DOC

Electricity Industry Western Australian Renewable Energy Targets

By Rick Stephens,2014-03-30 21:52
7 views 0
The renewable energy target for each holder of a retail licence is an amount of electricity, in megawatt hours, calculated by multiplying the electricity

Electricity Industry (Western Australian Renewable Energy Targets)

    Amendment Bill 2005

    Western Australia Electricity Industry (Western Australian Renewable

    Energy Targets) Amendment Bill 2005

    DRAFT 5

    CONTENTS

     Part 1 Preliminary

    1. Short title 2 2. Commencement 2

     Part 2 Amendments to Electricity Industry Act

    2005

    3. The Act amended 2 4. Section 3 amended 2 5. Sections 14A to 14D inserted 2 6. Section 32 amended 9 7. Section 33 amended 10 8. Section 134 inserted 10

290039_1 Page i

    Draft [14/10/2014 1:08 AM]

    Western Australia

    LEGISLATIVE COUNCIL

    DRAFT 5

    Electricity Industry (Western Australian Renewable Energy Targets) Amendment Bill 2005

    A Bill for

    An Act to amend the Electricity Industry Act 2004 to impose as a condition of holding a retail licence to sell electricity in the South West interconnected system an obligation to acquire target levels of electricity generated from renewable energy sources. The Parliament of Western Australia enacts as follows:

    Electricity Industry (Western Australian Renewable Energy Targets) Amendment Bill 2005

    Part 1 Preliminary

1. Short title

    This Act may be cited as the Electricity Industry (Western

    Australian Renewable Energy Targets) Amendment Act 2005.

     Commencement 2.

    This Act comes into operation on a day fixed by proclamation.

    Part 2 Amendment of Electricity Industry Act 2004

3. The Act amended

    The amendments in this Part are to the Electricity Industry Act

    2004.

4. Section 3 amended

    Section 3 is amended by inserting after the definition of “relevant

    corporation”

    

    “renewable electricity percentage” means the percentage

    applicable in any year referred to in section 14A(3);

    “renewable energy target” means a target referred to in section

    14A(2);

    ”.

5. Sections 14A to 14D inserted

    After section 14 the following sections are inserted

    

     14A. Licence condition: Western Australian renewable energy

    target

    (1) It is a condition of every retail licence to sell electricity in

    the South West interconnected system that the licensee

    must, in each year in which the licensee holds a licence,

    acquire an amount of electricity from renewable energy 290039_1 page 2 of 10

    Draft [14/10/2014 1:08 AM]

    Electricity Industry (Western Australian Renewable Energy Targets)

    Amendment Bill 2005

    sources that equals or exceeds the licensee’s renewable

    energy target for that year.

    (2) The renewable energy target for each holder of a retail

    licence is an amount of electricity, in megawatt hours,

    calculated by multiplying the electricity acquired in the

    year by the licensee within the South West interconnected

    system by the renewable electricity percentage for that

    year and rounding to the nearest megawatt hour (rounding

    0.5 up) unless adjusted in respect of a relevant corporation

    by the Authority under section 14C.

    (3) The renewable electricity percentage for a year is the

    percentage adjacent to that year in the following table:

    Year Percentage (%)

    2008 6.0

    2009 7.2

    2010 8.3

    2011 9.5

    2012 10.7

    2013 11.8

    2014 13.0

    2015 14.2

    2016 15.3

    2017 16.5

    2018 17.7

    2019 18.8

    2020 and 20.0

    subsequent years

    (4) This section applies to the year commencing on 1 January

    2008 and to all subsequent years.

     14B. Licence condition: Renewable energy statement

    It is a condition of every retail licence to which section 14A applies that the licensee must, as soon as is practicable after

    290039_1 page 3 of 10

    Draft [14/10/2014 1:08 AM]

    Electricity Industry (Western Australian Renewable Energy Targets)

    Amendment Bill 2005

    December 31 of each year, submit to the Authority a renewable energy statement for the year containing the following information: (a) the amount, in megawatt hours, of electricity acquired by the

    licensee;

    (b) the amount, in megawatt hours, of electricity from renewable

    energy sources acquired by the licensee; and

    (c) the following details of the entities from whom electricity

    from renewable energy sources was acquired by the licensee:

    (i) the name and postal address of the entity;

    (ii) the telephone number, facsimile number and

    email address (if any) of the entity; and

    (iii) the amount, in megawatt hours, of electricity from

    renewable energy sources acquired from the entity

    for the year.

