These Regulations are the Renewable Energy (Electricity) Regulations 2001.

These Regulations commence on gazettal.

(1) In these Regulations:

Act means the Renewable Energy (Electricity) Act 2000.

auxiliary loss, for a power station or small generation unit, means the amount of electricity used, within the station or unit, for generating electricity.

bioenergy means the energy derived from an energy source mentioned in paragraphs (d) to (l) of the definition of eligible renewable energy source in subsection 17 (1) of the Act.

biomass means solid organic matter other than fossilised biomass.

Examples of fossilised biomass

Coal, lignite.

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

interconnected hydro-electric system means a hydro-electric system in which water can be directed from a common storage down different watercourses so that water can be diverted from 1 power station to another, altering the amount of electricity that can be generated by each power station.

national electricity market means the interconnected electricity grids in the participating jurisdictions in the National Electricity Code.

native forest has the same meaning as in the Native Forest Policy Statement, published by the Australian Government Publishing Service, 1992, ISBN 0 644 46430 5.

NEM standard metering means the standard of metering mentioned in the National Electricity Code.

plantation has the same meaning as in the Native Forest Policy Statement, published by the Australian Government Publishing Service, 1992, ISBN 0 644 46430 5.

regional forest agreement has the meaning given by the Export Control (Hardwood Wood Chips) Regulations 1996.

standby plant means an electricity generator that, for each of the immediately preceding 3 years:

(a) produced less than 50 GWh; or

(b) had a load factor of less than 5%.

territorial sea has the meaning given by section 3 of the Seas and Submerged Lands Act 1973.

(2) For the definition of small generation unit in subsection 5 (1) of the Act, a device is a small generation unit if:

(a) its energy source is hydro, solar or wind generation; and

(b) it has a generation capacity of less than 10 kW and it generates up to 25 MWh of electricity each year.

Part 2 Renewable energy certificates

Division 2.1 Accreditation

4 Eligibility for accreditation

(1) For paragraph 14 (2) (b) of the Act:

(a) a power station that is in the national electricity market must use metering that meets the performance standard required by the National Electricity Code; and

(b) a power station that is not in the national electricity market must use metering that enables the Regulator to determine the amount of electricity generated by the power station.

(c) the power station must be operated in accordance with any relevant Commonwealth, State, Territory or local government planning and approval requirements.

(2) For subsection 14 (4) of the Act:

(a) the guidelines for determining which components of an electricity generation system are to be taken to be a power station are set out in Schedule 1; and

(b) the guidelines for eligibility and revocation of eligibility for accreditation are set out in Schedule 2.

5 1997 eligible renewable power baselines

For subsection 14 (4) of the Act, the guidelines for determining the 1997 eligible renewable power baseline for a power station are set out in Schedule 3.

Division 2.2 Eligible renewable energy sources

6 Purpose of Division 2.2

For section 17 of the Act, an eligible renewable energy source must satisfy the criteria mentioned in this Division.

7 General requirements

(1) If use of the source requires approval by a Commonwealth, State, Territory or local government authority, the registered person for the power station that uses the source must be able to show that approval has been given and is current.

(2) The use of the source must:

(a) meet the requirements of any relevant Commonwealth, State, Territory or local government planning and approval process; and

(b) be ecologically sustainable.

Note For the definition of ecologically sustainable, see section 5 of the Act.

(3) The source must:

(a) be used to generate electricity; or

(b) be a solar water heater that displaces non-renewable electricity.

(4) The electricity generated must be used to directly meet demand for electrical energy.

8 Special requirements — wood waste

(1) This regulation applies to an eligible renewable energy source that is wood waste.

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

(3) The wood waste must be:

(a) biomass:

(i) produced from non-native environmental weed species; and

(ii) harvested for the control or eradication of the species, from a harvesting operation that is approved under relevant Commonwealth, State or Territory planning and approval processes; or

(b) a manufactured wood product or a by-product from a manufacturing process; or

Examples

Packing cases, pallets, recycled timber.

(c) waste products from the construction of buildings or furniture, including timber off-cuts and timber from demolished buildings; or

(d) sawmill residue; or

(e) subject to subregulation (4), if wood waste is from a native forest:

(i) a by-product or waste product of a harvesting operation, approved under relevant Commonwealth, State or Territory planning and approval processes, for which a high-value process is the primary purpose of the harvesting; or

(ii) a by-product (including thinnings and coppicing) of a harvesting operation that is undertaken in accordance with ecologically sustainable forest management principles.

(4) Wood waste to which paragraph (3) (e) applies must be:

(a) both:

(i) from an area where a regional forest agreement is in force; and

(ii) produced in accordance with ecologically sustainable forest management principles required by the agreement; or

(b) if it is from an area where no regional forest agreement is in force, produced from harvesting that is undertaken in accordance with ecologically sustainable forest management principles that the Minister is satisfied are consistent with those required by a regional forest agreement.

(5) For subparagraph (3) (e) (i), the primary purpose of a harvesting operation is taken to be a high-value process only if the total financial value of the products of the high value process is higher than the financial value of other products of the harvesting operation.

(6) Wood waste from a plantation must be:

(a) a product of a harvesting operation (including thinnings and coppicing):

(i) approved under relevant Commonwealth, State or Territory planning and approval processes; and

(ii) for which no product of a higher financial value than biomass for energy production could be produced at the time of harvesting; and

(b) biomass:

(i) managed in accordance with a code of practice approved under regulation 4B of the Export Control (Unprocessed Wood) Regulations; and

(ii) taken from land that was not cleared of native vegetation after 31 December 1989 for the purpose of establishing the plantation.

(7) In this regulation:

ecologically sustainable forest management principles include maintenance of water and soil quality, conservation of biodiversity and nutrient recycling.

