Victorian Numbered Acts

VICTORIAN RENEWABLE ENERGY ACT 2006 (NO 72 OF 2006) - NOTES

Act No. 72/2006

__________________

Victoria

No. 72 of 2006

Victorian Renewable Energy Act 2006^[†]

[Assented to 19 September 2006]

^[†]     Minister's second reading speech—

    Legislative Assembly: 20 July 2006

    Legislative Council: 22 August 2006

    The long title for the Bill for this Act was "to promote the development of renewable energy generation through the establishment of a scheme that provides for the creation and acquisition of renewable energy certificates and requires the surrender of renewable energy certificates and for other purposes."

INDEX

Subject	Section
Accredited power stations
amount of electricity generated by	26, 29, 81, 111
capacity
amount in excess of pre-scheme capacity	17
information in register	81
pre-scheme capacity	3, 17
scheme capacity	3, 15, 17
utilised to generate electricity on commercial basis before 1 January 2007	17
variation of pre-scheme, scheme capacity	53
components	12, 13, 15–17, 49
definition	3
electricity generation returns	29, 51
fees	49
gaming arrangements	50
identification codes	21, 39, 81
interconnected power stations	50
operated in contravention of law	51
register	3, 81
relevant power stations (def.)	3
review of decisions regarding	75
variations to what constitutes	49
See also Accredited power stations – Accreditation; Certificates; Eligible renewable energy sources; Nominated persons
Accredited power stations – Accreditation
applications
approval	18
form, making of	15
from Commonwealth scheme participants	16, Sch.
information required by, specified in	15–16
matters decided, specified by ESC	17
refusal to approve	18–19
register	3, 83
registered persons who may apply	15
time limits for deciding	19
undertakings required	16, Sch.
eligibility	13, 17
fees	12, 15
provisional accreditation	12–14
review of decisions regarding	75
suspension	26, 50–52, 72
Acquisitions of electricity
determination of amounts acquired	59
energy acquisition statements	3, 44, 67
excluded acquisitions	3, 56–57
NEMMCO acquisitions	58
Subject	Section
notional scheme acquisitions	3, 55–57
records regarding	111
scheme acquisitions (def.)	3
standard scheme acquisitions	3, 54, 56–57
See also Relevant entities; Renewable energy certificate shortfalls
Act
amendments to Essential Services Commission     Act 2001	115–117
commencement	2
Crown bound by	6
extra-territorial operation	7
objects	4
purpose	1
report on operation in annual report of ESC	78
review of operation	114
Approved interstate renewable energy regimes See Interstate renewable energy regimes
Authorised officers
appointment	90
compliance with directions of ESC	90
entry powers	93–96, 98, 104
exercise of powers	92
identification	91, 96
monitoring powers	93–97
monitoring warrants	96, 99, 102–104
occupiers' rights and responsibilities	102–103
power to ask questions, seek production of     documents	98–101
protection against self-incrimination	101
Certificates
accredited power stations	26–29, 37, 39
breaches of undertakings relating to creation of	72–73
certificate surrender notices	3, 72
contents	39–40
court orders, declarations	73
creation	26–37
creation due to gaming arrangements	50
definition	3
electronic form	39–40
fees	41, 43, 68, 112
identification codes	39–40, 82
improper creation	38, 41, 46, 74
not registered	41
not to be created after 1 January 2031	37
not to be created if Commonwealth certificates	28, 34
owners of	41, 43, 44, 67, 69, 72, 74, 82
publication of information regarding	77
records regarding	111
register	3, 41, 43, 45, 82
Subject	Section
registration	41
retirement	45
returns	29, 36
review of decisions regarding	75
small generation units	30–37, 40
surrender	44–45, 67–69, 72–74
transfer	42–43
See also Renewable energy certificate shortfalls
Commonwealth scheme
changes to required GWh of renewable source electricity under	66
Commonwealth certificates	3, 28, 34, Sch.
Commonwealth nominated persons (def.)	3
Commonwealth Regulator	3, 9, 12, 16, 48
Commonwealth scheme participants	9, 12, 16, Sch.
Commonwealth scheme power stations	3, 12, 16
definition	3
Crown	6
Definitions	3, 17, 22, 35, 50, 54–56, 62, 64, 97, 109, 114
Disclosure of information
by Commonwealth Regulator	9, 12, 16
by ESC, persons authorised by ESC	106
confidential information	105
Documents See Information and documents
Eligible renewable energy sources
consideration in review of operation of Act	114
definition, list	3, 22
energy sources specified by Order as	24
energy sources which are not	23
ESC rules regarding meaning	25
information regarding in
accreditation applications, decisions	12, 15, 17
certificates	39–40
electricity generation returns	29
records of registered persons	111
registers	82, 83
required GWh of electricity from	66, 114
