Federal Register of Legislation - Australian Government

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SLI 2011 No. 270 Regulations as made
These Regulations amend the Renewable Energy (Electricity) Regulations 2001 by prescribing 1 July 2012 as the starting day on which waste coal mine gas may be eligible waste coal mine gas for the purposes of the Renewable Energy (Electricity) Act 2000 (the Act). The Amending Regulations also insert a definition of ‘waste coal mine gas’ for the purposes of the Act, and insert provisions designed to prevent power stations continuing to create certificates under specified schemes from ‘double-dipping’ by also creating certificates under the Act.
Administered by: Climate Change and Energy Efficiency
Made 07 Dec 2011
Registered 12 Dec 2011
Tabled HR 07 Feb 2012
Tabled Senate 07 Feb 2012
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Repealed by Industry, Innovation, Climate Change, Science, Research and Tertiary Education (Spent and Redundant Instruments) Repeal Regulation 2013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 2011 (No. 6)1

Select Legislative Instrument 2011 No. 270

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 7 December 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. 6).

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]           After Division 2.2

insert

Division 2.2A        Eligible WCMG

10A         Eligible WCMG starting day

         (1)   For subparagraph 17A (1) (a) (i) of the Act, 1 July 2012 is prescribed as the starting day.

         (2)   However, subregulation (1) does not take effect if section 3 of the Clean Energy Act 2011 does not commence on or before 1 July 2012.

10B         Meaning of waste coal mine gas

         (1)   This regulation is made for subsection 17A (2) of the Act.

         (2)   For the purposes of the Act, waste coal mine gas means either of the following:

                (a)    coal seam gas that, as part of a coal mining operation, is drained from a coal mine that is covered by a coal mining lease (however called) that authorises coal mining;

               (b)    coal seam gas that is drained from a closed coal mine that is, or was, covered by a coal mining lease (however called) that authorises coal mining.

10C         Limitations on eligible WCMG

                For subsection 17A (3) of the Act, waste coal mine gas is not eligible WCMG if:

                (a)    an abatement certificate under the Electricity Supply Act 1995 (NSW); or

               (b)    a gas electricity certificate under the Electricity Act 1994 (Qld); or

                (c)    an abatement certificate under the Electricity (Greenhouse Gas Emissions) Act 2004 (ACT)

is created in relation to electricity generated using the waste coal mine gas.

[2]           Paragraph 20D (c)

omit

by the power station.

insert

by the power station; or

[3]           After paragraph 20D (c)

insert

               (d)    both:

                          (i)    at least one certificate has been created in relation to electricity generated by the power station using eligible WCMG; and

                         (ii)    after the creation of the certificate, one of the following is created in relation to electricity generated by the power station using waste coal mine gas:

                                   (A)     an abatement certificate under the Electricity Supply Act 1995 (NSW);

                                   (B)     a gas electricity certificate under the Electricity Act 1994 (Qld);

                                   (C)     an abatement certificate under the Electricity (Greenhouse Gas Emissions) Act 2004 (ACT).

[4]           Further amendments — renewable energy

                The following provisions are amended by omitting each mention of ‘renewable energy’ and inserting ‘energy’.

·      subregulation 14 (1), definition of FSL

·      subregulation 14 (1), definition of AUX, note

·      regulation 15

·      paragraph 15A (c)

·      regulation 16

·      paragraph 18 (1) (e)

·      subparagraph 18 (1) (j) (ii)

·      paragraph 20D (a)

·      subparagraphs 20E (1) (a) (iii) and (2) (a) (iii)

·      Schedule 1, paragraph 1.1 (a)

·      Schedule 1, subclause 1.2 , note

·      Schedule 1, subclause 3.1


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.