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Renewable Energy (Electricity) Regulations 2001

Authoritative Version
SR 2001 No. 2 Regulations as amended, taking into account amendments up to Renewable Energy (Electricity) Amendment (Percentages) Regulations 2019
Administered by: Environment and Energy
Registered 22 Mar 2019
Start Date 13 Mar 2019

Commonwealth Coat of Arms of Australia

Renewable Energy (Electricity) Regulations 2001

Statutory Rules No. 2, 2001

made under the

Renewable Energy (Electricity) Act 2000

Compilation No. 70

Compilation date:                              13 March 2019

Includes amendments up to:            F2019L00279

Registered:                                         22 March 2019

 

About this compilation

This compilation

This is a compilation of the Renewable Energy (Electricity) Regulations 2001 that shows the text of the law as amended and in force on 13 March 2019 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part 1—Preliminary                                                                                                             1

1............ Name of Regulations........................................................................... 1

3............ Definitions.......................................................................................... 1

3A......... Conditions for solar water heater........................................................ 4

3B......... Definition of auxiliary loss................................................................. 5

Part 2—Renewable energy certificates                                                                     6

Division 2.1A—Registration                                                                                     6

3L.......... Determining fit and proper person...................................................... 6

Division 2.1—Accreditation                                                                                      9

3S.......... Final day for including eligible WCMG in application........................ 9

4............ Eligibility for accreditation.................................................................. 9

5............ 1997 eligible renewable power baselines............................................ 9

5A......... 2008 WCMG limit.............................................................................. 9

Division 2.2—Eligible renewable energy sources                                        10

6............ Meaning of certain energy sources that are eligible renewable energy sources (Act s 17)        10

7............ Meaning of certain energy sources that are not eligible renewable energy sources (Act s 17)  10

8............ Meaning of wood waste.................................................................... 11

9............ Energy crops (Act s 17).................................................................... 12

10.......... Special requirements—ocean, wave and tide..................................... 12

Division 2.2A—Eligible WCMG                                                                           13

10A....... Eligible WCMG starting day............................................................. 13

10B....... Meaning of waste coal mine gas....................................................... 13

10C....... Limitations on eligible WCMG......................................................... 13

Division 2.3—Eligible electricity generation                                                  14

Subdivision 2.3.1—Accredited power stations                                                  14

13.......... Working out electricity generation for a power station...................... 14

14.......... General formula................................................................................ 14

15.......... Ineligible fuel component.................................................................. 15

15A....... Electricity omitted from calculation................................................... 15

16.......... Supplementary generation................................................................. 15

18.......... Electricity generation returns for accredited power stations (Act s 20) 15

Subdivision 2.3.2—Solar water heaters                                                              17

19.......... Creation of certificates for solar water heaters (Act s 21).................. 17

19A....... Number of certificates....................................................................... 17

19B....... Determination of method for determining number of certificates...... 18

19BA.... Determination of number of certificates............................................ 18

19BB..... Variation of determination................................................................. 19

19BC..... Requests for determination................................................................ 20

19BD.... Invitation for requests for determination........................................... 21

19BE..... Working out number of certificates that may be created.................... 21

19C....... Register of solar water heaters (Act s 23AA)................................... 21

Subdivision 2.3.3—Small generation units                                                        22

19D....... Creation of certificates for small generation units (Act s 23A).......... 22

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

20AA.... Multiplying number of certificates (Act s 23B)................................. 26

20AAA. Further circumstances for multiplying number of certificates............ 28

20AB.... Regulator may make determinations about particular premises......... 30

20AC.... Requirements for creation of certificates........................................... 30

20A....... Assignment of small generation unit certificates (Act s 23C)............ 32

20B....... Election to not create certificates (Act s 23E).................................... 32

20BA.... Record keeping for small generation units........................................ 32

Division 2.5A—Suspension of registration                                                      33

20CL..... Determining fit and proper person.................................................... 33

Division 2.5—Suspending accreditation of a power station                   34

20DA.... Matters relevant to a decision to suspend the accreditation of a power station (Act s 30D)      34

20D....... Circumstances for suspending accreditation of an accredited power station (Act s 30E)          34

Division 2.6—Varying 1997 eligible renewable power baseline for an accredited power station                                                                                                       36

20E........ Circumstances for varying 1997 eligible renewable power baseline for an accredited power station (Act s 30F)................................................................................................ 36

20F........ Notification of determination under regulation 20E........................... 37

Division 2.7—Varying 2008 WCMG limit for an accredited power station       39

20FA..... Guidelines for varying 2008 WCMG limit....................................... 39

20FB..... Circumstances for varying 2008 WCMG limit for an accredited power station       39

20FC..... Redistribution of 2008 WCMG limits between accredited power stations               40

20FD..... Notification of determination............................................................. 40

Part 2A—Clearing house for small‑scale technology certificates           42

20G....... Operation of clearing house.............................................................. 42

20H....... Application to enter small‑scale technology certificates into clearing house             42

20I......... Entering small‑scale technology certificates into the clearing house.. 43

20J........ Removing small‑scale technology certificates from clearing house transfer list        43

20K....... Regulator may withdraw small‑scale technology certificates from clearing house    43

20L........ Owner may request Regulator to withdraw small‑scale technology certificates        44

20M...... Persons not entitled to purchase small‑scale technology certificates through clearing house    44

20N....... Small‑scale technology certificates to be transferred or created within 3 days          44

20O....... Refunds............................................................................................. 45

20P........ GST registration................................................................................ 45

Part 3—Acquisition of electricity                                                                                46

21A....... Prescribed person or body................................................................ 46

21.......... Amount of electricity acquired.......................................................... 46

22.......... Capacity of grids............................................................................... 47

Part 3A—Exemption Certificates                                                                              48

Division 1—Interpretation                                                                                       48

22A....... Interpretation..................................................................................... 48

22B....... Conditions for production to be referrable to a site........................... 51

22C....... Meaning of saleable quality.............................................................. 52

Division 2—Emissions‑intensive trade‑exposed activities                       54

22D....... Emissions‑intensive trade‑exposed activities..................................... 54

Division 3—Publication of information                                                             55

22E........ Information about exemptions to be published—section 38C of the Act  55

Division 4—Applications for exemption certificates                                  56

Subdivision A—Who may apply—prescribed persons                                   56

22F........ Prescribed persons—subsection 46A(1) of the Act.......................... 56

22G....... Prescribed person—person with contract for supply of electricity to site 56

22H....... Prescribed person—liable entity with operational control................. 56

22I......... Prescribed person—liable entity for future activity........................... 57

22J........ Prescribed person—person with a new contract for supply of electricity 57

22K....... Prescribed person—nominated person.............................................. 58

22L........ Prescribed person—liable entity changes (production calculation method)              59

22LA..... Prescribed person—liable entity changes (electricity use method).... 60

22M...... Prescribed person—multiple liable entities (production calculation method)            60

22MA... Prescribed person—multiple liable entities (electricity use method).. 61

Subdivision B—Information to be included in applications under subsection 46A(1) of the Act                                                                                                         61

22N....... Information to be included................................................................ 61

22O....... Information to be included with all applications................................ 62

22Q....... Information to be included in applications for new entrant site......... 63

22R....... Information to be included in applications for significantly expanded site                64

22S........ Information to be included for person prescribed under regulation 22L or 22LA    66

22T........ Information to be included for person prescribed under regulation 22M or 22MA  67

Subdivision BA—Reports to accompany certain applications for exemption amounts to be worked out under Division 5 (production calculation method)             67

22UA.... Reports to accompany certain applications........................................ 67

22UB.... Application to be accompanied by audit report.................................. 68

22UC.... Application of National Greenhouse and Energy Reporting (Audit) Determination 2009       69

Subdivision BB—Reports to accompany certain applications for exemption amounts to be worked out under Division 5A (electricity use method)                          69

22UF..... Application of this Subdivision......................................................... 69

22UG.... When an audit report is required....................................................... 69

22UH.... Requirements for audit report............................................................ 71

Subdivision C—Time and manner of lodging applications under section 46A of the Act           71

22V....... Time for lodging............................................................................... 71

22X....... Time for lodging—applications for exemption amount to be worked out under Division 5 (production calculation method)........................................................................... 71

22XA.... Time for lodging—applications for exemption amount to be worked out under Division 5A (electricity use method)....................................................................................... 72

22Y....... Manner and form of lodging............................................................. 72

Division 5—Method for working out amount of exemption: production calculation method (before 2020)                                                                                         73

Subdivision A—General                                                                                         73

22Z........ Method for calculating amount of exemption.................................... 73

Subdivision B—Method for calculation                                                             73

22ZA..... Method.............................................................................................. 73

Subdivision C—Matters relating to factor ASP                                               74

22ZB..... Factor—ASP..................................................................................... 74

22ZC..... Regulator must be satisfied about amount or volume........................ 76

22ZD..... Factor—EASPiatfincurr......................................................................... 78

Subdivision D—Matters relating to factor G                                                    80

22ZE..... Factor—G......................................................................................... 80

Subdivision E—Method for calculation if liable entity changes and new certificate is issued   81

22ZF..... Prescribed method if liable entity changes and new certificate is issued—paragraph 46B(1)(a) of the Act.................................................................................................... 81

22ZG..... Prescribed method if there is a second liable entity and new certificate is issued—paragraph 46B(1)(a) of the Act.......................................................................................... 82

Division 5A—Method for working out amount of exemption: electricity use method   83

22ZHA.. Application of this Division.............................................................. 83

22ZHB.. When electricity is consumed in carrying on an activity.................... 83

22ZHC.. Method for working out amount of exemption................................. 84

22ZHD.. Notice of certifiable amount.............................................................. 85

Division 6—Form of exemption certificate                                                     86

22ZI...... Prescribed information—paragraph 46B(1)(b) of the Act................. 86

22ZJ...... Exemption certificate information...................................................... 86

Division 7—Prescribed period for issuing exemption certificates      87

22ZK..... Prescribed period.............................................................................. 87

22ZL..... Prescribed period for issuing exemption certificate for 2010 and subsequent years 87

Division 8—Amending exemption certificates                                               88

Subdivision A—Amendment of exemption certificates on application—paragraph 46C(2)(a) of the Act                                                                                                   88

22ZN..... Amendment upon request................................................................. 88

Subdivision B—Amendment of exemption certificate on Regulator’s own initiative—subsection 46C(3) of the Act                                                     88

22ZO..... Amendment of exemption certificate—subsection 46A(3) of the Act 88

22ZP..... Circumstance—if change of liable entity (regulation 22L applies).... 88

22ZPA.. Circumstance—if change of liable entity (regulation 22LA applies). 90

22ZQ..... Circumstances—if there is a second liable entity (regulation 22M applies)              90

22ZQA.. Circumstances—if there are multiple liable entities (regulation 22MA applies)        91

22ZR..... Circumstance—if activity ceases at site............................................. 91

22ZS..... Circumstance—if exemption certificate is inaccurate......................... 92

Division 8A—Information for exemption certificates                               94

22ZSA.. Requirement to give information....................................................... 94

Division 9—Record keeping                                                                                    95

22ZT..... Records to be kept by persons issued with an exemption certificate. 95

Part 4—Renewable energy shortfall charge                                                        96

Division 1—Liability to charge—small‑scale technology shortfall charge          96

22ZU..... Prescribed percentage........................................................................ 96

22ZV..... Energy acquisition statement lodged—requirements for Regulator exercising powers or functions.......................................................................................................... 96

22ZW.... No energy acquisition statement lodged—requirements for Regulator exercising powers or functions.......................................................................................................... 96

22ZX..... Applications under section 38AF of Act........................................... 97

22ZY..... Applications under section 38AG of Act.......................................... 97

Division 2—Large‑scale generation shortfall charge                               99

23.......... Renewable power percentage............................................................ 99

Division 3—Small‑scale technology shortfall charge                              100

23A....... Small‑scale technology percentage.................................................. 100

Part 5—Statements and assessments                                                                      101

24.......... Annual energy acquisition statements............................................. 101

24A....... Surrender of small‑scale technology certificates.............................. 101

24B....... Surrender of additional certificates.................................................. 102

25.......... Annual large‑scale generation shortfall statements.......................... 102

25A....... Annual small‑scale technology shortfall statements........................ 102

Part 6—Administration                                                                                                  104

26.......... Seizing and disposing of property................................................... 104

27.......... Identity cards for authorised officers............................................... 104

28.......... Fees................................................................................................. 104

Part 7—Inspections of small generation units                                                  107

Division 1—General                                                                                                  107

29.......... Purpose of Part............................................................................... 107

30.......... General requirements for inspections.............................................. 107

31.......... Part 7 not to limit other inspections................................................. 107

32.......... Publication of inspections............................................................... 107

Division 2—Appointment of inspectors                                                           108

33.......... Appointment of inspectors.............................................................. 108

34.......... Identity cards................................................................................... 108

35.......... Offence for not returning identity card............................................ 108

36.......... Inspector must not have conflict of interest..................................... 109

Division 3—Powers of inspectors                                                                       110

37.......... Entry to premises............................................................................ 110

38.......... Consent........................................................................................... 110

39.......... Matters for inspection..................................................................... 110

40.......... Conduct of inspection..................................................................... 111

41.......... Dealing with imminent safety risks................................................. 112

Division 4—Reports                                                                                                  114

42.......... Inspector to prepare a report............................................................ 114

43.......... Procedural fairness.......................................................................... 114

44.......... Copy of final report to be provided to interested parties.................. 114

45.......... Copy of report to be provided to Clean Energy Council................. 115

46.......... Copy of report to be provided to relevant State or Territory Regulators 115

47.......... Regulator may declare person ineligible to design and install small generation units                115

48.......... Matters to consider before making declaration................................ 116

Part 8—Review                                                                                                                    117

49.......... Review of decisions........................................................................ 117

Part 9—Application and transitional provisions                                             118

50.......... Amendments made by the Clean Energy Legislation Amendment (2014 Measures No. 1) Regulation 2014.............................................................................. 118

51.......... Amendments made by the Renewable Energy (Electricity) Amendment (Exemptions for EITE Activities) Regulation 2015.............................................................................. 118

52.......... Amendments made by the Renewable Energy (Electricity) Amendment (Small‑scale Solar Eligibility and Other Measures) Regulations 2019......................................... 119

Schedule 1—Guidelines for determining components of electricity generation system that are taken to be part of a power station      120

1............ General............................................................................................ 120

2............ Bioenergy........................................................................................ 120

3............ Co‑firing......................................................................................... 121

4............ Fuel cell........................................................................................... 121

5............ Geothermal electricity generation.................................................... 121

6............ Hydro‑electricity............................................................................. 122

7............ Ocean, wave and tide...................................................................... 122

8............ Solar electricity generation.............................................................. 122

10.......... Wind............................................................................................... 123

11.......... Waste coal mine gas........................................................................ 123

Schedule 3—Guidelines for determining 1997 eligible renewable power baseline for a power station                                            124

1............ Nil baselines.................................................................................... 124

2............ Default baselines............................................................................. 124

3............ Special baselines............................................................................. 125

6............ Baselines in 2001............................................................................ 126

7............ Treatment of waste coal mine gas as eligible energy source............ 126

Schedule 3A—Guidelines for determining 2008 WCMG limit          127

1............ Meaning of WCMG power station.................................................. 127

2............ Overall 2008 WCMG limit............................................................. 127

3............ 2008 WCMG limit—general........................................................... 127

4............ 2008 WCMG limit—special circumstances.................................... 128

5............ Moderating 2008 WCMG limits..................................................... 129

Schedule 4—Determination of solar water heater certificates             130

Schedule 6—Emissions‑intensive trade‑exposed activities 131

Part 1—Preliminary                                                                                                         131

601........ Preliminary...................................................................................... 131

Part 2—Production of glass containers                                                                132

Division 1—Production of glass containers                                                  132

602........ Production of glass containers........................................................ 132

Division 2—Classification of activity                                                               133

603........ Classification of activity.................................................................. 133

Division 3—Electricity baseline for calculating exemption                  134

604........ Electricity baseline for product........................................................ 134

Part 3—Production of bulk flat glass                                                                    135

Division 1—Production of bulk flat glass                                                       135

605........ Production of bulk flat glass........................................................... 135

Division 2—Classification of activity                                                               136

606........ Classification of activity.................................................................. 136

Division 3—Electricity baseline for calculating exemption                  137

607........ Electricity baseline for product........................................................ 137

Part 4—Production of methanol                                                                               138

Division 1—Production of methanol                                                                 138

608........ Production of methanol................................................................... 138

Division 2—Classification of activity                                                               139

609........ Classification of activity.................................................................. 139

Division 3—Electricity baseline for calculating exemption                  140

610........ Electricity baseline for product........................................................ 140

Part 5—Production of carbon black                                                                      141

Division 1—Production of carbon black                                                        141

611........ Production of carbon black............................................................. 141

Division 2—Classification of activity                                                               142

612........ Classification of activity.................................................................. 142

Division 3—Electricity baseline for calculating exemption                  143

613........ Electricity baseline for product........................................................ 143

Part 6—Production of white titanium dioxide (TiO2) pigment             144

Division 1—Production of white titanium dioxide (TiO2) pigment  144

614........ Production of white titanium dioxide (TiO2) pigment..................... 144

Division 2—Classification of activity                                                               145

615........ Classification of activity.................................................................. 145

Division 3—Electricity baseline for calculating exemption                  146

616........ Electricity baseline for product........................................................ 146

Part 7—Production of silicon                                                                                      147

Division 1—Production of silicon                                                                       147

617........ Production of silicon....................................................................... 147

Division 2—Classification of activity                                                               148

618........ Classification of activity.................................................................. 148

Division 3—Electricity baseline for calculating exemption                  149

619........ Electricity baseline for product........................................................ 149

Part 8—Smelting zinc                                                                                                      150

Division 1—Smelting zinc                                                                                       150

620........ Smelting zinc................................................................................... 150

Division 2—Classification of activity                                                               151

621........ Classification of activity.................................................................. 151

Division 3—Electricity baseline for calculating exemption                  152

622........ Electricity baseline for product........................................................ 152

Part 9—Integrated production of lead and zinc                                             153

Division 1—Integrated production of lead and zinc                                153

623........ Integrated production of lead and zinc............................................. 153

Division 2—Classification of activity                                                               154

624........ Classification of activity.................................................................. 154

Division 3—Electricity baseline for calculating exemption                  155

625........ Electricity baseline for product........................................................ 155

Part 10—Aluminium smelting                                                                                    156

Division 1—Aluminium smelting                                                                         156

626........ Aluminium smelting........................................................................ 156

Division 2—Classification of activity                                                               157

627........ Classification of activity.................................................................. 157

Division 3—Electricity baseline for calculating exemption                  158

628........ Electricity baseline for product........................................................ 158

Part 11—Production of high purity ethanol                                                      159

Division 1—Production of high purity ethanol                                           159

629........ Production of high purity ethanol.................................................... 159

Division 2—Classification of activity                                                               160

630........ Classification of activity.................................................................. 160

Division 3—Electricity baseline for calculating exemption                  161

631........ Electricity baseline for product........................................................ 161

Part 12—Production of magnesia                                                                            162

Division 1—Production of magnesia                                                                162

632........ Production of magnesia................................................................... 162

Division 2—Classification of activity                                                               163

633........ Classification of activity.................................................................. 163

Division 3—Electricity baseline for calculating exemption                  164

634........ Electricity baseline for product........................................................ 164

Part 13—Manufacture of newsprint                                                                      165

Division 1—Manufacture of newsprint                                                           165

635........ Manufacture of newsprint............................................................... 165

Division 2—Classification of activity                                                               166

636........ Classification of activity.................................................................. 166

Division 3—Electricity baseline for calculating exemption                  167

637........ Electricity baseline for product........................................................ 167

Part 14—Dry pulp manufacturing                                                                          168

Division 1—Dry pulp manufacturing                                                               168

638........ Dry pulp manufacturing.................................................................. 168

Division 2—Classification of activity                                                               169

639........ Classification of activity.................................................................. 169

Division 3—Electricity baseline for calculating exemption                  170

640........ Electricity baseline for product........................................................ 170

Part 15—Cartonboard manufacturing                                                                171

Division 1—Cartonboard manufacturing                                                      171

641........ Cartonboard manufacturing............................................................. 171

Division 2—Classification of activity                                                               172

642........ Classification of activity.................................................................. 172

Division 3—Electricity baseline for calculating exemption                  173

643........ Electricity baseline for product........................................................ 173

Part 16—Packaging and industrial paper manufacturing                       174

Division 1—Packaging and industrial paper manufacturing              174

644........ Packaging and industrial paper manufacturing................................ 174

Division 2—Classification of activity                                                               175

645........ Classification of activity.................................................................. 175

Division 3—Electricity baseline for calculating exemption                  176

646........ Electricity baseline for product........................................................ 176

Part 17—Printing and writing paper manufacturing                                 177

Division 1—Printing and writing paper manufacturing                        177

647........ Printing and writing paper manufacturing....................................... 177

Division 2—Classification of activity                                                               178

648........ Classification of activity.................................................................. 178

Division 3—Electricity baseline for calculating exemption                  179

649........ Electricity baseline for product........................................................ 179

Part 18Alumina refining                                                                                           181

Division 1—Alumina refining                                                                               181

650........ Alumina refining............................................................................. 181

Division 2—Classification of activity                                                               182

651........ Classification of activity.................................................................. 182

Division 3—Electricity baseline for calculating exemption                  183

652........ Electricity baseline for product........................................................ 183

Part 19—Tissue paper manufacturing                                                                 184

Division 1—Tissue paper manufacturing                                                       184

653........ Tissue paper manufacturing............................................................ 184

Division 2—Classification of activity                                                               185

654........ Classification of activity.................................................................. 185

Division 3—Electricity baseline for calculating exemption                  186

655........ Electricity baseline for product........................................................ 186

Part 20—Integrated iron and steel manufacturing                                       187

Division 1—Integrated iron and steel manufacturing                             187

656........ Integrated iron and steel manufacturing........................................... 187

Division 2—Classification of activity                                                               189

657........ Classification of activity.................................................................. 189

Division 3—Electricity baseline for calculating exemption                  190

658........ Electricity baseline for product........................................................ 190

Part 21—Manufacture of carbon steel from cold ferrous feed             193

Division 1—Manufacture of carbon steel from cold ferrous feed    193

659........ Manufacture of carbon steel from cold ferrous feed........................ 193

Division 2—Classification of activity                                                               194

660........ Classification of activity.................................................................. 194

Division 3—Electricity baseline for calculating exemption                  195

661........ Electricity baseline for product........................................................ 195

Part 22—Petroleum refining                                                                                       197

Division 1—Petroleum refining                                                                           197

662........ Petroleum refining........................................................................... 197

Division 2—Classification of activity                                                               200

663........ Classification of activity.................................................................. 200

Division 3—Electricity baseline for calculating exemption                  201

664........ Electricity baseline for product........................................................ 201

Part 23—Production of ethene (ethylene)                                                           202

Division 1—Production of ethene (ethylene)                                                202

665........ Production of ethene (ethylene)....................................................... 202

Division 2—Classification of activity                                                               203

666........ Classification of activity.................................................................. 203

Division 3—Electricity baseline for calculating exemption                  204

667........ Electricity baseline for product........................................................ 204

Part 24—Production of polyethylene                                                                     205

Division 1—Production of polyethylene                                                         205

668........ Production of polyethylene............................................................. 205

Division 2—Classification of activity                                                               206

669........ Classification of activity.................................................................. 206

Division 3—Electricity baseline for calculating exemption                  207

670........ Electricity baseline for product........................................................ 207

Part 25—Production of synthetic rutile                                                                208

Division 1—Production of synthetic rutile                                                    208

671........ Production of synthetic rutile.......................................................... 208

Division 2—Classification of activity                                                               209

672........ Classification of activity.................................................................. 209

Division 3—Electricity baseline for calculating exemption                  210

673........ Electricity baseline for product........................................................ 210

Part 26—Production of manganese                                                                        211

Division 1—Production of manganese                                                             211

674........ Production of manganese................................................................ 211

Division 2—Classification of activity                                                               212

675........ Classification of activity.................................................................. 212

Division 3—Electricity baseline for calculating exemption                  213

676........ Electricity baseline for product........................................................ 213

Part 27—Production of clinker                                                                                 214

Division 1—Production of clinker                                                                      214

677........ Production of clinker....................................................................... 214

Division 2—Classification of activity                                                               215

678........ Classification of activity.................................................................. 215

Division 3—Electricity baseline for calculating exemption                  216

679........ Electricity baseline for product........................................................ 216

Part 28—Production of lime                                                                                        217

Division 1—Production of lime                                                                            217

680........ Production of lime........................................................................... 217

Division 2—Classification of activity                                                               218

681........ Classification of activity.................................................................. 218

Division 3—Electricity baseline for calculating exemption                  219

682........ Electricity baseline for product........................................................ 219

Part 29—Production of fused alumina                                                                 220

Division 1—Production of fused alumina                                                       220

683........ Production of fused alumina........................................................... 220

Division 2—Classification of activity                                                               221

684........ Classification of activity.................................................................. 221

Division 3—Electricity baseline for calculating exemption                  222

685........ Electricity baseline for product........................................................ 222

Part 30—Production of copper                                                                                 223

Division 1—Production of copper                                                                      223

686........ Production of copper....................................................................... 223

Division 2—Classification of activity                                                               224

687........ Classification of activity.................................................................. 224

Division 3—Electricity baseline for calculating exemption                  225

688........ Electricity baseline for product........................................................ 225

Part 31—Production of carbamide (urea)                                                          226

Division 1—Production of carbamide (urea)                                               226

689........ Production of carbamide (urea)....................................................... 226

Division 2—Classification of activity                                                               227

690........ Classification of activity.................................................................. 227

Division 3—Electricity baseline for calculating exemption                  228

691........ Electricity baseline for product........................................................ 228

Part 32—Production of sodium carbonate (soda ash) and sodium bicarbonate 229

Division 1—Production of sodium carbonate (soda ash) and sodium bicarbonate          229

692........ Production of sodium carbonate (soda ash) and sodium bicarbonate 229

Division 2—Classification of activity                                                               230

693........ Classification of activity.................................................................. 230

Division 3—Electricity baseline for calculating exemption                  231

694........ Electricity baseline for product........................................................ 231

Part 33—Production of ammonia                                                                            232

Division 1—Production of ammonia                                                                 232

695........ Production of ammonia................................................................... 232

Division 2—Classification of activity                                                               233

696........ Classification of activity.................................................................. 233

Division 3—Electricity baseline for calculating exemption                  234

697........ Electricity baseline for product........................................................ 234

Part 34—Production of ammonium nitrate                                                       235

Division 1—Production of ammonium nitrate                                             235

698........ Production of ammonium nitrate..................................................... 235

Division 2—Classification of activity                                                               236

699........ Classification of activity.................................................................. 236

Division 3—Electricity baseline for calculating exemption                  237

700........ Electricity baseline for product........................................................ 237

Part 35—Production of chlorine gas and sodium hydroxide (caustic soda) solution        238

Division 1—Production of chlorine gas and sodium hydroxide (caustic soda) solution                                                                                                                    238

701........ Production of chlorine gas and sodium hydroxide (caustic soda) solution               238

Division 2—Classification of activity                                                               239

702........ Classification of activity.................................................................. 239

Division 3—Electricity baseline for calculating exemption                  240

703........ Electricity baseline for product........................................................ 240

Part 36—Production of fused zirconia                                                                 241

Division 1—Production of fused zirconia                                                      241

704........ Production of fused zirconia........................................................... 241

Division 2—Classification of activity                                                               242

705........ Classification of activity.................................................................. 242

Division 3—Electricity baseline for calculating exemption                  243

706........ Electricity baseline for product........................................................ 243

Part 37—Production of iron ore pellets                                                                244

Division 1—Production of iron ore pellets                                                    244

707........ Production of iron ore pellets.......................................................... 244

Division 2—Classification of activity                                                               245

708........ Classification of activity.................................................................. 245

Division 3—Electricity baseline for calculating exemption                  246

709........ Electricity baseline for product........................................................ 246

Part 38—Production of liquefied natural gas                                                   247

Division 1—Production of liquefied natural gas                                        247

710........ Production of liquefied natural gas.................................................. 247

Division 2—Classification of activity                                                               248

711........ Classification of activity.................................................................. 248

Division 3—Electricity baseline for calculating exemption                  249

712........ Electricity baseline for product........................................................ 249

Part 39—Production of magnetite concentrate                                               250

Division 1—Production of magnetite concentrate                                    250

713........ Production of magnetite concentrate................................................ 250

Division 2—Classification of activity                                                               251

714........ Classification of activity.................................................................. 251

Division 3—Electricity baseline for calculating exemption                  252

715........ Electricity baseline for product........................................................ 252

Part 40—Production of glass beads                                                                        253

Division 1—Production of glass beads                                                            253

716........ Production of glass beads............................................................... 253

Division 2—Classification of activity                                                               254

717........ Classification of activity.................................................................. 254

Division 3—Electricity baseline for calculating exemption                  255

718........ Electricity baseline for product........................................................ 255

Part 41—Production of sodium silicate glass                                                    256

Division 1—Production of sodium silicate glass                                         256

719........ Production of sodium silicate glass................................................. 256

Division 2—Classification of activity                                                               257

720........ Classification of activity.................................................................. 257

Division 3—Electricity baseline for calculating exemption                  258

721........ Electricity baseline for product........................................................ 258

Part 42—Production of polymer grade propene (polymer grade propylene)       259

Division 1—Production of polymer grade propene (polymer grade propylene)              259

722........ Production of polymer grade propene (polymer grade propylene).. 259

Division 2—Classification of activity                                                               260

723........ Classification of activity.................................................................. 260

Division 3—Electricity baseline for calculating exemption                  261

724........ Electricity baseline for product........................................................ 261

Part 43—Production of rolled aluminium                                                          262

Division 1—Production of rolled aluminium                                                262

725........ Production of rolled aluminium....................................................... 262

Division 2—Classification of activity                                                               263

726........ Classification of activity.................................................................. 263

Division 3—Electricity baseline for calculating exemption                  264

727........ Electricity baseline for product........................................................ 264

Part 44—Manufacture of reconstituted wood‑based panels                   265

Division 1—Manufacture of reconstituted wood‑based panels          265

728........ Manufacture of reconstituted wood‑based panels........................... 265

Division 2—Classification of activity                                                               266

729........ Classification of activity.................................................................. 266

Division 3—Electricity baseline for calculating exemption                  267

730........ Electricity baseline for product........................................................ 267

Part 45—Production of coke oven coke                                                               268

Division 1—Production of coke oven coke                                                    268

731........ Production of coke oven coke......................................................... 268

Division 2—Classification of activity                                                               269

732........ Classification of activity.................................................................. 269

Division 3—Electricity baseline for calculating exemption                  270

733........ Electricity baseline for product........................................................ 270

Part 46—Production of hydrogen peroxide                                                      271

Division 1—Production of hydrogen peroxide                                            271

734........ Production of hydrogen peroxide.................................................... 271

Division 2—Classification of activity                                                               272

735........ Classification of activity.................................................................. 272

Division 3—Electricity baseline for calculating exemption                  273

736........ Electricity baseline for product........................................................ 273

Part 47—Production of ceramic floor and wall tiles                                    274

Division 1—Production of ceramic floor and wall tiles                          274

737........ Production of ceramic floor and wall tiles....................................... 274

Division 2—Classification of activity                                                               275

738........ Classification of activity.................................................................. 275

Division 3—Electricity baseline for calculating exemption                  276

739........ Electricity baseline for product........................................................ 276

Part 48—Production of nickel                                                                                    277

Division 1—Production of nickel                                                                        277

740........ Production of nickel........................................................................ 277

Division 2—Classification of activity                                                               279

741........ Classification of activity.................................................................. 279

Division 3—Electricity baseline for calculating exemption                  280

742........ Electricity baseline for product........................................................ 280

Part 49—Production of helium                                                                                  281

Division 1—Production of helium                                                                      281

743........ Production of helium....................................................................... 281

Division 2—Classification of activity                                                               282

744........ Classification of activity.................................................................. 282

Division 3—Electricity baseline for calculating exemption                  283

745........ Electricity baseline for product........................................................ 283

Part 50—Production of dried distillers grains with solubles                   284

Division 1—Production of dried distillers grains with solubles          284

746........ Production of dried distillers grains with solubles.......................... 284

Division 2—Classification of activity                                                               285

747........ Classification of activity.................................................................. 285

Division 3—Electricity baseline for calculating exemption                  286

748........ Electricity baseline for product........................................................ 286

Part 51—Production of glass wool                                                                          287

Division 1—Production of glass wool                                                              287

749........ Production of glass wool................................................................ 287

Division 2—Classification of activity                                                               288

750........ Classification of activity.................................................................. 288

Division 3—Electricity baseline for calculating exemption                  289

751........ Electricity baseline for product........................................................ 289

Part 52—Production of coal char                                                                            290

Division 1—Production of coal char                                                                290

752........ Production of coal char................................................................... 290

Division 2—Classification of activity                                                               291

753........ Classification of activity.................................................................. 291

Division 3—Electricity baseline for calculating exemption                  292

754........ Electricity baseline for product........................................................ 292

Part 53—Production of ferrovanadium                                                               293

Division 1—Production of ferrovanadium                                                    293

755........ Production of ferrovanadium.......................................................... 293

Division 2—Classification of activity                                                               294

756........ Classification of activity.................................................................. 294

Division 3—Electricity baseline for calculating exemption                  295

757........ Electricity baseline for product........................................................ 295

Part 54—Rendering of animal by‑products                                                      296

Division 1—Rendering of animal by‑products                                            296

758........ Rendering of animal by‑products.................................................... 296

Division 2—Classification of activity                                                               297

759........ Classification of activity.................................................................. 297

Division 3—Electricity baseline for calculating exemption                  298

760........ Electricity baseline for product........................................................ 298

Endnotes                                                                                                                                  299

Endnote 1—About the endnotes                                                                          299

Endnote 2—Abbreviation key                                                                              300

Endnote 3—Legislation history                                                                           301

Endnote 4—Amendment history                                                                         305

 


Part 1Preliminary

  

1  Name of Regulations

                   These Regulations are the Renewable Energy (Electricity) Regulations 2001.

