New South Wales Consolidated Acts

ELECTRICITY SUPPLY ACT 1995 - SECT 32B

32B Distribution network service provider’s levy

(1) A licensee must pay to the Treasurer, in respect of each financial year during which the licensee holds a distribution network service provider’s licence, the levy determined in respect of that year by order of the Governor, on the recommendation of the Treasurer, applying to the licensee and published in the Gazette.

(2) The Treasurer, in recommending the amount of a levy for a financial year payable by a licensee, must be satisfied that the amount reasonably represents the amount by which the network income (as estimated by the Treasurer) of the licensee in that year is likely to exceed the sum of the amounts (as estimated by the Treasurer) to be:

(a) the costs of deriving the income, and

(b) the taxes payable in deriving that income, and

(c) a reasonable return on the capital of the licensee used in deriving that income,

having regard to:

(d) the likely consumption of electricity in that financial year by customers (other than customers who are specified or described in an order made under section 43E (6)) who are connected to the licensee’s distribution system, and

(e) such other matters as the Treasurer determines after consultation with the licensee.

(3) The levy is payable for the financial year commencing on 1 July 1997 and later financial years.

(4) Despite the other provisions of this section, no levy is to be determined in respect of the year commencing on 1 July 2001, or any subsequent year, unless the Treasurer, by order published in the Gazette, approves the determination of a levy.

(5) An approval of the Treasurer under subsection (4):

(a) must be published in the Gazette before the beginning of a year to which it applies, and

(b) may apply to one or more years as specified or described in the approval.