New South Wales Consolidated Acts

ELECTRICITY SUPPLY ACT 1995 - SECT 97DD

97DD Conditions of accreditation

(1) Accreditation as an abatement certificate provider is subject to the following conditions:

(a) such conditions as may be imposed from time to time by the regulations,

(b) such conditions as may be imposed by the Scheme Administrator at the time of accreditation, or during the period in which the accreditation remains in force, in accordance with the regulations.

(3) The following are examples of the types of conditions that may be imposed on the accreditation of a person as an abatement certificate provider:

(a) a condition that requires the person not to create an abatement certificate in respect of the greenhouse gas emissions abated by an activity if an abatement certificate or a renewable energy certificate has already been created in respect of that abatement or if that abatement has already been used for the purposes of compliance with another scheme (whether mandatory or voluntary and whether or not imposed by or under a law of this State or another jurisdiction or otherwise), or in accordance with any agreement, arrangement or undertaking of any kind, intended to promote the reduction of greenhouse gas emissions,

(b) a condition that requires the person not to create a renewable energy certificate in respect of the greenhouse gas emissions abated by an activity, or to use that abatement for the purposes of compliance with another scheme (whether mandatory or voluntary and whether or not imposed by or under a law of this State or another jurisdiction or otherwise), or in accordance with any agreement, arrangement or undertaking of any kind, intended to promote the reduction of greenhouse gas emissions, if an abatement certificate has already been created in respect of that abatement,

(c) a condition that requires the person to provide financial assurances to secure or guarantee the person’s compliance with this Part,

(d) a condition that requires the person to take out and maintain a policy of insurance in connection with the person’s functions as an accredited abatement certificate provider,

(e) a condition that requires the person to maintain the greenhouse gas abatement secured by carbon sequestration activities for 100 years,

(f) a condition that requires the person to enter into or arrange for a restriction or public positive covenant under section 88E of the Conveyancing Act 1919 , and to arrange for its registration, for the purpose of ensuring that specified requirements of a condition run with the land concerned,

(g) a condition that requires the person to provide information, assistance and access to the Scheme Administrator (or persons appointed by the Scheme Administrator) for the purposes of monitoring and auditing compliance by the person with this Part.

(4) Subsection (3) does not prevent other conditions being imposed on the accreditation of a person as an abatement certificate provider.

(5) A person must not contravene any of the conditions of the person’s accreditation as an abatement certificate provider.

Maximum penalty: 2,000 penalty units.

(6) Subsection (5) extends to any conditions to which the suspension or cancellation of the accreditation of a person is subject under section 97DC.