Today in Parliament, Abigail successfully secured a number of Greens amendments to the Energy Legislation Amendment Bill 2025, and moved further amendments which exposed Labor’s inaction on fast-tracking our energy transition.
Abigail said:
As energy spokesperson for The Greens, I support the Energy Legislation Amendment Bill 2025. As other members have said, this bill introduces several changes to energy policy, including in relation to renewable energy zone [REZ] network infrastructure projects, the NSW Consumer Trustee, protections for consumers in embedded networks, eligibility for community and employment benefit programs, and prohibiting negative solar feed-in tariffs. Many of those changes come from findings from independent reviews, including the Transmission Planning Review 2025 and the Independent Pricing and Regulatory Tribunal [IPART] 2024 review of embedded networks, as well as acting on commitments in the Government's NSW Consumer Energy Strategy.
The bill inserts numerous regulation-making powers across various provisions. The bill seeks to amend five separate pieces of legislation. It seeks to create a framework for planning and delivering the State's REZ projects by extending community employment benefit schemes beyond strict geographical REZ boundaries and expanding eligibility for existing benefit schemes. Schedule 1 [3] replaces the existing definitions of "community purpose" and "employment purpose" to include a purpose that benefits the local community of a local government area or a local Aboriginal land council area; and a purpose that promotes employment, skills and training for persons who live or work in a local government area or local Aboriginal land council area.
The bill clarifies the role and functions of the infrastructure planner and the Consumer Trustee in their recommendation and authorisation of REZ projects; facilitates cost recovery for costs incurred to the infrastructure planner, out of the electricity infrastructure fund; and introduces requirements for conditions that network operators appointed for REZ projects must be subject to. Schedule 1 [24] extends the Minister's existing power to terminate the appointment of the Customer Trustee for incompetence, misconduct or incapacity, to enable the Minister to also terminate the appointment if the Minister is reasonably satisfied that the Consumer Trustee is unable to act independently.
It is unclear why that expanded power is necessary and is without any oversight over the Minister's discretion, given that there are already existing provisions in place that enable the Minister to dismiss the trustee. However, we understand there may be amendments put forward during the Committee stage, which we will consider. Schedule 1 [10] requires the Consumer Trustee to set a maximum capital costs amount for the development and construction of an authorised REZ network infrastructure project. Stakeholders have raised concern with the disclosure provisions restricting who can know the maximum capital cost once it is set, including strict provisions on how that knowledge can be transferred and a lack of transparency over changing the maximum capital cost. Again, I understand that some amendments will be put forward in the Committee stage in relation to improving transparency. The Greens look forward to considering those as well.
Schedule 1 [25] proposes to expand the existing delegation powers to enable the secretary to subdelegate their functions to an "authorised person", defined as an employee of the department or a person prescribed by the regulations. The bill introduces reforms to strengthen consumer protections for people living in embedded networks. Embedded networks are common arrangements in residential land lease communities and some strata complexes, often in places like retirement villages, social housing complexes, caravan parks and some apartment blocks. The provisions in the bill address some of the longstanding issues with embedded networks, and respond to the 2024 review by IPART.
The bill also makes amendments to the Electricity Supply Act 1995. Schedule 2 [10] enables IPART to make price determinations for energy, hot water and air‑conditioning services provided to customers through embedded networks and enables IPART to monitor and investigate compliance of providers and sellers. Schedule 2 [13] requires a person who operates an embedded network or sells energy, hot water or air‑conditioning services delivered through an embedded network to be a member of and comply with an approved energy ombudsman scheme. Schedule 2 [4] prohibits negative solar feed‑in tariffs and changes by making it an offence for a retailer or an exempt seller to charge small customers for the solar‑generated electricity supplied, or credit customers for the solar‑generated electricity supplied, at a rate less than $0 per kilowatt hour; or charge customers other than small customers more for solar‑generated electricity supplied by the customer to the supplier or exempt seller than the amount credited to the customer for the electricity during a billing period.
