sec.90FSouth Australian Minister may make Rules on recommendation of MCE and Energy Security Board

sec.90F South Australian Minister may make Rules on recommendation of MCE and Energy Security Board

The South Australian Minister may make Rules recommended by the MCE in accordance with subsection (2) . The MCE may only recommend the making of Rules under subsection (1) if— the Rules are for or with respect to any matter or thing referred to in section 34 and Schedule 1 to this Law; and the Energy Security Board has recommended to the MCE that it recommend the making of the Rules under subsection (1) . For the purposes of subsection (2) , references in section 34 (1) to the national electricity system will be taken to be references to the national electricity system or a local electricity system (as the context requires). The Energy Security Board may only make a recommendation for the purposes of subsection (2) (b) in relation to Rules if— the Rules are in connection with any of the following: energy security and reliability of the NEM or long-term planning for the NEM; energy security and reliability of a local electricity system or long-term planning for a local electricity system; and the Energy Security Board is satisfied that the Rules are consistent with the national electricity objective; and the Energy Security Board has undertaken consultation on the Rules in accordance with any requirements determined by the MCE. In considering whether Rules are consistent with the national electricity objective, the Energy Security Board must regard the reference in the national electricity objective to the national electricity system as a reference to— the national electricity system; or 1 or more, or all, of the local electricity systems; or all or any combination of the electricity systems referred to in paragraphs (a) and (b) , as the Energy Security Board considers appropriate in the circumstances, having regard to the nature, scope or operation of the Rules. Rules in the nature of a derogation may be made under this section even though there may not have been a request for a derogation. Rules made under subsection (1) may be differential Rules. Section 34 (3) applies to Rules made under subsection (1) in the same way as that section applies to Rules made by the AEMC. As soon as practicable after making Rules under this section, the South Australian Minister must— publish notice of the making of the Rules in the South Australian Government Gazette; and make the Rules publicly available. The notice referred to in subsection (9) (a) must state— the date on which the Rules commence operation; or if different Rules will commence operation on different dates, those dates. In this section— differential Rule means a Rule that: varies in its terms as between: the national electricity system; and 1 or more, or all, of the local electricity systems; or does not have effect with respect to 1 or more of those systems, but is not a jurisdictional derogation, participant derogation or Rule that has effect with respect to an adoptive jurisdiction for the purpose of section 91 (8) ; local electricity system means: an electricity system in this jurisdiction prescribed or declared in or under the application Act of this jurisdiction to be a local electricity system; and the generating systems and other facilities owned, controlled or operated in this jurisdiction connected to that local electricity system. s 90F ins 2018 No. 12 (SA) s 8 amd 2025 No. 61 (SA) sch 1 s 5 (sec.90F-ssec.1) The South Australian Minister may make Rules recommended by the MCE in accordance with subsection (2) . (sec.90F-ssec.2) The MCE may only recommend the making of Rules under subsection (1) if— the Rules are for or with respect to any matter or thing referred to in section 34 and Schedule 1 to this Law; and the Energy Security Board has recommended to the MCE that it recommend the making of the Rules under subsection (1) . (sec.90F-ssec.3) For the purposes of subsection (2) , references in section 34 (1) to the national electricity system will be taken to be references to the national electricity system or a local electricity system (as the context requires). (sec.90F-ssec.4) The Energy Security Board may only make a recommendation for the purposes of subsection (2) (b) in relation to Rules if— the Rules are in connection with any of the following: energy security and reliability of the NEM or long-term planning for the NEM; energy security and reliability of a local electricity system or long-term planning for a local electricity system; and the Energy Security Board is satisfied that the Rules are consistent with the national electricity objective; and the Energy Security Board has undertaken consultation on the Rules in accordance with any requirements determined by the MCE. (sec.90F-ssec.5) In considering whether Rules are consistent with the national electricity objective, the Energy Security Board must regard the reference in the national electricity objective to the national electricity system as a reference to— the national electricity system; or 1 or more, or all, of the local electricity systems; or all or any combination of the electricity systems referred to in paragraphs (a) and (b) , as the Energy Security Board considers appropriate in the circumstances, having regard to the nature, scope or operation of the Rules. (sec.90F-ssec.6) Rules in the nature of a derogation may be made under this section even though there may not have been a request for a derogation. (sec.90F-ssec.7) Rules made under subsection (1) may be differential Rules. (sec.90F-ssec.8) Section 34 (3) applies to Rules made under subsection (1) in the same way as that section applies to Rules made by the AEMC. (sec.90F-ssec.9) As soon as practicable after making Rules under this section, the South Australian Minister must— publish notice of the making of the Rules in the South Australian Government Gazette; and make the Rules publicly available. (sec.90F-ssec.10) The notice referred to in subsection (9) (a) must state— the date on which the Rules commence operation; or if different Rules will commence operation on different dates, those dates. (sec.90F-ssec.11) In this section— differential Rule means a Rule that: varies in its terms as between: the national electricity system; and 1 or more, or all, of the local electricity systems; or does not have effect with respect to 1 or more of those systems, but is not a jurisdictional derogation, participant derogation or Rule that has effect with respect to an adoptive jurisdiction for the purpose of section 91 (8) ; local electricity system means: an electricity system in this jurisdiction prescribed or declared in or under the application Act of this jurisdiction to be a local electricity system; and the generating systems and other facilities owned, controlled or operated in this jurisdiction connected to that local electricity system.