Commonwealth Numbered Regulations - Explanatory Statements

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RENEWABLE ENERGY (ELECTRICITY) AMENDMENT REGULATIONS 2007 (NO. 3) (SLI NO 336 OF 2007)

 

 

EXPLANATORY STATEMENT   Select Legislative Instrument 2007 No. 336    

(ISSUED BY AUTHORITY OF THE MINISTER FOR THE ENVIRONMENT AND WATER RESOURCES)

  Renewable Energy (Electricity) Act 2000

 

Renewable Energy (Electricity) Amendment Regulations 2007 (No. 3)

 

The Renewable Energy (Electricity) Act 2000 (the Act) establishes a scheme to encourage additional electricity generation from eligible renewable energy sources. This is known as the Mandatory Renewable Energy Target scheme. The scheme creates a guaranteed market for an additional 9,500 gigawatt hours of renewables-based electricity by 2010.

 

Section 161 of the Act provides, in part, that the Governor-General may make regulations prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to the Act.

 

The Renewable Energy (Electricity) Amendment Act 2006 (the Amending Act), amended the Act to implement the Government’s agreed response to the independent review which was undertaken in accordance with provisions in the Act two years after its commencement. The Amending Act commenced by Proclamation on 11 September 2006. The Amending Act enhances market transparency and improves business certainty, provides increased opportunities for solar and bioenergy technologies, and improves the operational effectiveness and efficiency of the Act.

 

The Renewable Energy (Electricity) Regulations 2001 (the Principal Regulations) provide an administrative framework to implement the Act in relation to power station accreditation, eligibility requirements for renewable energy sources, eligibility requirements for solar water heaters and small generation units, and calculation methods for determining the number of renewable energy certificates.

 

The Regulations amend the Principal Regulations to support the changes made by the Amending Act by:

§         clarifying the meanings of eligible renewable energy sources and sources that are not eligible renewable energy sources;

§         clarifying the eligibility criteria relevant to the treatment of native forest wood waste;

§         redefining plantations as energy crops and broaden the definition of municipal solid waste;

§         providing details for a register of solar water heaters;

§         clarifying the arrangements in respect to when a solar water heater and small generation unit is taken to have been installed;

§         clarifying the arrangements in respect to claiming renewable energy certificates for solar water heaters and small generation units;

§         clarifying the circumstances under which the Regulator can suspend an accredited power station;

§         clarifying the circumstances under which a variation of 1997 eligible renewable power baselines is possible;

§         clarifying the components for a power station and calculation of the electricity generation for a power station;

§         clarifying the determination of fees for the surrender of renewable energy certificates and the provisional accreditation of power stations; and

§         allowing for reforms in the National Electricity Market.

 

Details of the Regulations are set out in the Attachment.

 

Extensive consultation was undertaken during the 2003 Tambling review of the Mandatory Renewable Energy Target.

 

The Act specifies no conditions that need to be satisfied before the power to make the Regulations may be exercised.

 

The Regulations would be a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

Regulations 1 – 3 and Schedule 1 to the Regulations commence on the day after the Regulations are registered on the Federal Register of Legislative Instruments. Schedule 2 to the Regulations commence on the day beginning 30 days after the commencement of Schedule 1 to the Regulations.

 

Authority: Section 161 of the Renewable Energy (Electricity) Act 2000.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attachment

 

Details of the Renewable Energy (Electricity) Amendment Regulations 2007 (No. 3)

 

The details of the Regulations are as follows:

 

Regulation 1Name of Regulations

 

This provides that the name of the Regulations is the Renewable Energy (Electricity) Amendment Regulations 2007 (No. 3).

 

Regulation 2 – Commencement

 

This provides for regulations 1 to 3 and Schedule 1 to commence on the day after the Regulations are registered.

 

This regulation also provides for Schedule 2 to commence 30 days after the commencement of Schedule 1.

 

Regulation 3 – Amendment of the Renewable Energy (Electricity) Regulations 2001

This regulation provides for Schedule 1 and Schedule 2 of the Regulations to amend the Renewable Energy (Electricity) Regulations 2001 (the Principal Regulations).

Schedule 1 - Amendments commencing on registration

Item 1 –          Subregulation 3 (1), definition of auxiliary loss

1.      This item substitutes the definition of “auxiliary loss” to state that it has the meaning given in regulation 3B (inserted by item 9 below).

