Climate Change and Greenhouse Gas Reduction (Renewable Electricity Target) Amendment Act 2019 (ACT)

The Climate Change and Greenhouse Gas Reduction (Renewable Electricity Target) Amendment Act 2019 (ACT) was introduced to amend the Climate Change and Greenhouse Gas Reduction Act 2010 (ACT) and the Climate Change and Greenhouse Gas Reduction (Renewable Energy Targets) Determination 2016 (ACT). The Act aimed to increase the renewable electricity target in the ACT from 50% to 100% by 1 January 2020, among other changes. The primary dispute arose from the requirement that the ACT government must determine a method for measuring compliance with the renewable energy target, and the need for an independent entity to report annually on the ACT's progress in meeting these targets.

The court was tasked with interpreting the legislative provisions concerning the renewable energy targets and the role of the independent entity in reporting on these targets. The legal issues revolved around the Minister's discretion in determining the method for measuring compliance, the extent to which the Minister must seek advice from the independent entity, and the specific requirements of the annual report by the independent entity.

The court examined the legislative text and the objects of the Act, which included reducing greenhouse gas emissions and increasing renewable energy use in the ACT. It found that the Minister must determine a method for measuring compliance with the renewable energy target, seeking advice from an independent entity and ensuring consistency with best national and international practices. The court also held that the annual report by the independent entity must include an analysis of the ACT’s progress in meeting the renewable energy targets, compliance with these targets, identification of the main sources of renewable energy, and possible reasons for changes in renewable energy use or generation. The court emphasized that these provisions were designed to ensure transparency and accountability in achieving the renewable energy targets.

In conclusion, the court upheld the provisions of the Act concerning the renewable energy targets and the role of the independent entity. It found that the Minister had the discretion to determine a method for measuring compliance, but must seek advice from an independent entity and adhere to best practices. The annual report requirements were also upheld, with the court clarifying the specific content that must be included in the report. This decision reinforces the legislative intent to achieve the ambitious renewable energy targets set by the ACT government.