energy law

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CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL [email protected] JENI VARGHESE PATENT DEPARTMENT ENERGY LAW

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Page 1: Energy law

CHENNAI3rd Floor, ‘Creative Enclave’,

148-150, Luz Church Road,Mylapore,

Chennai - 600 004.Tel: +91 - 44 - 2498 4821

BANGALORE Suite 920, Level 9,

Raheja Towers,26-27, M G Road,

Bangalore - 560 001.Tel: +91 - 80 - 6546 2400

COIMBATOREBB1, Park Avenue,

# 48, Race Course Road,Coimbatore - 641018.

Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

JENI VARGHESEPATENT DEPARTMENT

ENERGY LAW

Page 2: Energy law

CHENNAI3rd Floor, ‘Creative Enclave’,

148-150, Luz Church Road,Mylapore,

Chennai - 600 004.Tel: +91 - 44 - 2498 4821

BANGALORE Suite 920, Level 9,

Raheja Towers,26-27, M G Road,

Bangalore - 560 001.Tel: +91 - 80 - 6546 2400

COIMBATOREBB1, Park Avenue,

# 48, Race Course Road,Coimbatore - 641018.

Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

ENERGY LAW• Energy laws govern the use and taxation of energy

for both renewable and non-renewable.

• Renewable energy is energy which comes from natural resources such as sunlight, wind, rain, tides, and geothermal heat, which do not get depleted.

• A non-renewable resource is a natural resource which cannot be reproduced, grown, generated, or used on a scale which can sustain its consumption rate. Once depleted there is no more available for future needs. Eg: Fossil fuels (such as coal, petroleum, and natural gas), nuclear power (uranium)

Page 3: Energy law

CHENNAI3rd Floor, ‘Creative Enclave’,

148-150, Luz Church Road,Mylapore,

Chennai - 600 004.Tel: +91 - 44 - 2498 4821

BANGALORE Suite 920, Level 9,

Raheja Towers,26-27, M G Road,

Bangalore - 560 001.Tel: +91 - 80 - 6546 2400

COIMBATOREBB1, Park Avenue,

# 48, Race Course Road,Coimbatore - 641018.

Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

ENERGY SCENARIO IN INDIA

2011

Page 4: Energy law

CHENNAI3rd Floor, ‘Creative Enclave’,

148-150, Luz Church Road,Mylapore,

Chennai - 600 004.Tel: +91 - 44 - 2498 4821

BANGALORE Suite 920, Level 9,

Raheja Towers,26-27, M G Road,

Bangalore - 560 001.Tel: +91 - 80 - 6546 2400

COIMBATOREBB1, Park Avenue,

# 48, Race Course Road,Coimbatore - 641018.

Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

ENERGY POLICIES IN INDIA

RENEWABLE ENERGY ‘ACT’:

Provisions to govern the distribution of energy produced from renewable sources- Electricity Act.

Electricity Act 2003- Section 3(1) and 3 (2), Section 4, Section 61, Section 86(1)

The World Institute of Sustainable Energy (WISE), Pune has drafted a model renewable Energy law in 2007.

•The draft law proposed to increase the target for electricity generation from renewable to 20 percent by 2020, of the total electricity generated in the country.

•The draft law also demanded to remove some ambiguities or amplify some provisions in the Electricity Act, 2003.

Page 5: Energy law

CHENNAI3rd Floor, ‘Creative Enclave’,

148-150, Luz Church Road,Mylapore,

Chennai - 600 004.Tel: +91 - 44 - 2498 4821

BANGALORE Suite 920, Level 9,

Raheja Towers,26-27, M G Road,

Bangalore - 560 001.Tel: +91 - 80 - 6546 2400

COIMBATOREBB1, Park Avenue,

# 48, Race Course Road,Coimbatore - 641018.

Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

Cont.

Other Central laws that indirectly apply to the renewable energy sector in India include:

i.Forest Conservation Act 1978.

ii.Water (Prevention and Control of Pollution) Act 1972.

iii. Air (Prevention and Control of Pollution) Act 1980.

iv.Environment Protection Act 1986 which incorporates the Solid Waste Management Rules, 2000.

