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This is a Bill, not an Act. For current law, see the Acts databases.
Renewable Energy (New South Wales)
Bill 2007
No , 2007
A Bill for
An Act to establish a mandatory renewable energy target in relation to all electricity
consumed in New South Wales; and for other purposes.
Clause 1 Renewable Energy (New South Wales) Bill 2007
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Renewable Energy (New South Wales) Act 2007. 4
2 Commencement 5
(1) This Act commences on a day or days to be appointed by proclamation, 6
subject to subsection (2). 7
(2) If a provision of this Act has not commenced by 1 January 2008, it is 8
taken to have commenced on that day. 9
3 Definitions 10
(1) In this Act: 11
accredited power station means a relevant power station accredited 12
under Division 3 of Part 2. 13
arrangement means: 14
(a) any agreement, arrangement, understanding, promise or 15
undertaking, whether express or implied and whether or not 16
enforceable, or intended to be enforceable, by legal proceedings, 17
and 18
(b) any scheme, plan, proposal, action, course of action or course of 19
conduct. 20
business day means a day that is not a Saturday, a Sunday, or a public 21
holiday or bank holiday throughout New South Wales. 22
carried forward surplus has the meaning given by section 64. 23
certificate means a renewable energy certificate created under Division 24
4 of Part 2. 25
certificate surrender notice means a notice issued under section 72. 26
corresponding Act means: 27
(a) the Renewable Energy (Electricity) Act 2000 of the 28
Commonwealth, or 29
(b) the Victorian Renewable Energy Act 2006 of Victoria, or 30
(c) any Act of the Commonwealth, a State or a Territory declared by 31
the regulations to be an Act that corresponds to this Act. 32
Page 2
Renewable Energy (New South Wales) Bill 2007 Clause 3
Preliminary Part 1
corresponding regulator means: 1
(a) in relation to the Renewable Energy (Electricity) Act 2000 of the 2
Commonwealth, the Regulator within the meaning of section 3
5 (1) of that Act, or 4
(b) in relation to the Victorian Renewable Energy Act 2006 of 5
Victoria, the ESC within the meaning of that Act, or 6
(c) in relation to any other corresponding Act, the person or body 7
prescribed by the regulations. 8
corresponding scheme participant means: 9
(a) a person registered under a corresponding Act, or 10
(b) a nominated person within the meaning of a corresponding Act, 11
or 12
(c) a person declared by the regulations to be a corresponding 13
scheme participant. 14
corresponding scheme power station means a power station that is 15
accredited or provisionally accredited under a corresponding Act. 16
Department means the Department of Water and Energy. 17
electronic signature of a person means the person's unique 18
identification in an electronic form that is approved by the Scheme 19
Administrator under subsection (2). 20
eligible renewable energy source has the meaning given by section 22. 21
energy acquisition statement has the meaning given by section 67. 22
excluded acquisition has the meaning given by section 56. 23
exercise a function includes perform a duty. 24
function includes a power, authority or duty. 25
GWh means gigawatt hour. 26
MW means megawatt. 27
MWh means megawatt hour. 28
NEMMCO means the National Electricity Market Management 29
Company Limited (ACN 072 010 327). 30
nominated person, in relation to an accredited power station, means: 31
(a) if no approvals have been given under section 48 in relation to the 32
accredited power station--the person who made the application 33
for accreditation, or 34
(b) if one or more approvals have been given under that section in 35
relation to the accredited power station--the last person so 36
approved. 37
notional scheme acquisition has the meaning given by section 55. 38
Page 3
Clause 3 Renewable Energy (New South Wales) Bill 2007
Part 1 Preliminary
occupier, in relation to premises, includes a person present at the 1
premises who is in apparent control of the premises. 2
pre-scheme capacity, in relation to an accredited power station, means 3
that part of the capacity of the power station to generate electricity, 4
measured in MW, that is specified by the Scheme Administrator under 5
section 17 to be pre-scheme capacity. 6
premises includes the following: 7
(a) a structure, building or vehicle, 8
(b) a place (whether enclosed or built on or not), 9
(c) a part of a thing referred to in paragraph (a) or (b). 10
produce includes permit access to. 11
protected information means information disclosed to or obtained by a 12
corresponding regulator, or any other person exercising functions under 13
a corresponding Act, in the course of exercising those functions. 14
register of accredited power stations means the register of accredited 15
power stations maintained by the Scheme Administrator under Part 9. 16
register of applications for accredited power stations means the 17
register of applications for accredited power stations maintained by the 18
Scheme Administrator under Part 9. 19
register of registered persons means the register of registered persons 20
maintained by the Scheme Administrator under Part 9. 21
register of renewable energy certificates means the register of 22
renewable energy certificates maintained by the Scheme Administrator 23
under Part 9. 24
registered person means a person registered under Division 1 of Part 2. 25
registration number has the meaning given by section 11. 26
relevant entity has the meaning given by section 60. 27
relevant power station means a power station that is a Market 28
Generator within the meaning of the National Electricity Rules, as in 29
force from time to time, referred to in the National Electricity (NSW) 30
Law. 31
renewable energy certificate shortfall has the meaning given by 32
section 64. 33
renewable energy shortfall penalty has the meaning given by 34
section 62. 35
renewable power percentage means the percentage fixed under 36
section 65. 37
required GWh of electricity from eligible renewable energy sources 38
has the meaning given by section 66. 39
required renewable energy has the meaning given by section 64. 40
Page 4
Renewable Energy (New South Wales) Bill 2007 Clause 3
Preliminary Part 1
scheme acquisition means: 1
(a) a standard scheme acquisition, or 2
(b) a notional scheme acquisition, 3
but does not include an excluded acquisition. 4
Scheme Administrator means a person or body appointed for the time 5
being under this Act to exercise any of the functions of a Scheme 6
Administrator under this Act. 7
scheme capacity, in relation to an accredited power station, means that 8
part of the capacity of the power station to generate electricity, 9
measured in MW, that is specified by the Scheme Administrator under 10
section 17 to be scheme capacity. 11
scheme rules means rules made by the Minister under section 113. 12
search warrant means a warrant issued under section 104. 13
shortfall penalty rate for a year means the amount determined as 14
provided for by section 63. 15
small generation unit means a device that: 16
(a) generates electricity using an eligible renewable energy source, 17
and 18
(b) is a Market Generator within the meaning of the National 19
Electricity Rules, as in force from time to time, referred to in the 20
National Electricity (NSW) Law, and 21
(c) is specified by the scheme rules to be a small generation unit. 22
stakeholder, in relation to an accredited power station, means: 23
(a) a person who operates the accredited power station (whether 24
alone or together with one or more other persons), or 25
(b) a person who owns all, or a part, of the accredited power station 26
(whether alone or together with one or more other persons). 27
standard scheme acquisition has the meaning given by section 54. 28
trade exposed electricity intensive user has the meaning given by 29
section 114. 30
warrant premises, in relation to a search warrant, means the premises 31
to which the warrant relates. 32
year means calendar year. 33
(2) The Scheme Administrator may, in writing, approve an electronic form 34
for the purposes of the definition of electronic signature in subsection 35
(1). 36
Page 5
Clause 4 Renewable Energy (New South Wales) Bill 2007
Part 1 Preliminary
(3) In this Act, a reference to a renewable energy certificate created under 1
a corresponding Act includes a reference to a certificate, credit or other 2
thing created under a corresponding Act that confers a similar benefit to 3
the benefit conferred by a renewable energy certificate under this Act. 4
(4) Notes included in this Act do not form part of this Act. 5
4 Objects 6
The objects of this Act are: 7
(a) to establish a mandatory renewable energy target in relation to all 8
electricity consumed in New South Wales, and 9
(b) to increase the consumption of renewable energy in New South 10
Wales which will reduce the greenhouse gas emissions 11
associated with the production and use of electricity, and 12
(c) to encourage improvement in the renewable energy industry's 13
capacity to provide renewable energy at a more competitive 14
price. 15
5 Outline of Act 16
(1) This section provides an outline of the New South Wales renewable 17
energy target scheme established by this Act. This Act closely follows 18
the form and structure of the Victorian renewable energy scheme 19
implemented under the Victorian Renewable Energy Act 2006 of 20
Victoria and is similar in principle to the Commonwealth renewable 21
energy scheme implemented under the Renewable Energy (Electricity) 22
Act 2000 of the Commonwealth. 23
(2) The scheme facilitates the operation of a renewable energy market 24
based on tradeable renewable energy certificates created and sold by 25
persons who generate electricity using renewable energy sources. 26
(3) Certain persons who acquire electricity from the national electricity 27
market for use in New South Wales or who generate electricity for their 28
own use or for retail supply in New South Wales will be required to 29
acquire a certain percentage of electricity from renewable energy 30
sources each year. 31
(4) To comply with that renewable energy target, it is necessary to 32
surrender certificates that are created by energy generators that generate 33
electricity using renewable energy sources (such as hydro, wind and 34
solar). If a power station generates electricity using renewable energy 35
sources, the power station must be accredited under the Act before 36
certificates can be created in relation to the generation of the electricity. 37
A simplified procedure applies in relation to small generation units that 38
use renewable energy sources. 39
Page 6
Renewable Energy (New South Wales) Bill 2007 Clause 6
Preliminary Part 1
(5) Failure to surrender sufficient certificates to meet a target may result in 1
the imposition of a penalty. 2
(6) This section is explanatory only and does not affect any other provision 3
of this Act, or any other Act, or any instrument made under this or any 4
other Act. 5
6 Crown to be bound 6
This Act binds the Crown in right of New South Wales and, so far as the 7
legislative power of the Parliament permits, the Crown in all its other 8
capacities. 9
7 Extra-territorial operation 10
It is the intention of the Parliament that the operation of this Act should, 11
so far as possible, include operation in relation to the following: 12
(a) land situated outside New South Wales, whether in or outside 13
Australia, 14
(b) things situated outside New South Wales, whether in or outside 15
Australia, 16
(c) acts, transactions and matters done, entered into or occurring 17
outside New South Wales, whether in or outside Australia, 18
(d) things, acts, transactions and matters, (wherever situated, done, 19
entered into or occurring) that would, apart from this Act, be 20
governed or otherwise affected by the law of the Commonwealth, 21
another State, a Territory or a foreign country. 22
Page 7
Clause 8 Renewable Energy (New South Wales) Bill 2007
Part 2 Renewable energy certificates
Part 2 Renewable energy certificates 1
Division 1 Registration of persons 2
8 Who may apply to be registered? 3
(1) Any person may apply to the Scheme Administrator to be registered 4
under this Act. 5
(2) An application must: 6
(a) be made in a form and manner required by the Scheme 7
Administrator, and 8
(b) contain any information required by the Scheme Administrator, 9
and 10
(c) be accompanied by any documents required by the Scheme 11
Administrator, and 12
(d) be accompanied by, if required by the Scheme Administrator: 13
(i) evidence of the kind referred to in section 9 (1), and 14
(ii) a relevant undertaking referred to in section 9 (2) or (3), 15
and 16
(e) be accompanied by the relevant fee (if any) fixed under section 17
112. 18
9 Scheme Administrator may require further information and undertakings 19
from applicants 20
(1) The Scheme Administrator may require from an applicant under section 21
8 who is a corresponding scheme participant, evidence, in writing, that 22
the applicant has agreed with the relevant corresponding regulator for 23
the corresponding regulator to divulge or communicate to the Scheme 24
Administrator: 25
(a) protected information concerning the applicant, or 26
(b) any other information held by the corresponding regulator. 27
(2) The Scheme Administrator may require from an applicant under section 28
8 who is a corresponding scheme participant an undertaking, in such 29
terms as the Scheme Administrator may require, to the effect prescribed 30
by the regulations. 31
(3) The Scheme Administrator may require from an applicant under section 32
8 who is not a corresponding scheme participant an undertaking, in such 33
terms as the Scheme Administrator may require, to the effect prescribed 34
by the regulations. 35
Page 8
Renewable Energy (New South Wales) Bill 2007 Clause 10
Renewable energy certificates Part 2
10 Scheme Administrator to approve or refuse application 1
(1) If the Scheme Administrator receives an application that is properly 2
made under section 8, the Scheme Administrator must approve the 3
application. 4
(2) However: 5
(a) if the person is already registered, the Scheme Administrator 6
must refuse the application, or 7
(b) if a person's registration has been suspended under Division 8, 8
the person cannot be registered during the period of the 9
suspension. 10
11 Scheme Administrator to allocate registration numbers 11
If the Scheme Administrator approves an application, the Scheme 12
Administrator must allocate the applicant a unique registration number 13
and advise the applicant of the number. 14
Division 2 Provisional accreditation of power stations 15
12 Application for provisional accreditation of a relevant power station 16
(1) A registered person may apply to the Scheme Administrator for 17
provisional accreditation of the proposed components of an electricity 18
generation system that the person considers would, if assembled, be a 19
single relevant power station. 20
(2) An application must: 21
(a) be made in a form and manner required by the Scheme 22
Administrator, and 23
(b) specify the proposed components, and 24
(c) list the eligible renewable energy sources from which electricity 25
is intended to be generated, and 26
(d) contain any other information required by the Scheme 27
Administrator, and 28
(e) be accompanied by any documents required by the Scheme 29
Administrator, and 30
(f) be accompanied by the relevant fee (if any) fixed under section 31
112. 32
(3) The Scheme Administrator may also require from an applicant under 33
this section: 34
(a) who is a corresponding scheme participant, and 35
Page 9
Clause 13 Renewable Energy (New South Wales) Bill 2007
Part 2 Renewable energy certificates
(b) whose application is in respect of components of an electricity 1
generation system that are a corresponding scheme power station, 2
evidence, in writing, that the applicant has agreed with the relevant 3
corresponding regulator for the corresponding regulator to divulge or 4
communicate to the Scheme Administrator: 5
(c) information about the corresponding scheme power station, and 6