Item 2 –          Subregulation 3 (1), definition of bioenergy

2.      This item substitutes a definition of the term “bioenergy” for the purposes of the Act.

Item 3 –          Subregulation 3 (1), definition of biomass

 

3.      This item amends the definition of “biomass” to remove “solid”. This removes an unnecessary constraint on the meaning of “biomass”.

Item 4 –          Subregulation 3 (1), definition of national electricity market

4.      This item allows for reforms in the energy market by substituting the term National Electricity Code with the term National Electricity Rules for the purposes of the regulations also ensures consistency with the terms used in the Renewable Energy (Electricity) Act 2000 (the Act).

Item 5 –          Subregulation 3 (1), definition of NEM standard metering

5.      Similar to Item 4, this item substitutes the term National Electricity Code with the term National Electricity Rules for the purposes of the regulations. This item allows for reforms in the energy market and ensures consistency with the terms used in the Act.

Item 6 –          Subregulation 3 (1), after definition of NEM standard metering

6.      This item inserts a definition of “network control ancillary services” for the purposes of the Regulations and allows for reforms in the energy market.

Item 7 –          Subregulation 3 (1), after definition of regional forest agreement

7.      This item inserts a definition of the “Register of solar water heaters” for the purposes of the Act. Regulation 19C (inserted by item 22 below) provides further details on the Register of solar water heaters.

Item 8 –          Subregulation 3 (1), after definition of territorial sea

8.      This item inserts a definition of forest thinnings as referred to in regulation 8. This can include material such as biomass from a forest removed to maintain forest health and an actively growing forest.

Item 9 –          After regulation 3A

9.      This item inserts a new regulation 3B into the Principal Regulations which defines “auxiliary loss” to include electricity used in generating electricity and operating and maintaining the power station as auxiliary loss, but exclude electricity used for network control ancillary services.

10.  This item also clarifies that auxiliary loss for a hydro-electric power station also includes electricity used to pump or raise water before its release for electricity generation.

Item 10 –       Paragraph 4 (1) (a)

11.  This item substitutes paragraph 4(1)(a) to clarify the metering requirements relating to power stations in the national electricity market.

Item 11 –       Paragraph 4 (1) (b)

12.  This item corrects a minor error in drafting.

Item 12 –       Subregulation 4 (2)

13.  This item substitutes subregulation 4(2) to clarify that Schedule 1 sets out the guidelines for determining which components of an electricity generation system are taken to be part of a power station for the purposes of subsection 14(4) of the Act.

Item 13 –       Regulation 5, at the foot

14.  This item inserts a note to bring to the attention of readers of the Principal Regulations section 30F of the Act and Division 2.6 (see Division 2.6 inserted by item 29 below) in relation to varying the 1997 eligible renewable power baseline for an accredited power station.

Item 14 –    Regulations 6, 7, 8 and 9

15.  This item substitute regulations 6 and 7 to set out the meaning of certain energy sources that are eligible renewable energy sources as listed in subsection 17(1) of the Act and set out the meaning of certain energy sources that are not eligible renewable energy sources for the purposes of the Act.

16.  For the purposes of subsections 17(3) and (4) of the Act, regulation 6 provides meanings of certain energy sources that are eligible renewable energy sources. This item clarifies the meaning of agricultural waste, black liquor, hot dry rock, landfill gas, sewage gas and wastes from processing of agricultural processing.

17.  This item also clarifies that biomass-based components of municipal solid waste are those that may be sourced from, or eligible to be disposed in, a licensed landfill or licensed transfer station. Municipal solid waste does not include the biomass components of wastes not eligible for disposal in a licensed landfill or transfer station, such as medical or hazardous wastes.

18.  This item also clarifies that municipal solid waste does not include biomass wastes originating from forestry or broad acre clearing for agriculture, silviculture and horticulture operations or waste products derived from fossil fuels.

19.  Regulation 7 clarifies the meaning certain energy sources listed in subsection 17(3) of the Act that are not eligible renewable energy sources. For example, fossil fuels and waste products from fossil fuels.

20.  Regulation 8 has also been redrafted by this item to define wood waste for the purposes of subsection 17(1) of the Act. The policy intent of this revised regulation 8 is consistent with the previous drafting of regulation 8. Minor additions have been made to the definition of wood waste to clarify that all waste from post–harvest wood processing operations is eligible as wood waste and to change the definition of ecologically sustainable forestry management to be made consistent with the National Forest Policy Statement 1992.

