Queensland: Energy (Renewable Transformation and Jobs) Act 2024 (Qld)

Energy (Renewable Transformation and Jobs) Act 2024 An Act to transform the energy sector in Queensland by facilitating the increased generation of electricity from renewable energy sources and supporting affected workers and communities Part 1 Preliminary 1 Short title This Act may be cited as the Energy (Renewable Transformation and Jobs) Act 2024. 2 Commencement This Act commences on a day to be fixed by proclamation. 3 Main purposes of Act The main purposes of this Act are— (a) to increase the amount of electricity generated in Queensland from renewable energy sources; and (b) to facilitate and support the efficient and coordinated augmentation of the national transmission grid in Queensland to accommodate the increased generation of electricity from renewable energy sources in a safe, secure, reliable and cost-effective way; and (c) to provide for support and advocacy for workers in the energy industry and communities affected by the increased generation of electricity from renewable energy sources. 4 How main purposes are primarily achieved The main purposes of this Act are to be achieved primarily by— (a) setting renewable energy targets for Queensland; and (b) providing for the identification and construction of priority transmission investments; and (c) providing for the declaration of renewable energy zones, the development and operation of transmission networks in renewable energy zones and coordinated and streamlined connection and access to transmission networks in renewable energy zones; and (d) establishing the Job Security Guarantee Fund, including for the purpose of implementing the job security guarantee; and (e) establishing the following entities— (i) the Queensland Energy System Advisory Board; (ii) the Energy Industry Council; (iii) the Queensland Renewable Energy Jobs Advocate. 5 Act binds all persons This Act binds all persons, including the State. 6 Definitions The dictionary in schedule 1 defines particular words used in this Act. 7 Meaning of optimal infrastructure pathway The optimal infrastructure pathway is— (a) the significant electricity infrastructure projects, including sequencing and timing of delivery of the projects, identified in the infrastructure blueprint under section 15(2)(a); and (b) any project that is an eligible priority transmission investment if section 20(2)(b) applies in relation to the project; and (c) any REZ transmission network for a REZ not mentioned in the infrastructure blueprint. 8 Meaning of optimal infrastructure pathway objectives The optimal infrastructure pathway objectives are the following objectives— (a) the achievement of the renewable energy targets; (b) the provision of a safe, secure and reliable supply of electricity to Queensland consumers; (c) the long-term minimisation of the cost of electricity for Queensland consumers. Part 2 Renewable energy targets 9 Renewable energy targets The renewable energy targets for Queensland are— (a) that by 2030 50% of the electricity generated in Queensland is generated from renewable energy sources; and (b) that by 2032 70% of the electricity generated in Queensland is generated from renewable energy sources; and (c) that by 2035 80% of the electricity generated in Queensland is generated from renewable energy sources. 10 Methodology for calculating electricity generated from renewable energy sources (1) The methodology for calculating the proportion of electricity generated in Queensland that is generated from renewable energy sources is the methodology decided by the Minister. (2) The Minister must— (a) table in the Legislative Assembly a document stating the methodology; and (b) publish the document on the department's website. 11 Annual progress statement (1) The Minister must table in the Legislative Assembly, by 30 September each year, the statement prepared by the board under section 94(a) for the previous financial year. (2) The Minister must publish the statement on the department's website. 12 Review of renewable energy targets (1) The Minister must review the renewable energy targets at least every 5 years after— (a) the day of the commencement; or (b) if the renewable energy targets have been reviewed—the day the report about the most recent review was tabled in the Legislative Assembly. (2) The object of the review is for the Minister to decide whether the renewable energy targets remain appropriate, having regard to— (a) the purposes of this Act; and (b) the progress made towards achieving the renewable energy targets; and (c) advice from the board; and (d) any other matter the Minister considers relevant. (3) Despite subsection (1), the Minister must, in 2030— (a) review the renewable energy targets; and (b) after finishing the review, decide whether targets for electricity generated in Queensland from renewable energy sources should be set beyond 2035. (4) The Minister must table a report about the outcome of the review in the Legislative Assembly. Part 3 Public ownership of energy assets 13 Public ownership strategy (1) The Minister must prepare a strategy (a public ownership strategy), for each reporting period, that— (a) sets out the following targets for public ownership for each class of energy assets to be achieved by 2035— (i) for generation assets—a stated percentage that is equal to or more than 54%; (ii) for transmission and distribution assets—100%; (iii) for deep storage assets—100%; and (b) describes how the State proposes to achieve and maintain, or promote the achievement and maintenance of, the targets by 2035 during the reporting period; and (c) describes how the State proposes to maintain ownership of each publicly owned coal-fired power station and publicly owned gas-fired power station in existence on the commencement. (2) The Minister must— (a) table the public ownership strategy in the Legislative Assembly— (i) for the public ownership strategy for the reporting period starting 1 July 2025—on or before 31 December 2025; and (ii) for the public ownership strategy for the reporting period starting 1 July 2030—on or before 31 December 2030; and (b) publish the public ownership strategy for each reporting period on the department's website. (3) In this section— class of energy assets means the following classes of assets in Queensland— (a) generation assets; (b) transmission and distribution assets; (c) deep storage assets. deep storage assets means assets for pumped hydro energy storage that are— (a) capable of generating at least 1,500MW for 24 hours; and (b) prescribed by regulation. generation assets means assets that constitute a generating system for which a person is registered as a generator or intermediary under the National Electricity Rules, other than the following— (a) assets that are— (i) predominantly used to generate electricity for conversion to a form of energy suitable for export; and (ii) prescribed by regulation; (b) a generating system with a nameplate rating of less than 30MW; (c) a generating system comprised of generating units with a combined nameplate rating of less than 30MW; (d) an asset used for pumped hydro energy storage, including a deep storage asset; (e) another asset that directly or indirectly uses electricity to create a stored source of energy that may later be converted by the generating system to electricity. publicly owned gas-fired