2014
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for the Environment and Sustainable Development)
Electricity Feed-in (Large-scale Renewable Energy Generation) Amendment Bill 2014

Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Dictionary
Section 3, note 1	2
	5	Objects of Act
Section 5 (a)	2
	6	Meaning of capacity
Section 7 (1)	3
	7	Section 7 (6)	3
	8	FiT capacity
Section 9	3
	9	FiT capacity release
Section 10 (2) (b) (iii)	3
	10	New section 10 (6)	4
	11	FiT entitlement—grant
Section 11 (1)	4
	12	FiT entitlement—conditions
Section 12 (2) (d) to (f)	4
	13	Meaning of eligible electricity
Section 17, definition of eligible electricity, paragraph (a) and note	5
	14	Section 17, definition of eligible electricity, paragraph (d)	5
	15	Sections 18 to 20	5
	16	Section 21	9
	17	Regulation-making power
Section 25 (2)	10
	18	Dictionary, new definitions	10
	19	Dictionary, definitions of electricity distributor and electricity network	11
	20	Dictionary, definition of FiT support payment	11
	21	Dictionary, new definition of interconnected national electricity system	11
	22	Dictionary, definition of national electricity market	11
	23	Dictionary, new definitions	11

2014
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for the Environment and Sustainable Development)
Electricity Feed-in (Large-scale Renewable Energy Generation) Amendment Bill 2014

A Bill for
An Act to amend the Electricity Feed-in (Large-scale Renewable Energy Generation) Act 2011

