Rural and Regional Adjustment (Energy Savings Schemes) Amendment Regulation 2018


Queensland Crest

1Short title

This regulation may be cited as the Rural and Regional Adjustment (Energy Savings Schemes) Amendment Regulation 2018.

2Regulation amended

This regulation amends the Rural and Regional Adjustment Regulation 2011.

3Amendment of s 3 (Approval of schemes—Act, s 11)

Section 3(1), ‘33’—
omit, insert—

35

4Insertion of new schs 34 and 35

After schedule 33—
insert—

Schedule 34 Large electricity customer adjustment payment scheme

section 3(1)

Part 1 Preliminary

1Objective of scheme

The objective of the scheme is to help large electricity customers to—
(a)move from being charged transitional tariffs or obsolete tariffs to being charged standard tariffs for the sale of electricity; and
(b)implement best practice electricity management strategies identified in eligible energy efficiency audits; and
(c)identify opportunities for energy productivity improvements through the implementation of commercially feasible energy management strategies.

2Definitions

In this schedule—
applicant means a person applying for financial assistance under the scheme.
eligible energy efficiency audit, for an applicant, means an audit of the energy efficiency of the applicant’s building or business activity that is carried out under a relevant standard.
eligible energy efficiency project, for an applicant, means a project to implement a recommendation in a report for an eligible energy efficiency audit carried out for the applicant.
large electricity customer means a person who is a large customer under the National Energy Retail Law (Queensland), section 5(3)(a).
obsolete tariff means a notified price under the Electricity Act 1994, section 90(1) that is an obsolete tariff.
relevant chief executive means the chief executive of the department administering the Electricity Act 1994.
relevant standard means—
(a)AS/NZS 3598.1:2014 (Energy audits—Part 1: Commercial buildings), published jointly by Standards Australia and Standards New Zealand; or
(b)AS/NZS 3598.2:2014 (Energy audits—Part 2: Industrial and related activities), published jointly by Standards Australia and Standards New Zealand; or
(c)AS/NZS 3598.3:2014 (Energy audits—Part 3: Transport related activities), published jointly by Standards Australia and Standards New Zealand.
scheme means the scheme set out in this schedule.
standard tariff means a notified price under the Electricity Act 1994, section 90(1), other than an obsolete tariff or transitional tariff.
transitional tariff means a notified price under the Electricity Act 1994, section 90(1) that is a transitional tariff.

Part 2 General provisions for scheme

3Nature of assistance

The nature of financial assistance that may be given to an applicant under the scheme is a payment to offset the cost of an eligible energy efficiency project.

4Eligibility criteria

An applicant is eligible for assistance under the scheme if the authority is satisfied that—
(a)when the application is made, the applicant is a large electricity customer; and
(b)a retailer under the Electricity Act 1994 charged the applicant on a transitional tariff or obsolete tariff for the sale of electricity; and
(c)an eligible energy efficiency audit for the applicant has been carried out and a report for the audit has been prepared; and
(d)the eligible energy efficiency project to which the application relates is located in Queensland; and
(e)the relevant chief executive approved a proposal made by the applicant to implement the eligible energy efficiency project.

5Amount of assistance

(1)Subject to subsection (2), the maximum amount of assistance payable to an applicant under the scheme is 50% of the cost of the eligible energy efficiency project to which the application relates under a proposal mentioned in section 4(e).
(2)If an eligible energy efficiency audit for the applicant was or is carried out after 30 May 2018, the amount of assistance payable to the applicant must not be more than $250,000.

6Applications

(1)An application for assistance under the scheme must—
(a)be made by an applicant on the form approved by the authority; and
(b)be accompanied by the documents mentioned in the form; and
(c)if the applicant has an Australian Business Number—state the applicant’s Australian Business Number.
(2)The applicant must give the authority any further documents or information the authority reasonably requires to decide the application.

7Deciding applications

(1)The authority must approve an application if the authority is satisfied—
(a)the applicant is eligible for assistance under section 4; and
(b)the application relates to the applicant’s eligible energy efficiency project.
(2)The authority must refuse an application if the authority’s assistance funds for the scheme are not enough to pay for the assistance under the scheme.

8Conditions

(1)The payment of assistance under the scheme is subject to the conditions stated in subsections (2) and (3).
(2)The applicant must—
(a)have entered into a funding agreement; and
(b)comply with the conditions stated in the funding agreement.
(3)The applicant must give the authority—
(a)a certificate issued by a contractor stating that all electrical equipment and electrical installations installed for the applicant’s eligible energy efficiency project or part of the project are installed as required under the Electrical Safety Act 2002, section 36; and
(b)tax invoices and official receipts of amounts the applicant paid under the eligible energy efficiency project for eligible products and any work completed by a contractor; and
(c)evidence the tariff charged on the sale of electricity under the Electricity Act 1994 is a standard tariff.
(4)In this section—
contractor means a person who holds an electrical licence under the Electrical Safety Act 2002 and who is appropriately qualified to complete the project or part of the project.
funding agreement means an agreement between an applicant and the authority that provides for—
(a)the applicant to carry out an eligible energy efficiency project; and
(b)the authority to pay the applicant an amount to offset the cost of the eligible energy efficiency project.
official receipt means a receipt of an amount paid by an applicant to an entity that includes—
(a)the name and address of the entity that issued the receipt; and
(b)if the entity has an Australian Business Number—the Australian Business Number; and
(c)a description of each item to which the receipt relates.