21.  Explanatory text relating to plantation wood wastes has been removed from this regulation because biomass from plantations is now to be considered under regulation 9.

22.  Regulation 8 also outlines the conditions necessary for wood waste to be considered eligible as an eligible renewable energy source and the conditions that must be met for wood products to be considered as eligible wood waste for the purposes of the Act.

23.  The regulation covers native forest wood wastes and other wood waste derived from wood products and control or eradication of non-native environmental weed species.

Eligible wood wastes

24.  Paragraphs 8(1)(a) to (e) clarifies the wood wastes which are eligible.

25.  Paragraph 8(1)(a) clarifies that biomass sourced from harvesting operations to control or eradicate non-native environmental weed species, where the Commonwealth, State or Territory Government has approved the harvesting, is eligible.

26.  Paragraph 8(1)(b) clarifies that manufactured wood products or by-products of the manufacturing of wood products is eligible. For example, wood pallets, wood packing cases or engineered wood products which can include products manufactured by binding wood strands, wood particles, wood fibres or wood veneers with adhesives to form a composite is eligible. To avoid doubt, all waste from post–harvest wood processing operations is eligible.

27.  Paragraph 8(1)(c) clarifies that waste products from the construction of buildings or furniture, including wood off-cuts produced from these processes or timber from demolished buildings would be eligible.

28.  Paragraph 8(1)(d) clarifies that sawmill residues, for example, sawdust, are eligible.

Native forest wood waste

29.  Paragraph 8 (1) (e) stipulates that biomass from a native forest must meet all of the requirements in subregulation 8 (2) to be eligible.

30.  Paragraph 8(2)(a) clarifies that where the wood waste is sourced from a native forest, the biomass used for energy production, if it is to be eligible under the Act, must be sourced from a harvesting operation for which the primary purpose of the harvesting was not to source biomass for energy production.

31.  Subparagraph 8(2)(b)(i) clarifies that the wastes must be a by-product from a harvesting operation where the primary purpose of the harvesting is a high value process. High value processes producing high value products from native forests are defined in subregulation 8(4) as sawlogs, veneer, poles, piles, girders, wood for carpentry or craft uses or oil products. Subregulation 8(4) also contains a definition of ecologically sustainable forestry management (ESFM) principles. This definition has been changed to reflect the definition in the National Forest Policy Statement 1992.

32.  To meet the high value test, the person claiming renewable energy certificates in respect of native forest biomass must be able to demonstrate that the harvesting produced higher rates of financial return from the high value products than for products not defined as high value products, as required by subregulation 8(4). That is, 51% of the revenue from the products of the harvesting operation must be gained from the specified high value products in order for the wastes to be eligible.

33.  Subparagraph 8(2)(b)(ii) clarifies that biomass produced from harvesting operations in native forests which are necessary for the management of the forest in accordance with ESFM principles, such as coppicing and thinnings, can also be eligible. However, this provision would not apply to the more wide scale harvesting of the forest, which is covered under subparagraph 8(2)(b)(i).

34.  Paragraph 8(2)(c) clarifies that native forest wood waste which is eligible under paragraph 8(2)(b) must also be sourced from an area covered by a Regional Forest Agreement (RFA) and in accordance with the ESFM principles in the RFA covering that region. However, where the native forest is not covered by an RFA, the wood waste could be eligible if the harvesting meets all of the other specified eligibility requirements and the Minister for the Environment and Water Resources is satisfied that the harvesting has been conducted in accordance with ESFM principles which are consistent with those required by a RFA.

35.  Regulation 9, which is also revised by this item, specifies that biomass from a plantation is not to be considered an energy crop unless it is :

§         a product of a harvesting operation, which could include thinnings and coppicing, which has been approved under all relevant Commonwealth, State or Territory planning and approval processes; and

§         sourced from a plantation managed in accordance with Codes of Practice which have been approved by the Commonwealth under the authority of regulation 4B of the Export Control (Unprocessed Wood) Regulations or where there is not an approved Code of Practice, managed in accordance with the Australian Forestry Standard AS4708 2007; and

§         sourced from a plantation which was not established on land cleared of native vegetation after 31 December 1989 for the purposes of establishing a plantation.

