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This is a Bill, not an Act. For current law, see the Acts databases.
ELECTRICITY FEED-IN (RENEWABLE ENERGY PREMIUM) AMENDMENT BILL 2009
2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for the Environment, Climate Change, Energy and
Water)
Electricity
Feed-in (Renewable Energy Premium) Amendment
Bill 2009
Contents
Page
2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for the Environment, Climate Change, Energy and
Water)
Electricity Feed-in
(Renewable Energy Premium) Amendment Bill 2009
A Bill for
An Act to amend the
Electricity Feed-in
(Renewable Energy Premium) Act 2008
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Electricity Feed-in (Renewable Energy Premium) Amendment
Act 2009.
This Act commences on the commencement of the Electricity Feed-in
(Renewable Energy Premium) Act 2008, section 6.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
This Act amends the Electricity Feed-in (Renewable Energy Premium)
Act 2008.
4 Objects
of ActSection 3
omit
insert
Part 1A Objects and important
concepts
5A Objects of Act
The objects of this Act are to—
(a) promote the generation of electricity from renewable energy sources;
and
(b) reduce the ACT’s contribution to human-induced climate change;
and
(c) diversify the ACT energy supply; and
(d) reduce the ACT’s vulnerability to long-term price volatility in
relation to fossil fuels.
5B Application of Act
(1) This Act applies to an NEL compliant renewable energy generator
installed in the ACT.
(2) However, this Act does not apply to an NEL compliant renewable energy
generator installed at premises if the capacity of the generator, or the total
capacity of all the NEL compliant renewable energy generators installed at the
premises, is more than 30kW.
(3) Also, this Act does not apply to an NEL compliant renewable energy
generator if the occupier of the premises at which the generator is installed
is—
(a) a territory agency; or
(b) a territory-owned corporation; or
(c) the Commonwealth or a Commonwealth authority; or
(d) an entity determined by the Minister.
(4) A determination under this section is a disallowable
instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
(5) In this section:
Commonwealth authority means any of the following (other than
an educational institution):
(a) a corporation established for a public
purpose under a Commonwealth Act;
(b) a company in which a controlling interest
is held by any 1 of the following, or by 2 or more of the following
together:
(i) the Commonwealth;
(ii) a corporation mentioned in paragraph
(a);
(iii) an entity mentioned in subparagraph (i)
or (ii).
educational institution means—
(a) a government school or school-related institution established under
the Education Act 2004, section 20; or
(b) a higher education provider; or
(c) a university.
higher education provider—see the Training and
Tertiary Education Act 2003, dictionary.
territory agency means any of the following (other than an
educational institution):
(a) the Territory;
(b) a territory instrumentality, and any other
corporation established for a public purpose under a territory law;
(c) a company in which a controlling interest
is held by any 1 of the following, or by 2 or more of the following
together:
(i) the Territory;
(ii) a Minister;
(iii) a corporation mentioned in paragraph (b);
(iv) an entity mentioned in subparagraphs (i)
to (iii).
5C Meaning of renewable energy generator and
renewable energy source
(1) In this Act:
renewable energy generator means an energy generator
that generates electricity from a renewable energy source.
renewable energy source means any of the
following:
(a) solar;
(b) wind;
(c) any other source determined by the Minister.
(2) A determination under this section is a disallowable
instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
5D Meaning of NEL
compliant
For this Act, a renewable energy generator is NEL compliant
if, when connected to the distributor’s network, it would comply with the
rules under the National Electricity (ACT) Law and the National Electricity
(ACT) Regulations that apply to an embedded generation unit.
6 Feed-in
from renewable energy generators to electricity
networkSection 6 (3) and
(4)
omit
omit
at the applicable rate under
substitute
in accordance with
after
generated by the generator
insert
on or after the day the application is made
insert
6A What is the normal cost of
electricity?
(1) The Minister may determine an amount to be the normal cost of
electricity in relation to a period.
(2) A determination is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
(3) The Minister may make guidelines for a determination under this
section.
(4) A guideline is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
substitute
8 Payment for electricity from renewable energy
generators
(1) For section 6 (5), payment must be at the following rate:
(a) for electricity generated by generators installed at the premises the
total capacity of which is not more than 10kW—
(i) 100% of the premium rate; or
(ii) if another percentage is determined under section 9 for this
paragraph—that percentage of the premium rate;
(b) for electricity generated by generators installed at the premises the
total capacity of which is more than 10kW but not more than
30kW—
(i) 80% of the premium rate; or
(ii) if another percentage is determined under section 9 for this
paragraph—that percentage of the premium rate.
(2) Payment must be made to the occupier quarterly in arrears for the
total amount of electricity generated by the generator.
insert
• quarter
12 Dictionary,
new definitions
insert
National Electricity (ACT) Law means the provisions applying
in the ACT because of the Electricity (National Scheme) Act 1997, section
5.
National Electricity (ACT) Regulations means the provisions
applying in the ACT because of the Electricity (National Scheme) Act
1997, section 6.
NEL compliant—see section 5D.
normal cost of electricity—see section 6A.
13 Dictionary,
definitions of premium rate and renewable energy
source
substitute
premium rate, for electricity supplied from a renewable
energy generator to an electricity distributor’s network, means the
premium rate determined under section 10 for the first financial year in which
both—
(a) the generator is connected to the network to enable electricity
generated by the generator to be supplied to the network; and
(b) the occupier of the premises where the generator is located makes the
application for payment mentioned in section 6 (5).
renewable energy generator—see section 5C.
renewable energy source—see section 5C.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2009.
2 Notification
Notified under the Legislation Act on 2009.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2009
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