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SLI 2007 No. 336 Regulations as made
These Regulations amend the Renewable Energy (Electricity) Regulations 2001.
Administered by: PMC (DCC)
Made 04 Oct 2007
Registered 05 Oct 2007
Tabled HR 12 Feb 2008
Tabled Senate 12 Feb 2008
Date of repeal 09 Aug 2013
Repealed by Industry, Innovation, Climate Change, Science, Research and Tertiary Education (Spent and Redundant Instruments) Repeal Regulation 2013

Renewable Energy (Electricity) Amendment Regulations 2007 (No. 3)1

Select Legislative Instrument 2007 No. 336

I, PROFESSOR MARIE BASHIR, AC, CVO, Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Renewable Energy (Electricity) Act 2000.

Dated 4 October 2007

MARIE BASHIR

Administrator

By Her Excellency’s Command

MALCOLM BLIGH TURNBULL


1              Name of Regulations

                These Regulations are the Renewable Energy (Electricity) Amendment Regulations 2007 (No. 3).

2              Commencement

                These Regulations commence as follows:

                 (a)     on the day after they are registered — regulations 1 to 3 and Schedule 1;

                (b)     on the day beginning 30 days after the commencement of Schedule 1 — Schedule 2.

3              Amendment of Renewable Energy (Electricity) Regulations 2001

                Schedules 1 and 2 amend the Renewable Energy (Electricity) Regulations 2001.


Schedule 1        Amendments commencing on registration

(regulation 3)

  

[1]           Subregulation 3 (1), definition of auxiliary loss

substitute

auxiliary loss has the meaning given in regulation 3B.

[2]           Subregulation 3 (1), definition of bioenergy

substitute

bioenergy means the energy derived from the biomass components of an energy source mentioned in any of paragraphs (i) to (s) of the definition of eligible renewable energy source in subsection 17 (1) of the Act.

[3]           Subregulation 3 (1), definition of biomass

omit

solid

[4]           Subregulation 3 (1), definition of national electricity market

omit

National Electricity Code

insert

National Electricity Rules

[5]           Subregulation 3 (1), definition of NEM standard metering

omit

National Electricity Code

insert

National Electricity Rules

[6]           Subregulation 3 (1), after definition of NEM standard metering

insert

network control ancillary services, for a power station, has the same meaning as in the National Electricity Rules.

[7]           Subregulation 3 (1), after definition of regional forest agreement

insert

Register of solar water heaters means the Register of solar water heaters kept by the Regulator under regulation 19C.

[8]           Subregulation 3 (1), after definition of territorial sea

insert

thinnings means the selective removal of trees and branches from a forest during the growing stage and at harvest.

[9]           After regulation 3A

insert

3B           Definition of auxiliary loss

         (1)   For a power station, auxiliary loss means the amount of electricity used in generating electricity, and operating and maintaining the power station, but does not include any electricity used for network control ancillary services.

         (2)   For a hydro‑electric power station, auxiliary loss also includes the amount of electricity that is used to pump or to raise water before its release for hydro‑electric generation.

[10]         Paragraph 4 (1) (a)

substitute

                (a)    a power station that is in the national electricity market must use NEM standard metering; and

[11]         Paragraph 4 (1) (b)

omit

the power station.

insert

the power station; and

[12]         Subregulation 4 (2)

substitute

         (2)   For subsection 14 (4) of the Act, the guidelines are set out in Schedule 1.

[13]         Regulation 5, at the foot

insert

Note   See section 30F of the Act and Division 2.6 of these Regulations in relation to varying the 1997 eligible renewable power baseline for an accredited power station.

[14]         Regulations 6, 7, 8 and 9

substitute

6              Meaning of certain energy sources that are eligible renewable energy sources (Act s 17)

                For subsections 17 (3) and (4) of the Act:

agricultural waste means the putrescible biomass wastes produced during agricultural operations, including livestock husbandry.

biomass‑based components of municipal solid waste means the biomass‑based components of wastes that are directly sourced from, or eligible to be disposed of in, landfill or a waste transfer station that is licensed by a State or Territory government body or by a local government authority, but does not include biomass‑based components of wastes originating from:

                (a)    forestry or broadacre land clearing for agriculture, silviculture and horticulture operations; or

               (b)    fossil fuels.

black liquor means the mixture arising from the chemical wood pulping process.

hot dry rock includes hot fractured rock.

landfill gas means the gas produced by the breaking down of the organic part of municipal landfills.

sewage gas means gas produced by the decomposition of domestic and commercial wastes that are collected from sewerage systems and treated by sewage treatment plants.

waste from processing of agricultural products means the biomass waste produced from processing agricultural products.

7              Meaning of certain energy sources that are not eligible renewable energy sources (Act s 17)

                For subsection 17 (3) of the Act:

fossil fuels means any of the following:

                (a)    coal, oil, natural gas or other petroleum‑based products;

               (b)    products, by‑products and wastes associated with, or produced from, extracting and processing coal, oil, natural gas or other petroleum‑based products.