3  Definitions

             (1)  In these Regulations:

accredited body means a body accredited under the Joint Accreditation System of Australia and New Zealand to give product certification or component certification of solar water heaters.

Act means the Renewable Energy (Electricity) Act 2000.

AS, AS/NZS or Australian Standard followed by a number (for example, AS/NZS 3000:2007) means a standard of that number issued by Standards Australia Limited and, if a date is included, of that date.

auxiliary loss has the meaning given in regulation 3B.

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.

biomass means organic matter other than fossilised biomass.

Examples of fossilised biomass:      Coal, lignite.

business day means a day that is not:

                     (a)  a Saturday or a Sunday; or

                     (b)  a public holiday or a bank holiday in the Australian Capital Territory.

Clean Energy Council means Clean Energy Council Limited, ACN 127 102 443.

cogeneration means a power generation process that provides electricity and process heat as outputs.

commercial meter means a meter that is used to record the consumption of electricity for the purposes of a financial transaction between unrelated parties in relation to the consumption of electricity.

component certification, of a solar water heater, means certification by an accredited body in relation to specified components of the solar water heater.

IMO means the Independent Market Operator, established under regulation 4 of the Electricity Industry (Independent Market Operator) Regulations 2004 (WA).

interconnected hydro‑electric system means a hydro‑electric system in which water can be directed from a common storage down different watercourses so that water can be diverted from 1 power station to another, altering the amount of electricity that can be generated by each power station.

Jobs and Competitiveness Program means the Jobs and Competitiveness Program that was in force under the Clean Energy Act 2011 immediately before the repeal of that Act by item 1 of Schedule 1 to the Clean Energy Legislation (Carbon Tax Repeal) Act 2014.

national electricity market means the interconnected electricity grids in the participating jurisdictions in the National Electricity Rules.

native forest means a local indigenous plant community:

                     (a)  the dominant species of which are trees; and

                     (b)  containing throughout its growth the complement of native species and habitats normally associated with that forest type or having the potential to develop those characteristics; and

                     (c)  including a forest with those characteristics that has been regenerated with human assistance following disturbance; and

                     (d)  excluding a plantation of native species or previously logged native forest that has been regenerated with non‑endemic native species.

NEM standard metering means the standard of metering mentioned in the National Electricity Rules.

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

plantation means an intensively managed stand of trees of native or exotic species, created by the regular placement of seedlings or seed.

product certification, of a solar water heater, means certification by an accredited body in relation to the design and manufacture of the solar water heater.

quarter means a period of 3 months commencing on 1 January, 1 April, 1 July or 1 October of a year.

regional forest agreement has the meaning given by the Export Control (Hardwood Wood Chips) Regulations 1996.

registered for GST means registered under the A New Tax System (Goods and Services Tax) Act 1999.

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

required to be registered for GST means required to be registered under the A New Tax System (Goods and Services Tax) Act 1999.

territorial sea has the meaning given by section 3 of the Seas and Submerged Lands Act 1973.

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

true‑up report means a true‑up report that is required to be given to the Regulator under section 5 of the Clean Energy Legislation (Carbon Tax Repeal) (Jobs and Competitiveness Program) Rules 2014.

             (2)  For the definition of small generation unit in subsection 5(1) of the Act:

                     (a)  a device whose energy source is hydro is a small generation unit if:

                              (i)  it has a kW rating of no more than 6.4 kW; and

                             (ii)  it generates no more than 25 MWh of electricity each year; and

                     (b)  a device whose energy source is wind is a small generation unit if:

                              (i)  it has a kW rating of no more than 10 kW; and

                             (ii)  it generates no more than 25 MWh of electricity each year; and

                     (c)  a device whose energy source is solar (photovoltaic) is a small generation unit if:

                              (i)  it has a kW rating of no more than 100 kW; and

                             (ii)  it generates no more than 250 MWh of electricity each year.

          (2A)  Without limiting paragraph (2)(c), 2 or more systems whose energy source is solar (photovoltaic) are taken to be a device for the purposes of that paragraph if any of the following apply:

                     (a)  the systems are connected to a grid at one or more connection points and not installed behind a commercial meter subsidiary to any of the connection points;

                     (b)  both:

                              (i)  the systems are connected to a grid at one or more connection points and installed behind a single commercial meter subsidiary to one or more of the connection points; and

                             (ii)  there is no connection subsidiary to the commercial meter that allows electricity to flow between the commercial meter and any other commercial meter or to another connection point;

                     (c)  both:

                              (i)  the systems are connected to a grid at one or more connection points and installed behind more than one commercial meter subsidiary to one or more of the connection points; and

                             (ii)  a connection subsidiary to the commercial meters allows electricity to flow between the commercial meters but not between any other commercial meter or to any other connection point;

                     (d)  at least 3 of the following apply:

                              (i)  the systems are located at a single site or multiple adjoining sites in the same area;

                             (ii)  the systems are installed for the primary purpose of generating electricity for export to a grid;

                            (iii)  electrical infrastructure (other than metering equipment) is needed to connect the systems to a grid;

                            (iv)  more than 50% of the total kW rating of all systems is from ground mounted systems.

3A  Conditions for solar water heater

             (1)  For the definition of solar water heater in subsection 5(1) of the Act, a device that heats water using solar energy is a solar water heater during the period specified in the Register for the device if the device:

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

                     (b)  satisfies subregulation (2) or (3).

Note:          Certificates cannot be created for a solar water heater that is an air source heat pump water heater if it has a volumetric capacity of more than 425 L—see subsection 21(4) of the Act.

          (1A)  However, a device is not a solar water heater if the number of certificates that could be created over a 10‑year period for the installation of the device in any one or more of the zones, worked out in accordance with the method mentioned in subregulation 19B(1) or 19BA(3), would be more than 2,500, unless the device was entered into the Register of solar water heaters before 1 December 2018.

Solar water heaters—capacity not more than 700 L

             (2)  A device satisfies this subregulation if:

                     (a)  the device has a capacity of not more than 700 L; and

                     (b)  an accredited body has given the device product certification to AS/NZS 2712:2007, Solar and heat pump water heaters—Design and construction, as in force at the time the certification is given.

Solar water heaters—capacity more than 700 L

             (3)  A device satisfies this subregulation if:

                     (a)  the device has a capacity of more than 700 L; and

                     (b)  an accredited body has given the device component certification to each of the following Australian Standards that applies to the device:

                              (i)  AS/NZS 2712:2007 Solar and heat pump water heaters—Design and construction, as in force at the time the certification is given;

                             (ii)  the Australian Standards mentioned in clause 1.4 of AS/NZS 2712:2007 Solar and heat pump water heaters—Design and construction, as in force at the time the certification is given; and

                     (c)  the storage tank of the device meets the requirements of:

                              (i)  both:

                                        (A)  AS/NZS 4692.1:2005, Electric water heaters, Part 1: Energy consumption, performance and general requirements, as in force at the time the certification mentioned in paragraph (b) is given; and

                                        (B)  AS/NZS 4692.2:2005, Electric water heaters, Part 2: Minimum Energy Performance Standard (MEPS) requirements and energy labelling, as in force at the time the certification mentioned in paragraph (b) is given; or

                             (ii)  the document called Heat Loss Test Procedure for Solar Water Heaters with a Hot Water Storage Tank Greater than 700 L, first published by the Regulator on 29 May 2003, as in force at the time the certification mentioned in paragraph (b) is given.

Note:          A copy of the document mentioned in subparagraph (3)(c)(ii) is available by post from the Regulator, GPO Box 621, Canberra  ACT  2601. The document can be viewed on and downloaded from the Regulator’s website: www.cleanenergyregulator.gov.au.

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.

Part 2Renewable energy certificates

Division 2.1ARegistration

3L  Determining fit and proper person

             (1)  For subsection 11(2A) of the Act, in determining whether the applicant is a fit and proper person, the Regulator must have regard to the following matters:

                     (a)  whether the applicant has been convicted of an offence against any of the following:

                              (i)  a law of the Commonwealth, a State or a Territory, that relates to dishonest conduct;

                             (ii)  a law of the Commonwealth, a State or a Territory, that relates to the conduct of a business;

                            (iii)  section 136.1, 137.1 or 137.2 of the Criminal Code;

                            (iv)  a foreign law that corresponds to a law mentioned in subparagraphs (i) to (iii) or subparagraphs (b)(i) to (iv);

                     (b)  whether the applicant has breached any of the following:

                              (i)  this Act or these Regulations;

                             (ii)  the Australian National Registry of Emissions Units Act 2011 or regulations under that Act;

                            (iii)  the Carbon Credits (Carbon Farming Initiative) Act 2011 or regulations under that Act;

                            (iv)  the National Greenhouse and Energy Reporting Act 2007 or regulations under that Act;

                     (c)  whether an order has been made against the applicant under:

                              (i)  section 76 of the Competition and Consumer Act 2010; or

                             (ii)  section 224 of Schedule 2 to the Competition and Consumer Act 2010, as that section applies as a law of the Commonwealth, a State or a Territory; or

                            (iii)  a foreign law that corresponds to a law mentioned in subparagraphs (i) or (ii);

                     (d)  whether the applicant has been refused registration by, de‑registered by, or suspended from participating in, a State or Territory energy efficiency scheme, such as the following:

                              (i)  the Energy Savings Scheme in New South Wales;

                             (ii)  the Victorian Energy Efficiency Target scheme;

                     (e)  whether the applicant has:

                              (i)  sought or been granted accreditation by, or membership of, a clean energy organisation; or

                             (ii)  been refused accreditation by, or membership of, a clean energy organisation; or

                            (iii)  had the applicant’s accreditation by, or membership of, a clean energy organisation suspended or revoked;

                      (f)  whether the applicant is:

                              (i)  for an applicant that is an individual—an insolvent under administration within the meaning of the Corporations Act 2001; and

                             (ii)  for an applicant that is a body corporate—a Chapter 5 body corporate within the meaning of the Corporations Act 2001; and

                            (iii)  for an applicant that is a body corporate—a body corporate that overseas or under a foreign law:

                                        (A)  is being wound up; or

                                        (B)  in respect of property of which, a receiver, or a receiver and manager, has been appointed (whether or not by a court) and is acting; or

                                        (C)  is under administration; or

                                        (D)  has executed a deed of company arrangement that has not yet terminated; or

                                         (E)  has entered into a compromise or arrangement with another person, the administration of which has not been concluded.

             (2)  If the applicant is a body corporate, the Regulator must also have regard to the following matters:

                     (a)  whether an executive officer of the body corporate has been convicted of an offence against any of the following:

                              (i)  a law of the Commonwealth, a State or a Territory, that relates to dishonest conduct;

                             (ii)  a law of the Commonwealth, a State or a Territory, that relates to the conduct of a business;

                            (iii)  section 136.1, 137.1 or 137.2 of the Criminal Code;

                            (iv)  a foreign law that corresponds to a law mentioned in subparagraphs (i) to (iii) or subparagraphs (b)(i) to (iv);

                     (b)  whether an executive officer of the body corporate has breached any of the following:

                              (i)  this Act or these Regulations;

                             (ii)  the Australian National Registry of Emissions Units Act 2011 or regulations under that Act;

                            (iii)  the Carbon Credits (Carbon Farming Initiative) Act 2011 or regulations under that Act;

                            (iv)  the National Greenhouse and Energy Reporting Act 2007 or regulations under that Act;

                     (c)  whether an order has been made against an executive officer of the body corporate:

                              (i)  under section 76 of the Competition and Consumer Act 2010; or

                             (ii)  under section 224 of Schedule 2 to the Competition and Consumer Act 2010, as that section applies as a law of the Commonwealth, a State or a Territory; or

                            (iii)  under a foreign law that corresponds to a law mentioned in subparagraph (i) or (ii); or

                            (iv)  by a foreign court, disqualifying the executive officer from:

                                        (A)  being a director of a body corporate; or

                                        (B)  being concerned in the management of a body corporate;

                     (d)  whether an executive officer of the body corporate has been refused registration, de‑registered or suspended from participating in a State or Territory energy efficiency scheme, such as the following:

                              (i)  the Energy Savings Scheme in New South Wales;

                             (ii)  the Victorian Energy Efficiency Target scheme;

                     (e)  whether an executive officer of the body corporate has:

                              (i)  sought or been granted accreditation by, or membership of, a clean energy organisation; or

                             (ii)  been refused accreditation by, or membership of, a clean energy organisation; or

                            (iii)  had the executive officer’s accreditation by, or membership of, a clean energy organisation suspended or revoked.

             (3)  For paragraphs (1)(e) and (2)(e), a clean energy organisation means an organisation that has a constitution and operates a scheme that:

                     (a)  accredits, or provides membership to, persons who do one or more of the following:

                              (i)  install small generation units or solar water heaters;

                             (ii)  supply small generation units or solar water heaters;

                            (iii)  create or trade in small‑scale technology certificates; and

                     (b)  has a code of conduct that is binding on persons who are accredited by, or members of, the organisation; and

                     (c)  monitors compliance with the code of conduct and is able to take action against a person who is accredited by, or a member of, the organisation for a breach of the code (such as by suspending the person’s accreditation or membership).

Examples:

1          Clean Energy Council

2          REC Agents Association Incorporated (ABN 950 64 032 965).

Division 2.1Accreditation

3S  Final day for including eligible WCMG in application

                   For subsection 13(2A) of the Act, 1 April 2012 is prescribed as the day after which an application that lists eligible WCMG as an eligible energy source cannot be made.

4  Eligibility for accreditation

             (1)  For paragraph 14(2)(b) of the Act:

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

                     (b)  a power station that is not in the national electricity market must use metering that enables the Regulator to determine the amount of electricity generated by the power station; and

                     (c)  the power station must be operated in accordance with any relevant Commonwealth, State, Territory or local government planning and approval requirements.

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

5  1997 eligible renewable power baselines

                   For subsection 14(4) of the Act, the guidelines for determining the 1997 eligible renewable power baseline for a power station are set out in Schedule 3.

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.

5A  2008 WCMG limit

                   For subsection 14(4) of the Act, the guidelines for determining the 2008 WCMG limit for a power station are set out in Schedule 3A.

Note:          See section 30G of the Act and Division 2.7 of these Regulations in relation to varying the 2008 WCMG limit for an accredited power station.

Division 2.2Eligible renewable energy sources

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.

10  Special requirements—ocean, wave and tide

                   Electricity generated from an ocean, wave or tide energy source must be generated within the territorial sea of Australia.

Division 2.2AEligible 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.

Division 2.3Eligible electricity generation

Subdivision 2.3.1Accredited power stations

13  Working out electricity generation for a power station

                   For subsection 18(3) of the Act, the amount of electricity generated by an accredited power station is worked out in accordance with regulations 14 to 16.

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 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 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—AEMO; 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 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 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;

                     (d)  if certificates have been created in relation to a small generation unit under section 23A of the Act—electricity that was generated by the small generation unit.

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

16  Supplementary generation

                   For electricity generated by the power station from an energy source that is not an eligible energy source, auxiliary losses from the system that are attributable to that source are to be deducted from the total auxiliary loss proportionately to the proportion of electricity generated from that source.

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 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 or the Renewable Energy 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 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.

Subdivision 2.3.2Solar water heaters

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.

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

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

19A  Number of certificates

             (1)  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:

                     (a)  for a solar water heater with a volumetric storage capacity up to and including 700 litres—the number set out in the Register of solar water heaters that is applicable to the model, zone and period; and

                     (b)  for a solar water heater with a volumetric storage capacity over 700 litres—either:

                              (i)  if the person who is entitled to create the certificates complies with subregulation (2)—the number set out in the Register of solar water heaters that is applicable to the model, zone and period; or

                             (ii)  if the person who is entitled to create the certificates does not comply with subregulation (2)—0.

Note:          Certificates cannot be created for a solar water heater that is an air source heat pump water heater if it has a volumetric capacity of more than 425 L—see subsection 21(4) of the Act.

             (2)  For paragraph (1)(b), the person who is entitled to create the certificates complies with this subregulation if, before the person creates any certificates in relation to the solar water heater, the person:

                     (a)  obtains a statutory declaration that states the matters set out in subregulation (3); and

                     (b)  obtains a further statutory declaration from the owner of the heater at the time it is installed stating that the owner intends that the solar water heater will remain installed in its original configuration and location for the life of the heater; and

                     (c)  gives a copy of both statutory declarations to the Regulator.

             (3)  For subregulation (2) the statutory declaration must state:

                     (a)  the model of the solar water heater; and

                     (b)  the volumetric storage capacity of the heater; and

                     (c)  the premises at which the heater is to be installed and used; and

                     (d)  the purposes for which the heater, and the hot water produced by the heater, are to be used; and

                     (e)  that the volumetric storage capacity of the heater is appropriate for the premises at which the heater is to be installed and the purposes for which the heater, and the hot water produced by the heater, are to be used; and

                      (f)  the expertise or experience of the person signing the declaration in relation to a heater of the kind covered by the declaration.

19B  Determination of method for determining number of certificates

             (1)  For subsection 22(1) of the Act, the Regulator may determine, by legislative instrument, the method to be used to determine the number of certificates that may be created for a particular model of solar water heater.

             (2)  The determination must provide that the number of certificates that may be created is to be worked out by reference to the difference, over the number of years specified for the solar water heater in regulation 19BE, between:

                     (a)  the energy, other than solar energy or energy collected from the latent and sensible heat of the atmosphere, to be used by the solar water heater; and

                     (b)  the electrical energy that would be used by an equivalent electric water heater.

             (3)  For subregulation (2), an electric water heater is an equivalent electric water heater if it:

                     (a)  supplies the same, or a similar, hot water load as the solar water heater mentioned in paragraph (2)(a); and

                     (b)  is not a heat pump.

             (4)  In making the determination, the Regulator must have regard to the method set out in the Australian Standard, set out in Schedule 4, as in force at the time the determination is made that applies to the solar water heater.

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

                     (a)  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 its website, as in force at the time the determination is made; and

                     (b)  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 its website, as in force at the time the determination is made.

19BA  Determination of number of certificates

             (1)  For subsection 22(1) of the Act, the Regulator may determine the number of certificates that may be created for a particular model of solar water heater in each of the zones mentioned in paragraph 19C(3)(b).

             (2)  In making the determination, the Regulator must:

                     (a)  if a determination under subregulation 19B(1) is in force—make the determination in accordance with that determination; and

                     (b)  if there is no determination under subregulation 19B(1) in force—determine the number of certificates using the method in subregulation (3).

             (3)  For paragraph (2)(b), the number of certificates that may be created is to be worked out:

                     (a)  by reference to the difference, over the number of years specified for the solar water heater in regulation 19BE, between:

                              (i)  the energy, other than solar energy or energy collected from the latent and sensible heat of the atmosphere, to be used by the solar water heater; and

                             (ii)  the electrical energy that would be used by an equivalent electric water heater; and

                     (b)  having regard to the following, as in force at the time of the determination:

                              (i)  AS/NZS 2535.1:2007, Test methods for solar collectors, Part 1: Thermal performance of glazed liquid heating collectors including pressure drop; and

                             (ii)  AS 4234—1994, Solar water heaters—Domestic and heat pump—Calculation of energy consumption; and

                            (iii)  AS/NZS 4692.1:2005, Electric water heaters, Part 1: Energy consumption, performance and general requirements; and

                     (c)  if the solar water heater has a volumetric capacity up to and including 700 litres—having regard to 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 its website, as in force at the time the determination is made; and

                     (d)  if the solar water heater has a volumetric capacity over 700 litres—having regard to 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 its website, as in force at the time the determination is made.

             (4)  For subregulation (3), an electric water heater is an equivalent electric water heater if it:

                     (a)  supplies the same, or a similar, hot water load as the solar water heater mentioned in subparagraph (3)(a)(i); and

                     (b)  is not a heat pump.

19BB  Variation of determination

             (1)  This regulation applies if the Regulator proposes to make a determination under regulation 19BA which would vary the information contained in the Register of solar water heaters.

             (2)  Before making the determination, the Regulator must:

                     (a)  tell the manufacturer of the solar water heater, in writing:

                              (i)  what information the Regulator proposes to vary and how it would be varied; and

                             (ii)  the reason for the proposed variation; and

                     (b)  invite the manufacturer to make written submissions about the proposed variation; and

                     (c)  take into account any submissions received from the manufacturer when deciding whether to make the determination.

             (3)  The Regulator must not make a determination that would vary the information contained in the Register of solar water heaters in relation to a device entered into the Register before 1 December 2018, if the effect of the determination would be:

                     (a)  to increase, to more than 2,500 from a number less than or equal to 2,500, the number of certificates that could be created over a 10‑year period for the installation of the device in any one or more of the zones; or

                     (b)  to increase, from a number more than 2,500, the number of certificates that could be created over a 10‑year period for the installation of the device in any one or more of the zones.

19BC  Requests for determination

             (1)  A person may request the Regulator to make a determination under regulation 19BA.

             (2)  The request must:

                     (a)  be in writing in a form approved by the Regulator; and

                     (b)  contain, or be accompanied by, any information or document required by the approved form; and

                     (c)  be given to the Regulator within the 30 day period mentioned in paragraph 19BD(2)(b).

             (3)  The Regulator may, by written notice given to the person, request the person to give the Regulator, within the period specified in the notice, additional information and documents in connection with the request.

             (4)  If the person does not provide the additional information and documents within the specified period, the Regulator may, by written notice to the person:

                     (a)  refuse to consider the request; or

                     (b)  refuse to take any action, or further action, in relation to the request.

             (5)  The Regulator must consult with the person making the request if the Regulator proposes:

                     (a)  not to make the requested determination; or

                     (b)  to include information in the determination that is different to the information contained in the request.

             (6)  The Regulator must tell the person about the Regulator’s decision on the request:

                     (a)  in writing; and

                     (b)  not later than 180 days after the expiry of 30 day period mentioned in paragraph (2)(c).

19BD  Invitation for requests for determination

             (1)  The Regulator must, at intervals of not more than 6 months, invite persons to make requests under subregulation 19BC(1).

             (2)  The invitation must:

                     (a)  be published on the Regulator’s website; and

                     (b)  include a 30 day period in which requests are to be made.

19BE  Working out number of certificates that may be created

                   For subregulation 19B(2) and paragraph 19BA(3)(a), the number of years specified is:

                     (a)  for a solar water heater installed on or before 31 December 2021—10 years; and

                     (b)  for a solar water heater installed during a year mentioned in column 1 of the following table, the number of years specified in column 2 for the item.

 

Period certificates may be created

Item

Column 1

Column 2

 

Year solar water heater installed

Number of years

1

2022

9

2

2023

8

3

2024

7

4

2025

6

5

2026

5

6

2027

4

7

2028

3

8

2029

2

9

2030

1

 

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.

          (3A)  The Regulator must remove from the Register any device that is not a solar water heater.

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

Subdivision 2.3.3Small generation units

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)  for a unit installed during a year mentioned in column 1 of the following table, within 12 months of installation and for a period mentioned in column 2 for the item; or

 

Period certificates may be created

Item

Column 1

Column 2

 

Year unit installed

Period

1

before 2026

1 or 5 years

2

2026

1 or 5 years

3

2027

1 or 4 years

4

2028

1 or 3 years

5

2029

1 or 2 years

6

2030

1 year

 

                     (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 that begins during a year mentioned in column 1 of the table in paragraph (a) for the additional period mentioned in column 2 for the item; 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 a further 5 years;

                            the start of each subsequent 5 year period that begins on or before 31 December 2025 for a further 5 year period; or

                     (d)  if:

                              (i)  the unit is a solar (photovoltaic) system; and

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

                            for a unit installed during a year mentioned in column 1 of the following table, within 12 months of installation and for the period mentioned in column 2 for the item.

 

Period certificates may be created

Item

Column 1

Column 2

 

Year solar (photovoltaic) system installed

Period in years

1

before 2016

15

2

2016

15

3

2017

14

4

2018

13

5

2019

12

6

2020

11

7

2021

10

8

2022

9

9

2023

8

10

2024

7

11

2025

6

12

2026

5

13

2027

4

14

2028

3

15

2029

2

16

2030

1

             (3)  Where a right to create certificates has been exercised under the period specified for the unit in paragraph (2)(d), no additional right to create certificates arises.

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

             (1)  For subsection 23B(1) of the Act, the number of certificates that may be created for a small generation unit, in the circumstances mentioned in regulation 20AC, is the number that may be created:

                     (a)  for a hydro‑electric system—for the amount calculated by multiplying 0.00095 by the rated power output of the system, measured in kW, multiplied by:

                              (i)  4 000; or

                             (ii)  the number of hours each year of hydro resource availability if those hours are greater than 4 000.

                     (b)  for a solar (photovoltaic) system—for the amount calculated by multiplying the zone rating of the system (worked out in accordance with an instrument made under subregulation (4) as existing from time to time) by the rated power output of the system measured in kilowatts‑peak (kWp); or

                     (c)  for a wind turbine—for the amount calculated by multiplying 0.00095 by the rated power output of the system, measured in kW, multiplied by:

                              (i)  2 000; or

                             (ii)  the number of hours each year of wind resource availability if those hours are greater than 2 000.

Note:          Small generation unit is defined in subregulation 3(2). For certificates in relation to installations other than small generation units, see Divisions 2 and 3 of Part 2 of the Act.

             (2)  For subregulation (1), the number of certificates worked out for an installation is:

                     (a)  if the amount of electricity generated that is in excess of the 1997 renewable energy baseline for the small generation unit is at least 0.5 MWh but less than 1 MWh—1; and

                     (b)  in any other case—the number calculated under subregulations (2A) and (2B).

          (2A)  If a small generation unit has a rated power output of more than 1.5kW (output power), and is not a unit to which subregulation (2C) or (2E) applies, the number of certificates created for the unit is to be calculated as follows:

                     (a)  by first adding together:

                              (i)  the number of certificates created for the first 1.5 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)  then by rounding down the number of certificates arrived at under paragraph (a) to the nearest whole number.

          (2B)  If the small generation unit has a rated power output of 1.5kW or less, and is not a unit to which subregulation (2E) applies, the number of certificates created for the unit is to be calculated as follows:

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

                     (b)  then by rounding down the number of certificates arrived at under paragraph (a) to the nearest whole number.

          (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 2013; 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 2013; 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

          (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.

             (3)  For subparagraph (1)(a)(ii), hydro resource availability of more than 4 000 hours each year must be demonstrated by a site‑specific assessment.

             (4)  The Regulator may, by legislative instrument, prescribe zone ratings of solar (photovoltaic) systems, and zones, for the purposes of paragraph (1)(b).

             (5)  For paragraph (1)(c)(ii), wind resource availability of more than 2 000 hours each year must be demonstrated by a site‑specific wind audit.

20AA  Multiplying number of certificates (Act s 23B)

             (1)  For subsections 23B(2) and (3) of the Act, subregulation (2) sets out the multiplier for certificates that may be created for a small generation unit in the circumstances set out in subregulation (3).

             (2)  Subject to subregulation (3), the number of certificates that may be created in relation to a small generation unit that is installed during a period specified in column 1 of an item in the following table is to be multiplied by the number in column 2 of the item.

                   Multiplier for certificates for small generation units

Item

Column 1
Period

Column 2
Number

1

9 June 2009 to 30 June 2010

5

2

1 July 2010 to 30 June 2011

5

3

1 July 2011 to 30 June 2012

3

4

1 July 2012 to 30 June 2013

2

Note:          The certificates are created in accordance with regulations 19D and 20.

             (3)  The number of certificates is to be multiplied in accordance with subregulation (2):

                     (a)  only if:

                              (i)  the small generation unit in respect of which the certificates are created is installed at eligible premises:

                                        (A)  during a period mentioned in the table in subregulation (2); and

                                        (B)  in the circumstances mentioned in regulation 20AAA; and

                             (ii)  at the time the small generation unit is installed at the eligible premises, there is no pre‑approval or funding agreement in force in respect of the unit under the SHCP, the RRPGP or the NSSP and no financial assistance has been provided in respect of the unit under the SHCP, the RRPGP or the NSSP; and

                            (iii)  at the time the small generation unit is installed at the eligible premises, financial assistance under the SHCP, the PVRP, the RRPGP or the NSSP has not been approved or provided in respect of any other small generation unit at the eligible premises; and

                            (iv)  the small generation unit is a new and complete unit; and

                             (v)  at the time the small generation unit is installed at eligible premises, certificates have not been multiplied under subregulation (2) in respect of any small generation unit at the premises; and

                     (b)  on 1 occasion only, irrespective of whether the certificates are created for a 1‑year period, a 5‑year period or a 15‑year period; and

                     (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.

             (4)  For subparagraph (3)(a)(iv), a small generation unit is a complete unit if:

                     (a)  the unit is capable of generating electricity in a form that is usable at the eligible premises where it is installed without the need for an additional part or parts to be added to or incorporated into the unit; and

                     (b)  either:

                              (i)  the unit is wired directly to the eligible premises where the unit is installed so that its output is capable of being metered at those premises; or

                             (ii)  the unit includes a meter that is dedicated to measuring the electricity output of the unit.

             (5)  In this regulation:

eligible premises means any of the following:

                     (a)  a house (including the land on which the house is located and any outbuildings on the land);

                     (b)  a townhouse;

                     (c)  a residential apartment;

                     (d)  a shop (including the land on which the shop is located and any outbuildings on the land);

                     (e)  premises, other than premises mentioned in paragraphs (a) to (d), that are located at an address.

NSSP means the program known as the National Solar Schools Program administered by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999.

PVRP means the program known as the Photovoltaic Rebate Program administered by the Australian Greenhouse Office.

RRPGP means the program known as the Renewable Remote Power Generation Program administered by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999.

SHCP means the program known as the Solar Homes and Communities Plan administered by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999.

20AAA  Further circumstances for multiplying number of certificates

             (1)  For subparagraph 20AA(3)(a)(i), the small generation unit must be installed:

                     (a)  before 1 January 2013; or

                     (b)  on or after 1 January 2013 but before 1 July 2013 and in the circumstances mentioned in subregulation (2).

             (2)  For paragraph (1)(b), the circumstances are:

                     (a)  the unit is installed under a contract entered into before 16 November 2012; and

                     (b)  the parties to the contract are legally bound to proceed with the contract on and after 16 November 2012; and

                     (c)  if the contract is conditional on any event happening, the event happened before 16 November 2012; and

                     (d)  the person who becomes the owner of the unit following its installation is a party to the contract; and

                     (e)  the contract documentation identifies:

                              (i)  the date the contract was entered into; and

                             (ii)  the identity of each party to the contract; and

                            (iii)  the address at which the unit is to be installed; and

                            (iv)  the size, make and model of the unit; and

                      (f)  the person entitled to create certificates for the unit (the entitled person) meets the requirements of subregulation (3) before creating certificates for the unit.

             (3)  For paragraph (2)(f), the entitled person must:

                     (a)  possess contract documentation identifying the matters mentioned in paragraph (2)(e); and

                     (b)  provide to the Regulator a statutory declaration made by the entitled person:

                              (i)  describing the contract documentation; and

                             (ii)  stating that the entitled person can provide the contract documentation to the Regulator if requested by the Regulator; and

                            (iii)  stating that the contract meets the requirements of paragraphs (2)(a) to (d); and

                            (iv)  stating:

                                        (A)  the date on which the contract was entered into; and

                                        (B)  the identity of each party to the contract; and

                                        (C)  the address at which the unit was installed; and

                                        (D)  the size, make and model of the unit; and

                             (v)  stating that the contract documentation in the entitled person’s possession identifies the matters mentioned in subparagraph (iv); and

                     (c)  if the contract is an oral contract—provide to the Regulator a statutory declaration made by each party to the contract stating:

                              (i)  the date on which the contract was entered into; and

                             (ii)  the identity of each party to the contract; and

                            (iii)  the address at which the unit was installed; and

                            (iv)  the size, make and model of the unit; and

                     (d)  provide to the Regulator any other information or documents requested by the Regulator.

             (4)  An entitled person may provide one statutory declaration under paragraph (3)(b) setting out the information required by that paragraph for more than one unit, including where:

                     (a)  the units were installed under different contracts; or

                     (b)  the contracts for the installations of the units involve different parties; or

                     (c)  the units were installed at different addresses.

             (5)  However a statutory declaration provided under paragraph (3)(c) must relate to one unit only.

             (6)  For paragraph (3)(c), if the entitled person is a party to the contract, he or she only needs to provide statutory declarations from the other parties to the contract.

             (7)  In this regulation:

contract documentation means:

                     (a)  for a written contract—the written documents setting out the terms and conditions of the contract and evidencing the offer and acceptance of those terms and conditions; and

                     (b)  for an oral contract—written documentation that was created and dated before 22 December 2012, evidencing the existence of the contract.

20AB  Regulator may make determinations about particular premises

             (1)  For the purposes of paragraph (e) of the definition of eligible premises in subregulation 20AA(5), the Regulator may, by legislative instrument, determine that:

                     (a)  specified premises are premises located at an address; or

                     (b)  specified premises are not premises that are located at an address.

             (2)  The Regulator must publish details of any determination made by the Regulator on the Regulator’s website.

20AC  Requirements for creation of certificates

             (1)  For subregulation 20(1), this regulation sets out the circumstances in which certificates may be created for a small generation unit.

