Federal Register of Legislation - Australian Government

Primary content

SLI 2012 No. 101 Regulations as made
This regulation amends the Renewable Energy (Electricity) Regulations 2001 to support the provisions of the Renewable Energy (Electricity) Act 2000 that deal with the provision of partial exemptions from liability in respect of the electricity acquired for use in carrying on emissions intensive, trade exposed activities.
Administered by: Climate Change and Energy Efficiency
Made 14 Jun 2012
Registered 19 Jun 2012
Tabled HR 21 Jun 2012
Tabled Senate 21 Jun 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Repealed by Industry, Innovation, Climate Change, Science, Research and Tertiary Education (Spent and Redundant Instruments) Repeal Regulation 2013

Commonwealth Coat of Arms

Renewable Energy (Electricity) Amendment Regulation 2012 (No. 4)1

Select Legislative Instrument 2012 No. 101

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Renewable Energy (Electricity) Act 2000.

Dated 14 June 2012

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

GREG COMBET


1              Name of regulation

                This regulation is the Renewable Energy (Electricity) Amendment Regulation 2012 (No. 4).

2              Commencement

                This regulation commences on the day after it is registered.

3              Amendment of Renewable Energy (Electricity) Regulations 2001

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


Schedule 1        Amendments

(section 3)

 

[1]           Subregulation 22X (1A)

substitute

      (1A)   However, if an application under subsection 46A (1) of the Act for a partial exemption certificate is:

                (a)    for 2012; and

               (b)    made by a prescribed person mentioned in regulation 22G, 22H, 22I, 22J or 22K; and

                (c)    for an emissions-intensive trade-exposed activity mentioned in paragraph (1B) (a) or (b);

the application must be lodged with the Regulator in accordance with subregulation (1B).

      (1B)   An application mentioned in subregulation (1A) must be lodged as follows:

                (a)    for an activity mentioned in Parts 33 to 39 of Schedule 6—before 30 April 2012;

               (b)    for an activity mentioned in Parts 40 to 43 of Schedule 6—before 31 July 2012.

[2]           Schedule 6, clause 703

omit

2.63

insert

2.65

[3]           Schedule 6, after Part 39

insert

Part 40        Production of glass beads

Division 1       Production of glass beads

716         Production of glass beads

                The production of glass beads is the physical and chemical transformation of either or both of the following:

                (a)    recycled materials (such as cullet);

               (b)    all of the following:

                          (i)    silicon dioxide (SiO2, silica);

                         (ii)    sodium carbonate (Na2CO3, soda ash);

                        (iii)    any other raw materials;

through a crushing, sieving and firing process into saleable, solid, spherical glass beads where the refractive index is at least 1.50 and the size is smaller than 2 millimetres.

Division 2       Classification of activity

717         Classification of activity

                The production of glass beads is a highly emissions‑intensive activity.

Division 3       Electricity baseline for calculating partial exemption

718         Electricity baseline for product

                The electricity baseline for calculating the amount of a liable entity’s partial exemption in respect of the production of solid glass beads is 0.400 MWh per tonne of solid glass beads on a dry weight basis that:

                (a)    have a refractive index of at least 1.50; and

               (b)    have a size smaller than 2 millimetres; and

                (c)    are produced by carrying on the emissions-intensive trade-exposed activity; and

               (d)    are of saleable quality.

Note   Saleable quality is defined in regulation 22C.

Part 41        Production of sodium silicate glass

Division 1       Production of sodium silicate glass

719         Production of sodium silicate glass

                The production of sodium silicate glass is the physical and chemical transformation of silicon dioxide (SiO2, silica) and sodium carbonate (Na2CO3, soda ash) into saleable sodium silicate glass where the concentration of sodium silicate (Na2SiO3) is at least 99% with respect to mass.

Division 2       Classification of activity

720         Classification of activity

                The production of sodium silicate glass is a highly emissions‑intensive activity.

Division 3       Electricity baseline for calculating partial exemption

721         Electricity baseline for product

                The electricity baseline for calculating the amount of a liable entity’s partial exemption in respect of the production of sodium silicate glass is 0.0205 MWh per tonne of sodium silicate glass on a dry weight basis that:

                (a)    has a concentration of sodium silicate (Na2SiO3) that is at least 99% with respect to mass; 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.

Part 42        Production of polymer grade propene (polymer grade propylene)

Division 1       Production of polymer grade propene (polymer grade propylene)

722         Production of polymer grade propene (polymer grade propylene)

                The production of polymer grade propene (C3H6, polymer grade propylene) is the physical transformation of hydrocarbons that have a concentration of propene (C3H6, propylene) between 45% and 85% with respect to mass (inclusive) to polymer grade propene (polymer grade propylene) that has a concentration of propene (propylene) of at least 98% with respect to mass.

Division 2       Classification of activity

723         Classification of activity

                The production of polymer grade propene (C3H6, polymer grade propylene) is a highly emissions‑intensive activity.

Division 3       Electricity baseline for calculating partial exemption

724         Electricity baseline for product

                The electricity baseline for calculating the amount of a liable entity’s partial exemption in respect of the production of polymer grade propene (C3H6, polymer grade propylene) is 0.220 MWh per tonne of 100% equivalent propene contained within polymer grade propene (C3H6, propylene) that:

                (a)    has a concentration of propene that is at least 98% with respect to mass; and

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

Part 43        Production of rolled aluminium

Division 1       Production of rolled aluminium

725         Production of rolled aluminium

                The production of rolled aluminium is the chemical and physical transformation of either or both of primary aluminium metal and secondary aluminium metal with alloying metals into coiled aluminium sheet of saleable quality with a concentration of aluminium of at least 90% with respect to mass, and with a thickness no more than 6 millimetres.

Division 2       Classification of activity

726         Classification of activity

                The production of rolled aluminium is a highly emissions‑intensive activity.

Division 3       Electricity baseline for calculating partial exemption

727         Electricity baseline for product

                The electricity baseline for calculating the amount of a liable entity’s partial exemption in respect of the production of rolled aluminium is 0.982 MWh per tonne of coiled aluminium sheet that:

                (a)    has a concentration of aluminium of at least 90% with respect to mass; and

               (b)    has a thickness no more than 6 millimetres measured after the finishing process is complete; and

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

               (d)    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 www.comlaw.gov.au.