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RENEWABLE ENERGY (ELECTRICITY) AMENDMENT BILL 2009E RENEWABLE ENERGY (ELECTRICITY) (CHARGE) AMENDMENT BILL 2009

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

In the committee

RENEWABLE ENERGY (ELECTRICITY) AMENDMENT BILL 2009—

Consideration resumed of the bill—and of the amendments moved by Senator Milne (see entry no. 3).

Debate resumed.

Question—That the amendments be agreed to—put.

The committee divided—

AYES, 5

Senators—

Brown, Bob

Hanson-Young

Ludlam

Milne

Siewert (Teller)

NOES, 38

Senators—

Abetz

Back

Barnett

Bilyk

Birmingham

Bishop

Boswell

Brown, Carol

Bushby (Teller)

Cameron

Colbeck

Collins

Crossin

Farrell

Feeney

Fielding

Furner

Heffernan

Humphries

Hurley

Hutchins

Kroger

Lundy

Marshall

McEwen

McLucas

Moore

O'Brien

Parry

Payne

Polley

Pratt

Sterle

Troeth

Trood

Wong

Wortley

Xenophon

Question negatived.

Senator Xenophon moved the following amendments together by leave:

 No. 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.

 No. 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".

 No. 3—Schedule 1, page 7 (after line 14), after item 3Q, insert:

 3T Subsection 22(1)

  Omit "1 MWh", substitute "1.25 MWh".

 No. 4—Schedule 1, page 7 (after line 19), after item 5, insert:

 5A Section 23B

  Omit "1 MWh", substitute "1.25 MWh".

 No. 5—Schedule 1, item 7, page 8 (line 9), omit "4 to 6", substitute "4, 5 and 6".

 No. 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.


 No. 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.

 No. 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.

Debate ensued.

The question was divided—

Question—That amendments nos 1 to 6 be agreed to—put and negatived.

Question—That amendments nos 7 and 8 be agreed to—put and negatived.

Senator Xenophon moved the following amendments together by leave:

 Schedule 1, page 4 (after line 14), after item 2A, insert:

 2AA Subsection 5(1)

  Insert:

   air source heat pump water heater means a device that uses a vapour compression cycle incorporating a compressor, an evaporator that collects energy from the latent and sensible heat of the atmosphere and a condenser that delivers heat either directly or indirectly to a hot water storage container.

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

 3R At the end of subsection 21(3)

  Add "which must not be before the actual date of installation".

 3S At the end of section 21

  Add:


 (4) Certificates must only be created for the installation of an air source heat pump water heater having a volumetric capacity of not more than 700 litres.

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

 3U At the end of Subdivision B of Division 4 of Part 2

  Add:

 

23AB Regulations to phase out air source heat pump water heaters from scheme

  (1) The regulations must provide for air source heat pump water heaters to be phased out of the scheme constituted by this Act by the end of 16 February 2010.

  (2) For the purposes of subsection (1), the regulations must provide that each month the number of certificates that can be created for the installation of an air source heat pump water heater having a volumetric capacity of not more than 700 litres are proportionally reduced, so that no certificates can be created for such an installation after the end of 16 February 2010.

Debate ensued.

Question—That the amendments be agreed to—put and negatived.

Question—That the bill be agreed to—divided, at the request of the Leader of the Australian Greens (Senator Bob Brown), in respect of Schedule 1, items 4 to 7.

Schedule 1, items 4 to 7 debated and agreed to.

Senator Bob Brown moved the following amendment:

 Schedule 1, page 9 (after line 17), after item 7E, insert:

 7F After Part 3

  Insert:

 

Part 3A—Acquisition of electricity from owners of qualifying generators

 

34A Object of Part

   The object of this Part is to support the commercialisation of a broad range of prospective renewable energy technologies by:

 (a) providing specifically tailored support for a range of renewable energy technologies that are currently not adequately assisted by the mandatory renewable energy target;

 (b) requiring electricity distributors to permit owners of both small and large scale qualifying generators to supply the electricity grid with electricity generated from selected renewable energy sources;

 (c) providing a payment or a rebate to owners of qualifying generators after the commencement of this Part for the renewable electricity which they produce after the commencement of this Part from renewable energy sources;

 (d) establishing an effective regime to monitor the extent of production of renewable electricity by owners of qualifying generators.

