Premium Solar Feed-in Tariff Terms and Conditions Victoria

Premium Solar
Feed-in Tariff Terms
and Conditions
Victoria

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Premium Solar Feed-in
Tariff Agreement
(Terms and Conditions – Victoria)
Parties Country Energy ABN 37 428 185 226
of PO box 718, Queanbeyan, NSW, 2620
(Country Energy)
The party identified in Item 1 of the
Schedule (Customer)
1. Introduction
1.1 The Customer is currently supplied electricity
by Country Energy under the Customer
Supply Contract.
1.2 The Customer’s Qualifying Solar Energy
Generating Facility is capable of exporting
electricity to the Network.
1.3 The Customer has agreed to supply and
Country Energy has agreed to purchase the Export
Electricity generated by the Qualifying Solar Energy
Generating Facility on the terms and conditions
set out in this Agreement. Renewable Energy
Certificates relevant to this Agreement are not
purchased under this Agreement.
2. Definitions
2.1 Incorporated definitions
Unless the context clearly indicates otherwise or
the relevant word or expression is defined in this
Agreement, a word or expression defined in
either the:
(1)
Customer Supply Contract; or
(2)
the Energy Retail Code,
has the same meaning in this Agreement.
2.2 In this Agreement, the following definitions apply:
(1)
Agreement means this document, including any
schedule or annexure to it.
(2)
Customer Supply Contract means the customer
supply contract between the parties for the supply
of electricity to the Premises.
(3)
DNSP means Distribution Network Service Provider
and has the same meaning given to that term in
the National Electricity Rules.
(4)
Energy Retail Code means the Energy Retail Code
as published by the ESC from time to time.
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(5)
ESC means the Essential Services Commission
of Victoria.
(6)
Export Electricity means the quantity of
electricity generated from the QSEGF at the
Premises that is exported into the Network.
(7)
Import Electricity means the quantity of
electricity supplied by Country Energy to the
Customer under the Customer Supply Contract.
(8)
Metering Equipment means a meter installed
at the Customer’s Premises in accordance with
clause 8.
(9)
National Electricity Rules means the National
Electricity Rules as published by the Australian
Energy Market Commission from time to time.
(10) Network means the network the QSEGF may
be able to export electricity to and includes
the meaning given to that term in the National
Electricity Rules.
(11) Premises mean the premises at which the
Customer has installed the QSEGF.
(12) Premium Solar Feed-in Tariff Scheme means
the scheme for the purchase of Export Electricity
from Qualifying Customers established under the
Electricity Industry Amendment (Premium Solar
Feed-in Tariff) Act 2009.
(13) Premium Solar Feed-in Tariff Period means the
period of time during which the Premium Solar
Feed-In Tariff Scheme is in operation commencing
on the Scheme Start Day and ending on the
earlier of the fifteenth anniversary of the Scheme
Start Day or the day that the Minister declares as
the scheme capacity day in accordance with the
Electricity Industry Act.
(14) Qualifying Solar Energy Generating Facility or
QSEGF has the meaning given to that term in the
Electricity Industry Act.
(15) Qualifying Customer has the meaning given to that
term in the Electricity Industry Act, being a person who
is currently being supplied with electricity under a
Customer Supply Contract and has been exempted by
Order under section 17 of the Electricity Industry Act
from the requirement to hold a licence in respect of
the generation of electricity for supply and sale who
engages in the generation of electricity:
(a) For residential customers at their principal
place of residence by means of one QSEGF up
to 5 kW installed capacity; or
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(b) For small business customers at one or
more properties, occupied by them other
than as their principal place of residence,
and at which their annual consumption of
electricity is 100 MWh or less by means of
one QSEGF at the property up to 5 kW
installed capacity.
(16) Schedule means the Schedule at the end of
this Agreement.
(17) Scheme Start Day means the day on which section
5 of the Electricity Industry Amendment (Premium
Solar Feed-in Tariff) Act 2009 comes into operation.
