Renewable Energy (Electricity) Amendment Regulations 2005 (No. 3)1

Select Legislative Instrument 2005 No. 255

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Renewable Energy (Electricity) Act 2000.

Dated 10 November 2005

P. M. JEFFERY

Governor-General

By His Excellency’s Command

IAN CAMPBELL

Minister for the Environment and Heritage

Schedule 1 Amendments

(regulation 3)

[1] Subregulation 3 (2)

substitute

(2) For the definition of small generation unit in subsection 5 (1) of the Act:

(a) a device whose energy source is hydro is a small generation unit if:

(i) it has a kW rating of no more than 6.4 kW; and

(ii) it generates no more than 25 MWh of electricity each year; and

(b) a device whose energy source is wind is a small generation unit if:

(i) it has a kW rating of no more than 10 kW; and

(ii) it generates no more than 25 MWh of electricity each year; and

(i) it has a kW rating of no more than 100 kW; and

(ii) it generates no more than 250 MWh of electricity each year.

[2] Regulation 9

substitute

9 Energy crops

For section 17 of the Act, biomass from a native forest is not an energy crop.

[3] Paragraph 20 (1) (a)

omit

with a kW rating of no more than 6.4 kW

[4] Paragraph 20 (1) (b)

omit

with a kW rating of not more than 10 kW

[5] Subregulation 20 (6)

substitute

(6) For this regulation:

(a) certificates may be created for a small generation unit:

(i) annually; or

(ii) both:

(A) on installation — for the first 5 years after installation; and

(B) 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; or

(b) certificates may be created for a small generation unit in accordance with subregulation (7) if:

(i) the unit is a solar panel (photovoltaic) system; and

(ii) the unit is installed after 31 July 2005; and

(iii) no certificate has been created for the unit under paragraph (a).

(7) Certificates may be created for a unit mentioned in paragraph (6) (b) on installation, or within 1 year after installation, for a period of 15 years after installation.

(8) If certificates are created for a solar panel (photovoltaic) system under subregulation (7), no subsequent certificates may be created for the unit under this regulation even if the unit is installed more than once.