     14C. Reduction of renewable energy target by Authority

    (1) If the Authority is satisfied that an amount of electricity

    acquired by the holder of a retail licence in a year was used for

    the purpose of constructing or operating one or more

    generating works, or producing any product which is a source

    of renewable electricity under section 14D to be used for or in

    connection with the generation of renewable electricity then

    the Authority may:

    (a) reduce the renewable energy target for the licensee

    for the year;

    (b) reduce the renewable energy target for the licensee

    for a subsequent year or subsequent years; or

    (c) a combination of (a) and (b).

    (2) In exercising the discretion conferred by subsection (1) the

    Authority must have regard to the following:

    (a) the total amount of electricity acquired by the

    licensee in the year;

    (b) the amount of electricity used by the licensee in the

    manner referred to in subsection (1) in the year;

    (c) the amount of renewable energy acquired by the

    licensee in the year;

    (d) the nature of the licensee’s operations; and

    (e) any other factor which the Authority considers

    relevant.

    290039_1 page 4 of 10

    Draft [14/10/2014 1:08 AM]

    Electricity Industry (Western Australian Renewable Energy Targets)

    Amendment Bill 2005

     14D. Meaning of “renewable energy”

    (1) In sections 14A to 14C electricity from renewable energy

    sources means, subject to subsections (2) to (6), electricity

    generated from the following 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 waste;

    (j) landfill gas;

    (k) municipal solid waste combustion;

    (l) sewage gas;

    (m) geothermal-aquifer;

    (n) tidal;

    (o) wave;

    (p) ocean;

    (q) photovoltaic and photovoltaic Renewable Stand

    Alone Power Supply systems;

    (r) wind and wind hybrid Renewable Stand Alone Power

    Supply systems;

    (s) micro hydro Renewable Stand Alone Power Supply

    systems;

    (t) solar hot water;

    (u) co-firing;

    (v) fuel cells;

    (w) hot dry rocks; and

    (x) such other sources as may be prescribed.

    (2) For the purposes of paragraph (1)(f):

    290039_1 page 5 of 10

    Draft [14/10/2014 1:08 AM]

    Electricity Industry (Western Australian Renewable Energy Targets)

    Amendment Bill 2005

    (a) if the wood waste is from a native forest, biomass for energy production must not be the primary purpose of a harvesting operation;

    (b) the wood waste must be:

    (i) biomass produced from non-native

    environmental weed species and harvested for

    the control or eradication of the species from a

    harvesting operation that is approved under

    relevant Commonwealth, State or Territory

    planning and approval processes; or

    (ii) a manufactured wood product or a by-product

    from a manufacturing process; or

    (iii) waste products from the construction of

    buildings or furniture, including timber off-cuts

    and timber from demolished buildings; or (iv) sawmill residue; or

    (v) subject to paragraph (c), if wood waste is from

    a native forest:

    (A) a by-product or waste product of a

    harvesting operation, approved under

    relevant Commonwealth, State or

    Territory planning and approval

    processes, for which a high-value

    process is the primary purpose of the

    harvesting; or

    (B) a by-product (including thinnings and

    coppicing) of a harvesting operation

    that is undertaken in accordance with

    ecologically sustainable forest

    management principles;

    (c) wood waste to which paragraph (b)(v) applies must be:

    (i) from an area where a regional forest agreement

    is in force and produced in accordance with

    ecologically sustainable forest management

    principles required by the agreement; or (ii) if it is from an area where no regional forest

    agreement is in force, produced from

    harvesting that is undertaken in accordance

    with ecologically sustainable forest

    management principles that are consistent with

    those required by a regional forest agreement.

