Queensland: Electricity Act 1994 (Qld)

Electricity Act 1994 An Act about the electricity industry and use of electricity, and for related purposes Chapter 1 Preliminary Part 1 Introductory provisions 1 Short title This Act may be cited as the Electricity Act 1994. Part 2 Objects of Act 3 Objects of Act The objects of this Act are to— (a) set a framework for all electricity industry participants that promotes efficient, economical and environmentally sound electricity supply and use; and (b) regulate the electricity industry and electricity use; and (c) establish a competitive electricity market in line with the national electricity industry reform process; and (d) ensure that the interests of customers are protected; and (e) take into account national competition policy requirements. Part 3 Dictionary 4 Definitions—the dictionary The dictionary in schedule 5 defines particular words used in this Act. 4A [Repealed] Part 4 Some basic concepts of electricity industry operations 5 Electricity Electricity includes electric current, electrical energy and like or related physical qualities. 6 Transmission grid (1) A transmission grid is a system, or part of a system, of electric lines, substations and associated equipment providing connection between generation facilities and supply networks or customers not supplied through supply networks. (2) A transmission grid includes connections to other transmission grids. 7 Regional system control For the Queensland system, regional system control is— (a) maintaining the operation and performance of the transmission grid; and (b) controlling switching of transmission elements and access to them for maintenance, inspection and testing; and (c) controlling switching of parts of the supply network relevant to the integrity of the Queensland system; and (d) carrying out other functions prescribed by regulation. 8 Supply network A supply network is a system, or part of a system, of electric lines, substations and associated equipment, other than a transmission grid, for distributing electricity to customers, whether or not generating plant is connected to it. 9 Network control For a supply network, network control is— (a) coordinating the operation of the supply network and any generators connected to it; or (b) coordinating maintenance programs and schedules for generating plant and elements of the supply network; or (c) ensuring the integrity of the supply network; or (d) controlling switching of elements of the supply network and access to them, including disconnection of load, for maintenance, inspection and testing; or (e) issuing directions for, and implementing reductions in, demand of customers supplied by the supply network in emergencies when available electricity is limited; or (f) scheduling and controlling the switching of controllable load. 10 Network services Network services are services for electricity transfer provided by transmission entities and distribution entities to persons connected to a transmission grid or supply network. Examples of network services— 1 providing electricity transfer capacity 2 controlling and regulating the characteristics of electricity being transferred 3 providing facilities to connect works of generation entities, transmission entities, distribution entities, or electrical installations of customers, to a transmission grid or supply network 11 Ancillary services Ancillary services are services provided by electricity entities or customers through the operation of their works or installations in ways that are not directly related to the generation and supply of electricity, but are to ensure the stable and secure operation of an electricity system, and its recovery from emergency situations. Examples of ancillary services— 1 providing reserve to the system, including through interruptibility of load 2 operating generating and other plant to ensure the stable and secure operation of the system 3 maintaining an ability to restore supply to the system after total failure of supply 12 Works, substations and operating works (1) Works are anything used for, or in association with, the generation, transmission or supply of electricity. Example of works— electric lines and associated equipment, apparatus, electrical equipment, buildings, control cables, engines, fittings, lamps, machinery, meters, substations and transformers if they are used for, or in association with, the generation, transmission or supply of, electricity (2) A substation is works used for converting, transforming or controlling electricity. (3) Operating works are— (a) for a generation entity—the generating plant (including battery storage devices), fuel stocks, electrical and other property (including reactive power compensation devices) used for generating electricity or connecting supply to a transmission grid or supply network; or (b) for a transmission entity—the transmission grid and other property (including battery storage devices and reactive power compensation devices) used for operating or managing the transmission grid; or (c) for a distribution entity—the supply network and other property (including battery storage devices and reactive power compensation devices) used for operating or managing the supply network. Example of other property used for generating electricity— coal handling facilities for a coal-fired power station and the land where they are situated (4) In this section— battery storage device— (a) means plant that— (i) converts electricity into stored chemical energy; and (ii) releases stored chemical energy as electricity; and Examples— • an electrochemical battery, including a lithium-ion battery and a vanadium redox flow battery • a solid-state battery, including a lithium-metal battery (b) includes any equipment necessary for the operation of the plant. reactive power compensation device means a device primarily designed to regulate reactive power in an electrical system. Example— a synchronous condenser 13 Meaning of electrical equipment (1) Electrical equipment is any apparatus, appliance, cable, conductor, fitting, insulator, material, meter or wire— (a) used for controlling, generating, supplying, transforming or transmitting electricity at a voltage greater than extra low voltage; or (b) operated by electricity at a voltage greater than extra low voltage; or (c) that is, or that forms part of, a cathodic protection system. (2) However, electrical equipment does not include any apparatus, appliance, cable, conductor, fitting, insulator, material, meter or wire forming part of a vehicle if— (a) it forms part of a unit of the vehicle that provides propulsion for the vehicle; or (b) its source of electricity is a unit of the vehicle that provides propulsion for the vehicle. Examples of things that, under subsection (2), are not electrical equipment— • the headlights of a vehicle • ignition spark plugs of a motor vehicle • the interior lighting system of a vehicle, if powered from a battery charged by the engine that drives the vehicle or by the vehicle's movement Examples of things that are not prevented by subsection (2) from being electrical equipment— • interior lighting or a socket outlet in a caravan, if the lighting or outlet is operated by a low voltage generating set or connected to low voltage supply • a refrigeration unit in a food delivery vehicle operating at low voltage from a