(d) protected information concerning the applicant, and 7
(e) any other information held by the corresponding regulator. 8
(4) The Scheme Administrator may also require from an applicant under 9
this section who is an applicant for accreditation or provisional 10
accreditation under a corresponding Act evidence, in writing, that the 11
applicant has agreed with the relevant corresponding regulator for the 12
corresponding regulator to divulge or communicate to the Scheme 13
Administrator: 14
(a) information about the components of the electricity generation 15
system that are also the subject of an application under the 16
corresponding Act, and 17
(b) protected information concerning the applicant, and 18
(c) any other information held by the relevant corresponding 19
regulator. 20
13 Scheme Administrator may give provisional accreditation 21
(1) If: 22
(a) the Scheme Administrator receives an application that is properly 23
made under section 12, and 24
(b) the Scheme Administrator is satisfied that some or all of the 25
proposed components of the system would, if assembled, 26
comprise a relevant power station for the purposes of this Act: 27
the Scheme Administrator must, by written notice given to the 28
applicant: 29
(c) specify which of those proposed components (the provisional 30
components) would, if assembled, comprise a relevant power 31
station for the purposes of this Act, and 32
(d) specify that, if an application is properly made under section 15 33
in relation to the relevant power station: 34
(i) the Scheme Administrator will decide that the components 35
specified in that application comprise a relevant power 36
station for the purposes of this Act if the Scheme 37
Administrator is satisfied that they are not materially 38
different from the provisional components, and 39
Page 10
Renewable Energy (New South Wales) Bill 2007 Clause 14
Renewable energy certificates Part 2
(ii) the relevant power station will be eligible for accreditation 1
if section 17 (3) is satisfied. 2
(2) If: 3
(a) the Scheme Administrator receives an application that is properly 4
made under section 12, and 5
(b) the Scheme Administrator is not satisfied that some or all of the 6
proposed components of the system would, if assembled, 7
comprise a relevant power station for the purposes of this Act, 8
the Scheme Administrator must, by written notice given to the 9
applicant, refuse the application. 10
(3) Scheme rules made for the purposes of section 17, in relation to 11
deciding the components of a relevant power station, apply in a 12
corresponding way to this section. 13
14 Time limit for deciding applications 14
(1) The Scheme Administrator must decide an application that is properly 15
made under section 12 within: 16
(a) the period of 40 business days beginning on the day the Scheme 17
Administrator received the application, or 18
(b) if, before the end of that period, the Scheme Administrator and 19
applicant agree to a longer period--that longer period. 20
(2) However, if, during the period applicable under subsection (1), the 21
Scheme Administrator, for the purpose of deciding the application, 22
requests information from an applicant, the period between the request 23
and the giving of the information must be disregarded for the purpose 24
of calculating the period applicable under subsection (1). 25
(3) If the Scheme Administrator has not decided the application within the 26
period applicable under this section, the Scheme Administrator is taken, 27
at the end of that period, to have made a decision under section 13 28
refusing the application. 29
Division 3 Accreditation of power stations 30
15 Application for accreditation 31
(1) A registered person may apply to the Scheme Administrator for 32
accreditation, as an accredited power station, of the components of an 33
electricity generation system that the person considers are a single 34
relevant power station if the person: 35
(a) operates those components (whether alone or together with one 36
or more other persons), or 37
Page 11
Clause 16 Renewable Energy (New South Wales) Bill 2007
Part 2 Renewable energy certificates
(b) owns all, or a part, of those components (whether alone or 1
together with one or more other persons). 2
(2) The application must: 3
(a) be made in a form and manner required by the Scheme 4
Administrator, and 5
(b) specify those components of the system that the applicant 6
considers are a single relevant power station, and 7
(c) specify each other person (if any) who: 8
(i) operates those components (whether alone or together with 9
one or more other persons), or 10
(ii) owns all, or a part, of those components (whether alone or 11
together with one or more other persons), and 12
(d) list: 13
(i) the eligible renewable energy sources from which 14
electricity is intended to be generated, and 15
(ii) the estimated average annual output from each source (in 16
MWh) listed under subparagraph (i), and 17
(iii) the possible scheme capacity, and 18
(iv) the estimated average annual output from each source (in 19
MWh) listed under subparagraph (i) utilising the possible 20
scheme capacity listed under subparagraph (iii), and 21
(e) contain any other information required by the Scheme 22
Administrator, and 23
(f) be accompanied by any documents required by the Scheme 24
Administrator, and 25
(g) if required by the Scheme Administrator, be accompanied by: 26
(i) evidence of the kind referred to in section 16 (2), and 27
(ii) a relevant undertaking referred to in section 16 (3) or 16 28
(4), and 29
(h) be accompanied by a statement in writing from each other person 30
(if any) specified under paragraph (c) indicating that the other 31
person agrees to the making of the application, and 32
(i) be accompanied by the relevant fee (if any) fixed under section 33
112. 34
16 Scheme Administrator may require further information and undertakings 35
from applicants 36
(1) Subsections (2) and (3) apply to an applicant under section 15: 37
(a) who is a corresponding scheme participant, and 38
Page 12
Renewable Energy (New South Wales) Bill 2007 Clause 17
Renewable energy certificates Part 2
(b) whose application is in respect of components of an electricity 1
generation system that are a corresponding scheme power station. 2
(2) The Scheme Administrator may require from the applicant evidence, in 3
writing, that: 4
(a) the applicant has agreed with the relevant corresponding 5
regulator for the corresponding regulator to divulge or 6
communicate to the Scheme Administrator information about the 7
corresponding scheme power station, and 8
(b) the applicant has agreed with the relevant corresponding 9
regulator for the corresponding regulator to divulge or 10
communicate to the Scheme Administrator: 11
(i) protected information concerning the applicant, or 12
(ii) any other information held by the corresponding regulator, 13
and 14
(c) the persons specified in the application in accordance with 15
section 15 (2) (c) have agreed with the applicant that they will 16
each agree with the relevant corresponding regulator for the 17
corresponding regulator to divulge or communicate to the 18
Scheme Administrator: 19
(i) protected information concerning them, or 20
(ii) any other information held by the corresponding regulator. 21
(3) The Scheme Administrator may require from the applicant an 22
undertaking, in such terms as the Scheme Administrator may require, to 23
the effect prescribed by the regulations. 24
(4) The Scheme Administrator may require from an applicant under section 25
15 who is not a corresponding scheme participant at the time of the 26
application an undertaking, in such terms as the Scheme Administrator 27
may require, to the effect prescribed by the regulations. 28
17 Scheme Administrator to decide certain matters 29
(1) If the Scheme Administrator receives an application that is properly 30
made under section 15, the Scheme Administrator must: 31
(a) decide, in accordance with the scheme rules, which components 32
of the system comprise a relevant power station for the purposes 33
of this Act, and 34
(b) decide whether the relevant power station is eligible for 35
accreditation. 36
Note. A decision under subsection (1) (a) may be varied: see Division 10. 37
Page 13
Clause 17 Renewable Energy (New South Wales) Bill 2007
Part 2 Renewable energy certificates
(2) If: 1
(a) the Scheme Administrator gave a person a notice under section 2
13 (1) in relation to the relevant power station, and 3
(b) the Scheme Administrator is satisfied that the components 4
specified in the application under section 15 are not materially 5
different from the provisional components specified under 6
section 13 (1), 7
the Scheme Administrator must decide, under subsection (1) (a) of this 8
section, that the components specified in the application under 9
section 15 comprise a relevant power station for the purposes of this 10
Act. 11
(3) A relevant power station is eligible for accreditation if: 12
(a) some or all of the electricity generated by the relevant power 13
station is generated from an eligible renewable energy source, 14
and 15
(b) the relevant power station satisfies any requirements specified in 16
the scheme rules. 17
(4) However, a relevant power station is not eligible for accreditation if the 18
Scheme Administrator is satisfied that a previous decision under 19
subsection (1) (a) should be varied to include the components of the 20
system specified in the application for accreditation. 21
(5) If the Scheme Administrator decides that the relevant power station is 22
eligible for accreditation, the Scheme Administrator must also specify 23
in its decision: 24
(a) in accordance with subsection (6), the pre-scheme capacity (if 25
any) of the relevant power station, and 26
(b) in accordance with subsection (7), the scheme capacity of the 27
relevant power station, and 28
(c) any energy sources used by the relevant power station that are not 29
eligible renewable energy sources. 30
(6) The Scheme Administrator must, in accordance with the scheme rules, 31
specify that part of the power station's capacity (if any) that has been 32
utilised to generate electricity on a commercial basis before 1 January 33
2007. 34
(7) The Scheme Administrator must, in accordance with the scheme rules, 35
specify the scheme capacity of the power station, being the total of the 36
following: 37
(a) additional capacity, being the amount (if any) by which the power 38
station's capacity to generate electricity, measured in MW, 39
exceeds the power station's pre-scheme capacity, 40
Page 14
Renewable Energy (New South Wales) Bill 2007 Clause 18
Renewable energy certificates Part 2
(b) fossil fuel replacement capacity, being the amount (if any) of the 1
power station's capacity to generate electricity that is generated 2
using eligible renewable energy sources, measured in MW, and 3
which immediately before 1 January 2007 was generated using 4
fossil fuel (not being capacity that is counted under paragraph 5
(a)). 6
(8) To avoid doubt: 7
(a) the scheme rules may provide that a relevant power station 8
includes components that are integral to the operation of the 9
relevant power station or to the generation of electricity by the 10
relevant power station, and 11
(b) the pre-scheme capacity for an accredited power station may be 12
nil, and 13
(c) a power station's fossil fuel replacement capacity may be counted 14
towards scheme capacity even though it is not additional 15
capacity. 16
(9) In this section: 17
commercial basis, in relation to the generation of electricity, means the 18
generation of electricity: 19
(a) for sale to another person for the primary purpose of earning 20
revenue, 21
(b) primarily for use by the person generating it or a related body 22
corporate. 23
fossil fuel includes materials or waste products derived from fossil fuel. 24
related body corporate has the same meaning as in section 50 of the 25
Corporations Act 2001 of the Commonwealth. 26
18 Scheme Administrator to approve or refuse application 27
If the Scheme Administrator decides that a relevant power station is 28
eligible for accreditation, the Scheme Administrator must approve the 29
application. In any other case, the Scheme Administrator must refuse 30
the application. 31
Note. The accreditation of an accredited power station may be suspended: see 32
Division 11. 33
19 Time limit for deciding applications 34
(1) The Scheme Administrator must decide an application that is properly 35
made under section 15 within: 36
(a) the period of 40 business days beginning on the day the Scheme 37
Administrator received the application, or 38
Page 15
Clause 20 Renewable Energy (New South Wales) Bill 2007
Part 2 Renewable energy certificates
(b) if, before the end of that period, the Scheme Administrator and 1
applicant agree to a longer period--that longer period. 2
(2) However, if, during the period applicable under subsection (1), the 3
Scheme Administrator, for the purpose of deciding the application, 4
requests information from an applicant, the period between the request 5
and the giving of the information must be disregarded for the purpose 6
of calculating the period applicable under subsection (1). 7
(3) If the Scheme Administrator has not decided the application within the 8
period applicable under subsection (1), the Scheme Administrator is 9
taken, at the end of that period, to have made a decision under section 18 10
refusing the application. 11
20 Nominated person for accredited power station 12
If the Scheme Administrator approves an application, the applicant 13
becomes the nominated person for the accredited power station. 14
Note. The nominated person for the accredited power station is able to create 15
certificates for electricity generated by the accredited power station: see 16
section 26. The nominated person may change: see Division 9. 17
21 Scheme Administrator to allocate identification codes 18
If the Scheme Administrator approves an application, the Scheme 19
Administrator must allocate the accredited power station a unique 20
identification code and advise the applicant of the code. 21
22 What is an eligible renewable energy source? 22
The following energy sources are eligible renewable energy sources: 23
(a) hydro, 24
(b) wave, 25
(c) tide, 26
(d) ocean, 27
(e) wind, 28
(f) solar (other than solar energy used in a device primarily for 29
heating water), 30
(g) geothermal-aquifer, 31
(h) hot dry rock, 32
(i) energy crops, 33
(j) wood waste, 34
(k) agricultural waste, 35
(l) waste from processing of agricultural products, 36
Page 16
Renewable Energy (New South Wales) Bill 2007 Clause 23
Renewable energy certificates Part 2
(m) food waste, 1
(n) food processing waste, 2
(o) bagasse, 3
(p) black liquor, 4
(q) biomass-based components of municipal solid waste, 5
(r) landfill gas, 6
(s) sewage gas and biomass-based components of sewage, 7
(t) any other energy source specified by the regulations under 8
section 24. 9
23 What is not an eligible renewable energy source? 10
(1) Despite section 22, the following energy sources are not eligible 11
renewable energy sources: 12
(a) fossil fuel, 13
(b) materials or waste products derived from fossil fuel, 14
(c) native forest bio-material. 15
(2) In this section: 16
native forest bio-material means the bio-material comprised in any tree, 17
of a species that is indigenous to Australia, other than: 18
(a) bio-material obtained from a plantation in New South Wales in 19
the course of operations that are authorised under the Plantations 20
and Reafforestation Act 1999 or in the course of operations that 21
do not require the plantation to be authorised under that Act, or 22
(b) bio-material obtained from a plantation outside of New South 23
Wales in the course of operations that are authorised under an Act 24
of another State or a Territory that is declared by the regulations 25
to be an Act that corresponds to the Plantations and 26
Reafforestation Act 1999, or 27
(c) sawdust or other sawmill waste, or 28
(d) waste arising from wood processing or the manufacture of 29
wooden products, other than waste arising from activities (such 30
