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TASMANIA
__________
ENERGY CO-ORDINATION AND PLANNING
AMENDMENT BILL 2018
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 3A inserted
3A. High reliability level and prudent storage level
6. Part 2A inserted
PART 2A - Monitor and Assessor for Energy Security and
Energy Security Co-ordinator
Division 1 - Monitor and Assessor for Energy Security
8A. Monitor and Assessor for Energy Security
8B. Assessor's functions and powers
8C. Reports by Assessor
Division 2 - Energy Security Co-ordinator
8D. Energy Security Co-ordinator
8E. Functions and powers of Co-ordinator
Division 3 - Recovery plans
8F. Assessor may require PSL recovery plan from Hydro
8G. Assessor must require HRL recovery plan from
Hydro
8H. Information to be included in recovery plans
8I. Approval of HRL recovery plan
8J. Implementation and reporting of recovery plan
8K. Risk to electricity supply
Division 4 - General
[Bill 57]-IV
8L. Directions from Minister
8M. Assessor and Co-ordinator may require information
8N. Obligation to preserve confidentiality
7. Section 13A inserted
13A. Immunity from liability
8. Repeal of Act
2
ENERGY CO-ORDINATION AND PLANNING
AMENDMENT BILL 2018
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
27 November 2018
(Brought in by the Minister for Energy, the Honourable Guy
Barnett)
A BILL FOR
An Act to amend the Energy Co-ordination and Planning
Act 1995
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Energy Co-
ordination and Planning Amendment Act 2018.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 57] 3
Energy Co-ordination and Planning Amendment Act 2018
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s. 3
3. Principal Act
In this Act, the Energy Co-ordination and
Planning Act 1995* is referred to as the
Principal Act.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by inserting the following definitions
before the definition of Director:
Assessor means the Monitor and
Assessor for Energy Security
appointed under section 8A;
Co-ordinator means the Energy
Security Co-ordinator appointed
under section 8D;
(b) by inserting the following definition after
the definition of energy:
energy in storage has the same
meaning as in Schedule 1 to the
Electricity Supply Industry
Regulations 2008;
(c) by omitting "process." from paragraph
(b) of the definition of gas and
substituting "process;";
_______________________________________________________________
*No. 47 of 1995
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Energy Co-ordination and Planning Amendment Act 2018
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(d) by inserting the following definitions
after the definition of gas:
headwater storage has the same
meaning as in Schedule 1 to the
Electricity Supply Industry
Regulations 2008;
HRL means the high reliability level
specified by the Minister under
section 3A(a);
HRL recovery plan means a recovery
plan submitted in accordance
with section 8G;
Hydro means the Hydro-Electric
Corporation continued under the
Hydro-Electric Corporation Act
1995;
National Electricity Market has the
same meaning as in the
Electricity Supply Industry Act
1995;
PSL means the prudent storage level
specified by the Minister under
section 3A(b);
PSL recovery plan means a recovery
plan submitted in accordance
with section 8F;
recovery plan includes the following:
(a) an HRL recovery plan;
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Energy Co-ordination and Planning Amendment Act 2018
Act No. of 2018
s. 5
(b) a PSL recovery plan;
Regulator means the Tasmanian
Economic Regulator appointed
under the Economic Regulator
Act 2009.
5. Section 3A inserted
After section 3 of the Principal Act, the
following section is inserted in Part 1:
3A. High reliability level and prudent storage
level
The Minister may, by order, specify in
respect of each month, a level of energy
in storage to be -
(a) the high reliability level; and
(b) the prudent storage level.
6. Part 2A inserted
After section 8 of the Principal Act, the
following Part is inserted:
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Energy Co-ordination and Planning Amendment Act 2018
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PART 2A - MONITOR AND ASSESSOR FOR
ENERGY SECURITY AND ENERGY SECURITY CO-
ORDINATOR
Division 1 - Monitor and Assessor for Energy Security
8A. Monitor and Assessor for Energy Security
The Regulator is to be the Monitor and
Assessor for Energy Security.