power station means a natural gas-fired power station in Queensland that is owned, wholly or partly and directly or indirectly, by a GOC. public ownership, in relation to a class of energy assets, means— (a) ownership, whether wholly or partly, of assets of the class by the Commonwealth, the State or a local government; or (b) if the Commonwealth, the State or a local government directly or indirectly holds a right or interest in another entity that owns assets of the class—ownership, whether wholly or partly, of the assets by the other entity; or (c) an interest prescribed by regulation held in relation to assets of the class under an agreement or arrangement prescribed by regulation, to which the State or a GOC is a party, relating to electricity generated using the assets. reporting period means each of the following periods— (a) the period— (i) starting on 1 July 2025; and (ii) ending on 30 June 2030; (b) the period— (i) starting on 1 July 2030; and (ii) ending on 30 June 2035. transmission and distribution assets means assets that constitute the following, other than an asset excluded from this definition by regulation— (a) a transmission system that is regulated by a transmission determination; (b) a distribution system under the National Electricity (Queensland) Law that is regulated by a distribution determination under that Law; (c) the REZ transmission network for a REZ. 14 Public ownership report (1) The Minister must, for each reporting period, prepare a report about the progress made towards achieving the targets and maintaining ownership of publicly owned coal-fired power stations and publicly owned gas-fired power stations as set out in the public ownership strategy. (2) The report must— (a) state, for each class of energy assets, the percentage of public ownership of assets of the class on the last day of the reporting period; and (b) describe how the percentages are worked out. (3) The Minister must publish the report on the department's website within 3 months after the end of the reporting period to which the report relates. (4) In this section— class of energy assets see section 13(3). publicly owned gas-fired power station see section 13(3). public ownership, in relation to a class of energy assets, see section 13(3). reporting period see section 13(3). Part 4 Queensland SuperGrid Infrastructure Blueprint 15 Making and approving infrastructure blueprint (1) The Minister must make a document called the 'Queensland SuperGrid Infrastructure Blueprint' (the infrastructure blueprint). (2) The infrastructure blueprint must— (a) identify the particular significant electricity infrastructure projects, including the sequencing and timing of delivery of the projects, that each help to meet the optimal infrastructure pathway objectives; and Examples of significant electricity infrastructure projects— • priority transmission investments • REZ transmission networks for REZs • large scale energy storage (b) describe how the electricity infrastructure projects mentioned in paragraph (a) each help to meet the optimal infrastructure pathway objectives; and (c) describe any proposed changes, of which the Minister is aware, to operations of a publicly owned coal-fired power station that are intended to ultimately result in the permanent cessation of electricity generation from coal at the power station; and Examples of proposed changes for paragraph (c)— • 1 or more coal-fired generating units at the power station stops operating in periods of low demand on a seasonal basis • 1 or more coal-fired generating units at the power station is repurposed and will no longer generate electricity • the power station will no longer generate electricity and the power station, or the land on which it is located, will be used for a different purpose (d) identify parts of Queensland that are possibly suitable to be renewable energy zones; and (e) include an estimate of each of the following matters— (i) the installed renewable generation capacity that will be required to achieve the renewable energy targets; (ii) the capacity for storage of energy, in a form capable of being converted to electricity, that will be required to do both of the following— (A) achieve the renewable energy targets; (B) ensure the provision of a safe, secure and reliable supply of electricity to Queensland consumers; (iii) the capacity of infrastructure connected to transmission systems in Queensland to generate electricity on demand that will be required to do both of the following— (A) achieve the renewable energy targets; (B) ensure the provision of a safe, secure and reliable supply of electricity to Queensland consumers; (iv) the electricity to be generated in Queensland by 2035 from devices owned by Queensland consumers; and Example for subparagraph (iv)— rooftop solar panels (f) include any other matter prescribed by regulation. (3) The infrastructure blueprint may also include any other matter the Minister considers relevant to achieving— (a) the optimal infrastructure pathway objectives; or (b) the purposes of this Act. (4) However, the infrastructure blueprint must not include a description of proposed changes to operations of a publicly owned coal-fired power station mentioned in subsection (2)(c) to the extent the Minister considers— (a) the description contains information that is commercial-in-confidence; or (b) it is not in the public interest to include the description in the infrastructure blueprint. (5) The infrastructure blueprint takes effect only if it has been approved by regulation. (6) The Minister must publish the infrastructure blueprint on the department's website. (7) In this section— installed renewable generation capacity means the total nameplate rating of generating systems in Queensland that are capable of producing electricity from renewable energy sources. 16 Review of infrastructure blueprint (1) The Minister must review the infrastructure blueprint— (a) by 31 May 2025; and (b) at further intervals of 2 years. (2) However, subsection (1) does not prevent the Minister from reviewing the infrastructure blueprint at any time. (3) In reviewing the infrastructure blueprint, the Minister must have regard to the following matters— (a) advice from, or recommendations of, the board under section 94(b); (b) advice from the council under section 124(a)(i); (c) the Integrated System Plan; (d) the optimal infrastructure pathway objectives; (e) the purposes of this Act; (f) the policies of the State in relation to energy or electricity; (g) any other matter prescribed by regulation. (4) After reviewing the infrastructure blueprint, the Minister may make a replacement infrastructure blueprint. (5) A replacement infrastructure blueprint must include a summary of the difference between the content of the replacement infrastructure blueprint and the infrastructure blueprint in effect immediately before the replacement infrastructure blueprint takes effect. (6) Section 15(2) to (6) applies in relation to the making and approval of the replacement infrastructure blueprint. Part 5 Priority transmission investments Division 1 Preliminary 17 Purpose of part The purpose of this part is— (a) to facilitate the identification and construction of priority transmission investments; and (b) to make provision for financial matters associated with the investments. 