as woodchipping or the manufacture of railway sleepers) carried 31
out at the location at which the tree is harvested. 32
24 Specification of energy sources as eligible renewable energy sources 33
The regulations may specify an energy source (other than an energy 34
source specified in section 22 (a)-(s) or section 23) to be an eligible 35
renewable energy source. 36
Page 17
Clause 25 Renewable Energy (New South Wales) Bill 2007
Part 2 Renewable energy certificates
25 Scheme rules may provide for or in relation to meaning of energy 1
sources 2
(1) For the purposes of this Act, the scheme rules may provide that an 3
energy source referred to in section 22 or 23 (other than an energy 4
source specified in section 23 (1) (c)) has the meaning specified in the 5
scheme rules. 6
(2) For the purposes of this Act, the scheme rules may make provision for 7
and in relation to limiting the meaning of an energy source referred to 8
in section 22. 9
(3) For the purposes of this Act, the scheme rules may make provision for 10
and in relation to extending the meaning of an energy source referred to 11
in section 23. 12
Division 4 Creation of certificates 13
Subdivision 1 Electricity generation 14
26 Creating certificates for additional renewable electricity 15
(1) The nominated person for an accredited power station may create a 16
certificate for each whole MWh of electricity generated by the power 17
station utilising scheme capacity: 18
(a) on and from the day on which this section commences or the day 19
on which electricity is first generated utilising scheme capacity 20
(whichever is the later), and 21
(b) subject to sections 28 and 37, until the day that is 15 elapsed 22
years after the day referred to in paragraph (a). 23
(2) A certificate must not be created in respect of a whole MWh of 24
electricity generated partly in one year and partly in the following year 25
utilising scheme capacity. 26
(3) If the amount of electricity generated by an accredited power station 27
during a year utilising scheme capacity is less than 1 MWh but greater 28
than or equal to 0.5 MWh, the nominated person for the power station 29
may create 1 certificate in respect of the electricity generated during the 30
year. 31
(4) The amount of electricity generated by an accredited power station 32
utilising scheme capacity is to be worked out in accordance with the 33
scheme rules. 34
(5) Electricity is to be excluded from all calculations under this section: 35
(a) to the extent that the electricity was generated using any energy 36
sources that are not eligible renewable energy sources, or 37
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Renewable Energy (New South Wales) Bill 2007 Clause 27
Renewable energy certificates Part 2
(b) to the extent that the electricity was generated during any period 1
of suspension of the accreditation of the accredited power station 2
under Division 11. 3
(6) The nominated person for an accredited power station must not create 4
any certificates during any period of suspension of the person's 5
registration under Division 8. 6
Note. See also section 38 (Improper creation of certificates). 7
27 When certificates may be created 8
A certificate may be created at any time after the generation of the final 9
part of the electricity in relation to which it is created and before the end 10
of the year after the year of generation. 11
Note. For the offence related to the improper creation of certificates, see 12
section 38. 13
28 Certificates must not be created if certificates already created under 14
other scheme 15
(1) A nominated person must not create a certificate for electricity 16
generated if: 17
(a) a renewable energy certificate under a corresponding Act has 18
been created in respect of the generation of that electricity, or 19
(b) an abatement certificate under Part 8A of the Electricity Supply 20
Act 1995 has been created in respect of the generation of that 21
electricity, or 22
(c) a certificate, credit or other thing conferring a similar benefit to 23
the benefit conferred by a renewable energy certificate under this 24
Act has been created in respect of the generation of that 25
electricity under a voluntary renewable energy scheme. 26
(2) A nominated person, in relation to a power station, must not create a 27
certificate for electricity generated by the power station if the electricity 28
was generated utilising scheme capacity (within the meaning of a 29
corresponding Act) specified in relation to that power station under the 30
corresponding Act and more than 15 years have elapsed since the day 31
on which electricity was first generated utilising that scheme capacity. 32
(3) The scheme rules may make further provision for scheme switching 33
(that is, the participation in the scheme provided for by this Act by a 34
person who is a participant in another renewable energy scheme). 35
(4) Without limiting subsection (3), the scheme rules may prohibit or 36
restrict the creation of certificates under this Act by a person who is a 37
participant in another renewable energy scheme. 38
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Clause 29 Renewable Energy (New South Wales) Bill 2007
Part 2 Renewable energy certificates
(5) For the purposes of this section, a person is a participant in another 1
renewable energy scheme if: 2
(a) the person has been or is a corresponding scheme participant, or 3
(b) the person has been or is a participant in the scheme provided for 4
by Part 8A of the Electricity Supply Act 1995 or a voluntary 5
renewable energy scheme, or 6
(c) the power station in relation to which the person is a nominated 7
person is a corresponding scheme power station or is or has been 8
accredited under a scheme referred to in paragraph (b). 9
(6) For the purposes of this section, voluntary renewable energy scheme 10
means a voluntary scheme to encourage the generation or consumption 11
(or both) of renewable energy that is determined by the Minister, by 12
order published in the Gazette, to be a voluntary renewable energy 13
scheme for the purposes of this Act. 14
29 Electricity generation returns 15
(1) The nominated person for an accredited power station must give an 16
electricity generation return for a year to the Scheme Administrator on 17
or before: 18
(a) 14 March in the following year, or 19
(b) any later day allowed by the Scheme Administrator. 20
(2) The return must include details of: 21
(a) the amount of electricity generated by the power station during 22
the year utilising scheme capacity, and 23
(b) the amount of that electricity that was generated during the year 24
using eligible renewable energy sources, and 25
(c) the number of certificates created during the year in respect of the 26
electricity generated by the power station during the year utilising 27
scheme capacity, and 28
(d) the number of certificates created during the year in respect of 29
any electricity generated by the power station during the previous 30
year utilising scheme capacity, and 31
(e) any other information specified by the scheme rules. 32
(3) A return must also be audited in accordance with the scheme rules 33
before it is given to the Scheme Administrator. 34
(4) An electricity generation return is not required in relation to a year in 35
which a power station was not accredited. 36
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Renewable Energy (New South Wales) Bill 2007 Clause 30
Renewable energy certificates Part 2
Subdivision 2 Small generation units 1
30 When a certificate may be created 2
(1) If a small generation unit is installed on or after 1 January 2007, 3
certificates may be created on or from the day on which the small 4
generation unit is installed or the day on which this section commences 5
(whichever is the later). 6
(2) The scheme rules may make provision in relation to the time at which a 7
small generation unit is taken to have been installed. 8
(3) The scheme rules may make provision in relation to: 9
(a) the time when a right to create certificates in relation to a small 10
generation unit arises, and 11
(b) the period within which certificates may be created in relation to 12
a small generation unit. 13
31 How many certificates may be created 14
The number of certificates (each representing 1 MWh) that may be 15
created in relation to a small generation unit is to be determined in 16
accordance with the scheme rules. 17
32 Who may create a certificate? 18
(1) The owner of the small generation unit at the time that a right to create 19
a certificate or certificates arises in relation to the small generation unit 20
is entitled to create the certificate or certificates. 21
(2) However, the owner may, by written notice, and in accordance with the 22
scheme rules, assign the right to create the certificate or certificates to 23
another person. If the owner does this, the owner is not entitled to create 24
the certificate or certificates but the person to whom the right was 25
assigned is entitled to create the certificate or certificates. 26
(3) Despite subsections (1) and (2) a person who is not registered must not 27
create a certificate that relates to the small generation unit. 28
33 No other certificates to be created 29
A registered person must not create certificates under Subdivision 1 in 30
respect of electricity generated by a small generation unit, unless an 31
election is made under section 35 in relation to that unit. 32
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Clause 34 Renewable Energy (New South Wales) Bill 2007
Part 2 Renewable energy certificates
34 Certificates must not be created if certificates already created under 1
other scheme 2
(1) A registered person must not create a certificate for the electricity 3
generated by a small generation unit if: 4
(a) a renewable energy certificate under a corresponding Act has 5
been created in respect of the generation of that electricity, or 6
(b) an abatement certificate under Part 8A of the Electricity Supply 7
Act 1995 has been created in respect of the generation of that 8
electricity, or 9
(c) a certificate, credit or other thing conferring a similar benefit to 10
the benefit conferred by a renewable energy certificate under this 11
Act has been created in respect of the generation of that 12
electricity under a voluntary renewable energy scheme. 13
(2) The scheme rules may make further provision for scheme switching 14
(that is, the participation in the scheme provided for by this Act by a 15
person who is a participant in another renewable energy scheme). 16
(3) Without limiting subsection (2), the scheme rules may prohibit or 17
restrict the creation of certificates under this Act by a person who is a 18
participant in another renewable energy scheme. 19
(4) For the purposes of this section, a person is a participant in another 20
renewable energy scheme if: 21
(a) the person has been or is a corresponding scheme participant, or 22
(b) the person has been or is a participant in the scheme provided for 23
by Part 8A of the Electricity Supply Act 1995 or a voluntary 24
renewable energy scheme, or 25
(c) the small generation unit in relation to which the person is a 26
registered person is or has been accredited under a scheme 27
referred to in paragraph (b). 28
(5) In this section, voluntary renewable energy scheme means a voluntary 29
scheme to encourage the generation or consumption (or both) of 30
renewable energy that is determined by the Minister, by order published 31
in the Gazette, to be a voluntary renewable energy scheme for the 32
purposes of this Act. 33
35 Election to not create certificates under this Subdivision 34
(1) In this section: 35
qualifying small generation unit means a small generation unit of a 36
kind specified in the scheme rules for the purposes of this section. 37
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Renewable Energy (New South Wales) Bill 2007 Clause 36
Renewable energy certificates Part 2
(2) The owner of a qualifying small generation unit at the time that it is 1
installed may give the Scheme Administrator a notice in writing 2
electing that this Subdivision does not apply to the creation of 3
certificates that relate to the unit. 4
(3) The owner must make the election within the period of 20 business days 5
beginning on the day the unit is installed and before any certificates are 6
created under this Subdivision that relate to the unit. 7
(4) If an election is made, a person must not create certificates under this 8
Subdivision that relate to the unit. 9
Note. A person may be able to create certificates under Subdivision 1 that relate 10
to the unit. 11
(5) An election must not be varied or revoked. 12
36 Small generation unit returns 13
(1) If the sum of the number of certificates created by a person during a year 14
under this Subdivision exceeds 250, the person must give a return for 15
the year to the Scheme Administrator on or before: 16
(a) 14 March in the following year, or 17
(b) any later day allowed by the Scheme Administrator. 18
(2) The return must include details of: 19
(a) the number of certificates the person created under this 20
Subdivision during the year, and 21
(b) the number of certificates the person is entitled to create under 22
this Subdivision because of rights assigned to the person under 23
section 32 (2) during the year, and 24
(c) any other information specified by the scheme rules. 25
(3) A return must also be audited in accordance with the scheme rules 26
before it is given to the Scheme Administrator. 27
Subdivision 3 End of right to create certificates 28
37 No certificates can be created on or after 1 January 2031 29
No certificates can be created under: 30
(a) Subdivision 1 in respect of electricity generated, or 31
(b) Subdivision 2 in respect of a small generation unit installed, 32
on or after 1 January 2031. 33
Page 23
Clause 38 Renewable Energy (New South Wales) Bill 2007
Part 2 Renewable energy certificates
Subdivision 4 Improper creation of certificates 1
38 Improper creation of certificates 2
(1) A person who is not entitled under this Act to create a certificate must 3
not create a certificate. 4
Maximum penalty: 5
(a) in the case of a body corporate--240 penalty units, or 6
(b) in the case of an individual--60 penalty units. 7
(2) In determining whether a person was not entitled to create a certificate 8
under this Act, the fact that the certificate has been registered by the 9
Scheme Administrator under section 41 is to be disregarded. 10
Note. This ensures that a person cannot raise as relevant evidence the fact that 11
a certificate has been registered. 12
Division 5 Form and registration of certificates 13
39 Form and content of certificates--accredited power stations 14
(1) Certificates under Subdivision 1 of Division 4 are to be created in an 15
electronic form approved in writing by the Scheme Administrator. 16
(2) Each certificate is to contain: 17
(a) a unique identification code, and 18
(b) the electronic signature of the registered person who created the 19
certificate, and 20
(c) the date on which the final part of the electricity was generated, 21
and 22
(d) details of the eligible renewable energy source or sources of that 23
electricity, and 24
(e) the date on which the certificate was created. 25
(3) A certificate's unique identification code is to consist of the following 26
in the following order: 27
(a) the registered person's registration number, 28
(b) the accredited power station's identification code, 29
(c) the year, 30
(d) a number in an unbroken sequence, that is used for all certificates 31
issued in respect of electricity generated by the accredited power 32
station in that year, that starts at one and has increments of one. 33
Page 24
Renewable Energy (New South Wales) Bill 2007 Clause 40
Renewable energy certificates Part 2
40 Form and content of certificates--small generation units 1
(1) Certificates under Subdivision 2 of Division 4 are to be created in an 2
electronic form approved in writing by the Scheme Administrator. 3
(2) Each certificate is to contain: 4
(a) a unique identification code, and 5
(b) the electronic signature of the registered person who created the 6
