Energy (Infrastructure Facilitation) Act 2024
sec.99Regulation-making power in relation to financial matters associated with declared stage
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sec.99 Regulation-making power in relation to financial matters associated with declared stage
The transmission determination, for the proponent of a declared stage of the CopperString project, that first applies to the stage must be— made in the way, and in accordance with the requirements, prescribed by regulation; or if an existing transmission determination for the proponent is to be amended to apply to the stage—amended in the way, and in accordance with the requirements, prescribed by regulation. A regulation made under subsection (1) may provide for matters to facilitate the making or amendment of the transmission determination, including, for example— declaring a regulatory control period for the proponent that is different from the regulatory control period that would apply under the National Electricity Rules; and declaring transmission services provided by the proponent in relation to the declared stage that are, or are taken to be, prescribed transmission services; and declaring, and providing for the adjustment of, the proponent’s regulatory asset base; and declaring the revenue that the proponent may earn for providing prescribed transmission services, or the way the revenue may be worked out. A regulation may provide for matters to facilitate the making of a transmission determination for the proponent of the declared stage, under the national electricity laws, for a regulatory control period starting after the regulatory control period to which the transmission determination mentioned in subsection (1) applies, including, for example— declaring, and providing for the adjustment of, the proponent’s regulatory asset base; and declaring the proponent’s forecast capital expenditure for the declared stage for the purpose of making the transmission determination. The Minister may recommend to the Governor in Council the making of a regulation under this section only if the Minister is satisfied the regulation is necessary and appropriate to achieve the purpose of this part by enabling the declared stage to be delivered in an efficient and coordinated way. In this section— regulatory control period has the meaning given by the National Electricity Rules. s 99 sub 2025 No. 30 s 58 (sec.99-ssec.1) The transmission determination, for the proponent of a declared stage of the CopperString project, that first applies to the stage must be— made in the way, and in accordance with the requirements, prescribed by regulation; or if an existing transmission determination for the proponent is to be amended to apply to the stage—amended in the way, and in accordance with the requirements, prescribed by regulation. (sec.99-ssec.2) A regulation made under subsection (1) may provide for matters to facilitate the making or amendment of the transmission determination, including, for example— declaring a regulatory control period for the proponent that is different from the regulatory control period that would apply under the National Electricity Rules; and declaring transmission services provided by the proponent in relation to the declared stage that are, or are taken to be, prescribed transmission services; and declaring, and providing for the adjustment of, the proponent’s regulatory asset base; and declaring the revenue that the proponent may earn for providing prescribed transmission services, or the way the revenue may be worked out. (sec.99-ssec.3) A regulation may provide for matters to facilitate the making of a transmission determination for the proponent of the declared stage, under the national electricity laws, for a regulatory control period starting after the regulatory control period to which the transmission determination mentioned in subsection (1) applies, including, for example— declaring, and providing for the adjustment of, the proponent’s regulatory asset base; and declaring the proponent’s forecast capital expenditure for the declared stage for the purpose of making the transmission determination. (sec.99-ssec.4) The Minister may recommend to the Governor in Council the making of a regulation under this section only if the Minister is satisfied the regulation is necessary and appropriate to achieve the purpose of this part by enabling the declared stage to be delivered in an efficient and coordinated way. (sec.99-ssec.5) In this section— regulatory control period has the meaning given by the National Electricity Rules.