Examples

Condensate liquids, coal seam methane, coal mine methane.

waste products derived from fossil fuels means the components of waste streams that:

                (a)    are made using, as raw materials, any material that is a fossil fuel for the Act; and

               (b)    are products or by‑products of manufacturing operations, including plastics, tyres, disposable nappies, synthetic carpets and synthetic textiles.

8              Meaning of wood waste

         (1)   For section 17 of the Act, wood waste means:

                (a)    biomass:

                          (i)    produced from non‑native environmental weed species; and

                         (ii)    harvested for the control or eradication of the species, from a harvesting operation that is approved under relevant Commonwealth, State or Territory planning and approval processes; and

               (b)    a manufactured wood product or a by‑product from a manufacturing process; and

                (c)    waste products from the construction of buildings or furniture, including timber off‑cuts and timber from demolished buildings; and

               (d)    sawmill residue; and

                (e)    biomass from a native forest that meets all of the requirements in subregulation (2).

Examples for paragraph (b)

Packing case, pallet, recycled timber, engineered wood product (including one manufactured by binding wood strands, wood particles, wood fibres or wood veneers with adhesives to form a composite).

         (2)   Biomass from a native forest must be:

                (a)    harvested primarily for a purpose other than biomass for energy production; and

               (b)    either:

                          (i)    a by‑product or waste product of a harvesting operation, approved under relevant Commonwealth, State or Territory planning and approval processes, for which a high‑value process is the primary purpose of the harvesting; or

                         (ii)    a by‑product (including thinnings and coppicing) of a harvesting operation that is carried out in accordance with ecologically sustainable forest management principles; and

                (c)    either:

                          (i)    if it is from an area where a regional forest agreement is in force — produced in accordance with any ecologically sustainable forest management principles required by the agreement; or

                         (ii)    if it is from an area where no regional forest agreement is in force — produced from harvesting that is carried out in accordance with ecologically sustainable forest management principles that the Minister is satisfied are consistent with those required by a regional forest agreement.

         (3)   For subparagraph (2) (b) (i), the primary purpose of a harvesting operation is taken to be a high‑value process only if the total financial value of the products of the high value process is higher than the financial value of other products of the harvesting operation.

         (4)   In this regulation:

ecologically sustainable forest management principles means the following principles that meet the requirements of ecologically sustainable development for forests:

                (a)    maintenance of the ecological processes within forests, including the formation of soil, energy flows, and the carbon, nutrient and water cycles;

               (b)    maintenance of the biological diversity of forests;

                (c)    optimisation of the benefits to the community from all uses of forests within ecological constraints.

high‑value process means the production of sawlogs, veneer, poles, piles, girders, wood for carpentry or craft uses, or oil products.

9              Energy crops (Act s 17)

         (1)   For section 17 of the Act, biomass from a plantation is not an energy crop unless all of the following apply to it:

                (a)    it must be a product of a harvesting operation (including thinnings and coppicing) approved under relevant Commonwealth, State or Territory planning and approval processes;

               (b)    it must be biomass from a plantation that is managed in accordance with:

                          (i)    a code of practice approved for a State under regulation 4B of the Export Control (Unprocessed Wood) Regulations; or

                         (ii)    if a code of practice has not been approved for a State as required under subparagraph (i), Australian Standard AS 4708—2007 — The Australian Forestry Standard;

                (c)    it must be taken from land that was not cleared of native vegetation after 31 December 1989 to establish the plantation.

         (2)   For section 17 of the Act, biomass from a native forest is not an energy crop.

[15]         Regulation 12

omit

[16]         Subdivision 2.3.1, heading

substitute

Subdivision 2.3.1        Accredited power stations

[17]         Regulation 13

omit

this Subdivision.

insert

regulations 14 to 16.

[18]         Regulations 14 and 15

substitute

14            General formula

         (1)   The amount of electricity generated by an accredited power station in a year is:

where:

TLEG is the total amount of electricity, in MWh, generated by the power station in the year, as measured at all generator terminals of the power station in the year.

FSL is the amount (if any) of electricity, in MWh, generated by the power station in the year using energy sources that are not eligible renewable energy sources, worked out under regulation 15.

AUX is the auxiliary loss, in MWh, for the power station for the year.

Note   See regulation 16 in relation to working out the auxiliary loss if some of the electricity generated by the power station in the year was generated using energy sources that are not eligible renewable energy sources.

DLEG is the amount of electricity, in MWh, transmitted or distributed by the power station in the year, measured:

                (a)    if the power station is part of the national electricity market — at the point determined under the National Electricity Rules; or

               (b)    in any other case — at the point determined by an authority of the State or Territory where the power station is.

MLF is the marginal loss factor, to allow for the amount of electricity losses in transmission networks, as determined by:

                (a)    if the power station is part of the national electricity market — NEMMCO; or

               (b)    in any other case — an authority of the State or Territory where the power station is.