The bill amends the Electricity Infrastructure Investment Act 2020, the Electricity Supply Act 1995 and the National Electricity (New South Wales) Act 1997 to insert a new regulation‑making power to modify the National Electricity Law or the National Electricity Rules about matters relating to network‑to‑network connections. New provisions are also inserted to provide for the Minister to issue guidelines on matters relating to network‑to‑network connections, and impose a licence condition to require compliance. Schedule 2 [36] provides for the existing Renewable Fuel Scheme to commence 1 January 2027, to align with the expected commencement of green hydrogen production in 2027. Schedule 3 [1] reduces the Renewable Fuel Scheme's 2027 target so that it accounts for the more recent forecast for initial green hydrogen production.
I thank the stakeholders who have consulted with me and my office on the bill. They have raised concerns with several elements of the bill, and because of the complexity of the roadmap changes and the Government's failure to properly consult with stakeholders earlier on, there was some concern that they were unable to determine exactly how each of the provisions in the bill would work in practice, and whether red flags identified were cause for concern. I thank the Minister for bringing the bill on for debate a few weeks after it was first introduced because that has allowed us to properly speak with our stakeholders and ensure that we have addressed their concerns. I thank the Minister and her team for their help in getting our heads around the issues that stakeholders raised, and whether and how to deal with them most effectively. I sincerely thank the Minister and her office for their consultative approach on the bill.
The Greens will move a few amendments in the Committee stage. For the benefit of members in the House, I understand that there has been a slight change to the version of our amendments that was circulated. The amendments are being finalised by the very hardworking Parliamentary Counsel's Office. Unfortunately, they are very overworked at the moment. The delay is absolutely not their fault; it is just a product of it being the end of the year. As soon as we get them through, we will submit them. They are a slightly reworded version of what was previously circulated, to clarify some drafting issues. We will have a chance to talk about those when they are finalised.
I say two final things. The first is that The Greens remain committed to the tripartite agreement that this House struck on the rollout of renewables in the State. We appreciate that it has taken time for the Labor Government to take control of and wrestle with what was handed to it when it came into power. We are now seeing some of the fruits of the work of the Minister and her office over the past couple of years. We are really pleased to see that. The Greens put on record our willingness to continue to work in a tripartisan way to get the renewables rollout done as quickly as possible, and also to ensure that other competing energy suckers and drainers coming onto the network—such as the data centres that we keep raising the alarm about—do not detract from it.
Finally, although the Hon. Mark Banasiak and I may disagree on many of the issues around the renewables rollout, one thing we do agree on is the need to bring the community on board. From speaking with people in and communities impacted by renewable energy zones, I know that there is still much uncertainty. There is a lack of information and many people are fearful because of what they are reading in the news. The Minister needs to continue to work really hard on outreach. We need to go into those communities and do everything we possibly can to make them feel well informed and well consulted, because we need their buy‑in if we are going to do this quickly. The Greens support the bill.
Later in the debate, Abigail passed the following amendments:
By leave: I move The Greens amendments Nos 1 to 3 and 5 to 8 on sheet c2025-322B in globo:
No. 1 Community benefits equity—access areas
Page 3, Schedule 1. Insert after line 37—
[2A] Part 4, heading
Insert ", access areas" after "Renewable energy zones".
[2B] Part 4, Division 1, heading
Insert "and access areas" after "Renewable energy zones".
[2C] Section 19, heading
Omit "zone". Insert instead "zones".
[2D] Section 19A
Insert after section 19—
19A Minister may declare access areas
(1) The Minister may, by order published in the Gazette, declare an access area comprising—
(a) a specified geographical area of the State, and
(b) specified generation, storage or network infrastructure, including planned or existing infrastructure.
(2) The geographical area that forms part of the access area must not include any part of the geographical area that forms part of—
(a) a renewable energy zone, or
(b) another access area.
(3) The network infrastructure that forms part of an access area may extend outside the geographical area specified in the declaration.
