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Tuesday, 10 October 2000
Page: 18205

Message received from the House of Representatives returning the Renewable Energy (Electricity) Bill 2000 and acquainting the Senate that the House has agreed to Senate amendments Nos 3, 4, 8 to 16 and 21, has disagreed to Senate amendments Nos 1, 2, 5 to 7, 17 to 20 and 22 to 24, but has made an amendment in place of amendment No. 24; and requests the reconsideration of the bill in respect of the amendments disagreed to and the concurrence of the Senate in the amendment made in place of amendment No. 24.

Ordered that the message be considered in committee of the whole immediately.

House of Representatives message—

SCHEDULE OF AMENDMENTS MADE BY THE SENATE TO WHICH THE HOUSE OF REPRESENT-ATIVES HAS DISAGREED:

(1) Clause 3, page 2 (lines 5 and 6), omit the first paragraph of the object/outline, substitute:

The objects of this Act are:

(a) to encourage the additional generation of electricity from renewable sources; and

(b) to reduce emissions of greenhouse gases; and

(c) to ensure that renewable energy sources are ecologically sustainable.

(2) Clause 5, page 3 (after line 22), after the definition of document, insert:

ecologically sustainable means that an action is consistent with the following principles:

(a) it enhances individual and community well-being and welfare by following a path of economic development that safeguards the welfare of future generations; and

(b) it provides for equity within and between generations; and

(c) it protects biological diversity and maintains essential processes and life-support systems; and

(d) it does not rely on lack of full scientific certainty as a reason for postponing use of a measure to prevent damage to the environment where there is a threat of serious or irreversible environmental damage.

(5) Clause 13, page 10 (after line 10), after paragraph (b), insert:

(ba) list:

(i) the eligible renewable power sources from which power is intended to be generated; and

(ii) the estimated average annual output of each source listed under subparagraph (i); and

(6) Clause 13, page 10 (after line 15), at the end of the clause, add:

(3) The Regulator must enter details of the application on the register of applications for accredited power stations.

(7) Clause 17, page 11 (lines 21 to 25), omit the clause, substitute:

17 What is an eligible renewable energy source?

(1) The following energy sources are eligible renewable energy sources:

(a) hydro;

(b) wind;

(c) solar;

(d) bagasse co-generation;

(e) black liquor;

(f) wood waste;

(g) energy crops;

(h) crop waste;

(i) food and agricultural wet waste;

(j) landfill gas;

(k) municipal solid waste combustion;

(l) sewage gas;

(m) geothermal-aquifer;

(n) tidal;

(o) photovoltaic and photovoltaic Renewable Stand Alone Power Supply systems;

(p) wind and wind hybrid Renewable Stand Alone Power Supply systems;

(q) micro hydro Renewable Stand Alone Power Supply systems;

(r) solar hot water.

(2) The following energy sources are not eligible renewable energy sources:

(a) fossil fuels;

(b) waste products derived from fossil fuels.

(3) The regulations may prescribe any matter necessary or convenient to give effect to this section.

(17) Clause 135, page 80 (line 8), at the end of the clause, add:

; (d) the register of applications for accredited power stations.

(18) Clause 140, page 83 (after line 9), after paragraph (d), insert:

(da) the eligible renewable energy source or sources of the electricity covered by the certificate; and

(19) Clause 141, page 83 (after line 14), at the end of the clause, add:

(3) Any addition to the register must be published on the Internet within 30 days after the Regulator registers a certificate.

(20) Page 83 (after line 14), at the end of Part 13, add:

Division 5—The register of applications for accredited power stations

141A Contents of register of applications for accredited power stations

The register of applications for accredited power stations is to contain:

(a) the name of each applicant for an accredited power station; and

(b) the location of the electricity generation system; and

(c) the eligible renewable energy source or sources proposed to be used by the power station; and

(d) any other information that the Registrar considers appropriate.

141B Form of register

(1) The register must be maintained by electronic means.

(2) The register is to be made available for inspection on the Internet.

(22) Page 94 (after line 14), after clause 160, insert:

160A Indexation

(1) If an amount is to be indexed under this section on an indexation day, this Act and the Renewable Energy (Electricity) Charge Act 2000 have effect as if the indexed amount were substituted for that amount on that day.

(2) The amount referred to in an item in the CPI Indexation Table below is to be indexed under this section every year on the indexation day specified in that item, occurring in or after 2002, by using the reference quarter in that item.

