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Wednesday, 19 August 2009
Page: 5450


Senator XENOPHON (5:42 PM) —by leave—I move amendments (1) to (6) on sheet 5880 and amendments (1) and (2) on sheet 5885:

 (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.

(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”.

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

3T  Subsection 22(1)

Omit “1 MWh”, substitute “1.25 MWh”.

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

5A  Section 23B

Omit “1 MWh”, substitute “1.25 MWh”.

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

(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.

(7)    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.

(8)    Schedule 1, page 10 (after line 13), after item 8D, insert:

8DA  Before section 155 in Part 16

Insert:

154A  Regulations to provide assistance to emerging renewable energy technologies

         (1)    The regulations must determine a scheme of assistance to be provided to emerging renewable energy technologies based on a provider’s capacity to meet criteria determined in the regulations to consistently provide baseload power.

         (2)    Regulations made for the purpose of subsection (1) must commence on or before 1 July 2012, which must be after the end of the disallowance period for the regulations (subject to section 42 of the Legislative Instruments Act 2003).

         (3)    In this section:

disallowance period for regulations means the period:

              (a)    beginning on the earliest day on which the regulations are laid before a House of the Parliament in accordance with section 38 of the Legislative Instruments Act 2003; and

              (b)    ending on the day on which 15 sitting days of each House of the Parliament have passed since the regulations were laid before the particular House of the Parliament.

Firstly, the amendments on sheet 5880 relate to providing additional RECs to be created for emerging renewable energy technologies. It is about sending a clear signal to those emerging technologies that can provide baseload power. If we want to wean ourselves off coal fired power generation, we need a transition plan for the future, and these emerging technologies are the way forward. For instance, instead of getting one REC for every one megawatt hour, emerging renewable energy technology will receive one REC for every 0.75 megawatt hour and existing technologies would require 1.25 megawatt hours. This would provide a weighting to encourage the growth of new energy technologies.

Amendments on sheet 5885 are a fallback position to sheet 5880, to ensure that the government has an obligation to put regulations in place to provide assistance to emerging renewable energy technologies. It is to acknowledge that those technologies which can provide reliable baseload power are required and that there must be different regulations in place to make the point that there are different signals in place for investment in those emerging technologies. It is also based on the capacity of these energy technologies to provide consistent baseload power and would commence from July 2012 on the basis that it is clear that 2010 would be too soon and that, with the advances in emerging renewable technology, 2012 would give enough time for the government to have regulations in place.