New South Wales Consolidated Acts

NATIONAL ELECTRICITY (NEW SOUTH WALES) ACT 1997 - SCHEDULE 2

SCHEDULE 2 – Savings, transitional and other provisions

(Section 10)

1 Transitional arrangements with respect to certain liabilities affecting electricity supply authorities

(1) This clause applies to any electricity supply authority whose name has been omitted from Schedule 1 to the Independent Pricing and Regulatory Tribunal Act 1992 by Schedule 1.6 [2] to this Act or by Schedule 2 to the Energy Services Corporations Amendment (TransGrid Corporatisation) Act 1998 .

(2) Until the end of 30 June 1999 or such other date as may be prescribed by the regulations:

(a) section 38 (1) of the Electricity Transmission Authority Act 1994 continues to apply as if it had not been repealed, and

(b) section 78 of the National Electricity (NSW) Law does not apply,

to any act or omission of TransGrid.

(3) Until the end of 30 June 1999 or such other date as may be prescribed by the regulations:

(a) section 53 of the Electricity Supply Act 1995 continues to apply as if it had not been repealed, and

(b) section 78 of the National Electricity (NSW) Law does not apply,

to any act or omission of an electricity supply authority to which this clause applies.

(4) In this clause, "electricity supply authority" means any of the following:

(a) TransGrid,

(b) Advance Energy,

(c) Australian Inland Energy,

(d) EnergyAustralia,

(e) Great Southern Energy,

(f) Integral Energy Australia,

(g) NorthPower.

2 Transitional arrangements with respect to certain liabilities affecting electricity generators

(1) This clause applies to and in relation to any contract for the supply of electricity that was entered into by Pacific Power or by an electricity generator (within the meaning of the Energy Services Corporations Act 1995 ) before the commencement of this clause.

(2) For the purposes of any contract to which this clause applies and of any proceedings arising out of, or calling into question any provision of, a contract to which this clause applies:

(a) section 83 of the Electricity (Pacific Power) Act 1950 continues to apply as if this Act had not been enacted, and

(b) section 78 of the National Electricity (NSW) Law does not apply.

2A Transitional arrangements for termination of Funds operated by Market System Operator

(1) This clause applies to the System Control Fund, the Market Operations Fund and the Market Settlements Fund established under Division 1 of Part 7 of the Electricity Supply Act 1995 immediately before the repeal of that Division by this Act.

(2) Despite that repeal, any such Fund continues in existence and may be operated by any person designated by the Minister for the purpose of finalising arrangements for which it was established and for the purpose of its winding up.

(3) The Minister may distribute any amount remaining to the credit of any such Fund on its winding up in such manner as the Minister considers appropriate.

3 Savings and transitional regulations

(1) The Governor may make regulations of a savings or transitional nature consequent on the enactment or commencement of this Act.

(2) If the regulations so provide, they have effect despite any provision of this Schedule, the National Electricity (NSW) Law or the National Electricity (NSW) Regulations .

(3) A provision of a regulation made under this clause may, if the regulation so provides, take effect from the date of assent to this Act or from a later day.

(4) To the extent to which a provision takes effect from a day earlier than the day of the regulation’s publication in the Gazette, the provision does not operate to the disadvantage of a person (other than the State or a State authority) by:

(a) decreasing the person’s rights, or

(b) imposing liabilities on the person.