National Electricity (New South Wales) Regulation 2022
5DModification of National Electricity Rules—cost pass through
Start here
Get a plain-English read of 5D
Turn the raw legal text into a practical explanation grounded in National Electricity (New South Wales) Regulation 2022.
5D Modification of National Electricity Rules—cost pass through
5D Modification of National Electricity Rules—cost pass through
For the Act, section 9(3), the National Electricity Rules are modified as follows—
(a) omit “and” from Chapter 6A, Part C, rule 6A.7, clause 6A.7.3(a1)(4),
(b) insert after clause 6A.7.3(a1)(4)—
(4a) an event requiring an increase or decrease in the amount of a strategic benefit payment under the Electricity Supply Act 1995, as a result of—
(i) a back payment arrangement following a new determination of native title within the meaning of the Native Title Act 1993 of the Commonwealth; or
(ii) a back payment arrangement following a new grant under the Aboriginal Land Rights Act 1983; or
(iii) a person becoming, or ceasing to be, an Eligible Owner of Affected Land Title within the meaning of the strategic benefit payment guidelines issued under the Electricity Supply Act 1995, Schedule 2, clause 6(2)(i)(i); and
(c) insert after clause 6A.7.3(a)—
(b1) For paragraph (a), a pass through event under subparagraph (a1)(4a) is taken to be a positive change event if it is an event which entails the Transmission Network Service Provider incurring higher costs in providing prescribed transmission services than the provider would have incurred but for the event, even if the costs are not materially higher, but does not include a contingent project and the contingent project’s associated trigger event.
(d) insert after clause 6A.7.3(b)—
(c1) For paragraph (b), a pass through event under subparagraph (a1)(4a) is taken to be a negative change event if it is an event which entails the Transmission Network Service Provider incurring lower costs in providing prescribed transmission services than the provider would have incurred but for the event, even if the costs are not materially lower.
s 5D: Ins 2026 (113), Sch 4.