             (2)  The unit was designed and installed by a person or persons:

                     (a)  if the unit is a stand‑alone power system—accredited for stand‑alone power systems under the Australian Business Council for Sustainable Energy accreditation scheme (the ABCSE accreditation scheme) or the Clean Energy Council accreditation scheme (the CEC accreditation scheme); and

                     (b)  if the unit is a grid‑connected power system—accredited for grid‑connected power systems under the ABCSE accreditation scheme or the CEC accreditation scheme; and

                     (c)  if the unit is a wind system—endorsed for wind systems under the ABCSE accreditation scheme or the CEC accreditation scheme; and

                     (d)  if the unit is a hydro system—endorsed for hydro systems under the ABCSE accreditation scheme or the CEC accreditation scheme; and

                     (e)  who is not, or who are not, the subject of a declaration under regulation 47.

             (3)  The electrical wiring associated with the installation of the unit was undertaken by an electrical worker holding an unrestricted license for electrical work issued by the State or Territory authority for the place where the unit was installed.

             (4)  All local, State or Territory government requirements have been met for:

                     (a)  the siting of the unit; and

                     (b)  if the unit is attached to a building or structure—the attachment of the unit to the building or structure; and

                     (c)  if the unit is grid‑connected—the grid connection of the system.

             (5)  Before any certificates are created for the unit, the person who is entitled to create the certificates for the unit obtains:

                     (a)  a written statement by the installer of the unit stating:

                              (i)  the name of the designer and of the installer of the unit; and

                             (ii)  the ABCSE accreditation scheme or CEC accreditation scheme classification and accreditation number of the installer and designer of the unit; and

                            (iii)  that the installer has public liability insurance of at least $5 million; and

                            (iv)  that the installer:

                                        (A)  is bound by the Clean Energy Council’s Code of Conduct; and

                                        (B)  has complied with that code of conduct for the installation of the unit; and

                     (b)  a written statement by the owner or installer of the unit that all local, State or Territory government requirements have been met for:

                              (i)  the siting of the unit; and

                             (ii)  if the unit is attached to a building or structure—the attachment of the unit to the building or structure; and

                            (iii)  if the unit is grid‑connected—the grid connection of the system; and

                     (c)  a copy of any documentation required, by the laws of the jurisdiction in which the unit was installed, to be provided to the owner of the unit certifying that the electrical installation of the unit complies with laws relating to safety and technical standards; and

                     (d)  a written statement by the installer of the unit that the installation complies with the following as in force from time to time:

                              (i)  AS/NZS 3000, Wiring Rules;

                             (ii)  AS/NZS 1768, Lightning protection;

                            (iii)  if the unit is an on‑grid system—AS 4777, Grid connection of energy systems via inverters; and

                     (e)  for a unit that is a solar (photovoltaic) system:

                              (i)  a written statement by the installer of the unit that the installation complies with the following as in force from time to time:

                                        (A)  AS/NZS 5033, Installation of photovoltaic (PV) arrays;

                                        (B)  AS/NZS 1170.2, Structural design actions, Part 2: Wind actions; and

                                        (C)  if the unit is an off‑grid system—AS/NZS 4509.1, Stand‑alone power systems, Part 1: Safety and installation and AS 4086.2, Secondary batteries for use with stand‑alone power systems, Part 2: Installation and maintenance; and

                             (ii)  a written statement by the installer of the unit that the installer has at the time of the installation used a model of a photovoltaic module listed in AS/NZS 5033 Compliant PV Modules as in force from time to time and available at http://www.cleanenergycouncil.org.au; and

                            (iii)  if the system uses an inverter—a written statement by the installer of the unit that the installer has at the time of the installation used a model of grid‑connect inverter listed in Tested and Approved Grid Connected Inverters as in force from time to time and available at http://www.cleanenergycouncil.org.au; and

                      (f)  for a unit that is a wind system—a written statement by the installer of the unit that the installation complies with the following as in force from time to time:

                              (i)  AS/NZS 1170.2, Structural design actions, Part 2: Wind actions;

                             (ii)  if the unit is an off‑grid system—AS/NZS 4509.1, Stand‑alone power systems, Part 1: Safety and installation and AS 4086.2, Secondary batteries for use with stand‑alone power systems, Part 2: Installation and maintenance.

Note:          For subparagraph (a)(iv), the Clean Energy Council’s Code of Conduct is available at http://www.cleanenergycouncil.org.au.

             (6)  Subregulation (3) does not apply to electrical wiring if:

                     (a)  the unit is not grid‑connected; and

                     (b)  the wiring does not involve alternating current of 50 or more volts; and

                     (c)  the wiring does not involve direct current of 120 or more volts; and

                     (d)  before any certificates are created for the unit, the person who is entitled to create the certificates for the unit obtains a written statement by the installer of the unit that:

                              (i)  the unit is not grid‑connected; and

                             (ii)  an electrical worker holding an unrestricted license for electrical work issued by the State or Territory authority for the place where the unit was installed undertook all wiring of the unit that involves:

                                        (A)  alternating current of 50 or more volts; or

                                        (B)  direct current of 120 or more volts.

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:

                    (aa)  installed before 1 January 2018; and

                     (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.

20BA  Record keeping for small generation units

                   For paragraph 160(2)(d) of the Act, a registered person must keep any document relevant to ascertaining the matters mentioned in regulation 20AC.

Division 2.5ASuspension of registration

20CL  Determining fit and proper person

                   For subsection 30A(5A) of the Act, in determining whether a registered person is a fit and proper person, the Regulator must have regard to the matters set out in regulation 3L, as if the reference to the applicant in that regulation were a reference to the registered person.

Division 2.5Suspending accreditation of a power station

20DA  Matters relevant to a decision to suspend the accreditation of a power station (Act s 30D)

             (1)  For subsection 30D(4A) of the Act, the Regulator must have regard to the following matters:

                     (a)  whether the excess is material when measured against the baseline applicable to the excess station concerned;

                     (b)  whether the shortfall is material when measured against the baseline applicable to the shortfall station concerned;

                     (c)  whether the availability or amount of the relevant supply varied during the year for reasons that were beyond the control of the shortfall station or the excess station, as the case may be;

                     (d)  whether the pattern of distribution of the relevant supply between the excess station and the shortfall station was occurring before 1 January 1997;

                     (e)  whether the primary purpose of the distribution of the relevant supply between the excess station and the shortfall station was to increase the efficiency with which a product other than electricity was produced;

                      (f)  the relative energy conversion efficiencies of the excess station and the shortfall station;

                     (g)  if the shortfall station was permanently closed or temporarily non‑operational during the year—the reasons for the closure or temporary lack of operation of the power station;

                     (h)  whether the relevant supply was distributed from the shortfall power station to the excess station for the purpose of displacing fossil fuel use at the excess station.

Note 1:       Excess station, relevant supply and shortfall station have the same meanings as in section 30D of the Act.

Note 2:       Eligible renewable energy source and renewable energy certificate have the same meanings as in subsection 5(1) of the Act.

             (2)  In this regulation:

material, in relation to an excess or shortfall, means an excess or shortfall greater than 2% of the baseline of the station concerned, or the amount of electricity that would need to be generated to create 2000 renewable energy certificates under the Act, whichever is less.

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 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; or

                     (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).

Division 2.6Varying 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 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 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.

Division 2.7Varying 2008 WCMG limit for an accredited power station

20FA  Guidelines for varying 2008 WCMG limit

                   This Division prescribes guidelines for subsection 30G(2) of the Act.

20FB  Circumstances for varying 2008 WCMG limit for an accredited power station

On application to Regulator

             (1)  The Regulator may vary the 2008 WCMG limit for an accredited power station if:

                     (a)  the nominated person for the power station:

                              (i)  becomes aware that information used to determine the 2008 WCMG limit was inaccurate, misleading or incomplete; or

                             (ii)  becomes aware of an error in the determination of the 2008 WCMG limit; and

                     (b)  the nominated person makes an application to the Regulator, in the manner set out in subregulation (3), to vary the 2008 WCMG limit; and

                     (c)  after considering the application, the Regulator considers that the 2008 WCMG limit should be varied.

On Regulator’s own initiative

             (2)  The Regulator may, on his or her own initiative, vary the 2008 WCMG limit for an accredited power station if:

                     (a)  the Regulator becomes aware that:

                              (i)  information used to determine the 2008 WCMG limit was inaccurate, misleading or incomplete; or

                             (ii)  there is an error in the determination of the 2008 WCMG limit; and

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

                              (i)  that the Regulator is considering whether to vary the 2008 WCMG limit; 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 2008 WCMG limit; and

                     (c)  the Regulator, having become aware of the situation and having taken into account any information provided by the nominated person in response to a notice under paragraph (b), considers that the 2008 WCMG limit should be varied.

Form of application

             (3)  An application by a nominated person for an accredited power station for a variation of the 2008 WCMG limit for the power station:

                     (a)  must be in writing in a form approved by the Regulator; 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 information the nominated person considers relevant; and

                     (d)  must include, or be accompanied by, any other information or document required by the approved form.

20FC  Redistribution of 2008 WCMG limits between accredited power stations

             (1)  The Regulator may vary the 2008 WCMG limit for a year for 2 or more accredited power stations if:

                     (a)  the nominated person for each power station makes an application to the Regulator, in the manner set out in subregulation (3), to vary the 2008 WCMG limits for the power stations; and

                     (b)  at least one certificate has been created in relation to electricity generated by each power station using waste coal mine gas; and

                     (c)  after considering the applications, the Regulator considers that the 2008 WCMG limits should be varied for the year.

             (2)  However, the variation must not increase the combined total of the 2008 WCMG limits of the power stations.

             (3)  Each application for the variation of the 2008 WCMG limit of 2 or more power stations for a year:

                     (a)  must be in writing in a form approved by the Regulator; and

                     (b)  must be given to the Regulator by the nominated person no later than 30 September in the previous year; and

                     (c)  must identify the power stations and the proposed change to the 2008 WCMG limit for each power station; and

                     (d)  must include, or be accompanied by, any other information or document required by the approved form.

             (4)  The Regulator must not make a variation unless each application identifies the same power stations and the same proposed change to the 2008 WCMG limit for each power station.

20FD  Notification of determination

             (1)  If the Regulator makes a determination under regulation 20FB or 20FC varying the 2008 WCMG limit 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 under regulation 20FB or 20FC for an accredited power station, the Regulator makes a determination not to vary the 2008 WCMG limit 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 2008 WCMG limit for an accredited power station is a reviewable decision under section 66 of the Act.

Part 2AClearing house for small‑scale technology certificates

  

20G  Operation of clearing house

             (1)  For subsection 30U(1) of the Act, the Regulator may operate the clearing house as part of the register of small‑scale technology certificates.

             (2)  The clearing house transfer list is to be:

                     (a)  maintained by electronic means; and

                     (b)  made available for inspection on the internet.

             (3)  The Regulator must ensure that the clearing house transfer list is kept up to date.

             (4)  A person is not entitled to use the clearing house unless the person agrees to the terms and conditions determined by the Regulator for use of the clearing house.

             (5)  The Regulator must make the terms and conditions available to a person proposing to use the clearing house.

20H  Application to enter small‑scale technology certificates into clearing house

             (1)  For paragraph 30K(2)(c) of the Act, an application must be accompanied by the following information:

                     (a)  the applicant’s ABN and ACN (if any);

                     (b)  the name and contact details of a contact person for the application;

                     (c)  whether the applicant is registered for GST or required to be registered for GST;

                     (d)  the bank account details of an Australian bank into which the Regulator is to make payments to the applicant for the sale of the applicant’s small‑scale technology certificates;

                     (e)  the unique identification code for each small‑scale technology certificate proposed to be entered into the clearing house;

                      (f)  if the applicant is registered for GST or required to be registered for GST—whether there is any reason why the transfer of any of the applicant’s small‑scale technology certificates to a purchaser under section 30N of the Act would not be a taxable supply.

             (2)  For paragraph 30K(2)(d) of the Act, the application must be accompanied by documents to establish the applicant’s identity.

             (3)  Subregulations (1) and (2) do not apply if:

                     (a)  the transferee has previously provided the information and documents to the Regulator or the Renewable Energy Regulator; and

                     (b)  the information and documents remain current.

20I  Entering small‑scale technology certificates into the clearing house

                   For subsection 30L(1) of the Act, if more than 1 small‑scale technology certificate is included in an application under section 30K of the Act, the Regulator may, subject to subsection 30L(2) of the Act, include the certificates on the clearing house transfer list in the order in which the Regulator considers appropriate.

20J  Removing small‑scale technology certificates from clearing house transfer list

                   For paragraph 30U(2)(d) of the Act, the Regulator may remove a small‑scale technology certificate from the clearing house transfer list if:

                     (a)  the certificate has, for any reason, ceased to be valid; or

                     (b)  the removal of the certificate is necessary to comply with a court order; or

                     (c)  the Regulator decides to withdraw the certificate from the list under regulation 20K.

20K  Regulator may withdraw small‑scale technology certificates from clearing house

             (1)  This regulation applies if a small‑scale technology certificate is on the clearing house transfer list and the registered owner of the certificate transfers the certificate to another person (the transferee) otherwise than under Part 2A of the Act.

             (2)  For paragraph 30U(2)(c) of the Act, the Regulator may withdraw the certificate from the clearing house unless the transferee provides the Regulator with the following information and documents within the time specified in subregulation (3):

                     (a)  the transferee’s ABN and ACN (if any);

                     (b)  the name and work contact details of a contact person for the certificate;

                     (c)  whether the transferee is registered for GST or required to be registered for GST;

                     (d)  the bank account details of an Australian bank into which the Regulator is to make payments to the transferee for the transfer of the certificate;

                     (e)  if the transferee is registered for GST or required to be registered for GST—whether there is any reason why the transfer of any of the transferee’s certificates to a purchaser under section 30N of the Act would not be a taxable supply;

                      (f)  documents to establish the applicant’s identity.

             (3)  The information and documents must be provided to the Regulator by electronic communication:

                     (a)  within 7 days after the certificate is transferred to the transferee; or

                     (b)  no later than the day the certificate is listed at the top of the clearing house transfer list;

whichever occurs first.

             (4)  The Regulator must, within 7 days after withdrawing the certificate from the clearing house, notify the transferee in writing of the withdrawal.

             (5)  Subregulation (2) does not apply if:

                     (a)  the transferee has previously provided the information and documents to the Regulator or the Renewable Energy Regulator; and

                     (b)  the information and documents remain current.

20L  Owner may request Regulator to withdraw small‑scale technology certificates

             (1)  The registered owner of a small‑scale technology certificate on the clearing house transfer list may, in writing, request the Regulator to withdraw the certificate from the clearing house.

             (2)  The request must be made by electronic communication to the Regulator.

             (3)  The electronic communication must be in the form specified by the Regulator.

20M  Persons not entitled to purchase small‑scale technology certificates through clearing house

             (1)  For subsection 30M(2) of the Act, a person is not entitled to make an application to purchase a small‑scale technology certificate unless, before the person makes the application, the person is registered for GST and provides the Regulator with the following information and documents:

                     (a)  the person’s ABN or ACN (if any);

                     (b)  the name and work contact details of a contact person for the certificate;

                     (c)  the bank account details of an Australian bank into which the Regulator is to make any refunds to the person under the Act;

                     (d)  whether there is any reason why the transfer of the certificate to the person under section 30N or subsection 30P(3) of the Act would not be a taxable supply; and

                     (e)  documents to establish the applicant’s identity.

             (2)  Subregulation (1) does not apply if:

                     (a)  the person has previously provided the information and documents to the Regulator or the Renewable Energy Regulator; and

                     (b)  the information and documents remain current.

20N  Small‑scale technology certificates to be transferred or created within 3 days

             (1)  For paragraph 30U(2)(b) of the Act, if section 30N of the Act applies to an application to purchase a small‑scale technology certificate, the Regulator must, in accordance with subsection 30N(2) of the Act, transfer the certificate within 3 business days after the GST inclusive clearing house price accompanying the application is received as cleared funds in the Regulator’s bank account.

             (2)  For paragraph 30U(2)(b) of the Act, if section 30P of the Act applies to an application to purchase a small‑scale technology certificate, the Regulator must, in accordance with subsection 30P(2) of the Act, create the certificate within 3 business days after the GST inclusive clearing house price accompanying the application is received as cleared funds in the Regulator’s bank account.

20O  Refunds

             (1)  This regulation is made for subparagraph 30U(2)(i)(i) of the Act and applies if the Regulator:

                     (a)  has transferred 1 or more certificates to a purchaser; and

                     (b)  is required under paragraph 30N(3)(b) of the Act to pay the seller the clearing house price for each certificate.

             (2)  The Regulator must pay into the purchaser’s bank account an amount equal to 10% of the clearing house price for each certificate.

             (3)  In this regulation:

bank account, for a purchaser, means the purchaser’s bank account, the details of which have been provided to the Regulator under paragraph 20M(c).

20P  GST registration

             (1)  This regulation applies if the registered owner of a certificate that is on the clearing house transfer list becomes registered, or required to be registered, for GST, or ceases to be registered, or required to be registered, for GST, before the certificate is transferred to a purchaser under subsection 30N(2) of the Act.

             (2)  For subsection 30U(1) of the Act, the registered owner must notify the Regulator that the owner has become registered, or required to be registered, for GST or has ceased to be registered, or required to be registered, for GST.

             (3)  The notice must:

                     (a)  be made by electronic communication; and

                     (b)  be communicated to the Regulator within 7 days after the registered owner becomes registered, or required to be registered, for GST or ceases to be registered, or required to be registered, for GST.

Part 3Acquisition of electricity

  

21A  Prescribed person or body

                   For paragraphs 31(2)(c) and 32(1)(a) and section 34 of the Act, the IMO is prescribed.

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 AEMO or IMO—the amount worked out on the basis of metering data used for AEMO 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)  AEMO 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.

22  Capacity of grids

             (1)  For the purposes of subsection 31(3) of the Act, the capacity of a grid is the sum of the nameplate capacity (specified by the manufacturer in MW) for each electricity generator connected (directly or indirectly) to the grid, other than:

                     (a)  a privately owned domestic generator; or

                     (b)  a generator that:

                              (i)  has been connected (directly or indirectly) to the grid for at least the 3 calendar years before the assessment year; and

                             (ii)  in each of those years either produced less than 50 GWh or had a load factor of less than 5%.

             (2)  Despite subregulation (1), if a liable entity satisfies the Regulator that it is not appropriate to use the nameplate capacity for a particular electricity generator to determine the capacity of a grid, the Regulator may calculate the capacity of the grid by using the nominal capacity of that generator.

Part 3AExemption Certificates

Division 1Interpretation

22A  Interpretation

             (1)  In this Part and Schedule 6:

ABN has the same meaning as in the A New Tax System (Australian Business Number) Act 1999.

ACN has the same meaning as in the Corporations Act 2001.

acquired has the meaning given by subregulation 22A(8).

activity group has the meaning given by subregulation 22A(9).

applicant means a prescribed person that makes an application for an exemption certificate.

ASTM followed by a number (for example, ASTM D6347/D6347M‑99) means a standard of that number issued by ASTM International and, if a date is included, of that date.

Note:          ASTM means the American Society for Testing and Materials.

carbon steel means material which:

                     (a)  contains by mass more iron (Fe) than any other single element; and

                     (b)  has a carbon (C) concentration less than 2%.

certifiable amount has the meaning given by subregulation 22ZHC(2).

coke oven coke means the solid product obtained from the carbonisation of coal (principally coking coal) at a high temperature and includes coke breeze and foundry coke.

condensate has the same meaning as in the Excise Act 1901.

controlling corporation means a corporation to which paragraph 51(xx) of the Constitution applies that does not have a holding company incorporated in Australia.

Department of Climate Change and Energy Efficiency means the Department administered by the Minister who administers the National Greenhouse and Energy Reporting Act 2007.

electricity use method advice has the meaning given by paragraph 22O(1)(i).

eligible petroleum feedstocks means any 1 or more of the following that were not produced through the conduct of an emissions‑intensive trade‑exposed activity carried on in Australia:

                     (a)  catalytic cracker feedstocks that are processed in the catalytic cracker in carrying on the emissions‑intensive trade‑exposed activity and have a density of 0.84 to 0.98 kg/L at 15 °C and 1 atmosphere;

                     (b)  hydro‑cracker unit feedstocks that are processed in the hydro‑cracking unit in carrying on the emissions‑intensive trade‑exposed activity and have a density of 0.84 to 0.98 kg/L at 15 °C and 1 atmosphere;

                     (c)  reformer unit feedstocks that are used to produce reformate in carrying on the emissions‑intensive trade‑exposed activity and have a density of 0.6 to 0.80 kg/L at 15 °C and 1 atmosphere;

                     (d)  alkylation unit feedstocks that are used to produce alkylate in carrying on the emissions‑intensive trade‑exposed activity and have a density of 0.55 to 0.62 kg/L at 15 °C and 1 atmosphere;

                     (e)  bitumen feedstocks that are used to produce bitumen in carrying on the emissions‑intensive trade‑exposed activity and have a density greater than or equal to 0.95 kg/L at 15 °C and 1 atmosphere;

                      (f)  lubricant base stock feedstocks that are used to produce lubricant base stocks in carrying on the emissions‑intensive trade‑exposed activity and have a density of 0.84 to 0.98 kg/L at 15 °C and 1 atmosphere.

facility has the meaning given by section 9 of the National Greenhouse and Energy Reporting Act 2007.

financial control has the meaning given by subregulations 22K(4) and (5).

group has the meaning given by subregulation (2).

highly emissions‑intensive has the meaning given in subregulation (3).

iron ore, for Part 37 of Schedule 6, means any form of iron ore product that has not been semi‑processed into iron ore balls or exposed to a hardening process by the application of heat or pressure and includes:

                     (a)  magnetite ore that has been concentrated; and

                     (b)  hematite ore that has been crushed to varying extents.

joint venture means an unincorporated enterprise carried on by 2 or more entities in common otherwise than as a partnership.

LGC means a large‑scale generation certificate.

limited assurance conclusion has the same meaning as in the National Greenhouse and Energy Reporting (Audit) Determination 2009.

member has the meaning given by subregulation (4).

moderately emissions‑intensive has the meaning given in subregulation (5).

operational control has the meaning given by subregulation (6).

product means a product that is specified in Division 3 of a Part in Schedule 6 as the basis for the issue of an exemption certificate in relation to the carrying on of an emissions‑intensive trade‑exposed activity.

reasonable assurance conclusion has the same meaning as in the National Greenhouse and Energy Reporting (Audit) Determination 2009.

REC means a renewable energy certificate.

referrable to a site has the meaning given in subregulation (7).

relevant financial year means:

                     (a)  if the application made under subsection 46A(1) of the Act for a year (the application year) is not for a site that meets the criteria for a new entrant site specified in subregulation 22ZD(3)—the financial year which ended 6 months before the application year; or

                     (b)  if the application made under subsection 46A(1) of the Act for the application year is for a site that meets the criteria for a new entrant site specified in subregulation 22ZD(3)—the financial year which began 6 months before the application year.

relevant product means:

                     (a)  in relation to an application for an exemption certificate:

                              (i)  a product that is identified in the application as meeting the requirements specified in Division 3 of a Part in Schedule 6; or

                             (ii)  a substance mentioned in paragraphs 664(1)(a) to (e) of Schedule 6 that satisfies the requirements to be included in the kilolitres of product relevant for applying the electricity baseline for the activity of petroleum refining; and

                     (b)  in relation to an exemption certificate that has been issued:

                              (i)  a product that meets the requirements specified in Division 3 of a Part in Schedule 6 as the basis for the issue of the certificate; or

                             (ii)  a substance mentioned in paragraphs 664(1)(a) to (e) of Schedule 6 that satisfies the requirements to be included in the kilolitres of product relevant for applying the electricity baseline for the activity of petroleum refining.

saleable quality has the meaning given in regulation 22C.

stabilised crude petroleum oil has the meaning given in the Australian Taxation Office Interpretative Decision, ATO ID 2008/154, published on 18 November 2008.

unleaded petrol means all grades of unleaded petrol meeting Australian or international standards, including standard unleaded petrol, premium unleaded petrol and other proprietary forms of unleaded petrol.

use amount for a liable entity has the meaning given by paragraph 22ZHC(2)(a).

             (2)  Entities are taken to be a group if the entities are a controlling corporation’s group under the National Greenhouse and Energy Reporting Act 2007.

             (3)  An emissions‑intensive trade‑exposed activity is highly emissions‑intensive if the activity is classified as a highly emissions‑intensive activity in Division 2 of the relevant Part in Schedule 6 for the activity.

             (4)  An entity is a member of a controlling corporation’s group if the entity is a member of the controlling corporation’s group under the National Greenhouse and Energy Reporting Act 2007.

             (5)  An emissions‑intensive trade‑exposed activity is moderately emissions‑intensive if the activity is classified as a moderately emissions‑intensive activity in Division 2 of the relevant Part in Schedule 6 for the activity.

             (6)  An entity is taken to have operational control over a facility if the entity has operational control of the facility under the National Greenhouse and Energy Reporting Act 2007.

             (7)  An amount or volume of a relevant product that is identified in an application for an exemption certificate is referrable to a site only if:

                     (a)  the site is nominated in the application for the certificate in relation to the product; and

                     (b)  the Regulator is satisfied that the nomination meets the conditions specified in subregulation 22B(1); and

                     (c)  the Regulator is satisfied that the amount or volume of relevant product meets the conditions specified in subregulation 22B(2).

             (8)  Electricity is acquired for use at a site only if the electricity is used at the site and, in relation to that electricity, there was a relevant acquisition between the point of generation of the electricity and the point of use.

             (9)  If an emissions‑intensive trade‑exposed activity is, or is to be, carried on partly at 1 site and partly at 1 or more different sites, then all of those sites constitute an activity group if:

                     (a)  the processes involved in the transformation relevant to the carrying on of the activity occur, or will occur:

                              (i)  at those different sites; and

                             (ii)  as part of the same production process; and

                     (b)  for the activity of petroleum refining—the products produced from relevant products are transferred between the sites in order to conduct any of the processes listed in paragraphs 662(1)(a) to (d) of Schedule 6; and

                     (c)  for any other activity—the production of the relevant product from the activity involves the transfer of an intermediate product between the sites in order to produce the relevant product.

22B  Conditions for production to be referrable to a site

             (1)  For paragraph 22A(7)(b), the conditions for the nomination of a site in relation to an amount or volume of a relevant product are as follows:

                     (a)  the relevant product in relation to which a site is nominated is, or will be, the product of an emissions‑intensive trade‑exposed activity that is, or is to be, carried on wholly or partly at the nominated site;

                     (b)  only 1 site is to be nominated in respect of an amount or volume of relevant product;

                     (c)  the site is not a site at which the emissions‑intensive trade‑exposed activity is, or is to be, carried on only in an ancillary way.

             (2)  For paragraph 22A(7)(c), the conditions that the amount or volume of relevant product must meet are as follows:

                     (a)  if the amount or volume of relevant product is identified in the application as the product of a single site—the site:

                              (i)  is not part of an activity group; or

                             (ii)  if the site is part of an activity group, all other sites in the activity group are sites at which the activity is, or is to be, only carried on in an ancillary way;

                     (b)  if the amount or volume of relevant product is identified in the application as the product of each site nominated in an activity group— the amount or volume is calculated in accordance with the following formula:

                            where:

PT is the total amount or volume of the relevant product produced, or to be produced, from the emissions‑intensive trade‑exposed activity at all of the sites that are part of the same activity group.

ES is a reasonable estimate of the following amounts of electricity:

                             (a)  if 80% or more of the electricity used at the site is used for the purpose of carrying on the activity—the amount of electricity (expressed in megawatt hours) acquired for use at the site; or

                             (b)  if less than 80% of the electricity used at the site is used for the purpose of carrying on the activity—the amount of electricity (expressed in megawatt hours) acquired for use in carrying out the activity.

ET is the sum of all the estimated amounts of electricity (ES) for all of the sites in the activity group (other than sites at which the emissions‑intensive trade‑exposed activity is, or is to be, only carried on in an ancillary way).

22C  Meaning of saleable quality

             (1)  In this Part and Schedule 6, saleable quality is intended to have its ordinary meaning as understood by participants in the relevant market, subject to subregulations (2) to (5).

             (2)  A product is taken to be of saleable quality if it is produced to a level at which it would ordinarily be considered by participants in the relevant market:

                     (a)  to be the output of a process carried on as part of an emissions‑intensive trade‑exposed activity; and

                     (b)  to have a commercial value as that output.

Note:          On this basis, the output may meet particular industry standards or specifications (either general specifications or those set by particular customers). It may also meet internal standards by which it can be used by the firm as part of another process conducted by the firm.

                   Outputs that are of saleable quality do not need to be sold in the year of production. Therefore, an output that is produced and entered on an inventory can be of saleable quality.

             (3)  A sub‑standard product that is discarded is taken not to be of saleable quality.

             (4)  A product that is recycled back into the same emissions‑intensive trade‑exposed activity to produce a new output is taken to be of saleable quality only once.

Examples:

1       Metal that is re‑melted in the same equipment in which it was produced.

2       Paper that is re‑inputted into a paper making process.

             (5)  Material that is scrapped or lost before it is packaged as a product that is of saleable quality:

                     (a)  is taken not to be of saleable quality; and

                     (b)  is taken not to be included in an amount of product that is of saleable quality that is to be counted for the purpose of calculating a liable entity’s exemption.

Division 2Emissions‑intensive trade‑exposed activities

22D  Emissions‑intensive trade‑exposed activities

                   For the purposes of paragraph (b) of the definition of emissions‑intensive trade‑exposed activity in section 5 of the Act, each activity specified in Division 1 of a Part (other than Part 1) in Schedule 6 is prescribed.

Note:          Other Divisions in a Part of Schedule 6 set out information that is required for the purposes of calculating the amount of a liable entity’s exemption.

Division 3Publication of information

22E  Information about exemptions to be published—section 38C of the Act

             (1)  For paragraph 38C(1)(c) of the Act, the name of each of the emissions‑intensive trade‑exposed activities set out in the exemption certificates to which the exemption relates is required.

             (2)  For subsection 38C(2) of the Act, for a year, the name of each person to whom an exemption certificate is issued and the emissions‑intensive trade‑exposed activity or activities set out in the exemption certificate is required to be published within 14 days after the certificate is issued.

             (3)  For subsection 38C(2) of the Act, for a year, an estimate of the total amount of exemptions given for each emissions‑intensive trade‑exposed activity is required to be published by 30 March in the year after the year to which the exemptions relate.

Division 4Applications for exemption certificates

Subdivision AWho may apply—prescribed persons

22F  Prescribed persons—subsection 46A(1) of the Act

                   This Subdivision prescribes persons for subsection 46A(1) of the Act.

22G  Prescribed person—person with contract for supply of electricity to site

                   If:

                     (a)  a person is making an application under subsection 46A(1) of the Act in relation to a site and a year (the application year); and

                     (b)  the person (the contracting person) was a party to a contract for the supply of electricity consumed at the site during the whole, or part of, the year immediately preceding the application year; and

                     (c)  the contract was with a liable entity in relation to electricity consumed at the site during the period mentioned in paragraph (b); and

                     (d)  an emissions‑intensive trade‑exposed activity is to be carried on at the site during the application year; and

                     (e)  immediately before the day the application is made:

                              (i)  the contracting person is a party to a contract for the supply of electricity consumed at the site; and

                             (ii)  in relation to the site, activity and the application year there is no valid application before the Regulator, and there is no exemption certificate issued, for the activity, the site and the application year;

then the contracting person is a prescribed person for the activity, the site and the application year.

22H  Prescribed person—liable entity with operational control

                   If:

                     (a)  a person has operational control of a facility immediately before the person makes an application under subsection 46A(1) of the Act in respect of a site and a year; and

                     (b)  an emissions‑intensive trade‑exposed activity is carried on at the site; and

                     (c)  the facility is the principal facility that is carried on at the site; and

                     (d)  the person is the liable entity for:

                              (i)  over 30% of the electricity consumed at the site; or

                             (ii)  the majority of the electricity consumed at the site that gives rise to a relevant acquisition;

                            in the 6 months immediately preceding the day the person makes the application; and

                     (e)  immediately before the day the application is made in relation to the activity, the site and the year there is no valid application before the Regulator, and there is no exemption certificate issued for the activity, the site and the application year;

then the person is a prescribed person for the activity, the site and the year.

22I  Prescribed person—liable entity for future activity

                   If:

                     (a)  immediately before a person makes an application in respect of a site and a year, an emissions‑intensive trade‑exposed activity is not yet carried on at the site; and

                     (b)  the emissions‑intensive trade‑exposed activity is to be carried on at the site during the application year; and

                     (c)  when the emissions‑intensive trade‑exposed activity is first to be carried on at the site the person will have operational control of the facility; and

                     (d)  the facility will be the principal facility that is carried on at the site; and

                     (e)  the person will be the liable entity for over 30% of the electricity consumed at the site during the application year; and

                      (f)  immediately before the day the application is made in relation to the activity, the site and the year there is no valid application before the Regulator, and there is no exemption certificate issued for the activity, the site and the application year;

then the person is a prescribed person for the activity, the site and the application year.

22J  Prescribed person—person with a new contract for supply of electricity

                   If:

                     (a)  a person is making an application under subsection 46A(1) of the Act in relation to a site and a year; and

                     (b)  an emissions‑intensive trade‑exposed activity is to be carried on at the site during the year; and

                     (c)  immediately before the day the application is made for the site, there is no prescribed person of a kind mentioned in regulation 22G, 22H or 22I; and

                     (d)  the person is a party to a contract with a liable entity for a supply of electricity to be consumed at the site in the year; and

                   (da)  upon making the application under subsection 46A(1) of the Act, the person is not eligible to be a prescribed person under regulation 22G, 22H or 22I; and

                     (e)  immediately before the day the application is made in relation to the activity, the site and the application year there is no valid application before the Regulator, and there is no exemption certificate issued, for the activity, the site and the year;

then the person is a prescribed person in relation to the activity, the site and the year.

