Energy (Infrastructure Facilitation) Act 2024
sec.67Application of ss 62 and 63 in relation to declared project
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sec.67 Application of ss 62 and 63 in relation to declared project
Section 62 applies in relation to a declared project as if each of the following rights relating to a designated network asset that is or is part of the transmission network or the part of the transmission network mentioned in section 64 (a) were an existing DNA right under section 62 , and as provided under subsection (2) — a right, whether conditional or unconditional, to receive a DNA service from the owner of the designated network asset that existed for the declared project immediately before the hub declaration for the regional energy hub was made; a right, whether conditional or unconditional, to receive a DNA service from the owner of the designated network asset that is acquired for the declared project within 12 months after the hub declaration for the regional energy hub was made; a right, whether conditional or unconditional, to receive a DNA service from the owner of the designated network asset that is— of a kind provided for under a submitted access policy; and acquired for the declared project under an approved access policy for the submitted access policy within 1 month after the access policy is approved by the AER. For subsection (1) — a submitted access policy may be dealt with by the AER under the National Electricity Rules as if the hub declaration for the regional energy hub had not been made; and an existing access policy or approved access policy for a submitted access policy— continues in effect under the National Electricity Rules to the extent necessary to confer or preserve a right mentioned in subsection (1) ; and is taken to be an existing access policy under section 62 even if it is approved by the AER under the National Electricity Rules after the hub declaration for the regional energy hub was made; and an agreement providing for connection and access to the designated network asset entered into in relation to a right mentioned in subsection (1) is taken to be an existing DNA agreement under section 62 even if it is entered into after the hub declaration for the regional energy hub was made. Also, section 63 applies in relation to an entity that may connect to and access the hub transmission network for the regional energy hub for the declared project under section 62 as applying under this section as if the reference to the opt-in period were a reference to the following period— the period of 13 months from when the hub declaration for the hub was made; if the entity may connect to and access the hub transmission network in relation to a right acquired under an approved access policy for a submitted access policy—the period of 2 months from when the access policy was approved by the AER under the National Electricity Rules. In this section— approved access policy , for a submitted access policy, means an access policy approved by the AER under the National Electricity Rules in relation to the submitted access policy. existing access policy means an access policy mentioned in section 64 (b) (iii) . submitted access policy means an access policy mentioned in section 64 (b) (iv) . s 67 amd 2025 No. 30 s 73 sch 1 (sec.67-ssec.1) Section 62 applies in relation to a declared project as if each of the following rights relating to a designated network asset that is or is part of the transmission network or the part of the transmission network mentioned in section 64 (a) were an existing DNA right under section 62 , and as provided under subsection (2) — a right, whether conditional or unconditional, to receive a DNA service from the owner of the designated network asset that existed for the declared project immediately before the hub declaration for the regional energy hub was made; a right, whether conditional or unconditional, to receive a DNA service from the owner of the designated network asset that is acquired for the declared project within 12 months after the hub declaration for the regional energy hub was made; a right, whether conditional or unconditional, to receive a DNA service from the owner of the designated network asset that is— of a kind provided for under a submitted access policy; and acquired for the declared project under an approved access policy for the submitted access policy within 1 month after the access policy is approved by the AER. (sec.67-ssec.2) For subsection (1) — a submitted access policy may be dealt with by the AER under the National Electricity Rules as if the hub declaration for the regional energy hub had not been made; and an existing access policy or approved access policy for a submitted access policy— continues in effect under the National Electricity Rules to the extent necessary to confer or preserve a right mentioned in subsection (1) ; and is taken to be an existing access policy under section 62 even if it is approved by the AER under the National Electricity Rules after the hub declaration for the regional energy hub was made; and an agreement providing for connection and access to the designated network asset entered into in relation to a right mentioned in subsection (1) is taken to be an existing DNA agreement under section 62 even if it is entered into after the hub declaration for the regional energy hub was made. (sec.67-ssec.3) Also, section 63 applies in relation to an entity that may connect to and access the hub transmission network for the regional energy hub for the declared project under section 62 as applying under this section as if the reference to the opt-in period were a reference to the following period— the period of 13 months from when the hub declaration for the hub was made; if the entity may connect to and access the hub transmission network in relation to a right acquired under an approved access policy for a submitted access policy—the period of 2 months from when the access policy was approved by the AER under the National Electricity Rules. (sec.67-ssec.4) In this section— approved access policy , for a submitted access policy, means an access policy approved by the AER under the National Electricity Rules in relation to the submitted access policy. existing access policy means an access policy mentioned in section 64 (b) (iii) . submitted access policy means an access policy mentioned in section 64 (b) (iv) .