2008

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Mr Mick Gentleman)

2008

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Mr Mick Gentleman)

An Act about the supply of electricity from solar and other renewable energy sources to electricity distributors, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Electricity Feed-in (Renewable Energy Premium) Act 2008.

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

The object of this Act is to promote the generation of electricity from renewable energy sources.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘electricity distributor—see the Utilities Act 2000, dictionary.’ means that the term ‘electricity distributor’ is defined in that dictionary and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

(1) This section applies to an electricity distributor licensed to distribute electricity through an electricity network.

(2) It is a condition of the distributor’s licence that the distributor must, on application by the occupier of premises at which there is a renewable energy generator—

(a) connect the generator to the distributor’s network to enable electricity generated by the generator to be supplied to the network; and

(b) buy the electricity supplied to the network from the generator in accordance with subsection (3).

(3) The distributor must pay the occupier for the total amount of electricity supplied to the distributor’s network from renewable energy generators at the occupier’s premises—

(a) if the total capacity of the generators is not more than 10kWh—at the premium rate; and

(b) if the total capacity of the generators is more than 10kWh, and not more than 30kWh—at 80% of the premium rate; and

(c) if the total capacity of the generators is more than 30kWh—at 75% of the premium rate.

The action required by a distributor under section 6 is a utility service for the Utilities Act 2000.

(1) An electricity distributor must determine the standards that apply in relation to renewable energy generators that may be connected to the distributor’s electricity network.

(2) A determination under this section is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

(3) The distributor must also—

(a) publish the standards in a daily newspaper published and circulating in the ACT; and

(b) make copies of the standards available for public inspection during office hours at the distributor’s business premises.

(1) For each financial year, the Minister must determine the premium rate payable by an electricity distributor for electricity supplied to the distributor’s network from renewable energy generators connected to the network during the year.

(2) A determination is a disallowable instrument.

Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

(3) In making a determination, the Minister—

(a) must give priority to the following:

(i) the need to encourage the generation of electricity from renewable sources;

(ii) the need to reduce emissions from greenhouse gases;

(iii) the desirability of customers being able to recoup investment on renewable energy generators within a reasonable time; and

(b) must have regard to the following:

(i) the distributor’s costs in making payments under this Act;

(ii) anything else the Minister considers relevant.

(4) Until the Minister determines the premium rate under this section, the premium rate is 3.88 times the highest retail price of electricity for a domestic customer on the day this Act commences.

(1) The premium rate for the financial year in which a renewable energy generator is connected to a distributor’s network applies, if the generator remains connected to the network, in relation to electricity supplied to the network from the generator during the 20 years after the date of the connection.

(2) For subsection (1), a generator is taken to remain connected to the network during any temporary interruption to the connection for repair or maintenance work or relocation of the connection or generator at the same premises.

(1) The Executive may make regulations for this Act.

Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.

(2) A regulation may make provision in relation to notices to be placed at premises where a renewable energy generator is located.

(3) A regulation may create offences and fix maximum penalties of not more than 10 penalty units for the offences.

(1) The Minister must review the operation of this Act at least once every 5 years (a review period) after the day this Act commences.

(2) The Minister must present a copy of the report of the review for a review period to the Legislative Assembly not later than 6 months after the end of the review period.

(l) if the regulated service is the supply of electricity—the cost of electricity supplied under the Electricity Feed-in (Renewable Energy Premium) Act 2008.

(1) This section applies if—

(a) the commission is required to make a decision under section 20 (1) in relation to the price of electricity; and

(b) the terms of reference for the reference to the commission include the cost of electricity supplied under the Electricity Feed-in (Renewable Energy Premium) Act 2008.

(2) In making the decision, the commission must direct that any increase in the price of electricity attributable to the cost of renewable energy feed-in is applied to consumers in proportion to the amount of electricity used by each consumer.

price increases are discounted for certain groups like low level users or pensioner concession card holders

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:

• disallowable instrument (see s 9)

• Executive

• Minister (see s 162)

• regulation

• under.

customer—see the Utilities Act 2000, section 17.

electricity distributor—see the Utilities Act 2000, dictionary.

electricity network—see the Utilities Act 2000, section 7.

occupier, for premises, means the retail electricity customer for the premises.

premium rate, for electricity supplied from a renewable energy generator to an electricity distributor’s network, means the premium rate determined under section 9 for the financial year in which the generator was first connected to the network.

renewable energy generator means a device that—

(a) generates electricity exclusively from a renewable energy source; and

(b) for a photovoltaic generator with a capacity that is not more than 10kVA for a single phase connection—complies with AS 4777 (Grid connections of energy systems via inverters); and

(c) for a photovoltaic generator with a capacity that is more than 10kVA for a single phase connection—complies with the distributor’s standard under section 8; and

(d) for a photovoltaic generator with a capacity that is not more than 30kVA for a three phase connection—complies with AS 4777 (Grid connections of energy systems via inverters); and

(e) for a photovoltaic generator with a capacity that is more than 30kVA for a three phase connection—complies with the distributor’s standard under section 8.

renewable energy source means any of the following:

(a) solar;

(b) wind;

(c) any other source prescribed by regulation.

Presentation speech made in the Legislative Assembly on 2008.

Notified under the Legislation Act on 2008.

For the latest republication of amended laws, see www.legislation.act.gov.au.