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Renewable Energy (Electricity) Bill 2000

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1998-1999-2000

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

THE SENATE

 

 

Renewable Energy (Electricity) Bill 2000

 

 

Schedule of the amendments made by the Senate

 

 

 

 

(1)     AG (1) [Sheet 1896 Revised]

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)     AG (1A) [Sheet 1896 Revised]

          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.

(3)     Govt (1) [Sheet DA239]

          Clause 5, page 6 (after line 18), after the definition of senior officer , insert:

small generation unit means a device that generates electricity that is specified by the regulations to be a small generation unit.



(4)     Opp (1) [Sheet 1887]

          Page 7 (after line 2), at the end of Part 1, insert:

7A  Tax deductibility

                   To avoid doubt, a charge or penalty under this Act is not tax deductible for the purposes of any law dealing with income tax.

(5)     AG (2) [Sheet 1896 Revised]

          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)     AG (2A) [Sheet 1896 Revised]

          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)     Dem (2) [Sheet 1891 Revised] ( As amended by AG )

          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.

(8)     Govt (2) [Sheet DA239]

          Clause 20, page 13 (line 6), at the end of subclause (2), add:

            ; and (d)  any other information specified by the regulations.

(9)     Govt (3) [Sheet DA239]

          Page 13 (after line 28), after Subdivision B, insert:

Subdivision BA Small generation units

23A   When a certificate may be created

             (1)  If a small generation unit is installed on or after 1 January 2001 and the small generation unit displaces non-renewable electricity, certificates may be created after the small generation unit is installed.

             (2)  Whether a small generation unit displaces non-renewable electricity is to be determined in accordance with the regulations.

23B   How many certificates may be created

                   The number of certificates (each representing 1 MWh) that may be created for a particular installation of a small generation unit is to be determined in accordance with the regulations.

23C   Who may create a certificate

             (1)  The owner of the small generation unit at the time that it is installed is entitled to create the certificate or certificates that relate to the small generation unit.

             (2)  However, the owner may, by written notice, assign the right to create the certificate or certificates to another person. If the owner does this, the owner is not entitled to create the certificate or certificates but the person to whom the right was assigned is entitled to create the certificate or certificates.

             (3)  Despite subsections (1) and (2), a person who is not registered may not create a certificate that relates to the small generation unit.

23D  No other certificates to be created

                   A person must not create certificates under Subdivision A in respect of electricity generated by a small generation unit.

(10)   Govt (4) [Sheet DA239]

          Clause 24, page 14 (after line 25), at the end of the clause, add:

             (5)  In determining whether a person was not entitled to create a certificate, the fact that the certificate has been registered by the Regulator under section 26 is to be disregarded.

Note:          This ensures that a person cannot raise as relevant evidence the fact that a certificate has been registered.

(11)   Govt (5) [Sheet DA239]

          Clause 26, page 16 (after line 7), at the end of the clause, add:

             (6)  The Regulator may at any time (whether before or after the registration of a certificate) require the person who created the certificate to provide to the Regulator a written statement containing such information as the Regulator requires in connection with the creation of the certificate. The person who created the certificate must provide the statement within the period (not being a period of less than 14 days) specified by the Regulator.

(12)   Govt (6) [Sheet DA239]

          Clause 31, page 20 (line 22), at the end of subclause (2), add:

               ; or (c)  the electricity is later acquired by NEMMCO.

(13)   Govt (7) [Sheet DA239]

          Clause 31, page 20 (after line 25), at the end of the clause, add:

             (4)  A person who owns, operates or controls a grid must give the Regulator a statement within 28 days of either of the following happening:

                     (a)  the capacity of the grid increases from less than 100 MW to 100 MW or more;

                     (b)  the grid becomes connected, directly or indirectly, to a grid that has a capacity of 100 MW or more.

The statement must include any information specified in the regulations.

(14)   Govt (8) [Sheet DA239]

          Clause 33, page 21 (after line 13), after subclause (2), insert:

          (2A)  Subsection (2) does not apply if the person who generated the electricity has previously sold it to another person (including NEMMCO).

(15)   Govt (9) [Sheet DA239]

          Clause 44, page 28 (line 18), at the end of subclause (2), add:

             ; and (f)  any other information specified by the regulations.



(16)   Govt (10) [Sheet DA239]

          Clause 46, page 29 (line 23), at the end of subclause (2), add:

             ; and (f)  any other information specified by the regulations.

(17)   AG (10) [Sheet 1896 Revised]

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

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

(18)   Dem (1) [Sheet 1941]

          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)   Dem (2) [Sheet 1941]

          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)   AG (11) [Sheet 1896 Revised]

          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.

(21)   Govt (11) [Sheet DA239]

          Clause 156, page 91 (line 21), omit “8, 9A, 10 and 12”, substitute “9, 11, 12 and 14”.

(22)   Opp (2) [Sheet 1887]

          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.



             (4)  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:

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)   AG (R12) [Sheet 1896 Revised]

          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)   Opp (3) [Sheet 1887] [ As amended by AG ]

          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 this 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.

 

 

 

 

 

 

HARRY EVANS

Clerk of the Senate

 

 

The Senate

9 October 2000