22K  Prescribed person—nominated person

             (1)  If:

                     (a)  a person is a prescribed person (the first person) under regulation 22G, 22H, 22I or 22J for an emissions‑intensive trade‑exposed activity to be carried on at a site during a year; and

                     (b)  before the first person makes an application in respect of the site and the year under subsection 46A(1) of the Act, the first person gives the Regulator notice; and

                     (c)  the notice states that another person in relation to the principal facility carried on, or to be carried on, at the site may apply for an exemption certificate for the activity, the site and the year; and

                     (d)  the other person is a controlling person (see subregulation (3)) in relation to the principal facility; and

                     (e)  immediately before the day the application is made in relation to the activity, the site and the year there is no valid application before the Regulator, and there is no exemption certificate issued, for the activity, the site and the year;

then the other person is taken to be the prescribed person for the activity, the site and the year.

             (2)  The notice under subregulation (1) must be given in writing.

             (3)  Controlling person, in relation to the principal facility to be carried on at the site, means 1 of the following:

                     (a)  a person with operational control of the facility;

                     (b)  the controlling corporation that has a member of its group with operational control of the facility;

                     (c)  a person that is not the operator of the facility who has financial control (see subregulation (4)) over the facility.

             (4)  If a person (the operator) has operational control over a facility, another person (the second person) has financial control over the facility if:

                     (a)  under a contract between:

                              (i)  the operator; and

                             (ii)  the second person;

                            the operator operates the facility on behalf of the second person; or

                     (b)  under a contract between:

                              (i)  the operator; and

                             (ii)  the second person and 1 or more other persons;

                            the operator operates the facility on behalf of the second person and those other persons; or

                     (c)  the second person is able to control the trading or financial relationships of the operator in relation to the facility; or

                     (d)  the second person has the economic benefits from the facility; or

                     (e)  all of the following conditions are satisfied:

                              (i)  the second person is a participant in a joint venture;

                             (ii)  there is only 1 other participant in the joint venture;

                            (iii)  the second person shares the economic benefits from the facility with the other participant;

                            (iv)  the second person’s share equals or exceeds the share of the other participant; or

                      (f)  all of the following conditions are satisfied:

                              (i)  the second person is a participant in a joint venture;

                             (ii)  there are 2 or more other participants in the joint venture;

                            (iii)  the second person shares the economic benefits from the facility with the other participants;

                            (iv)  no other participant has a share of the economic benefits from the facility; or

                     (g)  all of the following conditions are satisfied:

                              (i)  the second person is a partner in a partnership;

                             (ii)  there are 2 or more other partners in the partnership;

                            (iii)  the second person shares the economic benefits from the facility with the other partners;

                            (iv)  no other partner has a share that exceeds the share of the second person; or

                     (h)  the second person is able to direct or sell the output of the facility.

             (5)  In determining whether the second person has that financial control, regard must be had to the economic and commercial substance of the matters mentioned in subregulation (4).

22L  Prescribed person—liable entity changes (production calculation method)

             (1)  If:

                     (a)  a prescribed person has been granted an exemption certificate in relation to an emissions‑intensive trade‑exposed activity, site and year; and

                    (aa)  the amount of the exemption is worked out under Division 5 (production calculation method); and

                     (b)  during the year the liable entity set out in the certificate ceases to be the liable entity in relation to the electricity consumed at the site; and

                     (c)  a second liable entity begins to be the liable entity in relation to electricity consumed at the site; and

                     (d)  the prescribed person applies again under subsection 46A(1) of the Act before the end of the year in relation to the activity, site, year and second liable entity;

then the prescribed person is a prescribed person for the activity, the site, the year and the second liable entity.

             (2)  If during the year:

                     (a)  the second liable entity ceases to be the liable entity in relation to the electricity consumed at the site; and

                     (b)  a third liable entity begins to be the liable entity in relation to electricity consumed at the site; and

                     (c)  the prescribed person applies again under subsection 46A(1) of the Act before the end of the year in relation to the activity, site, year and third liable entity;

then the prescribed person is a prescribed person for the activity, the site, the year and the third liable entity.

22LA  Prescribed person—liable entity changes (electricity use method)

                   If:

                     (a)  a prescribed person has been granted an exemption certificate in relation to an emissions‑intensive trade‑exposed activity, site and year; and

                     (b)  the amount of the exemption is worked out under Division 5A (electricity use method); and

                     (c)  during the year, the liable entity set out in the certificate (the old liable entity) ceases to be a liable entity in relation to electricity consumed at the site; and

                     (d)  another entity (the new liable entity) begins to be a liable entity in relation to electricity consumed at the site instead of the old liable entity; and

                     (e)  the prescribed person applies again under subsection 46A(1) of the Act before the end of the year in relation to the activity, site, year and new liable entity;

then the prescribed person is a prescribed person for the activity, site, year and new liable entity.

22M  Prescribed person—multiple liable entities (production calculation method)

                   If:

                     (a)  a prescribed person has been granted an exemption certificate in relation to an emissions‑intensive trade‑exposed activity, site and year; and

                    (aa)  the amount of the exemption is worked out under Division 5 (production calculation method); and

                     (b)  either:

                              (i)  at the start of the year there are one or more liable entities in relation to the electricity consumed at the site, other than the liable entity set out in the certificate; or

                             (ii)  during the year one or more liable entities, in addition to the liable entity set out in the certificate, begin to be a liable entity in relation to the electricity consumed at the site; and

                     (c)  the prescribed person has not been, or has not applied to be, a prescribed person under subregulation 22L(1) for the activity, site and year; and

                     (d)  the prescribed person applies again under subsection 46A(1) of the Act before the end of the year in relation to:

                              (i)  the activity; and

                             (ii)  the site; and

                            (iii)  the year; and

                            (iv)  the liable entity that is likely to be responsible for the most amounts of relevant acquisitions consumed at the site during the year by all the liable entities mentioned in subparagraphs (b)(i) or (ii) (other than the liable entity set out in the certificate);

then the prescribed person is a prescribed person for the activity, the site, the year and the second liable entity.

Example:       Company A operates a zinc smelter at a site with 2 connection points to the National Electricity Market. The company has a different retailer for each of those connection points. The company would first apply in relation to one of the retailers and obtain the full value of the exemption for the emissions‑intensive trade‑exposed activity. The company would then apply for a second certificate for the second retailer by becoming a prescribed person under regulation 22M. Once approved, the first certificate would be reduced in accordance with regulation 22ZQ.

22MA  Prescribed person—multiple liable entities (electricity use method)

                   If:

                     (a)  a prescribed person has been granted one or more exemption certificates, in relation to an emissions‑intensive trade‑exposed activity, site, year and one or more liable entities (an earlier liable entity); and

                     (b)  the amount or amounts of the exemptions is worked out under Division 5A (electricity use method); and

                     (c)  during the year, an entity (an added liable entity) begins to be a liable entity in relation to electricity consumed at the site in addition to the earlier liable entities; and

                     (d)  the prescribed person has not been, and has not applied to be, a prescribed person under regulation 22LA for the activity, site, year and the added liable entity; and

                     (e)  the prescribed person applies again under subsection 46A(1) of the Act before the end of the year in relation to the activity, site, year and the added liable entity;

then the prescribed person is a prescribed person for the activity, site, year and added liable entity.

Subdivision BInformation to be included in applications under subsection 46A(1) of the Act

22N  Information to be included

             (1)  This Subdivision prescribes information that must be included in an application under subsection 46A(1) of the Act.

             (2)  The Subdivision is made for the purposes of paragraph 46A(2)(b) of the Act.

22O  Information to be included with all applications

             (1)  The following information is prescribed in relation to all applications under subsection 46A(1):

                     (a)  the applicant’s name, address and contact details;

                     (b)  the applicant’s ABN and ACN;

                     (c)  the name and work contact details of a contact person for the application;

                     (d)  a description of the basis upon which the applicant is a prescribed person;

                     (e)  an explanation of how the emission‑intensive trade‑exposed activity or activities will be carried on at the site in the year and how any requirements relating to the conduct of the activity or activities will be met;

                      (f)  if the amount of the exemption is to be worked out under Division 5 (production calculation method)—an explanation of the amount or volume of relevant production and other numbers relevant to the application of the method in Division 5, including:

                              (i)  the basis on which such amounts have been calculated; and

                             (ii)  how any amounts or volumes of relevant product have been measured and the frequency of the measurements; and

                            (iii)  how the nomination of amounts or volumes of a relevant product satisfy the conditions in regulation 22B; and

                            (iv)  how any other requirements relating to those amounts have been met;

                     (g)  if the amount of the exemption is to be worked out under Division 5 (production calculation method)—a statement of the amount of the exemption that should be set out in the exemption certificate and how that amount should be calculated in accordance with Division 5 (including any assumptions made about values or amounts not known at the time of the application);

                     (h)  if the amount of the exemption is to be worked out under Division 5A (electricity use method):

                              (i)  the names of the liable entity or entities to which the application relates; and

                             (ii)  for each activity identified in the application—an estimate of the amount or volume of relevant product identified in the application and referrable to the site; and

                            (iii)  if the applicant considers that metering data should be used (whether alone or as part of a formula with other elements) to identify the use amount for a liable entity to which the application relates—identifying information for the meters supplying the data, including the National Metering Identifier (if any) for each such meter within the meaning of the National Electricity Rules;

                      (i)  if the amount of the exemption is to be worked out under Division 5A (electricity use method)—the following information (the electricity use method advice):

                              (i)  whether the applicant considers that metering data is sufficient and appropriate to identify the use amount for a liable entity to which the application relates, and why or why not;

                             (ii)  if the applicant considers that metering data is not sufficient or not appropriate to identify the use amount for a liable entity—the formula that, having regard to the Regulator’s object set out in subregulation 22ZHC(5), the applicant considers would be appropriate to identify the use amount, and an explanation of the elements of the proposed formula and why it would be appropriate.

             (2)  The following information is also prescribed in relation to all applications made under subsection 46A(1) of the Act (other than an application of a kind mentioned in regulation 22S or 22T):

                     (a)  a map that sets out the following:

                              (i)  the site in respect of which the application is made;

                             (ii)  where on the site the emission‑intensive trade‑exposed activities are carried on;

                            (iii)  the sources of electricity generation that are part of the site and the nameplate rating (in MW) of each of those sources;

                            (iv)  any point at which electricity is delivered to the site other than by means of an electricity grid with a capacity of 100 MW or more;

                             (v)  how the site is connected to an electricity grid with a capacity that is 100 MW or more;

                     (b)  the name of the liable entity (as referred to in paragraph 46A(1)(b) of the Act);

                     (c)  if:

                              (i)  an emission‑intensive trade‑exposed activity is proposed to be carried on at the site but is not, at the time of the application, carried on at the site; and

                             (ii)  an approval is necessary to carry out the emission‑intensive trade‑exposed activity proposed at the site;

                            a statement of what those approvals are and whether the prescribed person has obtained them at the time of making the application;

                     (d)  information about any generation capacity that exists at the site and whether the generation gives rise to any relevant acquisitions;

                     (e)  information about any electricity used at the site that is not a relevant acquisition because of subsection 31(2) of the Act;

                      (f)  whether the prescribed person intends to apply to be a prescribed person under regulation 22M in relation to the activity, site and year in respect of a second liable entity at the site;

                     (g)  whether the prescribed person intends to apply to be a prescribed person under regulation 22MA in relation to the activity, site and year in respect of an added liable entity (within the meaning of that regulation) at the site.

22Q  Information to be included in applications for new entrant site

          (1A)  This regulation applies to an application for an exemption certificate in relation to an activity and a site, if:

                     (a)  the amount of the exemption is to be worked out under Division 5 (production calculation method) and the site meets the criteria for a new entrant specified in subregulation 22ZD(3); or

                     (b)  the amount of the exemption is to be worked out under Division 5A (electricity use method) and the activity was not carried on at that site in the year before the year for which the application is made.

             (1)  The application must also include:

                     (a)  information about whether any contracts or other arrangements have been entered into to buy the emissions‑intensive trade‑exposed activity’s output; and

Note:           The information need not include the price of the output.

                     (b)  information about commissioning or recommissioning of the equipment that is to carry on the emissions‑intensive trade‑exposed activity, including a description of when and how the equipment will be constructed, commissioned or recommissioned; and

                     (c)  a statement by the person constructing, commissioning or recommissioning the principal equipment that is to be used to carry on the emissions‑intensive trade‑exposed activity as to whether the equipment:

                              (i)  will be constructed, commissioned or recommissioned as described in the application; and

                             (ii)  is likely to be ready to produce the relevant product; and

                     (d)  information in general terms about the arrangements that are in place to finance the installation of any equipment at the site; and

                     (e)  a statement of any factors of which the applicant is aware that would stop or delay the carrying out of the emissions‑intensive trade‑exposed activity or the installation of any equipment at the site.

             (2)  Paragraph (1)(c) applies only to principal equipment that has not been constructed, commissioned or recommissioned at the time of the application.

22R  Information to be included in applications for significantly expanded site

             (1)  An application under subsection 46A(1) of the Act for a year (the application year) and a site that meets the criteria for a significant expansion specified in subregulation 22ZD(4) must:

                     (a)  describe any relevant equipment that has been, or will be, installed or recommissioned and explain how the relevant equipment will increase the production of the relevant product in the financial year that began 6 months before the application year; and

                     (b)  identify any relevant product the production of which is expected to increase in the financial year that began 6 months before the application year; and

                     (c)  set out the amount or volume of the relevant product referrable to the site that was produced during the financial year that ended 6 months before the application year; and

                     (d)  set out the amount or volume of the relevant product that is reasonably likely to be produced during the financial year that began 6 months before the application year and is referrable to the site; and

                     (e)  state whether any other equipment is to be decommissioned or operated at a lower rate after the new equipment is installed or relevant existing equipment is recommissioned; and

                      (f)  state the maximum productive capacity of the equipment that:

                              (i)  is at the site before the installation of the equipment mentioned in paragraph 22ZD(4)(b); and

                             (ii)  may be used to produce the relevant product; and

                     (g)  state the maximum productive capacity of all of the equipment that is to be used to produce the relevant product after:

                              (i)  the commissioning of the equipment that is to be installed; and

                             (ii)  any existing equipment that is to be decommissioned has been decommissioned; and

                     (h)  identify any contracts or other arrangements that have been entered into to buy the output of the facility; and

Note:           The information need not include the price of the output.

                      (i)  for new equipment that is being installed at the time of the application, give information about the commissioning of the principal equipment that is to be used to carry on the emissions‑intensive trade‑exposed activity, including a description of when and how the equipment will be commissioned; and

                      (j)  for new equipment that is being installed at the time of the application, include a statement by the person constructing the principal equipment that is to be used to carry on the activity as to whether the equipment:

                              (i)  will be constructed as described in the application; and

                             (ii)  is likely to be ready to produce the relevant product; and

                     (k)  include information in general terms about the arrangements that are in place to finance the installation of any equipment at the site; and

                      (l)  include a statement of any factors of which the applicant is aware that would stop or delay the carrying out of the emissions‑intensive trade‑exposed activity or the installation of any equipment at the site.

             (2)  However, if more than 1 relevant product for an emissions‑intensive trade‑exposed activity is produced at a site, the information in subregulation (1) must relate only to each relevant product, the expected production of which is directly affected by the use of the equipment.

             (3)  This regulation does not apply to an application if the amount of the exemption applied for is to be worked out under Division 5A (electricity use method).

22S  Information to be included for person prescribed under regulation 22L or 22LA

             (1)  If an application under subsection 46A(1) of the Act is made by a prescribed person mentioned in subregulation 22L(1), in addition to the information mentioned in subregulation 22O(1), the application must:

                     (a)  specify the circumstances in which the liable entity (the old liable entity) mentioned in paragraph 22L(1)(b) ceased to be the liable entity; and

                     (b)  provide evidence of the date on which the old liable entity ceased to be the liable entity and the date the liable entity mentioned in paragraph 22L(1)(c) (the new liable entity) became the liable entity; and

                     (c)  provide evidence that both the old and new liable entity have been informed of the application.

             (2)  If an application under subsection 46A(1) of the Act is made by a prescribed person mentioned in subregulation 22L(2), in addition to the information mentioned in subregulation 22O(1), the application must:

                     (a)  specify the circumstances in which the liable entity (the old liable entity) mentioned in paragraph 22L(2)(a) ceased to be the liable entity; and

                     (b)  provide evidence of the date on which the old liable entity ceased to be the liable entity and the date the liable entity mentioned in paragraph 22L(2)(b) (the new liable entity) became the liable entity; and

                     (c)  provide evidence that both the old and new liable entity have been informed of the application.

             (3)  If an application under subsection 46A(1) of the Act is made by a prescribed person mentioned in regulation 22LA, in addition to the information mentioned in subregulation 22O(1), the application must:

                     (a)  specify the circumstances in which the liable entity mentioned in paragraph 22LA(c) (the old liable entity) ceased to be the liable entity; and

                     (b)  provide evidence of the date on which the old liable entity ceased to be the liable entity and the date the liable entity mentioned in paragraph 22LA(d) (the new liable entity) became the liable entity; and

                     (c)  provide evidence that both the old and new liable entity have been informed of the application; and

                     (d)  if the applicant considers the use amount for the new liable entity should be identified in a way that is materially different from the way the use amount for the old liable entity is identified—include a description of the material difference; and

                     (e)  provide a description of, and reasons for, amendments that the applicant considers the Regulator should make to an exemption certificate issued in relation to the old liable entity.

22T  Information to be included for person prescribed under regulation 22M or 22MA

             (1)  If an application under subsection 46A(1) of the Act is made by a prescribed person mentioned in regulation 22M, in addition to the information mentioned in subregulation 22O(1), the application must:

                     (a)  include a description of the liable entities in relation to electricity consumed at the site and the amount of relevant acquisitions expected in relation to each liable entity in the year to which the exemption certificate relates; and

                     (b)  provide evidence that the liable entities specified in the certificates mentioned in regulation 22M have been informed of the application.

             (2)  If an application under subsection 46A(1) of the Act is made by a prescribed person mentioned in regulation 22MA, in addition to the information mentioned in subregulation 22O(1), the application must:

                     (a)  include a description of the liable entities in relation to electricity consumed at the site and the amount of relevant acquisitions expected in relation to each liable entity in the year to which the exemption certificate relates; and

                     (b)  provide evidence that the liable entities specified in the certificates mentioned in regulation 22MA have been informed of the application; and

                     (c)  if the applicant considers the use amount for the entity mentioned in paragraph 22MA(c) (the added liable entity) should be identified in a way that is materially different from the way the use amount for one or more liable entities mentioned in paragraph 22MA(a) (the earlier liable entity) is identified—include a description of the material difference; and

                     (d)  provide a description of, and reasons for, amendments that the applicant considers the Regulator should make to one or more exemption certificates that have been issued in relation to one or more earlier liable entities.

Subdivision BAReports to accompany certain applications for exemption amounts to be worked out under Division 5 (production calculation method)

22UA  Reports to accompany certain applications

             (1)  This Subdivision is made for paragraph 46A(2)(bb) of the Act and sets out the reports that must accompany certain applications under subsection 46A(1) of the Act.

             (2)  This subdivision applies to an application:

                    (aa)  for which the amount of the exemption applied for is to be worked out under Division 5 (production calculation method); and

                     (a)  for 2012 or a subsequent year; and

                     (b)  that is made by a person who is a prescribed person under regulation 22G, 22H, 22I, 22J or 22K; and

                     (c)  for which the amount of exemption applied for exceeds 15 000 MWh for the application year.

22UB  Application to be accompanied by audit report

             (1)  The application must be accompanied by an audit report that complies with this regulation.

             (2)  The audit report must be prepared by:

                     (a)  a person that is a registered company auditor under section 1280 of the Corporations Act 2001; or

                     (b)  a company that is an authorised audit company under section 1299C of the Corporations Act 2001; or

                     (c)  a registered greenhouse and energy auditor, within the meaning of the National Greenhouse and Energy Reporting Act 2007, who is registered as a Category 2 auditor under the National Greenhouse and Energy Reporting Regulations 2008.

             (3)  The audit report must set out, under a separate heading from any limited assurance conclusion provided, the auditor’s reasonable assurance conclusion as to whether:

                     (a)  the activities set out in the application that are claimed to be an emissions‑intensive trade‑exposed activity comply, in all material respects, with each of the requirements in the description of the activity set out in Schedule 6; and

                     (b)  the application presents fairly, in all material respects, the amount or volume of the relevant product produced in each previous financial year that is relevant to the application in accordance with:

                              (i)  the requirements for that amount or volume set out in Schedule 6; and

                             (ii)  the measurement policies adopted and disclosed by the applicant in the application.

          (3A)  For an application to which subregulation 22ZD(3) or (4) applies, the audit report must set out, under a separate heading from any reasonable assurance conclusion provided, the auditor’s limited assurance conclusion as to whether, based on the audit procedures performed, anything causes the auditor to believe that:

                     (a)  the applicant’s assumptions do not provide a reasonable basis for the preparation of the expected production amount or volume of the relevant product; and

                     (b)  the expected production is not properly prepared, in all material respects, on the basis of the assumptions described in the application; and

                     (c)  the expected production is not presented fairly, in all material respects, in accordance with the measurement policies adopted and disclosed by the applicant in the application.

             (4)  The audit company or auditor mentioned in subregulation (2) must be independent of the applicant or applicants to the extent that a conflict of interest situation (within the meaning of the National Greenhouse and Energy Reporting Regulations 2008) does not arise in relation to the auditing of the application.

             (5)  The person preparing the audit report must ensure that the audit to which the report relates is conducted in accordance with the relevant requirements for assurance engagements under:

                     (a)  subject to regulation 22UC, the National Greenhouse and Energy Reporting (Audit) Determination 2009; or

                     (b)  if a registered company auditor or authorised audit company is not a registered greenhouse and energy auditor, and does not wish to use the requirements in that instrument:

                              (i)  ASAE 3000, Assurance Engagements Other than Audits or Reviews of Historical Financial Information, issued by the Auditing and Assurance Standards Board; and

                             (ii)  any other relevant auditing standard issued by the Auditing and Assurance Standards Board.

22UC  Application of National Greenhouse and Energy Reporting (Audit) Determination 2009

                   For paragraph 22UB(5)(a), a reference in the definition of misstatement in the National Greenhouse and Energy Reporting (Audit) Determination 2009 to ‘the Act’ or ‘the Regulations’ is to be read as a reference to the Renewable Energy (Electricity) Act 2000 and these Regulations.

Subdivision BBReports to accompany certain applications for exemption amounts to be worked out under Division 5A (electricity use method)

22UF  Application of this Subdivision

                   This Subdivision is made:

                     (a)  for the purposes of paragraph 46A(2)(bb) of the Act; and

                     (b)  in relation to an application for an exemption certificate for which the amount of the exemption is to be worked out under Division 5A (electricity use method).

22UG  When an audit report is required

Applicant using electricity use method for first time

             (1)  An application for a year, in relation to a site, must be accompanied by an audit report if:

                     (a)  the applicant has not previously made an application in relation to the site for which the amount of the exemption applied for is to be worked out under Division 5A (electricity use method); and

                     (b)  the total amount of exemptions applied for in the application is likely to exceed 15,000 MWh.

Every 3 years

             (2)  An application for a year, in relation to a site, must also be accompanied by an audit report if:

                     (a)  the year is at least 2 years after the last year for which an application made by the applicant in relation to the site was accompanied by an audit report required under this regulation; and

                     (b)  the total amount of exemptions applied for in the application is likely to exceed 15,000 MWh.

On request

             (3)  An application for a year, in relation to a site, must also be accompanied by an audit report if the Regulator has given the applicant a notice in writing for the year and the site in accordance with subregulation (4).

             (4)  For the purposes of subregulation (3), the Regulator may give a person a written notice, for a year and a site, requiring an application by the person to be accompanied by an audit report, if the Regulator is satisfied that the way the use amount for a liable entity is identified for the year in relation to the site is likely to be materially different from the way the use amount for a liable entity is identified in relation to the site for the year or the previous year.

Application by prescribed person mentioned in regulation 22LA or 22MA

             (5)  Subject to subregulation (7), an application for a year, in relation to a site, must also be accompanied by an audit report if:

                     (a)  the application is made by a prescribed person mentioned in regulation 22LA; and

                     (b)  the applicant considers that the use amount for the new liable entity mentioned in paragraph 22LA(d) should be identified in a way that is materially different from the way the use amount for the old liable entity mentioned in paragraph 22LA(c) is identified; and

                     (c)  the total amount of exemptions applied for in the application is likely to exceed 15,000 MWh.

             (6)  Subject to subregulation (7), an application for a year, in relation to a site, must also be accompanied by an audit report if:

                     (a)  the application is made by a prescribed person mentioned in regulation 22MA; and

                     (b)  the applicant considers that the use amount for the added liable entity mentioned in paragraph 22MA(c) should be identified in a way that is materially different from the way the use amount for one or more earlier liable entities mentioned in paragraph 22MA(a) is identified; and

                     (c)  the total amount of exemptions applied for in the application is likely to exceed 15,000 MWh.

             (7)  Subregulations (5) and (6) do not apply if the Regulator determines that an audit report is not required.

             (8)  The applicant may apply to the Regulator for a determination that an audit report is not required.

22UH  Requirements for audit report

             (1)  The audit report must be prepared by a registered greenhouse and energy auditor (within the meaning of the National Greenhouse and Energy Reporting Act 2007):

                     (a)  who is registered as a Category 2 auditor under the National Greenhouse and Energy Reporting Regulations 2008; and

                     (b)  for whom no conflict of interest situation (within the meaning of those Regulations) exists in relation to the applicant.

             (2)  The auditor must ensure that the audit to which the report relates is conducted in accordance with the applicable requirements under the National Greenhouse and Energy Reporting (Audit) Determination 2009 for assurance engagements.

             (3)  The audit report must set out the auditor’s reasonable assurance conclusion as to whether:

                     (a)  the activities set out in the application that are claimed to be an emissions‑intensive trade‑exposed activity comply, in all material respects, with each of the requirements in the description of the activity set out in Schedule 6; and

                     (b)  the application presents fairly, in all material respects, the electricity use method advice (see paragraph 22O(1)(i)); and

                     (c)  the electricity use method advice is reasonable, and in all material respects is not likely to result in including an amount of electricity that is not a use amount; and

                     (d)  if an audit report is required under subregulation 22UG(5) or (6)—the amendments and reasons for the amendments mentioned in paragraph 22S(3)(e) or 22T(2)(d) are reasonable.

Subdivision CTime and manner of lodging applications under section 46A of the Act

22V  Time for lodging

                   This Subdivision is made for paragraph 46A(2)(c) of the Act.

22X  Time for lodging—applications for exemption amount to be worked out under Division 5 (production calculation method)

       (1AA)  This regulation applies in relation to an application for an exemption certificate, for a year, if the amount of the exemption is to be worked out under Division 5 (production calculation method).

             (1)  An application under subsection 46A(1) of the Act for an exemption certificate in relation to a year occurring after 2010 made by a prescribed person mentioned in regulation 22G, 22H, 22I, 22J or 22K must be lodged with the Regulator before 31 March of the year to which the application relates.

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

                     (a)  for 2013; 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 Part 51 or 52 of Schedule 6 (production of glass wool or coal char);

the application must be lodged with the Regulator before 13 December 2013.

             (2)  An application under subsection 46A(1) of the Act for an exemption certificate in relation to a year occurring after 2010 made by a prescribed person mentioned in regulation 22L must be lodged with the Regulator before 1 January of the year immediately following the year to which the application relates.

             (3)  An application under subsection 46A(1) of the Act for an exemption certificate made by a person mentioned in regulation 22M must be lodged with the Regulator before:

                     (a)  if the application relates to a liable entity first mentioned in subparagraph 22M(b)(i)—1 July of the year to which the application relates; or

                     (b)  if the application relates to a liable entity first mentioned in subparagraph 22M(b)(ii)—1 January of the year immediately after the year to which the application relates.

22XA  Time for lodging—applications for exemption amount to be worked out under Division 5A (electricity use method)

             (1)  This regulation applies in relation to an application for an exemption certificate, for a year, if the amount of the exemption is to be worked out under Division 5A (electricity use method).

             (2)  If the applicant is a prescribed person mentioned in regulation 22G, 22H, 22I, 22J or 22K, the application must be lodged during the period:

                     (a)  starting on 1 August of the previous year; and

                     (b)  ending on 30 March of the year.

             (3)  If the applicant is a prescribed person mentioned in regulation 22LA or 22MA, the application must be lodged by the end of the year.

22Y  Manner and form of lodging

                   An application under subsection 46A(1) of the Act must be lodged with the Regulator in a manner and form specified by the Regulator on the Regulator’s website.

Division 5Method for working out amount of exemption: production calculation method (before 2020)

Subdivision AGeneral

22Z  Method for calculating amount of exemption

             (1)  This Division is made for paragraph 46B(1)(a) of the Act and prescribes the method for calculating the amount of a liable entity’s exemption for a year in relation to an emissions‑intensive trade‑exposed activity and site mentioned in an application under subsection 46A(1) of the Act.

          (1A)  This Division does not apply for working out the amount of a liable entity’s exemption if Division 5A applies.

Note:          Division 5A applies for 2020 and later years. Division 5A may apply in some cases for 2018 and 2019 as well. See regulation 22ZHA.

             (2)  For the purpose of calculating the liable entity’s exemption in respect of the emissions‑intensive trade‑exposed activity, Divisions 2 and 3 of a Part in Schedule 6 set out, respectively:

                     (a)  whether the activity is:

                              (i)  highly emissions‑intensive; or

                             (ii)  moderately emissions‑intensive; and

                     (b)  the electricity baseline for calculating the amount of the liable entity’s exemption in respect of the activity.

             (3)  Subdivision B sets out the method for calculating the amount of the liable entity’s exemption. Subregulation 22ZA(1) contains the formula for the calculation.

             (4)  Subdivision C sets out matters relating to ASP, a factor in the formula.

             (5)  Subdivision D sets out matters relating to G, a factor in the formula.

             (6)  Subdivision E sets out the method for calculating the amount of an exemption where the applicant is a prescribed person because of regulation 22L or 22M.

Subdivision BMethod for calculation

22ZA  Method

             (1)  Subject to subregulation (3) and regulations 22ZF and 22ZG, the method for calculating the amount of the liable entity’s exemption for the year in relation to the emissions‑intensive trade‑exposed activity and site mentioned in the application under subsection 46A(1) of the Act is:

where:

PE is the amount of the liable entity’s exemption measured in megawatt hours.

i represents the liable entity.

a represents the emissions‑intensive trade‑exposed activity carried on at the site and mentioned in the application.

t represents the year to which the application relates and during which the activity is, or is to be, carried on at the site.

EP is the electricity baseline set out in Division 3 of a Part (other than Part 1) in Schedule 6 in respect of the activity.

ASP is the amount or volume of relevant product produced by the activity as determined under Subdivision C.

kat means 100%.

G is an adjustment for the generation or acquisition of electricity (that does not constitute a relevant acquisition) and is worked out under subregulation 22ZE(1) and expressed as a percentage.

             (3)  If a liable entity’s exemption calculated for a year in accordance with subregulation (1) is a negative amount, the entity’s exemption for the year is zero.

             (6)  If there are multiple relevant products for the same emissions‑intensive trade‑exposed activity, the formula in subsection (1) must be applied to each of those products and the result summed to calculate the amount of the exemption.

Subdivision CMatters relating to factor ASP

22ZB  Factor—ASP

             (1)  For the factor ASP in subregulation 22ZA(1), the amount or volume of relevant product for 2010 is the amount or volume:

                     (a)  that:

                              (i)  was produced by the applicant in the financial year commencing on 1 July 2006, 1 July 2007 or 1 July 2008; or

                             (ii)  if no relevant product was produced in any of those financial years—is reasonably likely to be produced in the financial year commencing on 1 July 2009; and

                     (b)  that is set out in the application; and

                     (c)  that the Regulator is, in accordance with regulation 22ZC, satisfied is accurate or is the best estimate of the amount or volume possible in all the circumstances; and

                     (d)  is referrable to the site mentioned in the application.

             (2)  For the factor ASP in subregulation 22ZA(1), the amount or volume relevant product for a year after 2010 is the amount or volume that:

                     (a)  is set out in the application; and

                     (b)  the Regulator is, in accordance with regulation 22ZC, satisfied:

                              (i)  is accurate or the best estimate of the amount or volume possible in all the circumstances; and

                             (ii)  has been correctly calculated using the formula in subregulation (3).

          (2A)  For an application relating to an activity mentioned in Part 51 or 52 of Schedule 6 (production of glass wool or coal char) for the year ending 30 June 2013, the factor ASP in subregulation 22ZA(1) is worked out using the formula in subregulation (3) or using the following formula:

where:

SPia2013 is the amount or volume of the relevant product produced in the financial year ending 30 June 2013 that is referrable to the site mentioned in the application.

             (3)  For subparagraph (2)(b)(ii), the formula is:

where:

SPiatfinprev is, subject to subregulations (4A) and (4B), the amount or volume of the relevant product produced in the financial year that ended 6 months before the year to which the application relates and that is referrable to the site mentioned in the application.

EASPiatfincurr is the new or expected additional production (within the meaning of subregulation 22ZD(1)) for:

                     (a)  the liable entity; and

                     (b)  the site that meets:

                              (i)  for a new entrant—1 of the criteria specified in subregulation 22ZD(3); or

                             (ii)  for a significant expansion—the criteria specified in regulation 22ZD (4).

STiatfincurr is, subject to subregulation (4), the adjustment for the previous financial year’s production, worked out using the formula:

where:

SPiatfinprev is, subject to subregulations (4A) and (4B), the amount or volume of the relevant product produced in the financial year that ended 6 months before the year to which the application relates and that is referrable to the site mentioned in the application.

SPiatfinprev‑1 is, subject to subregulation (5), the amount or volume of the relevant product produced in the financial year that began 30 months before the year to which the application relates and that is referrable to the site mentioned in the application.