         (2)   If all the electricity generated by the accredited power station is used in the power station, or in the local distribution network, or in both the power station and the local distribution network, the marginal loss factor (MLF) for subregulation (1) is taken to be 1.

         (3)   If the amount calculated using the formula in subregulation (1) exceeds 1 MWh and results in an amount that is not a whole MWh, the amount must be rounded down to the nearest MWh.

15            Ineligible fuel component

                For the purpose of regulation 14, the amount (FSL) of electricity generated by an accredited power station attributable to energy sources that are not eligible renewable energy sources is the amount worked out by converting the energy content of those energy sources into the equivalent number of MWh of electricity.

15A         Electricity omitted from calculation

                When determining the amount of electricity generated by an accredited power station, the following electricity is to be omitted from all calculations under regulation 14:

                (a)    electricity that was generated by using an eligible renewable energy source that is not ecologically sustainable;

               (b)    electricity that was not used to directly meet demand for electricity;

                (c)    electricity generated in a power station where an approval to use an eligible renewable energy source:

                          (i)    is required by a Commonwealth, State, Territory or local government authority; and

                         (ii)    the nominated person for the power station is unable to give evidence of that approval.   

Note   Ecologically sustainable is defined in subsection 5 (1) of the Act.

[19]         Regulation 17

omit

[20]         Regulation 18

substitute

18            Electricity generation returns for accredited power stations (Act s 20)

         (1)   For paragraph 20 (2) (d) of the Act, an electricity generation return for an accredited power station for a year must include the following:

                (a)    the year to which the return relates;

               (b)    the nominated person’s registration number;

                (c)    the identification code given to the power station;

               (d)    the telephone number, fax number and e‑mail address (if any) of the power station;

                (e)    for each eligible renewable energy source used by the power station to generate electricity in the year:

                          (i)    the amount of electricity generated; and

                         (ii)    the number of certificates created by the nominated person for that electricity;

                (f)    any changes to information already given to the Regulator about the following matters in relation to the power station:

                          (i)    ownership;

                         (ii)    company mergers involving the owner or the operator;

                         (iii)    street address, telephone number, fax number and e‑mail address (if any);

                        (iv)    electricity supply arrangements;

                         (v)    generation capacity;

                (g)    the 1997 eligible renewable power baseline that applied to the power station for the year;

                (h)    the date when the power station became an accredited power station;

                 (i)    if the power station was not an accredited power station for all of the year:

                          (i)    the amount of electricity generated by the power station since it became accredited; and

                         (ii)    the number of certificates created by the nominated person for that amount of electricity;

                (j)    if a certificate was created in the year for an amount of electricity generated by the power station in a previous year:

                          (i)    the number of certificates created by the nominated person for the amount of electricity generated in each previous year; and

                         (ii)    each eligible renewable energy source used to generate that electricity;

               (k)    information about any electricity that was imported into the power station in the year and how it was used;

                 (l)    details of any breach of the conditions of a permit, or conviction for an offence, under any Commonwealth, State, Territory or local government law related to the operation of the power station during the year, or, if there was no breach or conviction during the year, a declaration to that effect.

         (2)   The first return for an accredited power station after commencement of this regulation must also include the following:

                (a)    for the years since gaining any accreditation under the Act, details of any breach of the conditions of a permit, or conviction for an offence, under any Commonwealth, State, Territory or local government law related to operation of the power station;

               (b)    if there was no breach or conviction for those years, a declaration to that effect.

Note   See subsection 20 (2) of the Act for other information that must be included in an electricity generation return.

[21]         Regulation 19

substitute

19            Creation of certificates for solar water heaters (Act s 21)

         (1)   For subsection 21 (3) of the Act, the time at which a solar water heater is taken to have been installed is the day the heater is first able to produce and deliver hot water heated by solar energy, if this happens no more than 60 days from the start of installation of any component of the heater.

         (2)   To avoid doubt, a solar water heater is taken to have been installed once only during the life of the unit.

Note   Subsection 21 (2) of the Act provides that certificates may be created only within 12 months after the installation of the solar water heater.

[22]         After regulation 19

insert in Subdivision 2.3.2

19A         Number of certificates (Act s 22)

                For subsection 22 (1) of the Act, the number of certificates that may be created for a particular installation of a model of solar water heater in a particular zone and installation period is the number set out in the Register of solar water heaters that is applicable to the model, zone and period.

19B         Determination by Regulator of number of certificates (Act s 22)

         (1)   For subsection 22 (1) of the Act, the Regulator may make a written determination setting out the method to be used to determine the number of certificates that may be created for a particular model of solar water heater.

         (2)   In making a determination under subregulation (1), the Regulator must have regard to:

                (a)    the method set out in the relevant Australian Standard, set out in Schedule 4, as in force immediately before the commencement of this regulation; and

               (b)    the guidelines known as ‘REC calculation methodology for solar water heaters and heat pump water heaters with a volumetric capacity up to and including 700 litres’, published by the Regulator on a website kept by the Regulator, as in force immediately before the commencement of this regulation; and

                (c)    the guidelines known as ‘REC calculation methodology for solar water heaters and heat pump water heaters with a volumetric capacity over 700 litres’, published by the Regulator on a website kept by the Regulator, as in force immediately before the commencement of this regulation.