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Electricity Feed-in (Large-scale Renewable Energy Generation) Amendment Act 2014.
2	Commencement
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)).
3	Legislation amended
This Act amends the Electricity Feed-in (Large-scale Renewable Energy Generation) Act 2011.
4	Dictionary
Section 3, note 1
substitute
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 ‘distribution system—see the National Electricity (ACT) Law, section 2.’ means that the term ‘distribution system’ is defined in that section and the definition applies to this Act.
5	Objects of Act
Section 5 (a)
after
region
insert
and other places
6	Meaning of capacity
Section 7 (1)
substitute
	(1)	For this Act, the capacity, of a generating system, is the maximum power, expressed in megawatts, that can be delivered by the system at the point where it connects to the interconnected national electricity system.
7	Section 7 (6)
omit
8	FiT capacity
Section 9
omit
210MW
substitute
550MW
9	FiT capacity release
Section 10 (2) (b) (iii)
substitute
	(iii)	whether a large renewable energy generator must be located within—
	(A)	the ACT; or
	(B)	the Australian capital region; or
	(C)	a participating jurisdiction; and
Note	Participating jurisdiction—see s (6).
10	New section 10 (6)
after the note, insert
	(6)	In this section:
participating jurisdiction—see the National Electricity (ACT) Law, section 2.
11	FiT entitlement—grant
Section 11 (1)
substitute
	(1)	The Minister may grant a person a FiT entitlement under a FiT capacity release in relation to a large renewable energy generator located—
	(a)	in the Australian capital region; or
	(b)	outside the Australian capital region if the Minister is satisfied that the person’s proposal—
	(i)	offers exceptional economic development benefits to ACT renewable energy industries; and
	(ii)	minimises costs to electricity consumers.
12	FiT entitlement—conditions
Section 12 (2) (d) to (f)
substitute
	(d)	entering into an agreement with a network service provider to connect the large renewable energy generator to the interconnected national electricity system within a stated time;
	(e)	connecting the large renewable energy generator to the interconnected national electricity system and supplying electricity to the system within a stated time;
	(f)	where a large renewable energy generator must be located and connected to the interconnected national electricity system;
13	Meaning of eligible electricity
Section 17, definition of eligible electricity, paragraph (a) and note
substitute
	(a)	generated by a large renewable energy generator connected to the interconnected national electricity system; and
Note	The National Electricity (ACT) Law and the national electricity rules govern the process by which a person may apply for connection to the interconnected national electricity system.
14	Section 17, definition of eligible electricity, paragraph (d)
omit
the electricity network
substitute
the interconnected national electricity system
15	Sections 18 to 20
substitute
17A	Meaning of FiT support payment
	(1)	In this Act:
FiT support payment, for a holder of a FiT entitlement, for eligible electricity for a period, means the amount worked out as follows:
(FiT - SP) x quantity of electricity
	(2)	In this section:
FiT means the feed-in tariff, stated in the FiT entitlement holder’s grant of FiT entitlement, for the holder’s eligible electricity for the period.
quantity of electricity means the quantity of the FiT entitlement holder’s eligible electricity for the period.
SP means the spot price value for the FiT entitlement holder’s eligible electricity for the period.
18	FiT support payment—ACT electricity distributor to pay
	(1)	This section applies if—
	(a)	a large renewable energy generator in relation to which a FiT entitlement is granted is connected to the interconnected national electricity system; and
	(b)	the FiT support payment for the holder of the FiT entitlement for a period is a positive amount.
	(2)	The ACT electricity distributor must pay the holder of the FiT entitlement FiT support payments for the holder’s eligible electricity for the period—
	(a)	in arrears; and
	(b)	within 30 days after the later of—
	(i)	the day the holder gives the ACT electricity distributor written notice that the large-scale generation certificates for the holder’s eligible electricity, worked out under the Renewable Energy (Electricity) Act 2000 (Cwlth), section 18 (3), have been registered under that Act, section 26; and
	(ii)	the day the holder gives the ACT electricity distributor any other information reasonably required by the distributor to work out the FiT support payment; and
	(c)	in the way (if any) prescribed by regulation.
Note	An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).
	(3)	However, if it is a condition of a holder’s FiT entitlement that there is a maximum quantity of a holder’s eligible electricity, in a financial year, in relation to which the holder is entitled to be paid a FiT support payment, the ACT electricity distributor need not pay the holder an amount in relation to electricity generated in excess of the maximum quantity in a financial year.
19	FiT support payment—negative amount
	(1)	This section applies if—
	(a)	a large renewable energy generator in relation to which a FiT entitlement is granted is connected to the interconnected national electricity system; and
	(b)	the FiT support payment for the holder of the FiT entitlement for a period is a negative amount.
	(2)	The ACT electricity distributor may—
	(a)	offset the amount against any subsequent FiT support payment payable to the holder of the FiT entitlement; or
	(b)	require the holder of the FiT entitlement, by written notice, to pay the ACT electricity distributor the amount within 30 days after the distributor gives the notice.
Note	An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).
20	Offences—non-payment of FiT support payment or other amount
	(1)	The ACT electricity distributor commits an offence if the distributor—
	(a)	is required to pay a FiT support payment to a holder of a FiT entitlement under section 18; and
	(b)	fails to make the payment as required.
Maximum penalty:  50 penalty units.
	(2)	The holder of a FiT entitlement commits an offence if the holder—
	(a)	is required to pay an amount to the ACT electricity distributor under section 19; and
	(b)	fails to make the payment as required.
Maximum penalty:  50 penalty units.
16	Section 21
substitute
21	Quarterly reports by ACT electricity distributor
	(1)	This section applies if, during a quarter, a large renewable energy generator in relation to which a FIT entitlement is granted is connected to the interconnected national electricity system.
	(2)	The ACT electricity distributor must give the Minister a report for the quarter in relation to the generator.
	(3)	The report must include the following:
	(a)	if the generator was first connected to the ACT electricity distribution system during the quarter—the cost of connecting the generator to the ACT electricity distribution system, including any network augmentation that was required to facilitate the connection;
	(b)	if the generator is connected to the ACT electricity distribution system—the cost of maintaining the connection of the generator to the ACT electricity distribution system and maintaining any network augmentation required to facilitate the connection;
	(c)	the quantity of eligible electricity supplied by the generator to the interconnected national electricity system in a trading interval, and the spot price value for the electricity in each interval;
	(d)	the FiT support payment paid by the ACT electricity distributor during the quarter to the holder of the FiT entitlement in relation to the generator.
	(4)	The ACT electricity distributor must give the Minister the report for a quarter before the end of the next quarter.
	(5)	In this section:
trading interval—see the national electricity rules, chapter 10 (Glossary).
17	Regulation-making power
Section 25 (2)
substitute
	(2)	A regulation may make provision in relation to the following:
	(a)	working out a FiT support payment;
	(b)	paying a FiT support payment.
	(3)	A regulation may create offences and fix maximum penalties of not more than 30 penalty units for the offences.
18	Dictionary, new definitions
insert
ACT electricity distribution system means the distribution system component of the interconnected national electricity system in the ACT.
ACT electricity distributor means the network service provider operating the ACT electricity distribution system.
AEMO—see the national electricity rules, chapter 10 (Glossary).
distribution system—see the National Electricity (ACT) Law, section 2.
19	Dictionary, definitions of electricity distributor and electricity network
omit
20	Dictionary, definition of FiT support payment
substitute
FiT support payment, for a holder of a FiT entitlement, for eligible electricity for a period—see section 17A (1).
21	Dictionary, new definition of interconnected national electricity system
insert
interconnected national electricity system—see the National Electricity (ACT) Law, section 2.
22	Dictionary, definition of national electricity market
substitute
national electricity market—see the National Electricity (ACT) Law, section 2.
23	Dictionary, new definitions
insert
network service provider—see the National Electricity (ACT) Law, section 2.
spot market—see the national electricity rules, chapter 10 (Glossary).
spot price value, for eligible electricity, means the amount that would have been paid for the electricity by the AEMO if the electricity had been sold on the spot market.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 27 February 2014.
2	Notification
	Notified under the Legislation Act on	2014.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2014