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

9 Special requirements — energy crops

An energy crop, including an agricultural or horticultural crop and its biomass by-products, must be grown as an energy source for the primary purpose of energy production.

10 Special requirements — ocean, wave and tide

Electricity generated from an ocean, wave or tide energy source must be generated within the territorial sea of Australia.

11 Special requirements — solar water heaters

(1) A solar water heater is taken to be a renewable energy source only if:

(a) it displaces the use of non-renewable electricity and creates a positive greenhouse gas benefit; and

(b) either:

(i) for a solar water heater that has a capacity of up to 700L — it meets the certification requirements of Australian Standard 2712-1993, as in force on 1 January 2001, for its design and manufacture; or

(ii) for a solar water heater that has a capacity of more than 700L — it meets the certification requirements mentioned in section 1.3 of Australian Standard 2712-1993, as in force on 1 January 2001, for its design and manufacture.

(2) However, until 1 January 2002, a solar water heater is taken to comply with paragraph (1) (b) if the manufacturer of the heater satisfies the Regulator that:

(a) the manufacturer has applied for certification of the heater and, before 1 January 2002, the solar water heater has been certified by a certification body accredited by the joint accreditation system for Australia and New Zealand (JAS-ANZ) or by another accredited body that is acceptable to JAS-ANZ; and

(b) the manufacturer has calculated the amount of non-renewable electricity that will be displaced by the heater.

12 Ineligible energy sources

The following energy sources are not eligible renewable energy sources:

(a) coal seam methane, waste coal mine gas and other products derived from coal or natural gas;

(b) waste heat from cogeneration if:

(i) the waste heat is not used for electricity generation; and

(ii) the primary fuel source is not an eligible renewable energy source;

(d) radioactive material;

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

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

Division 2.3 Eligible electricity generation

Subdivision 2.3.1 Amount of electricity generated

13 Working out electricity generation for a power station

For subsection 18 (3) of the Act, the amount of electricity generated by an accredited power station is worked out in accordance with this Subdivision.

14 General formula

(1) The amount of electricity generated in a year is:

TLEG – FSL – AUX – (DLEG  (1 – MLF))

where:

AUX is the auxiliary loss in the year, in MWh.

DLEG is the amount of electricity, in MWh, sent from the generator in the year, measured:

(a) for a power station in the national electricity market — at the point determined under the National Electricity Code; or

(b) in any other case — at the point determined by an authority of the State or Territory where the power station is.

FSL is the amount of electricity in MWh, generated in the year, that is attributable to any fossil fuels used in generating electricity or preparing fuel.

MLF is the marginal loss factor, to allow for the amount of electricity lost in transmission networks, applied:

(a) for a power station in the national electricity market — by NEMMCO; or

(b) in any other case — by an authority of the State or Territory where the power station is.

TLEG is the total electricity, in MWh, generated at the generator terminals in the year.

(2) If all of the electricity generated by a power station is used in the power station or in the local distribution network, the marginal loss factor is taken to be nil.

15 Fossil fuel component

If the power station uses fossil fuels to generate electricity or to prepare an eligible renewable energy source within the power station, the amount of energy that is attributable to fossil fuels is to be:

(a) converted into the equivalent number of MWh of electricity represented by the energy content of the fossil fuels; and

(b) deducted from the total amount of electricity generated by the power station.

16 Supplementary generation

For electricity generated by the power station from an energy source that is not an eligible renewable energy source, auxiliary losses from the system that are attributable to that source are to be deducted from the total auxiliary loss proportionately to the proportion of electricity generated from that source.

17 Hydro-electric generation

(1) Subregulation (2) applies to an interconnected hydro-electric system:

(a) for which a 1997 renewable energy baseline has been determined; and

(b) in which the amount of electricity generated by at least 1 power station in the system in a year is less than the 1997 renewable energy baseline for the power station.

(2) The 1997 renewable energy baseline for the system applies to all electricity generated by the power stations in the system in the year.

(3) However, subregulation (2) does not apply if the shortfall in generation by a power station is part of a generation pattern based on, or caused by, technological or environmental restrictions on operating schedules.

(4) For a hydro-electric power station or system that uses pumped storage, the auxiliary losses of the power station or system include the amount of electricity that is used to pump or to raise water before its release for hydro-electric generation.

18 Electricity generation return

For paragraph 20 (2) (d) of the Act, an electricity generation return must include the following information for each accredited power station:

(a) the year to which the return applies;

(b) for each eligible renewable energy source used by the registered person to generate the electricity:

(i) the amount of electricity that was generated using the eligible renewable energy source; and

(ii) the number of certificates created by the registered person in respect of the electricity generated using the eligible renewable energy source;

(d) the person’s registration number;

(e) the power station’s accreditation number;

(f) any changes to information already given to the Regulator about the following matters for the power station:

(i) ownership;

(ii) company mergers;

(iii) location;

(iv) contact details;

(v) electricity supply arrangements;

(vi) generation capacity;

(g) details of any breach of the conditions of a permit, or conviction for an offence, under any State, Commonwealth, Territory or local government law related to operation of the power station;

(h) if there was no breach or conviction for the year to which the return applies, a declaration to that effect.

Note For other information that must also be included in the statement, see Act, subsection 20 (2).

Subdivision 2.3.2 Solar water heaters

19 Creation of certificates for solar water heaters

(1) For subsection 21 (2) of the Act, a solar water heater displaces non-renewable electricity if it:

(a) replaces an electric hot water system; or

(b) replaces, and uses less electricity than, an electric-boosted solar water heater.

(2) However, a solar water heater does not displace non-renewable electricity if it replaces an electric hot water system for which electricity is generated from sources that are mainly renewable energy sources.

