NSW Electricity Infrastructure Investment Act - 2nd jurisdictional scheme application

Jurisdictional scheme
Date completed: 
26 August 2022
Date initiated: 
29 July 2022
Effective date: 
26 August 2022


On 29 July 2022, the NSW Office of Energy and Climate Change (OECC) lodged an application for the AER to consider whether the scheme established under section 58(6) of the Electricity Infrastructure Investment Act 2020 (NSW) and clause 37 of the Electricity Infrastructure Investment Regulation 2021 is a jurisdictional scheme.

The scheme provides for the administration of the exemptions framework for emissions intensive trade exposed entities and green hydrogen producers under the Electricity Infrastructure Investment Act 2020 (NSW).

The AER must assess all requests for jurisdictional schemes under the National Electricity Rules (NER).

Where a scheme meets the NER’s eligibility criteria, the AER must decide that the scheme is a jurisdictional scheme.

A jurisdictional scheme makes recovery of scheme costs more administratively efficient for DNSPs and allows costs to be recovered through the AER’s annual pricing review assessments.