New South Wales Consolidated Acts

ELECTRICITY SUPPLY ACT 1995

- As at 24 September 2009
- Act 94 of 1995

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Objects
   4.      Definitions and notes
   5.      Act binds Crown

   PART 2 - (Repealed)
   None

   PART 3 - NETWORK OPERATIONS IN THE RETAIL MARKET

           Division 1 - Network operations

   13.     Operation of distribution systems for retail supply
   14.     Licences
   15.     Right to connection to local distribution system for all customers
   16.     Distribution network service providers to convey electricity for certain persons only
   17.     (Repealed)
   18.     Distribution network service providers to connect premises under customer connection contracts

           Division 2 - Standard form customer connection contracts

   19.     Procedure for making standard form customer connection contracts
   20.     Matters for which standard form customer connection contracts must provide
   21.     Effect of standard form customer connection contracts
   22.     Amendment of standard form customer connection contracts

           Division 3 - Negotiated customer connection contracts

   23.     Negotiated customer connection contracts

           Division 4 - Requirements relating to customer connection services

   24.     Application
   25.     Contributions to augmentation of distribution system
   26.     Service lines
   27.     Service equipment
   28.     Transformers
   29.     Electricity meters
   30.     Requirements as to installation and use of apparatus
   31.     Customer may choose supplier and contractor
   32.     Sealing of electrical installations

           Division 5 - Levy

   32A.    Definitions
   32B.    Distribution network service provider’s levy
   32C.    Variation of levy
   32D.    Becoming a licensee during a year
   32E.    Ceasing to be a licensee during a year
   32F.    Payment and recovery of levy
   32G.    Operation of Division

   PART 4 - ELECTRICITY SUPPLY IN THE RETAIL MARKET

           Division 1 - Licences

   33.     Licences
   33A.    Endorsements on retail suppliers’ licences
   33B.    Transfer of endorsements
   33C.    Supply district of standard retail supplier

           Division 1A - Electricity supply

   34.     Right to supply of electricity from standard retail supplier for all customers
   35.     Discrimination prohibited
   36.     Supply of electricity under standard form customer supply contracts (tariffs and charges)
   37.     Supply of electricity by retail suppliers
   38.     Retail suppliers to supply electricity under customer supply contracts

           Division 2 - Negotiated customer supply contracts

   38A.    Negotiated customer supply contracts

           Division 3 - Standard form customer supply contracts

   39.     Procedure for making standard form customer supply contracts
   40.     Matters for which standard form customer supply contracts must provide
   41.     Effect of standard form customer supply contracts
   42.     Amendment of standard form customer supply contracts

           Division 3A - Passing through contributions made to Climate Change Fund

   42A.    Definitions
   42B.    Operation of Division
   42C.    Regulations may make provision for passing through of Fund contributions to retail customers
   43.     (Repealed)

           Division 4 - Pricing of electricity

   43A.    Definitions
   43B.    Pricing of electricity for customers other than exempt customers
   43C.    (Repealed)
   43D.    Returns
   43E.    Operation of Division

           Division 5 - Regulated retail tariffs and regulated retail charges

   43EA.   Referrals for determinations
   43EB.   Tribunal to determine regulated retail tariffs and regulated retail charges
   43EC.   Publication of regulated retail tariffs and regulated retail charges
   43ED.   Public inspection of Tribunal reports
   43EE.   Powers of Tribunal and conduct of investigations
   43EF.   Provision of information, documents and evidence
   43EG.   Confidential information
   43EH.   Offences
   43EI.   Cabinet documents and proceedings
   43EJ.   Division to cease to have effect

           Division 6 - Regulated retail tariffs equalisation

   43EK.   Objects of Division
   43EL.   Definitions
   43EM.   Electricity Tariff Equalisation Ministerial Corporation
   43EN.   Electricity Tariff Equalisation Fund
   43EO.   Rules for payments to and from Fund
   43EP.   Obligations of standard retail suppliers
   43EQ.   Obligations of electricity generators
   43ER.   Licence conditions relating to Fund
   43ES.   Division to cease to have effect

   PART 4A - ELECTRICITY SUPPLY BY TRANSMISSION OPERATORS TO DIRECT CUSTOMERS

           Division 1 - Levy

   43F.    Definitions
   43G.    Transmission operator’s levy
   43H.    Variation of levy
   43I.    Becoming a transmission operator during a year
   43J.    Ceasing to be a transmission operator during a year
   43K.    Payment and recovery of levy
   43L.    Operation of Division

