1
Name of regulation
1 Name of regulation
1 Name of regulation
This regulation is the Energy and Utilities Administration Regulation 2026.
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New South Wales regulation
What this instrument is: The Energy and Utilities Administration Regulation 2026 is a New South Wales subordinate regulation. The uploaded text contains only administrative metadata — it is marked "Current from 21/08/2026" and is noted as "due to be automatically repealed... on 1 September 2031" — but the file you provided does not include the regulation's operative clauses (the duties, powers, fees or penalties) so the specific obligations and exactly who is regulated are not shown. This is legal information, not legal advice; get a qualified Australian lawyer to check before relying on it.
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Direct links to the current provisions in Energy and Utilities Administration Regulation 2026.
1 Name of regulation
This regulation is the Energy and Utilities Administration Regulation 2026.
2 Commencement
This regulation commences on the day on which this regulation is published on the NSW legislation website.
Note—
This regulation repeals and replaces the Energy and Utilities Administration Regulation 2021, which would otherwise be repealed on 1 September 2026 by the Subordinate Legislation Act 1989, section 10(2).
3 Definitions
In this regulation—
chairperson, for Schedule 1—see Schedule 1, section 1.
committee means a committee established by the Minister in accordance with the Act, section 34W.
deputy chairperson, for Schedule 1—see Schedule 1, section 1.
interest, for Schedule 1, Part 4—see Schedule 1, section 1.
meeting, for Schedule 1—see Schedule 1, section 1.
member, for Schedule 1—see Schedule 1, section 1.
the Act means the Energy and Utilities Administration Act 1987.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
4 Membership and procedures of committees—the Act, s 34W(3)
Schedule 1 contains provisions relating to the membership and procedures of committees.
5 Repeal and savings
(1) The Energy and Utilities Administration Regulation 2021 is repealed.
(2) An act, matter or thing that, immediately before the repeal of the Energy and Utilities Administration Regulation 2021, had effect under that regulation continues to have effect under this regulation.
Schedule 1 Provisions relating to membership and procedures of committees
section 4
Part 1 General
1 Definitions
In this schedule—
chairperson means the chairperson of the relevant committee.
deputy chairperson means the deputy chairperson of the relevant committee.
interest, for Part 4—see section 14.
meeting means a meeting of the relevant committee.
member means a member of the relevant committee.
Part 2 Membership
2 Members
(1) A committee must consist of the following members—
(a) the chairperson,
(b) the deputy chairperson,
(c) at least 1, but no more than 7, other members.
(2) Each member must be appointed by the Minister by written instrument.
(3) Each member may be appointed to a full-time office or a part-time office.
3 Terms of office
(1) A member holds office for the period specified by the instrument appointing the member.
(2) The period must not be more than 5 years.
(3) The member may, if otherwise eligible, be re-appointed.
4 Vacancy in office
(1) A member vacates office if the member—
(a) dies, or
(b) completes a term of office and is not re-appointed, or
(c) resigns by giving written notice to the Minister, or
(d) is removed from office by the Minister, or
(e) is absent from 3 consecutive meetings of the committee of which reasonable notice has been given to the member personally or by post, or
(f) becomes personally insolvent, or
(g) becomes a mentally incapacitated person, or
(h) is convicted of—
(i) a serious offence, or
(ii) an offence that would be a serious offence if committed in New South Wales.
(2) An absence of a member from a meeting must not be counted for subsection (1)(e) if the Minister—
(a) authorised the member’s absence, or
(b) within 4 weeks after the meeting—excused the member’s absence.
(3) In this section—
serious offence means an offence punishable in New South Wales by imprisonment for 12 months or more.
5 Filling of vacancy in office
The Minister must take reasonable steps to fill a vacancy in the office of a member.
6 Remuneration
(1) The Minister may decide a member must be paid the following—
(a) remuneration, as determined by the Minister,
(b) allowances to reimburse expenses the member incurs in the exercise of the member’s functions.
Examples—
travel or accommodation expenses
(2) When determining the remuneration to be paid under subsection (1)(a), the Minister must consider the guidelines titled Classification and Remuneration Framework for NSW Government Boards and Committees published by the Public Service Commission.
7 Role of deputy chairperson
(1) In the absence of the chairperson, the deputy chairperson may act in the place of the chairperson.
(2) While acting, the deputy chairperson has the chairperson’s functions.