EASPiatfinprev is the amount or volume that related to expected production for the relevant site in the financial year that began 18 months before the year to which the application relates and was referrable to the site mentioned in the application.

             (4)  In subregulation (3), the factor STiatfincurr is 0 in relation to a site:

                     (a)  that meets the new entrant criteria specified in subregulation 22ZD(3); or

                     (b)  in respect of which no exemption certificate was issued in the year preceding the application for the emissions‑intensive trade‑exposed activity and site to which the application relates.

          (4A)  For the activity of petroleum refining, the factor SPiatfinprev in subregulation (3) is 0 in relation to a site:

                     (a)  that meets the new entrant site criteria specified in subregulation 22ZD(3); and

                     (b)  for which the combined volume of diesel, jet fuel, unleaded petrol, lubricant base stocks and bitumen, at 15 °C and 1 atmosphere, that is produced from stabilised crude petroleum oil, condensate, tallow, vegetable oil and eligible petroleum feedstocks is less than 75% of the total kilolitres of those substances used in the financial year that ended 18 months before the year to which the application relates.

          (4B)  For the activity of integrated iron and steel manufacturing, the factor SPiatfinprev in subregulation (3) is 0 in relation to a site:

                     (a)  that meets the new entrant site criteria specified in subregulation 22ZD(3); and

                     (b)  for which, in the financial year that ended 18 months before the year to which the application relates, the percentage of cold ferrous feed transformed into 1 or more of the items in subparagraphs 656(1)(e)(i) to (iii) of Schedule 6, as a portion of molten iron and cold ferrous feed, was greater than 30%.

             (5)  For the 2011 year, in the formula for STiatfincurr in subregulation (3), factor SPiatfinprev‑1 is the amount or volume of relevant product that was set out in the application for 2010.

22ZC  Regulator must be satisfied about amount or volume

             (1)  For paragraph 22ZB(1)(c), the Regulator must be satisfied that the amount or volume is accurate or the best estimate of the relevant amount or volume possible in all the circumstances.

             (2)  For paragraph 22ZB(2)(b), the Regulator must be satisfied that the amount or volume:

                     (a)  is accurate or the best estimate of the relevant amount or volume possible in all the circumstances; and

                     (b)  correctly calculated under subregulation 22ZB(3).

             (3)  Under subregulations (1) and (2), the Regulator must be so satisfied in relation to:

                     (a)  the year to which the application relates; and

                     (b)  the liable entity that is the subject of the application; and

                     (c)  the period during which the emissions‑intensive trade‑exposed activity is carried on; and

                     (d)  the site that is mentioned in the application.

             (4)  The Regulator must, when deciding under subregulation (1) or (2), have regard to the following:

                     (a)  if the amount or volume relates to an amount or volume previously given to the Department of Climate Change and Energy Efficiency for:

                              (i)  the assessment of whether the activity should be an emissions‑intensive trade‑exposed activity; and

                             (ii)  the determination of the electricity baseline for each relevant product of the activity;

the amount or volume and any related audit report provided with it;

                     (b)  if the application relates to 2013 or 2014—the considerations that applied under the Jobs and Competitiveness Program in relation to an application for free carbon units in respect of an equivalent amount or volume of relevant product;

                   (ba)  if the application relates to 2015—the considerations that apply under the modified JCP in relation to a reportable application for free carbon units in respect of an equivalent amount or volume of relevant product;

                     (c)  if the application relates to 2016 or a later year—the following matters in relation to the measurement of an amount or volume of relevant product:

                              (i)  any relevant requirements imposed by or under the National Measurement Act 1960;

                             (ii)  the way in which the amount or volume of relevant product is measured by the industry;

                            (iii)  accredited industry test methods for measuring the amount or volume of relevant product;

                            (iv)  whether the measurement of the amount or volume of the relevant product is frequent enough to produce data that is representative and unbiased;

                             (v)  the risk of the relevant product not satisfying the qualities required by Schedule 6;

                            (vi)  the administrative costs in implementing more accurate testing methods for measuring the amount or volume of relevant product at the site;

                     (d)  any other relevant matter.

             (5)  In this regulation:

modified JCP has the meaning given by subsection 3(2) of the Clean Energy Legislation (Carbon Tax Repeal) (Jobs and Competitiveness Program) Rules 2014.

reportable application has the meaning given by subsection 3(2) of the Clean Energy Legislation (Carbon Tax Repeal) (Jobs and Competitiveness Program) Rules 2014.

22ZD  Factor—EASPiatfincurr

New or expected additional production

             (1)  For the factor EASPiatfincurr in subregulation 22ZB(3), new or expected additional production is, if the site meets the criteria for a new entrant, the amount or volume of relevant product that is reasonably likely to be produced in the financial year that began six months before the year to which the application relates and that is referrable to that site.

             (2)  For the factor EASPiatfincurr in subregulation 22ZB(3), new or expected additional production is, if the site meets the criteria for a significant expansion, the amount or volume of the relevant product that:

                     (a)  is reasonably likely to be produced in the financial year that began six months before the year to which the application relates; and

                     (b)  exceeds the amount of the production of the relevant product produced in the previous financial year; and

                     (c)  is referrable to that site.

Criteria for new entrant site

             (3)  For subparagraph (b)(i) of the factor EASPiatfincurr in subregulation 22ZB(3), the specified criteria are:

                     (a)  the emissions‑intensive trade‑exposed activity mentioned in the application in relation to the site has not been carried on at that site in the financial year that began 18 months before the year to which the application relates; or

                     (b)  all of the following:

                              (i)  the emissions‑intensive trade‑exposed activity mentioned in the application in relation to the site was carried on for the first time at that site in the financial year that began 18 months before the year to which the application relates;

                             (ii)  no application for an exemption certificate was made in relation to the carrying on of that activity at that site for the previous year; or

                     (c)  all of the following:

                              (i)  the emissions‑intensive trade‑exposed activity mentioned in the application in relation to the site commenced to be carried on again at the site in the financial year that began 18 months before the year to which the application relates after a period of more than 12 months during which the activity was not carried on at the site;

                             (ii)  no application for an exemption certificate was made in relation to the carrying on of that activity at that site for the previous year.

Criteria for significant expansion site

             (4)  For subparagraph (b)(ii) of the factor EASPiatfincurr in subregulation 22ZB(3), the specified criteria are:

                     (a)  an emissions‑intensive trade‑exposed activity was carried on at the site in the year preceding the year to which the application relates; and

                     (b)  equipment has been installed, or is to be installed, at the site to carry on the activity; and

                     (c)  the equipment has not previously been taken into account under these Regulations in relation to the significant expansion of a site; and

                     (d)  for equipment that has been installed—the equipment was first fully installed at the site not more than 4 and a half years before the start of the year to which the application relates; and

                     (e)  for equipment that is to be installed—the equipment is expected to be installed, or substantially installed, within 6 months after the end of the year to which the application relates; and

                      (f)  after the equipment is commissioned, and any existing equipment that is to be decommissioned has been decommissioned, the maximum productive capacity of the equipment used to produce the relevant product will be more than 20% greater than the maximum productive capacity of the equipment that existed before the installation.

             (5)  In paragraph (4)(f), a reference to the equipment that existed before the installation does not include decommissioned equipment that exists at the site and that:

                     (a)  has not been used since the equipment was installed; and

                     (b)  is not proposed to be used for at least 12 months after the application year.

             (6)  In subregulation (4), equipment means equipment that is used, or is to be used, to carry on an emission‑intensive trade‑exposed activity, including the following:

                     (a)  an apparatus;

                     (b)  an appliance;

                     (c)  a boiler;

                     (d)  a chimney;

                     (e)  a crane;

                      (f)  a device;

                     (g)  a dredge;

                     (h)  a dryer;

                      (i)  an electrolytic cell;

                      (j)  an engine;

                     (k)  a furnace;

                      (l)  a generator;

                    (m)  an incinerator;

                     (n)  an instrument;

                     (o)  a kiln;

                     (p)  a machine;

                     (q)  an oven;

                      (r)  plant;

                      (s)  a retort;

                      (t)  a structure;

                     (u)  a tool.

Subdivision DMatters relating to factor G

22ZE  Factor—G

             (1)  For subregulation 22ZA(1), G is worked out using the following formula:

where:

ECiatfinprev is:

                     (a)  for a site that does not meet the criteria specified in subregulation 22ZD(3) for a new entrant—the amount of electricity (measured in MWh) that is consumed at the site at which the activity occurs in the financial year that ended 6 months before the year to which the application relates; or

                     (b)  for a site that meets the criteria specified in subregulation 22ZD(3) for a new entrant—the amount of electricity (measured in MWh) that is reasonably likely to be consumed at the site in the financial year that began 6 months before the year to which the application relates.

EGiatfinprev is:

                     (a)  for a site that does not meet the criteria specified in subregulation 22ZD(3) for a new entrant—the sum of the following amounts of electricity (measured in MWh) for the financial year that ended 6 months before the year to which the application relates:

                              (i)  the amount of electricity generated and consumed at the site for which there is no relevant acquisition;

                             (ii)  the amount of electricity delivered to the site for which no relevant acquisition occurs between the point of generation and the point of use; or

                     (b)  for a site that meets the criteria specified in subregulation 22ZD(3) for a new entrant—the sum of the following amounts of electricity (measured in MWh) for the financial year that began 6 months before the year to which the application relates:

                              (i)  the amount of electricity that is reasonably likely to be generated and consumed at the site for which there is no relevant acquisition;

                             (ii)  the amount of electricity that is reasonably likely to be delivered to the site for which no relevant acquisition occurs between the point of generation and the point of use.

             (2)  For the purposes of working out G using the formula in subregulation (1), electricity generation from an electricity generator with a nameplate rating of less than 1 MW may be disregarded.

Subdivision EMethod for calculation if liable entity changes and new certificate is issued

22ZF  Prescribed method if liable entity changes and new certificate is issued—paragraph 46B(1)(a) of the Act

             (1)  If:

                     (a)  a prescribed person is issued an exemption certificate in relation to the liable entity (the old liable entity) set out in the application made by that person under subsection 46A(1) of the Act; and

                     (b)  during the same year, the prescribed person applies for another exemption certificate in relation to another liable entity (the second liable entity) as a prescribed person mentioned in regulation 22L;

the amount of the second liable entity’s exemption is calculated in accordance with the following formula:

where:

OL is the amount of the exemption, expressed in megawatt hours, set out in the exemption certificate issued in relation to the old liable entity.

D is the number of days in the year for which the second liable entity will be the liable entity in relation to the exemption.

year’s days is the number of days in the year to which the exemption certificates relate.

             (2)  If:

                     (a)  the Regulator issues an exemption certificate mentioned in paragraph (1)(b); and

                     (b)  during the same year, the prescribed person applies for another exemption certificate in relation to another liable entity (the third liable entity) as a prescribed person mentioned in regulation 22L;

the amount of the third liable entity’s exemption is calculated in accordance with the following formula:

where:

OL is the amount of the exemption, expressed in megawatt hours, set out in the exemption certificate issued in relation to the second liable entity.

D is the number of days in the year for which the third liable entity will be the liable entity in relation to the exemption.

OLD is the number of days used as D in subregulation (1).

22ZG  Prescribed method if there is a second liable entity and new certificate is issued—paragraph 46B(1)(a) of the Act

                   If:

                     (a)  a prescribed person is issued an exemption certificate in relation to the liable entity (the first liable entity) set out in the application made by that person under subsection 46A(1) of the Act; and

                     (b)  during the same year, the prescribed person applies for another exemption certificate in relation to another liable entity (the second liable entity) as a prescribed person mentioned in regulation 22M;

the amount of the second liable entity’s exemption is calculated in accordance with the following formula:

where:

OL is the amount of the exemption, expressed in megawatt hours, set out in the exemption certificate issued in relation to the first liable entity.

SL is the reasonable estimate of the expected relevant acquisitions of electricity consumed at the site by the second liable entity in the year to which the exemption relates.

FL is the reasonable estimate of the expected relevant acquisitions of electricity consumed at the site by the first liable entity in the year to which the exemption certificate relates.

Division 5AMethod for working out amount of exemption: electricity use method

22ZHA  Application of this Division

             (1)  This Division applies for the purposes of working out the amount of a liable entity’s exemption, in relation to an emissions‑intensive trade‑exposed activity and a site, for 2020 and later years.

             (2)  This Division also applies for the purposes of working out the amount of a liable entity’s exemption, in relation to an emissions‑intensive trade‑exposed activity and a site, for a year before 2020, if:

                     (a)  the application for the exemption certificate for the year indicates that the applicant chooses for this Division to apply instead of Division 5; or

                     (b)  a previous application for an exemption certificate for the year, in relation to any activity carried on at the site (whether or not made by the same applicant or for the same liable entity) indicated that the applicant chose for this Division to apply instead of Division 5; or

                     (c)  both:

                              (i)  the site is part of an activity group; and

                             (ii)  a previous application for an exemption certificate for the year, in relation to any activity carried on at any site that is part of the activity group (whether or not made by the same applicant or for the same liable entity) indicated that the applicant chose for this Division to apply instead of Division 5; or

                     (d)  the activity was prescribed as an emissions‑intensive trade‑exposed activity within the meaning of these Regulations on or after the day this regulation commenced; or

                     (e)  the year is 2019 and the total electricity consumed at the site in 2018 was more than 2,000 GWh; or

                      (f)  the year is 2019 and the amount of the exemption in an exemption certificate issued for 2018 in relation to any activity carried on at the site was worked out under this Division.

22ZHB  When electricity is consumed in carrying on an activity

                   For the purposes of this Division, electricity is only consumed in carrying on an emissions‑intensive trade‑exposed activity if:

                     (a)  every aspect of the activity as described in Schedule 6 is carried on at the site; or

                     (b)  aspects of the activity are carried on at different sites and all of those sites together constitute an activity group within the meaning of subregulation 22A(9).

22ZHC  Method for working out amount of exemption

             (1)  For the purposes of paragraph 46B(4)(a) of the Act, this regulation prescribes the method for working out, for a liable entity in relation to which an application for an exemption certificate is made, the amount of the liable entity’s exemption for a year, in relation to the emissions‑intensive trade‑exposed activity or activities, and the site, specified in the application.

             (2)  The method is:

                     (a)  unless subregulation (3) applies, to use metering data to identify the amount of electricity consumed at the site in the year that is:

                              (i)  acquired by, or from, the liable entity under a relevant acquisition; and

                             (ii)  consumed in carrying on the activity or activities;

                            (the use amount for the liable entity); and

                     (b)  to adjust the use amount by adding or subtracting an amount to reflect:

                              (i)  any changes to the exemption amount in an exemption certificate (within the meaning of subsection 38B(2) of the Act) in relation to the previous year that resulted from changes to the final settlement data issued by AEMO; and

                             (ii)  any errors in metering data used to identify the exemption amount in an exemption certificate in relation to the previous year; and

                     (c)  if the result is not a whole MWh—to round the result down to the nearest whole MWh.

This is the certifiable amount.

             (3)  If the Regulator is satisfied that metering data is not sufficient, or not appropriate, to identify the use amount for the liable entity, the Regulator may instead determine a formula to be used to identify the use amount for the liable entity.

Note:          The formula may or may not use metering data, as well as having other elements based on data from a site.

             (4)  The metering data used may be:

                     (a)  data for the year; or

                     (b)  if the Regulator is satisfied that a reasonable approximation of the use amount can be obtained by using data for a 12 month period determined by the Regulator that includes at least 3 quarters in the year—data for that 12 month period.

             (5)  In making a decision for the purposes of this regulation, the Regulator’s object must be to choose the most accurate way to identify the use amount for a liable entity, having regard to:

                     (a)  the instrument titled Emissions‑Intensive Trade‑Exposed Activity Boundaries, as existing from time to time; and

                     (b)  the practicalities and costs of giving effect to the method; and

                     (c)  any other matters the Regulator considers relevant.

22ZHD  Notice of certifiable amount

                   As soon as practicable after a certifiable amount is determined in accordance with the method specified or described in an exemption certificate, the Regulator must give written notice of the amount:

                     (a)  to the applicant for the certificate; and

                     (b)  if the applicant consents to the Regulator doing so—to the liable entity to which the certificate relates.

Division 6Form of exemption certificate

22ZI  Prescribed information—paragraph 46B(1)(b) of the Act

                   This Division prescribes information for paragraph 46B(1)(b) of the Act.

22ZJ  Exemption certificate information

                   The following information is prescribed information:

                     (a)  a unique identification number for the certificate as determined by the Regulator;

                     (b)  the name of the person to whom the certificate is issued;

                     (c)  the name of the liable entity to whom the application relates (as referred to in paragraph 46A(1)(b) of the Act);

                     (d)  the site and the emissions‑intensive trade‑exposed activity or activities to which the application relates;

                     (e)  the year to which the application relates;

                      (f)  the date the certificate is issued;

                     (g)  if the amount of the exemption is worked out under Division 5 (production calculation method)—the amount of production that was used in the determination of the liable entity’s exemption for the year in relation to the site and the emissions‑intensive trade‑exposed activity;

                     (h)  if the amount of the exemption is worked out under Division 5 (production calculation method)—the percentage calculated in accordance with subregulation 22ZE(1) and used in the determination of the liable entity’s exemption for the year in relation to the site and the emissions‑intensive trade‑exposed activity;

                   (ha)  if the amount of the exemption is worked out under Division 5A (electricity use method) and the Regulator determines a formula to be used to identify the use amount for the liable entity under subregulation 22ZHC(3)—the formula;

                      (i)  if the certificate has been amended, the date of the amendments and an indication of the amendments made.

Division 7Prescribed period for issuing exemption certificates

22ZK  Prescribed period

                   This Division is made for subsection 46B(2) of the Act.

22ZL  Prescribed period for issuing exemption certificate for 2010 and subsequent years

             (1)  If:

                     (a)  a prescribed person has applied under subsection 46A(1) of the Act in relation to 2010 or a subsequent year; and

                    (aa)  the amount of the exemption is worked out under Division 5 (production calculation method); and

                     (b)  the Regulator did not seek further information in respect of the application;

then the Regulator must issue the exemption certificate:

                     (c)  for 2010—within the period of 60 days after receiving the application; or

                     (d)  for 2011 or a subsequent year—within:

                              (i)  7 days after the small‑scale technology percentage for the year has been prescribed; or

                             (ii)  the period of 60 days after receiving the application;

whichever occurs later.

             (2)  If:

                     (a)  a prescribed person has applied under subsection 46A(1) of the Act in relation to 2010 or a subsequent year; and

                    (aa)  the amount of the exemption is worked out under Division 5 (production calculation method); and

                     (b)  the Regulator did seek further information in respect of the application;

then the Regulator must issue the exemption certificate:

                     (c)  for 2010—within the period of 60 days after receiving the further information; or

                     (d)  for 2011 or a subsequent year—within:

                              (i)  7 days after the small‑scale technology percentage for the year has been prescribed; or

                             (ii)  the period of 60 days after receiving the further information;

whichever occurs later.

             (3)  If a prescribed person has applied under subsection 46A(1) of the Act for an exemption certificate and the amount of the exemption is worked out under Division 5A (electricity use method), the Regulator must issue the exemption certificate within the period of 60 days after the later of:

                     (a)  the day the application was received; or

                     (b)  if the Regulator sought further information in respect of the application—the day the further information was received.

Division 8Amending exemption certificates

Subdivision AAmendment of exemption certificates on application—paragraph 46C(2)(a) of the Act

22ZN  Amendment upon request

             (1)  This regulation prescribes matters for paragraph 46C(2)(a) of the Act.

             (2)  The matters that the Regulator must have regard to are the following:

                     (a)  whether the information in the exemption certificate is inaccurate;

                     (b)  if the amount of the exemption is worked out under Division 5 (production calculation method)—whether the Regulator miscalculated the amount of the exemption given the amount of the relevant product that the Regulator had identified in applying the method prescribed in the regulations to the application under subsection 46A(1) of the Act;

                   (ba)  if the amount of the exemption is worked out under Division 5A (electricity use method)—whether the amendment would result in the certificate better giving effect to the requirements of Division 5A;

                   (bb)  if the amount of the exemption is worked out under Division 5A (electricity use method) and the way the use amount for a liable entity is to be identified is likely to be materially different from the way the use amount is identified in an exemption certificate issued in relation to the liable entity—whether an audit report has been provided under regulation 22UG;

                     (c)  whether the liable entity set out in the exemption certificate has consented in writing to the amendment;

                     (d)  whether the request for an amendment is based upon issues that were considered in the granting of the exemption certificate;

                     (e)  whether the request for an amendment is made before the end of the year to which the exemption certificate relates.

Subdivision BAmendment of exemption certificate on Regulator’s own initiative—subsection 46C(3) of the Act

22ZO  Amendment of exemption certificate—subsection 46A(3) of the Act

                   Each regulation in this Subdivision prescribes a circumstance for the purposes of subsection 46C(3) of the Act.

22ZP  Circumstance—if change of liable entity (regulation 22L applies)

             (1)  If:

                     (a)  an exemption certificate (the first certificate) is issued in relation to a liable entity (the first liable entity) and a year following an application by a prescribed person; and

                     (b)  the prescribed person becomes a prescribed person under regulation 22L; and

                     (c)  the prescribed person makes an application under subsection 46A(1) of the Act in relation to another liable entity (the second liable entity) and the year; and

                     (d)  in issuing another certificate (the second certificate), the Regulator is satisfied that the evidence referred to in paragraphs 22S(1)(b) and (c) evidences the matters stated in those paragraphs;

then the Regulator may amend the first certificate.

             (2)  The amendment must reduce the amount of the first liable entity’s exemption set out in the certificate that is attributable to the activity by the number calculated in accordance with the following formula:

where:

OL is the amount of the exemption set out in the first exemption certificate expressed as megawatt hours.

D is the number of days in the year for which the second liable entity will be the liable entity.

year’s days is the number of days in the year to which the exemption certificates relate.

             (3)  If:

                     (a)  the Regulator amends the first certificate under subregulation (1) and issues another certificate as mentioned in paragraph (1)(d) (the second certificate) in relation to the second liable entity; and

                     (b)  the prescribed person again becomes a prescribed person under regulation 22L; and

                     (c)  the prescribed person makes an application under subsection 46A(1) of the Act in relation to another liable entity (the third liable entity) and the year; and

                     (d)  in issuing another certificate (the third certificate) in respect of the third liable entity, the Regulator is satisfied that the evidence referred to in paragraphs 22S(2)(b) and (c) evidences the matters stated in those paragraphs;

then the Regulator may again, on 1 occasion only, amend the second certificate.

             (4)  The amendment must reduce the amount of the second liable entity’s exemption set out in the certificate that is attributable to the activity by the number calculated in accordance with the following formula:

where:

OL is the amount of the exemption set out in the first exemption certificate expressed as megawatt hours.

D is the number of days in the year for which the third liable entity will be the liable entity in relation to the exemption.

OLD is the number of days used as D in subregulation (2).

22ZPA  Circumstance—if change of liable entity (regulation 22LA applies)

                   If:

                     (a)  an exemption certificate (the first certificate) is issued in relation to a liable entity and a year following an application by a prescribed person; and

                     (b)  the prescribed person becomes a prescribed person under regulation 22LA; and

                     (c)  the prescribed person makes an application under subsection 46A(1) of the Act in relation to another liable entity and the year; and

                     (d)  in issuing another certificate (the second certificate), the Regulator is satisfied that the evidence referred to in paragraphs 22S(3)(b) and (c) evidences the matters stated in those paragraphs;

then the Regulator may amend the first certificate to take account of the issuing of the second certificate.

22ZQ  Circumstances—if there is a second liable entity (regulation 22M applies)

             (1)  If:

                     (a)  an exemption certificate (the first certificate) is issued in relation to a liable entity (the first liable entity) and a year following an application by a prescribed person; and

                     (b)  the prescribed person becomes a prescribed person under regulation 22M; and

                     (c)  the prescribed person makes an application under subsection 46A(1) of the Act in relation to another liable entity (the second liable entity) and the year; and

                     (d)  in issuing another certificate, the Regulator is satisfied that:

                              (i)  the second liable entity is the liable entity in respect of the electricity consumed at the site during the year; and

                             (ii)  the evidence referred to in paragraph 22T(1)(b) evidences the matters stated in those paragraphs;

then the Regulator may amend the first certificate.

             (2)  The amendment must reduce the amount of the first liable entity’s exemption set out in the certificate that is attributable to the activity by the number calculated in accordance with the following formula:

where:

OL is the amount of the exemption, expressed as megawatt hours, set out in the first certificate in relation to the first liable entity.

SL is the reasonable estimate of the expected relevant acquisitions of electricity consumed at the site by the second liable entity in the year to which the exemption relates.

FL is the reasonable estimate of the expected relevant acquisitions of electricity consumed at the site by the first liable entity in the year to which the exemption certificate relates.

22ZQA  Circumstances—if there are multiple liable entities (regulation 22MA applies)

                   If:

                     (a)  one or more exemption certificates (the earlier certificates) have been issued in relation to a liable entity and a year following an application or applications by a prescribed person; and

                     (b)  the prescribed person becomes a prescribed person under regulation 22MA; and

                     (c)  the prescribed person makes an application under subsection 46A(1) of the Act in relation to another liable entity (an added liable entity) and the year; and

                     (d)  in issuing another certificate as a result of the application, the Regulator is satisfied that:

                              (i)  the added liable entity is a liable entity in respect of the electricity consumed at the site during the year; and

                             (ii)  the evidence referred to in paragraph 22T(2)(b) evidences the matters stated in those paragraphs;

then the Regulator may amend an earlier certificate to take account of the issuing of the additional certificate.

22ZR  Circumstance—if activity ceases at site

             (1)  If:

                     (a)  an exemption certificate has been issued in respect of an emissions‑intensive trade‑exposed activity, a site and a year; and

                     (b)  during the year, the Regulator becomes satisfied that:

                              (i)  the activity has not been conducted at the site for a period of at least 3 months; and

                             (ii)  it is unlikely that the activity will be conducted again at the site for at least 9 months from the end of the period mentioned in subparagraph (i); and

then, subject to subregulation (3), the Regulator may amend the certificate.

             (2)  If the amount of the exemption is worked out under Division 5 (production calculation method), the amendment must reduce the amount of the exemption set out in the certificate that is attributable to the activity by the number calculated in accordance with the following formula:

where:

OL is the amount of the exemption set out in the exemption certificate expressed as megawatt hours.

D is the number of days in the year that the activity was not, or is not likely to be, conducted.

year’s days is the number of days in the year to which the exemption certificate relates.

             (3)  The Regulator must not amend the certificate if the certificate has previously been amended under regulation 22ZP because the liable entity set out in the certificate ceased to be a liable entity for the site:

                     (a)  in the circumstances mentioned in paragraph 22L(1)(b) or paragraph 22L(2)(a); and

                     (b)  before the last time during the year when the emissions‑intensive trade‑exposed activity was conducted at the site.

             (4)  If the amount of the exemption is worked out under Division 5A (electricity use method), the amendment must take account of the cessation of the activity at the site.

22ZS  Circumstance—if exemption certificate is inaccurate

             (1)  If:

                     (a)  the Regulator becomes aware that an exemption certificate is inaccurate; and

                     (b)  the Regulator becomes aware during the year to which the certificate relates;

then, subject to subregulation (2), the Regulator may amend the certificate to correct the inaccuracy.

             (2)  The Regulator must not amend the exemption certificate unless the Regulator has, in writing, advised the following persons about the inaccuracy and the proposed correction:

                     (a)  the prescribed person to whom the certificate has been issued;

                     (b)  the liable entity in respect of which the certificate has been issued.

             (3)  Without limiting the circumstances in which an exemption certificate for which the amount of the exemption is worked out under Division 5A may be inaccurate, the certificate is taken to be inaccurate if there has been any change in relation to:

                     (a)  information that formed part of the electricity use method advice (see paragraph 22O(1)(i)); or

                     (b)  any other matter that affected a decision of the Regulator in relation to the certificate under regulation 22ZHC.

Division 8AInformation for exemption certificates

22ZSA  Requirement to give information

                   For paragraph 46D(1)(a) of the Act, the information is information about all of the following:

                     (a)  the emissions of greenhouse gases for the activity;

                     (b)  the electricity used by the activity;

                     (c)  the revenue generated by the activity.

Division 9Record keeping

22ZT  Records to be kept by persons issued with an exemption certificate

             (1)  For paragraph 160(3A)(b) of the Act, if in relation to an exemption certificate, the percentage calculated in accordance with subregulation 22ZE(1) is less than 100%, the following matters are prescribed:

                     (a)  the amount of the electricity consumed at the site during the financial year that started 6 months before the year to which the exemption relates;

                     (b)  the amount of electricity generated and consumed, at the site for which there is no relevant acquisition of electricity during that financial year;

                     (c)  the amount of electricity delivered to the site for which no relevant acquisition occurs between the point of generation and the point of use.

             (2)  This regulation does not apply in relation to an exemption certificate if the amount of the exemption is worked out under Division 5A (electricity use method).

Part 4Renewable energy shortfall charge

Division 1Liability to charge—small‑scale technology shortfall charge

22ZU  Prescribed percentage

                   For subsection 38AF(7) of the Act, the prescribed percentage is 10%.

22ZV  Energy acquisition statement lodged—requirements for Regulator exercising powers or functions

             (1)  This regulation is made for subsection 38AF(9) of the Act and sets out the requirements the Regulator must comply with when exercising his or her functions or powers under section 38AF of the Act.

             (2)  If the Regulator is satisfied that the proposed amount specified in the liable entity’s application is the best estimate of the liable entity’s reduced acquisitions for the assessment year, the Regulator must determine that amount under paragraph 38AF(3)(a) of the Act.

             (3)  If the Regulator is not satisfied as mentioned in subregulation (2), the Regulator must, subject to subsection 38AF(5) of the Act, determine an amount that is the Regulator’s best estimate of the liable entity’s reduced acquisitions for the assessment year.

22ZW  No energy acquisition statement lodged—requirements for Regulator exercising powers or functions

             (1)  This regulation is made for subsection 38AG(8) of the Act and sets out the requirements the Regulator must comply with when exercising his or her functions or powers under section 38AG of the Act.

             (2)  If the Regulator is satisfied that the proposed amount for a quarter specified in the liable entity’s application is the best estimate of 4 times the liable entity’s reduced acquisitions for the relevant quarter, the Regulator must determine that amount for the relevant quarter under paragraph 38AG(3)(a) of the Act.

             (3)  If the Regulator is not satisfied as mentioned in subregulation (2), the Regulator must, subject to subsection 38AG(5) of the Act, determine an amount that is the Regulator’s best estimate of 4 times the liable entity’s reduced acquisitions for the relevant quarter.

             (4)  In making a decision under subregulation (2) or (3), the Regulator must deduct, on a pro‑rata basis, the estimated total amount of exemptions for the assessment year from each quarter’s relevant acquisitions.

22ZX  Applications under section 38AF of Act

             (1)  This regulation is made for section 38AI of the Act and sets out the information that must be included in an application under section 38AF of the Act by a liable entity.

             (2)  The application must:

                     (a)  set out the liable entity’s reasons for choosing the proposed amount; and

                     (b)  include a written statement from a person with responsibility for the liable entity’s compliance with the Act that the proposed amount is the person’s best estimate of the amount of the liable entity’s reduced acquisitions for the year at the time of the application; and

                     (c)  set out an estimate of the amount of relevant acquisitions made by the liable entity in the year before the day of the application; and

                     (d)  set out any factors of which the liable entity is aware that could result in the amount of the liable entity’s reduced acquisitions being more, or less, than the proposed amount; and

                     (e)  if the application is made before 1 April in the assessment year—set out the estimated amount of the liable entity’s previous year’s reduced acquisitions that would apply if the Regulator did not make a determination under section 38AF of the Act; and

                      (f)  if the application is made after 1 April in the assessment year—set out the amount of the liable entity’s previous year’s reduced acquisitions that would apply if the Regulator did not make a determination under section 38AF of the Act.

22ZY  Applications under section 38AG of Act

             (1)  This regulation is made for section 38AI of the Act and sets out the information that must be included in an application under section 38AG of the Act by a liable entity.

             (2)  The application must:

                     (a)  set out the liable entity’s reasons for choosing the proposed amount; and

                     (b)  include a written statement from a person with responsibility for the liable entity’s compliance with the Act that, subject to subregulation (3), the proposed amount is the person’s best estimate of 4 times the amount of the liable entity’s reduced acquisitions for a relevant quarter at the time of the application; and

                     (c)  set out an estimate of the amount of the relevant acquisitions made by the entity in the year before the day of the application; and

                     (d)  specify whether there is any quarter in which the liable entity has not, or is not likely to, make any relevant acquisitions; and

                     (e)  set out any factors of which the liable entity is aware that could result in the amount of the liable entity’s reduced acquisitions being more, or less, than the proposed amount for a quarter.

             (3)  For paragraph (2)(b), the person is to assume that the total amount of exemptions are allocated on a pro‑rata basis for the estimated amount of relevant acquisitions for the year.

Division 2Large‑scale generation shortfall charge

23  Renewable power percentage

                   For subsection 39(1) of the Act, the renewable power percentage is the following:

                     (a)  for 2001—0.24%;

                     (b)  for 2002—0.62%;

                     (c)  for 2003—0.88%;

                     (d)  for 2004—1.25%;

                     (e)  for 2005—1.64%;

                      (f)  for 2006—2.17%;

                     (g)  for 2007—2.70%;

                     (h)  for 2008—3.14%;

                      (i)  for 2009—3.64%;

                      (j)  for 2010—5.98%;

                     (k)  for 2011—5.62%;

                      (l)  for 2012—9.15%;

                    (m)  for 2013—10.65%;

                     (n)  for 2014—9.87%;

                     (o)  for 2015—11.11%;

                     (p)  for 2016—12.75%;

                     (q)  for 2017—14.22%;

                      (r)  for 2018—16.06%;

                      (s)  for 2019—18.60%.