36.  This item also clarifies that biomass from a native forest is not an energy crop.

Item 15 –    Regulation 12

37.  This item removes regulation 12 which dealt with ineligible energy sources because it is now specified under regulation 7 (see item 14 above).

Item 16 –    Subdivision 2.3.1, heading

38.  This item substitutes a new title for Subdivision 2.3.1 to better reflect the content of Subdivision 2.3.1.

Item 17 –    Regulation 13

39.  This item clarifies that the amount of electricity generated by an accredited power station is worked out in accordance with regulations 14 to 16.

Item 18 –    Regulations 14 and 15

40.  This item clarifies that the definition of ‘TLEG’ means that all of the generator terminals of the accredited power station should be taken into account when determining the total electricity generated in that year.

41.  This item also clarifies that ‘FSL’ relates to electricity generated using energy sources that are not renewable energy sources.

42.  This item also stipulates the rounding procedure for amounts calculated using the formula in subregulation 14(1) that are not a whole MWh if the amount calculated is greater than one MWh.

43.  Regulation 15 clarifies the meaning of FSL in regulation 14 and removes a potential double subtraction of the FSL.

44.  This item also inserts a new regulation 15A which specifies the occasions when electricity should be omitted from all calculations when determining the amount of electricity generated by an accredited power station. Such occasions include if:

§         the electricity was generated using an eligible renewable energy source that is not ecologically sustainable; or

§         the electricity was not used to directly meet demand for electricity; or

§         the electricity has been generated in a power station where approval is required by a Commonwealth, State, Territory or local government authority and the nominated person for the power station is unable to give evidence of that approval.

Item 19 –    Regulation 17

45.  This item removes regulation 17 as provisions relating to interconnected power stations are now set out in section 30D of the Act.

Item 20 –    Regulation 18

46.  This item stipulates certain additional information that must be included in the electricity generation return for accredited power stations for the purposes of paragraph 20(2)(d) of the Act.

Item 21 –    Regulation 19

47.  This item specifies when a solar water heater is taken to be installed for the purposes of subsection 21(3) of the Act and clarifies that a solar water heater can only be installed once during the life of the unit for the purposes of creating certificates for that unit.

48.  This item also allows for a 60 day installation period for installing a solar water heater. The 60 day installation period commences when the first component of the solar water heater is installed and must be completed no more than 60 days later. This means that the tank component of an eligible solar water heater may be installed first and if the rest of the system is installed not more than 60 days later, then the solar water heater is eligible to create certificates as determined under new regulation19A (inserted by item 22 below).

49.  However, if installation is completed in a period longer than 60 days, the solar water heater is not eligible to create certificates.

50.  The note at the end of this item is a reminder that subsection 21(2) of the Act specifies that certificates may only be created within 12 months after the installation of the solar water heater.

Item 22 –    After regulation 19

51.  This item inserts new regulations 19A, 19B and 19C into the Principal Regulations.

52.  Regulation 19A clarifies, for the purposes of subsection 22(1) of the Act, that the number of certificates that may be created for a particular installation is set out in the Register of solar water heaters and is applicable to the solar water heater model, the zone in which the unit is installed, and period for which the model is valid.

53.  Subregulation 19B(1) specifies that the Regulator may make written determinations outlining the method used to determine the number of certificates for a particular model of solar water heater.

54.  Subregulation 19B(2) also specifies that in making the determination, the Regulator must have regard to relevant Australian Standards and methodology guidelines published by the Regulator on a website kept by the Regulator.

55.  Regulation 19C requires the Regulator to establish and keep a Register of solar water heaters and specifies the information that must be kept on the Register and that the Register must be accessible on a website kept by the Regulator. This regulation also provides a transitional period of 30 days for the information currently set out in Schedule 7 to the Regulations to be the information the Regulator must include in the Register of solar water heaters.

Item 23 –    Before regulation 20

56.  This item inserts a new regulation 19D into the Principal Regulations which clarifies when a small generation unit is taken to be installed and sets out the periods when certificates may be created in relation to a particular small generation unit.

57.  Subregulation 19D(2) specifies that certificates must be created within 12 months of installation of a small generation unit. If certificates are not created within 12 months of installation, no certificates can be created in relation to that unit.

58.  This item also specifies that certificates may be created for an initial one year or five year period for all small generation units. Further certificates may also be created at the start of each subsequent one year or five year period. If certificates are created for an initial one year period, at the start of the subsequent period, certificates may be created for a further one year period or a five year period. However, if certificates are initially created for a five year period, any subsequent certificates may only be created for a five year period.

