New South Wales Consolidated Acts

ELECTRICITY SUPPLY ACT 1995 - SECT 97K

97K Greenhouse gas benchmark rules

(1) The Minister may approve rules for or with respect to the following matters:

(a) the methodology for calculating the number of tonnes of carbon dioxide equivalent of greenhouse gas emissions abated or to be abated by an activity, including activities the subject of renewable energy certificates,

(b) the methodology for determining the greenhouse gas benchmark for a benchmark participant,

(c) the methodology for determining the total number of megawatt hours of electricity supplied or purchased by a benchmark participant in a compliance period, including allowances for electricity losses from transmission or distribution to the point of use and allowances where a participant is responsible for a specified electricity load,

(d) the methodology for determining the NSW pool coefficient for greenhouse gas emissions,

(e) the methodology for determining the estimated State demand for electricity for a year and the proportion of that demand applicable to a benchmark participant,

(f) the methodology for determining the State population for a compliance period,

(g) the methodology for determining whether a benchmark participant has complied with the participant’s greenhouse gas benchmark in any compliance period,

(h) any other matter for which a greenhouse gas benchmark rule may be made under this Part,

(i) any other matter prescribed by the regulations.

(2) A rule may make provision for or with respect to a matter by applying, adopting or incorporating, with or without modification, the provisions of any Act or statutory rule or any other publication, whether of the same or of a different kind.

(3) A rule may:

(a) apply generally or be limited in its application by reference to specified exceptions or factors, or

(b) apply differently according to different factors of a specified kind, or

(c) authorise any matter or thing to be from time to time agreed, determined, applied or regulated by any specified person or body.

(4) The Minister may from time to time approve amendments to the rules or a revocation of rules.

(5) If a rule, or a rule amending or revoking a rule, is approved by the Minister:

(a) written notice of the approval of the rule must be published in the Gazette, and

(b) the rule takes effect on the day on which notice is so published or, if a later day is specified in the rule for commencement, on the later day so specified, and

(c) the Minister must make available a copy of the rule to each benchmark participant and make copies available to the public.

(6) A rule must be consistent with this Act and the regulations.

Note: For notices of approval of rules under this section see Gazettes No 161 of 3.10.2003, pp 9738, 9765, 9819, 9876, 9907; No 95 of 11.6.2004, pp 3562, 3651; No 154 of 9.12.2005, p 10316; No 164 of 23.12.2005, p 11541; No 106 of 25.8.2006, p 6726; No 155 of 5.12.2008, p 11790; No 93 of 26.6.2009, p 3621; No 66 of 21.5.2010, p 2235 (see also No 69 of 28.5.2010, p 2281) and No 111 of 3.9.2010, p 4362.