192Recovery of distribution and transmission charges from green hydrogen producers

192 Recovery of distribution and transmission charges from green hydrogen producers

192 Recovery of distribution and transmission charges from green hydrogen producers

(1) The regulations may provide for a scheme that limits the recovery by a network service provider of charges from a person who uses or intends to use electricity to produce green hydrogen.

(2) The regulations may modify the application of, or disapply, a provision of the National Electricity (NSW) Law or the National Electricity Rules to the extent reasonably necessary to give effect to regulations made under subsection (1).

(3) The regulations may not have the effect of reducing the total revenue earned by a network service provider under a determination.

(4) Without limiting subsections (1)–(3), the regulations may deal with the following—

(a) specifying whether electricity is taken to be used to produce green hydrogen,

(b) providing that the Minister may require persons to give information to the Minister about—

(i) a network service provider’s pricing methodology or tariff structure for the sale of electricity to another person to produce green hydrogen, or

(ii) the production of green hydrogen, or

(iii) other information that the Minister may reasonably require to assist in exercising the Minister’s functions under this section, including for the purposes of determining whether a person is or continues to be subject to the scheme,

(c) limiting the operation of subsection (1) to either or both of the following—

(i) persons approved by the Minister,

(ii) persons who own facilities, or parts of facilities, approved by the Minister,

(d) prescribing eligibility criteria for applicants, and application requirements, for the Minister’s approval,

(e) matters relating to the granting and revocation of approvals.

(5) In this section—

determination means a distribution determination or transmission determination under the National Electricity (NSW) Law.