Feed-in Tariffs Terms and Conditions

1. General

1.1 This document sets out the terms and conditions between the Retailer and the Customer for Feed-in Tariffs (Feed-in Agreement). The Feed-in Agreement is in addition to, and incorporated into, the Customer’s retail contract with the Retailer (the Contract).

1.2 This Feed-in Agreement is subject to the Retailer and Customer satisfying any relevant requirements under any applicable Energy Laws for entering into it.

2. Eligibility for standard feed-in tariffs

2.1 To be eligible for the Feed-in Tariff, the Customer must:

(a) either:

be a Relevant Generator and supply electricity to the grid from a Small Renewable Energy Generation Facility; or
supply electricity to the grid from a Renewable Energy Generation Facility for which the Retailer is not required to provide a Fixed Feed-in Tariff, and which the Customer can operate to control when electricity is supplied to the grid;

(b) have a suitable meter type and tariff at the relevant Premises; and

3. Notice of changes affecting the Customer

3.1 The Customer must promptly notify the Retailer if:

(a) the Customer ceases (or is likely to cease) to meet any of the eligibility requirements in this paragraph 2;

(b) there is any change that may hinder access to the meter;

(c) there is any change in electrical wires or appliance which may affect the quality or safety of the Customer's Renewable Energy Generation Facility; or

(d) the Customer ceases to be the registered proprietor of the Premises or operate the Customer's Renewable Energy Generation Facility at the Premises.

3.2 The Customer must notify the Retailer 14 Business Days in advance of any change to the Customer's Renewable Energy Generation Facility that increases its capacity.

4. Credit for electricity suppped

4.1 If the Customer qualifies for the Feed-in Tariff, the Retailer agrees to credit the Customer for the electricity the Customer supplies to the grid at a rate no less than the applicable Feed-in Tariff (Feed-in Credit).

4.2 The Feed-in Tariff is subject to change from time to time, subject to paragraph 7.2.

4.3 The Feed-in Credit will appear on the tax invoice issued to the Customer under the Contract. The Retailer will credit the Customer for the Feed-in Credit at the same frequency as the Retailer bills the Customer for the electricity the Customer purchases under the Contract.

4.4 In addition to the charges set out in this Feed-in Agreement, the Customer will need to pay any charges imposed by the relevant distributor. Upon the Customer's request, the Retailer will inform the Customer of the amount of any distributor charges and these will be itemised on the Customer's account.

4.5 The rate at which the Retailer purchases the Customer's electricity does not include GST.

4.6 The Retailer may deduct from the Feed-in Credit any amounts which the Retailer is entitled to charge to the Customer under this Feed-in Agreement or the Contract.

5. Connection

5.1 Upon the Customer's request, the Retailer will make an application to the Customer's distributor to connect the Customer's Renewable Energy Generation Facility to the distributor’s distribution system. The connection application:

(a) is subject to the Customer satisfying any relevant requirements under the Contract, and any applicable Energy Laws; and

(b) may require connection works, the installation of any necessary metering and network tariff reassignment, which may impose additional costs for the Customer.

5.2 The Retailer will make the request no later than the next business day after receiving from the Customer all documentation required under the Electricity Safety Act 1998 (Vic) and all documentation reasonably required by the retailer or the relevant distributor.

5.3 The Customer acknowledges that the Retailer has no obligation to pay the Customer the Feed-in Credit where the distributor does not accept the electricity generated from the Customer’s Renewable Energy Generation Facility due to maintenance or repair issues, to install a new connection, in an emergency, for health and safety reasons, or in any circumstances beyond the distributor's reasonable control that requires the distributor to cease taking electricity.

6. Meter readings

6.1 The Customer authorises:

(a) the Retailer to request from the Customer's distributor, the Customer's electricity export data for the 12 months preceding the Customer's last meter reading; and

(b) its distributor, to release to the Retailer the Customer's electricity export data for the 12 months preceding the Customer's last meter reading.

6.2 Unless the parties agree otherwise, the Retailer will base any Feed-in Credits payable to the Customer on a reading of the Customer's national electricity market-compliant meter that records the supply of electricity from the Customer's Renewable Energy Generation Facility to the distribution system. The Retailer will use its best endeavours to ensure that the meter is read at least once in any 12-month period.

6.3 The Retailer does not breach paragraph 6.2 if the Retailer is unable to read a meter in any relevant period as a result of the Customer's failure to comply with the Contract, Feed-in Agreement or due to an event outside the Retailer's control.

6.4 If the Retailer is not able to credit the Customer's account based on the reading of the meter, the Retailer is not required to pay any Feed-in Credit to the Customer unless the relevant distributor estimates the generation in accordance with applicable Energy Laws.

6.5 If the Retailer over-credits or under-credits the Customer for the electricity supplied by the Customer to the grid, the Retailer will rectify this error in accordance with any applicable Energy Laws.

