New South Wales

Electricity Infrastructure Investment Act 2020

Executive summary of update

This update fundamentally overhauls the approval and delivery process for REZ network infrastructure projects, centralising significant authority with the infrastructure planner. The planner now assesses projects, appoints network operators, and recommends ministerial directions, a role previously held by the consumer trustee. A new framework for "access areas" is introduced, expanding the Act's scope beyond the initial renewable energy zones.

Critically, the update introduces personal liability for directors and managers for corporate failure to comply with project directions. This is coupled with a significant increase in financial penalties for such failures. Transitional provisions are in place to manage projects already in progress. These changes aim to streamline project delivery while substantially increasing compliance risks and accountability for network operators and their leadership.

Impacted parties

This update most significantly impacts infrastructure planners, network operators, the consumer trustee, and the directors and senior managers of network operator corporations.

Change Analysis

1. Overhaul of REZ Network Project Approval and Delivery Process

  • Change Description: The process for authorising and initiating REZ network infrastructure projects has been completely restructured. The infrastructure planner's role is significantly expanded, while the consumer trustee's role has been refocused.
    • The infrastructure planner is now responsible for assessing and recommending REZ projects for authorisation (Section 30**), appointing network operators to carry out those projects (Section 31A), and recommending that the Minister issue a direction to an operator (**Section 31B).
    • The consumer trustee's function is now to formally authorise (or refuse to authorise) projects based on the planner's recommendation (Section 30AA**) and to set and amend the maximum capital costs for authorised projects (**Section 31).
    • Transitional provisions in Schedule 1, Part 4 ensure that projects authorised under the previous framework are deemed to be authorised and have their operators appointed under the new framework.
  • Impact Assessment: This change centralises the technical and commercial assessment and delivery functions with the infrastructure planner (Energy Corporation), streamlining the path from concept to execution. Network operators will now engage primarily with the infrastructure planner for project appointment and direction, rather than the consumer trustee. This shift aims to accelerate project delivery but also concentrates significant power and responsibility with the infrastructure planner.
  • Affected Sections:** 30, 30AA (new), 31, 31A (new), 31B (new), 33, 36A, 38, **Schedule 1, Part 4, Clause 5 (new).

2....

The full analysis cover much more, including triggers for operational and commercial risks and opportunities.

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