Division 3Small‑scale technology shortfall charge

23A  Small‑scale technology percentage

                   For subsection 40A(1) of the Act, the small‑scale technology percentage is the following:

                     (a)  for 2011—14.80%;

                     (b)  for 2012—23.96%;

                     (c)  for 2013—19.70%;

                     (d)  for 2014—10.48%;

                     (e)  for 2015—11.71%;

                      (f)  for 2016—9.68%;

                     (g)  for 2017—7.01%;

                     (h)  for 2018—17.08%;

                      (i)  for 2019—21.73%.

Part 5Statements and assessments

  

24  Annual energy acquisition statements

             (1)  For paragraph 44(2)(f) of the Act, an energy acquisition statement must set out the following information:

                     (a)  the year to which the statement applies;

                     (b)  the date of the statement;

                     (c)  whether the liable entity must lodge a renewable energy shortfall statement for the year;

                     (d)  how any small‑scale technology shortfalls and large‑scale generation shortfalls were calculated;

                     (e)  the telephone number, fax number and email address (if any) of the liable entity;

                      (f)  any large‑scale generation shortfall charge refund owing under section 98 of the Act;

                     (g)  any changes to information already given to the Regulator about the following matters for the liable entity:

                              (i)  ownership;

                             (ii)  company mergers;

                            (iii)  street address, telephone number, fax number and email address (if any);

                            (iv)  electricity supply arrangements;

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

                      (i)  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 AEMO or IMO).

Note:          For other information that must also be included in the statement, see subsection 44(2) of the Act.

             (2)  For paragraph 44(6)(b) of the Act, an energy acquisition statement must be lodged with the Regulator:

                     (a)  electronically; or

                     (b)  in exceptional circumstances—by post.

             (3)  For paragraph (2)(b), exceptional circumstances means a circumstance that makes electronic lodgement not reasonably possible.

Examples:      Major natural disaster or other large‑scale emergency.

24A  Surrender of small‑scale technology certificates

                   For subparagraph 45(1)(a)(ii) of the Act, the notice must be lodged electronically in the register of small‑scale technology certificates.

24B  Surrender of additional certificates

                   For paragraph 45C(2)(c) of the Act, the additional surrender notice must be lodged electronically in the register of large‑scale generation certificates or the register of small‑scale technology certificates, as the case requires.

25  Annual large‑scale generation shortfall statements

             (1)  For paragraph 46(3)(e) of the Act, an annual large‑scale generation shortfall statement must set out the following information:

                     (a)  the year to which the statement applies;

                     (b)  the telephone number, fax number and email address (if any) of the liable entity;

                     (c)  how any large‑scale generation shortfall charge was worked out;

                     (d)  any adjustments to the information set out in a large‑scale generation shortfall statement lodged in a previous year (for example, changes to the statement resulting from changes to the final settlement data issued by AEMO or IMO).

Note:          For other information that must also be included in the statement, see subsection 46(3) of the Act.

             (2)  For paragraph 46(6)(b) of the Act, a large‑scale generation shortfall statement must be lodged with the Regulator:

                     (a)  electronically; or

                     (b)  in exceptional circumstances—by post.

             (3)  For paragraph (2)(b), exceptional circumstances means a circumstance that makes electronic lodgement not reasonably possible.

Examples:      Major natural disaster or other large‑scale emergency.

25A  Annual small‑scale technology shortfall statements

             (1)  For paragraph 46(5)(d) of the Act, an annual small‑scale technology shortfall statement must set out the following information:

                     (a)  the year to which the statement applies;

                     (b)  the telephone number, fax number and email address (if any) of the liable entity;

                     (c)  how the small‑scale technology shortfall charge was worked out;

                     (d)  any adjustments to the information set out in a small‑scale technology shortfall statement lodged in a previous year (for example, changes to the statement resulting from changes to the final settlement data issued by AEMO or IMO).

Note:          For other information that must also be included in the statement, see subsection 46(5) of the Act.

             (2)  For paragraph 46(6)(b) of the Act, a small‑scale technology shortfall statement must be lodged with the Regulator:

                     (a)  electronically; or

                     (b)  in exceptional circumstances—by post.

             (3)  For paragraph (2)(b), exceptional circumstances means a circumstance that makes electronic lodgement not reasonably possible.

Examples:      Major natural disaster or other large‑scale emergency.

Part 6Administration

  

26  Seizing and disposing of property

             (1)  For subsection 94(2) of the Act, this regulation sets how an authorised person may seize and dispose of the property of a deceased person.

             (2)  After property is seized, the authorised person must keep it secure until the authorised person disposes of it.

             (3)  On a sale of land under this regulation, the authorised person must comply with the law of the State or Territory where the land is situated for the transfer of title to land.

             (4)  The authorised person may sell as much of the property that is seized as will, in the opinion of the authorised person, be sufficient to raise the amount mentioned in subsection 94(1) of the Act.

             (5)  A sale of seized property must take place as soon as possible after the property is seized.

             (6)  After the authorised person sells seized property, he or she:

                     (a)  may keep the reasonable costs incurred by him or her; and

                     (b)  must give any remaining amount to the Regulator.

             (7)  The authorised person must tell the Regulator if the sale of all available property of the deceased person raises less than the amount mentioned in subsection 94(1) of the Act.

27  Identity cards for authorised officers

                   For subsection 108(1) of the Act, an identity card must include:

                     (a)  the signature of the authorised officer; and

                     (b)  the name and office of the authorised officer; and

                     (c)  the date the card expires; and

                     (d)  any other information that may be necessary to indicate that the officer is authorised to exercise powers or to perform functions under the Act.

28  Fees

             (1)  For paragraph 10(2)(d) of the Act:

                     (a)  the fee for an application for registration is $20; and

                     (b)  the fee for an application for registration as a person to whom certificates may be assigned under subsection 23(2) or 23C(2) of the Act is $250.

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

 

Item

Generator

1997 eligible renewable power baseline type

Fee

1

< 10 kW, small generation unit or solar water heater for which the right to create certificates is not assigned under subsection 23(2) or 23C(2) of the Act

Any baseline

$20

2

< 10MW, other than small generation unit or solar water heater to which item 1 applies

(a) default or nil baseline

$50

(b) special baseline with data

$150

(c) special baseline without required data (modelling required)

$250

3

≥ 10 MW, ≤ 25 MW

(a) default or nil baseline

$200

(b) special baseline with data

$500

(c) special baseline without required data (modelling required)

$1 000

4

> 25 MW

(a) default or nil baseline

$1 000

(b) special baseline with data

$1 700

(c) special baseline without required data (modelling required)

$3 000

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

                     (a)  for a small‑scale technology certificate created on or after 17 October 2011 for a small generation unit:

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

                             (ii)  for the 251st certificate registered—$117.97;

                            (iii)  for each certificate registered after the 251st certificate—47 cents; and

                     (b)  for any other certificate:

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

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

                            (iii)  for each certificate registered after the 251st certificate—8 cents.

             (4)  For subsection 45E(1) of the Act, the fee for the surrender of a certificate under Subdivision A of Division 1 of Part 5 of the Act is 8 cents.

             (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%.

Note:          For the meaning of certificate value, see section 96 of the Act.

Part 7Inspections of small generation units

Division 1General

29  Purpose of Part

             (1)  The purpose of this Part is to establish a scheme for the inspection of small generation units for which renewable energy certificates have been created.

             (2)  This Part is made for section 23AAA of the Act.

30  General requirements for inspections

             (1)  The Regulator must ensure that each year a statistically significant selection of small generation units that were installed during the year are inspected under this Part for conformance with:

                     (a)  Australian standards; and

                     (b)  other standards or requirements relevant to the creation of certificates in relation to the installed small generation unit.

             (2)  The Regulator must ensure that an inspection under this Part is carried out by a person or organisation who:

                     (a)  is independent of the person or organisation who designed and/or installed the small generation unit; and

                     (b)  does not have a conflict of interest in relation to the small generation unit or administration of the matters being inspected.

31  Part 7 not to limit other inspections

                   Nothing in regulation 30 prevents small generation units for which certificates have been created from:

                     (a)  being inspected under this Part at any time that the Regulator considers it is appropriate or necessary to do so; or

                     (b)  being inspected as part of an audit under Part 11 of the Act.

32  Publication of inspections

             (1)  The Regulator must, for each year, publish on the Regulator’s website the number of inspections conducted under this Part during the year.

             (2)  The Regulator may also publish any other general information about inspections that the Regulator considers appropriate.

Division 2Appointment of inspectors

33  Appointment of inspectors

             (1)  The Regulator may, in writing, appoint a person to be an inspector for this Part.

             (2)  The Regulator is not to appoint a person as an inspector unless the Regulator is satisfied that the person:

                     (a)  is of sufficient maturity, and has had sufficient training, to properly exercise the powers of an inspector; and

                     (b)  holds an unrestricted licence for electrical work under the laws of a State or Territory; and

                     (c)  has sufficient expertise in matters arising under the Act and these Regulations in relation to small generation units in order to critically examine the requirements in regulation 39 and to prepare a report under regulation 42; and

                     (d)  is of good repute, having regard to the person’s character, honesty and integrity.

             (3)  In exercising a power or performing a function as an inspector, an inspector must comply with any directions of the Regulator.

Note:          Part 12 of the Act and section 70 of the Crimes Act 1914 apply to inspectors appointed under this regulation.

34  Identity cards

             (1)  The Regulator must issue an identity card to an inspector.

             (2)  An identity card must include:

                     (a)  the signature of the inspector; and

                     (b)  the name of the inspector; and

                     (c)  the date the card expires; and

                     (d)  any other information that may be necessary to indicate that the inspector is authorised to exercise powers or to perform functions under this Part.

             (3)  An inspector must carry the identity card at all times when exercising powers or performing functions as an inspector.

35  Offence for not returning identity card

                   A person commits an offence if:

                     (a)  the person has been issued with an identity card; and

                     (b)  the person ceases to be an inspector; and

                     (c)  the person does not, immediately upon so ceasing, return the identity card to the Regulator.

Penalty:  1 penalty unit.

36  Inspector must not have conflict of interest

                   A person commits an offence if:

                     (a)  the person is an inspector; and

                     (b)  the person conducts an inspection of a small generation unit under this Part; and

                     (c)  at the time of the inspection, the person:

                              (i)  is not independent of the person or organisation who designed and/or installed the small generation unit; or

                             (ii)  has a conflict of interest in relation to the small generation unit or administration of the matters being inspected.

Penalty:  5 penalty units.

Division 3Powers of inspectors

37  Entry to premises

             (1)  For the purpose of conducting an inspection under this Part, an inspector may:

                     (a)  at any reasonable time of the day, enter any premises on which a small generation unit has been installed; and

                     (b)  conduct an inspection of the unit and premises in order to determine if the requirements in regulation 39 have been satisfied.

             (2)  An inspector is not authorised to enter premises under subregulation (1) unless:

                     (a)  the inspector has, at least 24 hours before the proposed inspection, contacted the occupier of the premises and arranged a time for the inspection; and

                     (b)  the occupier has consented to the entry at that time; and

                     (c)  the inspector has shown his or her identity card to the occupier or a person who represents the occupier; and

                     (d)  before undertaking the inspection, the inspector has explained the purpose and scope of the inspection to the occupier or a person who represents the occupier.

38  Consent

             (1)  Before obtaining the consent of an occupier for paragraph 37(2)(b), the inspector must inform the occupier that he or she may refuse consent.

             (2)  An entry of an inspector by virtue of the consent of the occupier is not lawful unless the occupier voluntarily consented to the entry.

39  Matters for inspection

                   In conducting an inspection under this Part, the inspector is to determine whether there is material or pervasive evidence that the following requirements in relation to the small generation unit being inspected have not been satisfied:

                     (a)  the unit is installed at the address specified in the application to create certificates and is able to produce and deliver electricity;

                     (b)  the unit is a small generation unit within the meaning of subregulation 3(2);

                     (c)  all State or Territory, and local, government requirements have been satisfied for:

                              (i)  the siting of the unit; and

                             (ii)  if the unit is attached to a building or structure—attachment of the unit to the building or structure; and

                            (iii)  if the unit is grid‑connected—the grid connection of the unit;

                     (d)  the installation of the unit complies with the following standards, as in force at the time the unit was installed:

                              (i)  AS/NZS 3000, Electrical installations;

                             (ii)  AS/NZS 1768, Lightning protection;

                            (iii)  if the unit is an on‑grid system—AS 4777, Grid connection of energy systems via inverters;

                            (iv)  if the unit is solar (photovoltaic) system—AS/NZS 5033, Installation of photovoltaic (PV) arrays and AS/NZS 1170.2, Structural design actions, Part 2: Wind actions;

                             (v)  if the unit is an off‑grid solar (photovoltaic) system or a wind system—AS/NZS 4509.1, Stand alone power systems, Part 1: Safety and installation and AS 4086.2, Secondary batteries for use with stand‑alone power systems, Part 2: Installation and maintenance;

                            (vi)  if the unit is a wind system—AS/NZS 1170.2, Structural design actions, Part 2: Wind actions;

                     (e)  the statements and documentation mentioned in subregulation 20AC(5) for the unit have been obtained;

                      (f)  if the unit is a solar (photovoltaic) system—the person entitled to create the certificates for the unit obtained:

                              (i)  a written statement by the installer of the unit that the installer has at the time of the installation used a model of a photovoltaic module listed in AS/NZS 5033, Compliant PV Modules, as in force from time to time; and

                             (ii)  if the system uses an inverter—a written statement by the installer of the unit that the installer has at the time of the installation used a model of grid‑connect inverter listed in Tested and Approved Grid Connected Inverters, as in force from time to time;

                     (g)  if the certificates created for the unit were multiplied under regulation 20AA—the circumstances in subregulation 20AA(3) apply to the multiplication of the certificates;

                     (h)  if subregulation 20(2C) or (2E) applies to the unit—the unit is an off‑grid small generation unit.

Note for subparagraphs (f)(i) and (ii):      These documents are available at www.cleanenergycouncil.org.au.

40  Conduct of inspection

             (1)  In conducting an inspection of a small generation unit under this Part, an inspector:

                     (a)  may examine and test the unit and any wiring or equipment associated with the unit; and

                     (b)  may take photographs of anything on the premises relevant to the inspection; and

                     (c)  may make a video recording of the inspection; and

                     (d)  may request the occupier to answer any questions related to:

                              (i)  the design or installation of a small generation unit at the premises; and

                             (ii)  the creation of certificates for the unit; and

                     (e)  may do anything incidental to the matters mentioned in paragraphs (a) to (d); and

                      (f)  must comply with:

                              (i)  any requirements or conditions of the inspector’s electrical licence; or

                             (ii)  the law of the State or Territory where the unit is located.

             (2)  A person is not required to answer any questions asked by an inspector under paragraph (1)(e).

             (3)  The inspector must leave the premises if the occupier asks the inspector to do so.

             (4)  The occupier, or a person who represents the occupier, is entitled to observe the inspection being carried out.

41  Dealing with imminent safety risks

             (1)  If, during an inspection, the inspector considers that there is an imminent safety risk to a person or to property from a small generation unit on the premises, the inspector must immediately notify all interested parties of the extent and nature of the safety risk.

             (2)  In determining if there is an imminent safety risk to a person or property, the inspector must take into account any guidelines issued by the Regulator.

             (3)  The inspector must, after notifying the Regulator, comply with any directions given to the inspector by the Regulator.

             (4)  The inspector must notify the relevant State or Territory Regulator by telephone and must, as soon as practicable after the telephone notification, confirm the notification by email or other electronic communication.

             (5)  In this regulation:

Building Code of Australia means the publication known as the Building Code of Australia, published by the Australian Building Codes Board, as in force from time to time.

interested parties means the following:

                     (a)  the occupier;

                     (b)  the Regulator;

                     (c)  the relevant State or Territory Regulator;

                     (d)  the relevant distribution network service provider.

relevant distribution network service provider, for a State or Territory, means a person who engages in the activity of owning, controlling or operating an electricity distribution system in the State or Territory.

relevant State or Territory Regulator, for a State or Territory, means:

                     (a)  for matters relating to electrical work—the State or Territory agency responsible for the administration or enforcement of safety standards for electrical work in the State or Territory; and

                     (b)  for matters relating to the design and construction of buildings and structures—the State or Territory agency responsible for the administration or enforcement of the Building Code of Australia in its application to the State or Territory.

Division 4Reports

42  Inspector to prepare a report

             (1)  Upon completion of an inspection, the inspector must prepare a written report that complies with this regulation.

             (2)  The report must be in the form approved by the Regulator.

             (3)  The report must include one of the following conclusions about the design and installation of the small generation unit inspected by the inspector:

                     (a)  a conclusion that the inspection found no material or pervasive evidence that one or more of the requirements in regulation 39 were not satisfied;

                     (b)  a conclusion that the inspection found material or pervasive evidence that one or more of the requirements in regulation 39 were not satisfied and the non‑compliance presents an imminent risk to the safe operation of the small generation unit;

                     (c)  a conclusion that the inspection found material or pervasive evidence that one or more of the requirements in regulation 39 were not satisfied but the non‑compliance does not present an imminent risk to the safe operation of the small generation unit.

             (4)  The report must also include:

                     (a)  a brief summary of how the inspection was conducted; and

                     (b)  a recommendation as to the steps that should be taken to rectify any problems discovered during the inspection and, in particular, how to ensure that any safety or operational problems discovered can be rectified; and

                     (c)  any other information required by the Regulator.

43  Procedural fairness

             (1)  If the report is likely to contain an adverse finding in relation to a person who designed or installed the small generation unit or who created certificates for the unit, the inspector must provide a copy of the finding to the person before finalising the report.

             (2)  The inspector must:

                     (a)  allow the person a reasonable opportunity to comment on the proposed adverse finding; and

                     (b)  take account of any comments provided by the person when finalising the report.

44  Copy of final report to be provided to interested parties

             (1)  The Regulator must provide a copy of the inspector’s final report for a small generation unit at particular premises to the following persons:

                     (a)  the owner of the unit;

                     (b)  the occupier of the premises;

                     (c)  the person who created certificates for the unit;

                     (d)  the designer of the unit;

                     (e)  the installer of the unit.

             (2)  If a person mentioned in a paragraph in subregulation (1) is the same person mentioned in another paragraph of subregulation (1), the Regulator is only required to provide the person with 1 copy of the report.

45  Copy of report to be provided to Clean Energy Council

                   If the final report contains a conclusion that there is material or pervasive evidence that one or more of the requirements in paragraphs 39(c) to (f) have not been satisfied in relation to the design and installation of a small generation unit, the Regulator must provide a copy of the report to the Clean Energy Council.

46  Copy of report to be provided to relevant State or Territory Regulators

             (1)  If the final report contains a conclusion that there is material or pervasive evidence that one or more of the requirements in paragraphs 39(c) and (d) have not been satisfied in relation to the design and installation of a small generation unit, the Regulator must provide a copy of the report to the relevant State or Territory Regulator.

             (2)  In this regulation:

Building Code of Australia means the publication known as the Building Code of Australia, published by the Australian Building Codes Board, as in force from time to time.

relevant State or Territory Regulator, for a State or Territory, means:

                     (a)  for matters relating to electrical work—the State or Territory agency responsible for the administration or enforcement of safety standards for electrical work in the State or Territory; and

                     (b)  for matters relating to the design and construction of buildings and structures—the State or Territory agency responsible for the administration or enforcement of the Building Code of Australia in its application to the State or Territory.

47  Regulator may declare person ineligible to design and install small generation units

             (1)  This regulation applies if a person mentioned in paragraph 20AC(2)(a), (b), (c) or (d) is subject to an adverse finding in an inspection report on 3 separate occasions.

             (2)  The Regulator may, in writing, declare that the person is not eligible to design and install small generation units for the purposes of subregulation 20AC(2).

             (3)  A declaration has effect for the period, not exceeding 12 months, specified in the declaration.

             (4)  The Regulator may publish the declaration on the Regulator’s website.

48  Matters to consider before making declaration

             (1)  In deciding whether or not to make a declaration in relation to a person, the Regulator must consider the following matters:

                     (a)  the nature and extent of the adverse finding identified in an inspection report;

                     (b)  the circumstances relating to the adverse finding;

                     (c)  whether the person has rectified the problems surrounding the adverse finding;

                     (d)  the extent to which the person has cooperated with inspectors and the Regulator with respect to the adverse finding;

                     (e)  any other matters the Regulator considers relevant.

             (2)  Before making a declaration, the Regulator must:

                     (a)  allow the person a reasonable opportunity to comment on the proposed declaration; and

                     (b)  take account of any comments provided by the person in relation to the proposed declaration.

Part 8Review

  

49  Review of decisions

             (1)  A person mentioned in column 3 of an item in the following table may request the Regulator to reconsider a decision mentioned in column 2 for that item.

 

Item

Decision

Person

1

Decision under regulation 19BA to determine the number of certificates that may be created for a solar water heater

Manufacturer of the solar water heater

2

Decision under regulation 19BC in relation to a request to make or vary a determination about a solar water heater

Person making the request

2A

Decision under subregulation 22UG(4) to give a notice (requiring application for exemption certificate to be accompanied by audit report)

Person to whom the notice is given

2B

Decision under subregulation 22ZHC(3) to specify a formula in an exemption certificate (identification of use amount for a liable entity)

Applicant for the exemption certificate

3

Decision under subregulation 47(2) to declare that a person is not eligible to design and install small generation units

Person subject to the declaration

             (2)  The request must be:

                     (a)  in writing; and

                     (b)  given to the Regulator not later than 60 days after the decision is made.

             (3)  The Regulator must reconsider the decision and confirm, vary or set aside the decision.

Note:          Section 27A of the Administrative Appeals Tribunal Act 1975 requires the person to be notified of the person’s review rights.

             (4)  If the Regulator does not give written notice of the Regulator’s decision under subregulation (3) to the person within 60 days after the person gives the request to the Regulator:

                     (a)  the Regulator is taken to have made a decision confirming the original decision; and

                     (b)  the Regulator’s decision is taken to have been made immediately after the end of the 60 days.

             (5)  An application may be made to the Administrative Appeals Tribunal for review of a decision of the Regulator under subregulation (3).

Part 9Application and transitional provisions

  

50  Amendments made by the Clean Energy Legislation Amendment (2014 Measures No. 1) Regulation 2014

                   The amendments of these Regulations made by items 16 and 17 of Schedule 1 to the Clean Energy Legislation Amendment (2014 Measures No. 1) Regulation 2014 apply in relation to the following applications for the issue of exemption certificates in respect of the production of coal char:

                     (a)  an application made, but not finally determined, before the commencement of this regulation;

                     (b)  an application made on or after the commencement of this regulation.

51  Amendments made by the Renewable Energy (Electricity) Amendment (Exemptions for EITE Activities) Regulation 2015

Application—partial exemptions for 2014 and earlier years

             (1)  Despite the amendments made by the amending regulation, these regulations, as in force immediately before the commencement of the amending regulation, continue to apply in relation to partial exemptions (and partial exemption certificates) for 2014 and earlier years.

Transitional—exemption certificates

             (2)  Subregulation 3 applies if, before the commencement of the amending regulation, a partial exemption amount (the exemption amount) for 2015:

                     (a)  is calculated in accordance with the formula in subregulation 22ZF(1) or (2) or regulation 22ZG; or

                     (b)  is reduced in accordance with the formula in subregulation 22ZP(2) or (4) or 22ZQ(2).

             (3)  The Regulator must amend the certificates concerned so they have effect as if the exemption amounts had been calculated after items 30 and 31 of Schedule 1 of the amending regulation had commenced.

Meaning of amending regulation

             (4)  In this regulation:

amending regulation means the Renewable Energy (Electricity) Amendment (Exemptions for EITE Activities) Regulation 2015.

52  Amendments made by the Renewable Energy (Electricity) Amendment (Small‑scale Solar Eligibility and Other Measures) Regulations 2019

                   The amendments of these Regulations made by Part 2 of Schedule 1 to the Renewable Energy (Electricity) Amendment (Small‑scale Solar Eligibility and Other Measures) Regulations 2019 that relate to amendments of exemption certificates apply in relation to applications for amendments to exemption certificates for 2019 and later years.


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

(subregulation 4(2))

  

1  General

            1.1  Components of an electricity generation system that may be taken to be part of a power station for the Act include any of the following, whether or not they are owned by the operator of the system, that are integral to the operation of the system and the generation of electricity:

                     (a)  any component that operates to transform an eligible energy source into electricity;

                     (b)  any infrastructure of the system, including buildings, fuel storage areas, fuel handling devices, information technology, instrumentation and controls.

            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 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).

            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.

2  Bioenergy

            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:

                     (a)  buildings and stationary infrastructure;

                     (b)  combustion system, including waste heat boilers;

                     (c)  combustion or steam turbine;

                     (d)  compressor;

                     (e)  control system;

                      (f)  cooling tower;

                     (g)  digestion tank;

                     (h)  feedstock preparation;

                      (i)  fuel storage, transport and processing system;

                      (j)  gas cleaning system;

                     (k)  gasifier;

                      (l)  generator;

                    (m)  heat recovery system;

                     (n)  mechanical cleaner;

                     (o)  oxygen supply system;

                     (p)  particulate removal system;

                     (q)  pumping equipment;

                      (r)  switchyard and transformer;

                      (s)  thermal reactor;

                      (t)  water supply and treatment system.

3  Co‑firing

            3.1  If an electricity generation system co‑fires an energy source that is not an eligible energy source and fuel from an eligible 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.

4  Fuel cell

            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:

                     (a)  air filter;

                     (b)  anode, electrolyte and cathode;

                     (c)  catalytic converter;

                     (d)  control system;

                     (e)  cooling system;

                      (f)  desulphuriser;

                     (g)  power conditioner;

                     (h)  pumping equipment;

                      (i)  steam generator;

                      (j)  waste heat recovery system;

                     (k)  water filter.

5  Geothermal electricity generation

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

                     (a)  control system;

                     (b)  generator;

                     (c)  transformer;

                     (d)  turbine;

                     (e)  water treatment system;

                      (f)  well;

                     (g)  working fluid.

6  Hydro‑electricity

            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:

                     (a)  control, telemetering and protection system;

                     (b)  turbine, generator, associated buildings, transformer and grid connection;

                     (c)  water channelling infrastructure;

                     (d)  water discharge system;

                     (e)  water intake system;

                      (f)  water storage or weir;

                     (g)  for a pumped storage hydro‑electric power station—pumping equipment.

7  Ocean, wave and tide

            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:

                     (a)  the equipment used:

                              (i)  to channel or trap water; or

                             (ii)  to exchange heat; or

                            (iii)  to provide for air or water flow;

                     (b)  generators;

                     (c)  turbines.

8  Solar electricity generation

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

                     (a)  device for converting incident solar energy to electrical energy;

Examples:    Photovoltaic panels, solar thermal collectors.

                     (b)  enabling equipment, including:

                              (i)  DC and AC cabling;

                             (ii)  energy storage system, including specially designed batteries;

                            (iii)  inverter for converting DC output of a generator to AC;

                            (iv)  backup power supply;

                             (v)  framework and housing for the system;

                            (vi)  trackers and sensors;

                           (vii)  instrumentation;

                          (viii)  control system.

10  Wind

          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:

                     (a)  rotor;

                     (b)  generator;

                     (c)  control system;

                     (d)  tower;

                     (e)  cabling to transformer and other wind turbines;

                      (f)  battery.

11  Waste coal mine gas

          11.1  The following components of an electricity generation system that uses waste coal mine gas may be taken to be part of a power station for the Act:

                     (a)  combustion turbine or engine;

                     (b)  compressor;

                     (c)  control system;

                     (d)  waste coal mine gas cleaning system;

                     (e)  waste coal mine gas pumping or extraction system;

                      (f)  waste coal mine gas treatment or conditioner;

                     (g)  generator;

                     (h)  heat recovery system;

                      (i)  pumping equipment;

                      (j)  switchyard and transformer;

                     (k)  oxygen supply system;

                      (l)  water supply system;

                    (m)  mechanical cleaner;

                     (n)  particulate removal system.

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

(regulation 5)

  

Note:       For power stations generating electricity using waste coal mine gas, the gas is treated as an eligible energy source—see clause 7.

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 energy source and, on or after that date, the power station began generating electricity using an eligible 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 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.

2  Default baselines

            2.1  For a power station that generated electricity using an eligible energy source before 1 January 1997, the 1997 eligible renewable power baseline is the average of the annual electricity generated from eligible energy sources in 1994, 1995 and 1996 (the reference period), worked out in accordance with Subdivision 2.3.1.

            2.2  If the amount of electricity generated using an eligible energy source was not measured in the manner provided by these Regulations, the amount should be estimated from the measurements that were made and worked out in accordance with Subdivision 2.3.1.

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

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

                              (i)  extrapolate the amount of electricity generated using an eligible 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 energy source, or increased its capacity to generate electricity using an eligible 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 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 energy source, or increased its capacity to generate electricity using an eligible 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.

            2.4  If, in the reference period, the power station generated, on an intermittent basis, electricity using an eligible energy source, the Regulator may consider the level of operation at a particular time to be representative of a full year’s production.

            2.5  However, subclause 2.4 applies only if the intermittent nature of the production was caused by the cyclical availability of fuel.

3  Special baselines

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

            3.2  The Regulator may determine a 1997 eligible renewable power baseline for the power station in a manner different from that set out in clause 2 if:

                     (a)  electricity generated using an eligible energy source by the power station is linked to seasonal variations of longer than 3 years; or

                    (aa)  measurement for the reference period would not be representative of 1997 levels of generation; or

                     (b)  at any time in the reference period, there were major changes to the infrastructure or operating environment of the power station; or

                     (c)  determining the baseline in accordance with clause 2 would cause hardship for the nominated person; or

                     (d)  the amount of electricity generated by the power station before 1994 using an eligible 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

                     (e)  at any time in the reference period, the power station’s capacity to generate electricity using an eligible energy source, or its output, was significantly reduced by unplanned outages or other operating constraints; or

                      (f)  an action or policy of the Commonwealth government directly reduced the power station’s capacity to generate electricity using an eligible energy source for a sustained period.

            3.3  In determining a 1997 eligible renewable power baseline for the power station in a manner different from that set out in clause 2, the Regulator should take into account:

                     (a)  the need for the baseline to be representative of the amount of electricity the power station could have generated using an eligible energy source in 1997 under normal conditions; and

                     (b)  the generation capacity of the power station; and

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

                     (d)  any other matters that might have affected the amount of electricity the power station generated using an eligible energy source; and

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

         3.3A  For subclause 3.3, the Regulator may take into account information about 1997 or later years.

            3.4  Subclause 3.5 applies to a power station:

                     (a)  that is closed for at least 3 years continuously after 1 January 1997; and

                     (b)  that is refurbished at a cost of at least half the replacement cost of the power station at the same capacity.

            3.5  The power station may be considered to be a new power station.

6  Baselines in 2001

            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.

7  Treatment of waste coal mine gas as eligible energy source

            7.1  In this Schedule (including calculations in accordance with Subdivision 2.3.1), electricity generated using waste coal mine gas is taken to have been generated using an eligible energy source, even though waste coal mine gas was not an eligible energy source at the time the electricity was generated.

Schedule 3AGuidelines for determining 2008 WCMG limit

(regulation 5A)

  

1  Meaning of WCMG power station

            1.1  A power station is a WCMG power station if the power station:

                     (a)  was generating electricity using waste coal mine gas during May 2009; or

                     (b)  if paragraph (a) does not apply—had generated electricity from waste coal mine gas before May 2009, and, as at the end of May 2009, the owner or operator of the power station had a plan for the power station to resume generating electricity from waste coal mine gas before the end of September 2009.

2  Overall 2008 WCMG limit

            2.1  The total of the 2008 WCMG limits for all WCMG power stations during a year mentioned in column 1 of the following table must not exceed the total amount of electricity set out in column 2 for the year.

 

Year

Total amount of electricity (GWh)

2012

425

2013

850

2014

850

2015

850

2016

850

2017

850

2018

850

2019

850

2020

850

3  2008 WCMG limit—general

            3.1  Subject to clauses 4 and 5, the 2008 WCMG limit for a WCMG power station is the amount of electricity generated in 2008, worked out in accordance with Subdivision 2.3.1, less the amount of the 1997 eligible renewable power baseline (if any) for the power station.

            3.2  However, for 2012:

                     (a)  the 2008 WCMG limit for a WCMG power station is half of the limit mentioned in subclause 3.1 for the power station; and

                     (b)  the 1997 eligible renewable power baseline for the WCMG power station is taken to be half of the baseline determined for the power station.

            3.3  If the amount of electricity generated using waste coal mine gas was not measured in the manner provided for by these Regulations, the amount is to be estimated from the measurements that were made and worked out in accordance with Subdivision 2.3.1.

            3.4  For the purpose of working out an amount of electricity generated in accordance with Subdivision 2.3.1, waste coal mine gas is to be treated as if it was an eligible energy source in 2008.

4  2008 WCMG limit—special circumstances

            4.1  The Regulator may determine that the 2008 WCMG limit for a WCMG power station is greater than the limit mentioned in clause 3 if the nominated person for the power station provides satisfactory evidence to the Regulator that during 2008:

                     (a)  the power station did not generate electricity continuously because:

                              (i)  there was an unplanned plant outage affecting the power station; or

                             (ii)  the power station did not commence operating until after the beginning of 2008; or

                     (b)  the power station’s capacity to generate electricity using waste coal mine gas was reduced because of unplanned operating constraints beyond the control of the power station operator; or

                     (c)  the power station increased its capacity to generate electricity as a result of enhanced waste coal mine gas fuel supply, additional plant capacity, or generation efficiency; or

                     (d)  construction occurred to enhance the power station’s capacity to generate electricity through additional plant capacity or generation efficiency, but was not yet completed.

