VICTORIAN RENEWABLE ENERGY ACT 2006

Victorian Consolidated Legislation

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VICTORIAN RENEWABLE ENERGY ACT 2006

No. 72 of 2006
Version incorporating amendments as at 1 July 2009

TABLE OF PROVISIONS

Section Page

PART 1-PRELIMINARY

1. Purpose
2. Commencement
3. Definitions
4. Objects
5. Approved interstate renewable energy regime
6. Crown to be bound
7. Extra-territorial operation

PART 2-RENEWABLE ENERGY CERTIFICATES

Division 1-Registration of persons

8. Who may apply to be registered?
9. ESC may require further information and undertakings from applicants
10. ESC to approve or refuse application
11. ESC to allocate registration numbers

Division 2-Provisional accreditation of power stations

12. Application for provisional accreditation of a relevant power station
13. ESC may give provisional accreditation
14. Time limit for deciding applications

Division 3-Accreditation of power stations

15. Application for accreditation
16. ESC may require further information and undertakings from applicants
17. ESC to decide certain matters
18. ESC to approve or refuse application
19. Time limit for deciding applications
20. Nominated person for accredited power station
21. ESC to allocate identification codes
22. What is an eligible renewable energy source?
23. What is not an eligible renewable energy source?
24. Specification of energy sources as eligible renewable
energy sources
25. ESC rules may provide for or in relation to meaning of
energy sources

Division 4-Creation of certificates
Subdivision 1-Electricity generation

26. Creating certificates for additional renewable electricity
27. When certificates may be created
28. Certificates must not be created if Commonwealth certificates already created
29. Electricity generation returns
Subdivision 2-Small generation units
30. When a certificate may be created
31. How many certificates may be created
32. Who may create a certificate?
33. No other certificates to be created
34. Certificates must not be created if Commonwealth certificates already created
35. Election to not create certificates under this Subdivision
36. Small generation unit returns
Subdivision 3-End of right to create certificates
37. No certificates can be created on or after 1 January 2031.
Subdivision 4-Improper creation of certificates
38. Improper creation of certificates-offences

Division 5-Form and registration of certificates

39. Form and content of certificates-accredited power stations
40. Form and content of certificates-small generation units
41. Certificates must be registered

Division 6-Transfer of certificates

42. Certificates may be transferred
43. ESC to be notified

Division 7-Retirement of certificates

44. Owner may surrender certificate
45. Retirement of certificates

Division 8-Suspension of registration

46. Suspension of registration-conviction for improper creation
of certificates
47. Suspension of registration-other grounds

Division 9-Changing the nominated person for an accredited
power station

48. Changing the nominated person for an accredited power
station

Division 10-Varying what constitutes a power station

49. Varying what constitutes an accredited power station

Division 11-Suspending the accreditation of a relevant power station

50. Suspending the accreditation of a relevant power station-interconnected power stations
51. Suspending the accreditation of a power station-other
grounds
52. Suspending the accreditation of a power station-
circumstances specified by Governor in Council

Division 12-Varying pre-scheme capacity and scheme capacity

53. Varying pre-scheme capacity and scheme capacity

PART 3-ACQUISITIONS OF ELECTRICITY

54. What is a standard scheme acquisition?
55. What is a notional scheme acquisition?
56. What is an excluded acquisition?
57. Specification of standard scheme acquisitions and notional scheme acquisitions as excluded acquisitions
58. Special provision for transactions involving NEMMCO
59. ESC rules to determine amount of electricity acquired

PART 4-RENEWABLE ENERGY CERTIFICATE
SHORTFALL

Division 1-Prohibition of renewable energy certificate shortfall

60. Who is a relevant entity?
61. Prohibition of renewable energy certificate shortfall
62. Civil penalty for shortfall
63. Shortfall penalty rate
64. Determination of renewable energy certificate shortfall

Division 2-Renewable power percentage

65. Renewable power percentage
66. Required GWh of electricity from eligible renewable energy sources

PART 5-STATEMENTS AND SURRENDER OF
CERTIFICATES

67. Annual energy acquisition statements
68. Fees for surrender of certificates
69. Restrictions on certificates that can be surrendered

PART 6-CIVIL ENFORCEMENT

Division 1-Renewable energy shortfall penalty

70. Shortfall statement
71. Application for declaration and order for payment of shortfall penalty

Division 2-Surrender of additional certificates where
undertaking breached

72. Certificate surrender notice
73. Application for declaration and order requiring surrender of certificates

Division 3-Surrender of additional certificates following
improper creation of certificates

74. ESC may require surrender of certificates following
improper creation of certificates

PART 7-REVIEW OF ESC DECISIONS

75. Review of decisions

PART 8-ROLE OF ESC

76. Role of ESC
77. ESC must publish certain information
78. Annual report

PART 9-REGISTERS

Division 1-General

79. Registers to be maintained

Division 2-The register of registered persons

80. Register of registered persons

Division 3-The register of accredited power stations

81. Register of accredited power stations

Division 4-The register of renewable energy certificates

82. Register of renewable energy certificates

Division 5-The register of applications for accredited power
stations

83. Contents of register of applications for accredited power
stations

Division 6-Form of registers

84. Form of registers

PART 10-INFORMATION-GATHERING POWERS

85. ESC may obtain information and documents
86. Failure to comply with notice
87. Protection against self-incrimination
88. Copies of documents
89. ESC may retain documents

PART 11-POWERS OF AUTHORISED OFFICERS

Division 1-Appointment of authorised officers and identity cards

90. Appointment of authorised officers
91. Identity cards

Division 2-Powers of authorised officer
Subdivision 1-When may powers be exercised

92. When may powers be exercised?
Subdivision 2-Monitoring powers
93. Entry to premises
94. Information to be provided to occupier on entry
95. Entry with consent
96. Entry with monitoring warrant
97. Monitoring powers of authorised officers
Subdivision 3-Powers to ask questions and seek production of documents
98. Authorised officer may ask for information
99. Authorised officer may require information
100. Failure to produce documents or answer questions
101. Protection against self-incrimination

Division 3-Occupiers' rights and responsibilities

102. Occupier may be present during execution of warrant
103. Occupier to provide authorised officer with assistance

Division 4-Monitoring warrants

104. Monitoring warrants

PART 12-CONFIDENTIALITY

105. Disclosure of information and offence
106. Information may be disclosed to specified persons or bodies

PART 13-GENERAL

Division 1-General offences

107. False or misleading information
108. Failure to provide documents
109. Offences by bodies corporate

Division 2-Evidence and records

110. Evidence
111. Records to be kept by registered persons and relevant entities

Division 3-Fees

112. Fees

Division 4-ESC rules

113. ESC rules

Division 5-Review of Act

114. Review of operation of Act

PART 14-AMENDMENT OF ESSENTIAL SERVICES COMMISSION ACT 2001.

115. Functions
116. New section 10C inserted
energy
117. Delegation
__________________
SCHEDULE-Undertakings to be given to the Esc

PART 1-UNDERTAKINGS TO BE GIVEN BY REGISTERED PERSON APPLICANTS
1. Undertakings for registered person applicants who are Commonwealth scheme participants
2. Undertakings for registered person applicants who are not Commonwealth scheme participants

PART 2-UNDERTAKINGS TO BE GIVEN BY ACCREDITED POWER STATION APPLICANTS
3. Undertakings for applicants who are Commonwealth scheme participants
4. Undertakings for applicants who are not Commonwealth
scheme participants
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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