Page 6: Energy law

CHENNAI3rd Floor, ‘Creative Enclave’,

148-150, Luz Church Road,Mylapore,

Chennai - 600 004.Tel: +91 - 44 - 2498 4821

BANGALORE Suite 920, Level 9,

Raheja Towers,26-27, M G Road,

Bangalore - 560 001.Tel: +91 - 80 - 6546 2400

COIMBATOREBB1, Park Avenue,

# 48, Race Course Road,Coimbatore - 641018.

Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

ELECTRICITY ACT, 2003

• Came into force from June 10, 2003

OBJECTIVES:

• To consolidate the laws relating to generation, transmission, distribution, trading and use of electricity and generally for taking measures conducive to development of electricity industry

• promoting competition in the industry,

• protecting interest of consumers and supply of electricity to all areas,

• rationalization of electricity tariff,

• ensuring transparent policies regarding subsidies,

• promotion of efficient and environmentally benign policies,

• constitution of Central Electricity Authority (CEA), Regulatory Commissions and establishment of Appellate Tribunal; and

• other related matters

Page 7: Energy law

CHENNAI3rd Floor, ‘Creative Enclave’,

148-150, Luz Church Road,Mylapore,

Chennai - 600 004.Tel: +91 - 44 - 2498 4821

BANGALORE Suite 920, Level 9,

Raheja Towers,26-27, M G Road,

Bangalore - 560 001.Tel: +91 - 80 - 6546 2400

COIMBATOREBB1, Park Avenue,

# 48, Race Course Road,Coimbatore - 641018.

Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

ELECTRICITY ACT, 2003

• Important provisions with regard to Renewable Energy• Section 3 (1) and 3(2) relates to National Electricity Policy and

Tariff Policy based on optimal utilization of resources such as coal, natural gas, nuclear substances or material, hydro and renewable sources of energy.

• Section 4 relates to a national policy, permitting stand-alone systems (including those based on renewable sources of energy) for rural areas.

• Section 61 relates to tariff determination guided by the promotion of co-generation and generation of electricity from renewable sources of energy.

• Section 86(1) promotes renewable energy by ensuring grid connectivity and sale of renewable electricity. The section creates a demand for renewable energy by requiring State Electricity Regulatory Commissions (SERCs) to specify percentages for renewable energy purchased within the area of a distribution licensee.

Page 8: Energy law

CHENNAI3rd Floor, ‘Creative Enclave’,

148-150, Luz Church Road,Mylapore,

Chennai - 600 004.Tel: +91 - 44 - 2498 4821

BANGALORE Suite 920, Level 9,

Raheja Towers,26-27, M G Road,

Bangalore - 560 001.Tel: +91 - 80 - 6546 2400

COIMBATOREBB1, Park Avenue,

# 48, Race Course Road,Coimbatore - 641018.

Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

INDIAN COAL MINES (NATIONALIZATION) ACT, 1973

• Coal is the most abundant fossil fuel resources in India.

• The Act provides for the acquisition and transfer of the right, title and interest of the owners in respect of the coal mines with a view to re-organize and reconstruct such coal mines so as to ensure the rational, coordinated and scientific development and utilization of coal resources consistent with the growing requirements of the country.

• The amendment in the Coal Mines (nationalization) Act, 1973, allowed private sector participation in captive coal mining for power generation and a 2011 review of the coal mining policy permitted the state government companies or undertakings to do mining of both cooking and non-cooking coal reserves.

Page 9: Energy law

CHENNAI3rd Floor, ‘Creative Enclave’,

148-150, Luz Church Road,Mylapore,

Chennai - 600 004.Tel: +91 - 44 - 2498 4821

BANGALORE Suite 920, Level 9,

Raheja Towers,26-27, M G Road,

Bangalore - 560 001.Tel: +91 - 80 - 6546 2400

COIMBATOREBB1, Park Avenue,

# 48, Race Course Road,Coimbatore - 641018.

Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

NATIONAL BIOFUEL POLICY

Biofuels are liquid or gaseous fuels produced from renewable biomass (wastes and residues from agriculture, forestry and related industries) resources and used in place of, or in addition to, diesel, petrol or other fossil fuels

•The National Policy on Biofuel was prepared by the Ministry of New and Renewable Energy.

•Approved by the Union Cabinet on 11th September, 2008.

Page 10: Energy law

CHENNAI3rd Floor, ‘Creative Enclave’,

148-150, Luz Church Road,Mylapore,

Chennai - 600 004.Tel: +91 - 44 - 2498 4821

BANGALORE Suite 920, Level 9,

Raheja Towers,26-27, M G Road,

Bangalore - 560 001.Tel: +91 - 80 - 6546 2400

COIMBATOREBB1, Park Avenue,

# 48, Race Course Road,Coimbatore - 641018.

Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

NATIONAL BIOFUEL POLICY

Salient features•The scope of the Policy encompasses bio-ethanol, bio-diesel and other biofuels like biomethanol.•Blending at least 20 percent biofuels in diesel and petrol has been proposed.•Bio-diesel production will be taken up from non-edible oil seeds in waste / degraded / marginal lands.•Import and Export of Biofuels will be decided by the National Biofuel Coordination Committee.