(18) Term is the period of time set out in clause 13.1.
2.3 Interpretation
(1)
Reference to:
(a) one gender includes the others;
(b) the singular includes the plural and the plural
includes the singular;
(c) a person includes a body corporate;
(d) a party includes the party’s executors,
administrators, successors and permitted
assigns;
(e) a statute, regulation or provision of a statute
or regulation (Statutory Provision) includes:
(i) that Statutory Provision as amended or
re-enacted;
(ii) a statute, regulation or provision
enacted in replacement of that Statutory
Provision;
(iii) another regulation or other statutory
instrument made or issued under that
Statutory Provision; and
(f) money is in Australian dollars, unless
otherwise stated.
(2)
“Including” and similar expressions are not words
of limitation.
(3)
Where a word or expression is given a particular
meaning, other parts of speech and grammatical
forms of that word or expression have a
corresponding meaning.
(4)
Headings and any table of contents or index are
for convenience only and do not form part of this
Agreement or affect its interpretation.
(5)
A provision of this Agreement must not be
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construed to the disadvantage of a party merely
because that party was responsible for the
preparation of the Agreement or the inclusion of
the provision in the Agreement.
(6)
If an act must be done on a specified day which is
not a Business Day, it must be done instead on the
next Business Day.
2.4 Parties
(1)
If a party consists of more than 1 person, this
Agreement binds each of them separately and any
2 or more of them jointly.
(2)
An obligation, representation or warranty in favour
of more than 1 person is for the benefit of them
separately and jointly.
(3)
A party which is a trustee is bound both personally
and in its capacity as a trustee.
3. Commencement
3.1 This Agreement will commence:
(1)
on the date that the Customer has given explicit
informed consent to enter into this Agreement;
(2)
on the date that the Qualifying Solar Energy
Generating Facility is connected to the Network; or
(3)
on the date the Customer provides Country Energy
with details of their principal place of residence,
whichever occurs last (Commencement Date).
4. Customer Supply Contract
4.1 This Agreement applies to a Customer that is a
Qualifying Customer.
4.2 This Agreement should be read in conjunction with
the Customer Supply Contract. To the extent that
they are relevant, the terms of the Customer Supply
Contract apply to the supply of electricity by the
Customer to Country Energy under this Agreement.
However, to the extent of any inconsistency
between this Agreement and the Customer Supply
Contract, the terms of this Agreement will prevail.
5. Export of Electricity
5.1 The Customer agrees to sell and Country Energy
agrees to purchase the Export Electricity in
accordance with this Agreement.
5.2 Country Energy will credit the amount specified
in Item 2 of the Schedule per kilowatt-hour of
Export Electricity against the charges payable for
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the Import Electricity under the Customer Supply
Contract (Premium Solar Feed-in Credit) in the
billing period that relates to the same period of
supply. This will be recorded in a separate line item
in the Customer’s bill for that billing period provided
under the Customer Supply Contract.
5.3 If the Premium Solar Feed-in Credit exceeds the
charges payable by the Customer for the Import
Electricity in a billing period then the Customer’s
bill for the electricity supplied to it during that
billing period will be zero and the remaining charges
payable by Country Energy for the Export Electricity
(Excess Premium Solar Feed-in Credit Amount)
will be carried forward into the next billing period.
This will be recorded in a separate line item in the
Customer’s bill for that billing period provided under
the Customer Supply Contract.
5.4 Subject to clause 5.5, any Excess Premium Solar
Feed-in Credit Amount is extinguished:
(1)
the day that is 12 months after the day a Premium
Solar Feed-in Credit first arises:
(a) under this Agreement; or
(b) after an Excess Premium Solar Feed-in Credit
is applied under clause 5.2 and/or 5.3;
(2)
the day that the Customer Supply Contract Ends; or
(3)
the date the Premium Solar Feed-in Tariff
Period ends,
whichever occurs first.