certificate, and 7
(c) the date on which the small generation unit concerned was 8
installed, and 9
(d) details of the eligible renewable energy source in respect of 10
which the certificate was created, and 11
(e) the date on which the certificate was created. 12
(3) A certificate's unique identification code is to consist of the following 13
in the following order: 14
(a) the registered person's registration number, and 15
(b) a number in an unbroken sequence that is used for all certificates 16
created by the registered person in that year and that starts at one 17
and has increments of one. 18
41 Certificates must be registered 19
(1) A certificate is not valid until it has been registered by the Scheme 20
Administrator. 21
(2) If the Scheme Administrator is notified that a certificate has been 22
created, the Scheme Administrator must decide whether the certificate 23
is eligible for registration. 24
(3) A certificate is not eligible for registration unless the Scheme 25
Administrator has been paid the relevant fee (if any) fixed under section 26
112 for the registration of the certificate. 27
(4) If the Scheme Administrator decides that a certificate is eligible for 28
registration, the Scheme Administrator must create an entry for the 29
certificate in the register of renewable energy certificates and record the 30
person who created the certificate as the owner of the certificate. 31
(5) If the Scheme Administrator decides that a certificate is not eligible for 32
registration, or has been improperly created, the Scheme Administrator 33
must: 34
(a) not register the certificate, and 35
(b) notify the person who created the certificate. 36
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Clause 42 Renewable Energy (New South Wales) Bill 2007
Part 2 Renewable energy certificates
(6) The Scheme Administrator may at any time (whether before or after the 1
registration of a certificate) require the person who created the 2
certificate to provide to the Scheme Administrator a written statement 3
containing such information as the Scheme Administrator requires in 4
connection with the creation of the certificate. The person who created 5
the certificate must provide the statement within the period (not being a 6
period of less than 10 business days) specified by the Scheme 7
Administrator. 8
Division 6 Transfer of certificates 9
42 Certificates may be transferred 10
(1) Certificates that have been registered under section 41 may be 11
transferred to any person. 12
(2) To avoid doubt, a certificate may be transferred to a person who does 13
not acquire the electricity generated to which the certificate relates. 14
43 Scheme Administrator to be notified 15
(1) The Scheme Administrator must be notified of each transfer of a 16
certificate. 17
(2) The notification must be by electronic transmission in the manner 18
specified, in writing, by the Scheme Administrator. 19
(3) The notification must be accompanied by the relevant fee (if any) fixed 20
under section 112. 21
(4) When the Scheme Administrator is notified, the Scheme Administrator 22
must alter the register of certificates to show the transferee as the owner 23
of the certificate. 24
Division 7 Retirement of certificates 25
44 Owner may surrender certificate 26
(1) The owner of a certificate may surrender the certificate to the Scheme 27
Administrator under this section. 28
Note 1. The register of renewable energy certificates must contain the name of 29
the current owner of each certificate. 30
Note 2. Certificates must also be surrendered under section 67 and may also 31
be required to be surrendered in accordance with a certificate surrender notice, 32
or under section 73 or 74. 33
(2) The owner of a certificate must, at the same time, give the Scheme 34
Administrator reasons, in writing, why the owner is surrendering the 35
certificate. 36
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Renewable Energy (New South Wales) Bill 2007 Clause 45
Renewable energy certificates Part 2
(3) A certificate surrendered under this section must not be included in an 1
energy acquisition statement. 2
45 Retirement of certificates 3
(1) If a certificate is surrendered under section 44 or 67, or in compliance 4
with a surrender certificate notice or an order under section 73 or 74, the 5
certificate ceases to be valid. 6
(2) On a certificate ceasing to be valid, the Scheme Administrator must 7
alter the entry relating to the certificate in the register of certificates to 8
show that the certificate is no longer valid. 9
Division 8 Suspension of registration 10
46 Suspension of registration--conviction for improper creation of 11
certificates 12
(1) If a registered person has been convicted of an offence under section 38, 13
the Scheme Administrator may suspend the person's registration for 14
such period (not exceeding 2 years) as the Scheme Administrator 15
considers appropriate in all of the circumstances. 16
(2) If a person whose registration has previously been suspended under 17
subsection (1) is convicted of another offence under section 38, the 18
Scheme Administrator may suspend the person's registration for such 19
period (including permanently) as the Scheme Administrator considers 20
appropriate in all of the circumstances. 21
47 Suspension of registration--other grounds 22
(1) The Scheme Administrator may, by written notice, suspend the 23
registration of a registered person if the Scheme Administrator believes 24
on reasonable grounds that the person: 25
(a) has committed an offence against this Act, or 26
(b) has breached an undertaking given to the Scheme Administrator 27
under Division 1. 28
(2) A registration that is suspended under subsection (1) is suspended for 29
such period (not exceeding 12 months) as the Scheme Administrator 30
considers appropriate in all of the circumstances. That period must be 31
specified in the notice. 32
(3) The Scheme Administrator may, by written notice, suspend the 33
registration of a registered person if the registration was obtained 34
improperly. 35
Page 27
Clause 48 Renewable Energy (New South Wales) Bill 2007
Part 2 Renewable energy certificates
(4) A registration that is suspended under subsection (3) is suspended for 1
such period (including permanently) as the Scheme Administrator 2
considers appropriate in all of the circumstances. That period must be 3
specified in the notice. 4
Division 9 Changing the nominated person for an accredited 5
power station 6
48 Changing the nominated person for an accredited power station 7
(1) A registered person who is a stakeholder in relation to an accredited 8
power station may apply to the Scheme Administrator for approval to 9
become the nominated person for the power station. 10
Note. The nominated person is able to create certificates in respect of electricity 11
generated by the power station--see section 26. 12
(2) The application must: 13
(a) be made in a form and manner required by the Scheme 14
Administrator, and 15
(b) contain any information required by the Scheme Administrator, 16
and 17
(c) be accompanied by any documents required by the Scheme 18
Administrator, and 19
(d) if required by the Scheme Administrator, be accompanied by: 20
(i) evidence of the kind referred to in section 16 (2), and 21
(ii) an undertaking in the form of a relevant undertaking 22
referred to in section 16 (3) or 16 (4), and 23
(e) be accompanied by a statement in writing from each other 24
stakeholder indicating that the other stakeholder agrees to the 25
making of the application, and 26
(f) be accompanied by the relevant fee (if any) fixed under section 27
112. 28
(3) If the Scheme Administrator receives an application that is properly 29
made, the Scheme Administrator must, by written notice, approve the 30
applicant as the nominated person for the accredited power station. 31
(4) Otherwise, the Scheme Administrator must refuse to so approve the 32
applicant and must notify the applicant accordingly. 33
(5) For the purposes of subsection (2) (d) (i) and (ii) section 16 applies to 34
an application under this section as if: 35
(a) a reference in that section to the applicant were a reference to an 36
applicant under this section, and 37
Page 28
Renewable Energy (New South Wales) Bill 2007 Clause 49
Renewable energy certificates Part 2
(b) in section 16 (2) (c), a reference to persons specified in the 1
application under section 15 (2) (c) were a reference to other 2
stakeholders. 3
Division 10 Varying what constitutes a power station 4
49 Varying what constitutes an accredited power station 5
(1) The Scheme Administrator may, by written notice, vary a decision 6
under section 17 (1) (a). The Scheme Administrator may do so only in 7
relation to an accredited power station. 8
(2) The Scheme Administrator may only do so upon application by the 9
nominated person for the accredited power station. 10
(3) The application must: 11
(a) be made in a form and manner required by the Scheme 12
Administrator, and 13
(b) contain any information required by the Scheme Administrator, 14
and 15
(c) be accompanied by any documents required by the Scheme 16
Administrator, and 17
(d) be accompanied by the relevant fee (if any) under section 112. 18
(4) If the Scheme Administrator refuses the application, the Scheme 19
Administrator must notify, in writing, the applicant accordingly. 20
Division 11 Suspending the accreditation of a relevant power 21
station 22
50 Suspending the accreditation of a relevant power station-- 23
interconnected power stations 24
(1) The Scheme Administrator may, by written notice, suspend the 25
accreditation of an accredited power station if: 26
(a) the power station is part of a group of interconnected power 27
stations, and 28
(b) at any time one or more of the power stations (an excess station) 29
in the group generates electricity utilising its scheme capacity, 30
and 31
(c) the Scheme Administrator is satisfied that at the time the excess 32
station generates electricity utilising its scheme capacity (the 33
relevant time), one or more of the power stations (a shortfall 34
station) in the group generates less electricity than it would have 35
generated but for a gaming arrangement, and 36
Page 29
Clause 51 Renewable Energy (New South Wales) Bill 2007
Part 2 Renewable energy certificates
(d) the Scheme Administrator is satisfied that more certificates were 1
able to be created in relation to electricity generated at the 2
relevant time than would have been able to be created but for the 3
gaming arrangement. 4
(2) The accreditation is suspended for such period (including permanently) 5
as the Scheme Administrator considers appropriate in all of the 6
circumstances. That period must be specified in the notice. 7
Note. Any electricity generated by the power station while its accreditation is 8
suspended is to be excluded from all calculations under section 26--see 9
section 26 (5). 10
(3) Two or more power stations form a group of interconnected power 11
stations if: 12
(a) each power station is able to generate electricity utilising a 13
particular supply (the relevant supply) of an eligible renewable 14
energy source, and 15
(b) each of the power stations is owned or operated by the same 16
person (whether alone or together with another person). 17
(4) In deciding whether or not to suspend the accreditation of an accredited 18
power station under subsection (1), the Scheme Administrator must 19
have regard to: 20
(a) any relevant information available that demonstrates whether or 21
not the group of interconnected power stations generated less 22
electricity than it would have but for a gaming arrangement, and 23
(b) any matter specified in the scheme rules for the purposes of this 24
subsection. 25
(5) The Scheme Administrator may have regard to such other matters as it 26
thinks appropriate. 27
(6) In this section: 28
gaming arrangement means an arrangement to coordinate the amount 29
of electricity generated by each power station in a group of 30
interconnected power stations utilising the relevant supply for the 31
primary purpose of allowing more certificates to be created than would 32
have been able to be created but for the arrangement. 33
51 Suspending the accreditation of a power station--other grounds 34
(1) The Scheme Administrator may, by written notice, suspend the 35
accreditation of an accredited power station if: 36
(a) an electricity generation return for a year, in respect of the power 37
station, has not been given to the Scheme Administrator in 38
accordance with section 29, or 39
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Renewable Energy (New South Wales) Bill 2007 Clause 52
Renewable energy certificates Part 2
(b) the Scheme Administrator believes on reasonable grounds that 1
the nominated person in relation to the accredited power station, 2
has breached an undertaking given to the Scheme Administrator 3
under Division 3 or 9, or 4
(c) the Scheme Administrator believes on reasonable grounds that 5
the power station is being operated in contravention of a law of 6
New South Wales, the Commonwealth, another State or a 7
Territory. 8
(2) An accreditation that is suspended under subsection (1) (a) is suspended 9
until the return is given to the Scheme Administrator in accordance with 10
section 29. The notice must include a statement to that effect. 11
(3) An accreditation that is suspended under subsection (1) (b) is suspended 12
for such period (including permanently) as the Scheme Administrator 13
considers appropriate in all of the circumstances. That period must be 14
specified in the notice. 15
(4) An accreditation that is suspended under subsection (1) (c) is suspended 16
until the Scheme Administrator believes on reasonable grounds that the 17
power station is not being operated in contravention of that law. The 18
notice must include a statement to that effect. 19
Note. Any electricity generated by the power station while its accreditation is 20
suspended under this section is to be excluded from all calculations under 21
section 26: see section 26 (5). 22
52 Suspending the accreditation of a power station--regulations 23
(1) The regulations may specify other circumstances in which the Scheme 24
Administrator may suspend the accreditation of an accredited power 25
station. 26
(2) If a circumstance specified under subsection (1) arises, the Scheme 27
Administrator may, by written notice, suspend the accreditation of an 28
accredited power station. 29
(3) An accreditation that is suspended under subsection (2) is suspended for 30
such period (including permanently) as the Scheme Administrator 31
considers appropriate in all of the circumstances. That period must be 32
specified in the notice. 33
Note. Any electricity generated by the power station while its accreditation is 34
suspended under this section is to be excluded from all calculations under 35
section 26--see section 26 (5). 36
Page 31
Clause 53 Renewable Energy (New South Wales) Bill 2007
Part 2 Renewable energy certificates
Division 12 Varying pre-scheme capacity and scheme 1
capacity 2
53 Varying pre-scheme capacity and scheme capacity 3
(1) The Scheme Administrator may, by written notice, vary the pre-scheme 4
capacity or scheme capacity for an accredited power station. 5
(2) The Scheme Administrator may do so only on an application by the 6
nominated person for the accredited power station. 7
(3) If a notice under subsection (1) increases or decreases the pre-scheme 8
capacity or the scheme capacity (as the case requires) for an accredited 9
power station, the notice has effect on and from the time the notice is 10
given. 11
Page 32
Renewable Energy (New South Wales) Bill 2007 Clause 54
Acquisitions of electricity Part 3
Part 3 Acquisitions of electricity 1
54 What is a "standard scheme acquisition"? 2
(1) An acquisition of electricity is a standard scheme acquisition if, under 3
the acquisition, electricity is acquired by a person or body from 4
NEMMCO, or a person or body specified by the scheme rules, for use 5
in New South Wales. 6
(2) If there is a standard scheme acquisition of electricity under this section, 7
