Renewable Energy (Electricity) Amendment (Exemptions and Other Measures) Regulations 2024

I, the Honourable Sam Mostyn AC, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated  05 December 2024

Sam Mostyn AC

Governor‑General

By Her Excellency’s Command

Chris Bowen

Minister for Climate Change and Energy

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Renewable Energy (Electricity) Regulations 2001

1  Name

  This instrument is the Renewable Energy (Electricity) Amendment (Exemptions and Other Measures) Regulations 2024.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under the Renewable Energy (Electricity) Act 2000.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Renewable Energy (Electricity) Regulations 2001

1  Subregulation 22XA(2A)

Repeal the subregulation, substitute:

 (2A) However, if an application for an exemption certificate is:

 (a) for 2024; and

 (b) made by a prescribed person mentioned in regulation 22G, 22H, 22I, 22J or 22K; and

 (c) for an emissions‑intensive trade‑exposed activity mentioned in Part 20 of Schedule 6 (integrated iron and steel manufacturing);

the application must be lodged on or before 31 December 2024.

2  Subregulation 22ZB(4B)

Before “subparagraphs 656(1)(e)(i) to (iii)”, insert “former”.

3  Paragraphs 601(1)(b) and (c) of Schedule 6

After “the Part”, insert “(if included)”.

4  Subclause 601(1) of Schedule 6 (note)

After “a year”, insert “before 2020”.

5  Subclause 656(1) of Schedule 6

Repeal the subclause, substitute:

 (1) Integrated iron and steel manufacturing is the chemical and physical transformation of iron ore into crude carbon steel products and hot‑rolled carbon steel products involving:

 (a) all of the processes specified in subclause (1A); or

 (b) both:

 (i) all of the processes specified in subclause (1A); and

 (ii) the carbonisation of coal (principally coking coal) into coke oven coke.

Note: Carbon steel and coke oven coke are defined in regulation 22A.

 (1A) For the purposes of paragraph (1)(a) and subparagraph (1)(b)(i), the following processes are specified:

 (a) the chemical and physical transformation of iron ore into agglomerated iron ore, such as iron ore sinter or iron ore pellets;

 (b) the chemical and physical transformation of either or both of limestone or dolomite, into lime (including burnt lime and burnt dolomite);

 (c) the chemical and physical transformation of iron ore feed, including agglomerated iron ore, into molten iron which includes the reduction of oxides of iron using carbon as the predominant reducing agent;

 (d) the chemical and physical transformation of molten iron and cold ferrous feed, such as pig iron, flat iron and ferrous scrap, into 1 or more of the following:

 (i) continuously cast carbon steel products;

 (ii) ingots of carbon steel;

 (iii) hot‑rolled carbon steel products, which commenced hot‑rolling at a temperature above 800 °C.

6  Subclause 656(3) of Schedule 6

Repeal the subclause.

7  At the end of Schedule 6

Add:

Part 55—Production of hydrogen by electrolysis

Division 1—Production of hydrogen by electrolysis

761  Production of hydrogen by electrolysis

 (1) The production of hydrogen is the physical and chemical transformation of water (H2O) into hydrogen (H2) and oxygen (O2) via a splitting process by electrolysis to produce saleable hydrogen (H2) of at least 99% purity.

 (2) The production process may involve the process of purification, compression, drying or liquefaction of hydrogen.

 (3) The production of hydrogen by electrolysis is specified as an emissions‑intensive trade‑exposed activity.

Note: There is no Division 2 or 3 for this Part.