Item

Amount

Indexation day

Reference quarter

1

penalty charge under Part 9

1 February

December

(3) The indexed amount for an amount to be indexed is:

(a) the amount worked out by multiplying the amount to be indexed by the indexation factor for that amount; or

(b) if the amount worked out under paragraph (a) is not a multiple of 10 cents—that amount rounded down to the nearest multiple of 10 cents.

(3) Subject to subsections (5), (6) and (7), the indexation factor for an amount to be indexed on an indexation day is the amount worked out by using the formula:

Most recent index number

Previous index number

where:

index number, in relation to a quarter, means the All Groups Consumer Price Index number that is the weighted average of the 8 capital cities and is published by the Australian Statistician in respect of that quarter.

most recent index number means the index number for the last quarter before the indexation day that is a reference quarter for the indexation of the amount.

previous index number, in relation to the indexation of an amount referred to in an item in the CPI Indexation Table in subsection (2), means the index number for the reference quarter in that item immediately before the most recent reference quarter in that item ending before the indexation day.

(5) An indexation factor is to be worked out to 3 decimal places.

(6) If an indexation factor worked out under subsections (4) and (5) would, if it were worked out to 4 decimal places, end in a number that is greater than 4, the indexation factor is to be increased by 0.001.

(7) If an indexation factor worked out under subsections (4), (5) and (6) would be less than 1, the indexation factor is to be increased to 1.

(8) Subject to subsection (9), if at any time (whether before or after the commencement of this section) the Australian Statistician publishes an index number for the quarter in substitution for an index number previously published by the Statistician for that quarter, the publication of the later index number is to be disregarded for the purposes of this section.

(9) If at any time (whether before or after the commencement of this section) the Australian Statistician changes the reference base for the Consumer Price Index, regard is to be had, for the purposes of applying this section after the change takes place, only to index numbers published in terms of the new reference base.

(23) Clause 161, page 94 (after line 23), at the end of the clause, add:

(2) Draft regulations must be available for public comment for a period of not less than 30 days before the regulations are made.

(24) Page 94 (after line 23), at the end of the bill, add:

162 Review of operation of Act

(1) The Minister must cause an independent review of the operation of this Act, including consideration of:

(a) the extent to which the policy objectives of this Act have been achieved and the need for any alternative approach; and

(b) the mix of technologies that has resulted from the implementation of the provisions of this Act; and

(c) the level of penalties provided under this Act; and

(d) other environmental impacts that have resulted from the implementation of the provisions of thiPreviuos index numbers Act, including the extent to which non-plantation forestry waste has been utilised; and

(e) the possible introduction of a portfolio approach, a cap on the contribution of any one source and measures to recognise the relative greenhouse intensities of various technologies; and

(f) the level of the overall target and interim targets; and

(g) the extent to which the Act has:

(i) contributed to reducing greenhouse gas emissions; and

(ii) encouraged additional generation of electricity from renewable energy sources;

to be undertaken before the third anniversary of the commencement of this Act.

(2) A person who undertakes such a review must give the Minister a written report of the review.

(3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 12 months after the third anniversary of the commencement of this Act.

(4) In this section:

independent review means a review undertaken by persons who:

(a) in the Minister's opinion possess appropriate qualifications to undertake the review; and

(b) include one or more persons who are not employed by the Commonwealth or a Commonwealth authority and have not, since the commencement of the Act, provided services to the Commonwealth or a Commonwealth authority under or in connection with a contract.

SCHEDULE OF THE AMENDMENT MADE BY THE HOUSE OF REPRE-SENTATIVES IN PLACE OF SENATE AMEND-MENT No. 24:

162 Review of operation of Act

(1) The Minister must cause an independent review of the operation of this Act to be undertaken as soon as possible after the third anniversary of the commencement of this Act.

(2) A person who undertakes such a review must give the Minister a written report of the review.

(3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 12 months after the third anniversary of the commencement of this Act.

(4) In this section:

independent review means a review undertaken by persons who:

(a) in the Minister's opinion possesses appropriate qualifications to undertake the review; and

(b) include one or more persons who are not employed by the Commonwealth or a Commonwealth authority.


Senator Brown —Mr Acting Deputy President, I rise on a point of order. I ask that the message be circulated as soon as possible so that we can see exactly what we are dealing with.


The ACTING DEPUTY PRESIDENT (Senator Hogg)—According to the Clerk, the message has been circulated.


Senator Brown —What I have is a list of amendments made by the Senate to which the House has disagreed, but I heard from that message that there is a list of amendments with which the House has agreed. So I would like to see the message.


The ACTING DEPUTY PRESID-ENT —I understand that the message should also have been circulated; we will check on it. If you do not have a copy, we will ensure that you get a copy as soon as possible.