NSWIn ForceAct
Electricity Supply Act 1995
144Waiver, suspension or reduction of obligations in emergencies
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#### 144 Waiver, suspension or reduction of obligations in emergencies
144 Waiver, suspension or reduction of obligations in emergencies
> > (1) The Minister may, by order published in the Gazette, waive, or suspend for a specified period, the obligation of a scheme participant to meet its individual certificate target or remedy a carried forward shortfall.
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> > (2) The Minister may make an order under subclause (1) only if it appears to the Minister that a scheme participant is or will be unable to meet its individual certificate target or remedy the carried forward shortfall because of—
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> > > (a) a systems or other failure of the register of certificates, or
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> > > (b) another emergency affecting the integrity of the peak demand reduction scheme or the register of certificates.
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> > (3) The Minister may, by order published in the Gazette, reduce the individual certificate target of a small retailer by a specified amount for a specified compliance period if it appears to the Minister that the small retailer is or will be unable to meet the individual certificate target because of an emergency affecting the State or part of the State.
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> > (4) An order under subclause (1) or (3) may—
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> > > (a) be made subject to conditions, and
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> > > (b) apply to all scheme participants or to a specified class of participants, and
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> > > (c) specify the effect of the waiver or suspension on other rights conferred or obligations imposed under this Part.
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> > (5) An order under subclause (1) or (3) takes effect on—
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> > > (a) the day on which it is published in the Gazette, or
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> > > (b) a later day specified in the order.
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> > (6) In this clause—
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> > small retailer means a scheme participant who, in the 12 months specified in the order under subclause (3)—
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> > > (a) supplies electricity to no more than 5,000 end users in this State, and
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> > > (b) makes liable acquisitions not exceeding 30,000 megawatt hours of electricity.