The COAG Energy Council Energy Working Group (EWG) conducted a consultation process to seek comments on the National Electricity Law (NEL) and National Gas Law Amendment package. This package contained 2 Bills:
- the removal of barriers for the Australian Energy Regulator (AER) to collect and publish information for the purpose of benchmarking
- the introduction of an explicit wholesale market monitoring function for the AER into the NEL.
Stakeholders were invited to provide written submissions on the draft Statutes Amendment (National Electricity and Gas Laws – Information Collection and Publication) Bill 2015 and the draft National Electricity (South Australia) (Australian Energy Regulator – Wholesale Market Monitoring) Amendment Bill 2015. The consultation period was open for six weeks from 3 February to 15 March 2016.
All stakeholder submissions received in response to this consultation process are available below.
Submissions were considered by the Energy Project Team (former EWG) and key concerns are addressed in the final NEL and NGL Amendment Package.
On 14 July 2016, the COAG Energy Council agreed to implement the proposed Bills. The Bills were enacted by the South Australian Parliament and proclaimed to commence on 15 December 2016, with the exception of certain provisions. See the South Australian Government Gazette 15 December 2016.
The commencement of sections 18D(1)(b) and 18D(2) to (6) (inclusive) of the NEL, as inserted into the NEL by section 6 of the National Electricity (South Australia) (Australian Energy Regulator – Wholesale Market Monitoring) Amendment Act 2016 (SA), is suspended until a day or time or days or times to be fixed by subsequent proclamation or proclamations.