Commonwealth Numbered Regulations Commonwealth Numbered Regulations
[1] Regulation 1.3
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In these Regulations:
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(1) In these Regulations:
[2] Regulation 1.3
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"commercial operation" has the meaning given by subregulation (2).
[3] Regulation 1.3
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"expansion" has the meaning given by subregulation (3).
[4] Regulation 1.3
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"future energy use" means the energy that a new development or expansion will use, on average and calculated on an annual basis, after commercial operation has commenced.
[5] Regulation 1.3
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multiple new developments or expansions means any of the following:
(a) 2 or more new developments;
(b) 2 or more expansions;
(c) any combination of new developments and expansions.
[6] Regulation 1.3
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network losses has the meaning given by subregulation (4)
[7] Regulation 1.3
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"new development" has the meaning given by subregulation (5).
[8] Regulation 1.3
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"project" includes a set of activities.
[9] Regulation 1.3
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(2) In these Regulations, a new development or expansion is taken to have commenced commercial operation if:
(a) minor operational issues have been finalised; and
(b) the operation of the new development or expansion has been optimised.
Examples that may indicate that commercial operation has commenced
1 Any plant or piece of equipment installed as part of the new development or expansion is producing a constant amount of product.
2 Any plant or piece of equipment installed as part of the new development or expansion has reached the level of production that the plant or equipment was designed to produce.
3 The board of the controlling corporation has formally agreed that the capital investment in the new development or expansion is operating as intended.
4 The board of the controlling corporation has indicated that the new development or expansion is operating as intended.
Example of optimised operation of equipment
After a piece of equipment has first been turned on, there will be small adjustments to the equipment that need to be made to make sure that the operation of the equipment is optimised. An example of this might be if a pump is pumping water to a piece of plant to keep it cool. The plant needs to be kept below 50 ºC . The pump was designed and installed to pump 150 L/s of water, which is keeping the plant at 35 ºC . The pump could be adjusted, to pump a lesser amount than 150 L/s, which would use less energy and increase the plant temperature to 45 ºC , which would still be below the critical temperature of 50 ºC .
(3) A project is an expansion if:
(a) it relates to an existing facility; and
(b) it is expected that additional energy use will be required by the facility when the project has commenced commercial operation; and
(c) there is an opportunity, in the design, commissioning or equivalent process for the project, to improve energy efficiency.
(4) The network losses of an entity are the difference between the amount of electricity or gas measured as entering the network of the entity and the electricity or gas measured as leaving the network of the entity:
(a) for consumption; or
(b) to enter another network.
(5) A project is a new development if:
(a) it is a project to construct a new facility or facilities; and
(b) there is an opportunity, in the design, commissioning or equivalent process for the project, to improve energy efficiency.
[10] Subregulation 1.5 (2)
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General meaning
(2) The energy used by an entity is worked out by:
(a) identifying the amount of all energy used by the entity, treating any network losses that result from the transmission and distribution of electricity and gas as energy used by the entity; and
(b) then adding the amount of estimated future use of energy by new developments or expansions mentioned in subregulations 5.3A (2) and (4); and
(c) then reducing the result by any amount calculated under subregulation (4).
[11] After regulation 5.3
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5.3A Assessments for new developments and expansions
(1) This regulation sets out principles relating to assessment plans for new developments and expansions.
Sites that use 0.5 PJ or more
(2) If the future energy use of a new development or expansion will be 0.5 PJ or more, the controlling corporation must prepare an assessment plan that includes a plan to assess the future energy use of the new development or expansion.
(3) Subregulation (2) ceases to apply to a new development or expansion if:
(a) the new development or expansion is discontinued; or
(b) the controlling corporation determines that the future energy use of the new development or expansion will not be 0.5 PJ or more.
Note For this regulation, discontinued includes any new development or expansion that is no longer being actively progressed. This includes projects that are on hold.
Multiple new developments and expansions with future energy use of 0.25 PJ or more, but less than 0.5 PJ etc.
(4) A controlling corporation must prepare an assessment plan that includes a plan to assess the future energy use of multiple new developments or expansions:
(a) if:
(i) the plan refers to a new development or expansion (the first new development or expansion ) whose design is not substantially the same as the design for previous new developments or expansions undertaken by the controlling corporation; and
(ii) the controlling corporation expects the design for one or more other new developments or expansions to be substantially the same as the design for the first new development or expansion; and
(iii) the future energy use of each new development or expansion will be 0.1 PJ or more, but less than 0.5 PJ; and
(iv) the total future energy use of the multiple new developments or expansions will be 0.5 PJ or more; or
Note The design of the first new development or expansion would be one that the controlling corporation:
(a) has not previously used; and
(b) proposes to use as a model or template for future new developments or expansions.
A design for a future new development or expansion is likely to be treated as 'substantially the same as' the design for the first new development or expansion if the difference in the design of the first new development or expansion and the future new development or expansion is less than 5%, measured by the cost of the changes to the design of the first new development or expansion.
(b) if:
(i) paragraph (a) does not apply; and
(ii) the future energy use of each new development or expansion will be 0.25 PJ or more but less than 0.5 PJ; and
(iii) the total future energy use of the multiple new developments or expansions will be 0.5 PJ or more.
(5) Subregulation (4) ceases to apply to multiple new developments or expansions if:
(a) one or more of the new developments or expansions is discontinued; and
(b) the controlling corporation determines that the total future energy use of the remaining multiple new developments or expansions will be less than 0.5 PJ.
Note For this regulation, discontinued includes any new development or expansion that is no longer being actively progressed. This includes projects that are on hold. Discontinued does not mean completed. It is intended that if a new development or expansion is completed, a controlling corporation would continue to assess any remaining new developments or expansions that constitute the multiple new developments or expansions, even if the sum of the remaining new developments or expansions would be less than 0.5 PJ.
(6) Subregulation (4) ceases to apply to multiple new developments or expansions if the controlling corporation determines that:
(a) the future energy use of one or more of the new developments or expansions will be less than the future energy use that was estimated; and
(b) the total future energy use of the multiple new developments or expansions will be less than 0.5 PJ.