New South Wales

Electricity Supply Act 1995

Executive summary of update

This legislative update introduces significant new regulatory frameworks and expands existing powers to enhance electricity supply security, promote renewable energy, and improve network operations. Key changes include the establishment of three new energy security safeguard schemes (Energy Savings, Peak Demand Reduction, and Renewable Fuel) with associated targets, certificates, and penalties. It also grants the Minister and Tribunal enhanced powers for emergency management, cyber security, and licence enforcement, alongside new obligations for network operators regarding bush fire prevention, excavation safety, and strategic infrastructure development. The most significant practical consequence is the introduction of complex new compliance obligations and financial incentives for energy market participants across multiple environmental and security objectives.

Impacted parties

This update significantly impacts electricity retailers, distributors, transmission operators, market customers, accredited service providers, and persons involved in excavation work or renewable fuel production.

Change Analysis

1. New Energy Security and Environmental Schemes

The update introduces three major new regulatory schemes under Part 8A (Reduction of greenhouse gas emissions) and Part 8B (Energy security safeguard), which includes Schedule 4A (Energy savings scheme, Peak demand reduction scheme, Renewable fuel scheme).

  • Part 8A establishes greenhouse gas benchmarks for retailers and other electricity suppliers/consumers, requiring compliance through abatement certificates or incurring penalties. This is a comprehensive framework for reducing emissions from electricity.
  • Schedule 4A introduces three distinct schemes:
  • Part 1 Energy savings scheme: Creates financial incentives for reducing energy consumption, with individual targets, energy savings certificates, and penalties for shortfalls. It includes provisions for exemptions (e.g., for green hydrogen) and a civil penalty regime.
  • Part 2 Peak demand reduction scheme: Aims to reduce peak electricity demand through financial incentives for creating peak demand reduction capacity, with individual targets, certificates, and penalties. It also includes exemptions and a civil penalty regime.
  • Part 3 Renewable fuel scheme: Commencing 1 January 2027, this scheme creates financial incentives to increase green hydrogen and other renewable fuel production, with individual targets, certificates, and penalties. It also includes exemptions and a civil penalty regime.

2....

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

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