(4) A declaration must include the following—
(a) a map showing the geographical area,
(b) the infrastructure planner appointed by the Minister for the access area or part of the access area,
(c) other matters prescribed by the regulations.
(5) The Minister may declare an access area only if the Minister is satisfied—
(a) making the declaration is—
(i) consistent with the objects of this Act, and
(ii) in the public interest, and
(b) of any other matters prescribed by the regulations.
(6) A declaration must be published on the Department's website.
(7) The regulations may make further provision about the exercise of the Minister's functions under this section.
[2E] Section 20, heading
Omit "zone". Insert instead "zones and access areas".
[2F] Section 20
Insert "or an access area" after "renewable energy zone".
[2G] Section 21, heading
Omit the heading. Insert instead—
21 Applications for declarations of renewable energy zones and access areas
[2H] Section 21(1) and (2)
Insert "or an access area" after "renewable energy zone" wherever occurring.
[2I] Section 22A
Insert after section 22—
22A Amendment of access area declarations
(1) The Minister may amend a declaration of an access zone for the following purposes only—
(a) to expand the geographical area that forms the access area,
(b) to specify additional generation, storage and network infrastructure as forming part of the access area,
(c) to provide further details and specifications about information contained in the declaration,
(d) to correct a minor error or misdescription.
(2) The Minister cannot repeal a declaration of an access area under section 19A.
[2J] Part 4, Division 2, heading
Insert "and access areas" after "renewable energy zones".
[2K] Section 24, heading
Insert "or access area" after "renewable energy zone".
[2L] Section 24(1) and (2)
Omit the subsections. Insert instead—
(1) The Minister may, by order published in the Gazette, declare the access scheme that applies—
(a) in a renewable energy zone or part of a renewable energy zone, or
(b) in an access area or part of an access area.
(2) An access scheme is a scheme that—
(a) for an access scheme under subsection (1)(a)—authorises or prohibits access to, and use of, specified network infrastructure by network operators and operators of generation and storage infrastructure in the renewable energy zone, or the part of the renewable energy zone, to which the scheme applies, or
(b) for an access scheme under subsection (1)(b)—authorises or prohibits access to, and use of, specified network infrastructure by network operators and operators of generation and storage infrastructure in the access area, or the part of the access area, to which the scheme applies.
[2M] Section 24(4)
Insert "or an access area" after "renewable energy zone".
[2N] Section 26 Fees for access schemes
Insert "or access area" after "renewable energy zone" in section 26(1)(c).
[2O] Section 27 Application of National Electricity (NSW) Law and National Electricity Rules
Insert "or access area" after "renewable energy zone" in section 27(1)(a).
No. 2 Community benefits equity—access areas
Page 3, Schedule 1[3], proposed section 26(7), lines 41–44. Omit all words on the lines. Insert instead—
community purpose means a purpose that benefits the community in a council area that, at any time after the declaration of the access scheme, is or has been wholly or partly within—
(a) the geographical area that forms the renewable energy zone to which the access scheme applies, or
(b) the geographical area that forms the access area in relation to which the access scheme applies.
No. 3 Community benefits equity—access areas
Page 4, Schedule 1[3], proposed section 26(7), lines 5–9. Omit all words on the lines. Insert instead—
employment purpose means a purpose that promotes employment, skills and training for persons who live or work in a council area that, at any time after the declaration of the access scheme, is or has been wholly or partly within—
(c) the geographical area that forms the renewable energy zone to which the access scheme applies, or
(d) the geographical area that forms the access area to which the access scheme applies.
No. 5 Community benefits equity—access areas
Page 10, Schedule 1. Insert after line 6—
[23A] Section 63 Infrastructure planner
Insert after section 63(2)—
(2AA) An infrastructure planner may be appointed to exercise functions in relation to an access area or part of an access area.
