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Renewable Energy Transition of State Renewable Energy Target

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14 Dec 2009 (b) on the day that item 6 of Schedule 3 to the Renewable Energy (Electricity) Amendment Act 2009 comes into operation ? regulations 4 and 5

Renewable Energy (Electricity)

    Amendment (Transitional

    1 Provisions) Regulations 2009

    Select Legislative Instrument 2009 No. 380

    I, QUENTIN BRYCE, Governor-General of the Commonwealth

    of Australia, acting with the advice of the Federal Executive

    Council, make the following Regulations under the Renewable Energy (Electricity) Amendment Act 2009. Dated 14 December 2009

    QUENTIN BRYCE

    Governor-General By Her Excellency’s Command

    PENELOPE YING YEN WONG

    Minister for Climate Change and Water

    0924697A-091203ZZ.doc

Contents

    Page Contents

     1 Name of Regulations 2

     2 Commencement 2

     3 Definitions 2

     4 Conversion of State certificates 3

     5 Prescribed provisions 5

     6 Transfer of registered person from State scheme

    to Commonwealth scheme 5

     7 Number of renewable energy certificates for small

    generation units 6 Schedule 1 Form of notice of surrender 8

1 Name of Regulations

     These Regulations are the Renewable Energy (Electricity)

    Amendment (Transitional Provisions) Regulations 2009. 2 Commencement

     These Regulations commence as follows:

     (a) on the day after registration regulations 1, 2 and 3;

     (b) on the day that item 6 of Schedule 3 to the Renewable

    Energy (Electricity) Amendment Act 2009 comes into

    operation regulations 4 and 5 and Schedule 1;

     (c) on 1 February 2010 regulations 6 and 7.

    3 Definitions

     In these Regulations:

    amendment Act means the Renewable Energy (Electricity)

    Amendment Act 2009.

    Commonwealth certificate means a renewable energy

    certificate.

    Renewable Energy (Electricity) Amendment (Transitional 2009, 380 2 Provisions) Regulations 2009

    Regulation 4

    Commonwealth Regulations means the Renewable Energy

    (Electricity) Regulations 2001.

    Note The following expressions used in these Regulations are defined in

    Part 2 to Schedule 3 of the amendment Act:

    ? Commonwealth Act

    ? Commonwealth regulator

    ? renewable energy certificate

    ? small generation unit

    ? State Act

    ? State certificate

    ? State regulator.

    4 Conversion of State certificates

     (1) This regulation is made for subitem 6 (3) of Schedule 3 to the

    amendment Act and prescribes:

     (a) the form of the written notice required under subitems 6 (1)

    and (2) of that Schedule; and

     (b) the information that must be included in the form.

     (2) The notice must be in the form set out in Schedule 1.

     (3) The notice must:

     (a) state the number of State certificates being surrendered for

    the purposes of subitem 6 (1) or (2) of Schedule 3 to the

    amendment Act; and

     (b) state that each State certificate covered by the notice was

    surrendered:

     (i) under a provision of the State Act of the State that

    substantially corresponds to section 28A of the

    Commonwealth Act; and

     (ii) after 1 April 2010; and

     (iii) for the purposes of subitems 6 (1) and (2) of

    Schedule 3 to the amendment Act.

     (4) The notice must also include the following information in

    relation to each State certificate:

     (a) the unique identification code of the certificate;

     (b) the year in which the certificate was created;

2009, 380 Renewable Energy (Electricity) Amendment (Transitional 3 Provisions) Regulations 2009

Regulation 4

     (c) the name of the person who created the certificate;

     (d) the name of:

     (i) the person who owned the State certificate

    immediately before it was surrendered under the

    State Act; and

     (ii) each previous registered owner of the certificate;

     (e) the eligible renewable energy source of the electricity in

    respect of which the certificate was created;

     (f) details of the power station or small generation unit in

    respect of which the certificate was created;

     (g) for a certificate created in respect of electricity generated

    by a power station the date of generation of electricity

    in relation to the certificate;

     (h) for a certificate created in respect of electricity generated

    by a small generation unit the date on which the

    certificate was created in respect of the unit and the

    address where the unit is installed.

     (5) The notice must also include the following information:

     (a) if the person who owned the State certificate immediately

    before it was surrendered under the State Act has a

    registry account under the Commonwealth Act where the

    converted State certificate will be registered details of

    the account name and, where applicable, number;

     (b) if the person who owned the State certificate immediately

    before it was surrendered under the State Act does not

    have a registry account under the Commonwealth Act

    where the converted State certificate will be registered

    details of:

     (i) the account that will be created under the

    Commonwealth Act for registering the converted

    certificate; and

     (ii) the postal address, telephone number, fax number (if

    any) and email address (if any) of the person.

    Renewable Energy (Electricity) Amendment (Transitional 2009, 380 4 Provisions) Regulations 2009

    Regulation 6

5 Prescribed provisions

     For subitem 6 (5) of Schedule 3 to the amendment Act, the

    following provisions of the Commonwealth Act are prescribed:

     (a) for an accredited power station section 18;

     (b) for a solar water heater section 23;

     (c) for a small generation unit section 23C. 6 Transfer of registered person from State scheme to

    Commonwealth scheme

     (1) This regulation is made for paragraphs 9 (2) (a) and (b) of

    Schedule 3 to the amendment Act.

     (2) The provisions in subregulation (3) apply in relation to a

    person who is registered under a State Act if, on or after 1

    February 2010 but before 2 November 2010, a State regulator

    gives to the Commonwealth regulator a written notice that:

     (a) states that the person has requested the State regulator to

    notify the Commonwealth regulator that the person wishes

    to be registered under the Commonwealth Act; and

     (b) sets out the person’s registration number and account

    name under the State Act; and

     (c) states whether the person is registered as a person who

    may create certificates or a person to whom certificates

    may be assigned; and

     (d) sets out the person’s postal address, telephone number, fax

    number (if any) and email address (if any).