 


34B Definitions

   In this Part:

   direct customer means a person or company who:

 (a) is directly connected to an electricity distribution network other than by means of the distribution system of the electricity retailer; and

 (b) satisfies other criteria (if any) prescribed by the regulations for the purposes of this definition.

   electricity distributor means:

 (a) a company or other entity licensed for the distribution of electricity through an electricity network; and

 (b) in relation to an electricity connection service for premises—a company or other entity licensed to provide the service for the premises.

   electricity retailer means a company or other entity that supplies electricity to customers.

excluded network means an electricity distribution network that supplies electricity to less than 10,000 retail customers.

feed-in-tariff rate scheme means the scheme established by section 34F.

kWh means kilowatt hour.

qualifying generator means a renewable energy electricity generator:

 (a) that complies with the relevant Australian Standard; and

 (b) that is connected to an electricity distribution network in a manner that allows electricity generated by the renewable energy electricity generator to be fed into the electricity distribution network, other than where the electricity distribution network is an excluded network; and

 (c) that generates electricity from a source listed in subsection 17(1) as an eligible renewable energy source; and

 (d) that forgoes participation in the mandatory renewable energy target scheme; and

 (e) for which an application for registration has been made under section 34D after the commencement of the Renewable Energy (Electricity) Amendment Act 2009.

   quarter means a period of 3 months commencing on 1 January, 1 April, 1 July or 1 October of a year.

quarterly return means a return for a period of 3 months commencing on 1 January, 1 April, 1 July or 1 October of a year.

retail customer means a customer who:

 (a) ordinarily acquires electricity primarily for domestic or business use; and

 (b) is not a direct customer; and

 (c) satisfies other criteria (if any) prescribed by the regulations for the purposes of this definition.

 


34C Feeding-in of electricity to grid by owners of qualifying generators

  (1) Electricity distributors must, subject to compliance by the owner of a qualifying generator with any relevant technical, safety or other requirements imposed by or under this or any other Act or relevant instrument, connect the qualifying generator to the grid and permit the owner to feed into the grid electricity generated by the qualifying generator.

  (2) Electricity retailers must:

 (a) purchase, on application in the prescribed form by an owner of a qualifying generator connected to the grid under subsection (1), any electricity fed into the grid by that qualifying generator; and

 (b) comply with any reporting requirements in this Act or that are prescribed in the regulations.

  (3) Payment for electricity purchased by an electricity retailer under paragraph (2)(a) is to be made under section 34J or 34K, as the case may be.

  (4) An owner of a qualifying generator who feeds into the grid under subsection (1) must install a meter, of a type prescribed by the regulations for the purposes of this subsection, to measure the total amount of renewable electricity energy generated by the qualifying generator.

   

34D Registration of qualifying generators

   The owner of a qualifying generator must apply in the prescribed form for registration of the qualifying generator in the Feed-in-Tariff Register established under section 34I.

    

34E Eligibility for payment or rebate of feed-in-tariff rate

  (1) The owner of a qualifying generator who feeds into the grid electricity generated by the qualifying generator is eligible to receive payments or rebates of the feed-in-tariff rate under section 34J or 34K, as the case may be, subject to:

 (a) registration of the qualifying register under section 34D; and

 (b) compliance with any relevant technical, safety or other requirements imposed by or under this or any other Act or relevant instrument.

  (2) If a qualifying generator has been registered under section 34D and included in the Feed-in-Tariff Register established under section 34I and there is a change to the installed capacity of that qualifying generator, the owner of the qualifying generator must advise the Regulator, in the prescribed form, of the new installed capacity of the qualifying generator.

   

34F Feed-in-tariff rate scheme

  (1) The feed-in-tariff rate scheme is established by this section.

  (2) The feed-in-tariff rate scheme is the payment under section 34J or the rebate under section 34K of an amount to the owner of a qualifying generator that is registered with the Regulator, calculated by reference to:


 (a) the relevant feed-in-tariff rate set by the Minister under section 34G; and

 (b) all the electricity produced by that qualifying generator, not just the electricity which is fed into the electricity grid.

 

34G Feed-in-tariff rates

  (1) The Minister must, within 28 days of the commencement of the Renewable Energy (Electricity) Amendment Act 2009, set the feed-in-tariff rates for qualifying generators that are to be paid or rebated under the feed-in-tariff rate scheme in respect of a qualifying generator that is registered for the first time during the financial year in which that Act commences.

  (2) The Minister must, by the end of each financial year:

 (a) review the current feed-in-tariff rates for qualifying generators, taking into account the following factors:

 (i) the prospect of the technology reliably producing competitively priced electricity by the end of the calendar year 2020; and

 (ii) the environmental cost or impact of the technology; and

 (b) set the feed-in-tariff rates for qualifying generators that are to be paid or rebated under the feed-in-tariff rate scheme in respect of a qualifying generator that is registered for the first time during the following financial year.