           Division 2 - Pricing of electricity

   43M.    Definitions
   43N.    Pricing of electricity for direct customers
   43O.    Returns
   43P.    Operation of Division

   PART 5 - POWERS AND DUTIES OF NETWORK OPERATORS AND RETAIL SUPPLIERS

           Division 1 - Acquisition of land

   44.     Acquisition of land

           Division 2 - Powers and duties relating to electricity works

   45.     Erection and placement of electricity works
   46.     Damage to be made good
   47.     Altering position of conduit
   48.     Interference with electricity works by trees
   49.     Obstruction of electricity works
   50.     Charges for placement of electricity works
   51.     Ownership of electricity works
   52.     Interruption to electricity supply for maintenance
   53.     Protection of certain electricity works

           Division 3 - Powers of entry

   54.     Powers of entry
   55.     Notice of entry
   56.     Use of force
   57.     Notification of use of force or urgent entry
   58.     Care to be taken
   59.     Recovery of cost of entry and inspection
   60.     Compensation
   61.     Certificates of authority to enter land
   62.     Entry to residential premises
   63.     Warrants of entry
   63A.    Other powers of entry unaffected

   PART 5A - MARKET OPERATIONS

   63B.    Definition
   63C.    Market operations rules
   63D.    Obligations under rules
   63E.    Metrology co-ordinator

   PART 5B - MARKETING OF ELECTRICITY

   63F.    Definitions
   63G.    Marketing Code of Conduct
   63H.    Obligations under Marketing Code of Conduct
   63I.    Licence conditions relating to marketing activities relating to small retail customers
   63J.    Non-licensed electricity marketers to provide statements

   PART 5C - REMOVAL OF ELECTRICITY STRUCTURES

   63K.    Director-General may direct distribution network service provider to remove structure

   PART 5D - ELECTRICITY SAFETY

           Division 1 - General

   63L.    Interpretation

           Division 2 - Inspectors

   63M.    Inspectors
   63N.    Obstruction etc of inspectors

           Division 3 - Electrical equipment

   63O.    Inspection of certain electrical equipment
   63P.    Examination and testing of electricity delivery equipment
   63Q.    Orders prohibiting the use of unsafe electricity delivery equipment

           Division 4 - Accident reporting and investigation

   63R.    Notification of serious electricity works accidents
   63S.    Investigation of serious electricity works accidents
   63T.    Powers of inspectors
   63U.    Interference with site of serious electricity works accident
   63V.    Publication of details of serious electricity works accidents

           Division 5 - Enforcement

   63W.    Search warrants

   PART 6 - OFFENCES

           Division 1 - General offences

   64.     Theft of electricity
   65.     Interference with electricity works
   65A.    Entering, climbing or being on electricity works
   66.     Interference with electricity meters
   67.     Interference with distribution network service provider’s seals
   68.     Unauthorised connections
   69.     Unauthorised increase in capacity of connections
   70.     Unauthorised alterations and additions to electrical installations
   71.     Obstruction of authorised officers

           Division 2 - Restrictions on resupply of electricity

   72.     Charges for the use of electricity prohibited

           Division 3 - Supplementary orders

   73.     Local Court may order disconnection and discontinuance of electricity supply
   74.     Local Court may order payment for electricity unlawfully charged for
   75.     Local Court may order payment for stolen electricity
   76.     Orders for payment operate as judgments

   PART 7 - ADMINISTRATION

           Division 1 - Regulatory functions of Tribunal

   77.     Regulatory functions of Tribunal
           78-82. (Repealed)

           Division 2 - Distribution districts

   83.     Distribution districts of distribution network service providers
   84.     Variation of distribution districts
   85.     Transfer of staff, assets, rights and liabilities

           Division 3 - Licence auditing

   86.     (Repealed)
   87.     Licence auditing functions of Tribunal
   87A.    Cost of audit
   87B.    Provision and maintenance of information, documents and evidence
   87C.    Offences
   87D.    Licence condition
   88.     Annual reports

           Division 4 - Customer consultative groups

   89.     Appointment of customer consultative groups
   90.     Constitution of customer consultative groups
   91.     Functions of customer consultative groups