8B. Assessor's functions and powers
(1) The Assessor has the following
functions:
(a) to monitor and provide reports in
relation to energy in storage and
other sources of energy;
(b) to evaluate, on a monthly basis,
whether there is sufficient energy
in storage and associated
generation capacity to meet
forecast electricity demand in the
Tasmanian region of the National
Electricity Market;
(c) to require Hydro to provide
recovery plans in accordance with
section 8F;
(d) to provide the Co-ordinator with
a copy of any recovery plan and
the Assessor's advice on the
quality of the plan;
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Energy Co-ordination and Planning Amendment Act 2018
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(e) to notify the Co-ordinator when
energy in storage levels are likely
to drop below the HRL;
(f) to monitor and evaluate the PSL
and HRL and advise the Minister
whether changes in the levels are
required;
(g) such other functions as may be
prescribed.
(2) In addition to any other powers conferred
on the Assessor, he or she has power to
do all things necessary or convenient to
be done for or in connection with, or
incidental to, the performance of his or
her functions.
8C. Reports by Assessor
(1) The Assessor is to publish on the
Assessor's website a monthly report in
relation to energy in storage levels, the
PSL and the HRL.
(2) The Assessor, not later than
30 November each year, is to prepare and
give to the Minister a report on the
performance of the Assessor's functions
and the exercise of the Assessor's powers
under this Act in the preceding 12
months.
(3) The report provided under subsection (2)
is to include the following:
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Energy Co-ordination and Planning Amendment Act 2018
Act No. of 2018
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(a) an examination of the forecast
energy in storage levels and
forecast demand for energy;
(b) consideration of whether the
energy in storage levels are likely
to drop below the PSL or the
HRL;
(c) a review of changes to the
balance between supply and
demand for energy, and
recommendations to ensure the
maintenance of security of energy
supply;
(d) any other matters that the
Assessor thinks appropriate.
(4) The Assessor is to cause a copy of the
report to be published on the Assessor's
website.
(5) If the Assessor considers that a change in
the PSL or the HRL is required, the
Assessor is to provide the Minister with
advice to that effect.
(6) In preparing the advice under
subsection (5), the Assessor is to consult
with Hydro.
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Division 2 - Energy Security Co-ordinator
8D. Energy Security Co-ordinator
The Director is to be the Energy Security
Co-ordinator.
8E. Functions and powers of Co-ordinator
(1) The Co-ordinator has the following
functions:
(a) to recommend to the Minister any
action that the Co-ordinator
considers should be taken in
order to ensure that the State's
energy requirements can be met;
(b) to manage electricity supply risks
when energy in storage is at or
below the HRL;
(c) to review any recovery plan
provided to the Assessor by
Hydro;
(d) such other functions as may be
prescribed.
(2) In addition to any other powers conferred
on the Co-ordinator, he or she has power
to do all things necessary or convenient
to be done for or in connection with, or
incidental to, the performance of his or
her functions.
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Division 3 - Recovery plans
8F. Assessor may require PSL recovery plan
from Hydro
(1) If the level of energy in storage is below
the PSL and, in the Assessor's opinion, it
is reasonably possible that it will fall
below the HRL, the Assessor may
require Hydro to submit to the Assessor a
PSL recovery plan, within a specified
period.
(2) If requested to do so under subsection
(1), Hydro must submit a PSL recovery
plan within the period specified.
8G. Assessor must require HRL recovery plan
from Hydro
(1) If, in the Assessor's opinion, it is
probable that the level of energy in
storage will fall below the HRL, the
Assessor must require Hydro to submit to
the Assessor an HRL recovery plan,
within a specified period.
(2) If requested to do so under subsection
(1), Hydro must submit an HRL recovery
plan within the period specified.