            4.2  If the Regulator is satisfied as provided in paragraph 4.1(a) or (b), the Regulator may determine the 2008 WCMG limit for the power station by extrapolating the amount of electricity generated by the power station during 2008 to establish the amount of electricity that would have been generated by the power station had the occurrence mentioned in paragraph 4.1(a) or (b) not occurred.

            4.3  If the Regulator is satisfied as provided in paragraph 4.1(c) or (d), the Regulator may, in consultation with the nominated person for the power station, determine the 2008 WCMG limit for the power station by modelling the output of the power station to establish the amount of electricity that would have been generated by the power station had the power station operated for the whole of 2008 with the increased capacity to generate electricity.

            4.4  The 1997 eligible renewable power baseline (if any) for the power station must be subtracted from the amount determined under subclause 4.2 or 4.3.

            4.5  However, for 2012:

                     (a)  the 2008 WCMG limit for a WCMG power station is half of the limit determined under subclause 4.2 or 4.3, as appropriate, for the power station; and

                     (b)  the 1997 eligible renewable power baseline for the WCMG power station is taken to be half of the baseline determined for the power station.

5  Moderating 2008 WCMG limits

            5.1  If the total of the 2008 WCMG limits for all WCMG power stations worked out in accordance with clauses 3 and 4 for a year exceeds the amount of electricity specified in the table in subclause 2.1 for the year, then the 2008 WCMG limit for a power station for that year is to be worked out in accordance with the following formula, expressed in GWh:

where:

year total, for a year, is the amount of electricity specified in subclause 2.1 for the year.

2008 WCMG total, for a year, is the sum of all station total amounts for the year.

station total, for a power station for a year, is the amount of electricity worked out in accordance with clause 3 or 4 for the station for the year.

            5.2  The result worked out under subclause 5.1 is to be rounded down to the nearest MWh.

            5.3  The 2008 WCMG limit for a power station for a year is not to be increased if the 2008 WCMG limit for all WCMG power stations for a year is less than the amount specified in the table in subclause 2.1 for the year.


Schedule 4Determination of solar water heater certificates

(subregulation 19B(4))

  

 

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/NZS 4234:2008, Heated water systems—Calculation of energy consumption

3

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


Schedule 6Emissions‑intensive trade‑exposed activities

(regulation 22D)

Part 1Preliminary

  

601  Preliminary

             (1)  In this Schedule:

                     (a)  Division 1 of a Part (other than this Part) specifies activities that are emissions‑intensive trade‑exposed activities; and

                     (b)  Division 2 of the Part sets out whether the activity is:

                              (i)  highly emissions‑intensive; or

                             (ii)  moderately emissions‑intensive; and

                     (c)  Division 3 of the Part sets out the electricity baseline for calculating the amount of a liable entity’s exemption in respect of the activity.

Note:          The matters mentioned in paragraphs (b) and (c) are required for the purpose of calculating the amount of a liable entity’s exemption for a year in relation to an emissions‑intensive trade‑exposed activity and site under Division 5 of Part 3A (production calculation method)—see paragraph 46B(1)(a) of the Act. The method for calculating the relevant amount is set out in regulations 22Z to 22ZG.

             (2)  In this Schedule, unless the contrary intention appears:

                     (a)  a concentration of a substance that is expressed as a percentage is a percentage with respect to mass; and

                     (b)  a reference to the moisture content of a substance expressed as a percentage is a percentage with respect to mass.

Part 2Production of glass containers

Division 1Production of glass containers

602  Production of glass containers

             (1)  The production of glass containers is the physical and chemical transformation of silica (silicon dioxide (SiO2)) and other raw and recycled materials (such as cullet) to produce blown or pressed glass containers, by controlled melting and forming in a contiguous process.

             (2)  The production of glass containers is specified as an emissions‑intensive trade‑exposed activity.

Division 2Classification of activity

603  Classification of activity

                   The production of glass containers is a moderately emissions‑intensive activity.

Division 3Electricity baseline for calculating exemption

604  Electricity baseline for product

                   The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of glass containers is 0.308 MWh per tonne of blown and pressed glass containers that are:

                     (a)  produced by carrying on the emissions‑intensive trade‑exposed activity; and

                     (b)  of saleable quality.

Note:          Saleable quality is defined in regulation 22C.

Part 3Production of bulk flat glass

Division 1Production of bulk flat glass

605  Production of bulk flat glass

             (1)  The production of bulk flat glass is the physical and chemical transformation of silica (silicon dioxide (SiO2)) and other raw and recycled materials (such as cullet) to produce bulk flat glass products, including wired glass and patterned glass, by controlled melting and forming in a contiguous process.

             (2)  The production of bulk flat glass is specified as an emissions‑intensive trade‑exposed activity.

Division 2Classification of activity

606  Classification of activity

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

Division 3Electricity baseline for calculating exemption

607  Electricity baseline for product

                   The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of bulk flat glass is 0.276 MWh per tonne of bulk flat glass that is:

                     (a)  produced by carrying on the emissions‑intensive trade‑exposed activity; and

                     (b)  of saleable quality.

Note:          Saleable quality is defined in regulation 22C.

Part 4Production of methanol

Division 1Production of methanol

608  Production of methanol

             (1)  The production of methanol is the chemical transformation of 1 or more of the following:

                     (a)  hydrocarbons;

                     (b)  hydrogen feedstocks;

                     (c)  carbon feedstocks;

                     (d)  oxygen feedstocks;

to produce liquid methanol (CH3OH) in which the concentration of methanol is equal to or greater than 98%.

             (2)  The production of methanol is specified as an emissions‑intensive trade‑exposed activity.

Division 2Classification of activity

609  Classification of activity

                   The production of methanol is specified as a highly emissions‑intensive activity.

Division 3Electricity baseline for calculating exemption

610  Electricity baseline for product

                   The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of methanol is 0.490 MWh per tonne of 100% equivalent methanol (CH3OH) that is produced by carrying on the emissions‑intensive trade‑exposed activity.

Part 5Production of carbon black

Division 1Production of carbon black

611  Production of carbon black

             (1)  The production of carbon black is the chemical transformation of gaseous or liquid hydrocarbons to produce a colloidal carbon material (known as ‘carbon black’) in the form of spheres or of fused aggregates of the spheres.

             (2)  The particle size of the colloidal carbon must be below 1 000nm in at least 1 dimension.

             (3)  The production of carbon black is specified as an emissions‑intensive trade‑exposed activity.

Division 2Classification of activity

612  Classification of activity

                   The production of carbon black is a highly emissions‑intensive activity.

Division 3Electricity baseline for calculating exemption

613  Electricity baseline for product

                   The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of carbon black is 0.514 MWh per tonne, on a dry weight basis, of pelletised carbon black that is:

                     (a)  produced by carrying on the emissions‑intensive trade‑exposed activity; and

                     (b)  of saleable quality.

Note:          Saleable quality is defined in regulation 22C.

Part 6Production of white titanium dioxide (TiO2) pigment

Division 1Production of white titanium dioxide (TiO2) pigment

614  Production of white titanium dioxide (TiO2) pigment

             (1)  The production of white titanium dioxide (TiO2) pigment is the chemical transformation of 1 or more of the following:

                     (a)  rutile (TiO2);

                     (b)  synthetic rutile (TiO2);

                     (c)  ilmenite (FeTiO3);

                     (d)  leucoxene;

                     (e)  titanium slag that has an iron (Fe) concentration of greater than or equal to 7%;

to produce white titanium dioxide (TiO2) pigment.

             (2)  The white titanium dioxide (TiO2) pigment must:

                     (a)  conform with ASTM classification D476‑00; and

                     (b)  have an iron (Fe) concentration of less than or equal to 0.5%.

             (3)  The production of white titanium dioxide (TiO2) pigment is specified as an emissions‑intensive trade‑exposed activity.

Division 2Classification of activity

615  Classification of activity

                   The production of white titanium dioxide (TiO2) pigment is a moderately emissions‑intensive activity.

Division 3Electricity baseline for calculating exemption

616  Electricity baseline for product

                   The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of white titanium dioxide (TiO2) pigment is 0.986 MWh per tonne of white titanium dioxide pigment that:

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

                     (b)  conforms with ASTM classification D476‑00; and

                     (c)  has an iron (Fe) concentration of less than or equal to 0.5%; and

                     (d)  is of saleable quality.

Note:          Saleable quality is defined in regulation 22C.

Part 7Production of silicon

Division 1Production of silicon

617  Production of silicon

             (1)  The production of silicon is the chemical transformation of silica (silicon dioxide (SiO2)) to produce silicon (Si) with a concentration of silicon equal to or greater than 98.0%, conducted in accordance with the overall chemical equation:

             (2)  The production of silicon is specified as an emissions‑intensive trade‑exposed activity.

Division 2Classification of activity

618  Classification of activity

                   The production of silicon is a highly emissions‑intensive activity.

Division 3Electricity baseline for calculating exemption

619  Electricity baseline for product

                   The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of silicon is 11.7 MWh per tonne of silicon that:

                     (a)  has a concentration of silicon equal to or greater than 98.0%; 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 8Smelting zinc

Division 1Smelting zinc

620  Smelting zinc

             (1)  Smelting zinc is the chemical transformation of either or both of:

                     (a)  concentrated mineralised zinc compounds; and

                     (b)  zinc‑bearing secondary materials;

to produce zinc metal (Zn) with a concentration of zinc equal to or greater than 99.95%.

             (2)  Smelting zinc is specified as an emissions‑intensive trade‑exposed activity.

Division 2Classification of activity

621  Classification of activity

                   Smelting zinc is a highly emissions‑intensive activity.

Division 3Electricity baseline for calculating exemption

622  Electricity baseline for product

                   The electricity baseline for calculating the amount of a liable entity’s exemption in respect of smelting zinc is 4.25 MWh per tonne of zinc that:

                     (a)  has a concentration of zinc equal to or greater than 99.95%; 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.

Part 9Integrated production of lead and zinc

Division 1Integrated production of lead and zinc

623  Integrated production of lead and zinc

             (1)  The integrated production of lead and zinc is the chemical transformation of either or both of:

                     (a)  concentrated mineralised lead compounds, with or without additional lead‑bearing secondary materials; and

                     (b)  concentrated mineralised zinc compounds, with or without additional zinc‑bearing secondary materials;

to produce:

                     (c)  lead metal (Pb) with a concentration of lead equal to or greater than 99.97%; and

                    (ca)  lead metal (Pb) with a concentration of lead of at least 99.5% but less than 99.97%; and

                     (d)  zinc in fume (Zn) with a concentration of zinc equal to or greater than 60%.

             (2)  The integrated production of lead and zinc is specified as an emissions‑intensive trade‑exposed activity.

Division 2Classification of activity

624  Classification of activity

                   The integrated production of lead and zinc is a moderately emissions‑intensive activity.

Division 3Electricity baseline for calculating exemption

625  Electricity baseline for product

             (1)  For the production of lead metal (Pb) with a concentration of lead of at least 99.97%, the basis for calculating the amount of a liable entity’s exemption is 0.355 MWh per tonne of lead metal that:

                     (a)  has a concentration of lead equal to or greater than 99.97%; and

                    (aa)  is not produced from a product mentioned in paragraph 623(1)(ca); 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.

          (1A)  For the production of lead metal (Pb) with a concentration of lead of at least 99.5% but less than 99.97%, the basis for calculating the amount of a liable entity’s exemption is 0.371 MWh per tonne of lead metal that:

                     (a)  has a concentration of lead of at least 99.5% but less than 99.97%; 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.

             (2)  For the production of zinc in fume (Zn), the basis for calculating the amount of a liable entity’s exemption is 0.820 MWh per tonne of 100% equivalent zinc contained within zinc in fume that:

                     (a)  has a concentration of zinc equal to or greater than 60%; and

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

Part 10Aluminium smelting

Division 1Aluminium smelting

626  Aluminium smelting

             (1)  Aluminium smelting is the physical and chemical transformation of alumina (aluminium oxide (Al2O3)) into saleable aluminium metal (Al).

             (2)  Aluminium smelting is specified as an emissions‑intensive trade‑exposed activity.

Division 2Classification of activity

627  Classification of activity

                   Aluminium smelting is a highly emissions‑intensive activity.

Division 3Electricity baseline for calculating exemption

628  Electricity baseline for product

                   The electricity baseline for calculating the amount of a liable entity’s exemption in respect of aluminium smelting is 15.0 MWh per tonne of primary aluminium (Al) that:

                     (a)  has a concentration of aluminium equal to or greater than 98%; and

                     (b)  is produced as part of carrying on the emissions‑intensive trade‑exposed activity; and

                     (c)  is weighed after electrolysis but before casting.

Part 11Production of high purity ethanol

Division 1Production of high purity ethanol

629  Production of high purity ethanol

             (1)  The production of high purity ethanol is the chemical transformation of fermentable sugars (such as C6H12O6, C5H10O5, C12H22O11 or C18H32O16) to ethanol (C2H5OH) and subsequent purification process to obtain a solution of high purity ethanol where the concentration of ethanol is equal to or greater than 95% with respect to volume.

             (2)  The production of high purity ethanol is specified as an emissions‑intensive trade‑exposed activity.

Division 2Classification of activity

630  Classification of activity

                   The production of high purity ethanol is a moderately emissions‑intensive activity.

Division 3Electricity baseline for calculating exemption

631  Electricity baseline for product

                   The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of high purity ethanol is 0.168 MWh per kilolitre of 100% equivalent ethanol (C2H5OH) at 20 °C that is produced by carrying on the emissions‑intensive trade‑exposed activity, assuming a density of ethanol of 789.24 kg/m3 at 20 °C.

Part 12Production of magnesia

Division 1Production of magnesia

632  Production of magnesia

             (1)  The production of magnesia is the chemical and physical transformation of magnesite (magnesium carbonate (MgCO3)) into 1 or more of the following magnesia products:

                     (a)  caustic calcined magnesia that:

                              (i)  has a concentration of magnesium oxide (MgO) equal to or greater than 75%; and

                             (ii)  is burned between 650 °C and 1 200 °C;

                     (b)  deadburned magnesia that:

                              (i)  has a concentration of magnesium oxide equal to or greater than 85%; and

                             (ii)  has grain density of 2.85 g/cm3 to 3.45 g/cm3; and

                            (iii)  is burned between 1 300 °C and 2 200 °C;

                     (c)  electrofused magnesia that:

                              (i)  has a concentration of magnesium oxide equal to or greater than 90%; and

                             (ii)  has grain density of greater than 3.45 g/cm3; and

                            (iii)  is fused at temperatures in excess of 2 750 °C.

             (2)  The production of magnesia is specified as an emissions‑intensive trade‑exposed activity.

Division 2Classification of activity

633  Classification of activity

                   The production of magnesia is a highly emissions‑intensive activity.

Division 3Electricity baseline for calculating exemption

634  Electricity baseline for product

             (1)  For the production of caustic calcined magnesia, the basis for calculating the amount of a liable entity’s exemption is 0.0757 MWh per tonne of caustic calcined magnesia on a dry weight basis that:

                     (a)  has a concentration of magnesium oxide (MgO) equal to or greater than 75%; and

                     (b)  is produced by, or as part of, carrying on the emissions‑intensive trade‑exposed activity; and

                     (c)  is of saleable quality;

whether or not it is later transformed into deadburned magnesia or electrofused magnesia.

Note:          Saleable quality is defined in regulation 22C.

             (2)  For the production of deadburned magnesia, the basis for calculating the amount of a liable entity’s exemption is 0.202 MWh per tonne of deadburned magnesia on a dry weight basis that:

                     (a)  has a concentration of magnesium oxide equal to or greater than 85%; and

                     (b)  has grain density of 2.85 g/cm3 to 3.45 g/cm3; 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.

             (3)  For the production of electrofused magnesia, the basis for calculating the amount of a liable entity’s exemption is 2.45 MWh per tonne of electrofused magnesia on a dry weight basis that:

                     (a)  has a concentration of magnesium oxide equal to or greater than 90%; and

                     (b)  has grain density of greater than 3.45 g/cm3; 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.

Part 13Manufacture of newsprint

Division 1Manufacture of newsprint

635  Manufacture of newsprint

             (1)  The manufacture of newsprint is the chemical or physical transformation, through an integrated process, of any or all of woodchips, sawdust, wood pulp and recovered paper into rolls of coated or uncoated newsprint that:

                     (a)  has a grammage range of 30 g/m2 to 80 g/m2; and

                     (b)  has a moisture content range of 4% to 11%; and

                     (c)  is generally usable for newspaper or publication products.

             (2)  The manufacture of newsprint is specified as an emissions‑intensive trade‑exposed activity.

Division 2Classification of activity

636  Classification of activity

                   The manufacture of newsprint is a highly emissions‑intensive activity.

Division 3Electricity baseline for calculating exemption

637  Electricity baseline for product

             (1)  For the manufacture of coated or uncoated newsprint that:

                     (a)  has a grammage range of 30 g/m2 to 80 g/m2; and

                     (b)  has a moisture content range of 4% to 11%; and

                     (c)  is generally usable for newspaper or publication products;

the electricity baseline for calculating the amount of a liable entity’s exemption is 0.697 MWh per air dried tonne of rolls of coated or uncoated newsprint of saleable quality produced by carrying on the emissions‑intensive trade‑exposed activity.

Note:          Saleable quality is defined in regulation 22C.

             (2)  For the production of pulp from either or both of woodchips and sawdust, the basis for calculating the amount of a liable entity’s exemption is 2.48 MWh per tonne of bone dried equivalent pulp that is:

                     (a)  used in the integrated process of manufacturing newsprint; and

                     (b)  produced as part of carrying on the emissions‑intensive trade‑exposed activity.

             (3)  For the production of pulp from recovered paper, the basis for calculating the amount of a liable entity’s exemption is 0.431 MWh per tonne of bone dried equivalent pulp that is:

                     (a)  used in the integrated process of manufacturing newsprint; and

                     (b)  produced as part of carrying on the emissions‑intensive trade‑exposed activity.

             (4)  For this Part, an amount of pulp or paper that is used as a basis for calculating the amount of a liable entity’s exemption for 1 of the following emissions‑intensive trade‑exposed activities:

                     (a)  the manufacture of newsprint;

                     (b)  dry pulp manufacturing;

                     (c)  cartonboard manufacturing;

                     (d)  packaging and industrial paper manufacturing;

                     (e)  printing and writing paper manufacturing;

                      (f)  tissue paper manufacturing;

does not count for the purpose of the basis for allocation of another of those emissions‑intensive trade‑exposed activities.

Part 14Dry pulp manufacturing

Division 1Dry pulp manufacturing

638  Dry pulp manufacturing

             (1)  Dry pulp manufacturing is the physical or chemical transformation of any or all of wood chips, sawdust, wood pulp and recovered paper into either or both of rolls and bales of dry pulp that:

                     (a)  has a moisture content in the range of 4% to 14%; and

                     (b)  is generally useable in either or both of:

                              (i)  paper manufacturing; and

                             (ii)  the production of sanitary products (such as a fluff pulp layer in sanitary products).

             (2)  Dry pulp manufacturing is specified as an emissions‑intensive trade‑exposed activity.

Division 2Classification of activity

639  Classification of activity

                   Dry pulp manufacturing is a highly emissions‑intensive activity.

Division 3Electricity baseline for calculating exemption

640  Electricity baseline for product

             (1)  For dry pulp manufacturing, the basis for calculating the amount of a liable entity’s exemption is 0.404 MWh per tonne of either or both of rolls and bales of dry pulp that:

                     (a)  has a moisture content in the range of 4% to 14%; and

                     (b)  is generally useable in either or both of:

                              (i)  paper manufacturing; and

                             (ii)  the production of sanitary products (such as a fluff pulp layer in sanitary products); 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.

             (2)  For the production of pulp from either or both of woodchips and sawdust as part of dry pulp manufacturing, the basis for calculating the amount of a liable entity’s exemption is 0.448 MWh per total air dried tonne (applying a 10% moisture content) of equivalent pulp that is:

                     (a)  produced from either or both of woodchips and sawdust;

                     (b)  used in the process of manufacturing dry pulp; and

                     (c)  produced as part of carrying on the emissions‑intensive trade‑exposed activity.

             (3)  For this Part, an amount of pulp or paper that is used as a basis for calculating the amount of a liable entity’s exemption for 1 of the following emissions‑intensive trade‑exposed activities:

                     (a)  the manufacture of newsprint;

                     (b)  dry pulp manufacturing;

                     (c)  cartonboard manufacturing;

                     (d)  packaging and industrial paper manufacturing;

                     (e)  printing and writing paper manufacturing;

                      (f)  tissue paper manufacturing;

does not count for the purpose of the basis for allocation of another of those emissions‑intensive trade‑exposed activities.

Part 15Cartonboard manufacturing

Division 1Cartonboard manufacturing

641  Cartonboard manufacturing

             (1)  Cartonboard manufacturing is the physical or chemical transformation of any or all of wood chips, sawdust, wood pulp and recovered paper into rolls of cartonboard that:

                     (a)  has a grammage range of 150 g/m2 to 500 g/m2; and

                     (b)  has a moisture content in the range of 4% to 11%, and

                     (c)  is coated; and

                     (d)  is generally useable as cartonboard product such as coated kraft liner, coated multiply and other coated paperboard.

             (2)  Cartonboard manufacturing is specified as an emissions‑intensive trade‑exposed activity.

Division 2Classification of activity

642  Classification of activity

                   Cartonboard manufacturing is a highly emissions‑intensive activity.

Division 3Electricity baseline for calculating exemption

643  Electricity baseline for product

             (1)  For cartonboard manufacturing, the basis for calculating the amount of a liable entity’s exemption is 0.775 MWh per total tonne of rolls of cartonboard that:

                     (a)  has a grammage range of 150 g/m2 to 500 g/m2; and

                     (b)  has a moisture content in the range of 4% to 11%; and

                     (c)  is coated; and

                     (d)  is generally useable as cartonboard product such as coated kraft liner, coated multiply and other coated paperboard; and

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

                      (f)  is of saleable quality.

Note:          Saleable quality is defined in regulation 22C.

             (2)  For the production of pulp from either or both of woodchips and sawdust as part of cartonboard manufacturing, the basis for calculating the amount of a liable entity’s exemption is 0.448 MWh per total air dried tonne (applying a 10% moisture content) of equivalent pulp that is:

                     (a)  produced from either or both of woodchips and sawdust; and

                     (b)  used in the process of cartonboard manufacturing; and

                     (c)  produced as part of carrying on the emissions‑intensive trade‑exposed activity.

             (3)  For this Part, an amount of pulp or paper that is used as a basis for calculating the amount of a liable entity’s exemption for 1 of the following emissions‑intensive trade‑exposed activities:

                     (a)  the manufacture of newsprint;

                     (b)  dry pulp manufacturing;

                     (c)  cartonboard manufacturing;

                     (d)  packaging and industrial paper manufacturing;

                     (e)  printing and writing paper manufacturing;

                      (f)  tissue paper manufacturing;

does not count for the purpose of the basis for allocation of another of those emissions‑intensive trade‑exposed activities.

Part 16Packaging and industrial paper manufacturing

Division 1Packaging and industrial paper manufacturing

644  Packaging and industrial paper manufacturing

             (1)  Packaging and industrial paper manufacturing is the physical or chemical transformation of any or all of wood chips, sawdust, wood pulp and recovered paper into rolls of packaging and industrial paper that

                     (a)  is produced from wholly or partially unbleached input fibre; and

                     (b)  has a grammage range of 30 g/m2 to 500 g/m2; and

                     (c)  has a moisture content in the range of 4% to 11%; and

                     (d)  is uncoated; and

                     (e)  is generally useable as a packaging or industrial paper, including products such as kraft liner, recycled or multiply liner, medium, sack and bag paper, wrapping paper, plasterboard liner, horticultural paper and building paper.

             (2)  Packaging and industrial paper manufacturing is specified as an emissions‑intensive trade‑exposed activity.

Division 2Classification of activity

645  Classification of activity

                   Packaging and industrial paper manufacturing is a highly emissions‑intensive activity.

Division 3Electricity baseline for calculating exemption

646  Electricity baseline for product

             (1)  For packaging and industrial paper manufacturing, the basis for calculating the amount of a liable entity’s exemption is 0.554 MWh per total tonne of rolls of packaging and industrial paper that:

                     (a)  is produced from wholly or partially unbleached input fibre; and

                     (b)  has a grammage range of 30 g/m2 to 500 g/m2; and

                     (c)  has a moisture content in the range of 4% to 11%; and

                     (d)  is uncoated; and

                     (e)  is generally useable as a packaging or industrial paper product, including products such as kraft liner, recycled or multiply liner, medium, sack and bag paper, wrapping paper, plasterboard liner, horticultural paper and building paper; and

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

                     (g)  is of saleable quality.

Note:          Saleable quality is defined in regulation 22C.

             (2)  For the production of pulp from either or both of woodchips and sawdust as part of packaging and industrial paper manufacturing, the basis for calculating the amount of a liable entity’s exemption is 0.448 MWh per total air dried tonne (assuming a 10% moisture content) of equivalent pulp that is:

                     (a)  produced from either or both of woodchips and sawdust; and

                     (b)  used in the process of manufacturing packaging and industrial paper; and

                     (c)  produced as part of carrying on the emissions‑intensive trade‑exposed activity.

             (3)  For this Part, an amount of pulp or paper that is used as a basis for calculating the amount of a liable entity’s exemption for 1 of the following emissions‑intensive trade‑exposed activities:

                     (a)  the manufacture of newsprint;

                     (b)  dry pulp manufacturing;

                     (c)  cartonboard manufacturing;

                     (d)  packaging and industrial paper manufacturing;

                     (e)  printing and writing paper manufacturing;

                      (f)  tissue paper manufacturing;

does not count for the purpose of the basis for allocation of another of those emissions‑intensive trade‑exposed activities.

Part 17Printing and writing paper manufacturing

Division 1Printing and writing paper manufacturing

647  Printing and writing paper manufacturing

             (1)  Printing and writing paper manufacturing is the physical or chemical transformation of any or all of wood chips, sawdust, wood pulp and recovered paper into rolls of coated or uncoated printing and writing paper that:

                     (a)  is produced from 100% bleached or brightened input fibre; and

                     (b)  has a grammage range of 42 g/m2 to 350 g/m2; and

                     (c)  has a moisture content in the range of 4% to 11%; and

                     (d)  is generally useable as a printing and writing paper product, including products such as offset paper, copy paper, laser printing paper, magazine paper, filing card paper, manilla, book printing paper, envelope paper, forms paper, scholastic paper, cheque paper and security paper.

             (2)  Printing and writing paper manufacturing is specified as an emissions‑intensive trade‑exposed activity.

Division 2Classification of activity

648  Classification of activity

            Printing and writing paper manufacturing is a highly emissions‑intensive activity.

Division 3Electricity baseline for calculating exemption

649  Electricity baseline for product

             (1)  For printing and writing paper manufacturing, the basis for calculating the amount of a liable entity’s exemption is 0.880 MWh per total tonne of rolls of coated or uncoated printing and writing paper that:

                     (a)  is produced from 100% bleached or brightened input fibre; and

                     (b)  has a grammage range of 42 g/m2 to 350 g/m2; and

                     (c)  has a moisture content in the range of 4% to 11%; and

                     (d)  is generally useable as a printing and writing paper product, including products such as offset paper, copy paper, laser printing paper, magazine paper, filing card paper, manilla, book printing paper, envelope paper, forms paper, scholastic paper, cheque paper and security paper; and

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

                      (f)  is of saleable quality.

Note:          Saleable quality is defined in regulation 22C.

             (2)  For the production of pulp from either or both of woodchips and sawdust as part of printing and writing paper manufacturing, the basis for calculating the amount of a liable entity’s exemption is 0.448 MWh per total air dried tonne (assuming a 10% moisture content) of equivalent pulp that is:

                     (a)  produced from either or both of woodchips and sawdust; and

                     (b)  used in the process of manufacturing printing and writing paper; and

                     (c)  produced as part of carrying on the emissions‑intensive trade‑exposed activity.

          (2A)  For the production of pulp from recovered paper as part of printing and writing paper manufacturing, the basis for calculating the amount of a liable entity’s exemption is 0.824 MWh per total air dried tonne (assuming a 10% moisture content) of equivalent pulp that is:

                     (a)  produced from recovered paper; and

                     (b)  used in the process of manufacturing printing and writing paper; and

                     (c)  produced as part of carrying on the emissions‑intensive trade‑exposed activity.

             (3)  For this Part, an amount of pulp or paper that is used as a basis for calculating the amount of a liable entity’s exemption for 1 of the following emissions‑intensive trade‑exposed activities:

                     (a)  the manufacture of newsprint;

                     (b)  dry pulp manufacturing;

                     (c)  cartonboard manufacturing;

                     (d)  packaging and industrial paper manufacturing;

                     (e)  printing and writing paper manufacturing;

                      (f)  tissue paper manufacturing;

does not count for the purpose of the basis for allocation of another of those emissions‑intensive trade‑exposed activities.

Part 18Alumina refining

Division 1Alumina 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 2Classification of activity

651  Classification of activity

                   Alumina refining is a highly emissions‑intensive activity.

Division 3Electricity baseline for calculating exemption

652  Electricity baseline for product

                   The electricity baseline for calculating the amount of a liable entity’s 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.

Part 19Tissue paper manufacturing

Division 1Tissue paper manufacturing

653  Tissue paper manufacturing

             (1)  Tissue paper manufacturing is the physical or chemical transformation of any or all of wood chips, sawdust, wood pulp and recovered paper into rolls of uncoated tissue paper that:

                     (a)  has a grammage range of 13 g/m2 to 75 g/m2; and

                     (b)  has a moisture content in the range of 4% to 11%; and

                     (c)  is generally useable in sanitary products such as facial tissue, paper towel, bathroom tissue and napkins.

             (2)  Tissue paper manufacturing is specified as an emissions‑intensive trade‑exposed activity.

Division 2Classification of activity

654  Classification of activity

                   Tissue paper manufacturing is a moderately emissions‑intensive activity.

Division 3Electricity baseline for calculating exemption

655  Electricity baseline for product

             (1)  Subject to subclause (3), for tissue paper manufacturing, the basis for calculating the amount of a liable entity’s exemption is 1.67 MWh per total tonne of rolls of uncoated tissue paper that:

                     (a)  has a grammage range of 13 g/m2 to 75 g/m2; and

                     (b)  has a moisture content in the range of 4% to 11%; and

                     (c)  is generally useable in sanitary products such as facial tissue, paper towel, bathroom tissue and napkins; and

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

                     (e)  is of saleable quality.

Note:          Saleable quality is defined in regulation 22C.

             (2)  For the production of pulp from either or both of woodchips and sawdust as part of the tissue paper manufacturing, the basis for calculating the amount of a liable entity’s exemption is 0.448 MWh per total air dried tonne (assuming a 10% moisture content) of equivalent pulp that is:

                     (a)  produced from either or both of woodchips and sawdust; and

                     (b)  used in the process of manufacturing tissue paper; and

                     (c)  produced as part of carrying on the emissions‑intensive trade‑exposed activity.

             (3)  For this Part, an amount of pulp or paper that is used as a basis for calculating the amount of a liable entity’s exemption for 1 of the following emissions‑intensive trade‑exposed activities:

                     (a)  the manufacture of newsprint;

                     (b)  dry pulp manufacturing;

                     (c)  cartonboard manufacturing;

                     (d)  packaging and industrial paper manufacturing;

                     (e)  printing and writing paper manufacturing;

                      (f)  tissue paper manufacturing;

does not count for the purpose of the basis for allocation of another of those emissions‑intensive trade‑exposed activities.

Part 20Integrated iron and steel manufacturing

Division 1Integrated iron and steel manufacturing

656  Integrated iron and steel manufacturing

             (1)  Integrated iron and steel manufacturing is the chemical and physical transformation of iron ore into crude carbon steel products and hot‑rolled carbon steel products involving all of the following processes:

                     (a)  the chemical and physical transformation of iron ore into agglomerated iron ore, such as iron ore sinter or iron ore pellets;

                     (b)  the carbonisation of coal (principally coking coal) into coke oven coke;

                     (c)  the chemical and physical transformation of either or both of limestone or dolomite, into lime (including burnt lime and burnt dolomite);

                     (d)  the chemical and physical transformation of iron ore feed, including agglomerated iron ore, into molten iron which includes the reduction of oxides of iron using carbon as the predominant reducing agent;

                     (e)  the chemical and physical transformation of molten iron and cold ferrous feed, such as pig iron, flat iron and ferrous scrap, into 1 or more of the following:

                              (i)  continuously cast carbon steel products;

                             (ii)  ingots of carbon steel;

                            (iii)  hot‑rolled carbon steel products, which commenced hot‑rolling at a temperature above 800 °C.

Note:          Carbon steel and coke oven coke are defined in regulation 22A.

             (2)  Integrated iron and steel manufacturing may also include the physical transformation of continuously cast carbon steel products into hot‑rolled carbon steel products which commence hot‑rolling at a temperature above 800 °C if the continuously cast carbon steel products are produced:

                     (a)  at a site that:

                              (i)  conducts the activity of integrated iron and steel manufacturing; and

                             (ii)  is not a site that is part of the activity group associated with the activity that is the subject of the application made under subsection 46A(1) of the Act; or

                     (b)  from the activity of manufacture of carbon steel from cold ferrous feed.

Note:          Activity group is defined in regulation 22A.

             (3)  For the purposes of paragraph (1)(e), if the amount of the exemption is worked out under Division 5 (production method), the maximum percentage of cold ferrous feed transformed into 1 or more of the items in subparagraphs (1)(e)(i) to (iii) as a proportion of molten iron and cold ferrous feed, must not:

                     (a)  for a site that does not meet the criteria specified in subregulation 22ZD(3) for a new entrant site and that is not part of an activity group—be greater than 30% over the relevant financial year for the site; or

                     (b)  for a site that does not meet the criteria specified in subregulation 22ZD(3) for a new entrant site and that is part of an activity group—be greater than 30% over the relevant financial year for the sites that are part of the activity group; or

                     (c)  for a site that does meet the criteria specified in subregulation 22ZD(3) for a new entrant site—be likely to be greater than 30% over the relevant financial year for the site.

