Summary
Some scheme participants in the ESS and PDRS can claim exemptions for electricity loads used in connection with activities that are both Emissions-Intensive and Trade-Exposed.
We rely on auditors to verify that these exemptions are calculated in accordance with relevant legislation and guidance. We’ve received feedback that guidance on the process is confusing and can lead to inconsistencies.
We’re proposing a change to clarify how exemptions should be calculated and to ensure all scheme participants are treated consistently and fairly. This change should also reduce regulatory burden by reducing the need for audits.
We’re seeking scheme participant and auditor feedback on the proposed change by 1 May 2026.
The consultation paper below outlines:
• details of the proposed change
• reasons why we are proposing the change
• potential benefits and impacts of the proposed change.
Consultation documents
Proposed Change to Determining Exemptions - Consultation Paper - 1 April 2026
Information sessions
We are running individual information sessions in mid-April. Stakeholders who want more information or have questions can book a session online.
Note: these sessions are for information only. To provide feedback you must make a written submission using the process outlined below.
Make a submission
Email your written feedback to ESSRegulator@ipart.nsw.gov.au by 1 May 2026.
Be sure to include a completed submission cover sheet confirming that you accept IPART’s submissions policy. This includes important information about your privacy.