source separate from the propulsion unit for the vehicle 14 Meaning of electrical installation (1) An electrical installation is a group of items of electrical equipment. (2) However, a group of items of electrical equipment is an electrical installation only if— (a) all the items are permanently electrically connected together; and (b) the items do not include items that are works; and (c) electricity can be supplied to the group from works or from a generating source. (3) An item of electrical equipment can be part of more than 1 electrical installation. (4) For subsection (2)(a)— (a) an item of electrical equipment connected to electricity by a plug and socket outlet is not permanently electrically connected; and (b) connection achieved through using works must not be taken into consideration for deciding whether items of electrical equipment are electrically connected. Examples of an electrical installation under this section— • the switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected for a shop in a shopping centre • the switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected for a house or residential unit • the switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected for a shopping centre. The electrical installation for the shopping centre generally includes the electrical installations for the individual shops • the switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected for a residential unit complex. The electrical installation for the residential unit complex generally includes the electrical installations for the individual residential units • the switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected within a caravan 15 Meaning of electric line (1) An electric line is a wire or conductor or associated equipment used for transmitting, transforming, or supplying electricity at a voltage greater than extra low voltage. (2) However, an electric line does not include— (a) a wire or conductor directly used in converting electricity into another form of energy; or (b) a wire or conductor within the internal structure of a building. Examples of things that are not electric lines— • a cord for connecting an air-conditioning unit, computer, lamp, television or toaster to a supply of electricity • a power or lighting circuit within a building 16 Meaning of associated equipment for electric line Associated equipment, for an electric line, means something ordinarily found in association with the electric line, especially for the purpose of protecting, insulating or supporting, or supporting the operation of, the electric line. Examples of associated equipment— • a bracket, casing, coating, covering, duct, frame, insulator, pillar, pipe, pole, tower or tube enclosing, surrounding or supporting a wire or conductor • an air break, circuit breaker, switch, transformer or other apparatus connected to a wire or conductor 16A Meaning of meter A meter is a device, including any associated equipment, used for measuring electricity. 17 Voltage (1) Voltage is the difference in electrical potential measured in volts. (2) For alternating current systems, voltage is taken to be the root mean square (RMS) value of the difference. (3) Unless otherwise provided, voltage is the nominal voltage between phases of a symmetrical 3-phase system. (4) For electricity supplied from a single wire earth return system originating from a symmetrical 3-phase system, voltage is the nominal voltage between phase and earth. Part 5 Operation of Act 18 Application of Act to government entities (1) In this section— government entity includes— (a) the State, the Commonwealth or another State; or (b) an instrumentality or agent of the State, the Commonwealth or another State. (2) This Act binds a government entity only— (a) to the extent that the entity is, or has a financial interest in, an electricity entity; or (b) to the extent that the entity is a customer; or (c) in relation to electricity restriction and rationing; or (d) in relation to sections 287 and 287A. 18A Declaration for Commonwealth Act The following are declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth)— (a) a distribution authority; (b) a generation authority; (c) a special approval; (d) a transmission authority. 19 Act subject to certain laws (1) This Act is subject to the Gladstone Power Station Agreement Act 1993. (2) This Act is also subject to the Wet Tropics World Heritage Protection and Management Act 1993, section 56. Note— The Wet Tropics World Heritage Protection and Management Act 1993, section 56 prohibits certain acts (for example, destruction of forest products) without an appropriate authority. Part 6 Exemptions from Act Division 1 On-suppliers Subdivision 1 Preliminary 20 Definitions for div 1 In this division— on-supplier means a person who— (a) is the owner or occupier of premises or has the right to use premises; and (b) supplies electricity for use in the premises. Examples of persons under paragraph (a)— • an owner, occupier or a person who has a right to use a caravan park, exhibition centre, hostel, hotel, industrial park, lodging house, marina, market arcade, motel or shopping centre • a relevant body corporate on-supplier's premises, for a person who is an on-supplier, means the premises for which the person is an on-supplier. receiver means a person who owns, occupies or has the right to use premises and to whom electricity is supplied by an on-supplier for the premises. Subdivision 2 Exemptions 20A Exemptions for on-suppliers If an on-supplier complies with subdivisions 5 and 7, the on-supplier is exempted from section 88A. Subdivision 3 [Repealed] 20B [Repealed] 20C [Repealed] Subdivision 4 [Repealed] 20D [Repealed] 20E [Repealed] 20F [Repealed] 20G [Repealed] Subdivision 5 Individual metering 20H Individual metering option (1) A receiver may, at any time— (a) elect, by written notice given to the relevant on-supplier, to have the receiver's consumption of electricity supplied from the on-supplier measured by a meter; and (b) have the meter installed, at the receiver's expense. (2) However, the election has effect only if the installation is done in a way— (a) that complies with any reasonable written directions the on-supplier gives the receiver within 5 business days after the giving of the notice; or (b) if no written directions are given within the 5 business days—that is reasonable. (3) In deciding what is reasonable for subsection (2), regard must be had to the interests of the on-supplier and anyone who is an occupier of the on-supplier's premises. 20I Compensation for installation damage (1) This section applies if— (a) a receiver has, under section 20H, given an on-supplier a written notice of election; and (b) the receiver installs a meter for electricity supplied from the on-supplier to the receiver; and (c) either— (i) no written direction was given by the on-supplier under section 20H; or (ii) the installation was done in a way that does not comply with the on-supplier's reasonable written directions under that section; or (iii) the installation was not done in a way that is reasonable; and (d) a person as follows (the claimant) suffers damage to property because of the installation— (i) the on-supplier; (ii) anyone who is an occupier of the on-supplier's premises. (2) Compensation for the damage is payable by the receiver to the claimant. (3) The compensation may be claimed and recovered in a proceeding brought in a court of competent jurisdiction. (4) A court may order payment of the compensation only if it is just to make the order in the circumstances of the particular case. (5) In making the order the court must have regard to— (a) whether it was reasonable for the claimant to give the receiver an opportunity to fix the damage; and (b) if paragraph (a) applies—whether the receiver was given a reasonable period to fix the damage. (6) This section does not limit a civil right or remedy that exists apart from this section, whether at common law or otherwise. 