On 30 June 2005, NECA granted Oaky Creek Coal Pty Ltd an exemption from the operation of Chapter 5 of the National Electricity Code. The exemption was granted under clause 2.5.1 of the National Electricity Code in accordance with NECA's NSP Registration Exemption Guidelines, and is subject to the following conditions:
- Oaky Creek Coal Pty Ltd must register with NEMMCO as a network service provider in respect of the embedded generation facility at that site;
- there being no material variation to the occupancy arrangements for the site as they exist at the date of this exemption without further approval;
- the network being maintained at least to the standards specified in the connection arrangements with the local distributor; and
- Oaky Creek Coal at all times remaining compliant with the relevant requirements of the Queensland jurisdiction for the licencing or exemption from licencing of the network.