Does not include amendments by— (not commenced) Water Industry Competition Amendment (Review) Act 2014 No 57, Sch 4.32 (not commenced) Government Sector Finance Legislation (Repeal and Amendment) Act 2018 No 70(not commenced) Water Industry Competition Amendment Act 2021 No 26(not commenced) Energy Legislation Amendment Act 2021 No 34
(1) In this Act— area of operations , in relation to Sydney Water Corporation, has the same meaning as it has in the. Sydney Water Act 1994 Climate Change Fund means the Climate Change Fund established under section 34E.contributions order means an order under section 34J.Corporation means the Energy Corporation of New South Wales constituted by section 7.corrosion protection system has the same meaning as it has in the. Electricity Supply Act 1995 Department means the Department of Planning and Environment.designated energy users —see section 34B.designated water users —see section 34A.electrical equipment means any appliance, wire, fitting, cable, conduit, meter, insulator, apparatus or material that uses, conveys or controls (or that is designed or intended to use, convey or control) electricity.electrical installation has the same meaning as it has in the. Electricity Supply Act 1995 electricity supply authority has the same meaning as it has in the. Gas and Electricity (Consumer Safety) Act 2017 energy means energy, power or fuel.energy savings action plan means a savings action plan relating to the use of energy.energy service includes the supply or distribution of energy.financial year means the year commencing 1 July.licensed distributor means a person who is required to hold a distributor’s licence under the. Electricity Supply Act 1995 local government area , in relation to a local council, means the area within the meaning of theof the council. Local Government Act 1993 public authority means a public or local authority constituted by or under an Act other than this Act, and includes any other body prescribed by the regulations.regulation means a regulation made under this Act.savings action plan means a savings action plan prepared under Division 4 of Part 6A.savings measure , in relation to energy or water, means a program, project or other measure—
(a) to reduce the use of, or demand for, energy or water, or (b) to promote awareness or acceptance of the need to reduce the use of energy or water. savings order means an order made under section 34D.Secretary means the Secretary of the Department.State agency means—
(a) a public or local authority constituted by or under an Act (including a local council), or (b) a Public Service agency, or (c) a statutory body representing the Crown, or (d) a State owned corporation (including any subsidiary of a State owned corporation) within the meaning of the . State Owned Corporations Act 1989 State water agency means—
(a) Sydney Water Corporation, or (a1) Gosford City Council, or (a2) Wyong Shire Council, or (b) any other State agency prescribed by the regulations that provides any water service in a water savings area, and includes—
(c) a licensed network operator or licensed retail supplier within the meaning of the , and Water Industry Competition Act 2006 (d) the Central Coast Water Corporation on and from the time when it is prescribed by the regulations to be a State water agency for the purposes of this definition. water savings action plan means a savings action plan relating to the use of water.water savings area means—
(a) the area of operations of Sydney Water Corporation, or (a1) the local government area of Gosford City Council under the , or Local Government Act 1993 (a2) the local government area of Wyong Shire Council under the , or Local Government Act 1993 (b) any other area or areas of the State prescribed by the regulations for the purposes of this definition. water service includes any of the following—
(a) the storage or supply of water, (b) the disposal of waste water, (c) the provision of a sewerage, stormwater or drainage service. Note— The contains definitions and other provisions that affect the interpretation and application of this Act. Interpretation Act 1987
(1) The affairs of the Corporation shall be managed by the Secretary.
(1) The Secretary may and shall, if directed to do so by the Minister, establish standing or special committees for the purpose of advising the Corporation in the exercise of its functions under this or any other Act.
(1) The objects of the Corporation are—
(a) to carry out such investigations relating to the locating and the development, extraction, provision, allocation, transportation, distribution, pricing, conservation, utilisation and conditions of supply of energy and energy resources as it considers appropriate or as the Minister directs, (b) to plan the locating and the development, extraction, provision, allocation, transportation, distribution, pricing, conservation, utilisation and conditions of supply of energy and energy resources in such manner as it considers appropriate or as the Minister directs, (c) to assist and advise, and make reports and recommendations to, the Minister in respect of matters relevant to this Act and any other Act administered by the Minister, (d) to review plans or draft plans for the development, extraction, provision, allocation, transportation, distribution, pricing, conservation, utilisation and conditions of supply of energy and energy resources prepared by any energy undertakings operating in the State, and (e) in accordance with this Act, to acquire and dispose of energy and energy resources or operations connected with the locating and the development, extraction, provision, transportation, distribution, conservation or utilisation of energy and energy resources, and (f) to promote energy conservation and measures to increase the efficiency of energy supply, transmission and use.