19C         Register of solar water heaters (Act s 23AA)

         (1)   The Regulator must establish and keep a register to be known as the Register of solar water heaters.

         (2)   The Regulator must keep the Register in electronic form.

         (3)   The Regulator must include the following information in the Register:

                (a)    the brand name and the model name of each solar water heater for which certificates may be created (an eligible solar water heater);

               (b)    zones in Australia determined by the Regulator:

                          (i)    on the basis of climate and solar radiation levels; and

                         (ii)    by reference to a range of postcodes, taking account of each postcode area in Australia;

                (c)    the number of certificates that may be created for each eligible solar water heater in each zone;

               (d)    the installation periods in which certificates may be created for each eligible solar water heater.

         (4)   The Register must be accessible on a website kept by the Regulator.

         (5)   For this regulation, the Regulator is taken, on the specified day, to have included in the Register the information set out in Schedule 7 to these Regulations, as in force immediately before the specified day.

         (6)   In subregulation (5), the specified day means the day beginning 30 days after commencement of Schedule 1 to these Regulations.

[23]         Before regulation 20

Insert in Subdivision 2.3.3

19D         Creation of certificates for small generation units (Act s 23A)

         (1)   For subsection 23A (2) of the Act, the time at which a small generation unit is taken to have been installed is the day the unit is first able to produce and deliver electricity.

         (2)   For subsection 23A (3) of the Act, a right to create certificates for a small generation unit arises:

                (a)    within 12 months of installation — for a 1‑year period or a 5‑year period; or

               (b)    if a right was previously exercised for a 1‑year period under paragraph (a), the start of each subsequent 1‑year period after installation — for an additional 1‑year period or 5‑year period; or

                (c)    if:

                          (i)    a right was previously exercised for a 5‑year period under paragraph (a); and

                         (ii)    the Regulator is satisfied that the unit is still installed and likely to remain functional for the further 5 years;

                        the start of each subsequent 5‑year period after installation — for a further 5‑year period; or

               (d)         within 12 months of installation — for a 15‑year period if:

                          (i)    the unit is a solar (photovoltaic) system installed after 31 July 2005; and

                         (ii)    no certificate has been created for the unit under paragraph (a), (b) or (c); and

                         (iii)    the unit is designed and installed by a person accredited for stand‑alone and grid‑connected power systems under the Australian Business Council for Sustainable Energy accreditation scheme or the Clean Energy Council accreditation scheme.

         (3)   Where a right to create certificates has been exercised under paragraph (2) (d) for a period of 15 years, no additional right to create certificates arises.

[24]         Regulation 20, heading

substitute

20            Number of certificates that may be created (Act s 23B)

[25]         Subregulation 20 (1)

omit

a particular installation of

[26]         Paragraph 20 (1) (b)

omit

panel

[27]         Subregulations 20 (6), (7) and (8)

omit

[28]         After regulation 20

insert in Subdivision 2.3.3

20A         Assignment of small generation unit certificates (Act s 23C)

                For subsection 23C (2) of the Act, a right to create a certificate for a small generation unit under regulation 19D may be assigned for a 1‑, 5‑ or 15‑year period.

20B         Election to not create certificates (Act s 23E)

                For the definition of qualifying small generation unit in subsection 23E (5) of the Act, a kind of small generation unit is a device:

                (a)    with an energy source that is solar (photovoltaic); and

               (b)    that has a kW rating from 10 kW to 100 kW (inclusive); and

                (c)    that generates from 25 MWh to 250 MWh (inclusive) of electricity each year.

[29]         After Division 2.3

insert

Division 2.4           Solar water heater and small generation unit returns

20C         Information to be included in return (Act s 23F)

                For paragraph 23F (2) (d) of the Act, a solar water heater return and small generation unit return must include the following information:

                (a)    the year to which the return relates;

               (b)    the person’s registration number;

                (c)    the telephone number, fax number and e‑mail address (if any) of the person;

               (d)    for a solar water heater return, the following:

                          (i)    the number of units installed in the year;

                         (ii)    details of any certificates assigned under subsection 23 (2) of the Act;

                         (iii)    the number of certificates found ineligible for registration in the year;

                        (iv)    the reasons for certificates being found ineligible for registration in the year;

                (e)    for a small generation unit return, the following:

                          (i)    the number and type of unit for which a certificate was created in the year and the period of time for which the certificate was created;

                         (ii)    details of any certificates assigned under subsection 23C (2) of the Act;

                         (iii)    the number of certificates found ineligible for registration in the year;

                        (iv)    the reasons for certificates being found ineligible for registration in the year;

                (f)    the process used by the person to ensure that certificates created or assigned under Subdivision B or BA of Division 4 of Part 2 of the Act are eligible for registration.

Note   For other information that must also be included in the return, see Act, subsection 23F (2).