     (3) For subregulation (2), the following provisions apply:

     (a) upon receipt of the notice by the Commonwealth regulator:

     (i) the person is taken to have made an application (the

    deemed application) in accordance with section 10

    of the Commonwealth Act; and

     (ii) the Commonwealth regulator is taken to have

    approved the deemed application under section 11 of

    the Commonwealth Act;

    2009, 380 Renewable Energy (Electricity) Amendment (Transitional 5 Provisions) Regulations 2009

Regulation 7

     (b) as soon as practicable after receipt of the notice, the

    Commonwealth regulator:

     (i) must register the person under the Commonwealth

    Act as a person who may create certificates or as a

    person to whom certificates may be assigned, as the

    case requires; and

     (ii) must allocate the person a unique registration

    number and must advise the person of the number;

     (c) the person is, in relation to the deemed application,

    exempt from the fee prescribed under the Commonwealth

    Regulations for the making of applications under

    section 10 of the Commonwealth Act. 7 Number of renewable energy certificates for small

    generation units

     (1) This regulation is made for paragraph 9 (2) (c) of Schedule 3 to

    the amendment Act.

     (2) If:

     (a) a person is registered under the Commonwealth Act under

    regulation 6; and

     (b) at any time before that registration, the person had created

    certificates under a State Act in relation to a small

    generation unit; and

     (c) immediately before that registration, the person was not

    entitled to create any further certificates for the unit under

    the State Act;

    then the person is not entitled to create any further certificates

    in relation to the unit under the Commonwealth Act.

     (3) If:

     (a) a person is registered under the Commonwealth Act under

    regulation 6; and

     (b) at any time before that registration, the person had created

    certificates under a State Act in relation to a small

    generation unit; and

     (c) immediately before that registration, the person was

    entitled to create further certificates for the unit under the

    State Act but had not created those certificates;

    Renewable Energy (Electricity) Amendment (Transitional 2009, 380 6 Provisions) Regulations 2009

    Regulation 7

    then the person is entitled to create the same number of

    certificates in relation to the unit under the Commonwealth Act

    as the person would have been entitled to create under the State

    Act had the person not been registered under the

    Commonwealth Act.

    2009, 380 Renewable Energy (Electricity) Amendment (Transitional 7 Provisions) Regulations 2009

Schedule 1 Form of notice of surrender

Schedule 1 Form of notice of surrender

    (subregulation 4 (2))

    Renewable Energy (Electricity) Amendment (Transitional

    Provisions) Regulations 2009 NOTICE OF SURRENDER OF STATE CERTIFICATES FOR

    CONVERSION TO RENEWABLE ENERGY CERTIFICATES

    [DATE OF NOTIFICATION]

    I [FULL NAME OF NOMINATED PERSON] on behalf of [FULL NAME OF STATE REGULATOR] give notice that, in accordance with subitem

    [6 (2)/ 6 (3)] of Schedule 3 to the Renewable Energy (Electricity)

    Amendment Act 2009, [INSERT NUMBER] State certificates have been surrendered.

    The State certificates under this notice have been surrendered:

     (a) in accordance with [INSERT RELEVANT PROVISION OF

    RELEVANT STATE ACT] that substantially corresponds to

    Section 28A of the Commonwealth Act; and

     (b) after 1 April 2010; and

     (c) for the purposes of subitem [6 (2)/6 (3)] of Schedule 3 to the

    Renewable Energy (Electricity) Amendment Act 2009. Attachment 1 to this notice lists the persons who owned (owner) certificates covered by this notice immediately before their surrender,

    together with:

     (a) details of the number of certificates surrendered in respect of

    each owner; and

     (b) the following information:

     (i) if the owner has a Commonwealth registry account

    details of the owner’s Commonwealth account;

    Renewable Energy (Electricity) Amendment (Transitional 2009, 380 8 Provisions) Regulations 2009

    Form of notice of surrender Schedule 1

     (ii) if the owner does not have a Commonwealth registry

    account details of the account that will be created under

    the Commonwealth Act for registering the converted

    certificates and the owner’s contact details.

    The information required under subregulation 4 (4) of the Renewable Energy (Electricity) Amendment (Transitional Provisions) Regulations

    2009 in respect of each State certificate is set out in the Microsoft Excel

    spreadsheet in the CD-ROM included in Attachment 2 to this notice

    [NAME]

    [SIGNATURE]

    [DATE]

    ATTACHMENT 1: DETAILS OF STATE CERTIFICATES

    SURRENDERED

Name of Number of Existing Details of Contact details

    person State Commonwealth existing or if no existing

    certificates registry intended Commonwealth surrendered account? registry account Commonwealth registry account (Note 3) (Yes/No) (Note 1) (Note 2)

Notes:

    1. Name of person who owned the certificate immediately before surrender.

    2. Name, and number if applicable, of person’s existing or intended

    Commonwealth registry account.

    3. Postal address, telephone number, fax number (if any) and email address (if any).

    ATTACHMENT 2: CD ROM WITH MICROSOFT EXCEL

    SPREADSHEET

    2009, 380 Renewable Energy (Electricity) Amendment (Transitional 9 Provisions) Regulations 2009

Note

Note

    1. All legislative instruments and compilations are registered on the Federal

    Register of Legislative Instruments kept under the Legislative

    Instruments Act 2003. See http://www.frli.gov.au.

    Renewable Energy (Electricity) Amendment (Transitional 2009, 380 10 Provisions) Regulations 2009

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