South Australian Consolidated Regulations South Australian Consolidated Regulations6—Exemptions from requirement to be licensed
(1) A person who
carries on operations in the electricity supply industry
(the "operator") is exempt from the requirement to hold a licence under the
Act authorising the operations if the electricity in relation to which the
operations are carried on is only for the consumption of one or more of the
following:
(a) the
operator;
(b) a
designated body;
(c) a
person at premises occupied or used by the person as a tenant or licensee
(whether directly or indirectly) of the operator or a designated body where
that person is not charged for the supply of electricity except by an
electricity entity or as an unspecified part of rent or charges for the
occupation or use of the premises.
(2) A person who
carries on the generation of electricity is exempt from the requirement to
hold a licence under the Act authorising the operations if—
(a) the
generating plant has a rated nameplate output of 100 kVA or less; or
(b) the
person does not supply electricity for reward to or by means of a transmission
or distribution network.
(3) A person who
carries on operations as an inset network operator or inset network retailer
is exempt from the requirement to hold a licence under the Act authorising the
operations subject to the following conditions:
(e) a
transitional inset customer may only be charged for—
(i)
electricity supplied through the inset network on or
after 1 January 2003; or
(ii)
services or things provided on or after that date in
connection with that supply of electricity,
an amount not exceeding the applicable amount (if any) according to the scale
of charges fixed by the Commission under subregulation (4);
(f) an
inset customer must be kept informed of—
(i)
the nature of any arrangements for the purchase of
electricity for the inset network made between the inset network operator or
retailer and a licensed retailer for any period for which the customer
purchases electricity from the inset network retailer; and
(ii)
if the customer is to make a payment for or contribution
towards the cost of electricity consumed in common areas, or for shared
facilities, at the premises served by the inset network—
(A) the total amount of electricity so
consumed; and
(B) the amount paid by the
inset network operator or retailer for that electricity;
(g) an
inset customer (other than a transitional inset customer) must have an
effective right of access to a licensed retailer of the customer's choice;
(h) the
inset network operator or retailer must follow processes of a kind approved by
the Commission to resolve disputes with inset customers about the sale or
supply of electricity.
(4) The Commission
must fix a scale of charges for classes of inset customers for the purposes of
subregulation (3)(e) that the Commission considers fair and reasonable
having regard to the prices that such classes of customers could obtain from
licensed retailers.
(5) An exemption under
this regulation is (in addition to any other condition to which it is
expressed to be subject under this regulation) subject to the condition that
the person comply with any requirement imposed by or under the Act, these
regulations, the National Electricity Code or a code made by the Commission
under the Essential Services Commission Act 2002 as if the person were an
electricity entity authorised by a licence to carry on the operations to which
the exemption relates.
(6) An exemption from
subregulation (5), or from specified requirements referred to in that
subregulation, may be granted by—
(a) in
relation to Part 6 of the Act or Parts 4, 5 and 6 of these regulations or any
safety requirement—the Technical Regulator, on terms and conditions the
Technical Regulator considers appropriate; or
(b) in
any other case—the Commission, on terms and conditions the Commission
considers appropriate.
(8) For the purposes
of this regulation, an inset customer has "an effective right of access to a
licensed retailer of the customer's choice only if the customer may—
(a) have
access to and use the inset network for the purpose of consuming electricity
purchased by the customer from a licensed retailer of the customer's choice;
and
(b)
install, maintain and use meters and other equipment necessary for that
purpose,
without any charge being payable by the customer (other than to the
licensed retailer) or by the licensed retailer.
(9) In this
regulation—
"community or strata title premises" means premises the subject of the same
community plan under the Community Titles Act 1996 or the same strata
plan under the Strata Titles Act 1988 ;
"designated body" means a body or group of persons designated by the Minister
by notice in the Gazette;
"inset customer", in relation to an inset network, means a person (other than
the inset network operator or the inset network retailer) who has or seeks a
supply of electricity from the inset network;
"inset network" means a transmission or distribution network that serves only
a group of premises in the same ownership or community or
strata title premises;
"inset network operator" means a person who operates an inset network;
"inset network retailer" means a person (other than an electricity entity) who
retails electricity supplied through an inset network;
"licensed retailer" means an electricity entity licensed to retail
electricity;
"premises" includes part of premises;
"transitional inset customer" means—
(a) an
inset customer who occupies or uses part of a group of premises in the same
ownership under a lease or licence granted before 1 January 2003,
but does not include an inset customer if—
(c) the
premises served by the inset network resulted from or were affected by
building work commenced on or after the commencement of this regulation; and
(d)
there were no inset customers residing or carrying on business at the premises
served by the network during all or part of the period over which the building
work was carried out.
(10) The Minister
may—
(a) by
notice in the Gazette, designate a body or group of persons for the
purposes of the definition of "designated body"; and
(b) by
subsequent notice in the Gazette, vary or revoke a notice under this
subregulation.