Division 2.5           Suspending accreditation of a power station

20D         Circumstances for suspending accreditation of an accredited power station (Act s 30E)

                For subsection 30E (5) of the Act, the Regulator may suspend the accreditation of an accredited power station if:

                (a)    the power station no longer generates electricity using an eligible renewable energy source; or

               (b)    the power station is in the national electricity market and no longer uses standard metering that meets the requirements set by the National Electricity Rules; or

                (c)    the power station is not in the national electricity market and no longer uses metering which allows the Regulator to determine the amount of electricity generated by the power station.

Division 2.6           Varying 1997 eligible renewable power baseline for an accredited power station

20E         Circumstances for varying 1997 eligible renewable power baseline for an accredited power station (Act s 30F)

Application made to Regulator

         (1)   For subsections 30F (1) and (2) of the Act, the Regulator may vary the 1997 eligible renewable power baseline for an accredited power station if:

                (a)    one or more of the following situations arise:

                          (i)    the nominated person for the power station becomes aware that information used to determine the baseline was inaccurate, misleading or incomplete; or

                         (ii)    the nominated person for the power station becomes aware of an error in the determination of the baseline; or

                         (iii)    an action or policy of the Commonwealth Government reduces the power station’s ability to generate electricity using an eligible renewable energy source for a sustained period (for example, if the action or policy requires water to be diverted from one power station to another power station); and

               (b)    the nominated person makes an application to the Regulator in the manner set out in subregulation (3), to vary the 1997 eligible renewable power baseline; and

                (c)    the Regulator considers the application, taking into account, as appropriate, the matters set out in subregulation (4), and decides that the 1997 eligible renewable power baseline should be varied.

On Regulator’s own initiative

         (2)   For subsections 30F (1) and (2) of the Act, the Regulator may, on his or her own initiative, vary the 1997 eligible renewable power baseline for an accredited power station if:

                (a)    the Regulator becomes aware that 1 or more of the following situations has arisen:

                          (i)    that information used to determine the baseline was inaccurate, misleading or incomplete;

                         (ii)    that there is an error in the determination of the baseline;

                         (iii)    an action or policy of the Commonwealth Government reduces the power station’s ability to generate electricity using an eligible renewable energy source for a sustained period (for example, if the action or policy requires water to be diverted from one power station to another power station); and

               (b)    the Regulator gives the nominated person written notice stating:

                          (i)    that the Regulator is considering whether to vary the baseline; and

                         (ii)    the reasons for the possible variation; and

                         (iii)    that the nominated person may give to the Regulator, by the date and in the form (if any) specified in the notice, any information that may assist the Regulator in deciding whether to vary the baseline; and

                (c)    the Regulator, having become aware of the situation and taking into account any information provided by the nominated person in response to a notice under paragraph (b), decides that the 1997 eligible renewable power baseline should be varied.

Form of application

         (3)   An application by a nominated person for an accredited power station for a variation of the 1997 eligible renewable power baseline for the power station:

                (a)    must be in writing; and

               (b)    must state the circumstance in paragraph (1) (a) on the basis of which the request is made; and

                (c)    must include, or be accompanied by, a statement explaining the reasons why the variation should be made and setting out any other relevant information.

Special considerations

         (4)   If the nominated person for a hydro‑electric power station requests a variation of the 1997 eligible renewable power baseline for the power station on the basis of the situation mentioned in subparagraph (1) (a) (iii), the Regulator must, in deciding whether to vary the baseline, consider the following matters:

                (a)    whether any water diverted to or from the power station is a direct result of an action or policy of the Commonwealth Government;

               (b)    the release patterns of any diverted water flows;

                (c)    whether any diverted water flows pass through the power station;

               (d)    if any water was diverted from the power station — the water‑to‑generation ratio of the power station;

                (e)    if the power station is part of a group of interconnected power stations — the water‑to‑generation ratio of the group of interconnected power stations.

20F         Notification of determination under regulation 20E

         (1)   If the Regulator makes a determination varying the 1997 eligible renewable power baseline for an accredited power station (whether at the request of the nominated person for the power station or on his or her own initiative), the Regulator must, as soon as practicable after making the determination, give to the nominated person:

                (a)    a copy of the determination; and

               (b)    a statement of the reasons for the determination.

         (2)   If, after considering a request from a nominated person for an accredited power station, the Regulator makes a determination not to vary the 1997 eligible renewable power baseline for the power station, the Regulator must, as soon as practicable after making the determination, give to the nominated person:

                (a)    a copy of the determination; and

               (b)    a statement of the reasons for the determination.

Note   A determination varying the 1997 eligible renewable power baseline for an accredited power station is a reviewable decision under section 66 of the Act.