Schedule 35 Energy savers plus extension payment scheme

section 3(1)

Part 1 Preliminary

1Objective of scheme

The objective of the scheme is to help electricity customers who conduct businesses primarily in an agricultural industry to—
(a)identify energy savings; and
(b)reduce energy consumption; and
(c)identify opportunities for energy productivity improvements through the implementation of commercially feasible energy management strategies.

2Definitions

In this schedule—
agricultural industry means an industry classified under ANZSIC, division A, subdivisions 1 and 2, groups 011 to 020, within eligible class codes 0111 to 0203.
ANZSIC means the document called ‘Australian and New Zealand Standard Industrial Classification (ANZSIC), 2006 (Revision 1.0)’ published in February 2006 by the Australian Bureau of Statistics.
applicant means a person applying for financial assistance under the scheme.
applicant’s proposal means a proposal for an eligible energy efficiency project that is made by an applicant on the form approved by the authority.
customer see the Electricity Act 1994, section 23(1).
electricity customer means a person who is a customer of Energex Limited ACN 078 849 055 or Ergon Energy Corporation Limited ACN 087 646 062.
eligible energy efficiency audit, for an applicant, means an audit of the energy efficiency of the applicant’s building or business activity that is carried out under a relevant standard.
eligible energy efficiency project, for an applicant, means a project to implement a recommendation in a report for an eligible energy efficiency audit carried out for the applicant.
relevant chief executive means the chief executive of the department administering the Electricity Act 1994.
relevant standard means—
(a)AS/NZS 3598.1:2014 (Energy audits—Part 1: Commercial buildings), published jointly by Standards Australia and Standards New Zealand; or
(b)AS/NZS 3598.2:2014 (Energy audits—Part 2: Industrial and related activities), published jointly by Standards Australia and Standards New Zealand; or
(c)AS/NZS 3598.3:2014 (Energy audits—Part 3: Transport related activities), published jointly by Standards Australia and Standards New Zealand.
scheme means the scheme set out in this schedule.

Part 2 General provisions for scheme

3Nature of assistance

The nature of financial assistance that may be given to an applicant under the scheme is a payment to offset the cost of an eligible energy efficiency project.

4Eligibility criteria

An applicant is eligible for assistance under the scheme if the authority is satisfied that—
(a)the applicant is an electricity customer who conducts a business primarily in an agricultural industry; and
(b)the relevant chief executive approved a request by the applicant for an eligible energy efficiency audit for the applicant to be carried out; and
(c)the eligible energy efficiency audit has been carried out and a report for the audit has been prepared; and
(d)the eligible energy efficiency project to which the application relates is located in Queensland; and
(e)the authority approved the applicant’s proposal to carry out the eligible energy efficiency project; and
(f)the authority gave the applicant written notice of the approval.

5Amount of assistance

The maximum amount of assistance payable to an applicant under the scheme is the lesser of the following—
(a)50% of the cost of implementing the eligible energy efficiency project to which the application relates;
(b)$20,000.

6Applications

(1)An application for assistance under the scheme must—
(a)be made by an applicant on the form approved by the authority; and
(b)be accompanied by the documents mentioned in the form; and
(c)if the applicant has an Australian Business Number—state the applicant’s Australian Business Number.
(2)The applicant must give the authority any further documents or information the authority reasonably requires to decide the application.

7Deciding applications

(1)The authority must approve an application if the authority is satisfied—
(a)the applicant is eligible for assistance under section 4; and
(b)the application relates to the applicant’s eligible energy efficiency project.
(2)The authority must refuse an application if the authority’s assistance funds for the scheme are not enough to pay for the assistance under the scheme.

8Conditions

(1)The payment of assistance under the scheme is subject to the conditions stated in subsection (2).
(2)The applicant must give the authority—
(a)a certificate issued by a contractor stating that all electrical equipment and electrical installations installed for the applicant’s eligible energy efficiency project or part of the project are installed as required under the Electrical Safety Act 2002, section 36; and
(b)tax invoices and official receipts of amounts the applicant paid under the eligible energy efficiency project for eligible products and any work completed by a contractor.
(3)In this section—
contractor means a person who holds an electrical licence under the Electrical Safety Act 2002 and who is appropriately qualified to complete the project or part of the project.
official receipt means a receipt of an amount paid by an applicant to an entity that includes—
(a)the name and address of the entity that issued the receipt; and
(b)if the entity has an Australian Business Number—the Australian Business Number; and
(c)a description of each item to which the receipt relates.