20J [Repealed] Subdivision 6 [Repealed] 20K [Repealed] 20L [Repealed] 20M [Repealed] 20N [Repealed] Subdivision 7 On-suppliers who operate a private network 20O National Electricity Rules exemption required An on-supplier must be exempt from the requirement under the National Electricity Rules, clause 2.5, to be registered as a network service provider if the on-supplier— (a) operates a supply network located solely within the on-supplier's premises; and (b) supplies electricity using the network. Division 2 Other exemptions 20P Exemption for connection of generating plant not supplying electricity to transmission grid or supply network Section 87 does not apply to the connection of a stand-by generating plant to a transmission grid or supply network if— (a) the connection is only when the operation of the plant is tested; and (b) electricity is not supplied by the plant into the grid or network. 20Q Exemptions for rail government entities, railway managers and their related bodies corporate (1) A rail government entity is exempted from section 88A in relation to the supply of electricity to Airtrain Citylink Limited ACN 066 543 315 for electricity used— (a) in connection with the building or use of electrical installations and other works by Airtrain Citylink Limited, as part of a system of electric traction or for signalling purposes, on the Brisbane Airport Rail Link; or (b) for powering electric rolling stock and railway signals on the Brisbane Airport Rail Link. (2) The railway manager that operates the nominated network and related bodies corporate of that railway manager are exempted from section 88A in relation to the supply of electricity to a third party access holder for electricity used by the third party access holder— (a) in connection with the building or use of electrical installations and other works, as part of a system of electric traction or for signalling purposes, on the nominated network or connected to the nominated network; or (b) for powering electric rolling stock and railway signals on the nominated network or rail transport infrastructure owned by the third party access holder and connected to the network. (3) Subsection (4) applies if electricity is— (a) supplied— (i) by a rail government entity to a relevant railway manager; or (ii) by a relevant railway manager to a rail government entity; and (b) used— (i) in connection with the building or use of electrical installations and other works, as part of a system of electric traction or for signalling purposes, on rail transport infrastructure or connected to the rail transport infrastructure; or (ii) for powering electric rolling stock and railway signals on rail transport infrastructure. (4) Each of the following is exempted from section 88A in relation to the supply of the electricity— (a) the rail government entity mentioned in subsection (3)(a)(i); (b) the relevant railway manager mentioned in subsection (3)(a)(ii). (5) In this section— Airtrain Citylink Limited includes its successors and assigns. Brisbane Airport Rail Link means the proposed railway shown on CMPS&F Pty Limited drawing no. RQ0159-C029(F)— (a) starting at a point 0.313km from the north coast rail line (defined on the drawing as the ownership transfer point); and (b) finishing at the domestic terminal of Brisbane Airport. Editor's note— A copy of the drawing is available for inspection at the offices of the Department of Transport and Main Roads, Level 12, Capital Hill Building, 85 George Street, Brisbane. rail government entity see the Transport Infrastructure Act 1994, schedule 6. railway manager see the Transport Infrastructure Act 1994, schedule 6. related body corporate has the meaning given in the Corporations Act. relevant railway manager, in relation to a rail government entity, means— (a) a railway manager that operates rail transport infrastructure that is directly connected to rail transport infrastructure operated by the rail government entity; or (b) a related body corporate of a railway manager mentioned in paragraph (a). Note— A relevant railway manager may be a rail government entity. third party access holder means a person who, under an arrangement with a railway manager or a related body corporate of the railway manager, is entitled to access and use a nominated part of its rail transport infrastructure (the nominated network). 20QA Exemptions for light rail franchisee and light rail manager (1) A light rail franchisee for a light rail franchise agreement, or a light rail manager for a light rail, is exempted from section 88A in relation to the supply of electricity used— (a) in connection with the building or use of electrical installations and other works required under a light rail franchise agreement; or (b) for powering rolling stock and railway signals for a light rail. (2) In this section— light rail franchisee means a franchisee for a light rail franchise agreement under the Transport Infrastructure Act 1994, schedule 6. 20R Regulation may exempt person or thing from Act (1) If the Governor in Council considers it necessary because of an emergency or other extraordinary circumstances, a regulation may— (a) exempt a person or thing from this Act or a provision of this Act; and (b) impose conditions on the exemption; and (c) provide that the exemption ceases or continues if a condition of the exemption is contravened. (2) The regulation expires 6 months after it commences, unless it is earlier repealed. (3) A person must not contravene a condition of an exemption applying to the person. Maximum penalty for subsection (3)—50 penalty units. Chapter 2 The electricity industry Part 1 Electricity industry and entities 21 Electricity industry The electricity industry is the industry involved in generating, transmitting, supplying and selling electricity in the State. 22 Electricity entities (1) An electricity entity is an entity that is a participant in the electricity industry. (2) The following entities are the participants in the electricity industry— (a) generation entities; (b) transmission entities; (c) distribution entities. Part 2 Customers 23 Customers and their types (1) A customer is a person who is a customer under the NERL (Qld), section 5(1). (2) A large customer is a person who is a large customer under the NERL (Qld), section 5(3). (3) A small customer is a person who is a small customer under the NERL (Qld), section 5(2). (4) An excluded customer is a small customer whose premises are connected, or to be connected, to a distribution entity's supply network that is not connected to the national grid. 23A [Repealed] 24 Customers authorised to take electricity from transmission grid or supply network If an electricity entity may provide electricity from a transmission grid or supply network to a customer, the customer is taken to be authorised to take electricity from the grid or network. Part 3 Generation entities and their authorities 25 Generation entities A generation entity is a person who holds a generation authority. 