Part 3 Meetings and procedure
8 General procedure
A committee may decide—
(a) how meetings must be called, and
(b) how business must be conducted at meetings.
9 Meetings
(1) A meeting may be conducted—
(a) in person, or
(b) remotely, or
(c) in person with some members attending remotely.
(2) A meeting conducted remotely, or in person with some members attending remotely, must be conducted in a way that ensures a member speaking on a matter at the meeting can be heard by the other members.
10 Quorum
The quorum for a meeting is a majority of the members.
11 Presiding member
The presiding member at a meeting is—
(a) the chairperson, or
(b) if the chairperson is absent—the deputy chairperson, or
(c) if the chairperson and the deputy chairperson are absent—another member elected by the members attending the meeting.
12 Decisions and voting
(1) A resolution at a meeting is a decision of the committee if the resolution is supported by a majority of the votes cast at the meeting.
(2) A decision of the committee, including reasons for the decision, must be recorded in the minutes of the committee.
13 Conducting business outside meetings
(1) A committee may conduct business by the circulation of papers, whether electronically or otherwise, among all members.
(2) The committee may, if conducting business by the circulation of papers, make a decision by written resolution approved by a majority of the members in writing.
(3) A member has the same voting rights when approving a written resolution as the member would have at a meeting.
(4) A decision of the committee under subsection (2), including reasons for the decision, must be recorded in the minutes of the committee.
Part 4 Disclosure of interests
14 Definition
In this part—
interest means a pecuniary or other interest.
15 Disclosure of interests
(1) A member attending a meeting must make a disclosure if—
(a) the member has an interest in a matter being considered or about to be considered at the meeting, and
(b) the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter.
(2) The member must make the disclosure as soon as practicable after the relevant facts have come to the member’s knowledge.
(3) The member must disclose the nature of the interest.
(4) A member is taken to have an interest in a matter if one or more of the following have an interest in the matter—
(a) a relative of the member,
(b) a partner or employer of the member,
(c) a company or other body of which the member, or a nominee, partner or employer of the member, is a member.
(5) To avoid doubt, a member is not taken to have an interest in a matter merely because the member—
(a) is a director of, or employed by, a statutory body, or
(b) is employed by the Crown, or
(c) is a member of a company or other body with an interest in the matter, but only if the member has no beneficial interest in shares of the company or body.
(6) In this section—
relative, of a member, means—
(a) a spouse or de facto partner of the member, or
(b) a parent, child, sibling or step-sibling of the member or of the member’s spouse or de facto partner, or
(c) another person with whom the member has an intimate personal relationship.
16 Standing disclosures
(1) A member may disclose at a meeting that the member—
(a) for a specified company or body—
(i) is a director of the company or body, or
(ii) is employed by the company or body, or
(iii) has some other specified interest relating to the company or body, or
(b) for a specified person—
(i) is a partner of the person, or
(ii) is employed by the person, or
(iii) has some other specified interest relating to the person.
(2) The disclosure is, for this part, a sufficient disclosure of the nature of a member’s interest in a matter relating to the company, body or person.
17 Members not to participate in relation to certain matters
(1) A member who makes a disclosure under this part in relation to an interest in a matter must not, unless the committee otherwise determines—
(a) be present when the committee considers the matter, or
(b) take part in a decision about the matter.
(2) For a determination under subsection (1), the member must not—
(a) be present when the committee considers making the determination, or
(b) take part in the making of the determination.
(3) A contravention of this section does not invalidate a decision of the committee.
18 Records about disclosures
(1) The committee must record particulars of a disclosure made under this part in a document kept for the purpose.
(2) The document must be made available to a person for inspection on the person’s request.
Part 5 Miscellaneous
19 Code of conduct
(1) The Minister may—
(a) approve a code of conduct for a committee, and
(b) authorise changes to the code of conduct, including changes recommended by the committee.
(2) The code of conduct may identify conduct likely to bring the committee or the committee’s members into disrepute.
(3) It is a condition of the appointment of a member to whom the code of conduct applies that the member comply with the code of conduct.
(4) The Minister may remove a member who has contravened a provision of the code of conduct if the provision is identified as a termination provision.
(5) In this section—
conduct includes an act or omission.
20 Subcommittees
(1) A committee may, on the initiative of the committee or at the request of the Minister, establish a subcommittee to assist the committee in the exercise of the committee’s functions.
(2) The committee or, if the committee allows, the subcommittee may decide—
(a) how meetings of the subcommittee must be called, and
(b) how business must be conducted at meetings of the subcommittee.