5.5 Subject to clause 8.5, any Excess Premium Solar
Feed-in Credit Amount will not be extinguished where
the Premium Solar Feed-in Credit is not based on
an actual meter reading and/or where the bill for
the billing period that the credit is associated with,
has not been issued to the Customer. In the event
that clause 8.5 applies, the Premium Solar Feed-in
Credit Amount will expire where a bill is issued to the
Customer pursuant to that clause.
5.6 Country Energy may but is not required to pay a
Customer any money in respect of the whole or any
part of a Premium Solar Feed-in Credit and will not
be so indebted to the Customer beyond the credit to
the Customer’s account under clauses clause 5.2
and/or 5.3.
5.7 If Country Energy seeks to bill a customer to make
up overcrediting a Customer for electricity supplied
by the customer, Country Energy is to proceed on the
basis specified in clause 6.2 of the Energy
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Retail Code
5.8 If Country Energy has under-credited a Customer for
electricity supplied by the customer, Country Energy
will credit the amount to the next bill issued to the
Customer after Country Energy becomes aware of
the undercrediting proceeding on the basis specified
in clause 6.3 of the Energy Retail Code
6. Additional Costs Payable by the Customer
6.1 The parties acknowledge the following costs are
payable by the Customer:
(1)
Network connection costs, in accordance with
clause 7;
(2)
metering costs, in accordance with clause 8; and
(3)
other costs as detailed in Item 5 of the Schedule.
6.2 Country Energy will inform the Customer of the
estimated amount of the above costs on request of
the Customer prior to executing this Agreement.
7. Network Connection
7.1 The Customer acknowledges that Country Energy
is not responsible for the connection of the Small
Renewable Energy Generation Facility to the DNSP’s
Network. However, if requested by the Customer,
Country Energy will make a request to the relevant
DNSP to connect the Customer’s Small Renewable
Energy Generation Facility to the Network as soon
as practicable after the Customer satisfies the
application requirements under clause 1 of the
Energy Retail Code. Country Energy will make the
request by no later than the next Business Day
after receiving from the Customer all documentation
required under the Energy Law reasonably required
by Country Energy or the relevant distributor. Country
Energy must include details of any appropriate
network tariff reassignment. The customer must pay
the fee as detailed in Item 5 of the Schedule.
7.2 The parties acknowledge that the connection of the
QSEGF to the local DNSP is to comply with Australian
Standard 4777.
7.3 The Customer must ensure that the QSEGF remains
connected to the Network during the Term of this
Agreement, unless safety issues cause temporary
disconnection.
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8. Metering
8.1 Before the Commencement Date the Customer
must, at its own cost, cause appropriate Metering
Equipment to be installed, maintained and operated
to ensure an accurate measurement of the
Export Electricity.
8.2 The Customer must ensure that the Metering
Equipment complies with the requirements of the
Energy Law.
8.3 The Customer will notify Country Energy if the
Metering Equipment fails to satisfy clause 8.2, or
they become aware that the Metering Equipment
may fail to satisfy clause 8.2.
8.4 Subject to a breach by the Customer of clause
10.1(3) of the Agreement or some other event
outside Country Energy’s control, unless the
Customer gives explicit informed consent, Country
Energy will base the calculation of the Premium Solar
Feed-in Credit under this Agreement on a reading of
the Customer’s meter. Country Energy will use its
best endeavours to ensure that the meter is read at
least once in any 12 month period.
8.5 If Country Energy is not able to reasonably or reliably
base the calculation of the Premium Solar Feed-in
Credit on a reading of the meter, including because
of a breach by the Customer of clause 10.1(3) of
the Agreement or some other event outside Country
Energy’s control, Country Energy will not make a
Premium Solar Feed-in Credit unless the relevant
DNSP estimates the generation in accordance with
the Energy Law.
9.
Country Energy’s Obligations
9.1 Country Energy will review the calculation of a
Premium Solar Feed-in Credit contained in a bill at
the Customer’s request and make any necessary
adjustments in accordance with the Energy Retail
Code and the Customer Supply Contract
as appropriate.