Energy acquisition statements See Acquisitions of energy
ESC (Essential Services Commission)
definition	3
disclosure of information	106
evidence regarding documents issued by	110
regard for costs, expenses of	112
report on operation of Act	78
review of decisions of	75
role in general	76
Subject	Section
role, powers, duties regarding
approval of electronic forms (general)	3
information, documents	85–89
registers	79–84
shortfall penalty rate	63
See also Accredited power stations; Authorised officers; Certificates; ESC rules; Nominated persons; Registered persons;
ESC Rules
definition	3
power to make and matters provided for	113
regarding
accreditation	17
acquisitions of electricity	54, 56, 59
audits of annual energy acquisition statements	67
capacity in excess of pre-scheme capacity	17
components of relevant power stations	13, 17
electricity generated utilising scheme capacity	26
electricity generation returns	29
groups of interconnected power stations	50
meaning of renewable energy sources	25
pre-scheme capacity	17
publication of information by ESC	77
records	111
returns for certificates created	36
scheme capacity	17
shortfall statements	70
small generation units	30, 32, 35–36
Evidence	89, 110
Excluded acquisitions See Acquisitions of electricity
Fees
fixing	112
regarding
accreditation, accredited power stations	12, 15, 49
applications for registration of persons	8
certificates	41, 43, 68
energy acquisition statements	67
review of ESC's decisions	75
stakeholders as nominated persons	48
Information and documents
See Authorised officers; ESC
Interstate renewable energy regimes	5
Minister	5, 112, 114
Monitoring warrants	96, 99, 102–104
NEMMCO (def.)	3
Nominated persons
applicant for accreditation as	20
applications by stakeholders to be approved as	3, 48
applications to vary pre-scheme, scheme capacity	53
applications to vary what constitutes power station	49
Subject	Section
breaches of undertakings	51, 72–73
changing of	48
definition	3
electricity generation returns for a year	29, 51
name in register of accredited power stations	81
review of decisions regarding	75
See also Certificates
Notional scheme acquisitions See Acquisitions of electricity
Offences
by bodies corporate	109
regarding
authorised officers	91, 100, 103
certificates	38, 46, 74
disclosure of information	105
failure to provide specified documents	108
false, misleading information	107
information, documents required by ESC	86
records of relevant entities, registered persons	111
Power stations See Accredited power stations
Protected information (def.)	3
Registered persons
breaches of undertakings	47, 72–73
definition	3
electronic signatures	3, 39–40
fees	8
in register of renewable energy certificates	82
records kept by	111
register	3, 80
registration
applications for registration, approval	8–9
approval of applications	10
Commonwealth scheme participants	9, Sch.
refusal to approve applications for	10
registration number	3, 11, 39, 40, 80
review of decisions regarding	75
suspension	10, 26, 46–47, 72, 80
undertakings to be given by applicants	8–9, Sch.
See also Accredited power stations; Certificates; Nominated persons; Small generation units
Registers
accredited power stations	81
applications for accredited power stations	83
availability on Internet site of ESC	84
form and maintenance, list	79, 84
registered persons	80
renewable energy certificates	41, 43, 45, 82
Registration of persons See Registered persons
Subject	Section
Relevant entities
carried forward surpluses	3, 64, 67
certificates surrendered by	67–69
definition	3, 60
energy acquisition statements lodged by	3, 44, 67
fees payable by	67, 68
list of entities with shortfalls for particular year	77
records kept by	111
renewable energy certificate shortfalls	3, 61–64, 70–71
renewable power percentage	3, 64, 65
required GWh of renewable source electricity	65, 66
required renewable energy	3, 64
Relevant power stations See Accredited power stations
Renewable energy certificate shortfalls
court orders, declarations	70, 71
definition	3
determination	64
prohibition	61
publication of information regarding	77
shortfall penalties	62–63, 70–71
shortfall statements	70, 110
surrendered certificates not to be counted	72–74
Renewable energy certificates See Certificates
Renewable energy sources See Eligible renewable energy sources
Renewable power percentage See Relevant entities
Reviews
fees for review of reviewable decisions	112
of operation of Act	114
of reviewable decisions	75
Scheme acquisitions See Acquisitions of electricity
Scheme capacity See Accredited power stations
Self-incrimination
protection against	87, 101
Shortfalls See Renewable energy certificate shortfalls
Small generation units See Certificates
Standard scheme acquisitions See Acquisitions of electricity