RENEWABLE ENERGY (ELECTRICITY) AMENDMENT BILL 2010E RENEWABLE ENERGY (ELECTRICITY) (CHARGE) AMENDMENT BILL 2010E RENEWABLE ENERGY (ELECTRICITY) (SMALL-SCALE TECHNOLOGY SHORTFALL CHARGE) BILL 2010

Order of the day read for the consideration of the bills in committee of the whole.

In the committee

RENEWABLE ENERGY (ELECTRICITY) AMENDMENT BILL 2010—

Bill taken as a whole by leave.

Explanatory memoranda: The Minister for Climate Change, Energy Efficiency and Water (Senator Wong) tabled supplementary explanatory memoranda [3] relating to the government amendments to be moved to the bill.

On the motion of Senator Wong the following amendments, taken together by leave, were debated and agreed to:

 Schedule 1, page 3 (after line 15), after item 4, insert:

 4A Subsection 5(1)

  Insert:

   clearing house price has the meaning given by section 30LA.

 Schedule 1, page 4 (after line 7), after item 8, insert:

 8A Subsection 5(1)

  Insert:

   GST inclusive clearing house price has the meaning given by section 30LA.

 Schedule 1, item 58, page 15 (before line 12), before section 30M, insert:

30LA Clearing house price etc.

  (1) The clearing house price is:

 (a) subject to paragraph (b)—$40; or

 (b) if the Minister, by legislative instrument, specifies a lesser amount as being the clearing house price for the purpose of this subsection—the amount so specified.

  (2) The GST inclusive clearing house price is the amount equal to 110% of the clearing house price.

  (3) Before making an instrument under paragraph (1)(b), the Minister:

 (a) must take into consideration:

 (i) whether the total value, in MWh, of small-scale technology certificates created in 2015 exceeded or is expected to exceed 6,000,000; and

 (ii) any changes to the costs of small generation units and solar water heaters; and

 (iii) the extent to which owners of small generation units and solar water heaters contribute to the costs of small generation units and solar water heaters; and

 (iv) the impact of the clearing house price, and the number of small generation units and solar water heaters installed, on the electricity market, including on electricity prices; and

 (b) may take into consideration any other matters that the Minister considers relevant.

  (4) If the Minister is considering a matter mentioned in paragraph (3)(a), the Minister must obtain, and take into consideration, independent advice about that matter.

  (5) An instrument made under paragraph (1)(b) must not be expressed to commence earlier than the first 1 April following the making of the instrument.

  (6) If:

 (a) an instrument is made under paragraph (1)(b); and

 (b) on a particular day (the tabling day), a copy of the instrument is tabled before a House of the Parliament under section 38 of the Legislative Instruments Act 2003;

   then, on or as soon as practicable after the tabling day, the Minister must cause to be tabled before that House a written statement setting out the Minister's reasons for making the instrument.

 Schedule 1, item 58, page 15 (line 22), omit "$44", substitute "the GST inclusive clearing house price".

 Schedule 1, item 58, page 16 (line 15), omit "$44", substitute "the GST inclusive clearing house price".

 Schedule 1, item 58, page 16 (line 17), omit "$40", substitute "the clearing house price".

 Schedule 1, item 58, page 17 (line 28), omit "$44", substitute "the GST inclusive clearing house price".

 Schedule 1, item 58, page 17 (line 31), omit "$40", substitute "the clearing house price".

Senator Milne moved the following amendment:

 Schedule 1, page 35 (after line 9), after item 65, insert:

 65A After section 40

  Insert:

40AA Required GWh of renewable source electricity for 2011 and 2012

  (1) The required GWh of renewable source electricity in section 40 for the years 2011 and 2012 must be increased as specified in declarations made under subsection (3) for the relevant year.

  (2) The Regulator must, by 10 May 2011, make the following calculations in respect of the large-scale generation certificates on the register of large-scale generation certificates as at 30 April 2011:

 (a) the total of the number of registered large-scale generation certificates and the number of large-scale generation certificates that are pending registration in the register (total A);

 (b) the number of registered large-scale generation certificates that are pending surrender (total B);

 (c)  the number of registered large-scale generation certificates that are pending voluntary surrender (total C);

 (d) the number of registered large-scale generation certificates that have been created on or after 1 January 2011 under Subdivision A of Division 4 of Part 2 (total D);

 (e) the number of registered large-scale generation certificates that are subject to eligible pre-existing contracts for transfer from one party to another party (total E);

 (f) the figure (total F) that is the result of:

  total A - (total B + total C + total D) + total E;

 (g) the figure (total G) that is the result of:

  total F - 16,200,000;

 (h) the figure expressed in megawatt hours (total H) that is the result of:

  total G 2;

   
and publish the results of those calculations on the Internet.

  (3) If total G is greater than zero, the Regulator must, within 5 days of complying with subsection (2), make a declaration increasing the required GWh of renewable source electricity in section 40 for 2011 and 2012 by total H (converted in gigawatt hours).

  (4) A declaration made under subsection (3) is not a legislative instrument.

Debate ensued.

Senator Milne, by leave, withdrew the amendment.

Senator Milne moved the following amendments together by leave:

 Clause 3, page 2 (lines 7 to 11), omit the clause, substitute:

3 Schedule(s)

  (1) Each Act, and each set of regulations, that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

  (2) The amendment of any regulation under subsection (1) does not prevent the regulation, as so amended, from being amended or repealed by the Governor-General.

 Schedule 1, page 61 (after line 22), after item 110, insert:

 110A At the end of subsection 17(2)

  Add:

 ; (c) biomass from native vegetation of any kind.

 Schedule 1, Part 2, page 80 (after line 4), at the end of the Part, add:

Renewable Energy (Electricity) Regulations 2001

 137 Paragraph 8(1)(d)

  Omit "; and", substitute ".".

 138 Paragraph 8(1)(e)

  Repeal the paragraph.

 139 Subregulations 8(2), (3) and (4)

  Repeal the subregulations.

 140 Subregulation 9(2)

  Repeal the subregulation, substitute:

  (2) For section 17 of the Act, biomass from native vegetation is not an energy crop.

 141 Subregulation 20AA(1)

  Omit "subsections 23B (2) and", substitute "subsection".

Debate ensued.

At 2 pm: The President resumed the chair and the Temporary Chair of Committees (Senator Boyce) reported progress.