  (3) In setting the feed-in-tariff rates under subsection (1) or (2), the Minister may take into account:

 (a) any Commonwealth, State or Territory government payments or rebates already made or received in respect of a qualifying generator; and

 (b) the type of renewable energy technology used by the qualifying generator; and

 (c) the location of a qualifying generator; and

 (d) the installed capacity of a qualifying generator.

  (4) If the Minister has set the feed-in-tariff rates that are to apply for a financial year, the Minister must not vary those rates during that financial year.

  (5) In setting the feed-in-tariff rates under subsection (2) that are to apply for the following financial year, the Minister may increase, vis--vis the current financial year feed-in-tariff rates, a feed-in-tariff rate that is to apply during that following financial year.

  (6) Subject to section 34E, the relevant feed-in-tariff rate is payable or rebateable to an owner of a qualifying generator for each kWh of electricity generated by the qualifying generator during a billing period.

  (7) In setting the feed-in-tariff rates under subsection (1) or (2), the primary objective of the Minister is to support the economic viability of a range of prospective renewable energy technologies.

  (8) If the Minister reduces a feed-in-tariff rate, the reduction must not be more than 5% of the rate that applied before the reduction.


  (9) A feed-in-tariff rate set under subsection (1) or (2) and payable or rebateable to the owner of a qualifying generator at the date of the registration of the qualifying generator is fixed and guaranteed for a period of 20 years from the date of that registration. That period of 20 years does not restart if the installed capacity of that qualifying generator is increased at any time.

  (10) The Minister must provide a statement explaining how the feed-in-tariff rates are calculated and must table that statement in both Houses of Parliament within 15 sitting days after the end of each financial year.

  (11) The feed-in-tariff rates set under subsections (1) and (2) are legislative instruments for the purposes of the Legislative Instruments Act 2003.

   

34H Feed-in-tariff levy rate

  (1) The Minister must, within 28 days of the commencement of the Renewable Energy (Electricity) Amendment Act 2009, set the feed-in-tariff levy rate per MWh of electricity acquired from the electricity grid, to fund payments under the feed-in-tariff rate scheme in section 34H for that financial year. The feed-in-tariff levy is to be imposed by the Renewable Energy (Electricity) Feed-in-Tariff Levy Act 2009.

  (2) The Minister must, by the end of each financial year, set a feed-in-tariff levy rate per MWh of electricity acquired from the electricity grid, to fund payments under the feed-in-tariff rate scheme in section 34H for the following financial year. The feed-in-tariff levy is to be imposed by the Renewable Energy (Electricity) Feed-in-Tariff Levy Act 2009.

  (3) The Minister must ensure that the feed-in-tariff levy rate set under subsection (1) or (2) is sufficient to cover the estimated cost of payments under the feed-in-tariff rate scheme under section 34J.

  (4) The feed-in-tariff levy is payable by all electricity retailers and direct customers, calculated by reference to the amount of electricity acquired by an electricity retailer or a direct customer, as the case may be, as set out in its annual energy acquisition statement lodged under section 44.

   Note: The annual energy acquisition statement is used to calculate the renewable energy shortfall charge of an electricity retailer or a direct customer (a liable entity). The same statement is to be used to calculate the amount of the feed-in-tariff levy.

  (5) The Minister must provide a statement explaining how the feed-in-tariff levy rate is calculated and must table that statement in both Houses of Parliament within 5 sitting days after:

 (a) in the case of the levy rate set under subsection (1)—setting the rate; or

 (b) in the case of a levy rate set under subsection (2)—the end of each preceding financial year.

  (6) The feed-in-tariff levy rates set under subsections (1) and (2) are legislative instruments for the purposes of the Legislative Instruments Act 2003.

   


34I Establishment of a Feed-in-Tariff Register

  (1) The Regulator must establish a register to be known as the Feed-in-Tariff Register (the Register).

  (2) The Regulator must record in the Register:

 (a) details of all qualifying generators for which an application for registration has been made under section 34D, including the name and address of the owner of the qualifying generator, the date of registration of the qualifying generator, the type of renewable energy technology used by the qualifying generator and the installed capacity of the qualifying generator; and

 (b) in the case of a qualifying generator with an installed capacity equal to or greater than 1MW, the total amount of electricity produced each quarter by that qualifying generator, as notified in the quarterly return lodged under subsection 34J(1); and

 (c) the feed-in-tariff rate to be paid to the owner of a qualifying generator and the period for which the feed-in-tariff rate will be paid; and

 (d) if there is any change to the installed capacity of a qualifying generator, the new installed capacity of the qualifying generator.