[23B] Section 63(3A)
Insert after section 63(3)—
(3A) The functions of an infrastructure planner in relation to an access area or part of an access area must be exercised by the Energy Corporation at any time during which a person is not appointed as the infrastructure planner for the access area or part of the access area.
No. 6 Community benefits equity—access areas
Page 10, Schedule 1. Insert after line 38—
[25A] Section 73 Personal liability
Omit section 73(3), definition of protected person, paragraph (e). Insert instead—
(e) the infrastructure planner, except in relation to the following—
(i) the administration of an access scheme in a renewable energy zone or access area,
(ii) the carrying out of construction or development of storage and network infrastructure,
No. 7 Community benefits equity—access areas
Page 12, Schedule 1. Insert after line 28—
[29A] Dictionary
Omit the definition of access scheme. Insert instead—
access scheme means an access scheme declared by the Minister under section 24(1) that applies in—
(a) a renewable energy zone or part of a renewable energy zone, or
(b) an access area or part of an access area.
No. 8 Community benefits equity—access areas
Page 12, Schedule 1[30]. Insert after line 30—
access area means the geographical area of the State and the infrastructure specified in a declaration by the Minister under section 19A.
The Greens move this block of amendments in the context of the Nelson review looking at dramatic Federal reforms to the National Electricity Market. We have serious concerns that, with the Nelson Review promoting the abolition of Federal merit criteria, that will create an incentive for developers to prioritise off-renewable energy zone [REZ] projects in order to save money by shirking social licence commitments. There is absolutely nothing in place at a State level to apply the plan to energy projects that happen outside of REZs or projects within REZs that connect to old or existing transmission lines. In light of that, The Greens amendments seek to amend the Electricity Infrastructure Investment Act 2020 to provide the Minister with the power to declare an access area. The amendments also support the declaration and amendment of access areas, applying the existing framework for access schemes over access areas, along with providing a new regulation-making head of power.
Finally, the amendments sought would enable the infrastructure planner to be appointed for an access area and provide for functions, including payment functions. There are similarities between the concept of a REZ and the new concept of an access area. In that regard, the amendments propose various provisions under part 4 of the Electricity Infrastructure Investment Act that apply to REZs be similarly applied to an access area. Similarly, it is intended that the existing framework under division 2 of part 4 would apply to an access area in the same way that it currently applies to a REZ. That could enable, for example, a statewide access area, with the exception of declared REZ areas, and an access scheme to be put in place should the Minister declare an access scheme on specified network infrastructure in the access area, which is similar to the model that applies in Victoria. That would enable a tiered approach between the existing access scheme framework with respect to REZs. The access area in that example may cover all areas of New South Wales that are not captured by a current or future declared REZ.
The purpose of the access area would be to differentiate that area from the area inside of REZs where REZs are the State's preferred location to build or upgrade transmission to unlock the renewable energy capacity needed to support the energy transition. Should an access scheme be applied to specific network infrastructure in the access area in this example, the intent would be to coordinate generation of storage infrastructure outside of REZs to strategically prioritise and sequence projects, and possibly collect access fees, to maximise financial value for New South Wales electricity customers, manage cumulative impacts and support community benefit sharing.
The Greens acknowledge that these amendments are similar to the amendments moved by the Hon. Wes Fang. I note his comment that The Greens and the Opposition seem to have come up with very similar amendments, which is indeed true. However, ours were very much informed by our excellent relationship with the Electrical Trades Union [ETU]. I note that the Hon. Wes Fang is not in the Chamber for me to call him comrade—
The Hon. Wes Fang: I am here—behind you.
Ms ABIGAIL BOYD: He is here. I am not sure whether Comrade Fang was also speaking with the ETU—maybe he was. I would welcome that.
The Hon. Wes Fang: No, I can promise you I wasn't.
Ms ABIGAIL BOYD: If not, then maybe he is thinking like a union member, which is great. I welcome that as well. I commend the amendments to the Committee.
Amendments agreed to.
Read the full transcript in Hansard here and here.
20 November 2025