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SLI 2010 No. 204 Regulations as made
These Regulations amend the Renewable Energy (Electricity) Regulations 2001 to provide for additional renewable energy certificates to be created in relation to off-grid small generation units consistent with section 23B of the Renewable Energy (Electricity) Act 2000 and define alumina refining as an emissions-intensive trade-exposed activity.
Administered by: Climate Change and Energy Efficiency
Made 08 Jul 2010
Registered 09 Jul 2010
Tabled HR 28 Sep 2010
Tabled Senate 28 Sep 2010
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Repealed by Industry, Innovation, Climate Change, Science, Research and Tertiary Education (Spent and Redundant Instruments) Repeal Regulation 2013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 2010 (No. 4)1

Select Legislative Instrument 2010 No. 204

I, QUENTIN BRYCE, Governor-General 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 8 July 2010

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

GREG COMBET

Minister for Defence Materiel and Science for the Minister for Climate Change, Energy Efficiency and Water


1              Name of Regulations

                These Regulations are the Renewable Energy (Electricity) Amendment Regulations 2010 (No. 4).

2              Commencement

                These Regulations commence on the day after they are registered.    

3              Amendment of Renewable Energy (Electricity) Regulations 2001

                Schedule 1 amends the Renewable Energy (Electricity) Regulations 2001.


Schedule 1        Amendments

(regulation 3)

 

[1]           Subregulation 20 (2A)

after

(output power),

insert

and is not a unit to which subregulation (2C) or (2E) applies,

[2]           Subregulation 20 (2B)

after

or less,

insert

and is not a unit to which subregulation (2E) applies,

[3]           After subregulation 20 (2B)

insert

      (2C)   This subregulation applies to a small generation unit if:

                (a)    the unit:

                          (i)    has a rated power output of more than 20 kW (output power); and

                         (ii)    is an off-grid small generation unit; and

                         (iii)    was installed after 28 June 2010 and before 1 July 2015; and

               (b)    at the time the certificates are created, the number of multiplier certificates created for off-grid small generation units installed in the period in which the unit is installed does not equal or exceed the maximum number mentioned in subregulation (2G) for the period; and

                (c)    the creation of certificates for the unit will not cause the number of multiplier certificates created for off-grid small generation units installed in the period in which the unit was installed to exceed the maximum number mentioned in subregulation (2G) for the period.

      (2D)   The number of certificates created for a unit to which subregulation (2C) applies is to be worked out:

                (a)    by adding together:

                          (i)    the number of certificates created for the first 20 kW of the unit’s output power (as multiplied in accordance with regulation 20AA); and

                         (ii)    the number of certificates created for the remainder of the unit’s output power; and

               (b)    by rounding down the number of certificates worked out under paragraph (a) to the nearest whole number.

       (2E)   This subregulation applies to a small generation unit if:

                (a)    the unit:

                          (i)    has a rated power output of 20 kW or less; and

                         (ii)    is an off-grid small generation unit; and

                         (iii)    was installed after 28 June 2010 and before 1 July 2015; and

               (b)    at the time the certificates are created, the number of multiplier certificates created for off-grid small generation units installed in the period in which the unit is installed does not equal or exceed the maximum number mentioned in subregulation (2G) for the period; and

                (c)    the creation of certificates for the unit will not cause the number of multiplier certificates created for off-grid small generation units installed in the period in which the unit is installed to exceed the maximum number mentioned in subregulation (2G) for the period.

       (2F)   The number of certificates created for a unit to which subregulation (2E) applies is to be worked out:

                (a)    by multiplying the number of certificates in accordance with regulation 20AA; and

               (b)    by rounding down the number of certificates worked out under paragraph (a) to the nearest whole number.

      (2G)   For paragraphs (2C) (b) and (2E) (b), the maximum number of multiplier certificates that may be created for off-grid small generation units installed in a period is the number mentioned in the following table for the period.

Item

Period

Number

1

1 July 2010 to 30 June 2011

250 000

2

1 July 2011 to 30 June 2012

250 000

3

1 July 2012 to 30 June 2013

200 000

4

1 July 2013 to 30 June 2014

150 000

5

1 July 2014 to 30 June 2015

100 000

      (2H)   If subregulation (2C) or (2E) does not apply to a small generation unit only because paragraph (2C) (c) or (2E) (c) does not apply to the unit, the number of certificates that may be created for the unit is the sum of:

                (a)    the number that may be created for the unit under paragraph (2A) or (2B); and

               (b)    the number of certificates that would cause the number of multiplier certificates created for off-grid small generation units installed in the period in which the unit was installed to equal the maximum number mentioned in subregulation (2G) for the period.

        (2I)   For paragraphs (2C) (b) and (c) and (2E) (b) and (c), a certificate that the Regulator determines is not eligible for registration is not to be included in the number of multiplier certificates created for the period for off-grid small generation units installed in the period.

       (2J)   For this regulation:

multiplier certificates, for off-grid small generation units installed in a period mentioned in the table in subregulation (2G), means the certificates created for units using the multiplier in subregulation 20AA (2), other than the certificates that would have been created were the multiplier applied only to the first 1.5 kW of the rated power output for those units.

[4]           Paragraph 20AA (3) (c)

substitute

                (c)    only if the certificates relate to:

                          (i)    for a unit to which subregulation 20 (2C) or (2E) applies  — the first 20 kW of the rated power output of the unit; or

                         (ii)    for any other unit  — the first 1.5 kW of the rated power output of the unit.

[5]           Regulation 22D, note 2

omit

definition on

insert

definition of

[6]           Schedule 6, after Part 17

insert

Part 18        Alumina refining

Division 1       Alumina refining

650         Alumina refining

     (1)       Alumina refining is the physical and chemical transformation of bauxite (which is an ore containing mineralised aluminium compounds) into alumina (aluminium oxide (Al2O3)) with a concentration of aluminium oxide equal to or greater than 95%.

     (2)       Alumina refining is specified as an emissions-intensive trade‑exposed activity.

Division 2       Classification of activity

651         Classification of activity

                Alumina refining is a highly emissions-intensive activity.

Note   See subregulations 22ZA (2) and (5).

Division 3       Electricity baseline for calculating partial exemption

652         Electricity baseline for product

                The electricity baseline for calculating the amount of a liable entity’s partial exemption in relation to alumina refining is 0.228 MWh per tonne of alumina (aluminium oxide (Al2O3)) that:

                (a)    has a concentration of aluminium oxide equal to or greater than 95%; and

               (b)    is produced by carrying on the emissions-intensive trade‑exposed activity; and

                (c)    is of saleable quality.

Note   Saleable quality is defined in regulation 22C.


Note

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