{"id":"nsw:sl-1996-0065","name":"Energy Services Corporations (Savings and Transitional) Regulation 1996","slug":"energy-services-corporations-savings-and-transitional-regulation-1996","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"65 of 1996","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":180618,"registerId":"nsw-nsw:sl-1996-0065-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary\n\n**pt 1, hdg:** Ins 20.12.1996.","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation may be cited as the [Energy Services Corporations (Savings and Transitional) Regulation 1996](/view/html/inforce/current/sl-1996-0065).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on 1 March 1996.","sortOrder":2},{"sectionNumber":"Part 2","sectionType":"part","heading":"Application of Environmental Planning and Assessment Act 1979","content":"# Part 2 Application of Environmental Planning and Assessment Act 1979\n\nPart 2 Application of [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203)\n\n**pt 2, hdg:** Ins 20.12.1996.","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Part:\n> \n> former distributor means an electricity distributor constituted under the [Electricity Act 1945](/view/html/repealed/current/act-1946-013).\n> \n> new distributor means an energy distributor constituted under the [Energy Services Corporations Act 1995](/view/html/inforce/current/act-1995-095).\n> \n> new generator means an electricity generator constituted under the [Energy Services Corporations Act 1995](/view/html/inforce/current/act-1995-095).\n> \n> Pacific Power means the corporation constituted by section 5 of the [Electricity (Pacific Power) Act 1950](/view/html/repealed/current/act-1950-022).\n> \n> **cl 3:** Am 20.12.1996.","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Application of Pt 5 of Environmental Planning and Assessment Act 1979 to new generators","content":"#### 4 Application of Pt 5 of Environmental Planning and Assessment Act 1979 to new generators\n\n4 Application of Pt 5 of [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) to new generators\n\n> > (1) This clause applies to any activity in respect of which:\n> > \n> > > (a) Pacific Power has obtained an environmental impact statement before 1 March 1996, or\n> > \n> > > (b) the Director-General of the Department of Urban Affairs and Planning has, before 1 March 1996, notified a person preparing an environmental impact statement for Pacific Power of requirements with respect to the form and contents of such a statement.\n> \n> > (2) Part 5 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) applies to any such activity that is carried out by a new generator as if:\n> > \n> > > (a) the new generator had been in existence when such a statement was obtained or such requirements were notified, and\n> > \n> > > (b) anything that has been done before 1 March 1996 by, to or in respect of Pacific Power in connection with the activity (including the obtaining of such a statement or the notification of such requirements) had instead been done by, to or in respect of the new generator.\n> \n> > (3) Clause 5 of Schedule 5 to the [Energy Services Corporations Act 1995](/view/html/inforce/current/act-1995-095) does not apply to an activity to which this clause applies.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Application of Pt 5 of Environmental Planning and Assessment Act 1979 to new distributors","content":"#### 5 Application of Pt 5 of Environmental Planning and Assessment Act 1979 to new distributors\n\n5 Application of Pt 5 of [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) to new distributors\n\n> > (1) Division 4 of Part 5 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) does not apply to an activity carried out by a new distributor if:\n> > \n> > > (a) the former distributor of the same name has obtained an environmental impact statement for that activity before 1 March 1996, or\n> > \n> > > (b) the former distributor of the same name obtains an environmental impact statement for that activity after 1 March 1996, but the Director-General of the Department of Urban Affairs and Planning has before that date duly notified the person preparing the statement of requirements with respect to the form and contents of the statement.\n> \n> > (2) Clause 11 of Schedule 5 to the [Energy Services Corporations Act 1995](/view/html/inforce/current/act-1995-095) does not apply to an activity that is excluded by this clause from the operation of Division 4 of Part 5 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).","sortOrder":6},{"sectionNumber":"Part 3","sectionType":"part","heading":"Portability of extended service leave entitlements for electricity generators’ staff","content":"# Part 3 Portability of extended service leave entitlements for electricity generators’ staff\n\nPart 3 Portability of extended service leave entitlements for electricity generators’ staff\n\n**pt 3:** Ins 20.12.1996.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Definitions","content":"#### 6 Definitions\n\n6 Definitions\n\n> In this Part:\n> \n> electricity generator includes Pacific Power.\n> \n> eligible employee means a person who is, and who has continuously since 1 March 1996 been, a employee of an electricity generator.\n> \n> new generator means the electricity generator by which an electricity employee is currently employed.\n> \n> old generator means the electricity generator by which an eligible employee was employed immediately before becoming an employee of the new generator.\n> \n> **Parts 4 (cll 6–13):** Ins 20.12.1996.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Preservation of extended service leave entitlements","content":"#### 7 Preservation of extended service leave entitlements\n\n7 Preservation of extended service leave entitlements\n\n> Continuous service of an eligible employee with the old generator is taken to be service with the new generator for the purpose only of calculating the employee’s entitlement to extended service leave.