(1) The Corporation may also do any or all of the following—
(a) investigate the extent of the energy resources available within the State, (b) carry out, or commission the carrying out of, such inspections, tests, investigations, surveys, experiments, boring, drilling and exploration as it considers necessary or desirable to enable it to effectively exercise its functions under this or any other Act, (c) evaluate the future demands for energy and energy resources within the State and the capacity of the State to meet those demands, whether from internal resources or otherwise, and assess the impact of any lack of energy or energy resources on the development of the State or any part of the State, (d) promote the locating and the development, extraction, provision, transportation, distribution, conservation and utilisation of energy and energy resources, (e) (f) disseminate or promote the dissemination of information regarding the locating and the development, extraction, provision, allocation, transportation, distribution, pricing, conservation, utilisation and conditions of supply of energy and energy resources, (g) carry out, commission or co-ordinate research, development and demonstration with respect to any matter relating to energy or energy resources, (h) assist and co-operate with authorities of the Commonwealth and other States and Territories in the planning and co-ordination of policies related to energy and energy resources, (i) have consultations, and make arrangements, with any public authority in respect of the exercise or undertaking by that authority of anything within that authority’s functions that may affect energy or energy resources, (j) undertake negotiations on behalf of, or in co-operation with, persons who are interested in making energy or energy resources available for use by the community, (k) formulate proposals to assist with the provision by a gas producing, extracting or transporting undertaking of a bulk supply of gas to a gas distributing undertaking including a scheme to enable that gas to be provided, (l) acquire a gas producing or distributing undertaking by agreement, (m) undertake, or cause to be undertaken, the construction of works or apparatus to be used for or in connection with the locating or the development, extraction, provision, transportation, distribution, conservation or utilisation of energy or energy resources, (n) maintain and operate any undertaking constructed or acquired by it under this or any other Act. (1A)
(1A) This section applies in respect of a form of energy or energy resources other than electricity. Note— See Part 7A of the for the declaration and management of electricity supply emergencies. Electricity Supply Act 1995
(1) So long as a proclamation referred to in section 24 (2) remains in force, the Governor may make a regulation—
(a) controlling, directing, restricting or prohibiting the sale, supply, use or consumption of the proclaimed form of energy, whether generally or for any purpose or purposes specified in the regulation, (b) authorising the Secretary or a person specified in the regulation to exercise such functions as to the Governor appear to be necessary or expedient to carry into effect the purposes of this section or the regulation, and in particular (but without limiting the foregoing provisions of this subsection) authorising the Secretary or that person—
(i) to control, direct, restrict and prohibit the sale, supply, use or consumption of the proclaimed form of energy, whether generally or for any purpose or purposes specified in the regulation, (ii) to direct a person who extracts, provides, supplies, transports or distributes the proclaimed form of energy to extract it for or provide, supply, transport or distribute it to a person specified in the regulation, (iii) to specify the terms and conditions on which the proclaimed form of energy shall be extracted, produced, provided, supplied, transported or distributed, (iv) to direct that a person to whom the proclaimed form of energy is provided, supplied, transported or distributed accept the proclaimed form of energy so provided, supplied, transported or distributed, and (v) to make such orders, take such measures, give such directions and do such things as are in the opinion of the Secretary or the person specified in the regulation necessary or expedient to carry into effect the purposes of this section and any regulation made under this section, or (c) generally, prescribing all such matters or things as are necessary or expedient to be prescribed for carrying into effect the purposes of this section and the regulation. (2) Any such regulation may be made before the proclamation under the authority of which it is made has taken effect, but any such regulation shall not take effect before that proclamation has taken effect.
(1) This section applies in respect of a form of energy or energy resources other than gas or electricity.
(1) In this section— industrial matter has the same meaning as in the. Industrial Relations Act 1996 qualified person means a Member of the Industrial Relations Commission of New South Wales or other person having qualifications which the Minister considers appropriate to carry out the functions under this section of a person appointed under this section.(2) If an order is in force under section 26, the Minister may, by order published in the Gazette, appoint a qualified person to investigate any industrial matter specified or described in the order, being an industrial matter with respect to any one or more of the following—
(a) the extraction, production, provision, supply, transportation or distribution of any form of energy or energy resources in relation to which the order under section 26 is in force when the qualified person is so appointed, (b) persons engaged in the extraction, production, provision, supply, transportation or distribution of any form of energy or energy resources in relation to which the order under section 26 is in force when the qualified person is so appointed, (c) the utilisation of any form of energy or energy resources in relation to which the order under section 26 is in force when the qualified person is so appointed.