[30]         Regulation 21

substitute

21            Amount of electricity acquired

         (1)   For subsection 31 (3) of the Act, the amount of electricity acquired under a relevant acquisition is:

                (a)    if the electricity is acquired from NEMMCO or IMO — the amount worked out on the basis of metering data used for NEMMCO or IMO settlement statements; or

               (b)    if the electricity is acquired directly from the person who generated the electricity at the interface between the transmission and distribution system — the amount worked out using:

                          (i)    NEMMCO or IMO equivalent settlement data; or

                         (ii)    if the person who generated the electricity and the liable entity are not in the same distribution network — customer purchase data adjusted to the node, or node equivalent, by using the applicable distribution loss factor; or

                         (iii)    generation data adjusted to the node, or node equivalent, by using the applicable marginal loss factor or equivalent; or

                (c)    if the electricity is used outside the site of generation but in the same distribution network — the amount worked out using, depending on the applicable contractual arrangements:

                          (i)    the amount generated, as metered at the power station’s grid connection point; or

                         (ii)    the acquisition as metered at the customer’s grid connection point; or

               (d)    if the electricity is acquired at the site of the generation  — the amount of metered electricity at the point on which the contractual arrangement is based; or

                (e)    if none of paragraphs (a) to (d) applies:

                          (i)    the amount of metered or calculated electricity provided at the interface between the transmission and distribution system; or

                         (ii)    the amount of metered or calculated electricity at the point at which ownership of the electricity changes, in accordance with contractual arrangements.

         (2)   In paragraphs (1) (b), (c), and (e), the method of calculation used is to be chosen by the Regulator after consultation with the liable entity.

[31]         Part 4, heading

substitute

Part 4                 Renewable energy shortfall charge

[32]         Regulation 24

omit

                For paragraph

insert

         (1)   For paragraph

[33]         Paragraph 24 (c)

omit

[34]         Paragraph 24 (e)

before

shortfalls

insert

certificate

[35]         Paragraph 24 (g)

omit

subsection 98 (1)

insert

section 98

[36]         Subparagraphs 24 (h) (iii), (iv) and (v)

substitute

                         (iii)    street address, telephone number, fax number and e‑mail address (if any);

                        (iv)    electricity supply arrangements;

[37]         After paragraph 24 (h)

insert

                 (i)    the year for which the renewable energy certificates are being surrendered;

                (j)    any adjustments to the information set out in an energy acquisition statement lodged in a previous year (for example, changes to the statement resulting from changes to the final settlement data issued by NEMMCO or IMO).

[38]         Regulation 24

insert after the note

         (2)   For paragraph 44 (3) (b) of the Act, an energy acquisition statement must be sent, by post or fax, to the Office of the Renewable Energy Regulator.

         (3)   If the energy acquisition statement is sent by fax, the original statement must also be sent by post to the Office of the Renewable Energy Regulator.

[39]         Regulation 25

omit

                For paragraph

insert

         (1)   For paragraph

[40]         Paragraph 25 (c), not including the note

substitute

                (c)    how the renewable energy shortfall charge was worked out;

               (d)    any adjustments to the information set out in a renewable energy shortfall statement lodged in a previous year (for example, changes to the statement resulting from changes to the final settlement data issued by NEMMCO or IMO).

[41]         Regulation 25

insert after the note

         (2)   For paragraph 46 (3) (b) of the Act, a renewable energy shortfall statement must be sent by post or fax to the Office of the Renewable Energy Regulator.

         (3)   If the renewable energy shortfall statement is sent by fax, the original statement must also be sent by post to the Office of the Renewable Energy Regulator.

[42]         Subregulation 28 (2)

omit

         (2)   For paragraph 13 (2) (e) of the Act, the fee for an application for accreditation is:

insert

         (2)   For paragraphs 12A (2) (f) and 13 (2) (e) of the Act, the fee for an application for provisional accreditation or accreditation is:

[43]         Subregulation 28 (3)

substitute

         (3)   For subsection 26 (3A) of the Act, the fee for registration of a certificate is as follows:

                (a)    for the first 250 certificates registered — nil;

               (b)    for the 251st certificate registered — $20.08;

                (c)    for all certificates registered after the 251st certificate — 8 cents.

[44]         Subregulation 28 (5), not including the note

substitute

         (5)   For section 98 of the Act, the administration fee for a certificate surrendered by a liable entity under section 95 of the Act for a charge year is:

where:

total of certificate values is the total of the certificate values of all certificates surrendered by the liable entity under paragraph 95 (1) (b) for that year.

number of certificates is the number of certificates surrendered by the liable entity under section 95 for that year.

P is:

                (a)    if the total of certificate values for the number of certificates surrendered for the charge year is less than $1 000 — 2%; or

               (b)    if the total of certificate values for the number of certificates surrendered for the charge year is at least $1 000 but less than $5 000 — 1.5%; or

                (c)    if the total of certificate values for the number of certificates surrendered for the charge year is at least $5 000 but less than $15 000 — 1%; or

               (d)    if the total of certificate values for the number of certificates surrendered for the charge year is $15 000 or more — 0.5%.