(3) The committee may delegate one or more of the committee’s functions, other than this power of delegation, to the subcommittee.
(4) The committee may establish more than one subcommittee.
21 Part 4 extends to subcommittees
Part 4 applies to a subcommittee and a member of the subcommittee in the same way as the part applies to a committee and a member of the committee.
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of regulation
This regulation is the Energy and Utilities Administration Regulation 2026.
2 Commencement
This regulation commences on the day on which this regulation is published on the NSW legislation website.
Note—
This regulation repeals and replaces the Energy and Utilities Administration Regulation 2021, which would otherwise be repealed on 1 September 2026 by the Subordinate Legislation Act 1989, section 10(2).
3 Definitions
In this regulation—
chairperson, for Schedule 1—see Schedule 1, section 1.
committee means a committee established by the Minister in accordance with the Act, section 34W.
deputy chairperson, for Schedule 1—see Schedule 1, section 1.
interest, for Schedule 1, Part 4—see Schedule 1, section 1.
meeting, for Schedule 1—see Schedule 1, section 1.
member, for Schedule 1—see Schedule 1, section 1.
the Act means the Energy and Utilities Administration Act 1987.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
4 Membership and procedures of committees—the Act, s 34W(3)
Schedule 1 contains provisions relating to the membership and procedures of committees.
5 Repeal and savings
(1) The Energy and Utilities Administration Regulation 2021 is repealed.
(2) An act, matter or thing that, immediately before the repeal of the Energy and Utilities Administration Regulation 2021, had effect under that regulation continues to have effect under this regulation.
Schedule 1 Provisions relating to membership and procedures of committees
section 4
Part 1 General
1 Definitions
In this schedule—
chairperson means the chairperson of the relevant committee.
deputy chairperson means the deputy chairperson of the relevant committee.
interest, for Part 4—see section 14.
meeting means a meeting of the relevant committee.
member means a member of the relevant committee.
Part 2 Membership
2 Members
(1) A committee must consist of the following members—
(a) the chairperson,
(b) the deputy chairperson,
(c) at least 1, but no more than 7, other members.
(2) Each member must be appointed by the Minister by written instrument.
(3) Each member may be appointed to a full-time office or a part-time office.
3 Terms of office
(1) A member holds office for the period specified by the instrument appointing the member.
(2) The period must not be more than 5 years.
(3) The member may, if otherwise eligible, be re-appointed.
4 Vacancy in office
(1) A member vacates office if the member—
(a) dies, or
(b) completes a term of office and is not re-appointed, or
(c) resigns by giving written notice to the Minister, or
(d) is removed from office by the Minister, or
(e) is absent from 3 consecutive meetings of the committee of which reasonable notice has been given to the member personally or by post, or
(f) becomes personally insolvent, or
(g) becomes a mentally incapacitated person, or
(h) is convicted of—
(i) a serious offence, or
(ii) an offence that would be a serious offence if committed in New South Wales.
(2) An absence of a member from a meeting must not be counted for subsection (1)(e) if the Minister—
(a) authorised the member’s absence, or
(b) within 4 weeks after the meeting—excused the member’s absence.
(3) In this section—
serious offence means an offence punishable in New South Wales by imprisonment for 12 months or more.
5 Filling of vacancy in office
The Minister must take reasonable steps to fill a vacancy in the office of a member.
6 Remuneration
(1) The Minister may decide a member must be paid the following—
(a) remuneration, as determined by the Minister,
(b) allowances to reimburse expenses the member incurs in the exercise of the member’s functions.
Examples—
travel or accommodation expenses
(2) When determining the remuneration to be paid under subsection (1)(a), the Minister must consider the guidelines titled Classification and Remuneration Framework for NSW Government Boards and Committees published by the Public Service Commission.
7 Role of deputy chairperson
(1) In the absence of the chairperson, the deputy chairperson may act in the place of the chairperson.
(2) While acting, the deputy chairperson has the chairperson’s functions.
Part 3 Meetings and procedure
8 General procedure
A committee may decide—
(a) how meetings must be called, and
(b) how business must be conducted at meetings.
9 Meetings
(1) A meeting may be conducted—
(a) in person, or
(b) remotely, or
(c) in person with some members attending remotely.
(2) A meeting conducted remotely, or in person with some members attending remotely, must be conducted in a way that ensures a member speaking on a matter at the meeting can be heard by the other members.
