Electricity Supply Industry Amendment Regulations 2012
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Electricity Supply Industry Act 1995 .
27 June 2012PETER G. UNDERWOOD
Governor
By His Excellency's Command,
BRYAN GREEN
Minister for Energy and Resources
These regulations may be cited as the Electricity Supply Industry Amendment Regulations 2012 .
These regulations take effect on the day on which section 23 of the National Energy Retail Law (Tasmania) (Consequential Amendments) Act 2012 commences.
In these regulations, the Electricity Supply Industry Regulations 2008 are referred to as the Principal Regulations.
4. Regulation 3 amended (Interpretation)
Regulation 3 of the Principal Regulations is amended by omitting the definition of electricity generating plant of historic significance .
5. Regulation 3A inserted
After regulation 3 of the Principal Regulations , the following regulation is inserted:3A. Electricity generating plants of historic significance
For the purposes of section 39 of the Act, the electricity generating plants specified in Schedule 2 are prescribed to be electricity generating plants of historic significance.
6. Regulation 4 amended (Circumstances in which licence not required)
Regulation 4(3) of the Principal Regulations is amended as follows:(a) by inserting "in the Bass Strait Islands" after "A licence authorising the retailing of electricity";(b) by omitting paragraph (ac) .
7. Regulation 6A inserted
After regulation 6 of the Principal Regulations , the following regulation is inserted:6A. Persons to whom authorised retailers, other than local area retailers, must not sell electricity
(1) For the purposes of section 43B of the Act, the class of persons who are customers in respect of premises, or a place, at which is situated a type 7 metering installation, within the meaning of the National Energy Retail Rules, is prescribed.(2) This regulation ceases to have effect on 1 July 2017.
8. Regulations 12 and 13 inserted
After regulation 11 of the Principal Regulations , the following regulations are inserted:12. Time in which energisation, or re-energisation, of premises is to occur
(1) In this regulation –distributor has the same meaning as it has in the National Energy Retail Law (Tasmania);energisation has the same meaning as it has in the National Energy Retail Law (Tasmania);re-energisation has the same meaning as it has in the National Energy Retail Law (Tasmania);relevant period, in relation to premises, means –(a) if the premises have previously been connected to the distribution network –(i) one business day, if changes to the distribution network are not required to enable the energisation of the premises to occur; or(ii) 10 business days, if changes to the distribution network are required to enable the energisation of the premises to occur; or(b) if the premises have not previously been connected to the distribution network –(i) 10 business days, if no extension of the distribution network is required to enable the energisation of the premises to occur; or(ii) 40 business days, if extension of the distribution network is required to enable the energisation of the premises to occur.(2) If a small customer becomes entitled to re-energisation of the customer's premises under Rule 121 of the National Energy Retail Rules and the retailer's request to the distributor for re-energisation of the premises is made before 4 p.m. on a business day, the distributor must re-energise the premises –(a) if practicable, on the same day; or(b) if it is not practicable to re-energise the premises on the same day, on the next business day.(3) A distributor who has made an agreement with a retailer to provide, on a particular day, energisation of a small customer's premises is to provide energisation to the premises on that day.(4) If a distributor has made an agreement with a retailer to provide energisation of a small customer's premises but the agreement does not specify a day on which the distributor is to provide energisation to the premises, the distributor is to provide energisation to the premises within the relevant period in relation to the premises after entering into the agreement.13. Regulator may impose certain requirements in relation to information
(1) The Regulator may, by notice in writing to an authorised retailer or an electricity entity, require the retailer or entity –(a) to keep, in the manner and form specified in the notice, the information specified in the notice; and(b) to provide to the Regulator copies of such information in the manner and form, and within the time, specified in the notice.(2) An authorised retailer, or an electricity entity, to which a notice under subregulation (1) is given must comply with the requirements of the notice.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 29 June 2012
These regulations are administered in the Department of Infrastructure, Energy and Resources.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations amend the Electricity Supply Industry Regulations 2008 consequential to amendments made by the National Energy Retail Law (Tasmania) (Consequential Amendments) Act 2012 and so as to specify how quickly electricity providers are to enable electricity to flow, on request, to premises.