Federal Register of Legislation - Australian Government

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SLI 2011 No. 222 Regulations as made
These Regulations amend the Renewable Energy (Electricity) Regulations 2001 to exclude biomass from native forests as an eligible renewable energy resource, as announced as part of the Government’s suite of new policies and initiatives under the clean energy future plan. This amendment means that the defined source of ‘wood waste’ no longer includes products, by-products and waste associated with or produced from clearing or harvesting of native forests, subject to appropriate transitional arrangements for existing RET accredited power stations under prescribed circumstances.
Administered by: Industry, Innovation, Climate Change, Science, Research and Tertiary Education
Made 23 Nov 2011
Registered 23 Nov 2011
Tabled HR 24 Nov 2011
Tabled Senate 25 Nov 2011
Date of repeal 09 Aug 2013
Repealed by Industry, Innovation, Climate Change, Science, Research and Tertiary Education (Spent and Redundant Instruments) Repeal Regulation 2013
This Legislative Instrument has been subject to a Motion to Disallow:
Motion Date:
08-Feb-2012
Expiry Date:
21-Mar-2012
House:
House of Reps
Details:
Full
Resolution:
Negatived
Resolution Date:
19-Mar-2012
Resolution Time:
17:46
Provisions:
whole

Commonwealth Coat of Arms

Renewable Energy (Electricity) Amendment Regulations 2011 (No. 5)1

Select Legislative Instrument 2011 No. 222

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 23 November 2011

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

GREG COMBET


1              Name of Regulations

                These Regulations are the Renewable Energy (Electricity) Amendment Regulations 2011 (No. 5).

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.

4              Transitional

         (1)   Subregulation (2) applies in relation to a power station that:

                 (a)     was accredited under Division 3 of Part 2 of the Renewable Energy (Electricity) Act 2000 on or before 10 July 2011; and

                (b)     listed, in the application for accreditation, wood waste as an eligible energy source from which power was intended to be generated; and

                 (c)     has created at least one renewable energy certificate that:

                          (i)     was created because of electricity generated using wood waste; and

                         (ii)     was registered by the Regulator on or before 10 July 2011.

         (2)   Despite the amendment made by Schedule 1, regulation 8 of the Renewable Energy (Electricity) Regulations 2001, as in force immediately before the commencement of this regulation (previous regulation 8), continues to apply to a power station in the following circumstances:

                 (a)     if the power station has a generation capacity that is equal to or less than the generation capacity the power station had on 10 July 2011 — previous regulation 8 continues to apply to the power station until the earlier of the following:

                          (i)     the generation capacity of the power station exceeds the generation capacity the power station had on 10 July 2011;

                         (ii)     31 December 2020;

                (b)     if the power station has a generation capacity that is greater than the generation capacity the power station had on 10 July 2011 — previous regulation 8 continues to apply to the power station until 31 December 2020, but only in relation to any electricity the power station generates using wood waste in a calendar year up to the contingent annual cap.

         (3)   For this regulation:

contingent annual cap means the maximum amount of electricity generated using wood waste that a power station has previously generated over a full calendar year that:

                 (a)     commenced after the power station was accredited to use wood waste to generate electricity; and

                (b)     ended on 31 December 2011, or on 31 December of an earlier year.


Schedule 1        Amendment

(regulation 3)

 

[1]           Regulation 8

substitute

8              Meaning of wood waste

                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, other than a product or a by‑product that is derived from biomass from a native forest; and

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

               (d)    sawmill residue, other than sawmill residue derived from biomass from a native forest.

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).


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.