(3) For section 22 of the Act:

(a) certificates may be created:

(i) for the non-renewable energy that is displaced by the solar water heater; and

(ii) for installation of a solar water heater only once during the life of the installation; and

(iii) within 6 months after the solar water heater is installed; and

(b) the number of certificates that may be created for a particular installation of a solar water heater in an area within a zone for a postcode range mentioned in Part 1 of Schedule 7 is the number mentioned in Part 2 of Schedule 7 for the installation in the zone.

(4) If a solar water heater is installed to replace a solar water heater, the number of certificates that may be created is reduced by the number of certificates that:

(a) were created for the existing installation; or

(b) if no certificates were claimed for the existing installation, could have been created for:

(i) a similar installation; or

(ii) if no similar installation is mentioned in Part 2 of Schedule 7 — the least efficient installation mentioned in that Part for the zone where the solar water heater is installed.

(5) A solar water heater that is installed in a new building is taken to replace an electric system of the same volume and delivery rate as the solar water heater.

Subdivision 2.3.3 Small generation units

20 Creation of certificates for small generation units

(1) For section 23B of the Act, the number of certificates that may be created for a particular installation of a small generation unit is the number that may be created:

(a) for a hydro-electric system with a kW rating of no more than 6.4 kW — for the amount mentioned in Schedule 4 for:

(i) the kW rating of the hydro-electric system; and

(ii) the number of hours each year of hydro resource availability; and

(b) for a solar panel (photovoltaic) — for the amount mentioned in Schedule 5 for:

(i) the kW rating of the solar panel; and

(ii) the zone where the solar panel is; and

(i) the kW rating of the wind turbine; and

(ii) the number of hours each year of wind resource availability.

(2) For subregulation (1), the number of certificates worked out for an installation is:

(a) if the amount of electricity generated that is in excess of the 1997 renewable energy baseline for the small generation unit is at least 0.5 MWh but less than 1 MWh — 1; and

(b) in any other case — to be rounded down to the nearest whole number.

(3) For subparagraph (1) (a) (i), hydro resource availability of more than 4 000 hours each year must be demonstrated by a site-specific assessment.

(4) For subparagraph (1) (b) (ii), the zones are:

(a) zone 1 — Western Australia and Northern Territory from 18S to 26S;

(b) zone 2 — north of 29S, other than zone 1;

(d) zone 4 — from 34S to 40S;

(e) zone 5 — south of 40S.

(5) For paragraph (1) (c) (ii), wind resource availability of more than 2 000 hours each year must be demonstrated by a site-specific wind audit.

(6) For this regulation, certificates may be created:

(a) annually; or

(b) both:

(i) on installation, for the first 5 years after installation; and

(ii) at the start of each subsequent 5 year period, for the following 5 years if the Regulator is satisfied that the unit is still installed and likely to remain functional for the 5 years.

Part 3 Acquisition of electricity

21 Amount of electricity acquired

For subsection 31 (3) of the Act, the amount of electricity acquired under a relevant acquisition is to be measured:

(a) for an acquisition in the national electricity market:

(i) by metering that meets the performance standard required by the National Electricity Code; and

(ii) at the point or points where metering is required for the liable entity to determine the amount of relevant acquisitions, adjusted by the distribution network loss factor assigned to the metering point under the National Electricity Code; and

(b) in any other case — by metering that enables the Regulator to determine the amount of electricity acquired at a point or points equivalent to that or those mentioned in subparagraph (a) (ii).

22 Capacity of grids

For subsection 31 (3) of the Act, the capacity of a grid is the sum of all installed electricity generation capacity of the grid other than:

(a) standby plant; and

(b) privately owned domestic generators.

Part 4 Renewable energy certificate charge

23 Renewable power percentage

For subsection 39 (1) of the Act, the renewable power percentage for 2001 is 0.24%.

Part 5 Statements and assessments

24 Annual energy acquisition statements

For paragraph 44 (2) (f) of the Act, an energy acquisition statement must set out the following information:

(a) the year to which the statement applies;

(b) the date of the statement;

(d) whether the liable entity must lodge a renewable energy shortfall statement for the year;

(e) how any renewable energy shortfalls were calculated;

(f) the telephone number, fax number and e-mail address (if any) of the liable entity;

(g) any renewable energy shortfall charge refund owing under subsection 98 (1) of the Act;

(h) any changes to information already given to the Regulator about the following matters for the liable entity:

(i) ownership;

(ii) company mergers;

(iii) location;

(iv) contact details;

(v) electricity supply arrangements.

Note For other information that must also be included in the statement, see Act, subsection 44 (2).

25 Annual renewable energy shortfall statements

For paragraph 46 (2) (f) of the Act, an annual renewable energy shortfall statement must set out the following information:

(a) the year to which the statement applies;

(b) the telephone number, fax number and e-mail address (if any) of the liable entity;

Note For other information that must also be included in the statement, see Act, subsection 46 (2).

Part 6 Administration

26 Seizing and disposing of property

(1) For subsection 94 (2) of the Act, this regulation sets how an authorised person may seize and dispose of the property of a deceased person.

(2) After property is seized, the authorised person must keep it secure until the authorised person disposes of it.

(3) On a sale of land under this regulation, the authorised person must comply with the law of the State or Territory where the land is situated for the transfer of title to land.

(4) The authorised person may sell as much of the property that is seized as will, in the opinion of the authorised person, be sufficient to raise the amount mentioned in subsection 94 (1) of the Act.

(5) A sale of seized property must take place as soon as possible after the property is seized.

(6) After the authorised person sells seized property, he or she:

(a) may keep the reasonable costs incurred by him or her; and

(b) must give any remaining amount to the Regulator.

(7) The authorised person must tell the Regulator if the sale of all available property of the deceased person raises less than the amount mentioned in subsection 94 (1) of the Act.