18 Definitions for part In this part— assessment documents means documents declared by regulation to be assessment documents. candidate priority transmission investment means an eligible priority transmission investment declared to be a candidate priority transmission investment under section 21. eligible priority transmission investment means a project prescribed as an eligible priority transmission investment under section 20(1). identified need, for a candidate priority transmission investment, means the objective the investment is intended to achieve. priority transmission investment see section 26(2). 19 Reference to construction of candidate priority transmission investment or priority transmission investment In this part, a reference to construction of a candidate priority transmission investment or a priority transmission investment is a reference to the construction, testing and commissioning of the infrastructure that is the subject of the investment. Division 2 Construction of priority transmission investments 20 Eligible priority transmission investments (1) A regulation may prescribe a project as an eligible priority transmission investment. (2) The Minister may recommend to the Governor in Council the making of a regulation under subsection (1) prescribing a project as an eligible priority transmission investment only if the responsible Ministers are satisfied that— (a) the project is identified in the infrastructure blueprint as part of the optimal infrastructure pathway; or (b) if paragraph (a) does not apply— (i) since the Minister made the infrastructure blueprint under section 15(1), or last reviewed the infrastructure blueprint under section 16, the responsible Ministers have become aware of information about changes in the likely production or storage of, or demand for, electricity in Queensland or a part of Queensland; and (ii) the responsible Ministers have consulted the board in relation to the information; and (iii) the Minister is satisfied that, had the Minister been aware of the information when making or reviewing the infrastructure blueprint, the Minister would have included the project in the infrastructure blueprint and identified the project as part of the optimal infrastructure pathway. (3) In this section— project means a project for— (a) the construction of infrastructure that transmits electricity and associated plant and equipment; and (b) the acquisition of land associated with that construction. 21 Candidate priority transmission investments The responsible Ministers may, by written notice given to Powerlink, declare an eligible priority transmission investment to be a candidate priority transmission investment. 22 Responsible Ministers must direct Powerlink to submit in relation to candidate priority transmission investment (1) The responsible Ministers must direct Powerlink to give the responsible Ministers a submission about how they should direct Powerlink under section 24 to assess a candidate priority transmission investment. (2) The direction must be given immediately after the responsible Ministers make a declaration in relation to the candidate priority transmission investment under section 21. (3) The direction must require the submission to address when construction of the candidate priority transmission investment must commence in order to meet— (a) the anticipated date for completion of construction of the investment stated in the infrastructure blueprint; or (b) if an anticipated date for completion of construction of the investment is stated in the direction—the date stated in the direction. (4) Also, the direction must require the submission to address the following matters— (a) the identified need Powerlink proposes for the candidate priority transmission investment; (b) the assessment documents Powerlink recommends the responsible Ministers should direct Powerlink under section 24(4)(a) to use to assess the investment and reasons for that recommendation; (c) the modifications to the assessment documents Powerlink recommends the responsible Ministers should include in a direction to Powerlink under section 24(4)(a) to assess the investment and reasons for that recommendation; (d) any other matter the responsible Ministers consider relevant. (5) Before making a submission addressing a matter mentioned in subsection (4)(a), Powerlink must consult the board on the identified need proposed for the candidate priority transmission investment. (6) A direction under this section must state the date by which the submission must be given to the responsible Ministers. 23 Responsible Ministers must seek advice about Powerlink's submission (1) This section applies if the responsible Ministers receive a submission from Powerlink under section 22 about a candidate priority transmission investment. (2) The responsible Ministers must seek advice on the submission from a suitably qualified person about the following matters— (a) whether the proposed identified need for the candidate priority transmission investment has been sufficiently described by Powerlink; (b) whether the suitably qualified person recommends any changes to the description of the proposed identified need; (c) whether the assessment documents recommended by Powerlink are appropriate; (d) in relation to the modifications recommended by Powerlink to the assessment documents, whether— (i) the modifications are appropriate; and (ii) the modifications are as minimal as is practical; (e) any matter not mentioned in Powerlink's submission that is relevant to the giving of a direction to Powerlink under section 24 about the assessment of the investment; (f) any other relevant matter the responsible Ministers consider appropriate. (3) A request for advice under subsection (2) must state the date by which the advice must be given to the responsible Ministers. (4) In giving advice to the responsible Ministers about a matter mentioned in subsection (2)(c) or (d), the suitably qualified person must have regard to— (a) when construction of the candidate priority transmission investment must commence in order to meet— (i) the anticipated date for completion of construction of the investment stated in the infrastructure blueprint; or (ii) if an anticipated date for completion of construction of the investment is stated in the direction given under section 22—the date stated in the direction; and (b) any other relevant matter the responsible Ministers identify to the person. (5) If the suitably qualified person gives advice under subsection (2)(c) that the assessment documents recommended by Powerlink are not appropriate, the person must also give the responsible Ministers further advice on the appropriate documents. (6) If the suitably qualified person gives advice under subsection (2)(d)(i) that the modifications recommended by Powerlink are not appropriate, the person must also give the responsible Ministers further advice on the appropriate modifications. (7) If the suitably qualified person gives advice under subsection (2)(d)(ii) that the modifications recommended by Powerlink are not as minimal as is practical, the person must also give the responsible Ministers further advice on the modifications that are as minimal as is practical. 