then no other acquisition in relation to that electricity is a scheme 8
acquisition (regardless of when the other acquisition occurs). 9
55 What is a "notional scheme acquisition"? 10
(1) A person or body that generates electricity for use by them in New 11
South Wales is taken to have made a notional scheme acquisition of 12
electricity at the time the person or body uses the electricity. 13
(2) A retail supplier (within the meaning of the Electricity Supply Act 1995) 14
that acquires electricity other than by a standard scheme acquisition, for 15
use in New South Wales, is taken to have made a notional scheme 16
acquisition of electricity at the time the acquisition occurs. 17
56 What is an "excluded acquisition"? 18
An excluded acquisition is: 19
(a) an acquisition of electricity under which the electricity that is 20
acquired is later acquired by NEMMCO or a person or body 21
specified by the scheme rules, or 22
(b) a standard scheme acquisition or a notional scheme acquisition 23
specified by order under section 57, or 24
(c) a standard scheme acquisition or a notional scheme acquisition 25
specified by the regulations to be an excluded acquisition. 26
57 Specification of standard scheme acquisitions and notional scheme 27
acquisitions as excluded acquisitions 28
(1) The Governor may, by order published in the Gazette, specify a 29
standard scheme acquisition or a notional scheme acquisition to be an 30
excluded acquisition. 31
(2) In specifying a standard scheme acquisition under an order under 32
subsection (1), the Governor may specify it by reference to any one or 33
more of the following: 34
(a) a minimum amount of electricity to which the acquisition relates, 35
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Clause 58 Renewable Energy (New South Wales) Bill 2007
Part 3 Acquisitions of electricity
(b) the end user acquiring the electricity, 1
(c) the supply points at which the electricity is used. 2
(3) In specifying a notional scheme acquisition under an order under 3
subsection (1), the Governor may specify it by reference to: 4
(a) a minimum amount of electricity to which the acquisition relates, 5
or 6
(b) a person or body that generates electricity for use by them in New 7
South Wales, or 8
(c) a class of persons or bodies the members of which each generate 9
electricity for use by themselves in New South Wales. 10
58 Special provision for transactions involving NEMMCO 11
Despite section 56, no acquisition of electricity by NEMMCO is a 12
scheme acquisition. 13
59 Scheme rules to determine amount of electricity acquired 14
(1) The amount of electricity acquired under a scheme acquisition is to be 15
determined in accordance with the scheme rules. 16
(2) For the purposes of subsection (1), electricity used for the primary 17
purpose of generating, transmitting or distributing electricity is not to be 18
taken into account. 19
Page 34
Renewable Energy (New South Wales) Bill 2007 Clause 60
Renewable energy certificate shortfall Part 4
Part 4 Renewable energy certificate shortfall 1
Division 1 Prohibition of renewable energy certificate 2
shortfall 3
60 Who is a "relevant entity"? 4
A person who makes a scheme acquisition of electricity is called a 5
relevant entity. 6
61 Prohibition of renewable energy certificate shortfall 7
(1) A relevant entity must not have a renewable energy certificate shortfall 8
for a year in which the relevant entity makes a scheme acquisition. 9
(2) Subsection (1) does not apply in the year 2031 or any year after that 10
year. 11
(3) Subsection (1) does not apply in respect of a trade exposed electricity 12
intensive user. 13
62 Civil penalty for shortfall 14
(1) A relevant entity that has a renewable energy certificate shortfall for a 15
year is liable to pay to the Consolidated Fund a pecuniary penalty 16
(renewable energy shortfall penalty) determined in accordance with 17
this section. 18
(2) The renewable energy shortfall penalty payable by a relevant entity for 19
a year is determined by multiplying the relevant entity's renewable 20
energy certificate shortfall (in MWh) for that year by the shortfall 21
penalty rate for that year. 22
63 Shortfall penalty rate 23
(1) The shortfall penalty rate is $43 per MWh as varied in accordance with 24
this section. 25
(2) The shortfall penalty rate for a year is the amount referred to in 26
subsection (1) as varied in accordance with the formula: 27
B
A × ---
-
C
where: 28
A is the amount referred to in subsection (1). 29
Page 35
Clause 64 Renewable Energy (New South Wales) Bill 2007
Part 4 Renewable energy certificate shortfall
B is the all groups consumer price index for Melbourne published by the 1
Australian Statistician in respect of the September quarter of the year 2
preceding the year for which the shortfall penalty rate is being 3
determined. 4
C is the all groups consumer price index for Melbourne published by the 5
Australian Statistician in respect of the 2006 September quarter. 6
(3) The Scheme Administrator must cause a notice to be published in the 7
Gazette specifying the shortfall penalty rate for a year, as determined in 8
accordance with this section. 9
Note. The Melbourne consumer price index is used to retain consistency with 10
the shortfall penalty rate imposed under the Victorian Renewable Energy Act 11
2006 of Victoria. 12
64 Determination of renewable energy certificate shortfall 13
The following steps and result show how to determine whether a 14
relevant entity has a renewable energy certificate shortfall for a year: 15
Step 1. Calculate the total amount, in MWh, of electricity acquired by the 16
relevant entity during the year under scheme acquisitions. 17
Note. Section 59 provides that the amount of electricity acquired under 18
a scheme acquisition is to be determined in accordance with the scheme 19
rules. 20
Step 2. Multiply the total electricity acquired by the renewable power 21
percentage for the year and round down to the nearest MWh 22
(assuming there is more than 1 MWh). Subtract any carried 23
forward surplus for the previous year. The result is the relevant 24
entity's required renewable energy for the year. 25
Step 3. Subtract the total value, in MWh, of certificates surrendered to 26
the Scheme Administrator under section 67 for that year by the 27
relevant entity from the required renewable energy for the year. 28
Result. If the result is greater than zero, the relevant entity has a 29
renewable energy certificate shortfall for the year equal to the 30
result. 31
If the result is zero or less than zero, the relevant entity does not have a 32
renewable energy certificate shortfall for the year. 33
If the result is less than zero, the relevant entity has a carried forward 34
surplus for the year. 35
Page 36
Renewable Energy (New South Wales) Bill 2007 Clause 65
Renewable energy certificate shortfall Part 4
Division 2 Renewable power percentage 1
65 Renewable power percentage 2
(1) The Governor may, on the recommendation of the Minister, by order 3
published in the Gazette, fix the renewable power percentage in respect 4
of a year after 2008. 5
(2) In making a recommendation as to the renewable power percentage in 6
respect of a year, the Minister must have regard to the scheme 7
acquisitions by each relevant entity in the previous year and the required 8
GWh of electricity from eligible renewable energy sources for that year. 9
(3) An order under subsection (1) fixing the renewable power percentage 10
for a year must be made on or before 31 May of that year. 11
(4) If a renewable power percentage is not fixed by order for a year, the 12
percentage is to be calculated in accordance with the method contained 13
in the scheme rules. 14
(5) The renewable power percentage for 2008 is 0.576%. 15
66 Required GWh of electricity from eligible renewable energy sources 16
(1) The required GWh of electricity from eligible renewable energy sources 17
for a year is set out in Schedule 1. 18
(2) The Governor may, by proclamation, amend Schedule 1 by: 19
(a) omitting from column 2 of the Schedule the figure that specifies 20
the required GWh for a year, and 21
(b) inserting instead a new figure as the required GWh for that year. 22
(3) A proclamation under this section may be made only on the 23
recommendation of the Minister. 24
(4) The Minister may recommend the making of a proclamation under this 25
section only if the purpose of the amendment to Schedule 1 is to 26
increase the required GWh for a year or years, subject to subsection (5). 27
(5) If a change is made to the required GWh of renewable source electricity 28
under a corresponding Act, the Minister may recommend the making of 29
a proclamation that amends Schedule 1 for the purpose of increasing or 30
decreasing the required GWh for a year or years. 31
(6) A proclamation made under this section must be made on or before 32
30 September in the year before the year in relation to which it has 33
effect. 34
Page 37
Clause 67 Renewable Energy (New South Wales) Bill 2007
Part 5 Statements and surrender of certificates
Part 5 Statements and surrender of certificates 1
67 Annual energy acquisition statements 2
(1) A relevant entity that makes an acquisition of electricity under a scheme 3
acquisition during a year must lodge an energy acquisition statement for 4
the year on or before: 5
(a) 30 April in the following year, or 6
(b) any later day allowed by the Scheme Administrator. 7
(2) The statement must set out: 8
(a) the name and postal address of the relevant entity, and 9
(b) the amount of electricity acquired under scheme acquisitions 10
during the year, and 11
Note. Section 59 provides that the amount of electricity acquired under 12
a scheme acquisition is to be determined in accordance with the scheme 13
rules. 14
(c) the value, in MWh, of certificates being surrendered for that year 15
under this section, and 16
(d) any carried forward surplus for the previous year, and 17
(e) any carried forward surplus for the current year, and 18
(f) any other information specified by the scheme rules. 19
(3) The statement must: 20
(a) be made in a form and manner required by the Scheme 21
Administrator, and 22
(b) be accompanied by the relevant fee (if any) fixed under section 23
112, and 24
(c) be signed by or on behalf of the relevant entity making the 25
statement. 26
(4) The statement must be accompanied by details of all certificates being 27
surrendered for that year under this section. 28
(5) A certificate cannot be specified in the statement unless the relevant 29
entity is recorded in the register of renewable energy certificates as the 30
owner of the certificate at the time that the statement is lodged. 31
(6) A statement must also be audited in accordance with the scheme rules 32
before it is lodged under this section. 33
(7) Subsection (1) does not apply in respect of a trade exposed electricity 34
intensive user. 35
Page 38
Renewable Energy (New South Wales) Bill 2007 Clause 68
Statements and surrender of certificates Part 5
68 Fees for surrender of certificates 1
(1) The Scheme Administrator must, by notice in writing given to the 2
relevant entity, advise the relevant entity: 3
(a) of the number of certificates specified under section 67 (4) that 4
are able to be surrendered for that year, and 5
(b) of the relevant fee (if any) fixed under section 112 that is payable 6
by the relevant entity in respect of the surrender of those 7
certificates. 8
Note. Section 69 contains restrictions on the certificates that can be 9
surrendered. 10
(2) The relevant entity must pay the fee within the period of 20 business 11
days beginning on the day the relevant entity receives the notice under 12
subsection (1). 13
(3) If the fee is unpaid at the end of that period, it is a debt due to the Crown 14
and is recoverable by the Scheme Administrator in any court of 15
competent jurisdiction. 16
69 Restrictions on certificates that can be surrendered 17
A certificate cannot be surrendered under section 67 unless: 18
(a) the certificate is valid, and 19
(b) the certificate was created before 31 January in the year 20
following the year to which the energy acquisition statement 21
relates, and 22
(c) the relevant entity is recorded in the register of renewable energy 23
certificates as the owner of the certificate at the time that the 24
statement is lodged. 25
Page 39
Clause 70 Renewable Energy (New South Wales) Bill 2007
Part 6 Civil enforcement
Part 6 Civil enforcement 1
Division 1 Renewable energy shortfall penalty 2
70 Shortfall statement 3
(1) If the Scheme Administrator believes on reasonable grounds that a 4
relevant entity is in breach of an obligation under section 61 in respect 5
of a year, the Scheme Administrator may issue a shortfall statement to 6
the relevant entity. 7
(2) The shortfall statement must set out: 8
(a) the name and postal address of the relevant entity, and 9
(b) the relevant entity's renewable energy certificate shortfall for the 10
year, and 11
(c) the renewable energy shortfall penalty that the relevant entity is 12
liable to pay under section 62, and 13
(d) the manner in which that penalty is to be paid, and 14
(e) the time within which that penalty is to be paid, and 15
(f) any other information required by the scheme rules. 16
(3) The shortfall statement must include a statement advising the relevant 17
entity that if the renewable energy shortfall penalty is not paid in 18
accordance with the shortfall notice, the Scheme Administrator may 19
apply to a court for an order requiring the penalty to be paid. 20
71 Application for declaration and order for payment of shortfall penalty 21
(1) If a renewable energy shortfall penalty is not paid in accordance with a 22
shortfall notice, the Scheme Administrator may apply to a court for: 23
(a) a declaration that the relevant entity has contravened section 61, 24
and 25
(b) an order requiring the relevant entity to pay the renewable energy 26
shortfall penalty. 27
(2) If the court is satisfied that the relevant entity has contravened section 28
61, the court may: 29
(a) make the declaration sought, and 30
(b) order the relevant entity to pay to the Scheme Administrator for 31
payment into the Consolidated Fund the amount of the renewable 32
energy shortfall penalty determined in accordance with Part 4. 33
(3) An order made by a court under this section is taken, for the purposes of 34
enforcement, to be an order made by the court in a civil proceeding. 35
Page 40
Renewable Energy (New South Wales) Bill 2007 Clause 72
Civil enforcement Part 6
(4) In this section, a court means a Local Court, the District Court or the 1
Supreme Court. 2
(5) In proceedings under this section: 3
(a) a Local Court is not to make an order requiring a penalty to be 4
paid if the amount of the penalty exceeds its jurisdictional limit 5
when sitting in its General Division, and 6
(b) the District Court is not to make an order requiring a penalty to 7
be paid if the amount of the penalty exceeds its jurisdictional 8
limit under the District Court Act 1973. 9
Division 2 Surrender of additional certificates where 10
undertaking breached 11
72 Certificate surrender notice 12
(1) If the Scheme Administrator believes on reasonable grounds that a 13
nominated person or a registered person is in breach of an undertaking 14
given under Division 1, 3 or 9 of Part 2 relating to the creation of 15
certificates, the Scheme Administrator may issue a certificate surrender 16
notice to that person. 17
(2) The Scheme Administrator must not issue a certificate surrender notice 18
under this section unless the Scheme Administrator has, as the case 19
requires, suspended: 20
(a) under section 47 (1) (b), the registration of the registered person, 21
(b) under section 51 (1) (b), the accreditation of the power station in 22
relation to which certificates have been created in breach of the 23
undertaking. 24
(3) The notice must: 25
(a) set out the name and postal address of the registered person or 26
nominated person, and 27
(b) specify the number of certificates that must be surrendered to the 28
Scheme Administrator, and 29
(c) specify the time within which the certificates specified must be 30
surrendered. 31