27 Identity cards for authorised officers

For subsection 108 (1) of the Act, an identity card must include:

(a) the signature of the authorised officer; and

(b) the name and office of the authorised officer; and

(d) any other information that may be necessary to indicate that the officer is authorised to exercise powers or to perform functions under the Act.

28 Fees

(1) For paragraph 10 (2) (d) of the Act:

(a) the fee for an application for registration is $20; and

(b) the fee for an application for registration as a person to whom certificates may be assigned under subsection 23 (2) or 23C (2) of the Act is $250.

(2) For paragraph 13 (2) (e) of the Act, the fee for an application for accreditation is:

Item	Generator	1997 eligible renewable power baseline type	Fee
1	< 10MW, small generation unit or solar water heater for which certificates are not assigned under subsection 23 (2) or 23C (2) of the Act	Any baseline	$20
2	< 10MW, other than small generation unit or solar water heater to which item 1 applies	(a) default or nil baseline	$50
		(b) special baseline with data	$150
		(c) special baseline without required data (modelling required)	$250
3	≥ 10 MW, ≤ 25 MW	(a) default or nil baseline	$200
		(b) special baseline with data	$500
		(c) special baseline without required data (modelling required)	$1 000
4	> 25 MW	(a) default or nil baseline	$1 000
		(b) special baseline with data	$1 700
		(c) special baseline without required data (modelling required)	$3 000

(3) For subsection 26 (3A) of the Act, the fee for registration of a certificate is 8 cents.

(4) For subsection 44 (5) of the Act, the fee for surrender of a certificate is 8 cents.

(5) For subsection 98 (1) of the Act, the administration fee is the following percentage of the certificate value:

(a) for a certificate value of less than $1 000 — 2%;

(b) for a certificate value of at least $1 000 but less than $5 000 — 1.5%;

(d) for a certificate value of at least $15 000 — 0.5%.

Note For the meaning of certificate value, see section 96 of the Act.

29 Remuneration of Regulator

For section 144 of the Act, the Regulator is to be paid remuneration and allowances at the same rate as an Executive Manager in the Australian Greenhouse Office.

Schedule 1 Components of an electricity generation system

(paragraph 4 (2) (a))

1 General

1.1 Components of an electricity generation system include any of the following, whether or not they are owned by the operator of the system, that are integral to the operation of the system and the generation of electricity:

(a) any component that operates to transform an eligible renewable energy source into electricity;

(b) any infrastructure of the system, including buildings, fuel storage areas, fuel handling devices, information technology, instrumentation and controls.

1.2 The components of a supplementary power supply for the system are taken to be components of the system.

Note To the extent that a supplementary power supply uses energy sources that are not eligible renewable energy sources, the electricity generated is to be excluded in calculating the amount of electricity generated by the power station: see Act, subsection 18 (4).

1.3 If fuel is processed in the system before it is converted to electrical energy, the fuel processing and delivery components are taken to be part of the power station.

1.4 A long-term storage hydro-electric dam that provides water to more than 1 power station may be treated as interconnected, incorporating each power station that could be affected by release of water from the storage.

1.5 The components of a system are not limited to those mentioned for the system in this Schedule.

2 Bioenergy

2.1 A power station that uses bioenergy may include the following components:

(a) buildings and stationary infrastructure;

(b) combustion system, including waste heat boilers;

(d) compressor;

(e) control system;

(f) cooling tower;

(g) digestion tank;

(h) feedstock preparation;

(i) fuel storage, transport and processing system;

(j) gas cleaning;

(k) gasifier;

(l) generator;

(m) heat recovery system;

(n) mechanical cleaner;

(o) oxygen supply;

(p) particulate removal system;

(q) pump;

(r) switchyard and transformer;

(s) thermal reactor;

(t) water supply and treatment system.

3 Co-firing

3.1 A power station that co-fires fossil fuel and fuel from renewable energy sources includes all the components of the electricity generation process that are fuelled by all energy sources.

4 Fuel cell

4.1 A fuel cell may include the following components:

(a) air filter;

(b) anode, electrolyte and cathode;

(d) control system;

(e) cooling system;

(f) desulphuriser;

(g) power conditioner;

(h) pump;

(i) steam generator;

(j) waste heat recovery system;

(k) water filter.

5 Geothermal electricity generation

5.1 A geothermal power station may include the following components:

(a) control system;

(b) generator;

(d) turbine;

(e) water treatment;

(f) well;

(g) working fluid.

6 Hydro-electricity

6.1 A hydro-electric power station may include the following components:

(a) control, telemetering and protection system;

(b) turbine, generator, associated buildings, transformer and grid connection;

(d) water discharge;

(e) water intake;

(f) water storage or weir;

(g) for a pumped storage hydro-electric power station — pumping equipment.

7 Ocean, wave and tide

7.1 An ocean, wave or tide energy generation system may include the following components:

(a) the equipment used:

(i) to channel or trap water; or

(ii) to exchange heat; or

(iii) to provide for air or water flow;

(b) generators;

8 Solar electricity generation

8.1 A solar electricity generation system may include the following components:

(a) device for converting incident solar energy to electrical energy;

Examples

Photovoltaic panels, solar thermal collectors.

(b) enabling equipment, including:

(i) DC and AC cabling;

(ii) energy storage system, including specially designed batteries;

(iii) inverter for converting DC output of a generator to AC;

(iv) backup power supply;

(v) framework and housing for the system;

(vi) trackers and sensors;

(vii) instrumentation;

(viii) control system.

9 Solar water heaters

9.1 A solar water heater may include the components mentioned
in Australian Standard AS 2712-1993 as in force on 1 January 2001.

10 Wind

10.1 A wind turbine may include the following components:

(a) rotor;

(b) generator;

(d) tower;

(e) cabling to transformer and other wind turbines;

(f) battery.