24 Responsible Ministers may direct Powerlink to assess candidate priority transmission investment (1) This section applies if— (a) Powerlink has given the responsible Ministers a submission in response to a direction under section 22 about a candidate priority transmission investment; and (b) the responsible Ministers have requested and received advice, and any further advice required, under section 23. (2) The responsible Ministers may direct Powerlink to— (a) assess the candidate priority transmission investment; and (b) following the assessment, give a report to the responsible Ministers stating— (i) each option considered by Powerlink to address the identified need for the investment; and (ii) the option to address the identified need for the investment that, in Powerlink's opinion, maximises the net economic benefit associated with the investment consistent with— (A) the achievement of the identified need; and (B) the anticipated date for completion of construction of the investment stated for the investment in the infrastructure blueprint or in the direction given under section 22; and (iii) any other matter the responsible Ministers direct Powerlink to include in the report. (3) For subsection (2)(b)(ii), the option identified by Powerlink may have a negative net economic benefit. (4) A direction under this section must state— (a) the assessment documents, modified by the responsible Ministers as stated in the direction, to be used by Powerlink to assess the candidate priority transmission investment; and (b) an identified need for the investment decided by the responsible Ministers; and (c) the date by which the report must be given to the responsible Ministers. (5) For subsection (4)(a), the modifications of the assessment documents must be the modifications the responsible Ministers consider are appropriate and are as minimal as is practical. 25 Responsible Ministers must seek advice about Powerlink's report (1) If the responsible Ministers receive a report from Powerlink under section 24(2)(b) about a candidate priority transmission investment, the responsible Ministers must seek advice on the report from a suitably qualified person. (2) The advice the responsible Ministers must seek is— (a) whether Powerlink has assessed the candidate priority transmission investment in accordance with the direction given about the investment under section 24; and (b) whether the expenditure on the investment proposed, or already made, by Powerlink is the expenditure that would be required by an efficient and prudent operator in Powerlink's circumstances. (3) A request for advice under subsection (2) must state the date by which the advice must be given to the responsible Ministers. (4) Powerlink must give the suitably qualified person any information the person reasonably requires to give their advice. (5) If, following receipt of the advice, the responsible Ministers consider Powerlink has not assessed the candidate priority transmission investment as directed, the responsible Ministers may direct Powerlink to provide a replacement report under section 24(2)(b) that addresses the matters stated in the direction. (6) Subsections (1) to (5) apply in relation to the replacement report the subject of the direction under subsection (5) as if the replacement report were a report received under section 24(2)(b). 26 Responsible Ministers may declare priority transmission investment (1) This section applies if— (a) the responsible Ministers have received advice under section 25 about a report received by the responsible Ministers from Powerlink under section 24(2)(b) about a candidate priority transmission investment; and (b) the responsible Ministers are satisfied that Powerlink has assessed the investment as directed. (2) The responsible Ministers may declare the candidate priority transmission investment, to be constructed using the option to address the identified need for the investment identified by Powerlink in its report under section 24(2)(b)(ii), to be a priority transmission investment. (3) The Minister must notify the making of the declaration in the gazette, and publish the declaration on the department's website. 27 Responsible Ministers must direct Powerlink to construct priority transmission investment (1) As soon as practicable after making a declaration under section 26(2) about a priority transmission investment, the responsible Ministers must direct Powerlink to construct the investment. (2) A direction under this section must state— (a) the anticipated date by which Powerlink will commence constructing the priority transmission investment; and (b) the anticipated date for completion of construction of the investment, which may be a different date to the anticipated date for completion of construction stated for the investment in the infrastructure blueprint or in the direction given under section 22. (3) Powerlink must take all reasonable steps to— (a) commence construction of the priority transmission investment by the anticipated date mentioned in subsection (2)(a); and (b) complete construction of the investment by the anticipated date mentioned in subsection (2)(b). (4) To remove any doubt, it is declared that Powerlink is not prevented from designing the infrastructure the subject of the priority transmission investment, or acquiring land associated with construction of the investment, before the investment is declared under section 26 or a direction is given in relation to the investment under this section. Division 3 Financial matters associated with priority transmission investments 28 Regulation-making power in relation to financial matters associated with priority transmission investments (1) A regulation may— (a) require Powerlink to include particular amounts associated with a priority transmission investment in a revenue proposal by Powerlink; or (b) enable the responsible Ministers to direct Powerlink to— (i) apply to the AER for the AER to amend Powerlink's revenue determination to account for a priority transmission investment; or (ii) include particular amounts associated with a priority transmission investment in a revenue proposal by Powerlink; or (iii) apply to the AER for the AER to adjust the value of Powerlink's regulatory asset base by particular amounts to account for a priority transmission investment; or (c) require Powerlink to give information about a priority transmission investment, candidate priority transmission investment or eligible priority transmission investment to a particular entity, including the AER, for the purposes of an application or revenue proposal made acting under— (i) a requirement under paragraph (a); or (ii) a direction mentioned in paragraph (b); or (d) provide for particular action to be taken by the AER in relation to Powerlink's revenue determination, regulatory asset base or revenue proposal if Powerlink acts under— (i) a requirement under paragraph (a); or (ii) a direction mentioned in paragraph (b). (2) In subsection (1)(a) and (b)(ii), a reference to particular amounts associated with a priority transmission investment includes a reference to expenditure on the investment, whether before or after the commencement, while the investment is in the form of— (a) a candidate priority transmission investment; or (b) an eligible priority transmission investment; or (c) a project that is later prescribed under section 20 as an eligible priority transmission investment. (3) In subsection (1)(b)(i) and (iii), a reference to accounting for a priority transmission investment includes a reference to accounting for expenditure