(4) The number of certificates that must be surrendered must be equivalent 32
to the number of certificates created and registered under this Act: 33
(a) in the case of a breach of an undertaking under Division 1 of 34
Part 2--in relation to the small generation unit in relation to 35
which corresponding certificates were also created, 36
Page 41
Clause 73 Renewable Energy (New South Wales) Bill 2007
Part 6 Civil enforcement
(b) in the case of a breach of an undertaking under Division 3 or 9 of 1
Part 2--utilising the scheme capacity of the accredited power 2
station of the nominated person that was also utilised to create 3
corresponding certificates. 4
(5) The certificate surrender notice must include a statement advising the 5
registered person or nominated person that if the number of certificates 6
specified in the notice to be surrendered is not surrendered in 7
accordance with the notice, the Scheme Administrator may apply to a 8
court for an order under section 73. 9
(6) A certificate surrendered in accordance with a certificate surrender 10
notice is not to be counted toward a person's compliance with 11
section 61. 12
(7) To avoid doubt, it is not an excuse for a failure to comply with a 13
certificate surrender notice that the person to whom the notice is issued 14
is not, at the time the notice is issued, the registered owner of a sufficient 15
number of certificates to comply with the notice. 16
73 Application for declaration and order requiring surrender of certificates 17
(1) If certificates are not surrendered in accordance with a certificate 18
surrender notice, the Scheme Administrator may apply to a court for: 19
(a) a declaration that a registered person or nominated person has 20
breached an undertaking given by that person under Division 1, 21
3 or 9 of Part 2, and 22
(b) an order requiring the registered person or nominated person to 23
surrender to the Scheme Administrator the number of certificates 24
specified in the order. 25
(2) If the court is satisfied that the registered person or nominated person 26
has breached the undertaking given by the person under Division 1, 3 or 27
9 of Part 2, the court may: 28
(a) make the declaration sought, and 29
(b) order the registered person or nominated person to surrender to 30
the Scheme Administrator the number of certificates specified in 31
the order within the time specified in the order. 32
(3) A certificate surrendered in accordance with an order made under this 33
section is not to be counted toward a person's compliance with 34
section 61. 35
(4) To avoid doubt, it is not an excuse for a failure to comply with an order 36
under this section that the person who is the subject of the order is not, 37
at the time the order is made, the registered owner of a sufficient number 38
of certificates to comply with the order. 39
Page 42
Renewable Energy (New South Wales) Bill 2007 Clause 74
Civil enforcement Part 6
(5) In this section, a court means a Local Court, the District Court or the 1
Supreme Court. 2
(6) In proceedings under this section: 3
(a) a Local Court is not to make an order requiring the surrender of 4
certificates if the total value of the certificates to be surrendered 5
exceeds its jurisdictional limit when sitting in its General 6
Division, and 7
(b) the District Court is not to make an order requiring the surrender 8
of certificates if the total value of the certificates to be 9
surrendered exceeds its jurisdictional limit under the District 10
Court Act 1973. 11
Division 3 Surrender of additional certificates following 12
improper creation of certificates 13
74 Scheme Administrator may require surrender of certificates following 14
improper creation of certificates 15
(1) The Scheme Administrator may, by order in writing to a person, require 16
the person to surrender to the Scheme Administrator, within a period 17
specified in the order, a number of certificates specified in the order. 18
(2) An order may be made against a person under this section only if the 19
person is found guilty of an offence against section 38. 20
(3) If an order is made against a person found guilty of an offence under 21
section 38, the Scheme Administrator is to require the surrender of a 22
number of certificates that is equivalent to the number of certificates 23
that were created by the person in contravention of section 38 and 24
registered under this Act. 25
(4) A certificate surrendered under this section is not to be counted toward 26
a person's compliance with section 61. 27
(5) A person must not fail to comply with an order under this section. 28
Maximum penalty: 600 penalty units and an additional 1 penalty unit 29
for each certificate that the person fails to surrender in accordance with 30
the order. 31
(6) To avoid doubt, it is not an excuse for a failure to comply with an order 32
under this section that the person who is the subject of the order is not, 33
at the time the order is made, the registered owner of a sufficient number 34
of certificates to comply with the order. 35
Page 43
Clause 75 Renewable Energy (New South Wales) Bill 2007
Part 7 Review of Scheme Administrator decisions
Part 7 Review of Scheme Administrator decisions 1
75 Review of decisions 2
(1) An affected person in relation to a reviewable decision may request that 3
the Scheme Administrator reconsider the decision. 4
(2) The following Table sets out the reviewable decisions and, for each 5
decision, sets out the provision under which it is made and the affected 6
person in relation to it. 7
Table of reviewable decisions 8
Item For a decision... made the affected
under... person is...
1 to refuse to register a section 10 the person
person
2 in relation to an application section 13 the applicant for
about provisional provisional
accreditation of a relevant accreditation
power station
3 in relation to an application section 17 the applicant for
about accreditation of a accreditation
relevant power station
4 to refuse to accredit a section 18 the applicant for
relevant power station accreditation
5 not to register a certificate section 41 the person who
created the
certificate
6 to suspend a person's section 46 or the registered person
registration 47
7 to refuse to approve a section 48 the person
person as the nominated
person for an accredited
power station
8 to vary, or refuse to vary, a section 49 the nominated
decision about power person for the
station components accredited power
station concerned
9 to suspend the accreditation section 50 or the nominated
of an accredited power 51 person for the power
station station concerned
Page 44
Renewable Energy (New South Wales) Bill 2007 Clause 75
Review of Scheme Administrator decisions Part 7
Item For a decision... made the affected
under... person is...
10 to vary, or refuse to vary, section 53 the nominated
pre-scheme or scheme person for the power
capacity station concerned
(3) The request must be: 1
(a) in writing setting out the reasons for the request, and 2
(b) accompanied by the relevant fee (if any) fixed under section 112, 3
and 4
(c) given to the Scheme Administrator within 30 business days after 5
the making of the decision. 6
(4) The Scheme Administrator must reconsider the decision and confirm, 7
vary or set aside the decision. 8
(5) The Scheme Administrator is taken to have confirmed the decision 9
under subsection (4) if the Scheme Administrator does not give notice 10
in writing of the Scheme Administrator's decision under that subsection 11
within 40 business days after the request. 12
(6) Not more than one request can be made in respect of each reviewable 13
decision. 14
Page 45
Clause 76 Renewable Energy (New South Wales) Bill 2007
Part 8 Role of Scheme Administrator
Part 8 Role of Scheme Administrator 1
76 Appointment and role of Scheme Administrator 2
(1) The Minister is to appoint a person or body to exercise the functions of 3
the Scheme Administrator under this Act. 4
(2) The Scheme Administrator has the functions conferred or imposed on it 5
by or under this Act and under the terms of its appointment as Scheme 6
Administrator. 7
(3) Without limiting subsection (2), the Scheme Administrator's functions 8
under this Act include: 9
(a) to register persons who may create certificates under Division 1 10
of Part 2, and 11
(b) to accredit relevant power stations under Divisions 2 and 3 of 12
Part 2, and 13
(c) to approve nominated persons under Division 3 of Part 2, and 14
(d) to monitor and administer the creation, registration, transfer and 15
surrender of certificates under Divisions 4-7 of Part 2, and 16
(e) to enforce renewable energy shortfall penalties under Part 4, and 17
(f) to publish certain information and to report on the operations of 18
the Act under this Part. 19
(4) The Minister may appoint more than one person or body to exercise the 20
functions of the Scheme Administrator and may appoint different 21
persons or bodies to exercise particular functions of the Scheme 22
Administrator. In such a case, a reference in this Act to the Scheme 23
Administrator, in relation to any functions of the Scheme 24
Administrator, is a reference to the person or body appointed to exercise 25
those functions. 26
(5) A person or body appointed to exercise the functions of the Scheme 27
Administrator may divulge or communicate any information obtained 28
for the purposes of executing this Act to any other person or body 29
appointed to exercise the functions of the Scheme Administrator. 30
(6) Anything done or omitted to be done by a person employed by the 31
Scheme Administrator in the administration of this Act does not subject 32
the person personally to any action, liability, claim or demand if the 33
thing was done, or omitted to be done, in good faith for the purpose of 34
executing this Act. 35
(7) A Scheme Administrator may, with the approval of the Minister, 36
delegate any of its functions (other than this power of delegation) to any 37
other person or body. 38
Page 46
Renewable Energy (New South Wales) Bill 2007 Clause 77
Role of Scheme Administrator Part 8
(8) The Minister is to cause a notice to be published in the Gazette advising 1
of the appointment of a Scheme Administrator under this section. 2
77 Scheme Administrator must publish certain information 3
(1) The Scheme Administrator must publish: 4
(a) a list of each relevant entity that has a renewable energy 5
certificate shortfall for a particular year, and 6
(b) the amount of each relevant entity's renewable energy certificate 7
shortfall for that year, and 8
(c) the total of the renewable energy certificate shortfalls for that 9
year, and 10
(d) the number of certificates created in a particular year, and 11
(e) the number of certificates surrendered in a particular year, and 12
(f) the number of certificates that could have been created in respect 13
of renewable energy generated in a particular year and the 14
number that were actually created, and 15
(g) any other information in accordance with the scheme rules. 16
(2) Nothing in Part 12 prevents the publication of the information referred 17
to in subsection (1). 18
78 Report on operations of Act 19
(1) The Scheme Administrator must provide to the Minister a report on the 20
operation of this Act within the period of 4 months after 30 June in each 21
year. 22
(2) If the Scheme Administrator is required to make a statutory annual 23
report, it is sufficient compliance with subsection (1) for the Scheme 24
Administrator to include a report on the operation of this Act in the 25
statutory annual report it provides in each year. 26
(3) Section 11 of the Annual Reports (Statutory Bodies) Act 1984 is taken 27
to apply to a report provided under this Act that is not included in a 28
statutory annual report as if the report were a statutory annual report 29
(and as if a reference to the appropriate Minister were a reference to the 30
Minister administering this Act). 31
Note. Section 11 of the Annual Reports (Statutory Bodies) Act 1984 requires 32
the appropriate Minister to cause the report to be laid before both Houses of 33
Parliament. 34
(4) In this section, statutory annual report means an annual report under 35
the Annual Reports (Departments) Act 1985 or the Annual Reports 36
(Statutory Bodies) Act 1984. 37
Page 47
Clause 79 Renewable Energy (New South Wales) Bill 2007
Part 9 Registers
Part 9 Registers 1
Division 1 General 2
79 Registers to be maintained 3
The Scheme Administrator must maintain the following registers: 4
(a) the register of registered persons, 5
(b) the register of accredited power stations, 6
(c) the register of renewable energy certificates, 7
(d) the register of applications for accredited power stations. 8
Division 2 Register of registered persons 9
80 Register of registered persons 10
(1) The register of registered persons is to contain: 11
(a) the name of each registered person, and 12
(b) the registration number for each registered person, and 13
(c) any other information that the Scheme Administrator considers 14
appropriate. 15
(2) The register must also contain the following information about any 16
person whose registration is suspended: 17
(a) the name of the person, and 18
(b) the person's registration number, and 19
(c) the period for which registration is suspended, and 20
(d) any other information that the Scheme Administrator considers 21
appropriate. 22
Division 3 Register of accredited power stations 23
81 Register of accredited power stations 24
The register of accredited power stations is to contain: 25
(a) the name of each accredited power station, and 26
(b) the name of the nominated person for each accredited power 27
station, and 28
(c) the identification code for each accredited power station, and 29
(d) the pre-scheme capacity for each accredited power station, and 30
(e) the scheme capacity for each accredited power station, and 31
Page 48
Renewable Energy (New South Wales) Bill 2007 Clause 82
Registers Part 9
(f) the total capacity for each accredited power station, and 1
(g) any relevant method used to determine the amount of electricity 2
generated by each accredited power station utilising scheme 3
capacity, and 4
(h) any other information that the Scheme Administrator considers 5
appropriate. 6
Division 4 Register of renewable energy certificates 7
82 Register of renewable energy certificates 8
The register of renewable energy certificates is to contain: 9
(a) the unique identification code of each valid certificate, and 10
(b) the year in which the certificate was created, and 11
(c) the name of the registered person who created the certificate, and 12
(d) the name of the current registered owner, and each previous 13
registered owner, of each certificate, and 14
(e) the eligible renewable energy source or sources of the electricity 15
in respect of which the certificate was created, and 16
(f) any other information that the Scheme Administrator considers 17
appropriate. 18
Division 5 Register of applications for accredited power 19
stations 20
83 Contents of register of applications for accredited power stations 21
The register of applications for accredited power stations is to contain: 22
(a) the name of each applicant for each relevant power station to be 23
accredited, and 24
(b) the name and location of each relevant power station to be 25
accredited, and 26
(c) the eligible renewable energy source or sources proposed to be 27
used by each relevant power station to be accredited, and 28
(d) any other information that the Scheme Administrator considers 29
appropriate. 30
Division 6 Form of registers 31
84 Form of registers 32
(1) A register under this Part must be maintained by electronic means. 33
Page 49
Clause 84 Renewable Energy (New South Wales) Bill 2007
Part 9 Registers
(2) A register is to be made available for inspection on the Scheme 1
Administrator's internet site. 2
(3) Any addition to a register must be made available on the Scheme 3
Administrator's internet site within 20 business days after the Scheme 4
Administrator registers the person, power station or certificate or 5
receives the application (as the case requires). 6
Page 50
Renewable Energy (New South Wales) Bill 2007 Clause 85
Information-gathering powers Part 10
