28Competitive tenders for LTES agreements—the Act, s 47(3)(a)

28 Competitive tenders for LTES agreements—the Act, s 47(3)(a)

28 Competitive tenders for LTES agreements—the Act, s 47(3)(a)

(1) A person may not make a tender bid in a competitive tender for an LTES agreement for infrastructure if—

(a) the infrastructure is not connected, or proposed to be connected, to network infrastructure in the NSW region, or

(b) an access right for the infrastructure has already been conferred on the person under an access scheme as a result of a competitive tender conducted by the consumer trustee.

(2) Subclause (1)(b) does not apply if the consumer trustee is satisfied there are exceptional circumstances.

(2A) A person may not make a tender bid in a competitive tender for an LTES agreement for generation infrastructure if the infrastructure involves generation from wood waste from timber native to Australia.

(2B) A person may not make a tender bid in a competitive tender for an LTES agreement for firming infrastructure if the infrastructure involves electricity generated from biomass from timber native to Australia.

(2C) A person may not make a tender bid in a competitive tender for an LTES agreement for infrastructure if—

(a) an access right for the infrastructure has already been conferred on the person under an access scheme other than by a competitive tender conducted by the consumer trustee, and

(b) the infrastructure project has achieved the finance and construction criteria.

(3) In this clause—

exceptional circumstances means circumstances specified by the consumer trustee before conducting the competitive tender.

cl 28: Ins 2022 (366), Sch 1[8]. Am 2022 (687), sec 3(1); 2024 (96), Sch 1[8] [9].