on the investment, whether before or after the commencement, while the investment was in a form mentioned in subsection (2)(a), (b) or (c). (4) In this section— regulatory asset base has the same meaning as the term has in the National Electricity Rules. revenue determination has the meaning given by the National Electricity Rules. Division 4 Other provisions 29 PTI guidelines (1) The responsible Ministers may approve guidelines (PTI guidelines) for directing Powerlink, or seeking advice from a suitably qualified person, under this part. (2) The Minister must notify the making of the PTI guidelines in the gazette. (3) The PTI guidelines take effect on the later of the following days— (a) the day the making of the guidelines is notified in the gazette; (b) the day the guidelines state they are to take effect. (4) The Minister must publish the PTI guidelines on the department's website. (5) The following things must be done in accordance with the PTI guidelines— (a) the giving of a direction to Powerlink under this part, including under a regulation made under section 28; (b) the making of a request for advice from a suitably qualified person under this part. 30 Compliance with directions (1) Powerlink must comply with a direction given to it by the responsible Ministers under this part. (2) An act or decision of Powerlink's board in purported implementation of a direction mentioned in subsection (1) is not invalid merely because of a failure to comply with the direction. 31 Information given to suitably qualified person A suitably qualified person who is given information by Powerlink under this part may disclose the information to the Minister or Treasurer. Note— See also the confidentiality requirement under section 173. 32 Advice to Minister or Treasurer (1) Nothing in this part limits the ability of the Minister or Treasurer to seek the advice of another person about a matter under this part. (2) The Minister or Treasurer may disclose advice received under this part to Powerlink. 33 Relationship with national electricity laws (1) It is the intention of Parliament that this part applies despite anything stated in the national electricity laws. (2) It is also the intention of Parliament that the national electricity laws continue to apply in relation to a priority transmission investment to the extent the national electricity laws are not inconsistent with this part. (3) Subsection (4) applies in relation to a provision of this part, or a regulation under a provision of this part, that provides for a matter relating to a priority transmission investment to which the national electricity laws apply or would otherwise apply. (4) A regulation— (a) may provide for the application of a provision of the national electricity laws (a national provision) in relation to the priority transmission investment; and (b) for that purpose, may— (i) provide that a national provision does not apply in relation to a matter or applies in relation to a matter with stated modifications; and (ii) state how other provisions of the national electricity laws apply in relation to a matter having regard to a national provision not applying or applying with stated modifications in relation to the matter. (5) In this section, a reference to a priority transmission investment includes a reference to an eligible priority transmission investment or a candidate priority transmission investment. 34 Expiry This part expires on 31 December 2035. Part 6 Renewable energy zones Division 1 Preliminary 35 Purposes of part The purposes of this part are— (a) to provide for parts of Queensland that are suitable to be renewable energy zones to be declared to be renewable energy zones; and (b) to ensure the impact of the declaration of renewable energy zones on Queensland communities is appropriately considered; and (c) to provide for coordinated and streamlined connection and access to transmission networks in renewable energy zones by regulating connection and access to— (i) the transmission networks; and (ii) transmission assets that materially affect, or will materially affect, the capacity or functioning of the transmission networks; and (d) to facilitate and support the development and operation of transmission networks in renewable energy zones, including by providing for the recovery of costs associated with the provision of the transmission networks. 36 Definitions for part In this part—connection agreement has the meaning given by the National Electricity Rules. management plan, for a REZ, means a management plan for the REZ approved under section 47. participant, for a REZ, means an entity that has entered into a connection agreement for connection and access to the REZ transmission network for the REZ with the transmission network service provider. regulate, in relation to connection and access to the REZ transmission network or REZ controlled assets for a REZ, means authorise, prohibit, restrict or otherwise regulate. relevant transmission network service provider, for REZ controlled assets for a REZ, means the transmission network service provider for the transmission system of which the REZ controlled assets are a component. renewable energy zone or REZ means a part of Queensland declared to be a renewable energy zone under section 38. REZ assessment, for a part of Queensland, means a REZ assessment conducted under division 4 for the part. REZ controlled assets, for a REZ, means transmission assets that— (a) materially affect, or will materially affect, the capacity or functioning of the REZ transmission network for the REZ; and (b) are outside the REZ or inside the REZ but not part of the REZ transmission network; and (c) are identified in the REZ declaration for the REZ as REZ controlled assets for the REZ. REZ declaration means the regulation declaring a part of Queensland to be a renewable energy zone under section 38. REZ delivery body— (a) generally, means an entity appointed to be a REZ delivery body under section 75; and (b) in relation to a particular REZ, means the REZ delivery body that recommended the REZ be declared. REZ transmission network, for a REZ, means the transmission network, or a part of a transmission network, that is— (a) in the REZ; and (b) identified in the REZ declaration for the REZ as the REZ transmission network for the REZ. transmission asset has the meaning given by the National Electricity Rules. transmission network service provider— (a) generally, means a Transmission Network Service Provider under the National Electricity Rules; and (b) in relation to a particular REZ, means Powerlink in its capacity as the Transmission Network Service Provider for the REZ transmission network for the REZ. 37 References to connection and access In this part, the terms connection and access, in relation to a transmission network or transmission assets, have the same meaning as they have in the National Electricity Rules. Division 2 Declaration of renewable energy zones 38 Declaration of renewable energy zone (1) A regulation may declare a part of Queensland to be a renewable energy zone. (2) The Minister may recommend to the Governor in Council the making of a regulation under subsection (1)— (a) only with the Treasurer's approval; and (b) only if a REZ delivery body has recommended the part of Queensland be declared to be a renewable energy zone and the Minister is satisfied— (i) the part of