Schedule 2 Accreditation eligibility guidelines

(paragraph 4 (2) (b))

1 Revocation of accreditation

1.1 The Regulator should revoke the accreditation of a power station if:

(a) the registered person for the power station does not, without reasonable excuse, comply with section 20 of the Act; or

(b) the power station is not operated in accordance with any relevant Commonwealth, State, Territory or local government planning and approval requirements.

2 Application for re-accreditation

2.1 If a registered person applies for accreditation after the person’s accreditation is revoked, the Regulator should be satisfied that the registered person can demonstrate that the circumstances for which the accreditation was revoked have been remedied and are unlikely to recur.

Schedule 3 Guidelines for 1997 eligible renewable power baselines

(regulation 5)

1 Power stations starting electricity generation after 1 January 1997

1.1 For a power station that generates electricity for the first time after 1 January 1997, the 1997 eligible renewable power baseline is nil.

2 Default baselines

2.1 For a power station that generated electricity before 1 January 1997, the 1997 eligible renewable power baseline is the average of the annual electricity generated from eligible renewable energy sources in 1994, 1995 and 1996 (the reference period), worked out in accordance with Subdivision 2.3.1.

2.2 If the amount of electricity was not measured in the manner provided by these Regulations, the amount should be estimated from the measurements that were made and worked out in accordance with Subdivision 2.3.1.

2.3 However, if the power station did not generate electricity continuously in 1994, 1995 and 1996, the Regulator may:

(a) if it generated electricity for at least 24 months in that period:

(i) extrapolate the measurement of the electricity generated; or

(ii) in consultation with the registered person for the power station, model the output of the station over the months in which electricity was not generated; and

(b) if electricity was generated for less than 24 months in that period, in consultation with the registered person for the power station, model output over the months in which electricity was not generated, based on fuel use, plant capacity and plant technology; and

(c) if it started to generate electricity, or increased its generation capacity, in that period, model the output of the station over the year in which generation started or generation capacity increased.

2.4 For a power station that sold electricity intermittently in 1994, 1995 and 1996, the Regulator may consider the level of operation at a particular time to be representative of a full year’s production.

2.5 However, subclause 2.4 applies only if the intermittent nature of the production was caused by the cyclical availability of fuel.

3 Special baselines

3.1 A registered person may apply for the Regulator, or the Regulator may decide, to determine a 1997 eligible renewable power baseline to be determined over a more statistically representative period for the power station.

3.2 The Regulator may determine a 1997 eligible renewable power baseline in a manner different from that set out in clause 2 if:

(a) electricity generation by the power station is linked to seasonal variations of longer than 3 years and measurement for 1994, 1995 and 1996 would not be representative of average levels of generation; or

(b) in 1994, 1995 or 1996, there were major changes to the infrastructure or operating environment of the power station; or

(d) the amount of electricity generated by the power station before 1994 was significantly different from that generated in 1994, 1995 and 1996 for reasons other than the capacity of the power station, demand for electricity or other operating constraints; or

(e) in 1994, 1995 or 1996 the electricity generation capacity or output of the power station was significantly reduced by unplanned outages or other operating constraints; or

(f) an action or policy of the Commonwealth government directly reduces a power station’s ability to generate electricity for a sustained period.

3.3 In determining a 1997 eligible renewable power baseline in a manner different from that set out in clause 2, the Regulator should take into account:

(a) the need for the baseline to be representative of electricity generation by the power station in the period used to determine the baseline; and

(b) the generation capacity of the power station in the period used to determine the baseline; and

(d) any other matters that might have affected electricity generation by the power station in the period used to determine the baseline; and

(e) any other information provided by the registered person about electricity generated by the power station before 1994 or after 1997; and

(f) whether the number of certificates that could be created for electricity generated by the power station would be affected by determining the baseline in accordance with clause 2 instead of this subclause.

3.4 Subclause 3.5 applies to a power station:

(a) that is closed for at least 3 years continuously after 1 January 1997; and

(b) that is refurbished at a cost of at least half the replacement cost of the power station at the same capacity.

3.5 The power station may be considered to be a new power station.

4 Interconnected hydro-electric systems

4.1 For an interconnected hydro-electric system:

(a) a 1997 renewable energy baseline may be determined for:

(i) the system; and

(ii) each power station in the system; and

(b) a 1997 renewable energy baseline may be adjusted if an action or policy of the Commonwealth government:

(i) directly reduces a power station’s ability to generate electricity for a sustained period; or

(ii) diverts water from 1 power station to another.

Example for subparagraph (b) (i)

Diversion of water from a hydro-electric station to be used for other purposes.

4.2 For subparagraph 4.1 (b) (ii), if a new power station is built to take advantage of the change in flow, its 1997 renewable energy baseline is nil.

4.3 If a registered person asks the Regulator to adjust a 1997 renewable energy baseline under paragraph 4.1 (b), the Regulator must consider the following matters:

(a) whether a diverted flow is a direct result of a Commonwealth action or policy;

(b) the release patterns of diverted flows;

(d) the water to generation ratio of the power station from which water was diverted;

(e) the water to generation ratio of the system.

5 Other hydro-electric stations

5.1 For a hydro-electric station that is not part of an interconnected system, a 1997 renewable energy baseline may be adjusted if an action or policy of the Commonwealth government:

(a) directly reduces a power station’s ability to generate electricity for a sustained period; or

(b) diverts water away from 1 power station.

5.2 If a registered person asks the Regulator to adjust a 1997 renewable energy baseline under subclause 5.1, the Regulator must consider the following matters:

(a) whether a diverted flow is a direct result of a Commonwealth action or policy;

(b) the release patterns of diverted flows;

6 Baselines in 2001

6.1 For 2001, a 1997 renewable energy baseline for a power station is taken to be 3/4 of the baseline worked out for the power station.