10 Quorum
The quorum for a meeting is a majority of the members.
11 Presiding member
The presiding member at a meeting is—
(a) the chairperson, or
(b) if the chairperson is absent—the deputy chairperson, or
(c) if the chairperson and the deputy chairperson are absent—another member elected by the members attending the meeting.
12 Decisions and voting
(1) A resolution at a meeting is a decision of the committee if the resolution is supported by a majority of the votes cast at the meeting.
(2) A decision of the committee, including reasons for the decision, must be recorded in the minutes of the committee.
13 Conducting business outside meetings
(1) A committee may conduct business by the circulation of papers, whether electronically or otherwise, among all members.
(2) The committee may, if conducting business by the circulation of papers, make a decision by written resolution approved by a majority of the members in writing.
(3) A member has the same voting rights when approving a written resolution as the member would have at a meeting.
(4) A decision of the committee under subsection (2), including reasons for the decision, must be recorded in the minutes of the committee.
Part 4 Disclosure of interests
14 Definition
In this part—
interest means a pecuniary or other interest.
15 Disclosure of interests
(1) A member attending a meeting must make a disclosure if—
(a) the member has an interest in a matter being considered or about to be considered at the meeting, and
(b) the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter.
(2) The member must make the disclosure as soon as practicable after the relevant facts have come to the member’s knowledge.
(3) The member must disclose the nature of the interest.
(4) A member is taken to have an interest in a matter if one or more of the following have an interest in the matter—
(a) a relative of the member,
(b) a partner or employer of the member,
(c) a company or other body of which the member, or a nominee, partner or employer of the member, is a member.
(5) To avoid doubt, a member is not taken to have an interest in a matter merely because the member—
(a) is a director of, or employed by, a statutory body, or
(b) is employed by the Crown, or
(c) is a member of a company or other body with an interest in the matter, but only if the member has no beneficial interest in shares of the company or body.
(6) In this section—
relative, of a member, means—
(a) a spouse or de facto partner of the member, or
(b) a parent, child, sibling or step-sibling of the member or of the member’s spouse or de facto partner, or
(c) another person with whom the member has an intimate personal relationship.
16 Standing disclosures
(1) A member may disclose at a meeting that the member—
(a) for a specified company or body—
(i) is a director of the company or body, or
(ii) is employed by the company or body, or
(iii) has some other specified interest relating to the company or body, or
(b) for a specified person—
(i) is a partner of the person, or
(ii) is employed by the person, or
(iii) has some other specified interest relating to the person.
(2) The disclosure is, for this part, a sufficient disclosure of the nature of a member’s interest in a matter relating to the company, body or person.
17 Members not to participate in relation to certain matters
(1) A member who makes a disclosure under this part in relation to an interest in a matter must not, unless the committee otherwise determines—
(a) be present when the committee considers the matter, or
(b) take part in a decision about the matter.
(2) For a determination under subsection (1), the member must not—
(a) be present when the committee considers making the determination, or
(b) take part in the making of the determination.
(3) A contravention of this section does not invalidate a decision of the committee.
18 Records about disclosures
(1) The committee must record particulars of a disclosure made under this part in a document kept for the purpose.
(2) The document must be made available to a person for inspection on the person’s request.
Part 5 Miscellaneous
19 Code of conduct
(1) The Minister may—
(a) approve a code of conduct for a committee, and
(b) authorise changes to the code of conduct, including changes recommended by the committee.
(2) The code of conduct may identify conduct likely to bring the committee or the committee’s members into disrepute.
(3) It is a condition of the appointment of a member to whom the code of conduct applies that the member comply with the code of conduct.
(4) The Minister may remove a member who has contravened a provision of the code of conduct if the provision is identified as a termination provision.
(5) In this section—
conduct includes an act or omission.
20 Subcommittees
(1) A committee may, on the initiative of the committee or at the request of the Minister, establish a subcommittee to assist the committee in the exercise of the committee’s functions.
(2) The committee or, if the committee allows, the subcommittee may decide—
(a) how meetings of the subcommittee must be called, and
(b) how business must be conducted at meetings of the subcommittee.
(3) The committee may delegate one or more of the committee’s functions, other than this power of delegation, to the subcommittee.
(4) The committee may establish more than one subcommittee.
21 Part 4 extends to subcommittees
Part 4 applies to a subcommittee and a member of the subcommittee in the same way as the part applies to a committee and a member of the committee.