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This is a Bill, not an Act. For current law, see the Acts databases.
ELECTRICITY FEED-IN (RENEWABLE ENERGY PREMIUM) BILL 2008
2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mr Mick Gentleman)
Electricity
Feed-in (Renewable Energy Premium) Bill 2008
Contents
Page
2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mr Mick Gentleman)
Electricity Feed-in
(Renewable Energy Premium) Bill 2008
A Bill for
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.
Part
2 Renewable energy—supply to
electricity distributors
6 Feeding-in
electricity from renewable energy generators to electricity distribution
network
(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.
8 Renewable
energy generator—standards
(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.
Part
3 Renewable energy
premium—determination of rate
9 Determination
of premium rate
(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.
11 Regulation-making
power
(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.
12 Review
of operation of Act
(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.
13 Independent
Competition and Regulatory Commission Act 1997, new section 20 (2)
(l)
insert
(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.
14 Independent
Competition and Regulatory Commission Act 1997, new section
20AA
after section 20, insert
20AA Price regulation—renewable energy
premium
(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.
Example
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).
(see s 3)
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.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2008.
2 Notification
Notified under the Legislation Act on 2008.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2008
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