[45]         Regulation 29

omit

[46]         Schedule 1, heading

substitute

Schedule 1        Guidelines for determining components of electricity generation system that are taken to be part of a power station

(subregulation 4 (2))

[47]         Schedule 1, subclause 1.1

omit

Components of an electricity generation system

insert

Components of an electricity generation system that may be taken to be part of a power station for the Act

[48]         Schedule 1, subclause 1.2, including the note

substitute

     1.2       The components of a supplementary power supply for an electricity generation system are taken to be components of the system that may be taken to be part of a power station for the Act.

Note   To the extent that a supplementary power supply uses energy sources that are not eligible renewable energy sources or that are generated during any period of suspension of accreditation of the accredited power station, the electricity generated is to be omitted in calculating the amount of electricity generated by the power station: see Act, subsection 18 (4).

[49]         Schedule 1, subclauses 1.3, 1.4 and 1.5

substitute

     1.3       If fuel is processed in an electricity generation system before it is converted to electrical energy, the fuel processing and delivery components of the system may be taken to be part of a power station for the Act.

     1.4       A long‑term storage hydro‑electric dam that provides water to 2 or more power stations is to be taken to be a component of each power station affected by release of water from the dam.

     1.5       This Schedule is not intended to limit the kind of components of an electricity generation system that may be taken to be part of a power station for the Act.

[50]         Schedule 1, subclause 2.1

omit everything before paragraph (a), insert

     2.1       The following components of an electricity generation system that uses bioenergy may be taken to be part of a power station for the Act:

[51]         Schedule 1, paragraph 2.1 (j)

substitute

                (j)    gas cleaning system;

[52]         Schedule 1, paragraph 2.1 (o)

substitute

               (o)    oxygen supply system;

[53]         Schedule 1, paragraph 2.1 (q)

substitute

               (q)    pumping equipment;

[54]         Schedule 1, subclause 3.1

substitute

     3.1       If an electricity generation system co‑fires an energy source that is not an eligible renewable energy source and fuel from an eligible renewable energy source, each component of the system (regardless of the kind of energy source used to fuel the component) may be taken to be part of a power station for the Act.

[55]         Schedule 1, subclause 4.1

omit everything before paragraph (a), insert

     4.1       The following components of an electricity generation system that is a fuel cell may be taken to be part of a power station for the Act:

[56]         Schedule 1, paragraph 4.1 (h)

substitute

                (h)    pumping equipment;

 [57]        Schedule 1, subclause 5.1

omit everything before paragraph (a), insert

     5.1       The following components of a geothermal electricity generation system may be taken to be part of a power station for the Act:

[58]         Schedule 1, paragraph 5.1 (e)

substitute

                (e)    water treatment system;

[59]         Schedule 1, subclause 6.1

omit everything before paragraph (a), insert

     6.1       The following components of a hydro‑electric electricity generation system may be taken to be part of a power station for the Act:

[60]         Schedule 1, paragraphs 6.1 (d) and (e)

substitute

               (d)    water discharge system;

                (e)    water intake system;

[61]         Schedule 1, subclause 7.1

omit everything before paragraph (a), insert

     7.1       The following components of an ocean, wave or tide electricity generation system may be taken to be part of a power station for the Act:

[62]         Schedule 1, subclause 8.1

omit everything before paragraph (a), insert

     8.1       The following components of a solar electricity generation system may be taken to be part of a power station for the Act:

[63]         Schedule 1, subclause 10.1

omit everything before paragraph (a), insert

   10.1       The following components of an electricity generation system that is a wind farm may be taken to be part of a power station for the Act:

[64]         Schedule 2

omit

[65]         Schedule 3, heading

substitute

Schedule 3        Guidelines for determining 1997 eligible renewable power baseline for a power station

(regulation 5)

[66]         Schedule 3, clause 1

substitute

1              Nil baselines

     1.1       The 1997 eligible renewable power baseline for a power station is nil if:

                (a)    before 1 January 1997, the power station generated electricity using an energy source that was not an eligible renewable energy source and, on or after that date, the power station began generating electricity using an eligible renewable energy source; or

               (b)    the power station began generating electricity for the first time on or after 1 January 1997, and all or part of the electricity was generated using an eligible renewable energy source; or

                (c)    the power station was built after 1 January 1997 to take advantage of a change in water flow as a result of an action or policy of the Commonwealth Government to divert water from one power station to another.

[67]         Schedule 3, subclause 2.1

omit

generated electricity

insert

generated electricity using an eligible renewable energy source

[68]         Schedule 3, subclause 2.2

omit

amount of electricity

insert

amount of electricity generated using an eligible renewable energy source

[69]         Schedule 3, subclause 2.3

substitute

     2.3       However, if the power station did not generate electricity using an eligible renewable energy source continuously in the reference period, the Regulator may:

                (a)    for a power station that generated electricity using an eligible renewable energy source for at least 24 months in the reference period:

                          (i)    extrapolate the amount of electricity generated using an eligible renewable energy source or, in consultation with the nominated person for the power station, model the output of the power station over the months when electricity was not generated, based on fuel use, plant capacity and plant technology; and