8H. Information to be included in recovery plans
A recovery plan is to include the
following information:
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(a) details of any strategies that
Hydro may implement for
reducing the consumption of
energy in storage and other
sources of energy;
(b) details of any strategies of which
Hydro is aware for increasing the
supply of energy other than
energy in storage.
8I. Approval of HRL recovery plan
(1) On receipt of an HRL recovery plan, the
Assessor is to provide the Co-ordinator
with a copy of the plan.
(2) The Co-ordinator must review the HRL
recovery plan.
(3) In reviewing an HRL recovery plan, the
Co-ordinator may require information
from any person or body that the Co-
ordinator considers relevant.
(4) If the Co-ordinator is not satisfied that
the HRL recovery plan adequately
addresses the matters referred to in
section 8H, the Co-ordinator is to liaise
with Hydro to rectify any deficiencies in
the HRL recovery plan.
(5) Once any deficiencies in the HRL
recovery plan have been rectified to the
Co-ordinator's satisfaction, the amended
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HRL recovery plan is to be submitted to
the Assessor.
(6) If an amended HRL recovery plan is
submitted to the Assessor, the Assessor is
to provide the Co-ordinator with a copy
of the amended HRL recovery plan for
review.
(7) If the Co-ordinator is satisfied that the
HRL recovery plan, whether as amended
or not, adequately addresses the matters
referred to in section 8H, the Co-
ordinator is to -
(a) approve the HRL recovery plan;
and
(b) advise Hydro, the Assessor and
the Minister of that approval.
8J. Implementation and reporting of recovery
plan
(1) If the Co-ordinator approves a recovery
plan, he or she must oversee and co-
ordinate the implementation of the plan.
(2) The Co-ordinator may require Hydro to
provide reports on the progress of the
implementation of the recovery plan as
and when the Co-ordinator requires.
(3) The Co-ordinator must provide reports
on the progress of the implementation of
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the recovery plan to the Minister as and
when the Minister requires.
8K. Risk to electricity supply
If, in the Co-ordinator's opinion, there is
a reasonable probability that energy in
storage and associated generation
capacity will not be sufficient to meet
forecast demand for electricity in the
Tasmanian region of the National
Electricity Market, the Co-ordinator must
advise the Minister of that risk and may
recommend an appropriate course of
action.
Division 4 - General
8L. Directions from Minister
(1) The Minister may give directions in
writing to -
(a) the Assessor with respect to the
performance of the Assessor's
functions; and
(b) the Co-ordinator with respect to
the performance of the Co-
ordinator's functions.
(2) The directions may be given generally or
in relation to a particular matter.
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(3) The Assessor and the Co-ordinator must
perform their functions in accordance
with the directions.
8M. Assessor and Co-ordinator may require
information
The Assessor or the Co-ordinator may
request a person to provide such
information as the Assessor or Co-
ordinator requires, including information
by way of periodical returns at specified
times, if -
(a) the information is required to
enable the Assessor or Co-
ordinator to perform his or her
functions; and
(b) the Assessor or Co-ordinator has
reasonable grounds for believing
that the person is able to provide
the information.
8N. Obligation to preserve confidentiality
(1) The Assessor and the Co-ordinator must
preserve the confidentiality of
information that -
(a) could affect the competitive
position of an electricity entity or
other person; or
(b) is commercially sensitive for
some other reason.
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(2) Information that is provided to the
Assessor or the Co-ordinator on a
confidential basis is not liable to
disclosure under the Right to Information
Act 2009.
(3) Subsection (1) does not apply to the
disclosure of information between
persons engaged in the administration of
this Act.
7. Section 13A inserted
After section 13 of the Principal Act, the
following section is inserted in Part 4:
13A. Immunity from liability
The Director, when acting or purporting
to act as Director or as Co-ordinator, or
the Assessor or another person acting, or
purporting to act, in good faith in the
administration of this Act incurs no civil
liability except -
(a) a liability for negligence; and
(b) a liability for which express
provision is made by or under this
Act.
8. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
16 Government Printer, Tasmania