Queensland is suitable to be a renewable energy zone; and (ii) the declaration will help achieve the purposes of this Act mentioned in section 3(a) and (b). Note— See also section 40 for matters to which the Minister and the Treasurer must have regard when performing a function under this division. (3) A regulation under subsection (1) must— (a) identify the geographic boundary of the renewable energy zone; and (b) state the objectives of the renewable energy zone; and (c) identify— (i) the management plan for the renewable energy zone; and Note— Under section 47(3), the Minister must keep a copy of the management plan available on the department's website. (ii) the existing or proposed transmission network, or the part of an existing or proposed transmission network, that is the REZ transmission network for the renewable energy zone; and (iii) the transmission assets that are REZ controlled assets for the renewable energy zone; and (d) state the term of the declaration, which must be a stated period of not less than 15 years after the day on which the first participant is connected to the REZ transmission network for the renewable energy zone. (4) The Minister must, as soon as practicable, publish a notice on the department's website stating the day on which the first participant is connected to the REZ transmission network for the renewable energy zone. 39 Term of declaration and restriction on amendment or repeal (1) A REZ declaration continues in effect for the term stated under section 38(3)(d), unless the declaration is repealed. (2) The Minister may recommend to the Governor in Council the making of a regulation amending (including amending the term of the declaration) or repealing a REZ declaration— (a) only with the approval of the Treasurer; and (b) only if the Minister is satisfied— (i) the amendment or repeal will not adversely affect, in a material way, any participant for the REZ; and (ii) for an amendment—the amendment is consistent with achieving the purposes of this Act mentioned in section 3(a) and (b). Note— See also section 40 for matters to which the Minister and the Treasurer must have regard when performing a function under this division. 40 Performance of functions under division In performing a function under this division, the Minister and the Treasurer must have regard to— (a) the infrastructure blueprint; and (b) any REZ assessment for a part of Queensland that is or includes the REZ; and (c) any other matter the Minister or Treasurer considers relevant. Example of another matter— advice of the REZ delivery body or another entity obtained by the Minister or Treasurer in relation to the REZ Division 3 Management plans for renewable energy zones Subdivision 1 Content of management plan 41 Content generally (1) A management plan for a REZ must— (a) be consistent with achieving the purposes of this Act mentioned in section 3(a) and (b); and (b) state the objectives of the REZ; and (c) identify— (i) the geographic boundary of the REZ; and (ii) the renewable energy sources in the REZ; and (iii) the REZ transmission network for the REZ; and (iv) the REZ controlled assets for the REZ; and (d) include the following information— (i) information stated in section 42 about the REZ transmission network for the REZ; (ii) information stated in section 43 about the REZ controlled assets for the REZ; and (e) include any other matter prescribed by regulation. (2) Subsection (1) does not limit what may be included in a management plan. 42 Information about REZ transmission network (1) A management plan for a REZ must contain the following information about the REZ transmission network for the REZ— (a) the timing of the development of, and connection and access to, the REZ transmission network; (b) details about the regulation of connection and access to the REZ transmission network under this part, including each of the following— (i) the capacity of the transmission network; (ii) if more than 1 renewable energy source is available in the REZ, the percentage of the capacity intended to be derived from each source; (iii) technical requirements for connection to the transmission network; (iv) the process to be used by the transmission network service provider to identify entities that may connect to and access the transmission network and the projects in relation to which the connection and access may be granted; (v) the process to be used by entities mentioned in subparagraph (iv) and the transmission network service provider to enter into a connection agreement for connection and access to the transmission network, including, for example— (A) fees and charges payable for applications or enquiries for the connection and access; and (B) the timeframes for processing applications or enquiries for the connection and access; and (C) information that must be provided to the service provider in relation to applications or enquiries for the connection and access; (c) details about dispute resolution processes for disputes about connection and access to the REZ transmission network between the transmission network service provider and participants and proposed participants for the REZ; (d) any other arrangements that are to apply under this part to the operation of the REZ transmission network while the REZ declaration for the REZ is in effect; (e) the arrangements that are to apply under this part in relation to the REZ transmission network when the REZ declaration for the REZ ends. (2) The process mentioned in subsection (1)(b)(iv)— (a) must have regard to the following— (i) the social licence criteria prescribed under the Electricity Act 1994, section 180(2)(f); (ii) the capability and performance of entities to develop projects for the REZ transmission network and connect the projects to the transmission network; (iii) the feasibility of projects to be developed and connected to the REZ transmission network within an appropriate timeframe; and (b) may include stated criteria that must be satisfied for connection and access to the REZ transmission network. Example of criteria— an entity may connect to and access the REZ transmission network only if the social licence criteria mentioned in paragraph (a)(i) are satisfied 43 Information about REZ controlled assets A management plan for a REZ must contain the following information about REZ controlled assets for the REZ— (a) details of how the REZ controlled assets materially affect, or will materially affect, the capacity or functioning of the REZ transmission network for the REZ; (b) the process to be used by the relevant transmission network service provider to identify entities that may connect to and access the REZ controlled assets and the projects in relation to which the connection and access may be granted; (c) any other matter relating to the regulation of connection and access to the REZ controlled assets under this part. Subdivision 2 Preparation of management plan 44 Application of subdivision This subdivision applies if a REZ delivery body is proposing to recommend to the Minister that a part of Queensland be declared to be a REZ. 45 Draft management plan (1) The REZ delivery body must prepare a draft management plan complying with subdivision 1 for the proposed REZ, and submit the draft management plan to the responsible Ministers for endorsement. (2) The REZ delivery body may ask the Minister to endorse the following