(1) A person shall not—
(a) prevent an inspector from exercising or performing any function conferred on the inspector under section 32, (b) hinder or obstruct an inspector in the exercise of any such functions, (c) refuse or fail to comply with any requirement or answer any question of an inspector, (d) furnish an inspector with information knowing that it is false or misleading in a material particular, or (e) impersonate an inspector. Maximum penalty—10 penalty units.
(1) There is payable from the Fund—
(a) any money, including a repayable grant, approved by the Minister to fund all or any part of the cost of any measure that the Minister is satisfied promotes a purpose referred to in section 34F, and (b) any money approved by the Minister to fund all or any part of the contributions that the State is required to make for the purposes of national energy regulation, and (c) any money required to meet administrative expenses related to the Fund, and (d) any money required to meet administrative expenses of the Minister in connection with the Minister’s functions under this Act in relation to savings action plans, and (d1) $50 million between 2021 and 2030 to develop the green hydrogen sector, including—
(i) the production of hydrogen energy using renewable energy, and (ii) the supply, use and export of hydrogen energy produced using renewable energy, and (e) any money directed or authorised to be paid from the Fund by or under this or any other Act or law. (2) In exercising the Minister’s functions under subsection (1) (a) (but without limiting the generality of that paragraph), the Minister may—
(a) approve selection criteria from time to time to be applied to determine the kinds of water or energy savings measures that will be eligible for funding, and (b) approve the funding of community grants from the Fund, being grants awarded on the basis of their merit in advancing one or more of the purposes referred to in section 34F, established through a competitive selection process, and (c) require a person or body seeking funding for a water or energy savings measure to do either or both of the following as a precondition to applying for or obtaining funding—
(i) to submit a water savings action plan or energy savings action plan (as the case requires) that includes details about the measure, (ii) to provide any other information requested by the Minister about the measure, and (d) obtain and have regard to any advice, recommendations or other information provided to the Minister by a committee established by the Minister under Division 5, or by any other person or body, that the Minister considers relevant.
(1) The Minister is to cause a copy of a contributions order to be served on the State water agencies or licensed distributors to which the order applies as soon as is reasonably practicable after the order is published in the Gazette.
(1) Draft water savings action plans Each designated water user is to prepare a draft water savings action plan and submit it to the Minister for approval—
(a) if the user is a designated water user on the commencement of this section—within the period prescribed by a savings order after the commencement of this section, or (b) if the user becomes a designated water user after the commencement of this section—within the period prescribed by a savings order after the user becomes a designated water user, or (c) if an approved water savings action plan previously prepared by the user expires or is wholly revoked—within the period prescribed by a savings order after the approved action plan expires or is revoked.
(1) A savings action plan may be amended or replaced by a subsequent savings action plan prepared and approved in accordance with this Division.
(1) A designated water user or designated energy user must prepare and submit a savings action plan in accordance with the provisions of this Division. Maximum penalty—50 penalty units. (2) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that the defendant had a reasonable excuse for not preparing or submitting a savings action plan in accordance with the provisions of this Division.
(1) There is to be established in the Special Deposits Account in the Treasury a State Energy Research and Development Fund.
(1) The regulations may make provision for or with respect to—
(a) the prescribing of standards for, or the tests to be carried out in relation to, appliances that consume energy, or both, (b) the marking, labelling or tagging of appliances that consume energy, (c) without limiting paragraph (b)—
(i) the information to appear on any such mark, label or tag (including information as to any tests carried out in relation to the appliance), and (ii) the manner of making or affixing any such mark, label or tag, (d) the registration of appliances that consume energy, (e) prohibiting the fraudulent or improper use of marks, labels or tags similar to those required by the regulations or of marks, labels or tags so nearly resembling those required by the regulations as to be likely to deceive, and (f) the fees payable in relation to the registration or the labelling of appliances that consume energy.
(1) The Corporation may, by notice in writing, require any person to furnish to it such information in connection with any matter relating to its functions as may be specified in the notice. (1A) The Minister may, by notice in writing, require a water or energy service provider to furnish to the Minister such information concerning such of the following matters as may be specified in the notice—
(a) the identity of the persons or bodies to which the provider provides a water service within a water savings area, (b) the identity of the persons or bodies to which the provider provides an energy service, (c) the amount of water or energy that is provided to any such persons or bodies by the provider.
(1) The Minister may, by instrument in writing, delegate the exercise of any of the Minister’s functions under this Act or the regulations (other than this power of delegation).
(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence. (2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(Section 54)