26 Generation authorities (1) A generation authority authorises its holder to connect the generating plant stated in the authority to the transmission grid or supply network stated in the authority. (2) However, a generation authority does not relieve its holder or anyone else from complying with laws applying to the development, building, operation or maintenance of generating plant. 27 Conditions of generation authority A generation authority is subject to the following conditions— (a) the generation entity must provide electricity of a quality suitable for the transmission grid or supply network stated in the authority; (b) the generation entity must comply with— (i) the technical conditions of connection to a transmission grid or supply network stated in the authority or prescribed under the regulations; and (ii) if the entity is a Registered participant—the National Electricity Rules; and (iii) if the entity is connected to the Queensland system—the National Electricity (Queensland) Law, the National Electricity Rules and directions given to it under this Act, the National Electricity (Queensland) Law or the National Electricity Rules; and (iv) conditions imposed under the regulations; and (v) the condition stated in section 28; and (vi) conditions stated in the authority; (c) the generation entity must properly take into account the environmental effects of its activities under the authority; (d) the generation entity must pay the amounts required under the authority or the regulations for administering the authority and its conditions. 28 Additional condition to comply with protocols, standards and codes It is also a condition of a generation authority that the generation entity must comply with all protocols, standards and codes applying to the entity under this Act. Part 4 Transmission entities and their authorities 29 Transmission entities A transmission entity is a person who holds a transmission authority. 30 Transmission authorities (1) A transmission authority authorises its holder— (a) to operate the transmission grid stated in the authority; and (b) if stated in the authority—to connect the transmission grid to another transmission grid stated in the authority. (2) However, a transmission authority does not relieve its holder or anyone else from complying with laws applying to the development, building, operation or maintenance of a transmission grid. 31 Conditions of transmission authority (1) A transmission authority is subject to the following conditions— (a) the transmission entity must comply with— (i) the technical conditions of operating the transmission grid stated in the authority or prescribed under the regulations; and (ii) if the entity is a Registered participant—the National Electricity (Queensland) Law, the National Electricity Rules and directions given to it under this Act, the National Electricity (Queensland) Law or the National Electricity Rules; and (iii) the conditions stated in sections 32, 33, 34, 35 and 36; and (iv) conditions imposed under the regulations; and (v) conditions stated in the authority; (b) the transmission entity must properly take into account the environmental effects of its activities under the authority; (c) the transmission entity must pay the amounts required under the authority or the regulations for administering the authority and its conditions; (d) if the transmission entity is a regulated transmission system operator—the entity must also pay an annual fee that is a proportion of the cost of the State's funding commitments to national energy market regulation. (2) The fee mentioned in subsection (1)(d) for a transmission entity is calculated based on the length of the electric lines making up the transmission grid operated by the entity. (3) In this section— AEMC has the meaning given in the National Electricity (Queensland) Law. national energy market regulation means the functions and powers of the AEMC under the National Electricity (Queensland) Law, section 29. regulated transmission system operator has the meaning given in the National Electricity (Queensland) Law. 32 Additional condition to allow connection to grid by complying persons (1) It is also a condition of a transmission authority that the transmission entity must allow, as far as technically and economically practicable, a person to connect supply to a transmission grid stated in the authority, or take electricity from the grid, on fair and reasonable terms if the conditions stated in subsection (2) are satisfied. (2) The conditions to be satisfied are as follows— (a) the person must be authorised under this Act to connect supply or take electricity from the transmission grid; (b) the grid must be capable of being used safely to connect supply or take electricity as proposed by the person; (c) the person must have complied with all provisions of the regulations relevant to connecting supply to, or taking electricity from, the grid; (d) the person must pay the reasonable cost of connection to the grid. (3) In deciding whether the condition mentioned in subsection (2)(b) is satisfied, all relevant matters must be considered, including, for example— (a) the transmission entity's current obligations; and (b) the current obligations of other persons connected directly or indirectly to the transmission grid; and (c) the grid's capacity. 33 Additional condition not to buy and sell electricity (1) It is also a condition of a transmission authority held by a transmission entity that operates a regulated transmission grid that the transmission entity must not buy or sell electricity directly or indirectly. (2) Subsection (1) does not apply to generating, buying or selling electricity— (a) necessary to operate the transmission entity's transmission grid or for a purpose associated with the planning, design, construction, maintenance or operation of the transmission grid; or (b) for the entity's administrative purposes. (3) In this section— regulated transmission grid means a transmission grid that is subject to the regulatory arrangements for transmission service pricing under the National Electricity Rules, chapter 6. 