5880

2008-2009

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Renewable Energy (Electricity) Amendment Bill 2009

 

 

(Amendments to be moved by Senator Xenophon in committee of the whole)

(1)     Schedule 1, page 4 (after line 22), after item 2C, insert:

2D  Subsection 5(1)

emerging renewable energy technology means a technology specified by the regulations to be an emerging renewable energy technology.

[emerging renewable energy technologies]

(2)     Schedule 1, page 7 (after line 3), after item 3M, insert:

3MA  Before section 18 in Subdivision A of Division 4 of Part 2

Insert:

17B  Application of Subdivision

                   This Subdivision does not apply to an accredited power station that generates electricity using an emerging renewable energy technology source.

Note:          Subdivision BC applies to an accredited power station that generates electricity using an emerging renewable energy technology source.

3MC  Subsection 18(1)

Omit “whole”, substitute “1.25”.

3MD  Subsection 18(1A)

Omit “whole MWh”, substitute “1.25 MWh quantity”.

3ME  Subsection 18(2)

Omit “1 MWh”, substitute “1.25 MWh”.

3MF  Subsection 18(2)

Omit “0.5 MWh”, substitute “0.625 MWh”.

[creation of certificates for electricity generation using existing technologies]

(3)     Schedule 1, page 7 (after line 14), after item 3Q, insert:

3T  Subsection 22(1)

Omit “1 MWh”, substitute “1.25 MWh”.

[creation of certificates for solar water heaters]

(4)     Schedule 1, page 7 (after line 19), after item 5, insert:

5A  Section 23B

Omit “1 MWh”, substitute “1.25 MWh”.

[creation of certificates for small generation units]

(5)     Schedule 1, item 7, page 8 (line 9), omit “4 to 6”, substitute “4, 5 and 6”.

[consequential - creation of certificates for small generation units]

(6)     Schedule 1, page 8 (after line 10), after item 7, insert:

7AA  After Subdivision BB of Division 4 of Part 2

Insert:

Subdivision BC— Electricity generation using an emerging renewable energy technology source

23G  Application of Subdivision

                   This Subdivision applies to an accredited power station that generates electricity using an emerging renewable energy technology source.

Note:          Subdivision A applies to an accredited power station that generates electricity using an energy source other than an emerging renewable energy technology source.

23H   Creating certificates for additional renewable electricity

             (1)  The nominated person for an accredited power station that uses an emerging renewable energy technology source may create a certificate for each 0.75 MWh amount of electricity generated by the power station during a year.

             (2)  A certificate must not be created in respect of a 0.75 MWh amount of electricity generated partly in 1 year and partly in the following year.

             (3)  If the amount of electricity generated during a year by an accredited power station that uses an emerging renewable energy technology source is less than 0.75 MWh but greater than or equal to 0.375 MWh, the nominated person for the power station may create 1 certificate in respect of the electricity generated during the year.

             (4)  The amount of electricity generated by an accredited power station that uses an emerging renewable energy technology source is to be worked out in accordance with the regulations.

             (5)  Electricity is to be excluded from all calculations under this section:

                     (a)  to the extent that the electricity was generated using any energy sources that are not emerging renewable energy technology sources; or

                     (b)  to the extent that the electricity was generated during any period of suspension of the accreditation of the accredited power station under section 30D or 30E.

             (6)  The nominated person for an accredited power station that uses an emerging renewable energy technology source must not create any certificates during any period of suspension of the person’s registration under section 30 or 30A.

23I   When certificates may be created

                   A certificate may be created at any time after the generation of the final part of the electricity in relation to which it is created and before the end of the year after the year of generation.

Note:          For offences related to the creation of certificates, see section 24.

23J   Electricity generation return

             (1)  The nominated person for an accredited power station that uses an emerging renewable energy technology source must give an electricity generation return for a year to the Regulator on or before:

                     (a)  14 February in the following year; or

                     (b)  any later day allowed by the Regulator.

             (2)  The return must include details of:

                     (a)  the amount of electricity generated by the power station during the year; and

                     (b)  the amount of that electricity that was generated using an emerging renewable energy technology source; and

                     (c)  the number of certificates created during the year in respect of the electricity generated by the power station using an emerging renewable energy technology source during the year; and

                     (d)  the number of certificates created during the year in respect of any electricity generated by the power station using an emerging renewable energy technology source during the previous year; and

                     (e)  any other information specified by the regulations.

23K   Amending electricity generation returns

             (1)  The Regulator may amend an electricity generation return if the nominated person for the accredited power station concerned requests, in writing, an amendment within 12 months of the return being given.

             (2)  The Regulator may also amend an electricity generation return on his or her own initiative if the amendment is made within 4 years of the return being given.

             (3)  If the Regulator refuses to amend an electricity generation return upon a request by a nominated person for an accredited power station, the Regulator must notify the person accordingly.

[creation of certificates for electricity generation using emerging renewable energy technologies]