Note:          Activity group and relevant financial year are defined in regulation 22A.

             (4)  Integrated iron and steel manufacturing is specified as an emissions‑intensive trade‑exposed activity.

Division 2Classification of activity

657  Classification of activity

                   Integrated iron and steel manufacturing is a highly emissions‑intensive activity.

Division 3Electricity baseline for calculating exemption

658  Electricity baseline for product

             (1)  For the production of iron ore sinter, the electricity baseline for calculating the amount of a liable entity’s exemption is 0.0397 MWh per tonne of iron ore sinter on a dry weight basis that:

                     (a)  meets the necessary requirements for use in the integrated iron and steel manufacturing process; and

                     (b)  is produced as part of carrying on the emissions‑intensive trade‑exposed activity.

             (2)  For the production of iron ore pellets, the electricity baseline for calculating the amount of a liable entity’s exemption is 0.0742 MWh per tonne of iron ore pellets on a dry weight basis that:

                     (a)  meet the necessary requirements for use in the integrated iron and steel manufacturing process; and

                     (b)  are produced as part of carrying on the emissions‑intensive trade‑exposed activity.

             (3)  For the production of coke oven coke, the electricity baseline for calculating the amount of a liable entity’s exemption is 0.0397 MWh per tonne of coke oven coke on a dry weight basis that:

                     (a)  meets the necessary requirements for use in the integrated iron and steel manufacturing process; and

                     (b)  is produced as part of carrying on the emissions‑intensive trade‑exposed activity; and

                     (c)  is not a relevant product for the emissions‑intensive trade‑exposed activity of production of coke oven coke.

             (4)  For the production of lime, the electricity baseline for calculating the amount of a liable entity’s exemption is 0.0405 MWh per tonne of lime on a dry weight basis that:

                     (a)  meets the necessary requirements for use in the integrated iron and steel manufacturing process; and

                     (b)  is produced as part of carrying on the emissions‑intensive trade‑exposed activity; and

                     (c)  is not a relevant product for the emissions‑intensive trade‑exposed activity of production of lime.

             (5)  For the production of either or both of continuously cast carbon steel products and ingots of carbon steel, the electricity baseline for calculating the amount of a liable entity’s exemption is 0.145 MWh per tonne of either or both of continuously cast carbon steel products and ingots of carbon steel that:

                     (a)  are produced as part of carrying on the emissions‑intensive trade‑exposed activity; and

                     (b)  are not a relevant product for the emissions‑intensive trade‑exposed activity of the manufacture of carbon steel from cold ferrous feed; and

                     (c)  are of a saleable quality.

Note 1:       Carbon steel and relevant product are defined in regulation 22A.

Note 2:       Saleable quality is defined in regulation 22C.

             (6)  For the production of hot‑rolled carbon steel products that are long products, the electricity baseline for calculating the amount of a liable entity’s exemption is 0.133 MWh per tonne of long products of hot‑rolled carbon steel that:

                     (a)  is in coils or straight lengths; and

                     (b)  is generally produced in rod, bar and structural (section) mills; and

                     (c)  generally has a cross sectional shape such as I, T, Y, U, V, H, C, L, square, rectangular, round, flat, hexagonal, angle, channel, structural beam profile or rail profile; and

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

                     (e)  is produced from continuously cast carbon steel products that satisfy the requirements mentioned in subclause (8); and

                      (f)  is not a relevant product for the emissions‑intensive trade‑exposed activity of integrated iron and steel manufacturing that is conducted at a site that is not part of the activity group associated with the activity that is the subject of the application made under subsection 46A(1) of the Act; and

                     (g)  is not a relevant product for the emissions‑intensive trade‑exposed activity of the manufacture of carbon steel from cold ferrous feed; and

                     (h)  is of saleable quality.

Note 1:       Activity group, carbon steel and relevant product are defined in regulation 22A.

Note 2:       Saleable quality is defined in regulation 22C.

             (7)  For the production of hot‑rolled carbon steel products that are flat products, the electricity baseline for calculating the amount of a liable entity’s exemption is 0.116 MWh per tonne of flat products of hot‑rolled carbon steel that:

                     (a)  is flat in profile, such as plate and hot rolled coil; and

                     (b)  is generally produced in hot strip mills and plate mills; and

                     (c)  is generally greater than 600 mm in width; and

                     (d)  is generally less than 150 mm in thickness; and

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

                      (f)  is produced from continuously cast carbon steel products that satisfy the requirements mentioned in subclause (8); and

                     (g)  is not a relevant product for the emissions‑intensive trade‑exposed activity of integrated iron and steel manufacturing that is conducted at a site that is not part of the activity group associated with the activity that is the subject of the application made under subsection 46A(1) of the Act; and

                     (h)  is not a relevant product for the emissions‑intensive trade‑exposed activity of the manufacture of carbon steel from cold ferrous feed; and

                      (i)  is of saleable quality.

Note 1:       Activity group, carbon steel and relevant product are defined in regulation 22A.

Note 2:       Saleable quality is defined in regulation 22C.

             (8)  For paragraphs (6)(e) and (7)(f), the continuously cast carbon steel products must:

                     (a)  be produced as part of carrying on the emissions‑intensive trade‑exposed activity; or

                     (b)  be produced from the activity of integrated iron and steel manufacturing that is conducted at a site that is not part of the activity group associated with the activity that is the subject of the application made under subsection 46A(1) of the Act; or

                     (c)  be produced from the activity of manufacture of carbon steel from cold ferrous feed.

Note:          Activity group and relevant product are defined in regulation 22A.

Part 21Manufacture of carbon steel from cold ferrous feed

Division 1Manufacture of carbon steel from cold ferrous feed

659  Manufacture of carbon steel from cold ferrous feed

             (1)  The manufacture of carbon steel from cold ferrous feed is the physical and chemical transformation of cold ferrous feed (such as ferrous scrap, pig iron and flat iron) by heating and melting into liquid steel and the subsequent casting of the liquid steel to produce 1 or more of the following:

                     (a)  continuously cast carbon steel products;

                     (b)  ingots of carbon steel;

                     (c)  hot‑rolled carbon steel products, which commenced hot‑rolling at a temperature above 800 °C.

             (2)  The manufacture of carbon steel from cold ferrous feed may also include the physical transformation of continuously cast carbon steel products into hot‑rolled carbon steel products which commenced hot‑rolling at a temperature above 800 °C where the continuously cast carbon steel products are produced:

                     (a)  at a site that:

                              (i)  conducts the activity of manufacture of carbon steel from cold ferrous feed; and

                             (ii)  is not a site that is part of the activity group associated with the activity that is the subject of the application made under subsection 46A(1) of the Act; or

                     (b)  from the activity of integrated iron and steel manufacturing.

Note:          Activity group is defined in regulation 22A.

             (3)  The manufacture of carbon steel from cold ferrous feed is specified as an emissions‑intensive trade‑exposed activity.

Note:          Carbon steel is defined in regulation 22A.

Division 2Classification of activity

660  Classification of activity

                   The manufacture of carbon steel from cold ferrous feed is a highly emissions‑intensive activity.

Division 3Electricity baseline for calculating exemption

661  Electricity baseline for product

             (1)  For the production of either or both of continuously cast carbon steel products and ingots of carbon steel, the electricity baseline for calculating the amount of a liable entity’s exemption is 0.532 MWh per tonne of either or both continuously cast carbon steel products and ingots of carbon steel that:

                     (a)  are produced as part of carrying on the emissions‑intensive trade‑exposed activity; and

                     (b)  are not a relevant product for the emissions‑intensive trade‑exposed activity of integrated iron and steel manufacturing; and

                     (c)  are of a saleable quality.

Note 1:       Carbon steel and relevant product are defined in regulation 22A.

Note 2:       Saleable quality is defined in regulation 22C.

             (2)  For the production of hot‑rolled carbon steel products which are long products, the electricity baseline for calculating the amount of a liable entity’s exemption is 0.133 MWh per tonne of long products of hot‑rolled carbon steel that:

                     (a)  is in coils or straight lengths; and

                     (b)  is generally produced in rod, bar and structural (section) mills; and

                     (c)  generally has a cross sectional shape such as I, T, Y, U, V, H, C, L, square, rectangular, round, flat, hexagonal, angle, channel, structural beam profile or rail profile; and

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

                     (e)  is produced from continuously cast carbon steel products that satisfy the requirements mentioned in subclause (4); and

                      (f)  is not a relevant product for the emissions‑intensive trade‑exposed activity of manufacture of carbon steel from cold ferrous feed that is conducted at a site that is not part of the activity group associated with the activity that is the subject of the application made under subsection 46A(1) of the Act; and

                     (g)  is not a relevant product for the emissions‑intensive trade‑exposed activity of integrated iron and steel manufacturing; and

                     (h)  is of saleable quality.

Note 1:       Activity group, carbon steel and relevant product are defined in regulation 22A.

Note 2:       Saleable quality is defined in regulation 22C.

             (3)  For the production of hot‑rolled carbon steel products which are flat products, the electricity baseline for calculating the amount of a liable entity’s exemption is 0.116 MWh per tonne of flat products of hot‑rolled carbon steel that:

                     (a)  is flat in profile, such as plate and hot rolled coil; and

                     (b)  is generally produced in hot strip and plate mills; and

                     (c)  is generally greater than 600 mm in width; and

                     (d)  is generally less than 150 mm in thickness; and

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

                      (f)  is produced from continuously cast carbon steel products that satisfy the requirements mentioned in subclause (4); and

                     (g)  is not a relevant product for the emissions‑intensive trade‑exposed activity of manufacture of carbon steel from cold ferrous feed that is conducted at a site that is not part of the activity group associated with the activity that is the subject of the application made under subsection 46A(1) of the Act; and

                     (h)  is not a relevant product for the emissions‑intensive trade‑exposed activity of integrated iron and steel manufacturing; and

                      (i)  is of saleable quality.

Note 1:       Carbon steel is defined in regulation 22A.

Note 2:       Saleable quality is defined in regulation 22C.

             (4)  For paragraphs (2)(e) and (3)(f), the continuously cast carbon steel products must:

                     (a)  be produced as part of carrying on the emissions‑intensive trade‑exposed activity; or

                     (b)  be produced from the activity of manufacture of carbon steel from cold ferrous feed that is conducted at a site that is not part of the activity group associated with the activity that is the subject of the application made under subsection 46A(1) of the Act; or

                     (c)  be produced from the activity of integrated iron and steel manufacturing.

Note:          Activity group and relevant product are defined in regulation 22A.

Part 22Petroleum refining

Division 1Petroleum refining

662  Petroleum refining

             (1)  Petroleum refining is the chemical and physical transformation of stabilised crude petroleum oil, which may be supplemented with 1 or more of condensate, tallow, vegetable oil, eligible petroleum feedstocks or other petroleum feedstocks, to produce a range of refined petroleum products through the following processes:

                     (a)  the distillation of stabilised crude petroleum oil, condensate, tallow, vegetable oil and other petroleum feedstocks;

                     (b)  the adjustment of the molecular weight and structure of hydrocarbons (such as that which occurs through catalytic or hydro‑cracking, steam or catalytic reforming, polymerisation, isomerisation or alkylation);

                     (c)  the blending of products from distillation and adjustment of molecular weight and structure to produce Australian and international standard diesel, jet fuel and unleaded petrol;

                     (d)  the production of 2 or more of the following refinery products saleable in Australian or international markets:

                              (i)  hydrogen;

                             (ii)  ethane; 

                            (iii)  propane;

                            (iv)  refinery grade propylene;

                             (v)  polymer grade propylene;

                            (vi)  liquefied petroleum gas;

                           (vii)  butane;

                          (viii)  naphtha;

                            (ix)  aviation gasoline;

                             (x)  before oxygenate blend;

                            (xi)  kerosene;

                           (xii)  heating oil;

                          (xiii)  solvents;

                          (xiv)  lubricant base stocks;

                           (xv)  leaded petrol;

                          (xvi)  waxes;

                         (xvii)  bitumen.

Note:          Condensate, eligible petroleum feedstocks, stabilised crude petroleum oil and unleaded petrol are defined in regulation 22A.

          (1A)  The activity of petroleum refining only takes place in the application year if:

                     (a)  the application is for the amount of the exemption to be worked out under Division 5 of Part 3A (production calculation method) and subclause (2) applies; or

                     (b)  the application is for the amount of the exemption to be worked out under Division 5A of Part 3A (electricity use method) and subclause (2A) applies.

             (2)  For the purposes of paragraph (1A)(a), this subclause applies in relation to the application year if:

                     (a)  each of the processes mentioned in paragraphs (1)(a) to (d) are conducted within the relevant financial year for the site; and

                     (b)  the combined volume of diesel, jet fuel, unleaded petrol, lubricant base stocks and bitumen at 15°C and 1 atmosphere produced from stabilised crude petroleum oil, condensate, tallow, vegetable oil and eligible petroleum feedstocks is:

                              (i)  for a site that does not meet the criteria specified in subregulation 22ZD(3) for a new entrant site and that is not part of an activity group—equal to or greater than 75% of the total kilolitres of stabilised crude petroleum oil, condensate, tallow, vegetable oil and eligible petroleum feedstocks used within the relevant financial year for the site; or

                             (ii)  for a site that does not meet the criteria specified in subregulation 22ZD(3) for a new entrant site and that is part of an activity group—equal to or greater than 75% of the total kilolitres of stabilised crude petroleum oil, condensate, tallow, vegetable oil and eligible petroleum feedstocks used within the relevant financial year for the sites that are part of the activity group; or

                             (ii)  for a site that does meet the criteria specified in subregulation 22ZD(3) for a new entrant site—is likely to be equal to or greater than 75% of the total kilolitres of stabilised crude petroleum oil, condensate, tallow, vegetable oil and eligible petroleum feedstocks likely to be used within the relevant financial year for the site.

Note:          Activity group and relevant financial year are defined in regulation 22A.

          (2A)  For the purposes of paragraph (1A)(b), this subclause applies in relation to the application year if:

                     (a)  each of the processes mentioned in paragraphs (1)(a) to (d) are conducted within the application year for the site; and

                     (b)  the combined volume of diesel, jet fuel, unleaded petrol, lubricant base stocks and bitumen at 15°C and 1 atmosphere produced from stabilised crude petroleum oil, condensate, tallow, vegetable oil and eligible petroleum feedstocks is:

                              (i)  for a site that is not part of an activity group—equal to or greater than 75% of the total kilolitres of stabilised crude petroleum oil, condensate, tallow, vegetable oil and eligible petroleum feedstocks likely to be used in the application year for the site; or

                             (ii)  for a site that is part of an activity group—equal to or greater than 75% of the total kilolitres of stabilised crude petroleum oil, condensate, tallow, vegetable oil and eligible petroleum feedstocks likely to be used in the application year for the sites that are part of the activity group.

             (3)  The processes mentioned in paragraphs (1)(a) to (d) are not required to be conducted for every product mentioned in paragraphs (1)(c) and (d) for the activity of petroleum refining to occur in the application year.

             (4)  Petroleum refining is specified as an emissions‑intensive trade‑exposed activity.

             (5)  For this Part:

application year, for an application under subsection 46A(1) of the Act, means the year for which the application is made for under subsection 46A(1) of the Act.

Division 2Classification of activity

663  Classification of activity

                   Petroleum refining is a highly emissions‑intensive activity.

Division 3Electricity baseline for calculating exemption

664  Electricity baseline for product

             (1)  Subject to subclause (2), the electricity baseline for calculating the amount of a liable entity’s exemption in respect of petroleum refining is 0.0421 MWh per kilolitres of:

                     (a)  stabilised crude petroleum oil at 15 °C and 1 atmosphere; and

                     (b)  condensate at 15 °C and 1 atmosphere; and

                     (c)  tallow at 15 °C and 1 atmosphere; and

                     (d)  vegetable oil at 15 °C and 1 atmosphere; and

                     (e)  eligible petroleum feedstocks at 15 °C and 1 atmosphere.

             (2)  A substance mentioned in paragraphs (1)(a) to (e) may be used for calculating the amount of a liable entity’s exemption for subclause (1) if the substance is, or is to be, refined:

                     (a)  by 1 or both of the processes mentioned in paragraphs 662(1)(a) and (b); and

                     (b)  into either of the following:

                              (i)  1 or more petroleum products mentioned in paragraphs662 (1)(c) and (d);

                             (ii)  other by‑products which result from carrying on the emissions‑intensive trade‑exposed activity; and

                     (c)  in the financial year:

                              (i)  that applies, for the purpose of subregulation 22ZB(3), to the application made under subsection 46A(1) of the Act; and

                             (ii)  in which the combined volume of diesel, jet fuel, unleaded petrol, lubricant base stocks and bitumen, at 15 °C and 1 atmosphere, produced from substances mentioned in paragraphs (1)(a) to (e) is:

                                        (A)  for new or expected additional production—likely to be equal to or greater than 75% of the total kilolitres of those substances likely to be used in the financial year; or

                                        (B)  for production that is not new or expected additional production—equal to or greater than 75% of the total kilolitres of those substances used in the financial year.

Note:          Condensate, eligible petroleum feedstocks, petroleum oil, stabilised crude and unleaded petrol are defined in regulation 22A.

Part 23Production of ethene (ethylene)

Division 1Production of ethene (ethylene)

665  Production of ethene (ethylene)

             (1)  The production of ethene (ethylene) is the chemical transformation of hydrocarbons to produce ethene (ethylene (C2H4)) that has a concentration of ethene (ethylene (C2H4)) equal to or greater than 99%.

             (2)  The production of ethene (ethylene) is specified as an emissions‑intensive trade‑exposed activity.

Division 2Classification of activity

666  Classification of activity

                   The production of ethene (ethylene) is a highly emissions‑intensive activity.

Division 3Electricity baseline for calculating exemption

667  Electricity baseline for product

                   The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of ethene (ethylene) is 0.275 MWh per tonne of 100% equivalent ethene (ethylene (C2H4)) that is contained within ethene that:

                     (a)  has a concentration of ethene (ethylene (C2H4)) equal to or greater than 99%; 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 24Production of polyethylene

Division 1Production of polyethylene

668  Production of polyethylene

             (1)  The production of polyethylene is the chemical transformation of ethene (ethylene (C2H4)) to produce polyethylene with a standard density equal to or greater than 0.910 g/cm3.

             (2)  The production of polyethylene is specified as an emissions‑intensive trade‑exposed activity.

             (3)  For this Part:

standard density, for polyethylene, means the density of polyethylene moulded to a thickness of 1.9 mm using Procedure C of Annex A1 to ASTM D4703, as in force from time to time.

Division 2Classification of activity

669  Classification of activity

                   The production of polyethylene is a moderately emissions‑intensive activity.

Division 3Electricity baseline for calculating exemption

670  Electricity baseline for product

                   The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of polyethylene is 0.646 MWh per tonne of pelletised polyethylene that:

                     (a)  has a standard density equal to or greater than 0.910 g/cm3; 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 25Production of synthetic rutile

Division 1Production of synthetic rutile

671  Production of synthetic rutile

             (1)  The production of synthetic rutile is the chemical transformation of ilmenite ore (ore containing FeTiO3) through the reduction of iron oxides in order to increase the titanium dioxide (TiO2) concentration to produce synthetic rutile that:

                     (a)  has a titanium dioxide (TiO2) concentration equal to or greater than 88% and less than 95.5%; and

                     (b)  has an iron (Fe) concentration greater than 0.5%.

             (2)  The production of synthetic rutile is specified as an emissions‑intensive trade‑exposed activity.

Division 2Classification of activity

672  Classification of activity

                   The production of synthetic rutile is a highly emissions‑intensive activity.

Division 3Electricity baseline for calculating exemption

673  Electricity baseline for product

                   The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of synthetic rutile is 0.304 MWh per tonne of synthetic rutile that:

                     (a)  has a titanium dioxide (TiO2) concentration equal to or greater than 88% and less than 95.5%; and

                     (b)  has an iron (Fe) concentration greater than 0.5%; 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.

Part 26Production of manganese

Division 1Production of manganese

674  Production of manganese

             (1)  The production of manganese is any of the following:

                     (a)  the physical and chemical transformation of manganese (Mn) ore into manganese sinter (Mn3O4) that has a concentration of manganese equal to or greater than 40%;

                     (b)  the physical and chemical transformation of either or both of manganese ore and manganese sinter into either or both of the following:

                              (i)  ferromanganese alloy that has a concentration of manganese equal to or greater than 67%;

                             (ii)  silicomanganese alloy that has a concentration of:

                                        (A)  manganese equal to or greater than 60%; and

                                        (B)  silicon (Si) equal to or greater than 12%.

             (2)  The production of manganese is specified as an emissions‑intensive trade‑exposed activity.

Division 2Classification of activity

675  Classification of activity

                   The production of manganese is a highly emissions‑intensive activity.

Division 3Electricity baseline for calculating exemption

676  Electricity baseline for product

             (1)  For the production of manganese sinter, the electricity baseline for calculating the amount of a liable entity’s exemption is 0.0300 MWh per tonne of manganese sinter that:

                     (a)  has a concentration of manganese equal to or greater than 40%; and

                     (b)  is produced by, or as part of, carrying on the emissions‑intensive trade‑exposed activity; and

                     (c)  is of saleable quality.

Note:          Saleable quality is defined in regulation 22C.

             (2)  For the production of ferromanganese alloy, the electricity baseline for calculating the amount of a liable entity’s exemption is 2.61 MWh per tonne of ferromanganese alloy that:

                     (a)  has a concentration of manganese equal to or greater than 67%; 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.

             (3)  For the production of silicomanganese alloy, the electricity baseline for calculating the amount of a liable entity’s exemption is 4.31 MWh per tonne of silicomanganese alloy that:

                     (a)  has a concentration of manganese equal to or greater than 60%; and

                     (b)  has a concentration of silicon (Si) equal to or greater than 12%; 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.

Part 27Production of clinker

Division 1Production of clinker

677  Production of clinker

             (1)  The production of clinker is the physical and chemical transformation of:

                     (a)  either or both of calcium carbonate compounds (limestone (CaCO3)) and other calcium carbonate (CaCO3) feedstocks; and

                     (b)  any of the following:

                              (i)  clay;

                             (ii)  clay mixed with 1 or more feedstocks that contain 1 or more of the following:

                                        (A)  silicon dioxide (SiO2);

                                        (B)  iron (Fe);

                                        (C)  aluminium oxide (alumina (Al2O3));

                            (iii)  1 or more feedstocks that, when combined, contain all of the following:

                                        (A)  silicon dioxide (SiO2); and

                                        (B)  iron (Fe); and

                                        (C)  aluminium oxide (alumina (Al2O3));

that are fused together at a temperature above 1000 °C into Portland cement clinker.

          (1A)  The production process may or may not involve the physical transformation of Portland cement clinker into cement through a process of comminution with gypsum or other additives. However, the process must involve the production of clinker as described in subclause (1).

             (2)  The Portland cement clinker must:

                     (a)  have a concentration of calcium silicates equal to or greater than 60%; and

                     (b)  have a concentration of magnesium oxide (MgO) equal to or less than 4.5%; and

                     (c)  be useable in the making of Portland cement.

             (3)  The production of clinker is specified as an emissions‑intensive trade‑exposed activity.

Division 2Classification of activity

678  Classification of activity

                   The production of clinker is a highly emissions‑intensive activity.

Division 3Electricity baseline for calculating exemption

679  Electricity baseline for product

                   The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of clinker is 0.1252 MWh per tonne of Portland cement clinker on a dry weight basis that:

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

                     (b)  has a concentration of calcium silicates equal to or greater than 60%; and

                     (c)  has a concentration of magnesium oxide (MgO) equal to or less than 4.5%; and

                     (d)  is useable in the making of Portland cement; and

                     (e)  is of saleable quality.

Note:          Saleable quality is defined in regulation 22C.

Part 28Production of lime

Division 1Production of lime

680  Production of lime

             (1)  The production of lime is the physical and chemical transformation, through the calcining process, of calcium and magnesium sources (such as calcium carbonate (CaCO3) and magnesium carbonate (MgCO3)) into lime that has a concentration of either or both of calcium oxide (CaO) and magnesium oxide (MgO) equal to or greater than 60%.

             (2)  The production of lime is specified as an emissions‑intensive trade‑exposed activity.

Division 2Classification of activity

681  Classification of activity

                   The production of lime is a highly emissions‑intensive activity.

Division 3Electricity baseline for calculating exemption

682  Electricity baseline for product

                   The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of lime is 0.0476 MWh per tonne of lime on a dry weight basis that:

                     (a)  has a concentration of either or both of calcium oxide (CaO) and magnesium oxide (MgO) equal to or greater than 60%; and

                     (b)  is not a relevant product for the emissions‑intensive trade‑exposed activity of integrated iron and steel manufacturing; and

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

                     (d)  is of saleable quality.

Note 1:       Relevant product is defined in regulation 22A.

Note 2:       Saleable quality is defined in regulation 22C.

Part 29Production of fused alumina

Division 1Production of fused alumina

683  Production of fused alumina

             (1)  The production of fused alumina is the physical transformation of alumina (aluminium oxide (Al2O3)) by heating it to its fusion point to produce fused alumina that:

                     (a)  has an alpha alumina crystalline structure; and

                     (b)  has a concentration of aluminium oxide equal to or greater than 99.0%.

             (2)  The production of fused alumina is specified as an emissions‑intensive trade‑exposed activity.

Division 2Classification of activity

684  Classification of activity

                   The production of fused alumina is a highly emissions‑intensive activity.

Division 3Electricity baseline for calculating exemption

685  Electricity baseline for product

                   The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of fused alumina is 2.03 MWh per tonne of fused alumina (aluminium oxide (Al2O3)) that:

                     (a)  has an alpha alumina crystalline structure; and

                     (b)  has a concentration of aluminium oxide equal to or greater than 99.0%; 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.

Part 30Production of copper

Division 1Production of copper

686  Production of copper

             (1)  The production of copper is either or both of the following:

                     (a)  the physical and chemical transformation of concentrated mineralised copper compounds into either or both of the following:

                              (i)  copper cathode that has a concentration of copper greater than 99.90%;

                             (ii)  copper anode that has a concentration of copper:

                                        (A)  equal to or greater than 99.00%; and

                                        (B)  equal to or less than 99.90%;

                     (b)  the physical and chemical transformation of copper anode into copper cathode that has a concentration of copper greater than 99.90% where the copper anode:

                              (i)  has a concentration of copper:

                                        (A)  equal to or greater than 99.00%; and

                                        (B)  equal to or less than 99.90%; and

                             (ii)  was not produced as part of the transformation in subparagraph (a)(i).

             (2)  For subclause (1), concentrated mineralised copper compounds include:

                     (a)  copper sulphide concentrates; and

                     (b)  copper electrolyte solution.

             (3)  The production of copper is specified as an emissions‑intensive trade‑exposed activity.

Division 2Classification of activity

687  Classification of activity

                   The production of copper is a highly emissions‑intensive activity.

Division 3Electricity baseline for calculating exemption

688  Electricity baseline for product

             (1)  For the production of copper cathode from concentrated mineralised copper compounds, the electricity baseline for calculating the amount of a liable entity’s exemption is 1.69 MWh per tonne of copper cathode that:

                     (a)  has a concentration of copper greater than 99.90%; and

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

                     (c)  is not transformed into copper cathode as part of the transformation mentioned in paragraph 686(1)(b); and

                     (d)  is of saleable quality.

Note:          Saleable quality is defined in regulation 22C.

             (2)  For the production of copper anode from concentrated mineralised copper compounds, the electricity baseline for calculating the amount of a liable entity’s exemption is 1.31 MWh per tonne of copper anode that:

                     (a)  has a concentration of copper:

                              (i)  equal to or greater than 99.00%; and

                             (ii)  equal to or less than 99.90%; and

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

                     (c)  is not subsequently transformed into copper cathode as part of the transformation mentioned in subparagraph 686(1)(a)(i); and

                     (d)  is of saleable quality.

Note:          Saleable quality is defined in regulation 22C.

             (3)  For the production of copper cathode from copper anode, the electricity baseline for calculating the amount of a liable entity’s exemption is 0.387 MWh per tonne of copper cathode that:

                     (a)  has a concentration of copper equal to or greater than 99.90%; and

                     (b)  is produced from copper anode that was not produced as part of the transformation mentioned in subparagraph 686(1)(a)(i); 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.

Part 31Production of carbamide (urea)

Division 1Production of carbamide (urea)

689  Production of carbamide (urea)

             (1)  The production of carbamide (urea (CO(NH2)2)) is the chemical transformation of carbon dioxide (CO2) and anhydrous ammonia (NH3) to produce carbamide solution (urea (CO(NH2)2(aq))) that:

                     (a)  has a concentration of carbamide (urea (CO(NH2)2)) equal to or greater than 80%; and

                     (b)  is subsequently used to produce either or both of:

                              (i)  carbamide solutions (urea (CO(NH2) 2(aq))); and

                             (ii)  saleable granulated, prilled or other solid forms of carbamide (urea (CO(NH2) 2(s))).

             (2)  The production of carbamide (urea) is specified as an emissions‑intensive trade‑exposed activity.

Division 2Classification of activity

690  Classification of activity

                   The production of carbamide (urea) is a moderately emissions‑intensive activity.

Division 3Electricity baseline for calculating exemption

691  Electricity baseline for product

                   The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of carbamide (urea) is 0.285 MWh per tonne of 100% equivalent carbamide (urea (CO(NH2)2)) on a dry weight basis that is:

                     (a)  contained within either of the following products:

                              (i)  carbamide solutions (urea (CO(NH2)2(aq)));

                             (ii)  saleable, granulated, prilled or other solid forms of carbamide (urea (CO(NH2)2(s))); and

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

                     (c)  of saleable quality.

Note:          Saleable quality is defined in regulation 22C.

Part 32Production of sodium carbonate (soda ash) and sodium bicarbonate

Division 1Production of sodium carbonate (soda ash) and sodium bicarbonate

692  Production of sodium carbonate (soda ash) and sodium bicarbonate

             (1)  The production of sodium carbonate (soda ash) and sodium bicarbonate is the chemical and physical transformation of calcium carbonate (CaCO3), sodium chloride (salt (NaCl)), ammonia (NH3) and carbon bearing materials (such as coke) into 1 or more of the following:

                     (a)  light sodium carbonate (light soda ash (Na2CO3)) which has a concentration of sodium carbonate (soda ash (Na2CO3)) equal to or greater than 98.0%;

                     (b)  dense sodium carbonate (dense soda ash (Na2CO3)) which has a concentration of sodium carbonate (soda ash (Na2CO3)) equal to or greater than 97.5%;

                     (c)  refined sodium bicarbonate (NaHCO3) which has a concentration of sodium bicarbonate (NaHCO3) equal to or greater than 95.0%.

             (2)  The production of sodium carbonate (soda ash) and sodium bicarbonate is specified as an emissions‑intensive trade exposed activity.

Division 2Classification of activity

693  Classification of activity

                   The production of sodium carbonate (soda ash) and sodium bicarbonate is a highly emissions‑intensive activity.

Division 3Electricity baseline for calculating exemption

694  Electricity baseline for product

                   The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of sodium carbonate (soda ash) and sodium bicarbonate is 0.130 MWh per tonne of 1 or more of the following:

                     (a)  light sodium carbonate (light soda ash (Na2CO3)) that:

                              (i)  has a concentration of sodium carbonate (soda ash (Na2CO3)) equal to or greater than 98.0%; and

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

                            (iii)  is of saleable quality;

                     (b)  dense sodium carbonate (dense soda ash (Na2CO3)) that:

                              (i)  has a concentration of sodium carbonate (soda ash (Na2CO3)) equal to or greater than 97.5%; and

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

                            (iii)  is of saleable quality;

                     (c)  refined sodium bicarbonate (NaHCO3) that:

                              (i)  has a concentration of sodium bicarbonate (NaHCO3) equal to or greater than 95.0%; and

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

                            (iii)  is of saleable quality.

Note:          Saleable quality is defined in regulation 22C.

Part 33Production of ammonia

Division 1Production of ammonia

695  Production of ammonia

                   The production of ammonia is the chemical transformation of hydrocarbons (or other hydrogen feedstock) to hydrogen (H2) that is subsequently reacted with nitrogen (N2) to produce anhydrous ammonia (NH3) that has a concentration of ammonia (NH3) equal to or greater than 98%.

Division 2Classification of activity

696  Classification of activity

                   The production of ammonia is a highly emissions‑intensive activity.

Division 3Electricity baseline for calculating exemption

697  Electricity baseline for product

                   The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of ammonia is 0.224 MWh per tonne of 100% equivalent anhydrous ammonia (NH3) contained within anhydrous ammonia that:

                     (a)  has a concentration of ammonia equal to or greater than 98%; 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 34Production of ammonium nitrate

Division 1Production of ammonium nitrate

698  Production of ammonium nitrate

                   The production of ammonium nitrate is the chemical transformation of anhydrous ammonia (NH3) to ammonium nitrate solution (NH4NO3(aq)) that has a concentration of ammonium nitrate (NH4NO3) equal to or greater than 60%.

Division 2Classification of activity

699  Classification of activity

                   The production of ammonium nitrate is a highly emissions‑intensive activity.

Division 3Electricity baseline for calculating exemption

700  Electricity baseline for product

                   The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of ammonium nitrate is 0.114 MWh per tonne of 100% equivalent ammonium nitrate (NH4NO3) contained within ammonium nitrate solution (NH4NO3(aq)) that:

                     (a)  has a concentration of ammonium nitrate (NH4NO3) equal to or greater than 60%; and

                     (b)  is produced by carrying on the emissions‑intensive trade‑expose