matters to help the REZ delivery body prepare the draft management plan— (a) the existing or proposed transmission network, or the part of an existing or proposed transmission network, that is proposed to be the REZ transmission network for the REZ; (b) the proposed process to be included in the management plan under section 42(1)(b)(iv). (3) The responsible Ministers may endorse the draft management plan if the responsible Ministers are satisfied the management plan complies with subdivision 1. (4) The responsible Ministers may ask the REZ delivery body to make stated amendments to the draft management plan before the responsible Ministers endorse the draft management plan. 46 Consultation on draft management plan (1) The Minister must publish on the department's website— (a) the draft management plan for the proposed REZ endorsed under section 45; and (b) the following information— (i) the period within which a person may make submissions to the REZ delivery body about the draft management plan; (ii) how the submissions may be made. (2) The period mentioned in subsection (1)(b)(i) must be— (a) at least 60 days after the draft management plan is published under subsection (1)(a); or (b) if the draft management plan is to replace an existing management plan for a REZ—a reasonable period decided by the Minister having regard to the nature of the changes between the existing management plan and draft management plan. (3) The REZ delivery body must— (a) consider each submission made in relation to the draft management plan; and (b) make amendments to the draft management plan the REZ delivery body considers appropriate to deal with the submissions, if any; and (c) give the responsible Ministers— (i) a proposed management plan incorporating any amendments under paragraph (b); and (ii) a report outlining the submissions made in relation to the draft management plan and how the submissions have been dealt with. (4) The responsible Ministers may ask the REZ delivery body to make stated amendments to the proposed management plan to ensure the submissions made in relation to the draft management plan have been appropriately dealt with. (5) The REZ delivery body must make the amendments to the proposed management plan requested under subsection (4). Subdivision 3 Approval and amendment of management plan 47 Approval of management plan (1) A proposed management plan prepared under subdivision 2 for a part of Queensland declared to be a REZ under section 38 takes effect as the management plan for the REZ when the management plan is approved by regulation. (2) The Minister may recommend to the Governor in Council the making of a regulation approving a management plan for a REZ only if the responsible Ministers are satisfied— (a) the management plan complies with subdivision 1; and (b) subdivision 2 has been complied with in relation to the management plan. (3) The Minister must keep a copy of the management plan for a REZ available on the department's website. 48 Amendment of management plan (1) A management plan for a REZ may be amended only as provided under this section. (2) The REZ delivery body may amend the management plan, with the approval of the chief executive— (a) to correct a minor error in the management plan; or (b) to update a matter mentioned in section 41(1)(b) or (c)(i), (iii) or (iv) to reflect an amendment of the REZ declaration for the REZ; or (c) to make a minor change to the technical specifications for the REZ transmission network or REZ controlled assets for the REZ; or (d) to make another change that is not a change of substance. (3) The REZ delivery body may amend the management plan with the approval of the responsible Ministers to make a change that is consequential to an amendment of the REZ declaration for the REZ. (4) If an amendment of the REZ declaration for the REZ changes the REZ transmission network or REZ controlled assets for the REZ, the management plan may be amended under subsection (3) to the extent necessary to apply the management plan to the REZ transmission network or REZ controlled assets for the REZ as changed. (5) The responsible Ministers may approve an amendment of the management plan under subsection (3) only if satisfied the amendment does not— (a) affect the operation of this part, other than as allowed under subsection (4); or (b) adversely affect, in a material way, any participant for the REZ. (6) An amendment of a management plan for a REZ under this section takes effect when the Minister publishes a copy of the management plan incorporating the amendment on the department's website. Division 4 REZ assessment 49 Meaning of REZ assessment A REZ assessment is an assessment of 1 or more of the following matters for a part of Queensland— (a) the suitability of the part to accommodate the development and operation of a transmission network in the part; (b) the impact that the development and operation of a transmission network in the part has, or is likely to have, on particular matters, including, for example— (i) infrastructure and land use; and (ii) Aboriginal peoples, Torres Strait Islander peoples and other communities; (c) another matter prescribed by regulation. 50 Minister may request REZ assessment (1) The Minister may, by written notice given to a REZ delivery body, ask the REZ delivery body to conduct a REZ assessment for a part of Queensland that is, or includes any of the following— (a) a REZ declared on the recommendation of the REZ delivery body; (b) a part of Queensland the REZ delivery body has recommended to the Minister to be declared to be a REZ; (c) a part of Queensland the Minister considers to be possibly suitable to be a REZ, whether or not the part is identified in the infrastructure blueprint under section 15(2)(d). (2) The notice must state— (a) the part of Queensland that is to be the subject of the REZ assessment; and (b) the matters that are to be assessed in the REZ assessment; and (c) any advice or recommendation the Minister is seeking, having regard to the outcome of the REZ assessment; and (d) the reasonable period within which a report about the REZ assessment must be given to the Minister; and (e) any other matter prescribed by regulation. (3) In deciding what is a reasonable period for subsection (2)(d), the Minister must consider— (a) whether the REZ assessment relates to an existing REZ; and (b) the nature of the REZ assessment, including, for example, the matters that are to be assessed and any advice or recommendation that is sought; and (c) anything else the Minister considers relevant. (4) Before giving a REZ delivery body a notice under this section, the Minister must— (a) consult with the REZ delivery body; and (b) obtain the Treasurer's approval to give the notice. 