9.2 Country Energy will give the Customer notice of
any variation to Country Energy’s tariffs that it is
permitted to make under the Energy Law that affect
this Agreement. The notice will be given as soon as
practicable and in any event no later than the next
billing and payment cycle.
9.3 Country Energy will retain and provide the Customer
with access to the Customer’s historical feed-in
payment or crediting data for at least two years.
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9.4 Country Energy will process a Customer’s request
for historical data relating to Export Electricity in
the same manner as a request for historical data
relating to a supply of electricity to the Customer
under the Energy Retail Code and the Customer
Supply Contract.
9.5 Country Energy will provide the Customer with
reasonable information on any premium solar
feed-in tariff offers that Country Energy may make
to the Customer within 10 Business Days of the
Customer’s request, and if the customer requests
it, in writing.
10. Customer’s Obligations
10.1 The Customer must:
(1)
ensure that the installed name plate capacity of the
QSEGF is no greater than 5kW installed capacity and
notify Country Energy within 14 Business Days if it
exceeds that capacity;
(2)
obtain all necessary licences, approvals and
registrations at its own cost to enable it to supply
the Export Electricity in accordance with the terms
and conditions of this Agreement;
(3)
permit the meter installed for the purposes of this
Agreement to be accessed in accordance with the
terms of the Customer Supply Contract and the
Energy Law;
(4)
comply with its obligations under the Customer
Supply Contract to permit Country Energy to comply
with its obligations under this Agreement;
(5)
ensure that all equipment installed and data
produced complies with the Energy Laws;
(6)
inform Country Energy of any proposed changes
to the connection to the Network and ensure all
modifications are done in accordance with their
connection contract; and
(7)
inform Country Energy as soon as possible of any
relevant change to their contact details.
10.2 Where the Customer is a residential householder,
the QSEGF must be located at the Customer’s
principal place of residence.
10.3 This Agreement only applies to one QSEGF
per Premise.
11. Statement of Account
11.1 Subject to clause 12, the amount of Export
Electricity acquired by Country Energy pursuant to
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clause 5 will be applied to bills rendered by
Country Energy to the Customer during each
billing period and will be recorded and accounted
for in the bills issued by Country Energy to the
Customer for such billing period under the
Customer Supply Contract.
11.2 If the Customer disputes in good faith
Country Energy’s determination of any of the items in
a bill and the dispute is not resolved within 30 days
after the date for payment, the dispute must
be resolved in accordance with clause 16.
12. Goods and Services Tax
12.1 In this clause:
(1)
“GST” means GST as defined in the A New Tax
System (Goods and Services Tax) Act 1999 as
amended from time to time (“GST Act”) or any
replacement or other relevant legislation
and regulations;
(2)
An expression or word used in this clause which has
a particular meaning in the “GST law” (as defined
in the GST Act), or in any applicable legislative
determinations, has the same meaning, unless the
context otherwise requires; and
(3)
A reference to GST payable by a party includes any
corresponding GST payable by the representative
member of any GST group of which that party is
a member, and a reference to an input tax credit
entitlement of a party includes any corresponding
input tax credit entitlement of the representative
member of any GST group of which that party
is a member.
12.2 Unless GST is expressly included, the consideration
expressed to be payable or to be provided under
any clause in this Agreement for any supply made
under or in connection with this Agreement does not
include GST.
12.3 To the extent that any supply made under or in
connection with this Agreement is a taxable supply,
the GST exclusive consideration otherwise payable
or provided for that taxable supply is increased by
an amount equal to that consideration multiplied by
the rate at which GST is imposed in respect of the
taxable supply, and subject to receipt of an effective
tax invoice, is payable at the same time.
12.4 If for any reason (including, without limitation, the
occurrence of an adjustment event) the amount of
GST payable on a taxable supply (taking into account
any decreasing or increasing adjustments in relation
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