ESS legislation

The legal framework underpinning the Energy Savings Scheme (ESS) is developed by the NSW Department of Climate Change, Energy, the Environment and Water (NSW DCCEEW). It includes:

  • Part 1, Schedule 4A to the Electricity Supply Act 1995
  • Part 6 of the Electricity Supply (General) Regulation 2014
  • the Energy Savings Scheme Rule of 2009
  • orders granting exemptions from the Energy Savings Scheme
  • the Energy Savings Scheme – Scheme Regulator Exemptions Rule No. 1 of 2016.

The Electricity Supply Act 1995

The Electricity Supply Act 1995 (the Act) sets out the legal framework of the ESS. This includes IPART’s functions and responsibilities as Scheme Administrator and Scheme Regulator.

The Electricity Supply (General) Regulation 2014 

The Electricity Supply (General) Regulation 2014 (the Regulation) provides more detail about:

  • the Act
  • the requirements for accrediting and auditing ACPs
  • the creation and transfer of ESCs
  • requirements around how scheme participants meet their energy savings targets. 

The Energy Savings Scheme Rule of 2009 

The Energy Savings Scheme Rule of 2009 (the ESS Rule) applies to Accredited Certificate Providers (ACPs) and energy savings activities. It has details about:

  • Recognised Energy Saving Activities
  • information an ACP must provide when creating an ESC
  • eligibility, equipment and implementation requirements for each activity
  • calculation methods to work out how many ESCs an ACP can create.

See the ESS Rule and changes page for more information.

The Ministerial Order - Exempt Electricity Loads 

The Act allows the Minister to publish an Order in the Gazette granting a full or partial exemption from the ESS for electricity loads used for:

  • some emissions intensive and trade exposed energy activities, or
  • the production of green hydrogen (sch 4A cl 22).

This is known as the ESS Exemptions Order. See the Exemptions legislation page for details.

The Energy Savings Scheme – Scheme Regulator Exemptions Rule No. 1 of 2016 

The Minister authorises the Scheme Regulator to make rules about the treatment of exempt electricity loads. This is authorised in the ESS Exemptions Order.

The Energy Savings Scheme - Scheme Regulator Exemptions Rule No 1 of 2016 (ESS Exemptions Rule) outlines how scheme participants:

  • calculate deductions for exemptions
  • calculate deductions for losses
  • establish their entitlement to the exemption.

More information