Licence Fees and the Energy Industry Levy

Utility Licence Fees

For the 2018-19 financial year, annual licence fees have again been determined for utilities providing water and sewerage services and for gas transmission services. The determination is available at:

Utilities Licence Fee Guideline

The Commission has produced guidelines on the licence fee administration process for both utilities and regulators. The guidelines aim to assist the utilities and regulators in streamlining the annual processes. The guidelines are available for download below:

Document NameTypeSize Published date
Annual utility licence fee guideline - regulator PDF 586 KB 13/01/2017
Annual utility licence fee - utility PDF 570 KB 13/01/2017

Energy Industry Levy

In May 2007, the Utilities Act was amended to provide for an energy industry levy to recover the amount of the Territory’s national and local regulatory costs in relation to energy industry sectors.  Part 3A (Energy Industry Levy) commenced on 1 July 2007 and provides for the making of three determinations by the appointed Levy Administrator, currently the Chief Executive Officer of the Commission.

The national regulatory cost is the amount determined to be the cost to the Territory of meeting its national regulatory obligations under the Australian Energy Market Agreement (AEMA) in relation to the Australian Energy Market Commission (AEMC) and the Ministerial Council on Energy’s responsibilities under the AEMA.  Local regulatory costs are currently determined to be those incurred by the Commission, the ACT Civil and Administrative Tribunal (ACAT), and the technical regulator in the Environment and Sustainable Development Directorate (ESDD).

Levy determinations are made for both national and local regulatory costs for prescribed energy utility sectors; namely electricity distribution and supply and gas distribution and supply. Utilities and NERL retailers which provided an energy utility service between 1 July and 30 August of the energy levy year or at any time during the previous levy year may be subject to the levy and must lodge a return with the commissioner of revenue by 31 October in the relevant year.

Current annual energy levy determinations are available below:

Document NameTypeSize Published date
Utilities (Energy industry levy – local regulatory costs) Determination 2018 LINK - 08/10/2018
Utilities (Energy industry levy – national regulatory obligations and costs) Determination 2018 LINK - 08/10/2018
Utilities (Energy industry levy – other) Determination 2018 LINK - 08/10/2018
Utilities (Energy industry levy – base amount) Determination 2017 LINK - 09/10/2017
Utilities (Energy industry levy - net regulatory cost) Determination 2018 LINK - 08/10/2018

Energy industry levy guidance note and annual data statement

Under Section 54O of the Utilities Act 2000, the Levy Administrator is required to publish certain information regarding the energy industry levy. To meet these obligations, the Commission has produced a guidance note on the energy industry levy.  The guidance note aims to assist energy utilities in understanding their obligations in regards to the energy industry levy, including the levy purpose, how it is calculated and administrative practices of the levy administrator. The Commission also publishes an annual statement made by the Levy Administrator in relation to the data relied upon in making the annual determinations.

The guidance note and annual data statement is available for download below:

Document NameTypeSize Published date
Energy Industry Levy Guidance note PDF 240 KB 09/10/2018
2018 Annual data statement - Energy Industry Levy PDF 220 KB 09/10/2018