Electricity charges in land lease communities

As a resident in a residential land lease community you have rights under the Residential (Land Lease) Communities Act 2013 and Residential (Land Lease) Communities Regulation 2015. This factsheet explains the law in NSW regarding embedded network electricity charges.

The National Electricity Rules define what an embedded network is and for NSW the National Energy Retail Law (NERL) also defines an embedded network: commodities; customers; operators; and sellers.

In land lease communities embedded network sellers will generally be the operator or a third party supplier who supplies electricity to the residential site through an embedded network. They can charge a resident if:

• it is a term of the site/tenancy agreement, and
• the electricity is separately measured or metered, and
• the resident receives an itemised bill that complies with the requirements outlined in the National Energy Retail Rules or if the operator or third party supplier are an exempt seller under the AER Exempt Selling Guidelines. 

Usage and supply charges – How much can I be charged for my energy usage?

Electricity usage is charged per kilowatt-hour (kWh). Operators and third party suppliers can charge for both usage and a daily supply charge (service availability charge).

The operator or the third party supplier cannot charge a usage charge or daily supply charge for the use of electricity that is more than the comparable market offer (also referred to as the median market offer), determined by the Independent Pricing and Regulatory Tribunal  (IPART) for each distribution district. 

IPART must review the median market offer at least every 12 months.

The current determination commenced on the 25th September 2025.

Source: ipart.nsw.gov.au/maximum-electricity-prices-land-lease-communities

Am I entitled to a discount if I receive a low amperage supply?

If the supply to your site is less than 60 amps the supply charge must be discounted as follows:

• if less than 30 amps is supplied you receive a 60% discount 
• if between 30 amps and 60 amps you receive a 30% discount

Are there rules about energy billing? 

Most third party suppliers or retailers fall under the National Energy Retail Rules and billing requirements. Most operators are exempt on-sellers who are required to hold a retail exemption and abide by the Australian Energy Regulator (AER) Exempt Seller Guidelines including billing requirements.

Under the National Energy Retail Rules bills must be issued at least once every 100 days and under the AER Exempt Seller Guidelines bills must be issued at least once every 3 months.

You must be given at least 21 days to pay from the date the bill is issued. Two payment options must be offered and one must not require internet access.

Bills must contain the following information: 

• name and contact details of the exempt seller or retailer, 
• your name and address, 
• date bill issued,
• identifier of the meter, 
• pay by date for the bill, 
• date of current meter reading or estimate, 
• the billing period, 
• current meter reading or estimate, 
• previous meter reading or estimate, 
• amount energy consumed and must be in kilowatt hours, 
• tariffs, fees and charges that apply including the basis on which they are calculated, 
• details of available payment methods and 
• contact number for account inquiries or complaints. 

From 1 July 2026 IPART may publish additional billing standards which embedded network sellers must comply with.

How do I access information about my energy charges?

Section 77A of the Residential (Land Lease) Communities Act 2013 (RLLC Act) is repealed from 1 July 2026. A resident may need specific advice if there are unresolved breaches by the operator or third party supplier under the repealed s77A. 

Otherwise, s83(4) of the RLLC Act requires the billing entity to give residents reasonable access to utility bills and other documents relating to utility charges they pay.

How do I recover any overcharged amounts?

If you have been overcharged you are entitled to recover the overpayment. If the operator agrees you can deduct the amount from site fees that are payable by you. 

If the operator disagrees that you have been overcharged, or with the amount you have been overcharged, you can apply to the NSW Civil and Administrative Tribunal (NCAT) to have the dispute resolved. Section 85 of the Residential (Land Lease) Communities Act 2013 permits a home owner or tenant to recover overpayments. The application must be made within 28 days of you becoming aware that you were being overcharged.

Am I entitled to a receipt?

The operator must provide you with a receipt for accounts you pay in person, or upon request. For other payment methods you can request a receipt and as soon as practicable after payments have been received a receipt must be provided.

Receipts must include the following information:

• the name and address of the community and the number of your residential site,
• your name,
• whether you are in debit or credit and by what amount,
• the period for which the charges are paid,
• the date on which payment was received, and
• the amount paid.

Can the operator charge late fees?

If you have a site agreement under the Residential (Land Lease) Communities Act 2013 the operator can charge you a fee for a late or dishonoured payment. This fee cannot be more than the fee that the operator or third party supplier can charge as a retailer or exempt seller. If you have informed the operator or third party supplier that you are experiencing payment difficulties then they cannot charge you a late fee. They are required to offer you a payment plan and provide you with a copy of their hardship policy. 

In addition to a hardship policy, the AER requires exempt sellers to provide similar family violence protections as energy retailers must provide under National Energy Retail Rules. Exempt sellers must have their own policy that prioritises customer safety, data security and protection from disconnection. 

Extra help may be available though the Energy & Water Ombudsman (EWON) for customers experiencing energy affordability issues.

What are my rights if the operator decides to start charging for electricity?

If electricity supplied to your site by the operator is not separately measured or metered and the operator installs a meter, or stops supplying electricity, the operator must notify you of the change within 14 days of it occurring by giving you a utility cost notice.

The notice must state the cost of electricity that was factored into your site fees and how that has been worked out. It must also tell you what your new site fees will be and the date from which they are payable.

The notice must advise you of your right to apply to NCAT within 30 days if you dispute the amount of the utility cost i.e. the amount by which your site fees have been reduced.

What additional consumer rights do I have since the NSW Government’s review of embedded networks?

In June 2023 NSW Government requested IPART carry out a review of embedded networks which resulted in 38 recommendations. The NSW government responded to the review rejecting only two of the 38 recommendations outlined in their response to the review published in October 2025.

Some key changes from 1 July 2026:

• All embedded network operators and sellers must be a member of EWON  and comply with decisions under the energy ombudsman scheme.
• They must publish up-to-date information on their website about the embedded network service they provide, the prices they charge and the addresses where they supply those services.
• The NSW Government has given IPART regulatory functions which include developing pricing methodologies, setting maximum price caps, establishing billing standards and enforcing compliance.

See also

• Sample letter: Utility Bills
• Information for embedded network customers (NSW government)
• Maximum electricity prices for land lease communities (NSW government)
• Response to IPART Review (NSW government)
• Changed rules on energy billing in residential parks (EWON)
• Frequently Asked Questions about the changes to electricity prices in residential land lease communities (EWON)
• Customer resources (EWON)

Updated July 2026

This factsheet is intended as a guide to the law and should not be used as a substitute for legal advice. It applies to people who live in, or are affected by, the law as it applies in New South Wales, Australia. © Tenants’ Union of NSW.

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