51 Conduct of REZ assessment (1) A REZ delivery body that is asked to conduct a REZ assessment under section 50 must conduct the assessment and give the Minister a report about the assessment within the period stated in the request. (2) The REZ delivery body must conduct the REZ assessment and prepare the report about the assessment in accordance with any requirements prescribed by regulation. (3) A regulation under subsection (2) may require— (a) the REZ delivery body to conduct the REZ assessment, or prepare the report about the assessment, in consultation with either or both of the following entities— (i) the chief executive or an appropriately qualified public service employee employed in the department nominated by the chief executive; (ii) the Coordinator-General under the State Development and Public Works Organisation Act 1971; or (b) the conduct of the REZ assessment, or report about the REZ assessment, to be approved by either or both of the entities mentioned in paragraph (a). Division 5 REZ transmission networks Subdivision 1 Preliminary 52 Purpose of division (1) This division provides for the regulation of connection and access to— (a) the REZ transmission network for a REZ; and (b) REZ controlled assets for a REZ. (2) This division regulates the connection and access by— (a) restricting the circumstances in which an entity may connect to and access the REZ transmission network or REZ controlled assets; and (b) providing for a more streamlined process for the negotiation of access standards for the REZ transmission network. (3) This division also provides for the continued effect of particular rights and expectations relating to— (a) a transmission network or a part of a transmission network that becomes the REZ transmission network or a part of the REZ transmission network for a REZ; or (b) transmission assets that become REZ controlled assets for a REZ. 53 Definitions for division In this division— access policy has the meaning given by the National Electricity Rules. access standard, for the REZ transmission network for a REZ, means a standard of performance for a technical requirement of access for plant connected to the transmission network. application to connect has the meaning given by the National Electricity Rules. designated network asset has the meaning given by the National Electricity Rules. DNA service has the meaning given by the National Electricity Rules. eligible entity means an entity— (a) for the REZ transmission network for a REZ—identified under the process stated in the management plan for the REZ, under section 42(1)(b)(iv), as an entity that may connect to and access the REZ transmission network; or (b) for REZ controlled assets for a REZ—identified under the process stated in the management plan for the REZ, under section 43(b), as an entity that may connect to and access the REZ controlled assets. eligible project means a project— (a) for the REZ transmission network for a REZ—identified under the process stated in the management plan for the REZ, under section 42(1)(b)(iv), as a project in relation to which an entity may connect to and access the REZ transmission network; or (b) for REZ controlled assets for a REZ—identified under the process stated in the management plan for the REZ, under section 43(b), as a project in relation to which to an entity may connect to and access the REZ controlled assets. plant has the meaning given by the National Electricity Rules. Subdivision 2 Regulation of connection and access 54 Restriction on connection and access to REZ transmission network (1) An entity may connect to and access the REZ transmission network for a REZ only under a connection agreement entered into between the entity and the transmission network service provider. (2) The transmission network service provider may enter into a connection agreement for connection and access to the REZ transmission network for a REZ— (a) only with an eligible entity for an eligible project; and (b) only if any conditions on which the entity is an eligible entity or the project is an eligible project are met; and (c) only in accordance with the process for entering into a connection agreement stated in the management plan for the REZ under section 42(1)(b)(v). (3) The terms and conditions of a connection agreement for connection and access to the REZ transmission network for a REZ entered into by the transmission network service provider and an eligible entity must be in accordance with— (a) the matters mentioned in the management plan for the REZ under section 42(1)(b)(i) to (iii); and (b) the conditions mentioned in subsection (2)(b). (4) The national electricity laws apply in relation to connection and access to the REZ transmission network for a REZ with necessary changes to give effect to the restriction on connection and access under this section, including, for example, by restricting— (a) who may apply for connection and access to the transmission network; and (b) the circumstances in which the transmission network service provider may enter into a connection agreement with an entity for connection and access to the transmission network. (5) The dispute resolution processes for disputes about connection or access to the REZ transmission network for a REZ stated in the management plan for the REZ, under section 42(1)(c), apply— (a) to any dispute about connection or access to the transmission network between the transmission network service provider and participants and proposed participants for the REZ; and (b) despite anything in the national electricity laws. 55 Negotiated access standards (1) The transmission network service provider and a proposed participant for a REZ may negotiate an access standard for the REZ transmission network for the REZ in the way, and in accordance with the requirements, prescribed by regulation. (2) The regulation may prescribe— (a) the process that is to apply to the negotiation, which may— (i) provide for the extent to which AEMO is to be involved in the negotiation; and (ii) permit or require the transmission network service provider to consider the performance of all participants for the REZ as a whole when negotiating with individual proposed participants; and (b) requirements about— (i) deciding the access standard; and (ii) how performance against the access standard is to be assessed. (3) An access standard negotiated under this section is taken to be a negotiated access standard determined in accordance with the National Electricity Rules. 56 Connection agreement for REZ transmission network entered into under this part (1) This section applies in relation to a connection agreement for connection and access to the REZ transmission network for a REZ that is entered into in accordance with the national electricity laws except that— (a) the agreement is entered into as provided under section 54; or (b) the agreement includes an access standard negotiated under section 55. (2) The connection agreement is taken to be a connection agreement entered into in accordance with the National Electricity Rules. 57 Restriction on connection and access to REZ controlled assets (1) An entity may connect to and access REZ controlled assets for a REZ only under a connection agreement entered into between the entity and the relevant transmission network service provider. (2) The relevant transmission network service provider may enter into a connection agreement for connection and access to REZ controlled assets for a REZ— (a) only with an eligible entity for an eligible project; and (b) only if any conditions on which the entity is an eligible entity or the project is an eligible project are met. (3) The national electricity laws apply in relation to connection and access to REZ controlled assets for a REZ with necessary changes to give effect to the restriction on connection and access under this section, including, for example, by restricting— (a) who may apply for connection and access to the REZ controlled assets; and (b) the circumstances in which the r