Electricity Transmission Regulations 1996

Subject to regulation 13, unless otherwise agreed by the applicant and the corporation, the corporation must make an access offer to provide to the applicant the access services requested in an access application —

within 65 business days of the corporation receiving the access application; or

if a longer period for making the access offer is specified in the corporation’s response to the applicant under regulation 8(5), then within that longer period.

If the corporation makes a request for information under regulation 9(1) to an applicant, then the period referred to in subregulation (1) ceases to run until the information requested by the corporation is received by the corporation.

An access offer must —

subject to paragraphs (e) and (f), be for the access services requested in the access application in response to which it is made and be consistent with any technical parameters specified in that access application;

be in writing and contain the proposed terms and conditions on which the corporation will provide the access services, including terms and conditions of the kind set out in Schedule 3;

specify how the charges for the access services requested in the access application are to be calculated and how the fees used in calculating those charges are to be determined;

be consistent with the Act, these regulations and the Technical Code; and

to the extent that it contains terms and conditions, or sets fees and charges other than those in the fee schedule, be fair and reasonable and consistent with good electricity industry practice.

If the corporation believes that the requirements of the person making an access application would be met by the corporation providing one or more different access services (called the alternative services) to those requested in the access application, then the corporation may, in addition, make an offer in accordance with subregulation (3)(a), (c), (d), (e) and (f) in relation to those alternative services.

To avoid doubt —

subject to subregulation (3)(b), an access offer may contain terms and conditions which differ from those contained in the relevant access application;

an access agreement may contain terms and conditions which differ from those contained in the relevant access offer; and

subject to regulation 46, an access offer and an access agreement may contain terms and conditions (including terms and conditions related to fees and charges) which differ from those contained in another access offer or access agreement for any reason, including —

to reflect the provisions of these regulations;

the quantities in which the relevant access services are to be supplied or are supplied;

because of the different nature of the plant or equipment required to provide the relevant access services;

the geographical and electrical location of the relevant connections;

the periods for which the relevant access services are supplied;

the electricity transmission capacity required to provide the relevant access services;

the characteristics of the relevant load or generation; and

the performance characteristics at which the relevant access services are provided.

If —

a corporation makes an access offer to an applicant; and

the corporation and the applicant have not entered into an access agreement in relation to the access services which are the subject of the access offer within the relevant period determined in accordance with subregulation (7),

The relevant period for the purposes of subregulation (6) is a period of 20 business days (or such longer period as the corporation may agree with the applicant) following the day on which the access offer is made.

The provision of access services by a corporation under an access agreement is subject to the following conditions precedent —

the corporation or the user gaining environmental and planning approvals for any necessary augmentation to the electricity transmission network or the design, construction, installation and commissioning of any exempt connection contemplated by the access agreement;

the corporation gaining the approval of the Minister under section 68 of the Electricity Corporations Act 2005, if required; and

the entry into of a connection agreement with the corporation by such of the controllers as the corporation requires in relation to the connection (in form and substance satisfactory to the corporation, acting reasonably), if the person with which the corporation enters into the access agreement is not the controller or is not the only controller in respect of a connection which is the subject of the access agreement.

If —

a corporation makes an access offer; and

one or more of the connections to which the access offer relates is an exempt connection,

inform the applicant that the applicant may choose not to have the connection services at the exempt connection provided by the corporation; and

contain the proposed terms and conditions on which the corporation will —

if the applicant chooses not to have the corporation provide the connection services at the exempt connection, augment the electricity transmission network to the extent necessary to permit the transfer of electricity between the electricity transmission network and the exempt connection; or

if the applicant chooses to have the corporation provide the connection services at the exempt connection, augment the electricity transmission network and provide the connection services at the exempt connection,