Energy (Infrastructure Facilitation) Regulation 2024

This regulation may be cited as the Energy (Infrastructure Facilitation) Regulation 2024.

The dictionary in schedule 2 defines particular words used in this regulation.

For section 86(4)(c) of the Act, the total amount of work performed by an individual at 1 or more publicly owned coal-fired power stations prescribed is the amount equivalent to—

80% of the total work performed by the individual during a continuous 36 month period ending on the application day for the individual; or

100% of the total work performed by the individual during a continuous 24 month period ending on the application day for the individual.

For section 86(5) of the Act, definition prescribed facility, paragraph (b), the following facilities are prescribed—

Kogan Creek Mine;

Meandu Mine.

For section 90(4) of the Act, the following categories of costs are prescribed—

for affected energy GOC workers—

personalised support service costs; and

skills support costs; and

relocation support costs; and

worker mobility support costs; and

sector transition support costs;

for relevant prescribed energy workers and affected energy contractors—

personalised support service costs; and

skills support costs (co-funded); and

relocation support costs (co-funded);

retention payments and incentives mentioned in section 89(b) of the Act;

the costs of administering the fund.

However, a category of costs mentioned in subsection (1) does not include costs to the extent an amount is payable to a worker under an employment agreement, policy or other entitlement.

For section 90(5)(b) of the Act, a payment from the fund may be paid—

for a category of costs mentioned in subsection (1)(a) or (b)—

to a public sector entity under the Public Sector Act 2022, section 8; or

to a publicly owned energy business; or

to an affected energy worker mentioned in the subsection; or

for a category of costs mentioned in subsection (1)(c)—to the entity that operates the publicly owned coal-fired power station.

In this section—

affected energy contractor see section 86(4) of the Act.

affected energy GOC worker see section 86(2) of the Act.

personalised support service costs means the reasonable costs of providing support in relation to an affected energy worker having regard to the worker’s individual circumstances, including, for example, mental health support, financial and career planning, mentoring or job-seeking support.

prescribed energy worker see section 86(3) of the Act.

prescribed facility see section 86(5) of the Act.

publicly owned energy business means a GOC or government company carrying out activities relating to—

the electricity industry under the Electricity Act 1994, section 21; or

the national electricity market under the National Electricity (Queensland) Law, section 2(1).

relevant prescribed energy worker means an individual who is a prescribed energy worker, if—

the total amount of work performed by the individual at 1 or more prescribed facilities meets or exceeds—

80% of the total work performed by the individual during a continuous 36 month period ending on the application day for the individual; or

100% of the total work performed by the individual during a continuous 24 month period ending on the application day for the individual; and

the individual performs work under a contract entered into directly with the operator of the prescribed facility.

relocation support costs means the reasonable costs of relocating an affected energy worker and the worker’s spouse and dependants.

relocation support costs (co-funded) means relocation support costs of up to $8,000 in total for each affected energy worker, if the relocation is reasonably necessary for the worker to obtain employment.

sector transition support costs means the reasonable costs for providing financial support or incentives to enable or incentivise an affected energy worker to transition to employment in a sector other than the sector in which the worker is or was performing work as an affected energy worker.

skills support costs means the reasonable costs for providing the following support to assist an affected energy worker in obtaining employment in the energy industry or another industry—

training, including training provided by a registered training organisation under the National Vocational Education and Training Regulator Act 2011 (Cwlth);

financial support for obtaining licences or other qualifications.

skills support costs (co-funded) means skills support costs of up to $15,000 in total for each affected energy worker.

worker mobility support costs means the reasonable costs for providing financial support to assist an affected energy worker in undertaking temporary work placements or other short-term employment opportunities for the purpose of gaining skills or experience.

For section 90(3)(d) of the Act, in making a payment from the fund in relation to relocation support costs (co-funded) or skills support costs (co-funded) under section 5 for an affected energy worker, the chief executive and under-Treasurer must have regard to the extent to which another entity proposes to contribute to the costs in relation to the worker.

This section prescribes requirements, for section 90(5)(a) of the Act, that must be complied with by an entity mentioned in section 5(3) that receives, in a financial year, an amount paid directly from the fund.

Example—

An amount is paid from the fund to a GOC for personalised support service costs for the GOC’s affected energy GOC workers. The GOC is the entity receiving the amount directly from the fund, and not each individual affected energy GOC worker.

The recipient must, by 30 September after the end of the financial year, give the chief executive a report containing a summary of how the payment has been used during the financial year.Maximum penalty—10 penalty units.

The report must include the following for the financial year—

the total amount of funds received;

the purpose for which amounts were paid from the fund;

the amount of any unspent funds;

any other details required under the guideline mentioned in section 91 of the Act.

For section 18 of the Act, definition assessment documents, each of the documents mentioned in subsection (2) is declared to be an assessment document, other than to the extent the document relates to a dispute about the application or reapplication of the regulatory investment test for transmission.

The documents are—

the document called ‘Regulatory investment test for transmission’, dated November 2024, developed and published by the AER under the National Electricity Rules, clause 5.15A.1(a); and

the document called ‘Cost benefit analysis guidelines’, dated November 2024, developed and published by the AER under the National Electricity Rules, clause 5.22.5(a); and

the document called ‘Regulatory investment test for transmission / Application guidelines’, dated November 2024, developed and published by the AER under the National Electricity Rules, clause 5.16.2(a).

Note—

The documents mentioned in subsection (2) are available on the AER’s website.

The project described in former section 9(e) continues, from the commencement of this section, to be prescribed as an eligible priority transmission investment for section 20(1) of the Act.

In this section—

former section 9(e) means section 9(e) as in force immediately before the commencement of this section.

For section 33(4) of the Act, the provisions of the National Electricity Rules mentioned in schedule 1 apply in relation to a priority transmission investment with the modifications stated in schedule 1.

The purpose of this part is to prescribe financial matters associated with priority transmission investments under section 28 of the Act.

Division 2, subdivision 2 makes provision for a primary PTI allowance direction if the anticipated start date for the priority transmission investment occurs during a regulatory control period that has already started, to ensure the following revenue determinations account for the investment—

the existing revenue determination for the regulatory control period;

if required, the revenue determinations for the 2 regulatory control periods immediately following the period mentioned in paragraph (a).

Division 2, subdivision 3 makes provision for a primary PTI allowance direction if the anticipated start date for the priority transmission investment occurs during the regulatory control period starting immediately after the regulatory control period during which the direction is given, to ensure the following revenue determinations account for the investment—

the revenue determination for the regulatory control period during which the anticipated start date occurs;

if required, the revenue determination for the regulatory control period immediately following the period mentioned in paragraph (a).

Divisions 3 and 4 provide for the giving of a regulatory asset base allocation direction or material change PTI direction for adjusting, or further adjusting, Powerlink’s regulatory asset base to account for a priority transmission investment when making or amending a revenue determination.

Also, this part provides, under section 28(1)(d) of the Act, for the actions the AER must take in relation to Powerlink’s revenue determination or regulatory asset base if Powerlink acts under a requirement or direction mentioned in that provision.

In this part—

anticipated completion date, for a priority transmission investment, means the anticipated date for completion of construction of the investment mentioned in section 26(5)(d) of the Act, as stated in a direction given under that section.

anticipated start date, for a priority transmission investment, means the anticipated date by which Powerlink will commence constructing the investment mentioned in section 26(5)(c) of the Act, as stated in a direction given under that section.

material change PTI direction see section 38(5).

primary PTI allowance direction see section 15(3).

regulatory asset base allocation direction see section 34(2).