59.  For solar (photovoltaic) small generation units, installed by an accredited designer and installer, certificates may be created for a one-off fifteen year period. If certificates are created for a solar (photovoltaic) small generation unit for the fifteen year period, no further certificates can be created for that unit.

Item 24 –    Regulation 20, heading

60.  This item substitutes a new heading for regulation 20 to better reflect the purpose of the regulation.

Item 25 –    Subregulation 20 (1)

61.  This item reflects amendments to the Act to clarify that certificates for small generation units may be created at different times during the life of the unit and not just when the unit installed.

Item 26 –    Paragraph 20 (1) (b)

62.  This item removes references to panel when referring to solar (photovoltaic) systems, so as not to restrict the types of photovoltaic systems that may be eligible to create certificates under this regulation.

Item 27 –       Subregulations 20 (6), (7) and (8)

63.  This item omits subregulations 20(6), (7) and (8) because the creation of certificates for small generation units is detailed in regulation 19D (inserted by item 23 above).

Item 28 –    After regulation 20

64.  This item inserts new regulations 20A and 20B.

65.  Regulation 20A clarifies that a right to create certificates for a small generation unit under regulation 19D may be assigned for a 1, 5 or 15 year period. At the end of a 1or 5 year assignment period, the right may be assigned again for a subsequent 1 or 5 year period. However, if a right to create certificates has been assigned for a 15 year period, no further assignment period applies. This is because subregulation 19D(3) specifies that where certificates have been created for a 15 year period, no additional right to create certificates arises.

66.  Regulation 20B specifies that a small generation unit that is a solar (photovoltaic) unit that has a kW rating between 10kW to 100kW and generates between 25 MWh and 250 MWh of electricity each year is a qualifying small generation unit for the purposes of subsection 23E(5) of the Act.

Item 29 –    After Division 2.3

67.  This item also inserts a new Division 2.4 (Solar water heater and small generation unit returns) into the Principal Regulations, which consists of new regulation 20C. New regulation 20C specifies the information that must be included in solar water heater and small generation unit returns.

68.  This item inserts a new Division 2.5 (Suspending accreditation of a power station) into the Principal Regulations, which consists of new regulation 20D. New regulation 20D outlines the circumstances for suspending accreditation of an accredited power station for the purposes of subsection 30E(5) of the Act.

69.  Regulation 20D sets out three specific circumstances underwhich the Regulator may suspend the accreditation of an accredited power station. Paragraph 20D(a) applies to the circumstance the power station no longer generates electricity using an eligible renewable energy source. Paragraphs 20D(b) and (c) apply to circumstances where the metering of electricity is such that it does not enable the Regulator to determine the amount of electricity generated by the power station.

70.  This item also inserts a new Division 2.6 (Varying 1997 eligible renewable power baseline for a power station), which consists of new regulations 20E and 20F.

71.  New regulation 20E specifies the circumstances under which the 1997 eligible power baseline for an accredited power station can be varied. Those circumstances include if one or more of three specific situations occurs under subregulation 20E (1) and the nominated person for the power station makes an application to the regulator as specified in subregulation 20E(3) and the Regulator decides that the 1997 eligible renewable power baseline should be varied.

72.  Subregulation 20E(1)also states that before making his or her decision on whether the baseline should be varied, the Regulator must consider the application and take into account, where applicable, the matters specified in subregulation 20E(4) which relate to varying the 1997 eligible renewable power baseline for a hydro-electric power station.

73.  Subregulation 20E(2) clarifies that the Regulator may, on his or her own initiative, vary the 1997 eligible renewable power baseline. Subregulation 20E(2) also specifies the situations when the 1997 eligible renewable power baseline may be varied and outlines the process that the Regulator is to follow when varying the 1997 eligible renewable power baseline under these circumstances.

74.  Subregulation 20E(3) sets out the formal requirements that a nominated person for an accredited power station must follow in requesting a variation of the 1997 eligible renewable power baseline for an accredited power station.

75.  Subregulation 20E(4) sets out several matters that the Regulator must consider in relation to a request to vary the 1997 eligible renewable power baseline for a hydro-electric power station.

