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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Electricity (Miscellaneous) Amendment
Bill 2011
A BILL FOR
An Act to amend the Electricity
Act 1996.
Contents
Part 1—Preliminary
1Short title
2Commencement
3Amendment
provisions
Part 2—Amendment of Electricity
Act 1996
4Amendment of section 10—Technical
Regulator's power to require information
5Amendment of
section 11—Obligation to preserve confidentiality
6Amendment of
section 35A—Price regulation by Commission
7Substitution of Part 3
Division 3AB
Division 3AB—Feed-in
mechanisms
36ACInterpretation
36ADFeeding electricity into
networks—requirements on holder of licence authorising
retailing
36AEFeeding electricity into
networks—requirements on holder of licence authorising operation of
distribution network
8Insertion of
section 91A
91AProtection from liability
Schedule 1—Transitional
provisions
1Preliminary
2Existing
qualifying customers
3Commencement of certain provision
4Initial determination of prescribed amount by
Commission
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Electricity (Miscellaneous) Amendment
Act 2011.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Electricity
Act 1996
4—Amendment
of section 10—Technical Regulator's power to require
information
Section 10(1)—delete "under this Act" and substitute:
(whether under this Act or any other Act)
5—Amendment
of section 11—Obligation to preserve
confidentiality
Section 11(1)—delete "in the course of the performance of the
Technical Regulator's functions" and substitute:
by the Technical Regulator
6—Amendment
of section 35A—Price regulation by Commission
(1) Section 35A(1)—after paragraph (b) insert:
(ba) the feeding-in of electricity into a distribution network under
Division 3AB;
(2) Section 35A—after subsection (2) insert:
(2a) In addition to the requirements of section 25(4) of the Essential
Services Commission Act 2002, the Commission must, in acting under
subsection (1)(ba), have regard to the fair and reasonable value to a
retailer of electricity fed into the network by qualifying customers within the
meaning of Division 3AB.
7—Substitution
of Part 3 Division 3AB
Part 3 Division 3AB—delete the Division and
substitute:
Division 3AB—Feed-in
mechanisms
36AC—Interpretation
In this Division—
designated day means 1 October 2011;
excluded electricity means electricity generated by an
excluded generator;
excluded generator means a small photovoltaic generator that,
in the opinion of the operator of a distribution network from which permission
to connect the generator is sought, would, but for the fact that the generator
is an excluded generator by virtue of this definition, be installed for the
dominant purpose of feeding into the network electricity generated by the
generator (and the fact that a generator is to be installed in a pair or group
of generators may be evidence that the generator is an excluded
generator);
excluded network means a distribution network that supplies
electricity to less than 10 000 domestic customers;
prescribed amount means the amount determined for the
purposes of this Division by the Commission in accordance with
section 35A;
qualifying customer—a small customer is a qualifying
customer for the purposes of this Division;
qualifying generator means a small photovoltaic
generator—
(a) that is operated by a qualifying customer; and
(b) that complies with Australian Standard—AS 4777 (as
in force from time to time or as substituted from time to time); and
(c) that is connected to a distribution network in a manner that allows
electricity generated by the small photovoltaic generator to be fed into the
network; and
(d) that is used in conjunction with a meter that complies with a code
relating to meters published by the Commission and that falls within a class of
meters approved by the Commission by notice in the Gazette,
other than where the distribution network is an excluded network;
small photovoltaic generator means a photovoltaic system with
capacity up to 10kVA for a single phase connection and up to 30kVA for a three
phase connection.
36AD—Feeding electricity into
networks—requirements on holder of licence authorising
retailing
(1) It is a
condition of the licence of the electricity entity that has the relevant
contract to sell electricity as a retailer to a qualifying customer who feeds
electricity generated by a qualifying generator into a distribution network,
other than an excluded network, that the retailer will, after taking into
account any requirements prescribed by the regulations—
(a) credit against the
charges payable by the qualifying customer for the sale of electricity to the
qualifying customer the prescribed amount, or an amount determined by the
retailer, being an amount greater than the prescribed amount, for electricity
fed into the network in excess of the electricity used by the qualifying
customer (after taking into account the operation of the following subsections);
and
(b) reflect the credits
under
paragraph (a) and
section 36AE in the
charges payable by the qualifying customer for the sale and supply of
electricity; and
(c) provide to the qualifying customer information relating
to—
(i) the amount of electricity fed into the distribution network by the
qualifying customer; and
(ii) the amounts to be credited for the benefit of the qualifying customer
for electricity fed into the distribution network.
(2) If the whole of
the amounts to be credited to a qualifying customer under
paragraph (a) and
section 36AE(1)
in respect of electricity fed into a distribution network in a particular
billing period has not been set-off against the charges payable by the
qualifying customer for the supply of electricity at the end of that billing
period, the qualifying customer is, subject to
subsection (3),
entitled to the payment of the outstanding balance.
(3) A retailer may, in
respect of any outstanding balance to which a qualifying customer is entitled
under
subsection (2),
pay the balance—
(a) at the end of the billing period referred to in
subsection (2);
or
(b) not later than 1 year after the end of the billing period
referred to in
subsection (2)
(but in such an event the retailer must pay all outstanding balances at that
time).
36AE—Feeding electricity into
networks—requirements on holder of licence authorising operation of
distribution network
(1) It is a
condition of a licence authorising the operation of a distribution network,
other than an excluded network, that the holder of the licence
will—
(a) allow a
qualifying customer to feed into the network electricity generated by a
qualifying generator (subject to complying with any relevant technical, safety
or other requirements imposed by or under this or any other Act or any relevant
instrument); and
(b) credit against the
charges payable by the qualifying customer for the supply of electricity to the
qualifying customer the amount of $0.54 per kWh for electricity, other
than excluded electricity, fed into the network under
paragraph (a) in
excess of the electricity used by the qualifying customer (after taking into
account the operation of
section 36AD and the
following subsections); and
(c) comply with any reporting requirements imposed by the Minister under
subsection (7).