Part 10 Information-gathering powers 1
85 Scheme Administrator may obtain information and documents 2
(1) This section applies to a person if the Scheme Administrator has reason 3
to believe that the person has information or a document that is relevant 4
to the operation of this Act. 5
(2) The Scheme Administrator may, by written notice given to the person, 6
require the person: 7
(a) to give to the Scheme Administrator, within the period and in the 8
manner and form specified in the notice, any such information, or 9
(b) to produce to the Scheme Administrator, within the period and in 10
the manner specified in the notice, any such document, or 11
(c) if the person is an individual, to appear before the Scheme 12
Administrator at a time and place specified in the notice to give 13
any information, either orally or in writing, and produce any such 14
document, or 15
(d) if the person is a body corporate, to cause a competent officer of 16
the body corporate to appear before the Scheme Administrator at 17
a time and place specified in the notice to give any such 18
information, either orally or in writing, and produce any such 19
document. 20
(3) A notice under subsection (2) must set out the effect of sections 86 and 21
87. 22
86 Failure to comply with notice 23
A person must not, without reasonable excuse, fail to comply with a 24
notice given to the person under section 85. 25
Maximum penalty: 26
(a) in the case of a body corporate--240 penalty units, or 27
(b) in the case of an individual--60 penalty units. 28
87 Protection against self-incrimination 29
It is a reasonable excuse for an individual to refuse or fail to give 30
information or evidence or produce a document under section 85 if the 31
giving of the information or evidence or the production of the document 32
would tend to incriminate the person. 33
88 Copies of documents 34
The Scheme Administrator may inspect a document produced under 35
this Part and may make and retain copies of, or take and retain extracts 36
from, such a document. 37
Page 51
Clause 89 Renewable Energy (New South Wales) Bill 2007
Part 10 Information-gathering powers
89 Scheme Administrator may retain documents 1
(1) The Scheme Administrator may take, and retain for as long as 2
necessary, possession of a document produced under this Part. 3
(2) The person otherwise entitled to possession of the document is entitled 4
to be supplied, as soon as practicable, with a copy certified by the 5
Scheme Administrator to be a true copy. 6
(3) The certified copy must be received in all courts and tribunals as 7
evidence as if it were the original. 8
(4) Until a certified copy is supplied, the Scheme Administrator must, at all 9
such times and places as the Scheme Administrator thinks appropriate, 10
permit the person otherwise entitled to possession of the document, or a 11
person authorised by that person, to inspect and make copies of, or take 12
extracts from, the document. 13
Page 52
Renewable Energy (New South Wales) Bill 2007 Clause 90
Powers of authorised officers Part 11
Part 11 Powers of authorised officers 1
Division 1 Appointment of authorised officers and identity 2
cards 3
90 Appointment of authorised officers 4
(1) The Scheme Administrator may, in writing, appoint any of the 5
following persons as an authorised officer for the purposes of this Part: 6
(a) an employee of the Scheme Administrator, 7
(b) a person employed under Chapter 1A of the Public Sector 8
Employment and Management Act 2002, 9
(c) any other person employed by the State, 10
(d) any other person who the Scheme Administrator considers has 11
appropriate skills, qualifications and experience. 12
(2) The Scheme Administrator must not appoint a person as an authorised 13
officer unless the Scheme Administrator is satisfied that the person has 14
appropriate skills, qualifications and experience. 15
(3) In exercising functions as an authorised officer, an authorised officer 16
must comply with any directions of the Scheme Administrator. 17
91 Identity cards 18
(1) The Scheme Administrator must issue an identity card to an authorised 19
officer. 20
(2) The identity card must contain a recent photograph and the signature of 21
the authorised officer. 22
(3) An authorised officer must carry the identity card at all times when 23
exercising functions as an authorised officer. 24
(4) An authorised officer must produce his or her identity card for 25
inspection: 26
(a) before exercising a power under this Part other than a 27
requirement made by post, fax, email or other electronic 28
communication, and 29
(b) at any time during the exercise of a power under this Part, if asked 30
to do so. 31
Maximum penalty: 10 penalty units. 32
Page 53
Clause 92 Renewable Energy (New South Wales) Bill 2007
Part 11 Powers of authorised officers
Division 2 Powers of authorised officer 1
Subdivision 1 When may powers be exercised 2
92 When may powers be exercised? 3
(1) An authorised officer may exercise powers under this Part only to the 4
extent that it is reasonably necessary to do so for substantiating 5
information provided under this Act or for determining whether this Act 6
has been complied with. 7
(2) In exercising powers under this Part, an authorised officer must: 8
(a) cause as little inconvenience as possible, and 9
(b) not remain on premises any longer than is reasonably necessary. 10
Subdivision 2 Monitoring powers 11
93 Entry to premises 12
(1) An authorised officer may at any reasonable time: 13
(a) enter any premises, and 14
(b) exercise the monitoring powers set out in section 97. 15
(2) An authorised officer is not authorised to enter premises under 16
subsection (1) unless: 17
(a) the premises are business premises, the occupier of the premises 18
has consented to the entry and the authorised officer has 19
complied with section 95, or 20
(b) the entry is made under a search warrant. 21
(3) If the authorised officer is on the premises with the consent of the 22
occupier, the authorised officer must leave the premises if the occupier 23
asks the authorised officer to do so. 24
94 Information to be provided to occupier on entry 25
If the occupier of the premises is present when an authorised officer 26
exercises a power of entry under this Part, the officer must inform the 27
occupier of the purpose of the entry. 28
Note 1. The authorised officer must also produce his or her identity card for 29
inspection--see section 91 (4). 30
Note 2. If entry is made under a search warrant, section 67 of the Law 31
Enforcement (Powers and Responsibilities) Act 2002 requires the authorised 32
officer to serve an occupier's notice on the occupier containing information in 33
relation to the warrant. 34
Page 54
Renewable Energy (New South Wales) Bill 2007 Clause 95
Powers of authorised officers Part 11
95 Entry with consent 1
(1) If an occupier consents to an entry under section 93, the authorised 2
officer must before entering the premises ask the occupier to sign an 3
acknowledgement stating: 4
(a) that the occupier has been informed of the purpose of the entry, 5
and 6
(b) that the occupier has been informed that he or she may refuse to 7
consent to the entry, and 8
(c) that the occupier has consented to the entry, and 9
(d) the date and time that the occupier consented. 10
(2) An occupier who signs an acknowledgement must be given a copy of 11
the signed acknowledgement before the authorised officer leaves the 12
premises. 13
(3) If, in any proceeding, an acknowledgement is not produced to the court 14
or tribunal, it must be presumed, until the contrary is proved, that the 15
occupier did not consent to the entry. 16
(4) An entry of an authorised officer by virtue of the consent of a person is 17
not lawful unless the person voluntarily consented to the entry. 18
96 Entry with search warrant 19
Division 4 of Part 5 of the Law Enforcement (Powers and 20
Responsibilities) Act 2002 applies if premises are entered under a search 21
warrant. 22
97 Monitoring powers of authorised officers 23
(1) For the purposes of this Part, the following are the monitoring powers 24
that an authorised officer may exercise in relation to premises under 25
section 93: 26
(a) the power to search the premises for any thing on the premises 27
that may relate to: 28
(i) the creation or transfer of certificates, or 29
(ii) scheme acquisitions, 30
(b) the power to examine any activity conducted on the premises that 31
may relate to information provided for the purposes of this Act, 32
(c) the power to examine any thing on the premises that may relate 33
to information provided for the purposes of this Act, 34
(d) the power to take photographs or make video or audio recordings 35
or sketches on the premises of any such activity or thing, 36
Page 55
Clause 97 Renewable Energy (New South Wales) Bill 2007
Part 11 Powers of authorised officers
(e) the power to inspect any document on the premises that may 1
relate to information provided for the purposes of this Act, 2
(f) the power to take extracts from, or make copies of, any such 3
document, 4
(g) the power to take onto the premises such equipment and materials 5
as the authorised officer requires for the purpose of exercising 6
powers in relation to the premises, 7
(h) the power to secure a thing that: 8
(i) is found during the exercise of monitoring powers on the 9
premises, and 10
(ii) an authorised officer believes on reasonable grounds 11
affords evidence of the commission of an offence against 12
this Act, and 13
(iii) the authorised officer believes on reasonable grounds 14
would be lost, destroyed or tampered with before a warrant 15
can be obtained, 16
until a warrant is obtained to seize the thing, 17
(i) the powers in subsections (2) and (3). 18
(2) For the purposes of this Part, monitoring powers include the power to 19
operate equipment at premises to see whether: 20
(a) the equipment, or 21
(b) a disk, tape or other storage device that: 22
(i) is at the premises, and 23
(ii) can be used with the equipment or is associated with it, 24
contains information that is relevant to substantiating information 25
provided under this Act. 26
(3) For the purposes of this Part, monitoring powers include the following 27
powers in relation to information described in subsection (2) found in 28
the exercise of the power under that subsection: 29
(a) the power to operate facilities at the premises to put the 30
information in documentary form and copy the documents so 31
produced, 32
(b) the power to operate facilities at the premises to transfer the 33
information to a disk, tape or other storage device that: 34
(i) is brought to the premises for the exercise of the power, or 35
(ii) is at the premises and the use of which for the purpose has 36
been agreed in writing by the occupier of the premises, 37
Page 56
Renewable Energy (New South Wales) Bill 2007 Clause 98
Powers of authorised officers Part 11
(c) the power to remove from the premises a disk, tape or other 1
storage device to which the information has been transferred in 2
the exercise of the power under paragraph (b). 3
Subdivision 3 Powers to ask questions and seek production 4
of documents 5
98 Authorised officer may ask for information 6
An authorised officer may, while on premises entered by the authorised 7
officer with the consent of the occupier, ask the occupier to do one or 8
more of the following: 9
(a) answer any questions related to the creation or transfer of 10
certificates, scheme acquisitions or the provision of information 11
under this Act that are put by the authorised officer, 12
(b) produce any document requested by the authorised officer that is 13
so related. 14
99 Authorised officer may require information 15
An authorised officer may, while on premises entered under a search 16
warrant, require any person in or on the premises to do one or more of 17
the following: 18
(a) answer any questions related to the creation or transfer of 19
certificates, scheme acquisitions or the provision of information 20
under this Act that are put by the authorised officer, 21
(b) produce any document requested by the authorised officer that is 22
so related. 23
100 Failure to produce documents or answer questions 24
A person must not, without reasonable excuse, fail to answer a question 25
or produce a document as required under section 99. 26
Maximum penalty: 60 penalty units. 27
101 Protection against self-incrimination 28
(1) It is a reasonable excuse for an individual to refuse or fail to answer a 29
question or produce a document under section 99 if the answering of the 30
question or the production of the document would tend to incriminate 31
the person. 32
(2) Despite subsection (1), it is not a reasonable excuse for an individual to 33
refuse or fail to produce a document that the person is required to keep 34
by this Act, if the production of the document would tend to incriminate 35
the person. 36
Page 57
Clause 102 Renewable Energy (New South Wales) Bill 2007
Part 11 Powers of authorised officers
Division 3 Occupiers' rights and responsibilities 1
102 Occupier may be present during execution of warrant 2
(1) If a search warrant is being executed and the occupier of the warrant 3
premises, or another person who apparently represents the occupier, is 4
present at the premises, the person is entitled to observe the execution 5
of the warrant. 6
(2) The right to observe the execution of the warrant ceases if the person 7
impedes that execution. 8
(3) This section does not prevent the execution of the warrant in 2 or more 9
areas of the premises at the same time. 10
103 Occupier to provide authorised officer with assistance 11
The occupier of warrant premises, or another person who apparently 12
represents the occupier, must provide the authorised officer executing 13
the warrant and any person assisting that officer with all reasonable 14
facilities and assistance for the effective exercise of their powers. 15
Maximum penalty: 16
(a) in the case of a body corporate--240 penalty units, or 17
(b) in the case of an individual--60 penalty units. 18
Division 4 Search warrants 19
104 Search warrants 20
(1) An authorised officer may apply to an authorised officer under the Law 21
Enforcement (Powers and Responsibilities) Act 2002 for the issue of a 22
search warrant if the authorised officer under this Act believes on 23
reasonable grounds that entry to the premises for the purposes of 24
exercising monitoring powers is necessary for the purpose of: 25
(a) substantiating information provided under this Act, or 26
(b) determining whether this Act has been complied with. 27
(2) An authorised officer under the Law Enforcement (Powers and 28
Responsibilities) Act 2002 to whom such an application is made may, if 29
satisfied that there are reasonable grounds for doing so, issue a search 30
warrant authorising an authorised officer under this Act named in the 31
warrant: 32
(a) to enter the premises, and 33
(b) to exercise any monitoring powers in relation to the premises. 34
Page 58
Renewable Energy (New South Wales) Bill 2007 Clause 105
Confidentiality Part 12
Part 12 Confidentiality 1
105 Disclosure of information and offence 2
(1) A person must not disclose any confidential or commercially-sensitive 3
information obtained during the exercise of a power or the performance 4
of a function under, or in connection with, this Act. 5
Maximum penalty: 60 penalty units. 6
(2) A person must not use any such information to obtain directly or 7
indirectly any pecuniary or other advantage for himself or herself or any 8
other person. 9
Maximum penalty: 120 penalty units. 10
(3) However, the person may disclose or use such information if: 11
(a) the disclosure or use is made in the exercise of a power or the 12
performance of a function under, or in connection with, this Act, 13
or 14
(b) the person has the consent of the person who supplied the 15
information, or 16
(c) the disclosure or use is made in legal proceedings at the direction 17
of a court, or 18
(d) the information is in the public domain at the time it is disclosed 19
or used. 20
(4) To avoid doubt, subsection (3) is not intended to interfere with any 21