76.  Regulation 20F sets out the requirements for the Regulator to advise the nominated person of his or her determination to vary or not to vary the 1997 eligible renewable power baseline for an accredited power station. This regulation also notes that a determination varying the 1997 renewable power baseline for an eligible power station is a reviewable decision under section 66 of the Act.

Item 30 –    Regulation 21

77.  This item clarifies how liable parties may conform to the metering requirements for the purpose of determining the amount of electricity acquired under a relevant acquisition under section 31 of the Act. It prescribes the point at which electricity must be metered or calculated in order to determine the amount of the relevant acquisitions.

Item 31 –    Part 4, heading

78.  This item amends the title of Part 4 of the Principal Regulations to be consistent with Part 4 of the Act.

Item 32 –    Regulation 24

79.  This item creates the subregulation 24(1) to accommodate a further subregulation 24(2) (inserted by item 38 below).

Item 33 –    Paragraph 24 (c)

80.  This item removes a redundant requirement for annual energy acquisition statements, as liable entities are not given a registration number.

Item 34 –    Paragraph 24 (e)

81.  This item clarifies that an annual energy acquisition statement must set out how a liable entity calculated its renewable energy certificate shortfall.

Item 35 –    Paragraph 24 (g)

82.  This item amends the Principal Regulations to be consistent with the revised numbering of the Act.

Item 36 –    Subparagraphs 24 (h) (iii), (iv) and (v)

83.  This item clarifies the liable entity contact information which must be provided in an annual energy acquisition statement.

Item 37 –    After paragraph 24 (h)

84.  This item sets out additional information which must be provided in an energy acquisition statement. It clarifies the information required by the Regulator to properly track the surrender of renewable energy certificates.

Item 38 –    Regulation 24

85.  This item inserts new subregulations 24(2) and (3) which set out how energy acquisition statements are to be lodged with the Regulator.

Item 39 –    Regulation 25

86.  This item creates the subregulation 25 (1) to accommodate a further subregulation 25(2) (inserted by item 41 below).

Item 40 –    Paragraph 25 (c)

87.  This item sets out additional information which must be provided in an annual renewable energy shortfall statement.

Item 41 –    Regulation 25

88.  This item inserts new subregulations 25(2) and (3) which set out how renewable energy shortfall statements are to be lodged with the Regulator.

Item 42 –    Subregulation 28 (2)

89.  This item substitutes subregulation 28(2) to provide a fee for provisional accreditation of a power station that is the same as the fee for an application for accreditation of a power station.

Item 43 –    Subregulation 28 (3)

90.  This item substitutes subregulation 28(3) to clarify the fee for registration of certificates.

Item 44 –    Subregulation 28 (5), except the note

91.  This item clarifies how to calculate the administration fee in relation to a single certificate surrendered against a renewable energy shortfall charge within the allowable refund period.

Item 45 –    Regulation 29

92.  This item omits regulation 29 which specifies how the Regulator’s remuneration and allowances are to be calculated as the Act now specifies that the Regulator is to be paid the remuneration determined by the Remuneration Tribunal.

Item 46 –    Schedule 1, heading

93.  This item amends the heading of Schedule 1 to be consistent with subregulation 4(2).

Item 47 –    Schedule 1, subclause 1.1

94.  This item amends subclause 1.1 to be consistent with subregulation 4(2) by clarifying that subclause 1.1 refers to the components of an electricity generation system that is referred to by the Act.

Item 48 –    Schedule 1, subclause 1.2, including the note

95.  This item amends subclause 1.2 to be consistent with the Act.

Item 49 –    Schedule 1, subclauses 1.3, 1.4 and 1.5

96.  This item amends subclauses 1.3 and 1.5 to be consistent with the Act.

97.  This item also clarifies in subclause 1.4 that a long-term 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.

98.  This item also clarifies that Schedule 1 sets out the components of an electricity generation system that may be taken to be part of a power station for the purposes of the Act.

99.  Subclause 1.5 clarifies that the list of components referred to in clauses 2–10 is not an exhaustive list.

Item 50 –    Schedule 1, subclause 2.1

100.    This item amends the subclause 2.1 to be consistent with subregulation 4(2).

Item 51 –    Schedule 1, paragraph 2.1 (j)

101.    This item clarifies that it is a piece of equipment, rather than a process, that may comprise a component of an electricity generation system.

Item 52 –    Schedule 1, paragraph 2.1 (o)

102.    This item clarifies that it is a piece of equipment, rather than a process, that may comprise a component of an electricity generation system.