34 Additional conditions about grid operation etc. (1) In addition, a transmission authority is subject to the following conditions— (a) the transmission entity must operate, maintain (including repair and replace if necessary) and protect its transmission grid to ensure the adequate, economic, reliable and safe transmission of electricity; (b) the transmission entity must operate the grid in coordination with transmission grids to which it is connected directly or indirectly. (2) Unless otherwise provided in its authority, it is also a condition of the transmission authority that the transmission entity must ensure, as far as technically and economically practicable, that the transmission grid is operated with enough capacity (and, if necessary, augmented or extended to provide enough capacity) to provide network services to persons authorised to connect to the grid or take electricity from the grid. 35 Additional condition to provide network services It is also a condition of a transmission authority that the transmission entity must provide, as far as technically and economically practicable for the transmission entity, network services on fair and reasonable terms, for persons authorised to connect supply of electricity to the transmission grid or take electricity from the grid. 36 Additional condition to comply with protocols, standards and codes It is also a condition of a transmission authority that the transmission entity must comply with all protocols, standards and codes applying to the entity under this Act. 36A Responsibility for regional system control (1) A transmission entity is responsible for regional system control of its transmission grid. (2) However, a transmission entity is subject to directions given to it under the National Electricity (Queensland) Law or the National Electricity Rules. Part 5 Distribution entities and their authorities Division 1 Preliminary 37 Distribution entities A distribution entity is a person who holds a distribution authority. 38 Distribution authorities A distribution authority authorises its holder to supply electricity using a supply network within its distribution area. 39 Distribution area of distribution entity A distribution entity's distribution area is the area stated in its authority as its distribution area. Division 2 [Repealed] 40 [Repealed] 40AA [Repealed] 40A [Repealed] 40B [Repealed] 40BA [Repealed] 40C [Repealed] 40D [Repealed] Division 3 [Repealed] Subdivision 1 [Repealed] 40DA [Repealed] Subdivision 2 [Repealed] 40DB [Repealed] Subdivision 3 [Repealed] 40DC [Repealed] 40DD [Repealed] 40DE [Repealed] 40DF [Repealed] Division 4 Customers' premises outside of distribution area 40E [Repealed] 40F [Repealed] 40G [Repealed] 40H [Repealed] 41 Connection and supply of electricity outside distribution area (1) A distribution entity may, if a customer's premises are outside the distribution entity's distribution area— (a) connect the premises to the entity's supply network; and (b) supply electricity from its supply network to the premises. (2) Subsection (1) applies only if the premises— (a) are not within another distribution entity's distribution area; or (b) if they are in another distribution entity's area— (i) but the other distribution entity claims that it is not technically and economically practicable for it to connect and supply electricity to the customer; or (ii) the other distribution entity agrees to the connection and supply. (3) However, the distribution entity may connect and supply electricity to the customer only if the connection and supply is not likely to impair its capacity to fulfil its obligation to connect and supply in its own distribution area. Division 5 Conditions of distribution authorities 42 Conditions of distribution authority A distribution authority is subject to the following conditions— (a) the distribution entity must comply with— (i) if the entity is a Registered participant—the National Electricity (Queensland) Law, the National Electricity Rules and directions given to it under this Act, the National Electricity (Queensland) Law or the National Electricity Rules; and (ii) the conditions stated in sections 43, 44, 44A and 45; and (iii) conditions imposed under the regulations; and (iv) conditions stated in the authority; (b) the entity must comply with the NERL (Qld), the National Energy Retail Rules and all directions given to it under the NERL (Qld) or the National Energy Retail Rules; (c) the entity must operate, maintain (including repair and replace as necessary) and protect its supply network to ensure the adequate, economic, reliable and safe connection and supply of electricity to its customers; (d) the entity must properly take into account the environmental effects of its activities; (e) the entity must consider both demand side and supply side options to provide, as far as technically and economically practicable, for the efficient supply of electrical energy; (f) the entity must pay the amounts required under the authority or regulations for administering the authority and its conditions; (g) the entity must pay any amount that, under the Energy and Water Ombudsman Act 2006, it must pay the energy and water ombudsman. 43 Additional condition to allow connection to supply network by complying persons (1) It is also a condition of a distribution authority that the distribution entity must allow, as far as technically and economically practicable for the distribution entity, a person to connect supply to its supply network, or take electricity from its supply network, on fair and reasonable terms, if the conditions stated in subsection (2) are satisfied. (2) The conditions to be satisfied are as follows— (a) the person must be a generation entity, a transmission entity or a distribution entity; (b) the supply network must be capable of being safely used to connect supply or take electricity as proposed by the person; (c) the person must have complied with all provisions of the regulations relevant to connecting supply to, or taking electricity from, the network; (d) the person must pay the reasonable cost of connection to the network. (3) In deciding whether the condition mentioned in subsection (2)(b) is satisfied, all relevant matters must be considered, including, for example— (a) the distribution entity's current obligations and its expected future obligations; and (b) the current obligations of other persons connected directly or indirectly to the network; and (c) the network's capacity. 44 Additional condition to provide network services In addition, it is a condition of a distribution authority that the entity must provide, as far as technically and economically practicable, network services, on fair and reasonable terms, for persons authorised to connect supply of electricity to the network or take electricity from the network. 44A Additional condition to allow credit for electricity produced by small photovoltaic generators (1) It is also a condition of a distribution authority that the distribution entity— (a) allow, as far as technically and economically practicable, a qualifying customer for premises to connect 1 qualifying generator at the premises to its supply network; and (b) credit against the charges payable by a qualifying customer, for customer connection services provided to the qualifying customer in a relevant supply period, the amount for each kilowatt hour prescribed under a regulation (a prescribed credit amount) for electricity that is, at any instant in the relevant supply period— (i) being produced by the qualifying generator when connected to the distribution entity's supply network; and (ii) being supplied to the network; and (iii) in excess of the amount of electricity being used by the qualifying customer, not including electricity supplied through a circuit controlled by the distribution entity; and Example of a circuit controlled by the distribution entity— a remotely switched circuit used for off-peak supply of hot water (c) give the regulator a report, for each prescribed credit amount, within 28 days after 30 June and 31 December each year, stating the following— (i) the number of qualifying customers who have connected a qualifying generator to the network under paragraph (a) in the previous 6 months; (ii) the number of qualifying customers who, at the end of the previous 6 