\n> \n> **Parts 4 (cll 6–13):** Ins 20.12.1996.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"No dual benefits","content":"#### 8 No dual benefits\n\n8 No dual benefits\n\n> An eligible employee is not entitled to claim, both under this Part and under any other law, dual benefits of the same kind for the same period of service.\n> \n> **Parts 4 (cll 6–13):** Ins 20.12.1996.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Funding of extended service leave entitlements","content":"#### 9 Funding of extended service leave entitlements\n\n9 Funding of extended service leave entitlements\n\n> > (1) As a consequence of the transfer of an eligible employee from one electricity generator to another, the old generator becomes liable to pay to the new generator:\n> > \n> > > (a) in the case of an eligible employee whose period of service with the old generator (as at the date of the transfer) was 5 years or more but less than 10 years, 50 per cent of the monetary value of the extended service leave to which the employee would have been entitled as at that date had the period of service been 10 years, or\n> > \n> > > (b) in the case of an eligible employee whose period of service with the old generator (as at the date of the transfer) was 10 years or more, 100 per cent of the monetary value of the employee’s entitlement to extended service leave as at that date.\n> \n> > (2) No such liability exists in the case of an eligible employee whose period of service with the old generator (as at the date of the transfer) was less than 5 years.\n> \n> **Parts 4 (cll 6–13):** Ins 20.12.1996.","sortOrder":11},{"sectionNumber":"Part 4","sectionType":"part","heading":"Portability of extended service leave entitlements for energy distributors’ staff","content":"# Part 4 Portability of extended service leave entitlements for energy distributors’ staff\n\nPart 4 Portability of extended service leave entitlements for energy distributors’ staff\n\n**Parts 4 (cll 6–13):** Ins 20.12.1996.","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Definitions","content":"#### 10 Definitions\n\n10 Definitions\n\n> In this Part:\n> \n> eligible employee means a person who is, and who has continuously since 1 March 1996 been, an employee of an energy distributor.\n> \n> new distributor means the energy distributor by which an eligible employee is currently employed.\n> \n> old distributor means the energy distributor by which an eligible employee was employed immediately before becoming an employee of the new distributor.\n> \n> **Parts 4 (cll 6–13):** Ins 20.12.1996.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Preservation of extended service leave entitlements","content":"#### 11 Preservation of extended service leave entitlements\n\n11 Preservation of extended service leave entitlements\n\n> Continuous service of an eligible employee with the old distributor is taken to be service with the new distributor for the purpose only of calculating the employee’s entitlement to extended service leave.\n> \n> **Parts 4 (cll 6–13):** Ins 20.12.1996.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"No dual benefits","content":"#### 12 No dual benefits\n\n12 No dual benefits\n\n> An eligible employee is not entitled to claim, both under this Part and under any other law, dual benefits of the same kind for the same period of service.\n> \n> **Parts 4 (cll 6–13):** Ins 20.12.1996.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Funding of extended service leave entitlements","content":"#### 13 Funding of extended service leave entitlements\n\n13 Funding of extended service leave entitlements\n\n> > (1) As a consequence of the transfer of an eligible employee from one energy distributor to another, the old distributor becomes liable to pay to the new distributor:\n> > \n> > > (a) in the case of an eligible employee whose period of service with the old distributor (as at the date of the transfer) was 5 years or more but less than 10 years, 50 per cent of the monetary value of the extended service leave to which the employee would have been entitled as at that date had the period of service been 10 years, or\n> > \n> > > (b) in the case of an eligible employee whose period of service with the old distributor (as at the date of the transfer) was 10 years or more, 100 per cent of the monetary value of the employee’s entitlement to extended service leave as at that date.\n> \n> > (2) No such liability exists in the case of an eligible employee whose period of service with the old distributor (as at the date of the transfer) was less than 5 years.\n> \n> **Parts 4 (cll 6–13):** Ins 20.12.1996.","sortOrder":16}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the regulation appears to have remained unchanged since its creation on 20 December 1996. It has never been amended and appears to serve its original narrow purpose of managing the legal transition during the restructuring of NSW energy corporations in 1996. No scope creep or expansion is evident."},"complexity_factors":["The document as provided contains virtually no substantive legislative content — it is almost entirely website navigation and metadata, making meaningful legal analysis impossible","Savings and transitional regulations are inherently dependent on the parent Act (Energy Services Corporations Act) for context, adding interpretive complexity","The regulation dates from 1996 and has never been amended, suggesting it was a limited, one-time instrument rather than an ongoing regulatory framework","Without the actual operative clauses, the true complexity of the underlying legal provisions cannot be assessed"],"plain_english_summary":"A 1996 NSW regulation aimed to preserve existing rights and smooth the legal transition when public energy corporations (electricity, gas, related services) restructured, protecting contracts, employee entitlements and existing obligations so responsibilities and liabilities carried over. It affected the corporations, their employees, contractors and customers — though the retrieved document contained little substantive operative text, limiting detailed analysis."