(2) Subject to
subsection (3),
the holder of the licence authorising the operation of a distribution network is
only required to credit a qualifying customer under
subsection (1)(b)
for the first 45kWh of electricity fed into the network each day (and the
relevant electricity entity under
section 36AD must reflect
the relevant credit in giving effect to
section 36AD(1)(b)).
(3) For the
purposes of
subsection (2), the
holder of the licence must average the electricity fed into the network by the
qualifying customer over a billing period so as to determine an average daily
feed-in amount (and the amount so determined will be taken to be the daily
amount fed into the network over the billing period).
(4) If a qualifying
customer receives credit under
subsection (1)(b) in
respect of 1 qualifying generator, the qualifying customer is not entitled
to credit for any electricity generated by a second or subsequent qualifying
generator of the qualifying customer (but nothing in this subsection prevents
such a second or subsequent qualifying generator from being connected to a
distribution network for the purposes of feeding electricity into the
network).
(5) A person is not
eligible to receive a credit under this section on or after the designated day
in respect of a generator unless—
(a) the generator is a
qualifying generator immediately before the designated day; or
(b) the person, before
the designated day, has received permission to connect the generator to a
distribution network from the holder of a licence authorising the operation of
the network and has, within 120 days after the designated day, made
arrangements with the holder of the licence for a new meter to be installed on
account of that connection.
(6) If a generator referred to in
subsection (5)(a)
or
(b) is, on or after the
designated day—
(a) altered in a manner that increases the capacity of the generator to
generate electricity; or
(b) disconnected for any period,
the generator will be taken to not be a qualifying generator for the
purposes of this Division.
(7) The Minister
may, in connection with the operation or administration of this
section—
(a) by notice in the
Gazette, impose reporting requirements on the holders of licences authorising
the operation of distribution networks;
(b) by subsequent notice in the Gazette, vary any reporting requirements
previously imposed under this subsection (including by the substitution or
addition of requirements).
(8)
Subsections (1)(b),
(2),
(3) and
(4) will not apply to
electricity fed into a distribution network after
30 June 2028.
After section 91 insert:
91A—Protection from liability
Nothing done by a person in furnishing information to the Commission, AEMO
or the Technical Regulator in accordance with a requirement under this
Act—
(a) is to be regarded as placing the person in breach of contract or
confidence or as otherwise making the person guilty of a civil wrong;
or
(b) is to be regarded as placing the person in breach of, or as
constituting a default under, any Act or other law or obligation or any
provision in any agreement, arrangement or understanding; or
(c) is to be regarded as fulfilling any condition that allows a person to
exercise a power, right or remedy in respect of or to terminate any agreement or
obligation; or
(d) is to be regarded as giving rise to any remedy for a party to a
contract or an instrument; or
(e) gives rise to any right or entitlement to damages or
compensation.
Schedule 1—Transitional
provisions
(1) In this Schedule—
Commission means the Essential Services Commission
established under the
Essential
Services Commission Act 2002;
new Division 3AB means Part 3 Division 3AB of
the
Electricity
Act 1996 (as substituted by this Act);
prescribed qualifying customer means a qualifying customer in
relation to a generator where—
(a) permission to connect to a distribution network for the purpose of
feeding-in electricity generated by the generator as a qualifying generator in
accordance with section 36AB(1)(a) of the Electricity
Act 1996 (as in existence immediately before the commencement of
this Act) has been obtained before 1 September 2010; and
(b) the generator has fed electricity into the network as a qualifying
generator within 6 months after the commencement of this Act,
(but if the generator is, on or after
1 September 2010—
(c) altered in a manner that increases the capacity of the generator to
generate electricity; or
(d) disconnected for any period,
then the status of the person as a prescribed qualifying customer in
relation to that generator will no longer apply under this Schedule).
(2) Terms used in this Schedule and also in new Division 3AB have the
same meanings in this Schedule as they have in new Division 3AB.
2—Existing
qualifying customers
A prescribed qualifying customer—
(a) will be entitled to receive the credits under new Division 3AB in
respect of excluded electricity (if any) generated by a qualifying generator;
and
(b) will not be subject to the operation of section 36AE(2), (3), (4)
and (5) (as enacted as part of new Division 3AB) with respect to a
qualifying generator.
3—Commencement
of certain provision
Until the commencement of section 36AD as substituted by this Act,
section 36AD(2) of the Electricity
Act 1996, as in existence immediately before the commencement of
this Act, continues to apply to electricity entities holding licences to sell
electricity as retailers to qualifying customers (as if this Act had not been
enacted).
4—Initial
determination of prescribed amount by Commission
(1) The Commission must, after the commencement of this clause, make an
initial determination in relation to the credits payable by a retailer for the
feeding-in of electricity into a distribution network under section 36AD of
the Electricity
Act 1996 (as to be inserted into that Act as part of new
Division 3AB).
(2) Despite the amendments effected by
section 6 of this
Act and the provisions of the Essential
Services Commission Act 2002, an initial
determination—
(a) will be made after the Commission has adopted such processes as the
Commission thinks fit; and
(b) may be based on such principles, policies and other factors as the
Commission thinks appropriate; and
(c) will be made by the Commission by notice in the Gazette; and
(d) will be binding on the electricity entities to which it is expressed
to apply; and
(e) must be made
within 6 months from the commencement of this clause.
(3) An amount determined under this clause will be taken to be an amount
determined under section 35A of the Electricity
Act 1996 for the purposes of the definition of prescribed amount in
new Division 3AB.