The Electricity Supply Act 1995 (NSW) (s119) allows the Minister to publish an Order in the Gazette granting a full or partial exemption from the Energy Savings Scheme (ESS) in respect of any electricity load used by a specified person or in connection with a specified activity or class of activities.
The categories of exempt activity under the ESS are designed to align with the approach the Commonwealth Government is taking regarding emissions intensive and trade exposed industries.
As part of that Ministerial Order, the Minister also authorises the Scheme Regulator to make rules relating to assessment of deductions of exempt loads by Scheme Participants (i.e. the Exemptions Rule).
The Exemptions Rule (as amended from time to time) provides clarity on the values that are used to calculate the proportion of the load that is exempt (Exempt Proportion) for a specified activity at a particular location, as well as the associated deduction for losses.
Previous versions of the Exemptions Rule can be found In the Document Search.