Schedule 4 Small hydro-electric systems

(paragraph 20 (1) (a))

Rating (kW)	Hours each year of hydro resource availability
	4 000	4 500	5 000	5 500	6 000	6 500	7 000	7 500	8 000	8 500	8 760
	Amount of electricity taken to be generated (MWh/year)
0.2	0.76	0.86	0.95	1.05	1.14	1.24	1.33	1.43	1.52	1.62	1.66
0.3	1.14	1.28	1.43	1.57	1.71	1.85	2.00	2.14	2.28	2.42	2.50
0.4	1.52	1.71	1.90	2.09	2.28	2.47	2.66	2.85	3.04	3.23	3.33
0.5	1.90	2.14	2.38	2.61	2.85	3.09	3.33	3.56	3.80	4.04	4.16
0.6	2.28	2.57	2.85	3.14	3.42	3.71	3.99	4.28	4.56	4.85	4.99
0.8	3.04	3.42	3.80	4.18	4.56	4.94	5.32	5.70	6.08	6.46	6.66
1.0	3.80	4.28	4.75	5.23	5.70	6.18	6.65	7.13	7.60	8.08	8.32
1.2	4.56	5.13	5.70	6.27	6.84	7.41	7.98	8.55	9.12	9.69	9.99
1.4	5.32	5.99	6.65	7.32	7.98	8.65	9.31	9.98	10.64	11.31	11.65
1.6	6.08	6.84	7.60	8.36	9.12	9.88	10.64	11.40	12.16	12.92	13.32
1.8	6.84	7.70	8.55	9.41	10.26	11.12	11.97	12.83	13.68	14.54	14.98
2	7.60	8.55	9.50	10.45	11.40	12.35	13.30	14.25	15.20	16.15	16.64
2.2	8.36	9.41	10.45	11.50	12.54	13.59	14.63	15.68	16.72	17.77	18.31
2.4	9.12	10.26	11.40	12.54	13.68	14.82	15.96	17.10	18.24	19.38	19.97
2.6	9.88	11.12	12.35	13.59	14.82	16.06	17.29	18.53	19.76	21.00	21.64
2.8	10.64	11.97	13.30	14.63	15.96	17.29	18.62	19.95	21.28	22.61	23.30
3	11.40	12.83	14.25	15.68	17.10	18.53	19.95	21.38	22.80	24.23	24.97
3.2	12.16	13.68	15.20	16.72	18.24	19.76	21.28	22.80	24.32
3.4	12.92	14.54	16.15	17.77	19.38	21.00	22.61	24.23
3.6	13.68	15.39	17.10	18.81	20.52	22.23	23.94
3.8	14.44	16.25	18.05	19.86	21.66	23.47
4	15.20	17.10	19.00	20.90	22.80	24.70
4.2	15.96	17.96	19.95	21.95	23.94
4.4	16.72	18.81	20.90	22.99
4.6	17.48	19.67	21.85	24.04
4.8	18.24	20.52	22.80
5	19.00	21.38	23.75
5.2	19.76	22.23	24.70
5.4	20.52	23.09
5.6	21.28	23.94
5.8	22.04	24.80
6	22.80
6.2	23.56
6.4	24.32

Schedule 5 Solar panels (photovoltaic)

(paragraph 20 (1) (b))

Rating (kW)	Zone 1	Zone 2	Zone 3	Zone 4	Zone 5
	Amount of electricity taken to be generated (MWh/year)
0.064	0.12	0.11	0.09	0.07	0.06
0.075	0.14	0.13	0.11	0.08	0.07
0.08	0.15	0.14	0.11	0.09	0.07
0.12	0.22	0.21	0.17	0.13	0.11
0.2	0.37	0.34	0.28	0.22	0.19
0.4	0.75	0.69	0.56	0.44	0.37
0.6	1.12	1.03	0.84	0.66	0.56
0.8	1.50	1.37	1.12	0.87	0.75
1	1.87	1.72	1.40	1.09	0.94
1.2	2.25	2.06	1.68	1.31	1.12
1.4	2.62	2.40	1.97	1.53	1.31
1.6	3.00	2.75	2.25	1.75	1.50
1.8	3.37	3.09	2.53	1.97	1.68
2	3.74	3.43	2.81	2.18	1.87
2.2	4.12	3.78	3.09	2.40	2.06
2.4	4.49	4.12	3.37	2.62	2.25
2.6	4.87	4.46	3.65	2.84	2.43
2.8	5.24	4.80	3.93	3.06	2.62
3	5.62	5.15	4.21	3.28	2.81
3.2	5.99	5.49	4.49	3.49	3.00
3.4	6.36	5.83	4.77	3.71	3.18
3.6	6.74	6.18	5.05	3.93	3.37
3.8	7.11	6.52	5.34	4.15	3.56
4	7.49	6.86	5.62	4.37	3.74
4.2	7.86	7.21	5.90	4.59	3.93
4.4	8.24	7.55	6.18	4.80	4.12
4.6	8.61	7.89	6.46	5.02	4.31
4.8	8.99	8.24	6.74	5.24	4.49
5	9.36	8.58	7.02	5.46	4.68
5.2	9.73	8.92	7.30	5.68	4.87
5.4	10.11	9.27	7.58	5.90	5.05
5.6	10.48	9.61	7.86	6.12	5.24
5.8	10.86	9.95	8.14	6.33	5.43
6	11.23	10.30	8.42	6.55	5.62
6.2	11.61	10.64	8.70	6.77	5.80
6.4	11.98	10.98	8.99	6.99	5.99
6.6	12.36	11.33	9.27	7.21	6.18
6.8	12.73	11.67	9.55	7.43	6.36
7	13.10	12.01	9.83	7.64	6.55
7.2	13.48	12.36	10.11	7.86	6.74
7.4	13.85	12.70	10.39	8.08	6.93
7.6	14.23	13.04	10.67	8.30	7.11
7.8	14.60	13.38	10.95	8.52	7.30
8	14.98	13.73	11.23	8.74	7.49
8.2	15.35	14.07	11.51	8.95	7.68
8.4	15.72	14.41	11.79	9.17	7.86
8.6	16.10	14.76	12.07	9.39	8.05
8.8	16.47	15.10	12.36	9.61	8.24
9	16.85	15.44	12.64	9.83	8.42
9.2	17.22	15.79	12.92	10.05	8.61
9.4	17.60	16.13	13.20	10.26	8.80
9.6	17.97	16.47	13.48	10.48	8.99
9.8	18.35	16.82	13.76	10.70	9.17
10	18.72	17.16	14.04	10.92	9.36