Item 53 –    Schedule 1, paragraph 2.1 (q)

103.    This item clarifies that it is a piece of equipment, rather than a process, that may comprise a component of an electricity generation system.

Item 54 –    Schedule 1, subclause 3.1

104.    This item amends the subclause 3.1 to be consistent with subregulation 4(2).

Item 55 –    Schedule 1, subclause 4.1

105.    This item amends the subclause 4.1 to be consistent with subregulation 4(2).

Item 56 –    Schedule 1, paragraph 4.1 (h)

106.    This item clarifies that it is a piece of equipment, rather than a process, that may comprise a component of an electricity generation system.

Item 57 –    Schedule 1, subclause 5.1

107.    This item amends the subclause 5.1 to be consistent with subregulation 4(2).

Item 58 –    Schedule 1, paragraph 5.1 (e)

108.    This item clarifies that it is a piece of equipment, rather than a process, that may comprise a component of an electricity generation system.

Item 59 –    Schedule 1, subclause 6.1

109.    This item amends the subclause 6.1 to be consistent with subregulation 4(2).

Item 60 –    Schedule 1, paragraphs 6.1 (d) and (e)

110.    This item clarifies that it is a piece of equipment, rather than a process, that may comprise a component of an electricity generation system.

Item 61 –    Schedule 1, subclause 7.1

111.    This item amends the subclause 7.1 to be consistent with subregulation 4(2).

Item 62 –    Schedule 1, subclause 8.1

112.    This item amends the subclause 8.1 to be consistent with subregulation 4(2).

Item 63 –    Schedule 1, subclause 10.1

113.    This item amends the subclause 10.1 to be consistent with subregulation 4(2).

Item 64 –    Schedule 2

114.    This item removes redundant Schedule 2 as the grounds for suspending a power station’s accreditation are set out in Division 11 of Part 2 the Act.

Item 65 –    Schedule 3, heading

115.    This item amends the heading of Schedule 3 to be consistent with regulation 5 by claryfying that Schedule 3 relates to determining the 1997 eligible renewable power baseline for a power station.

Item 66 –    Schedule 3, clause 1

116.    This item stipulates three circumstances where the renewable power baseline for a power station is nil.

117.    Paragraph 1.1(a) applies to power stations that were generating electricity from energy sources that were not eligible renewable energy sources prior to 1 January 1997, but began generating electricity from an eligible renewable energy source on or after that date.

118.    Paragraph 1.1(b) applies to power stations that began generating electricity for the first time on or after 1 January 1997, and all or part of the electricity was generated from an eligible renewable energy source.

119.    Paragraph 1.1(c) applies to power stations 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.

Item 67 –    Schedule 3, subclause 2.1

120.    This item clarifies that the electricity mentioned in subclause 2.1 refers only to electricity generated from an eligible renewable energy source.

Item 68 –    Schedule 3, subclause 2.2

121.    This item clarifes that the electricity mentioned in subclause 2.2 refers only to electricity generated from an eligible renewable energy source.

Item 69 –    Schedule 3, subclause 2.3

122.    This item clarifies that the electricity mentioned in subclause 2.3 refers only to electricity generated from an eligible renewable energy source.

123.    This item also replaces references to “the registered person” with “the nominated person” to be consistent with the Act.

124.    This item also clarifies that modelling carried out for the purposes of subclause 2.3 should be based on fuel use, plant capacity and plant technology.

125.    Paragraph 2.3(a) clarifies that where electricity has been generated using an eligible renewable energy source for at least 24 months from 1994–1996, the options set out in subparagraphs 2.3(a)(i) and 2.3(a)(ii) may both be applied by the Regulator.

126.    Similarly, paragraph 2.3(b) clarifies that where electricity has been generated using an eligible renewable energy source for less than 24 months from 1994–1996, the options set out in subparagraphs 2.3(b)(i) and 2.3(b)(ii) may both be applied by the Regulator.

Item 70 –    Schedule 3, subclause 2.4

127.    This item replaces the reference to “sold” with “generated” to be consistent with the Act. It also clarifies that the electricity mentioned in subclause 2.4 refers to electricity generated from an eligible renewable energy source.

Item 71 –    Schedule 3, subclause 3.1

128.    This item clarifies that clause 3 applies in relation to power stations that generate electricity using an eligible renewable energy source.

