Legal development

Australia's Capacity Investment Scheme – Registration open for Victorian and South Australian CIS tenders

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    Project proponents can now register for the inaugural Capacity Investment Scheme (CIS) Agreement project tender for South Australia and Victoria (CIS SA-Vic tender). Draft Tender Guidelines are scheduled to be published later this month and the CIS SA-Vic tender will open for bids in mid-December 2023.

    The registration process can be completed via the link here.

    The Government announced that the CIS Program is 'open for big projects that can store energy for at least 2 hours and are at least 30 megawatts in size'. This is an expansion of the expected eligibility criteria for the scheme from that set out in the public consultation paper discussed in our previous Part 1 and Part 2 client updates. The public consultation paper indicated that projects would be required to have a 4 hour equivalent duration to be eligible.

    More detail of the expected terms of the CIS Agreements to be awarded as part of the CIS SA-Vic tender are set out in the Draft Term Sheet shared by the Government last month. In our Part 3 client update we provided an overview of the Draft Term Sheet, including key differences with the NSW LTESA.

    Authors: Bree Miechel, Partner; Robert Gough, Senior Associate; and Nikki Doan, Graduate.

    The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to.
    Readers should take legal advice before applying it to specific issues or transactions.


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