           Division 5 - General

   92.     Small retail customers
   93.     Transmission systems
   94.     Authorised officers

   PART 8 - APPEALS AND RESOLUTION OF DISPUTES

   95.     Appeals against decisions concerning licences
   95A.    Review of certain decisions concerning licences
   96.     Internal review of certain decisions disputed by customers
   96A.    Review of certain decisions under electricity industry ombudsman scheme
   96B.    Electricity industry ombudsman scheme
   96C.    Licence conditions relating to approved electricity industry ombudsman schemes
   96D.    Other kinds of review
   97.     Resolution of disputes between public authorities

   PART 8A - REDUCTION OF GREENHOUSE GAS EMISSIONS

           Division 1 - Preliminary

   97A.    Objects of Part
   97AB.   Definitions

           Division 2 - Greenhouse gas benchmarks

   97B.    State greenhouse gas benchmarks
   97BA.   Greenhouse gas benchmarks to apply to benchmark participants
   97BB.   Benchmark participants
   97BC.   Principles for determining greenhouse gas benchmarks for benchmark participants
   97BD.   Principles for determining compliance with greenhouse gas benchmarks
   97BE.   Greenhouse shortfalls may be carried forward
   97BF.   Factors to be determined and published before commencement of each year
   97BG.   Evidentiary provisions relating to benchmarks

           Division 3 - Enforcement of greenhouse gas benchmarks

   97C.    Licence conditions applying to retail suppliers
   97CA.   Greenhouse penalties
   97CB.   Annual greenhouse gas benchmark statements
   97CC.   Restrictions on surrender of abatement certificates for benchmark purposes
   97CD.   Assessment of compliance with greenhouse gas benchmarks
   97CE.   Validity of assessment
   97CF.   Waiver or suspension of obligations in emergencies

           Division 4 - Accreditation of abatement certificate providers

   97D.    Accredited persons may create abatement certificates
   97DA.   Eligibility for accreditation
   97DB.   Application for accreditation
   97DC.   Duration of accreditation
   97DD.   Conditions of accreditation
   97DDA.  Variation or revocation of conditions of accreditation
   97DE.   Accreditation not transferable

           Division 5 - Creation of abatement certificates

   97E.    Accredited abatement certificate provider may create certificates
   97EA.   Value of certificate
   97EB.   Entitlement to create abatement certificates
   97EC.   When certificates may be created
   97ED.   Creation of certificate must be registered
   97EE.   Duration of certificate
   97EF.   Scheme Administrator may require surrender of certificates
   97EG.   Records to be kept by accredited abatement certificate providers

           Division 6 - Transfers and other dealings in abatement certificates

   97F.    Types of abatement certificate
   97FA.   Transferability of certificates
   97FB.   Application for registration of transfer
   97FC.   Other dealings in certificates
   97FD.   Holder of certificate may deal with certificate
   97FE.   Scheme Administrator not concerned as to legal effect of transaction

           Division 7 - Registers

   97G.    Establishment and keeping of registers
   97GA.   Register of accredited abatement certificate providers
   97GB.   Register of abatement certificates
   97GBA.  Information from registers
   97GC.   Evidentiary provisions
   97GD.   Correction of register

           Division 8 - Functions of Tribunal and Scheme Administrator

   97H.    Functions of Tribunal
   97HA.   Scheme Administrator
   97HB.   Conduct of audits
   97HC.   Provision of information, documents and evidence
   97HD.   Cabinet documents and proceedings
   97HE.   Confidential information
   97HF.   Annual report by Tribunal

           Division 9 - Reviews

   97I.    Appeals to Administrative Decisions Tribunal about certificates and related matters

           Division 10 - Offences
           Note

   97J.    Improper creation of certificates
   97JA.   Obstruction of Tribunal or Scheme Administrator
   97JB.   False or misleading information
   97JC.   Licence condition relating to offences

           Division 11 - Greenhouse gas benchmark rules

   97K.    Greenhouse gas benchmark rules
   97KA.   Obligations under greenhouse gas benchmark rules

           Division 12 - Termination of operation of Part

   97KB.   Termination of operation of Part on establishment of national scheme for reduction of greenhouse gas emissions

   PART 9 - ENERGY SAVINGS SCHEME

           Division 1 - Preliminary

   98.     Objects of Part
   99.     Definitions

           Division 2 - Energy savings scheme

   100.    Establishment of scheme
   101.    Persons required to participate in scheme
   102.    Scheme participants required to meet individual energy savings targets

           Division 3 - Energy savings scheme targets

   103.    Energy savings scheme targets
   104.    Changes to energy savings scheme targets
   105.    Conditions under which energy savings scheme targets may be changed