  (3) The Regulator must provide details of the amount of total payments made under the feed-in-tariff scheme under subsection 34J(2) for inclusion in a report prepared under subsection 34L(1).

   

34J Feed-in-tariff rate payments—installed capacity equal to or greater than 1MW

  (1) The owner of a qualifying generator with an installed capacity equal to or greater than 1MW must lodge with the Regulator within 15 days after the end of each quarter that ends after the date of registration of the qualifying generator a quarterly return in the prescribed form indicating the metered electricity produced by the qualifying generator in respect of that quarter.

  (2) The Regulator must make a payment, calculated in accordance with the feed-in-tariff rate, to the owner of a qualifying generator within 30 days of receiving from the owner a quarterly return under subsection (1).

  (3) Payments under subsection (2) are to be made from money appropriated by the Parliament for that purpose.

   

34K Feed-in-tariff rate rebates—installed capacity of less than 1MW

  (1) The owner of a qualifying generator with an installed capacity of less than 1MW is entitled to payment for electricity purchased by an electricity retailer under paragraph 34C(2)(a), in the form of a rebate against charges payable by the owner for the supply of electricity by the electricity retailer to the owner.

  (2) An electricity retailer must read a meter installed under subsection 34C(4) by the owner of a qualifying generator at the same time as the electricity retailer reads the meter for the supply of electricity to the owner.


  (3) The rebate under subsection (1) must be calculated in accordance with the feed-in-tariff rate, and credited to the account of the owner of the qualifying generator for a billing period on the same day as any charge for the supply of electricity is debited against the account for the billing period and before the account for the billing period is sent to the owner of the qualifying generator.

  (4) If the whole of an amount to be credited to the owner of a qualifying generator under subsection (3) in a particular billing period has not been set-off against the charges payable by the owner for the supply of electricity by the expiration of 12 months after the end of that billing period, the owner is entitled to the payment of the outstanding balance.

   

34L Review of operation of Part

  (1) The Minister must cause to be prepared an independent report on the operation of this Part for the period beginning on the date of the commencement of the Renewable Energy (Electricity) Amendment Act 2009 and ending on the next 30 June after that date, and for each subsequent 12 month period ending on 30 June in a later year.

  (2) If the day on which the Renewable Energy (Electricity) Amendment Act 2009 commences is on or after 1 January in a year, the report prepared under subsection (1) in relation to the period from that day to 30 June in that year must be included in and presented with the report prepared under subsection (1) for the year beginning on 1 July next following the commencement of this Act.

  (3) The Minister must cause a copy of a report prepared under subsection (1) to be laid before each House of the Parliament within 5 sitting days of that House after the day on which he or she receives the report.

  (4) A report prepared under subsection (1) must include:

 (a) details of total renewable energy produced from each source listed in section 17; and

 (b) total payments made under the feed-in-tariff rate scheme under section 34J; and

 (c) total amounts of feed-in-tariff levies received under the Renewable Energy (Electricity) Feed-in-Tariff Levy Act 2009.

Question—That the amendment be agreed to—put and negatived.

Senator Bob Brown moved the following amendments together by leave:

 Schedule 1, item 6, page 8 (lines 1 to 3), omit subsection 23B(3), substitute:

  (3) However, the regulations may provide for a number of certificates to be multiplied only if the certificates relate to:

 (a) in the case of a small generation unit whose energy source is hydro—the first 10kW of the rated power output of the unit;

 (b) in the case of a small generation unit whose energy source is wind—the first 10kW of the rated power output of the unit;

 (c) in the case of a small generation unit whose energy source is solar (photovoltaic)—the total rated power output of the unit.


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

 8AA After section 40

  Insert:

 

40A Required GWh of renewable source electricity for 2011 to 2016

  (1) The required GWh of renewable source electricity in section 40 for the years 2011, 2012, 2013, 2014, 2015 and 2016 must be increased as specified in a declaration made under subsection (3).

  (2) The Regulator must, by the 30 September next after each period specified in column 1 in subsection 23B(2) (a relevant column 1 period), calculate the number of certificates created in accordance with the regulations as mentioned in subsection 23B(2) and publish the result of that calculation on the Internet.

  (3) The Regulator must, within 15 days of complying with subsection (2), make a declaration increasing the required GWh of renewable source electricity in section 40 for the following year to offset the certificates created in accordance with the regulations as mentioned in subsection 23B(2) for the relevant column 1 period.

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

Debate ensued.

Question—That the amendments be agreed to—put and negatived.

