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VICTORIAN RENEWABLE ENERGY AMENDMENT BILL 2009

           Victorian Renewable Energy
              Amendment Bill 2009

                        Introduction Print

              EXPLANATORY MEMORANDUM


                                 General
The Council of Australian Governments (COAG) agreed to the expansion of
the Commonwealth's Renewable Energy Target (RET) scheme at its meeting
on 30 April 2009. Amendments to implement this agreement have been
enacted by the Commonwealth Parliament pursuant to the Renewable Energy
(Electricity) Amendment Act 2009.
The Bill amends the Victorian Renewable Energy Act 2006 to support the
transition of the Victorian Renewable Energy Target (VRET) scheme to the
Commonwealth's expanded RET scheme.

                              Clause Notes
Clause 1   sets out the main purpose of the Bill.

Clause 2   provides for the commencement of the Bill on a day or days to
           be proclaimed. The clause does not specify a default
           commencement date because the Bill implements a transition to
           the Commonwealth's Renewable Energy Target (RET) scheme.
           The non inclusion of a default commencement date is needed to
           provide for maximum flexibility to ensure that the Bill
           commences on the same day or days as the relevant provisions of
           the Renewable Energy (Electricity) Amendment Act 2009 of the
           Commonwealth.

Clause 3   sets out that the Victorian Renewable Energy Act 2006 is the
           Principal Act to be amended by the Bill.

Clause 4   amends section 12 of the Principal Act to provide that
           applications for provisional accreditation for a power station can
           not be made after the commencement of section 4 of the
           Victorian Renewable Energy Amendment Act 2009.




561422                                1       BILL LA INTRODUCTION 1/9/2009

 


 

Clause 5 amends section 15 of the Principal Act to provide that applications for accreditation for a power station can not be made after the commencement of section 5 of the Victorian Renewable Energy Amendment Act 2009. Clause 6 amends section 26(1)(b) of the Principal Act to provide that certificates for renewable electricity generated by an accredited power station may only be created for renewable electricity generated on or before 31 January 2010. Clause 7 substitutes a new section 27 of the Principal Act to provide-- · for electricity generated by an accredited power station before 1 January 2009, that certificates may be created before the end of the year after the year in which that electricity was generated as is allowed under the existing section 27; and · for electricity generated by an accredited power station on and after 1 January 2009, a certificate must be created before 1 July 2010. To avoid doubt, new section 27(2) clarifies that new section 27(1)(b) is intended to have retrospective effect in relation to electricity generated before the commencement of clause 7 of the Bill. Clause 8 amends section 30 of the Principal Act to provide that certificates related to the installation of a small generation unit may only be created before 1 February 2010. Clause 9 amends section 37 of the Principal Act to provide that certificates may only be created for electricity generated by an accredited power station before 1 February 2010 or for a small generation unit installed before 1 February 2010. Clause 10 amends section 61(2) of the Principal Act to remove the prohibition on relevant entities from having a renewable energy certificate shortfall in respect of the year 2010 and every year thereafter. Clause 11 substitutes the table in section 66(1) of the Principal Act to remove redundant entries related to renewable energy targets under VRET for the year 2010 and every year thereafter. Clause 12 amends section 114 of the Principal Act to give the Minister discretion to cause an independent review of the Act to be undertaken given the early termination of the scheme by the expansion of the Commonwealth's RET scheme. 2

 


 

Clause 13 repeals redundant provisions under Part 14 of the Principal Act and inserts a new Part 14 into the Principal Act dealing with transitional provisions. New section 115(1) provides that undertakings under section 9(2) given by an applicant for registration under section 8 will have effect as if they have been given in the form provided under clause 1 of the Schedule as amended by clause 14 of the Bill. New section 115(2) provides that undertakings under section 9(3) given by an applicant for registration under section 8 will have effect as if they have been given in the form provided under clause 2 of the Schedule as amended by clause 14 of the Bill. New section 115(3) provides that undertakings under section 16(3) given by an applicant for accreditation of a power station under section 15 will have effect as if they have been given in the form provided under clause 3 of the Schedule as amended by clause 15 of the Bill. New section 115(4) provides that undertakings under section 16(4) given by an applicant for accreditation of a power station under section 15 will have effect as if they have been given in the form provided under clause 4 of the Schedule as amended by clause 15 of the Bill. Clause 14 amends undertakings under clauses 1 and 2 of the Schedule to the Principal Act to provide that a person registered under the VRET scheme may not create Commonwealth certificates in relation to a small generation unit before 1 February 2010. Clause 15 amends undertakings under clauses 3 and 4 of the Schedule to the Principal Act to provide that a nominated person for an accredited power station under the VRET scheme may not create Commonwealth certificates for electricity generation that occurs before 1 February 2010 using VRET scheme capacity. Clause 16 provides for the automatic repeal of the Bill on the first anniversary of the first day on which all of the Bill's provisions are in operation. The repeal of this Bill does not effect in any way the operation of the amendments made by this Bill (see section 15(1) of the Interpretation of Legislation Act 1984). 3

 


 

 


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