rights another person may have with regard to the disclosure or use of 22
the information. 23
106 Information may be disclosed to specified persons or bodies 24
(1) This Part does not prevent the Scheme Administrator, or a person 25
authorised by the Scheme Administrator, from divulging or 26
communicating information to: 27
(a) a Minister of the Crown, or 28
(b) a corresponding regulator or an officer of a corresponding 29
regulator, or 30
(c) any other person or body appointed by the Minister to exercise 31
the functions, or particular functions, of the Scheme 32
Administrator under this Act, or 33
(d) a public authority, or 34
(e) NEMMCO, or 35
(f) VENCorp established under the Gas Industry Act 2001 of 36
Victoria, or 37
Page 59
Clause 106 Renewable Energy (New South Wales) Bill 2007
Part 12 Confidentiality
(g) Sustainability Victoria established under the Sustainability 1
Victoria Act 2005 of Victoria, or 2
(h) the Head of the Australian Greenhouse Office (within the 3
meaning of the Renewable Energy (Electricity) Act 2000 of the 4
Commonwealth) or an officer of the Australian Greenhouse 5
Office authorised by the Head of the Australian Greenhouse 6
Office for the purposes of this Part, or 7
(i) an officer of that part of the Department of Agriculture, Fisheries 8
and Forestry of the Commonwealth Government known as the 9
Australian Bureau of Agricultural and Resource Economics 10
(ABARE) for the purposes of the exercise of any of ABARE's 11
functions. 12
(2) In this section: 13
public authority means a public authority constituted by or under an 14
Act, a government department or a statutory body representing the 15
Crown, but does not include a local authority or a State owned 16
corporation. 17
Page 60
Renewable Energy (New South Wales) Bill 2007 Clause 107
General Part 13
Part 13 General 1
Division 1 General offences 2
107 False or misleading information 3
A person must not: 4
(a) give information to the Scheme Administrator or any person 5
exercising powers under or in connection with this Act that the 6
first-mentioned person knows to be false or misleading in a 7
material particular, or 8
(b) produce a document to the Scheme Administrator or any person 9
exercising powers under or in connection with this Act that the 10
first-mentioned person knows to be false or misleading in a 11
material particular without indicating the respect in which it is 12
false or misleading and, if practicable, providing correct 13
information. 14
Maximum penalty: 15
(a) in the case of a body corporate--240 penalty units, or 16
(b) in the case of an individual--60 penalty units. 17
108 Failure to provide documents 18
If a person is required under this Act to provide a document (including 19
a statement or return) to the Scheme Administrator within a specified 20
time or by a specified date, the person, must not, without reasonable 21
excuse, fail to provide the document by the specified time or the 22
specified date, as the case requires. 23
Maximum penalty: 24
(a) in the case of a body corporate--240 penalty units, or 25
(b) in the case of an individual--60 penalty units. 26
109 Offences by bodies corporate 27
(1) If a body corporate commits an offence against this Act, any officer of 28
the body corporate who knowingly authorised or permitted the 29
commission of the offence is also guilty of that offence and liable to the 30
penalty for it. 31
(2) A person may be proceeded against and convicted under a provision in 32
accordance with subsection (1) whether or not the body corporate has 33
been proceeded against or convicted under that provision. 34
(3) If in a proceeding for an offence against this section it is necessary to 35
establish the intention of a body corporate, it is sufficient to show that a 36
servant or agent of the body corporate had that intention. 37
Page 61
Clause 110 Renewable Energy (New South Wales) Bill 2007
Part 13 General
(4) In subsection (1), officer, in relation to a body corporate, means: 1
(a) a director, secretary or executive officer of the body corporate, or 2
(b) any person in accordance with whose directions or instructions 3
the directors of the body corporate are accustomed to act, or 4
(c) a person concerned in the management of the body corporate. 5
Division 2 Evidence and records 6
110 Evidence 7
(1) A document sealed by the Scheme Administrator purporting to be a 8
copy of a document issued or given by the Scheme Administrator under 9
this Act is evidence that the second-mentioned document was so issued 10
or given. 11
(2) A document sealed by the Scheme Administrator purporting to be a 12
copy of, or an extract from, a renewable energy shortfall statement is 13
evidence of the matter set out in the document to the same extent as the 14
original statement would be if it were produced. 15
111 Records to be kept by registered persons and relevant entities 16
(1) A person who is a registered person or a relevant entity must keep 17
records that record and explain all transactions and other acts engaged 18
in, or required to be engaged in, by the registered person or relevant 19
entity under this Act. 20
(2) The records kept by a registered person must include any documents 21
relevant to ascertaining: 22
(a) the amount of electricity generated by an accredited power 23
station in relation to which the registered person is the nominated 24
person, and 25
(b) the amount of that electricity that was generated from eligible 26
renewable energy sources and from scheme capacity, and 27
(c) details of all certificates created by the nominated person during 28
the year, and 29
(d) any other matter required by the scheme rules. 30
(3) The records kept by a relevant entity must include any documents 31
relevant to ascertaining: 32
(a) the amount of electricity acquired by the relevant entity under 33
scheme acquisitions during a year, and 34
(b) any other matter required by the scheme rules. 35
Page 62
Renewable Energy (New South Wales) Bill 2007 Clause 112
General Part 13
(4) The records must be kept: 1
(a) in writing in the English language or so as to enable the records 2
to be readily accessible and convertible into writing in the 3
English language, and 4
(b) so that the relevant entity's liability under this Act can be readily 5
ascertained. 6
(5) A registered person or relevant entity who has possession of any records 7
kept or obtained under or for the purposes of this Act must retain them 8
until the end of 5 years after those records were prepared or obtained, or 9
the completion of the transactions or acts to which those records relate, 10
whichever is the later. 11
(6) Nothing in this section requires a registered person or relevant entity to 12
retain records if: 13
(a) the Scheme Administrator has notified the registered person or 14
relevant entity that the retention of the records is not required, or 15
(b) the registered person or relevant entity is a company that has gone 16
into liquidation and been finally dissolved. 17
(7) A registered person or relevant entity who contravenes this section is 18
guilty of an offence. 19
Maximum penalty: 20
(a) in the case of a body corporate--240 penalty units, or 21
(b) in the case of an individual--60 penalty units. 22
Division 3 Fees 23
112 Fees 24
(1) The Minister may fix fees or scales of fees for the purposes of this Act. 25
(2) The fees may include: 26
(a) fees for the registration of certificates, and 27
(b) fees for requests for review of reviewable decisions, and 28
(c) fees for the lodging of statements, and 29
(d) fees for the surrender of certificates. 30
(3) In fixing fees, the Minister may have regard to the total amount of the 31
costs and expenses of the Scheme Administrator that are incurred or are 32
likely to be incurred in the exercise of its powers, or in connection with 33
the performance of its functions, under this Act. 34
(4) The fees must be published by notice in the Gazette and on the internet 35
site of the Scheme Administrator. 36
Page 63
Clause 113 Renewable Energy (New South Wales) Bill 2007
Part 13 General
(5) Fees take effect on the day that the notice is published in the Gazette or 1
on such later date as is specified in the notice. 2
(6) The regulations may require the Minister to consult a specified person 3
or body before fixing fees or scales of fees under this section. 4
Division 4 Scheme rules 5
113 Scheme rules 6
(1) The Minister may make rules, not inconsistent with this Act or the 7
regulations, for or with respect to any matter required or permitted by 8
this Act to be provided for by the scheme rules or which is necessary or 9
convenient for carrying out or giving effect to this Act. 10
(2) Without limiting subsection (1), rules made may be for or with respect 11
to the following matters: 12
(a) eligibility of relevant power stations for accreditation, 13
(b) eligible renewable energy sources, 14
(c) the amount of energy generated by an accredited power station 15
including in respect of pre-scheme capacity and scheme capacity, 16
(d) electricity generation returns and the audit of those returns, 17
(e) scheme acquisitions, 18
(f) annual energy acquisition statements and the audit of those 19
statements, 20
(g) records to be kept by registered persons and relevant entities. 21
(3) The rules may apply, adopt or incorporate (with or without 22
modifications): 23
(a) the provisions of any document issued or published by any 24
person or body, whether as issued or published at the time the 25
rules are made or any time before then or as in force from time to 26
time, and 27
(b) the provisions of any Act of the Commonwealth or another State 28
or Territory or a subordinate instrument made under any of those 29
Acts, whether wholly or partially or as amended by the rules or 30
as in force or published at a particular time or from time to time. 31
(4) A rule may: 32
(a) apply generally or be of limited application, 33
(b) apply differently according to differences in time, place or 34
circumstance, 35
(c) authorise any matter or thing to be from time to time approved, 36
determined or regulated by a specified person or body. 37
Page 64
Renewable Energy (New South Wales) Bill 2007 Clause 114
General Part 13
(5) In preparing and consulting on any draft rules, the Minister must 1
provide the public with a reasonable opportunity to comment on the 2
draft rules. 3
(6) The rules must be published in the Gazette. 4
(7) Rules take effect on the day that they are published in the Gazette or on 5
such later date as is specified in the rules. 6
(8) The Scheme Administrator must make an up to date copy of the rules 7
available for any person to inspect, free of charge, at its office, during 8
ordinary office hours, and on its internet site. 9
(9) Section 40 (Notice of statutory rules to be tabled) and section 41 10
(Disallowance of statutory rules) of the Interpretation Act 1987 apply to 11
a rule made under this section in the same way as they apply to a 12
statutory rule. 13
Division 5 Miscellaneous 14
114 Electricity supply arrangements not to increase costs for trade exposed 15
electricity intensive users 16
(1) An arrangement between a relevant entity and a trade exposed 17
electricity intensive user for the supply of electricity must not require 18
the trade exposed electricity intensive user to contribute to any of the 19
relevant entity's costs of meeting the entity's obligations under this Act. 20
(2) A relevant entity must not enter into an arrangement in contravention of 21
subsection (1). 22
Maximum penalty: 23
(a) in the case of a body corporate--240 penalty units, or 24
(b) in the case of an individual--60 penalty units. 25
(3) A provision of a contract between a relevant entity and a trade exposed 26
electricity intensive user that requires, or purports to require, the trade 27
exposed electricity intensive user to contribute to any of the relevant 28
entity's costs of meeting the entity's obligations under this Act is void. 29
(4) A trade exposed electricity intensive user means a person or body that 30
is determined by the Minister, by order published in the Gazette, to be 31
a trade exposed electricity intensive user for the purposes of this Act. 32
(5) The regulations may make provision for criteria to be applied by the 33
Minister for the purposes of determining whether a person or body is a 34
trade exposed electricity intensive user. 35
Page 65
Clause 115 Renewable Energy (New South Wales) Bill 2007
Part 13 General
115 Proceedings for offences 1
(1) Proceedings for an offence under this Act may be dealt with: 2
(a) summarily before a Local Court, or 3
(b) summarily before the Supreme Court in its summary jurisdiction. 4
(2) If proceedings are brought in a Local Court, the maximum monetary 5
penalty that the Local Court may impose for the offence is 100 penalty 6
units, despite any higher maximum monetary penalty provided in 7
respect of the offence. 8
116 Delegation 9
The Minister may delegate the exercise of any function of the Minister 10
under this Act to: 11
(a) any member of staff of the Department, or 12
(b) any person, or any class of persons, authorised for the purposes 13
of this section by the regulations. 14
117 Regulations 15
The Governor may make regulations, not inconsistent with this Act, for 16
or with respect to any matter that by this Act is required or permitted to 17
be prescribed or that is necessary or convenient to be prescribed for 18
carrying out or giving effect to this Act. 19
118 Consequential amendment of Law Enforcement (Powers and 20
Responsibilities) Act 2002 No 103 21
The Law Enforcement (Powers and Responsibilities) Act 2002 is 22
amended as set out in Schedule 2. 23
119 Savings, transitional and other provisions 24
Schedule 3 has effect. 25
120 Review of Act 26
(1) The Minister is to review this Act to determine whether the policy 27
objectives of the Act remain valid and whether the terms of the Act 28
remain appropriate for securing those objectives. 29
(2) The review is to be undertaken as soon as possible after the period of 30
5 years from the date of assent to this Act. 31
(3) A report on the outcome of the review is to be tabled in each House of 32
Parliament within 12 months after the end of the period of 5 years. 33
Page 66
Renewable Energy (New South Wales) Bill 2007
Required GWh of electricity from eligible renewable energy sources Schedule 1
Schedule 1 Required GWh of electricity from eligible 1
renewable energy sources 2
(Section 66) 3
Column 1 Column 2
Year Required GWh
2008 439
2009 878
2010 1317
2011 1910
2012 2503
2013 3096
2014 3690
2015 4283
2016 4876
2017 5470
2018 6063
2019 6656
2020 7250
2021 7250
2022 7250
2023 7250
2024 7250
2025 7250
2026 7250
2027 7250
2028 7250
2029 7250
2030 7250
Page 67
Renewable Energy (New South Wales) Bill 2007
Schedule 2 Consequential amendment of Law Enforcement (Powers and
Responsibilities) Act 2002
Schedule 2 Consequential amendment of Law 1
Enforcement (Powers and 2
Responsibilities) Act 2002 3
(Section 118) 4
Schedule 2 Search warrants under other Acts 5
Insert in alphabetical order of Acts: 6
Renewable Energy (New South Wales) Act 2007, section 104 7
Page 68
Renewable Energy (New South Wales) Bill 2007
Savings, transitional and other provisions Schedule 3
Schedule 3 Savings, transitional and other 1
provisions 2
(Section 119) 3
1 Regulations 4
(1) The regulations may contain provisions of a savings or transitional 5
nature consequent on the enactment of the following Acts: 6
this Act 7
(2) Any such provision may, if the regulations so provide, take effect from 8
the date of assent to the Act concerned or a later date. 9
(3) To the extent to which any such provision takes effect from a date that 10
is earlier than the date of its publication in the Gazette, the provision 11
does not operate so as: 12
(a) to affect, in a manner prejudicial to any person (other than the 13
State or an authority of the State), the rights of that person 14
existing before the date of its publication, or 15
(b) to impose liabilities on any person (other than the State or an 16
authority of the State) in respect of anything done or omitted to 17
be done before the date of its publication. 18
Page 69
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