135 Deloitte Touche Tohmatsu A.B.N. 74 490 121 060 Grosvenor Place 225 George Street Sydney NSW 2000 PO Box N250 Grosvenor Place Sydney NSW 1220 Australia DX 10307SSE Tel: +61 (0) 2 9322 7000 Fax: +61 (0) 2 9322 7001 www.deloitte.com.au In accordance with section 307C of the Corporations Act 2001, I am pleased to provide the following declaration of independence to the  Directors of AGL Energy Limited. As lead audit partner for the audit of the financial statements of AGL Energy Limited for the financial year ended 30 June 2011, I declare  that to the best of my knowledge and belief, there have been no contraventions of: Dear Board Members Yours sincerely J A Leotta  Partner  Chartered Accountants  Sydney, 25 August 2011 DELOITTE TOUCHE TOHMATSU to the Directors of AGL Energy Limited Auditor’s  Independence  Declaration Member of  Deloitte Touche Tohmatsu Liability limited by a scheme approved under Professional Standards Legislation.  (i) the auditor independence requirements of the Corporations Act 2001 in relation to the audit; and (ii) any applicable code of professional conduct in relation to the audit.  The Board of Directors  AGL Energy Limited  101 Miller Street  North Sydney NSW 2060  25 August 2011 AGL Energy Limited