           Division 4 - Individual energy savings targets

   106.    Individual energy savings targets
   107.    Liable acquisitions
   108.    Energy conversion factors
   109.    How does a scheme participant meet an individual energy savings target?
   110.    What are the energy savings attributable to a scheme participant?
   111.    Failure to meet individual energy savings target-energy savings shortfalls
   112.    Penalties for energy savings shortfalls
   113.    Penalty rates
   114.    Changes to base penalty rates and penalty conversion factors
   115.    Payment of energy savings shortfall penalties
   116.    Energy savings shortfalls may be carried forward
   117.    Carried forward shortfalls must be remedied
   118.    Elections by scheme participants

           Division 5 - Exemptions

   119.    Exemptions
   120.    Effect of exemption
   121.    Determination of whether industry or activity is emissions intensive and trade exposed
   122.    General provisions with respect to exemptions

           Division 6 - Assessment of compliance of scheme participants

   123.    Annual energy savings statements
   124.    Restrictions on surrender of energy savings certificates
   125.    Regulations relating to assessments
   126.    Validity of assessment

           Division 7 - Creation of energy savings certificates

   127.    Activities in respect of which energy savings certificates may be created
   128.    Energy savings represented by certificates
   129.    Calculation of energy savings attributable to recognised energy saving activities
   130.    Certificate conversion factor
   131.    When energy savings certificates may be created
   132.    No double counting of energy savings
   133.    Improper creation of energy savings certificates

           Division 8 - Accreditation of certificate providers

   134.    Certificates may be created by accredited certificate providers only
   135.    Eligibility for accreditation
   136.    Application for accreditation
   137.    Duration of accreditation
   138.    Conditions of accreditation
   139.    Variation or revocation of conditions of accreditation
   140.    Transfer of accreditation
   141.    Records to be kept by accredited certificate providers
   142.    Scheme Administrator may require surrender of certificates

           Division 9 - Registration, form and duration of energy savings certificates

   143.    Creation of certificate must be registered
   144.    Form of certificate
   145.    Duration of certificate

           Division 10 - Transfers and other dealings in certificates

   146.    Certificates are transferable
   147.    Application for registration of transfer
   148.    Other dealings in certificates
   149.    Holder of certificate may deal with certificate
   150.    Scheme Administrator not concerned as to legal effect of transaction

           Division 11 - Administration of scheme

   151.    Scheme Regulator
   152.    Functions of Scheme Regulator
   153.    Scheme Administrator
   154.    Functions of Scheme Administrator
   155.    Conduct of audits
   156.    Provision of information, documents and evidence
   157.    Obstruction of Scheme Regulator or Scheme Administrator
   158.    False or misleading information
   159.    Confidential information
   160.    Cabinet documents and proceedings

           Division 12 - Registers

   161.    Establishment and keeping of registers
   162.    Register of accredited certificate providers
   163.    Register of energy savings certificates
   164.    Information from registers
   165.    Evidentiary provisions
   166.    Correction of register

           Division 13 - Scheme rules

   167.    Scheme rules
   168.    Obligations under scheme rules

           Division 14 - Miscellaneous

   169.    Licence condition for retail suppliers
   170.    Application of Part to persons who cease to be scheme participants
   171.    Appeals to Administrative Decisions Tribunal
   172.    Certificate evidence
   173.    Personal liability
   174.    Annual report by Scheme Regulator
   175.    Five-yearly reviews of scheme
   176.    Waiver or suspension of obligations in emergencies
   177.    Termination of scheme on establishment of national scheme
   178.    Automatic termination of scheme at end of year 2020

   PART 10 - MISCELLANEOUS

   179.    Unauthorised electricity supply arrangements unenforceable
   180.    One document may serve several purposes
   181.    Electricity network pricing determinations
   182.    Agreement with licensed distribution network service providers
   183.    Delegation of Minister’s and Electricity Tariff Equalisation Ministerial Corporation’s functions
   184.    Directors and managers liable for offences committed by corporations
   185.    Proceedings for offences
   186.    Recovery of fees and penalties
   187.    Penalty notices for certain offences
   188.    Recovery of charges by network operators and wholesale or retail suppliers
   189.    Application of Act outside local government areas
   190.    Provision of information to Minister
   191.    Regulations
   192.    Repeals
   193.    Savings, transitional and other provisions
   194.    Review of Act
           Schedule 1 (Repealed)
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 5A
           SCHEDULE 5B
           SCHEDULE 6
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