months, had a qualifying generator connected to the network; (iii) the number of qualifying customers who stopped being credited with a prescribed credit amount under paragraph (b) in the previous 6 months; (iv) the number of qualifying customers who, at the end of the previous 6 months, had stopped being credited with a prescribed credit amount under paragraph (b); (v) for each retailer—the total amount of credit given by the distribution entity to the retailer in relation to qualifying customers receiving credit under paragraph (b) in the previous 6 months; (vi) the amount of electricity supplied to the network in the previous 6 months for which credit was given under paragraph (b); (vii) the total generation capacity of all qualifying generators connected to the network. (1A) However, the condition mentioned in subsection (1)(b) stops applying in relation to a qualifying customer if— (a) the maximum output of the component of the customer's qualifying generator that generates electricity exceeds, in aggregate, the approved total rated inverter capacity of the generator; or (b) the customer installs an electricity storage device, as part of the electrical installation supplied by the customer's qualifying generator, in a way that enables the device to supply electricity to— (i) the electrical installation at the same time as the qualifying generator, other than during a supply interruption; or (ii) the distribution entity's supply network; or (c) the customer installs 1 or more generators (each an additional generator) as part of the electrical installation supplied by the customer's qualifying generator in a way that enables the additional generator to supply electricity to— (i) the electrical installation at the same time as the qualifying generator, other than during a supply interruption; or (ii) the distribution entity's supply network. (1B) If, because of the operation of subsection (1A), a qualifying customer stops being entitled to be credited with a prescribed credit amount under subsection (1)(b), that subsection no longer applies to the distribution entity in relation to that customer. (2) A regulation may prescribe— (a) the circumstances in which a category of qualifying customer is entitled, or stops being entitled, to be credited with a prescribed credit amount under subsection (1)(b) for the category of qualifying customer; and (b) the day, not later than 1 July 2028, at the end of which subsection (1)(b) stops applying, in any event, for a particular category of qualifying customer. (3) If a category of qualifying customer becomes entitled to be credited with a prescribed credit amount under subsection (2)(a), the distribution authority is subject to the condition mentioned in subsection (1)(b). (4) If a category of qualifying customer stops being entitled to be credited with a prescribed credit amount under subsection (2)(a), the condition, under subsection (1)(b), of the distribution authority about crediting a prescribed credit amount also stops to the extent the prescribed credit amount is for the category. (5) This section expires on 1 July 2028. (6) In this section— approved total rated inverter capacity, of a customer's qualifying generator, means the total rated inverter capacity of the generator approved by the distribution entity for the purposes of complying with the condition mentioned in subsection (1)(b). electricity storage device means a device capable of storing energy and releasing the energy as electricity. supply interruption means an interruption in the supply, by a distribution entity through the entity's supply network, of electricity to a qualifying customer's electrical installation. 45 Additional condition to comply with protocols, standards and codes It is also a condition of a distribution authority that the distribution entity must comply with all protocols, standards and codes applying to the entity under this Act. 45A Responsibility for network control (1) A distribution entity is responsible for network control of its supply network. (2) However, a distribution entity is subject to directions given to it under the National Electricity (Queensland) Law or the National Electricity Rules. Part 6 Retailers Note— For matters relating to retailers, generally, see the NERL (Qld). 46 [Repealed] 47 [Repealed] 48 [Repealed] 48A [Repealed] 48B [Repealed] 48C [Repealed] 48D [Repealed] 48E [Repealed] 48F [Repealed] 48G [Repealed] 48H [Repealed] 48I [Repealed] 49 [Repealed] 49A [Repealed] 50 [Repealed] 51 [Repealed] 51A [Repealed] 51AA [Repealed] 52 [Repealed] 52A [Repealed] 53 [Repealed] 54 [Repealed] 55 [Repealed] 55A [Repealed] 55B [Repealed] 55C [Repealed] 55CA [Repealed] 55D [Repealed] 55DA Retailer must enter into community services agreement (1) A retailer must not provide a customer retail service unless the retailer— (a) enters into an agreement with the State to provide, for at least 5 years, the community services— (i) agreed between the State and the retailer; or (ii) failing agreement, as decided by the Minister; and Examples of community services— pensioner rebate and drought relief schemes for customer retail services (b) complies with the agreement. (2) In making a decision under subsection (1)(a)(ii), the Minister must have regard to the retailer's reasonable administration costs and other risks in providing the community services. 55DB Electricity produced by qualifying generator (1) A retailer must— (a) reduce the amount payable by a qualifying customer (the amount due), for electricity supplied to the qualifying customer in a relevant supply period, by the amount of any credit (owed credit) given by a distribution entity in relation to the qualifying customer for the relevant supply period under section 44A(1)(b); and (b) if the owed credit is more than the amount due for the relevant supply period (the first period)— (i) reduce the amount due for a subsequent relevant supply period by the unused amount of the owed credit; and (ii) if, after the end of 12 months after the end of the first period, an amount of the owed credit has not been used under subparagraph (i)—pay the qualifying customer an amount representing the amount of owed credit that has not been used; and (c) give the qualifying customer the following information for each relevant supply period— (i) the amount of electricity supplied by the qualifying customer to the distribution entity's network for which credit was given under section 44A(1)(b); (ii) the amount to be credited to the qualifying customer under section 44A(1)(b); and (d) give the regulator a report, for each prescribed credit amount, within 28 days after 30 June and 31 December each year, stating— (i) the number of qualifying customers receiving credit under section 44A(1)(b) in the previous 6 month period; and (ii) the amount credited to qualifying customers under section 44A(1)(b) in the previous 6 month period. (2) This section expires on 1 July 2028. 