Commonwealth Numbered Regulations Commonwealth Numbered Regulations
[1] Regulation 1.3
insert
"capacity factor" means the energy generated by a generating unit over a period of time, expressed as a percentage of the maximum energy that the unit could generate, if it operated continuously, at maximum capacity, over the same period.
[2] Regulation 1.3
insert
"liability transfer certificate" has the meaning given by section 5 of the Clean Energy Act 2011 .
[3] Regulation 1.3
insert
"operational control" has the meaning given by regulation 1.3A.
[4] Regulation 1.3
insert
"reporting transfer certificate" has the meaning given by section 7 of the National Greenhouse and Energy Reporting Act 2007 .
[5] Regulation 1.3
insert
"service factor" means the total operating hours of an electricity generating unit, expressed as a percentage of the total hours the electricity generating unit was available for operation.
Example of service factor
If an electricity generating unit was available for operation for 8 760 hours in a year and operated for 672 hours, its service factor would be 7.7%.
[6] After regulation 1.3
insert
1.3A Operational control
(1) A person has operational control of a facility if the person has the authority to introduce and implement one or more of the following policies for the facility:
(a) operating policies;
(b) health and safety policies;
(c) environmental policies.
(2) If more than one person could have operational control of a facility at the same time, the person who has the greatest authority to introduce and implement operating and environmental policies is taken to have operational control of the facility.
(3) However, if the Clean Energy Regulator has made a declaration under section 55 of the National Greenhouse Energy Act 2007 that a controlling corporation has operational control of a facility, that corporation is taken to have operational control of the facility.
[7] Regulation 1.4A, heading
substitute
1.4A User of energy--liability transfer or reporting transfer certificate issued
[8] Subregulation 1.4A (1)
substitute
(1) An entity to which a liability transfer certificate or reporting transfer certificate has been issued may ask the Secretary, in writing, to treat the entity as the user of energy to which the liability transfer certificate or reporting transfer certificate relates at a facility.
[9] Subregulation 1.4A (4)
omit everything before paragraph (a), insert
(4) If the certificate ceases to be in effect:
[10] Regulation 1.4B, heading
substitute
1.4B User of energy--liability transfer or reporting transfer certificate not issued (registered corporation or member of registered corporation's group)
[11] Paragraph 1.4B (1) (b)
substitute
(b) for which a liability transfer certificate or reporting transfer certificate has not been issued;
[12] Regulation 1.4C, heading
substitute
1.4C User of energy--liability transfer or reporting transfer certificate issued (not registered corporation or member of registered corporation's group)
[13] Paragraph 1.4C (1) (b)
substitute
(b) for which a liability transfer certificate or reporting transfer certificate has not been issued;
[14] After subregulation 2.3 (2)
insert
Note For a joint venture to which the National Greenhouse and Energy Reporting Regulations 2008 applies, it is recommended that a person nominated as a responsible entity under this regulation be the same person nominated under regulation 2.08 of the National Greenhouse and Energy Reporting Regulations 2008 for the joint venture.
[15] Subregulation 3.1 (2)
omit
reporting transfer certificate that has been issued to the applicant under subsection 22L (2) of the National Greenhouse and Energy Reporting Act 2007
insert
liability transfer certificate or reporting transfer certificate that has been issued to the applicant
[16] Paragraphs 3.1 (2) (a), (b) and (c)
omit
reporting transfer
[17] Subregulation 4.2 (2)
omit
reporting transfer certificate that has been issued to the applicant under subsection 22L (2) of the National Greenhouse and Energy Reporting Act 2007
insert
liability transfer certificate or reporting transfer certificate that has been issued to the applicant
[18] Paragraphs 4.2 (2) (a), (b) and (c)
omit
reporting transfer
[19] Subregulation 5.3 (8)
substitute
(8) Subject to subregulation (8A), the controlling corporation may omit from an assessment plan any electricity generating unit that:
(a) consumed less than 0.5 PJ during the baseline year; and
(b) has a capacity factor that is less than 10% for a year; and
(c) has a service factor that is less than 20% for a year.
(8A) Subregulation (8) does not apply if the total energy that would be omitted under that subregulation in relation to electricity generating units is more than 50% of the total energy use for the controlling corporation for the baseline year.
[20] Regulation 5.5, heading
substitute
5.5 Documents that registered corporation must give Secretary--liability transfer or reporting transfer certificate
[21] Paragraph 5.5 (1) (b)
omit
reporting transfer certificate issued to the registered corporation in accordance with section 22L of the National Greenhouse and Energy Reporting Act 2007 .
insert
liability transfer certificate or reporting transfer certificate issued to the registered corporation.
[22] Subregulation 5.5 (2), table
omit each mention of
reporting transfer
[23] Paragraph 5.6 (3) (c), after example 4
insert
5 Information about, or documents relating to, circumstances of hardship that inhibit the corporation from undertaking rigorous and comprehensive assessment.
6 Information about, or documents relating to, any electricity generating units omitted under subregulation 5.3 (8).
[24] Subparagraphs 5.7 (2) (a) (i) and (ii)
omit
; and
insert
; or
[25] Paragraph 9.2 (1) (a)
omit
reporting transfer certificate issued under subsection 22L (2) of the National Greenhouse and Energy Reporting Act 2007
insert
liability transfer certificate or reporting transfer certificate