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Renewable Energy (Electricity) Bill 2000

Part 3 Acquisition of electricity

   

31   What are relevant acquisitions ?

             (1)  There are 2 types of relevant acquisitions of electricity. These are:

                     (a)  a wholesale acquisition (see section 32); and

                     (b)  a notional wholesale acquisition (see section 33).

             (2)  An acquisition is not a relevant acquisition if:

                     (a)  the electricity was delivered on a grid that has a capacity that is less than 100 MW and that is not, directly or indirectly, connected to a grid that has a capacity of 100 MW or more; or

                     (b)  the end user of the electricity generated the electricity and either of the following conditions are satisfied:

                              (i)  the point at which the electricity is generated is less than 1 kilometre from the point at which the electricity is used;

                             (ii)  the electricity is transmitted or distributed between the point of generation and the point of use and the line on which the electricity is transmitted or distributed is used solely for the transmission or distribution of electricity between those 2 points; or

                     (c)  the electricity is later acquired by NEMMCO.

             (3)  The amount of electricity acquired under a relevant acquisition and the capacity of a grid are to be determined in accordance with the regulations.

             (4)  A person who owns, operates or controls a grid must give the Regulator a statement within 28 days of either of the following happening:

                     (a)  the capacity of the grid increases from less than 100 MW to 100 MW or more;

                     (b)  the grid becomes connected, directly or indirectly, to a grid that has a capacity of 100 MW or more.

The statement must include any information specified in the regulations.

32   Wholesale acquisitions

             (1)  A wholesale acquisition is an acquisition of electricity from:

                     (a)  NEMMCO; or

                     (b)  a person who did not acquire it from another person.

             (2)  To avoid doubt, subsection (1) does not apply where an end user acquires electricity from a generator and subsection 33(2) applies to create a notional wholesale acquisition in connection with that acquisition.

33   Notional wholesale acquisitions

             (1)  There are 2 situations in which a notional wholesale acquisition of electricity takes place.

             (2)  The first situation is where the end user of the electricity acquires the electricity from the person who generated the electricity and the end user is not registered under the National Electricity Code. In this situation, the generator is taken to be 2 persons (the notional generator and the notional wholesaler ), and this Act applies as if the notional wholesaler acquired the electricity from the notional generator at the time that the end user acquired the electricity. That acquisition is a notional wholesale acquisition .

          (2A)  Subsection (2) does not apply if the person who generated the electricity has previously sold it to another person (including NEMMCO).

             (3)  The second situation is where the end user of the electricity generated the electricity and neither of the following conditions are satisfied:

                     (a)  the point at which the electricity is generated is less than 1 kilometre from the point at which the electricity is used;

                     (b)  the electricity is transmitted or distributed between the point of generation and the point of use and the line on which the electricity is transmitted or distributed is used solely for the transmission or distribution of electricity between those 2 points.

In this situation, the generator is taken to be 2 persons (the notional generator and the notional wholesaler ), and this Act applies as if the notional wholesaler acquired the electricity from the notional generator at the time that the electricity is used. That acquisition is a notional wholesale acquisition .

34   Special provision relating to transactions involving NEMMCO

                   Despite section 31, no acquisition of electricity by NEMMCO is a relevant acquisition.