Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actssubstitute
5B Meaning of renewable energy generator and renewable energy source
(1) In this Act:
"renewable energy generator" means an energy generator that generates electricity from a renewable energy source, and includes—
(a) a micro renewable energy generator; and
(b) a medium renewable energy generator.
"renewable energy source" means any of the following:
(a) solar;
(b) wind;
(c) any other source determined by the Minister.
(2) A determination is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
5C Meaning of capacity
(1) In this Act:
"capacity", of a renewable energy generator, means—
(a) if the generator is a solar photovoltaic generator—the rated power output of the panels of the generator; or
(b) if the Minister determines a method for measuring the capacity of a generator under subsection (2)—the capacity measured by the determined method.
(2) The Minister may determine the method for measuring the capacity of renewable energy generators.
Note Power to make a statutory instrument (including a regulation) includes power to make different provision for different categories (see Legislation Act, s 48).
(3) A determination is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
5D Meaning of medium renewable energy generator and micro renewable energy generator
In this Act:
"medium renewable energy generator" means a renewable energy generator that has a total capacity more than 30kW but not more than 200kW.
"micro renewable energy generator" means a renewable energy generator that has a total capacity not more than 30kW.
5E Meaning of compliant
(1) For this Act, a renewable energy generator is compliant if—
(a) the generator is installed on premises in the ACT; and
(b) when connected to the electricity distributor's network, it complies with the service and installation rules; and
(c) the total capacity of the generator, or the total capacity of all renewable energy generators installed on the premises, is not more than—
(i) 200kW; or
(ii) if the Minister determines another capacity under subsection (2)—the applicable determined capacity; and
(d) if the generator is a micro renewable generator—the generator is connected to the electricity distributor's network before the total capacity of all micro renewable energy generators connected to the network reaches—
(i) 15MW; or
(ii) if the Minister determines another capacity under subsection (3)—the determined capacity; and
(e) if the generator is a medium renewable generator—the generator is connected to the electricity distributor's network before the total capacity of all medium renewable energy generators connected to the network reaches—
(i) 15MW; or
(ii) if the Minister determines another capacity under subsection (3)—the determined capacity.
(2) The Minister may determine a total capacity for the following:
(a) micro renewable energy generators installed on premises;
(b) medium renewable energy generators installed on premises;
(c) all renewable energy generators installed on premises.
(3) The Minister may determine the total capacity for all micro and medium renewable energy generators connected to the electricity distributor's network.
(4) A determination is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
(5) In this section:
"service and installation rules" means the service and installation rules for connection to the electricity distribution network, as in force from time to time, made under a technical code, as in force from time to time, made under the Utilities Act 2000 .
Note Technical codes made under the Utilities Act 2000 are accessible at www.icrc.act.gov.au. The service and installation rules are accessible at www.actewagl.com.au.
5F Meaning of eligible entity
(1) In this Act:
"eligible entity"—
(a) means—
(i) if an incorporated association owns the premises on which a compliant renewable energy generator is installed—the incorporated association; or
(ii) if a cooperative owns the premises on which a compliant renewable energy generator is installed—the cooperative; or
(iii) if a person owns commercial or retail premises on which a compliant renewable energy generator is installed—the person; or
(iv) if a person (the lessee ) leases premises, or a part of premises, to install or operate a compliant renewable energy generator—the lessee; or
(v) in any other case—the occupier of premises on which a compliant renewable energy generator is installed; but
(b) does not include—
(i) a territory agency; or
(ii) a territory-owned corporation; or
(iii) the Commonwealth or a Commonwealth authority; or
(iv) an entity determined by the Minister.
(2) A determination is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
(3) In this section:
"commercial premises"—see the Leases (Commercial and Retail) Act 2001 , section 7 (1).
"Commonwealth authority" means any of the following (other than an educational institution):
(a) a corporation established for a public purpose under a Commonwealth Act;
(b) a company in which a controlling interest is held by any 1 of the following, or by 2 or more of the following together:
(i) the Commonwealth;
(ii) a corporation mentioned in paragraph (a);
(iii) an entity mentioned in subparagraph (i) or (ii).
"cooperative"—see the Cooperatives Act 2002 , dictionary.
"educational institution" means—
(a) a government school or school-related institution established under the Education Act 2004 , section 20; or
(b) a higher education provider; or
(c) a university.
"higher education provider"—see the Training and Tertiary Education Act 2003 , dictionary.
"incorporated association" means an association incorporated under the Associations Incorporation Act 1991 or a law of another jurisdiction corresponding, or substantially corresponding, to that Act.
"retail premises"—see the Leases (Commercial and Retail) Act 2001 , section 7 (2).
"territory agency" means any of the following (other than an educational institution):
(a) the Territory;
(b) a territory instrumentality, and any other corporation established for a public purpose under a territory law;
(c) a company in which a controlling interest is held by any 1 of the following, or by 2 or more of the following together:
(i) the Territory;
(ii) a Minister;
(iii) a corporation mentioned in paragraph (b);
(iv) a n entity mentioned in subparagraphs (i) to (iii).