{"id":"nsw:sl-2019-0091","name":"Snowy Hydro Corporatisation Regulation 2019","slug":"snowy-hydro-corporatisation-regulation-2019","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"91 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176587,"registerId":"nsw-nsw:sl-2019-0091-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Snowy Hydro Corporatisation Regulation 2019](/view/html/inforce/current/sl-2019-0091).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on the day on which it is published on the NSW legislation website.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Indemnification for compensation for relevant conduct: section 39B of the Snowy Hydro Corporatisation Act 1997","content":"#### 3 Indemnification for compensation for relevant conduct: section 39B of the Snowy Hydro Corporatisation Act 1997\n\n3 Indemnification for compensation for relevant conduct: section 39B of the [Snowy Hydro Corporatisation Act 1997](/view/html/inforce/current/act-1997-099)\n\n> The Snowy Hydro Company must indemnify the State for the whole of any amount of compensation payable by the State for the impact of relevant conduct by the Snowy Hydro Company on native title rights and interests.","sortOrder":2}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This regulation performs exactly the narrow, specific function suggested by its title and enabling Act — creating an indemnity mechanism for native title compensation. It has not expanded beyond its original purpose."},"complexity_factors":["Extremely short — only 3 operative provisions","Single substantive provision (section 3) consisting of one sentence","No defined terms within the regulation itself (relies on definitions in the parent Act)","No cross-references except to the enabling Act section","No conditional logic, exceptions, or procedural requirements","Straightforward mandatory obligation ('must indemnify') with no qualifiers"],"plain_english_summary":"This regulation is a short, technical piece of law that creates a financial safety net for the New South Wales government. It requires Snowy Hydro (the company that runs the Snowy Mountains hydroelectric scheme) to pay back the government if the government has to compensate Indigenous groups for any damage to their native title rights caused by Snowy Hydro's actions.\n\n**What it does:**\n- **Creates a full indemnity** — Snowy Hydro must cover 100% of any compensation the State pays to Indigenous groups for impacts on native title (Indigenous land rights recognised under Australian law)\n- **Protects taxpayers** — ensures that if Snowy Hydro's activities affect traditional Indigenous rights to land or waters, the company bears the cost, not the public purse\n\n**Who it affects:**\n- **Snowy Hydro Limited** — the government-owned corporation operating the Snowy Scheme\n- **The NSW Government** — which holds the liability for native title compensation under federal law\n- **Indigenous groups** with native title rights in the Snowy Mountains region — though they deal with the government, not directly with this regulation\n\n**Why it matters:**\nNative title claims can involve substantial compensation payments. This regulation ensures that as Snowy Hydro operates as a corporatised (commercialised) entity, it remains financially responsible for its own impacts on Indigenous rights, rather than shifting that burden to the State."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation implements an indemnity obligation making the Snowy Hydro Company liable to indemnify the State for compensation the State pays in respect of the Company’s relevant conduct affecting native title rights and interests (section 3). The text does not expand or narrow that obligation beyond what it states; no change of scope from the instrument's expressed mechanics is apparent within the supplied text."},"complexity_factors":["Cross-reference to the Snowy Hydro Corporatisation Act 1997 (section 39B) for the meaning of \"relevant conduct\" rather than defining the term within the regulation (section 3).","Open-ended financial obligation: indemnity for the \"whole of any amount of compensation\" introduces potentially unlimited monetary exposure (section 3).","Lack of procedural detail: the regulation does not specify timing, recovery procedure, dispute resolution, offsets, or caps for reimbursement (section 3).","Interaction with native title law and compensation processes outside the regulation, creating multi-instrument legal and factual inquiries to determine liability and amounts (section 3).","Operational and fiscal effects on the Company (risk management, insurance, budgeting) and on State cash-flow that require administrative arrangements not described in the text (sections 2–3)."],"plain_english_summary":"The Snowy Hydro Corporatisation Regulation 2019 (in force on publication) creates a statutory indemnity: if the State pays compensation for impacts of the Snowy Hydro Company’s “relevant conduct” on native title rights, the Company must reimburse the State for the full amount. It shifts financial risk from the State to the Company, creating direct cost and compliance incentives for the Company."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the regulation has remained in its original form since commencement on 22 February 2019 with no amendments recorded. There is no evidence of scope change from its original intent."},"complexity_factors":["The substantive content of the regulation is not reproduced in the provided text — only metadata and status information is visible, limiting full analysis","Corporatisation law involves interaction between multiple pieces of legislation (the parent Act, the Subordinate Legislation Act 1989, and the Interpretation Act 1987)","Cross-jurisdictional elements — Snowy Hydro operates across NSW, Victoria, and the ACT, adding governance complexity","The staged repeal mechanism under the Subordinate Legislation Act 1989 adds a procedural layer to understand","The regulation appears unchanged since commencement in 2019, suggesting limited complexity through amendments"],"plain_english_summary":"## Snowy Hydro Corporatisation Regulation 2019\n\nThis is a NSW regulation connected to the corporatisation (conversion into a government-owned corporation) of Snowy Hydro — the company that operates the famous Snowy Mountains hydroelectric scheme.\n\n**What it does:** This regulation supports the legal framework for how Snowy Hydro operates as a government-owned business entity under NSW law. Corporatisation regulations typically deal with things like the transfer of assets, employee entitlements, reporting obligations, and governance rules when a public body becomes a corporation.\n\n**Who it affects:**\n- **Snowy Hydro employees** — their employment conditions and entitlements during the transition\n- **NSW Government** — how it oversees and interacts with Snowy Hydro as a corporate entity\n- **Creditors and contractors** — how existing obligations are treated under the new corporate structure\n\n**Important note:** This regulation has an expiry date. It is scheduled to be **automatically repealed (cancelled) on 1 September 2026** under NSW's system of automatically sunsetting (phasing out) older regulations. This is normal practice — regulations like this are reviewed periodically and either renewed, replaced, or allowed to expire.\n\n**Why it matters:** The Snowy scheme is one of Australia's most significant pieces of infrastructure. How it is governed and structured has implications for energy generation, water management, and public accountability across NSW, Victoria, and the ACT."}},"importantCases":[],"_links":{"self":"/api/acts/snowy-hydro-corporatisation-regulation-2019","history":"/api/acts/snowy-hydro-corporatisation-regulation-2019/history","analysis":"/api/acts/snowy-hydro-corporatisation-regulation-2019/analysis","conflicts":"/api/acts/snowy-hydro-corporatisation-regulation-2019/conflicts","importantCases":"/api/acts/snowy-hydro-corporatisation-regulation-2019/important-cases","documents":"/api/acts/snowy-hydro-corporatisation-regulation-2019/documents"}}