74Exemption when complying with directions under National Electricity Rules

74 Exemption when complying with directions under National Electricity Rules

74 Exemption when complying with directions under National Electricity Rules

(1) An occupier of premises is exempt from the Act, section 128 for emissions occurring during a prescribed period if—

(a) the premises are licensed for the Scheduled activity of electricity generation, and

(b) the emissions occur from plant on the premises, and

(c) the emissions occur as a result of a LOR 2 or above direction for the NSW region, and

(d) the occupier notifies the EPA of the direction and the relevant LOR 2 or above condition as soon as practicable.

(2) In this section—

AEMO means the Australian Energy Market Operator.

LOR 2 or above condition means a lack of reserve (LOR) condition that is—

(a) declared by the AEMO under the National Electricity Rules, clause 4.8.4, and

(b) an actual LOR 2 condition or an actual LOR 3 condition.

LOR 2 or above direction means a direction given by the AEMO under the National Electricity Rules, clause 4.8.9 in response to a LOR 2 or above condition.

prescribed period means—

(a) the period during which both the LOR 2 or above direction and the LOR 2 or above condition are both in force, and

(b) the period of up to 12 hours after the period in paragraph (a) while the electricity plant returns to normal operation.