                         (ii)    if, in the reference period, the power station began to generate electricity using an eligible renewable energy source, or increased its capacity to generate electricity using an eligible renewable energy source — model the output of the power station over the year when the power station began to generate electricity or increased its capacity to generate electricity, based on fuel use, plant capacity and plant technology; or

               (b)    for a power station that generated electricity using an eligible renewable energy source for less than 24 months in the reference period:

                          (i)    in consultation with the nominated person for the power station, model the output of the power station over the months when electricity was not generated, based on fuel use, plant capacity and plant technology; and

                         (ii)    if, in the reference period, the power station began to generate electricity using an eligible renewable energy source, or increased its capacity to generate electricity using an eligible renewable energy source — model the output of the power station over the year when the power station began to generate electricity or increased its capacity to generate electricity, based on fuel use, plant capacity and plant technology.

[70]         Schedule 3, subclause 2.4

omit

For a power station that sold electricity intermittently in 1994, 1995 and 1996,

insert

If, in the reference period, the power station generated, on an intermittent basis, electricity using an eligible renewable energy source,

[71]         Schedule 3, subclause 3.1

substitute

     3.1       This clause applies to a power station that generates electricity using an eligible renewable energy source.

  3.1A       The nominated person for the power station may apply to the Regulator, or the Regulator may decide on his or her own initiative, to determine a 1997 eligible renewable power baseline for the power station in a manner different from that set out in clause 2, if:

                (a)    the nominated person or the Regulator considers that a period other than the reference period mentioned in clause 2 would be more representative of the normal operational cycles of the power station; and

               (b)    any of the conditions mentioned in subclause 3.2 are satisfied.

[72]         Schedule 3, subclause 3.2

after

power baseline

insert

for the power station

[73]         Schedule 3, paragraph 3.2 (a)

omit

electricity generation

insert

electricity generated using an eligible renewable energy source

[74]         Schedule 3, paragraph 3.2 (aa)

omit

1994, 1995 and 1996

insert

the reference period

[75]         Schedule 3, paragraph 3.2 (b)

omit

in 1994, 1995 or 1996,

insert

at any time in the reference period,

[76]         Schedule 3, paragraph 3.2 (c)

omit

the registered person;

insert

the nominated person;

[77]         Schedule 3, paragraph 3.2 (d)

substitute

               (d)    the amount of electricity generated by the power station before 1994 using an eligible renewable energy source was significantly different from that generated in the reference period for reasons other than the capacity of the power station, demand for electricity or other operating constraints; or

[78]         Schedule 3, paragraph 3.2 (e)

omit

in 1994, 1995 or 1996 the electricity generation capacity or output of the power station

insert

at any time in the reference period, the power station’s capacity to generate electricity using an eligible renewable energy source, or its output,

[79]         Schedule 3, paragraph 3.2 (f)

omit

reduces a power station’s ability to generate electricity

insert

reduced the power station’s capacity to generate electricity using an eligible renewable energy source

[80]         Schedule 3, subclause 3.3

after

power baseline

insert

for the power station

[81]         Schedule 3, paragraph 3.3 (a)

omit

the amount of energy the power station could have produced

insert

the amount of electricity the power station could have generated using an eligible renewable energy source

[82]         Schedule 3, paragraph 3.3 (c)

substitute

                (c)    the amount of electricity the power station has had to generate using an eligible renewable energy source to meet the requirements of the electricity grid; and

[83]         Schedule 3, paragraph 3.3 (d)

omit

electricity generation by the power station;

insert

the amount of electricity the power station generated using an eligible renewable energy source;

[84]         Schedule 3, paragraph 3.3 (e)

substitute

                (e)    any other information provided by the nominated person about electricity generated by the power station.

[85]         Schedule 3, clauses 4 and 5

omit

[86]         Schedule 3, subclause 6.1

substitute

     6.1       For 2001, the 1997 eligible renewable power baseline for a power station is taken to be three‑quarters of the baseline determined for the power station.

[87]         After Schedule 3

insert

Schedule 4        Determination of solar water heater certificates

(paragraph 19B (2) (a))

  

 

Item

Australian Standard

     1

AS/NZS 2535.1:2007, ‘Test methods for solar collectors — Thermal performance of glazed liquid heating collectors including pressure drop’

     2

AS 4234—1994, ‘Solar water heaters ‑ Domestic and heat pump — Calculation of energy consumption’

     3

AS/NZS 4692.1:2005, ‘Electric water heaters — Energy consumption, performance and general requirements’

[88]         Schedule 5, heading

substitute

Schedule 5        Zone ratings and zones for solar (photovoltaic) systems

(subregulation 20 (4))

[89]         Schedule 5, Part 2, heading

substitute

Part 2          Zones

Schedule 2        Amendments commencing 30 days after commencement of Schedule 1

(regulation 3)

  

[1]           Paragraph 3A (1) (a)

substitute

                (a)    it is entered in the Register of solar water heaters; and

              (aa)    for the period, or on or after the date, it is stated in the Register for the device; and

[2]           Schedule 7

omit


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.