Senator Bob Brown moved the following amendments together by leave:

 Schedule 1, item 6, page 8 (line 1), after "However,", insert "subject to subsection (3A),".

 Schedule 1, item 6, page 8 (after line 3), after subsection 23B(3), insert:

  (3A) However, in the case of an off-grid small generation unit, the regulations must provide for a number of certificates to be multiplied in relation to the first 20kW of the rated power output of the unit.

  (3B) In subsection (3A):

   off-grid small generation unit means:

 (a) a small generation unit at least 1 kilometre from the nearest main-grid line; or

 (b) in the case of a small generation unit less than 1 kilometre from a main-grid line—the owner has provided written evidence from the local network service provider that the total cost of connecting the unit to the main-grid is more than $30,000, making it uneconomic to connect the unit to the main-grid.

Question—That the amendments be agreed to—put and negatived.

Senator Bob Brown moved the following amendments together by leave:

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

 7AB At the end of Division 4 of Part 2

  Add:

 


Subdivision D—Period of validity of certificates

 

24A Period of validity of certificates

   A certificate created in accordance with this Division is a valid certificate for the period ending 4 years from the date of its creation.

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

 8AB Section 45

  Before "A certificate", insert "(1)".

 8AC At the end of section 45

  Add:

  (2) For the purpose of paragraph (1)(a), a certificate is a valid certificate for the period ending 4 years from the date of its creation.

Question—That the amendments be agreed to—put and negatived.

Senator Bob Brown moved the following amendment:

 Schedule 1, item 8, page 9 (line 18) to page 10 (before line 1), omit the item, substitute:

 8 Section 40

  Repeal the section, substitute:

 

40 Required GWh of renewable source electricity

  (1) The required GWh of renewable source electricity for the years 2001 to 2009 is set out in the following table:

Required GWh of renewable source electricity

YearGWh

2001300

20021100

20031800

20042600

20053400

20064500

20075600

20086800

20098100

 (2) The required GWh of renewable source electricity for the years 2010 to 2030 is set out in the following table:

Required GWh of renewable source electricitye as a percentage of total electricity produced

YearGWh

201011.4%

201113.2%

201215.1%


201316.9%

201418.8%

201520.7%

201622.5%

201724.4%

201826.3%

201928.1%

202030%

202130%

202230%

202330%

202430%

202530%

202630%

202730%

202830%

202930%

203030%

 (3) The Minister by 30 September each year must cause to be prepared and tabled a report estimating for subsequent years the GWh of renewable source electricity to which the percentage targets in subsection (2) are likely to equate.

 (4) The Minister must review and increase the target specified in subsection (2) for a year if the value of a renewable energy certificate is below $40 for more than 6 months.

Debate ensued.

Question—That the amendment be agreed to—put.


The committee divided—

AYES, 5

Senators—

Brown, Bob

Hanson-Young

Ludlam

Siewert (Teller)

Xenophon

NOES, 38

Senators—

Abetz

Adams (Teller)

Arbib

Back

Barnett

Bilyk

Birmingham

Bishop

Boswell

Brown, Carol

Cash

Colbeck

Crossin

Farrell

Faulkner

Feeney

Ferguson

Fielding

Fisher

Furner

Humphries

Hurley

Hutchins

Johnston

Joyce

Lundy

Marshall

McEwen

McLucas

Moore

Polley

Pratt

Stephens

Sterle

Trood

Williams

Wong

Wortley

Question negatived.

Senator Bob Brown moved the following amendment:

 Schedule 1, item 9, page 11 (lines 1 to 16), omit section 162, substitute:

  

162 Biennial review of operation of renewable energy legislation

  (1) The Minister must cause an independent review of the following to be undertaken as soon as practicable after 30 June 2012 and every 2 years after that date:

 (a) the operation of this Act and the scheme constituted by this Act;

 (b) the adequacy of the renewable energy target set by this Act;

 (c) the operation of the regulations;

 (d) the operation of the Renewable Energy (Electricity) (Charge) Act 2000;

 (e) the diversity of renewable energy access to the scheme constituted by this Act;

 (f) a cost benefit analysis of the environmental impact of that access.

  (2) A review must be undertaken by a person who, in the Minister's opinion, possesses appropriate qualifications to undertake the review.

  (3) The person undertaking a review must give the Minister a written report of the review before 31 December in that year.

  (4) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the day on which the report is given to the Minister.

  (5) The report is not a legislative instrument.

Debate ensued.

At 7.20 pm: The President resumed the chair and the Temporary Chair of Committees (Senator Moore) reported progress.