55DBA Electricity produced by small photovoltaic generator (1) This section applies if— (a) a prescribed retailer provides customer retail services to a relevant qualifying customer's premises; and (b) the relevant qualifying customer is not entitled to receive an amount for electricity mentioned in section 44A(1)(b) in relation to the premises. Note— A relevant qualifying customer may be entitled to receive an amount for electricity mentioned in section 44A(1)(b) in relation to the premises under section 44A as it continues to apply under section 328. (2) The prescribed retailer must— (a) reduce the charges payable by the customer, for electricity supplied to the customer in the relevant supply period, by the feed-in tariff amount; and (b) if the feed-in tariff amount is more than the charges payable for the relevant supply period (the first period)— (i) reduce the charges payable for a subsequent relevant supply period by the unused amount of the feed-in tariff amount; and (ii) if, after the end of 12 months after the end of the first period, an amount of the feed-in tariff amount has not been used under subparagraph (i)—pay the customer the unused amount of the feed-in tariff amount; and (c) give the customer the following information for each relevant supply period— (i) the amount of electricity supplied by the customer to the supply network; (ii) the feed-in tariff amount. (3) In this section— feed-in tariff amount means the amount worked out by multiplying the feed-in tariff decided under chapter 4, part 2A by the number of kilowatt hours of electricity that is, at any instant in the relevant supply period— (a) produced by 1 small photovoltaic generator connected at the relevant qualifying customer's premises to a supply network; and (b) supplied to the network. 55DC [Repealed] 55E [Repealed] 55F [Repealed] 55GA [Repealed] 55G [Repealed] Part 6A Coordination agreements between distribution and retail entities 55H Negotiation of coordination agreement (1) A distribution entity and a retailer may enter into a written agreement about protocols under which they agree to help each other perform their functions under— (a) this Act or another Act or law relating to electricity that applies in the State; or (b) a procedure or protocol made under an Act or law mentioned in paragraph (a). (2) The agreement may be different from the coordination agreement provided for under a distribution network code. 55I Standard coordination agreement (1) This section applies if— (a) a distribution entity and a retailer have common customers; and (b) an agreement under section 55H is not in force between the entities. (2) The entity and retailer are taken to have entered into an agreement on the terms of the standard coordination agreement provided for under a distribution network code. (3) The entity and retailer are taken to have agreed to comply with the terms and to have entered into the agreement as a deed. Part 7 Special approval holders and their approvals 56 Purpose of special approvals The purpose of special approvals is to enable, in special circumstances, electricity entities and other persons to perform activities, normally authorised by a generation, transmission or distribution authority, without the authority. 57 Special approval holders A special approval holder is a person who has a special approval. 58 Special approvals A special approval authorises its holder to do anything stated in the approval that a generation entity, transmission entity or distribution entity may do under this Act. 59 Authorisation given by special approval (1) A special approval authorises its holder to do the things stated in the approval, even though the things would otherwise require the holder to be the holder of a generation, transmission or distribution authority to do the things. (2) Despite subsection (1), a special approval does not make the holder an electricity entity, unless a regulation provides that the holder is to be treated as an electricity entity. (3) However, for things authorised by the special approval, the special approval holder is taken to be a person who has the relevant authority and the special approval is taken to be the relevant authority. Examples— 1 If a special approval authorises the holder to connect generating plant to a transmission grid or supply network, the holder is taken, for that activity, to be the holder of a generation authority. 2 If a special approval authorises the holder to operate a transmission grid, the holder is taken, for that activity, to be the holder of a transmission authority. (4) The approval does not relieve the holder or anyone else from complying with laws relevant to the doing of the things authorised by the approval. 60 Conditions of special approval (1) A special approval is subject to the following conditions— (a) the holder must comply with— (i) if the holder is a Registered participant—the National Electricity Rules; and (ii) if connected to the Queensland system or a Registered participant—the National Electricity (Queensland) Law, the National Electricity Rules and directions given to it under this Act, the National Electricity (Queensland) Law or the National Electricity Rules; and (iii) the condition stated in section 61 or 61B; and (iv) conditions imposed under the regulations; and (v) if the approval is given by the regulator—conditions stated in the approval; (b) the holder must pay amounts required under the approval or the regulations for administering the approval and its conditions; (c) the holder must pay any amount that, under the Energy and Water Ombudsman Act 2006, the holder must pay the energy and water ombudsman. (2) In this section— special approval means a special approval given under a regulation or by the regulator. 61 Additional condition to comply with protocols, standards and codes It is also a condition of a special approval that the holder must comply with all protocols, standards and codes applying to the holder under this Act. 61A [Repealed] 61B Additional condition for electricity produced by photovoltaic generators (1) Subsection (2) applies to a special approval holder prescribed under a regulation. (2) It is a condition of the special approval that the holder must comply with section 44A. Part 8 Regulator 62 Regulator The chief executive of the department is the regulator. 63 Functions (1) The regulator's functions are— (a) to ensure only suitable persons are electricity entities; and (b) to assist in the settlement of disputes arising under chapter 4, part 6, between electricity entities and between electricity entities and public entities; and (c) to monitor compliance with the conditions of approvals, authorities and licences under this Act; and (d) to perform other functions given to the regulator under this Act or another Act. (2) In performing the regulator's functions, the regulator must consider the objects of the Act. 64 Delegation (1) The regulator may delegate a power of the regulator to a public service employee or an employee of an electricity entity if satisfied the person has the expertise and experience necessary to exercise properly the power. (2) A regulation may provide that a particular power of the regulator— (a) may not be delegated; or (b) may be delegated only to a particular person. 64A Review of feed-in tariff provisions Within 5 years after the commencement of this section, the regulator must review the operation of section 55DBA and chapter 4, part 2A. 64AA [Repealed] Part 9 Electricity officers 64B Definition for pt 9 In this part— electricity entity includes a retailer. 