Renewable Energy (Electricity) Amendment Regulations 2011 (No. 6) (Cth)

Renewable Energy (Electricity) Amendment Regulations 2011 (No. 6)¹

Select Legislative Instrument 2011 No. 270

I, QUENTIN BRYCE, 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 7 December 2011

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

GREG COMBET

Minister for Climate Change and Energy Efficiency

Name of Regulations

These Regulations are the Renewable Energy (Electricity) Amendment Regulations 2011 (No. 6).

Commencement

These Regulations commence on the day after they are registered.

Amendment of Renewable Energy (Electricity) Regulations 2001

Schedule 1 amends the Renewable Energy (Electricity) Regulations 2001.

Schedule 1 Amendments

(regulation 3)

[1] After Division 2.2

insert

Division 2.2A Eligible WCMG

10AEligible WCMG starting day

(1)For subparagraph 17A (1) (a) (i) of the Act, 1 July 2012 is prescribed as the starting day.

(2)However, subregulation (1) does not take effect if section 3 of the Clean Energy Act 2011 does not commence on or before 1 July 2012.

10BMeaning of waste coal mine gas

(1)This regulation is made for subsection 17A (2) of the Act.

(2)For the purposes of the Act, waste coal mine gas means either of the following:

(a)coal seam gas that, as part of a coal mining operation, is drained from a coal mine that is covered by a coal mining lease (however called) that authorises coal mining;

(b)coal seam gas that is drained from a closed coal mine that is, or was, covered by a coal mining lease (however called) that authorises coal mining.

10CLimitations on eligible WCMG

For subsection 17A (3) of the Act, waste coal mine gas is not eligible WCMG if:

(a)an abatement certificate under the Electricity Supply Act 1995 (NSW); or

(b)a gas electricity certificate under the Electricity Act 1994 (Qld); or

(c)an abatement certificate under the Electricity (Greenhouse Gas Emissions) Act 2004 (ACT)

is created in relation to electricity generated using the waste coal mine gas.

[2] Paragraph 20D (c)

omit

by the power station.

insert

by the power station; or

[3] After paragraph 20D (c)

insert

(d)both:

(i)at least one certificate has been created in relation to electricity generated by the power station using eligible WCMG; and

(ii)after the creation of the certificate, one of the following is created in relation to electricity generated by the power station using waste coal mine gas:

(A)an abatement certificate under the Electricity Supply Act 1995 (NSW);

(B)a gas electricity certificate under the Electricity Act 1994 (Qld);

(C)an abatement certificate under the Electricity (Greenhouse Gas Emissions) Act 2004 (ACT).

[4] Further amendments — renewable energy

The following provisions are amended by omitting each mention of ‘renewable energy’ and inserting ‘energy’.

·subregulation 14 (1), definition of FSL

·subregulation 14 (1), definition of AUX, note

·regulation 15

·paragraph 15A (c)

·regulation 16

·paragraph 18 (1) (e)

·subparagraph 18 (1) (j) (ii)

·paragraph 20D (a)

·subparagraphs 20E (1) (a) (iii) and (2) (a) (iii)

·Schedule 1, paragraph 1.1 (a)

·Schedule 1, subclause 1.2 , note

·Schedule 1, subclause 3.1

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See