7. Changes to the Feed-in Agreement and Feed-in Tariff Changes

7.1 The Retailer may amend this Feed-in Agreement to reflect any Change in Law or to protect its legitimate business interests. If the Retailer amends this Feed-in Agreement, then it will give reasonable notice to the Customer in accordance with the Contract and any applicable Energy Laws.

7.2 If a Feed-in Tariff Change is to take effect, the Retailer will notify the Customer at least 5 business days in advance or within such other period specified under any applicable Energy Laws.

8. Termination

8.1 If the Contract is ended by either party, the Feed-in Agreement automatically terminates at the same time. Otherwise, the Retailer may not terminate the Feed-in Agreement unless:

(a) the parties enter into a new feed-in agreement that replaces this Feed-in Agreement;

(b) the Customer ceases to be eligible to receive Feed-in Credits;

(c) the Customer has transferred to another retailer to purchase electricity or to receive a feed-in tariff in respect of the relevant Premises and the other retailer has become responsible for the relevant Premises; or

(d) the Retailer is no longer required to provide the Feed-in Credit to the Customer.

8.2 If there are any Feed-in Credits owing to the Customer when the Feed-in Agreement ends, the Retailer will pay to the Customer the equivalent amount.

8.3 The Customer may terminate the Feed-in Agreement by giving at least 5 Business Days’ advance notice to the Retailer.

9. Disconnection

9.1 The Retailer may disconnect the supply of electricity from the Customer's Renewable Energy Generation Facility into the grid (or request that the Customer's distributor do so) if:

(a) it is a necessary incident of exercising the Retailer's rights to disconnect under the Contract; or

(b) it is permitted or required by any applicable Energy Laws.

9.2 If the Retailer disconnects a Premises in accordance with paragraph 9.1, the Retailer may charge the Customer a disconnection fee reflecting the Retailer's direct costs arising from the disconnection (to the extent that those costs are not already being recovered by the Retailer under the Contract).

9.3 If the Premises is reconnected in accordance with the terms of the Contract, the Retailer will arrange for the Customer's Renewable Energy Generation Facility to be reconnected on payment of a reconnection fee reflecting the Retailer's direct costs arising from the reconnection (to the extent that those costs are not already being recovered by the Retailer under the Contract).

10. Miscellaneous

10.1 Title in all electricity generated by the Customer's Small Renewable Energy Generation Facility will pass to the Retailer at the point at which the electricity enters the relevant distribution system.

10.2 The Retailer gives no warranties, representations or conditions about the capacity or suitability of the relevant distribution system to accept electricity from the Customer's Renewable Energy Generation Facility.

10.3 To the extent permitted by law, the Retailer excludes all liability for any claims, damages or losses that the Customer may suffer as a result of the relevant distribution system failing to accept electricity generated by the Customer's Renewable Energy Generation Facility.

10.4 The terms and conditions in this Feed-in Agreement do not limit, vary or exclude the operation of any terms and conditions of the Contract.

10.5 Any Renewable Energy Certificates or Small-scale Technology Certificates that are created through the generation of electricity from the Customer's Renewable Energy Generation Facility will be retained by the Customer.

10.6 The Retailer warrants that, to the extent that the applicable Energy Laws require certain minimum terms and conditions to be included in the Feed-in Agreement, this Feed-in Agreement contains those minimum terms and conditions.

11. Definitions and interpretation

11.1 Capitalised terms in this Feed-in Agreement have the meaning given under the Contract, unless specified otherwise. In addition:

“Contract” means the agreement between the Retailer and the Customer for supply of electricity under a Retail Contract.

“Feed-in Agreement” means these terms and conditions.

"Feed-in Credit" has the meaning given in paragraph 4.1.

“Feed-in Tariff” means the rate(s) set out in the Contract (per kilowatt hour) which the Retailer agrees to credit to the Customer for each kilowatt hour of electricity that the Customer's Renewable Energy Generation Facility supplies to the grid.

“Feed-in Tariff Change” means a change to the Feed-in Tariff, including a rate determined by the Essential Services Commission under section 40FBB(1) of the Electricity Industry Act 2000 (Vic).

‘Fixed Feed-in Tariff’ means the Feed-in Tariff set by the Essential Services Commission and described as such in the Contract.

“Relevant Generator” has the meaning given in the Electricity Industry Act 2000 (Vic).

“Renewable Energy Certificates” has the meaning given in the Renewable Energy (Electricity) Act 2000 (Cth).

“Renewable Energy Generation Facility” means a Small Renewable Energy Generation Facility or another renewable electricity generation facility which meets the Feed-in Tariff eligibility criteria of the Retailer set out in the Contract (as applicable).

“Small Renewable Energy Generation Facility” has the meaning given in the Electricity Industry Act 2000 (Vic).

“Small-scale Technology Certificates” has the meaning given in the Renewable Energy (Electricity) Act 2000 (Cth)