Schedule 6 Wind turbines

(paragraph 20 (1) (c))

Rating (kW)	Hours each year of wind resource availability
	2 000	2 200	2 400	2 600	2 800	3 000	3 200	3 400	3 600
	Amount of electricity taken to be generated (MWh/year)
0.2	0.38	0.42	0.46	0.49	0.53	0.57	0.61	0.65	0.68
0.3	0.57	0.63	0.68	0.74	0.80	0.86	0.91	0.97	1.03
0.4	0.76	0.84	0.91	0.99	1.06	1.14	1.22	1.29	1.37
0.5	0.95	1.05	1.14	1.24	1.33	1.43	1.52	1.62	1.71
0.6	1.14	1.25	1.37	1.48	1.60	1.71	1.82	1.94	2.05
0.8	1.52	1.67	1.82	1.98	2.13	2.28	2.43	2.58	2.74
1	1.90	2.09	2.28	2.47	2.66	2.85	3.04	3.23	3.42
1.2	2.28	2.51	2.74	2.96	3.19	3.42	3.65	3.88	4.10
1.4	2.66	2.93	3.19	3.46	3.72	3.99	4.26	4.52	4.79
1.5	2.85	3.14	3.42	3.71	3.99	4.28	4.56	4.85	5.13
1.6	3.04	3.34	3.65	3.95	4.26	4.56	4.86	5.17	5.47
1.8	3.42	3.76	4.10	4.45	4.79	5.13	5.47	5.81	6.16
2	3.80	4.18	4.56	4.94	5.32	5.70	6.08	6.46	6.84
2.2	4.18	4.60	5.02	5.43	5.85	6.27	6.69	7.11	7.52
2.4	4.56	5.02	5.47	5.93	6.38	6.84	7.30	7.75	8.21
2.5	4.75	5.23	5.70	6.18	6.65	7.13	7.60	8.08	8.55
2.6	4.94	5.43	5.93	6.42	6.92	7.41	7.90	8.40	8.89
2.8	5.32	5.85	6.38	6.92	7.45	7.98	8.51	9.04	9.58
3	5.70	6.27	6.84	7.41	7.98	8.55	9.12	9.69	10.26
3.2	6.08	6.69	7.30	7.90	8.51	9.12	9.73	10.34	10.94
3.4	6.46	7.11	7.75	8.40	9.04	9.69	10.34	10.98	11.63
3.6	6.84	7.52	8.21	8.89	9.58	10.26	10.94	11.63	12.31
3.8	7.22	7.94	8.66	9.39	10.11	10.83	11.55	12.27	13.00
4	7.60	8.36	9.12	9.88	10.64	11.40	12.16	12.92	13.68
4.2	7.98	8.78	9.58	10.37	11.17	11.97	12.77	13.57	14.36
4.4	8.36	9.20	10.03	10.87	11.70	12.54	13.38	14.21	15.05
4.6	8.74	9.61	10.49	11.36	12.24	13.11	13.98	14.86	15.73
4.8	9.12	10.03	10.94	11.86	12.77	13.68	14.59	15.50	16.42
5	9.50	10.45	11.40	12.35	13.30	14.25	15.20	16.15	17.10
5.2	9.88	10.87	11.86	12.84	13.83	14.82	15.81	16.80	17.78
5.4	10.26	11.29	12.31	13.34	14.36	15.39	16.42	17.44	18.47
5.6	10.64	11.70	12.77	13.83	14.90	15.96	17.02	18.09	19.15
5.8	11.02	12.12	13.22	14.33	15.43	16.53	17.63	18.73	19.84
6	11.40	12.54	13.68	14.82	15.96	17.10	18.24	19.38	20.52
6.2	11.78	12.96	14.14	15.31	16.49	17.67	18.85	20.03	21.20
6.4	12.16	13.38	14.59	15.81	17.02	18.24	19.46	20.67	21.89
6.6	12.54	13.79	15.05	16.30	17.56	18.81	20.06	21.32	22.57
6.8	12.92	14.21	15.50	16.80	18.09	19.38	20.67	21.96	23.26
7	13.30	14.63	15.96	17.29	18.62	19.95	21.28	22.61	23.94
7.2	13.68	15.05	16.42	17.78	19.15	20.52	21.89	23.26	24.62
7.4	14.06	15.47	16.87	18.28	19.68	21.09	22.50	23.90
7.6	14.44	15.88	17.33	18.77	20.22	21.66	23.10	24.55
7.8	14.82	16.30	17.78	19.27	20.75	22.23	23.71
8	15.20	16.72	18.24	19.76	21.28	22.80	24.32
8.2	15.58	17.14	18.70	20.25	21.81	23.37	24.93
8.4	15.96	17.56	19.15	20.75	22.34	23.94
8.6	16.34	17.97	19.61	21.24	22.88	24.51
8.8	16.72	18.39	20.06	21.74	23.41
9	17.10	18.81	20.52	22.23	23.94
9.2	17.48	19.23	20.98	22.72	24.47
9.4	17.86	19.65	21.43	23.22	25.00
9.6	18.24	20.06	21.89	23.71
9.8	18.62	20.48	22.34	24.21
10	19.00	20.90	22.80	24.70