Page 11: Energy law

CHENNAI3rd Floor, ‘Creative Enclave’,

148-150, Luz Church Road,Mylapore,

Chennai - 600 004.Tel: +91 - 44 - 2498 4821

BANGALORE Suite 920, Level 9,

Raheja Towers,26-27, M G Road,

Bangalore - 560 001.Tel: +91 - 80 - 6546 2400

COIMBATOREBB1, Park Avenue,

# 48, Race Course Road,Coimbatore - 641018.

Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

THE PETROLEUM ACT, 1934

Petroleum (crude oil) is any liquid hydrocarbon or mixture of hydrocarbons and any inflammable mixture (liquid, viscous or solid) containing any liquid hydrocarbons.

THE PETROLEUM ACT, 1934• Came into force on March 30, 1937

OBJECTIVE:

To consolidate and amend the law relating to the import, transport, storage, production, refining and blending of petroleum.

Page 12: Energy law

CHENNAI3rd Floor, ‘Creative Enclave’,

148-150, Luz Church Road,Mylapore,

Chennai - 600 004.Tel: +91 - 44 - 2498 4821

BANGALORE Suite 920, Level 9,

Raheja Towers,26-27, M G Road,

Bangalore - 560 001.Tel: +91 - 80 - 6546 2400

COIMBATOREBB1, Park Avenue,

# 48, Race Course Road,Coimbatore - 641018.

Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

ATOMIC ENERGY ACT, 1962

• The Act came into force from 15 September 1962.

• An Act to provide for the development, control and use of atomic energy for the welfare of the people of India and for other peaceful purposes.

• The nuclear establishment in India is protected by the Atomic Energy Act, 1962.

• Unjustified for a civilian nuclear sector devoted to generating electricity.

• Section 3 of the amended Atomic Energy Act, 1962 empowers the Central Government to produce, develop, use and dispose of atomic energy either by itself or through any authority or Corporation established by it or a Government company and carry out research into any related matters.

Page 13: Energy law

CHENNAI3rd Floor, ‘Creative Enclave’,

148-150, Luz Church Road,Mylapore,

Chennai - 600 004.Tel: +91 - 44 - 2498 4821

BANGALORE Suite 920, Level 9,

Raheja Towers,26-27, M G Road,

Bangalore - 560 001.Tel: +91 - 80 - 6546 2400

COIMBATOREBB1, Park Avenue,

# 48, Race Course Road,Coimbatore - 641018.

Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

INTEGRATED ENERGY INTEGRATED ENERGY POLICYPOLICY

Aim of the Integrated energy policy is to reliably meet the demand for energy services of all sectors at competitive prices.

•An expert committee was constituted on 12 August 2004 to prepare the integrated energy policy.

•Integrated Energy Policy has been approved by the Government in December, 2008.

•Highlights the issues of energy demand, its access, security, availability, affordability and pricing, research & development activities, efficiency and environments.

Page 14: Energy law

CHENNAI3rd Floor, ‘Creative Enclave’,

148-150, Luz Church Road,Mylapore,

Chennai - 600 004.Tel: +91 - 44 - 2498 4821

BANGALORE Suite 920, Level 9,

Raheja Towers,26-27, M G Road,

Bangalore - 560 001.Tel: +91 - 80 - 6546 2400

COIMBATOREBB1, Park Avenue,

# 48, Race Course Road,Coimbatore - 641018.

Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

ENERGY CONSERVATION ACT 2001

Passed by the Indian Parliament in September 2001.

OBJECTIVES:

•Energy conservation.

•This Act requires large energy consumers to adhere to energy consumption norms; new buildings to follow the Energy Conservation Building Code and appliances to meet energy performance standards and to display energy consumption labels.

•The Act created the Bureau of Energy Efficiency.

Page 15: Energy law

CHENNAI3rd Floor, ‘Creative Enclave’,

148-150, Luz Church Road,Mylapore,

Chennai - 600 004.Tel: +91 - 44 - 2498 4821

BANGALORE Suite 920, Level 9,

Raheja Towers,26-27, M G Road,

Bangalore - 560 001.Tel: +91 - 80 - 6546 2400

COIMBATOREBB1, Park Avenue,

# 48, Race Course Road,Coimbatore - 641018.

Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

THANK YOU