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation remains tightly focused on its original purpose: facilitating the 1996 transition from old electricity statutory bodies to new corporations under the Energy Services Corporations Act 1995. It addresses specific technical gaps around environmental approvals and employee entitlements without expanding into broader policy areas."},"complexity_factors":["Only 13 operative clauses across 4 Parts","Minimal cross-referencing—primarily references to the Environmental Planning and Assessment Act 1979 and Energy Services Corporations Act 1995","Straightforward conditional logic with clear date thresholds (1 March 1996) and service period brackets (5 years / 5-10 years / 10+ years)","Two near-identical parallel schemes for generators (Part 3) and distributors (Part 4) with mirrored definitions and operative provisions","Only 9 defined terms total across the entire instrument","No nested exceptions or complex deeming provisions beyond simple 'taken to be' language"],"plain_english_summary":"This regulation smooths the transition when New South Wales restructured its electricity industry in 1996. It deals with two practical problems that arose when old government electricity bodies were replaced by new corporations:\n\n**Environmental approvals (Part 2)**\nWhen Pacific Power (the old state electricity commission) and the old regional electricity distributors had already started environmental impact assessments for projects, this regulation makes sure those approvals don't go to waste. The new corporations that replaced them can pick up where the old bodies left off—so they don't have to restart the environmental approval process from scratch. This applies to environmental impact statements obtained or started before 1 March 1996.\n\n**Employee long-service leave (Parts 3 and 4)**\nWhen workers moved from the old electricity bodies to the new corporations, this regulation protects their long-service leave (called \"extended service leave\" here). It ensures that:\n- Time worked at the old employer counts towards leave entitlements at the new employer\n- Workers can't double-dip by claiming the same leave twice under different laws\n- The old employer must pay the new employer for the value of accrued leave (50% if the worker had 5–10 years service, 100% if 10+ years), but only if the worker had at least 5 years service\n\n**Who it affects:**\n- The new electricity generating and distribution corporations created under the Energy Services Corporations Act 1995\n- Employees transferring between these corporations\n- Anyone involved in electricity infrastructure projects that were mid-approval when the restructure happened\n\n**Why it matters:**\nWithout this regulation, the 1996 electricity industry restructure would have created legal chaos—environmental assessments would have been wasted, and workers could have lost years of accrued long-service leave entitlements."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument is narrowly transitional and savings-focused, preserving specified planning approvals and making extended-service leave portable on corporate transfers. The text shows no indication that its substantive scope was altered from that transitional purpose."},"complexity_factors":["Cross-references to multiple Acts (Environmental Planning and Assessment Act 1979; Energy Services Corporations Act 1995; Electricity Acts) increase legal navigation costs (clauses 4–5, definitions in cl 3).","Transitional treatment of planning approvals requires mapping past actions to new corporate entities (cl 4(2) and cl 5(1)), which can raise evidentiary and administrative tasks.","Portable leave rules require valuation of extended service leave as at transfer date and apportioned payment obligations (cl 7, cl 9, cl 11, cl 13).","Thresholds for liability (less than 5 years: nil; 5–<10 years: 50%; 10+ years: 100%) are simple but create discrete categories that employers must verify (cls 9(1)–(2), 13(1)–(2)).","Prohibition on duplicate claims adds a legal-check requirement when employees may have overlapping entitlements under other laws (cls 8, 12).","Potential ambiguity in calculating the ‘monetary value’ of leave could generate disputes and require administrative guidance or adjudication (cls 9, 13)."],"plain_english_summary":"This Regulation preserves environmental approvals and makes extended-service leave portable when electricity distributors and generators were reconstituted under the Energy Services Corporations Act 1995. New corporations are treated as if they held prior approvals and employees keep continuous service for leave calculations.\n\nFunding: the former employer must pay the new employer 50% of the leave value where prior service is 5–<10 years, 100% at 10+ years, and nothing if under 5 years. It creates payment and administrative obligations for transferring employers and preserves project-approval continuity."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/energy-services-corporations-savings-and-transitional-regulation-1996","history":"/api/acts/energy-services-corporations-savings-and-transitional-regulation-1996/history","analysis":"/api/acts/energy-services-corporations-savings-and-transitional-regulation-1996/analysis","conflicts":"/api/acts/energy-services-corporations-savings-and-transitional-regulation-1996/conflicts","importantCases":"/api/acts/energy-services-corporations-savings-and-transitional-regulation-1996/important-cases","documents":"/api/acts/energy-services-corporations-savings-and-transitional-regulation-1996/documents"}}