Schedule 7 Certificates for solar water heaters

(regulation 19)

Part 1 Postcode zones

Postcode range			Postcode range			Postcode range
From	To	Zone	From	To	Zone	From	To	Zone
0800	0869	1	3898	3900	3	6320	6338	4
0870	0872	2	3902	3996	4	6341	6341	3
0873	0886	1	4000	4419	3	6343	6348	4
2000	2547	3	4420	4420	1	6350	6353	3
2548	2551	4	4421	4428	3	6355	6356	4
2552	2630	3	4454	4454	1	6357	6395	3
2631	2633	4	4455	4468	3	6396	6398	4
2634	2839	3	4470	4475	2	6401	6434	3
2840	2840	2	4477	4477	1	6435	6435	2
2842	2912	3	4478	4482	2	6436	6436	3
3000	3380	4	4486	4488	3	6437	6440	2
3381	3384	3	4489	4493	2	6441	6444	3
3385	3387	4	4494	4615	3	6445	6450	4
3388	3396	3	4620	4724	1	6460	6512	3
3399	3413	4	4725	4725	2	6513	6537	2
3414	3423	3	4726	4726	1	6553	6612	3
3424	3451	4	4727	4731	2	6613	6631	2
3453	3453	3	4732	4733	1	6632	6632	3
3458	3462	4	4735	4736	2	6635	6710	2
3463	3465	3	4737	4824	1	6711	6711	3
3467	3469	4	4825	4829	2	6712	6712	2
3472	3520	3	4830	4891	1	6713	6713	3
3521	3522	4	5000	5214	3	6714	6718	2
3523	3649	3	5220	5223	4	6720	6720	3
3658	3658	4	5231	5261	3	6721	6724	2
3659	3660	3	5262	5262	4	6725	6728	1
3662	3662	4	5263	5270	3	6731	6733	3
3663	3709	3	5271	5291	4	6740	6743	1
3711	3722	4	5301	6256	3	6751	6770	2
3725	3749	3	6258	6262	4	7000	7470	4
3750	3896	4	6271	6318	3

Part 2 Number of certificates

			Number of certificates
Item	Manufacturer	Model	Zone 1	Zone 2	Zone 3	Zone 4
Rated for 200 L/day delivery
1	Beasley	Roofmaster 3702	26	28	26	20
2	Beasley	Roofmaster 3703	30	32	30	24
3	Beasley	Solar Plus/Prestige 3002	27	29	27	21
4	Beasley	Solar Plus/Prestige 3003	31	32	31	26
5	Beasley	Solar Prestige 4403	30	32	30	24
6	Beasley	Roofmaster 3702H	19	23	19	15
7	Beasley	Roofmaster 3703H	23	27	23	18
8	Beasley	Solar Plus/Prestige 3002H	21	24	21	16
9	Beasley	Solar Plus/Prestige 3003H	25	28	25	20
10	Beasley	Solar Prestige 4403H	23	27	23	17
11	Beasley	Centurion 3152	13	16	13	14
12	Beasley	Centurion 3153	16	19	16	18
13	Edwards	LX3051	23	24	23	14
14	Edwards	LX3052	26	28	26	19
15	Edwards	LX3053	30	30	30	23
16	Edwards	LX4403	28	30	28	20
17	Edwards	LX4404	30	32	30	22
18	Solahart	444L, 444LN	28	31	28	20
19	Solahart	444K, 444KN	34	35	34	27
20	Solahart	444J, 444JN	29	32	29	21
21	Solahart	443L, 443LN	26	29	26	19
22	Solahart	443K, 443KN	32	33	32	25
23	Solahart	443J, 443JN	27	30	27	19
24	Solahart	303L, 303LN	28	30	28	21
25	Solahart	303K, 303KN	34	34	34	26
26	Solahart	303J, 303JN	29	31	29	21
27	Solahart	302L, 302LN	24	27	24	18
28	Solahart	302K, 302KN	30	31	30	23
29	Solahart	302J, 302JN	26	28	26	19
30	Solahart	301L, 301LN	18	20	18	12
31	Solahart	301K, 301KN	22	24	22	15
32	Solahart	301J, 301JN	19	21	19	13
Rated for 120 L/day delivery
33	Beasley	Centurion 2502	9	12	9	10
34	Edwards	LX1801	14	16	14	11
35	Edwards	LX1802	21	21	21	15
36	Solahart	222L, 222LN	17	20	17	15
37	Solahart	222K, 222KN	21	22	21	18
38	Solahart	222J, 222JN	18	21	18	14
39	Solahart	221L, 221LN	13	16	13	10
40	Solahart	221K, 221KN	17	19	17	13
41	Solahart	221J, 221JN	14	17	14	11
42	Solahart	182LN	16	19	16	11
43	Solahart	182KN	20	21	20	15
44	Solahart	182JN	16	19	16	11
45	Solahart	181LN	12	15	12	8
46	Solahart	181KN	15	18	15	11
47	Solahart	181JN	13	15	13	8
48	Solahart	151LN	13	15	13	9
49	Solahart	151KN	16	18	16	11
50	Solahart	151JN	13	16	13	9
51	Base model	150 litre	12	15	12	8
52	Base model	180 litre	14	17	14	10
53	Base model	220 litre	11	14	11	7
54	Base model	300 litre	14	16	14	8
55	Base model	440 litre	21	27	21	15

Note

1. Notified in the Commonwealth of Australia Gazette on 6 February 2001.