    290039_1 page 6 of 10

    Draft [14/10/2014 1:08 AM]

    Electricity Industry (Western Australian Renewable Energy Targets)

    Amendment Bill 2005

     (d) for the purpose of paragraph (b)(v)(A), the primary

    purpose of a harvesting operation is taken to be a

    high-value process only if the total financial value of

    the products of the high value process is higher than

    the financial value of other products of the

    harvesting operation; and

    (e) wood waste from a plantation must be:

    (i) a product of a harvesting operation (including

    thinnings and coppicing) approved under

    relevant Commonwealth, State or Territory

    planning and approval processes and for which

    no product of a higher financial value than

    biomass for energy production could be

    produced at the time of harvesting; and

    (ii) biomass managed in accordance with a code of

    practice approved under regulation 4B of the

    Export Control (Unprocessed Wood)

    Regulations (Cth) and taken from land that was

    not cleared of native vegetation after 31

    December 1989 for the purpose of establishing

    the plantation;

    (3) For the purposes of paragraph (g) an energy crop, including an agricultural or horticultural crop and its biomass by-products, must be grown as an energy source for the primary purpose of energy production.

    (4) For the purposes of paragraphs (n) to (p), electricity generated from an ocean, wave or tide energy source must be generated within the coastal waters of Western Australia,

    (5) The following energy sources are not eligible renewable energy sources:

    (a) coal seam methane, waste coal mine gas and other

    products derived from coal or natural gas;

    (b) waste heat from cogeneration if:

    (i) the waste heat is not used for electricity

    generation; and

    (ii) the primary fuel source is not a source listed in

    subsection (1).

    (c) electricity generation from cogeneration using fossil

    fuels;

    290039_1 page 7 of 10

    Draft [14/10/2014 1:08 AM]

    Electricity Industry (Western Australian Renewable Energy Targets)

    Amendment Bill 2005

    (d) radioactive material;

    (e) any component of co-firing or wastes that is not

    bioenergy; and

    (f) any other fossil fuels or waste products derived from

    fossil fuels.

    (6) In this section:

    “bioenergy” means the energy derived from an energy source mentioned in paragraphs (1)(d) to (1)(l).

    “biomass” means solid organic matter other than fossilised biomass.

“coastal waters of Western Australia” has the meaning

    given by section 3(1) of the Coastal Waters (State Powers) Act 1980 of the Commonwealth.

    “cogeneration” means a power generation process that provides electricity and process heat as outputs.

“ecologically sustainable forest management principles”

    includes maintenance of water and soil quality, conservation of biodiversity and nutrient recycling.

    “high-value process” means the production of sawlogs, veneer, poles, piles, girders, wood for carpentry or craft uses

    or oil products.

    “native forest” means a local indigenous plant community:

    (a) the dominant species of which are trees; and

    (b) containing throughout its growth the

    complement of native species and habitats

    normally associated with that forest type or

    having the potential to develop those

    characteristics; and

    (c) including a forest with those characteristics that

    has been regenerated with human assistance

    following disturbance; and

    (d) excluding a plantation of native species or

    previously logged native forest that has been

    regenerated with non-endemic native species.

    290039_1 page 8 of 10

    Draft [14/10/2014 1:08 AM]

    Electricity Industry (Western Australian Renewable Energy Targets) Amendment Bill 2005

    “plantation” means an intensively managed stand of native or

    exotic species, created by the regular placement of seedlings

    or seed.

    “regional forest agreement” has the meaning given by the

    Export Control (Hardwood Wood Chips) Regulations 1996

    (Cth).

    ”.

6. Section 32 amended

(1) Section 32(1) is amended by inserting after “licence,” –

     “ except in the case of a contravention of the licence condition in

    section 14A, ”.

(2) After section 32(2) the following subsections are inserted

    

     (2a) If, in the opinion of the Authority, a licensee is in

    contravention of section 14A, the Authority may, subject to

    section 33, order the licensee to pay a monetary penalty fixed

    by the Authority but not exceeding a penalty calculated using

    the formula:

     $40 x (licensee’s renewable energy target for the year in

    megawatt hours amount of electricity acquired by the

    entity from renewable energy sources for the year in

    megawatt hours)

     (2b) In considering the exercise of its discretion under subsection

    (2a) to order a licensee to pay a monetary penalty the

    Authority must have regard to:

    (a) the market for bilateral contracts to be entered into by

    the licensee through which the licensee would

    acquire electricity from renewable energy sources

    within the South West interconnected system;

    (b) the availability of electricity from renewable energy

    sources for acquisition by the licensee, other than 290039_1 page 9 of 10

    Draft [14/10/2014 1:08 AM]

Report this document

For any questions or suggestions please email
cust-service@docsford.com