64C [Repealed] 64D [Repealed] 64E [Repealed] 64F [Repealed] 64FA [Repealed] 64FB [Repealed] 64FC [Repealed] 64FD [Repealed] 64FE [Repealed] 64G [Repealed] 64H [Repealed] 64I [Repealed] 64J [Repealed] 64K [Repealed] 64L [Repealed] 64M [Repealed] 64N [Repealed] 64O [Repealed] 64P [Repealed] 64Q [Repealed] 64R [Repealed] 64S [Repealed] 64T [Repealed] 65 Appointment (1) The chief executive officer of an electricity entity may appoint a person as an electricity officer for the entity. (2) The chief executive officer may appoint a person as an electricity officer only if— (a) the chief executive officer considers the person has the expertise or experience approved by the regulator to be an electricity officer; or (b) the person has satisfactorily finished training approved by the regulator. 66 Limitation of electricity officer's powers An electricity officer may exercise powers only— (a) in relation to the electricity entity's works; or (b) if the electricity entity supplies electricity—within its distribution area or a place where it supplies electricity; or (c) if the electricity entity sells electricity—within a place where it sells electricity. 67 Other limitation of electricity officer's powers An electricity officer's powers may be limited— (a) under the regulations; or (b) under a condition of appointment; or (c) by written notice given by the electricity entity's chief executive officer to the electricity officer. 68 Electricity officer's appointment conditions (1) An electricity officer holds office on the conditions stated in the instrument of appointment. (2) An electricity officer— (a) if the appointment provides for a term of appointment—ceases holding office at the end of the term; and (b) may resign by signed notice of resignation given to the chief executive officer concerned; and (c) if the conditions of appointment provide—ceases holding office as an electricity officer on ceasing to hold another office stated in the appointment conditions. 69 Electricity officer's identity card (1) The chief executive officer of an electricity entity must give each electricity officer for the entity an identity card. (2) The identity card must— (a) contain a recent photograph of the electricity officer; and (b) be in a form approved by the regulator; and (c) display the electricity officer's usual signature; and (d) identify the person as an electricity officer for the electricity entity. (3) A person who ceases to be an electricity officer for an electricity entity must return the person's identity card to the entity's chief executive officer within 21 days after the person ceases to be an electricity officer, unless the person has a reasonable excuse. Maximum penalty—10 penalty units. (4) This section does not prevent the giving of a single identity card to a person under this section and for other provisions, Acts or purposes. 70 Production or display of electricity officer's identity card (1) An electricity officer may exercise a power in relation to someone else only if the electricity officer— (a) first produces his or her identity card for the person's inspection; or (b) has the identity card displayed so it is clearly visible to the person. (2) However, if for any reason it is not practicable to comply with subsection (1), the electricity officer must produce the identity card for the person's inspection at the first reasonable opportunity. Part 10 [Repealed] 71 [Repealed] 72 [Repealed] 73 [Repealed] 74 [Repealed] 75 [Repealed] Part 11 [Repealed] 76 [Repealed] 77 [Repealed] 78 [Repealed] 79 [Repealed] 80 [Repealed] Part 12 [Repealed] 81 [Repealed] 81A [Repealed] Chapter 3 [Repealed] 82 [Repealed] 83 [Repealed] 84 [Repealed] 85 [Repealed] 86 [Repealed] Chapter 4 Electricity industry operations Part 1 Restriction on certain activities by unauthorised persons 87 Connection of generating plant to transmission grid or supply network only if authorised (1) A person must not connect generating plant to a transmission grid or supply network unless the person is the holder of a generation authority. Maximum penalty—5,000 penalty units. Note— If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 240A, to have also committed the offence. (2) A person who contravenes subsection (1) may not, for the period of the contravention, take part in trading arrangements or settlement processes under this Act or the National Electricity Rules or recover payment for electricity or services provided by it. 88 Prohibition on operating transmission grid unless authorised (1) A person must not operate a transmission grid unless the person is the holder of a transmission authority. Maximum penalty—5,000 penalty units. Note— If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 240A, to have also committed the offence. (2) A person who contravenes subsection (1) may not, for the period of the contravention, take part in trading arrangements or settlement processes under this Act or the National Electricity Rules or recover payment for electricity or services provided by it. 88A Prohibition on operating supply network unless authorised (1) A person must not supply electricity using a supply network unless the person is the holder of a distribution authority. Maximum penalty—5,000 penalty units. Note— If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 240A, to have also committed the offence. (2) A person who contravenes subsection (1) may not, for the period of the contravention, take part in trading arrangements or settlement processes under this Act or the National Electricity Rules or recover payment for electricity or services provided by it. 89 [Repealed] Part 2 Market operation Division 1 Preliminary 89A Definitions for pt 2 In this part— designated retail market area means— (a) an area prescribed by regulation; or (b) if no area is prescribed—the distribution area described in the schedule to the distribution authority numbered D07/98. Editor's note— At the commencement of this definition, the distribution authority was held by Energex. price determination see section 90(1). pricing entity means— (a) the Minister; or (b) QCA, if the Minister delegates a function of the Minister under section 90(1) to QCA. Division 2 Market monitoring, reporting and review in designated retail market areas 89B Market monitoring direction and report (1) The Minister may give QCA a written direction requiring QCA to monitor, and give a written report on, the operation of the retail electricity market in designated retail market areas. (2) The direction must state— (a) the period (the reporting period) for which the report is to apply; and (b) when the report is required to be given to the Minister; and (c) that the report must be published on QCA's website and when it is required to be published. (3) Without limiting subsection (1), the direction may require QCA to monitor, and report on, the prices that retailers for designated retail market areas are charging for— (a) the sale of electricity to their customers at premises in the areas; or (b) charges or fees relating to the sale of electricity mentioned in paragraph (a). (4) Also, without limiting subsection (1), the direction may require the report to include— (a) a comparison and assessment of— (i) retailers' standing offer prices and market offer prices that were available to customers at premises in designated retail market areas in the reporting period; and (ii) variations to retailers' standing offer prices and market offer prices that were available to customers at premises in designated retail market areas in the reporting period; and (b) in