129.    This item also replaces references to “the registered person” with “the nominated person” to be consistent with the Act.

130.    Subclause 3.1A permits the Regulator to set a special baseline if the nominated person or the Regulator considers that a period other than the period from 1994–1996 would be more representative of the normal operational cycles of the power station, and if any of the conditions set out in subclause 3.2 are satisfied.

Item 72 –    Schedule 3, subclause 3.2

131.    This item clarifies that the 1997 eligible renewable power baseline mentioned in subclause 3.2 refers to the 1997 eligible renewable power baseline of a particular power station.

Item 73 –    Schedule 3, paragraph 3.2 (a)

132.    This item clarifies that the electricity mentioned in paragraph 3.2(a) refers only to electricity generated from an eligible renewable energy source.

Item 74 –    Schedule 3, paragraph 3.2 (aa)

133.    This item amends paragraph 3.2(aa) in relation to the “reference period”, to be consistent with clause 2.

Item 75 –    Schedule 3, paragraph 3.2 (b)

134.    This item amends paragraph 3.2(b) in relation to the “reference period”, to be consistent with clause 2.

Item 76 –    Schedule 3, paragraph 3.2 (c)

135.    This item replaces the reference to “the registered person” with “the nominated person” to be consistent with the Act.

Item 77 –    Schedule 3, paragraph 3.2 (d)

136.    This item clarifies that the electricity mentioned in paragraph 3.2(d) refers only to electricity generated from an eligible renewable energy source. This item amends paragraph 3.2(d) in relation to the “reference period”, to be consistent with clause 2.

Item 78 –    Schedule 3, paragraph 3.2 (e)

137.    This item amends paragraph 3.2(e) in relation to the “reference period”, to be consistent with clause 2. It also clarifies that the electricity mentioned in paragraph 3.2(e) refers only to electricity generated from an eligible renewable energy source.

Item 79 –    Schedule 3, paragraph 3.2 (f)

138.    This item clarifies that the electricity mentioned in paragraph 3.2(f) refers only to electricity generated from an eligible renewable energy source.

Item 80 –    Schedule 3, subclause 3.3

139.    This item would clarify that the 1997 eligible renewable power baseline mentioned in subclause 3.3 refers to the 1997 eligible renewable power baseline of a particular power station.

Item 81 –    Schedule 3, paragraph 3.3 (a)

140.    This item amends the redundant reference to “energy” in paragraph 3.3(a). It also clarifies it is only electricity generated from an eligible renewable energy source that is to be taken into account for the purposes of paragraph 3.3(a).

Item 82 –    Schedule 3, paragraph 3.3 (c)

141.    This item clarifies that the electricity mentioned in paragraph 3.3(c) refers only to electricity generated from an eligible renewable energy source.

Item 83 –    Schedule 3, paragraph 3.3 (d)

142.    This item clarifies that the electricity mentioned in paragraph 3.3(d) refers only to electricity generated from an eligible renewable energy source.

Item 84 –    Schedule 3, paragraph 3.3 (e)

143.    This item replaces the reference to “the registered person” with “the nominated person” to be consistent with the Act.

Item 85 –    Schedule 3, clauses 4 and 5

144.    This item removes redundant clauses 4 and 5 as provisions relating to interconnected power stations are set out in section 30D of the Act.

Item 86 –    Schedule 3, subclause 6.1

145.    This item removes the erroneous reference to “a” 1997 eligible renewable power baseline mentioned in subclause 6.1 with as each power station can have only one 1997 eligible renewable power baseline.

Item 87 –    After Schedule 3

146.    This item inserts a new Schedule 4 which specifies the relevant standards to which regard must be had when determining the number of certificates for a solar water heater.

Item 88 –    Schedule 5, heading

147.    This item amends the heading of Schedule 5 to be consistent with regulation 20B.

Item 89 –    Schedule 5, Part 2, heading

148.    This item amends the heading of Schedule 5 Part 2 to be consistent with paragraph 20(1)(b).

 

Schedule 2 - Amendment commencing 30 days after commencement of Schedule 1 to these regulations

 

Item 1 - Paragraph 3A (1) (a)

149. This item establishes that the Register of solar water heaters now lists eligible solar water heaters.

 

Item 2 - Schedule 7

150. This item removes redundant Schedule 7 that currently lists eligible solar water heater models. The Register of solar water heaters now lists eligible models.

 


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