Renewable Energy Legislation Amendment Act 2016 (ACT)

Renewable Energy Legislation Amendment Act 2016

A2016-26

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Part 2Climate Change and Greenhouse Gas Reduction Act 2010

4            ACT greenhouse gas emissions targetSection 6 (1)  3

5            Interim greenhouse gas emissions targetsSection 7 (1)  3

Part 3Electricity Feed-in (Large-scale Renewable Energy Generation) Act 2011

6            FiT capacitySection 9  4

7           New section 26  4

8            New schedule 1  6

Renewable Energy Legislation Amendment Act 2016

A2016-26

An Act to amend the Climate Change and Greenhouse Gas Reduction Act 2010 and the Electricity Feed-in (Large-scale Renewable Energy Generation) Act 2011, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1Preliminary

1. Name of Act

   This Act is the Renewable Energy Legislation Amendment Act 2016.

2. Commencement

   This Act commences on the day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This Act amends the Climate Change and Greenhouse Gas Reduction Act 2010 and the Electricity Feed-in (Large-scale Renewable Energy Generation) Act 2011.

Part 2Climate Change and Greenhouse Gas Reduction Act 2010

1. ACT greenhouse gas emissions target
   Section 6 (1)

   omit

   30 June 2060

   substitute

   30 June 2050

2. Interim greenhouse gas emissions targets
   Section 7 (1)

   substitute

   (1)The interim target is to reduce greenhouse gas emissions in the ACT to 40% less than 1990 emissions by 30 June 2020.

Part 3Electricity Feed-in (Large-scale Renewable Energy Generation) Act 2011

1. FiT capacity
   Section 9

   omit

   550MW

   substitute

   650MW

2. New section 26

   insert

3. Electricity Feed-in (Large-scale Renewable Energy Generation) FiT Capacity Release Determination 2016 (No 2)—sch 1

   (1)The provisions set out in schedule 1 are taken, on the commencement of this section, to be a determination made under section 10 (FiT capacity release).

   (2)To remove any doubt and without limiting subsection (1), the determination may be amended or repealed as if it had been made by the Minister under section 10.

   (3)Also to remove any doubt, the determination is taken—

   (a)to have been notified under the Legislation Act on the day the Renewable Energy Legislation Amendment Act 2016 is notified; and

   (b)to have commenced on the commencement of the Renewable Energy Legislation Amendment Act 2016; and

   (c)not to be required to be presented to the Legislative Assembly under the Legislation Act, section 64 (1).

   (4)Section 10 (4) and section 11 (3) do not apply to the determination.

   (5)Subsections (1) to (4) are laws to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

   (6)This section and schedule 1 expire on the day they commence.

1. New schedule 1

   insert

Schedule 1New FiT Capacity Release Determination

(see s 26)

Electricity Feed-in (Large-scale Renewable Energy Generation) FiT Capacity Release Determination 2016 (No 2)

Disallowable instrument DI2016–

made under the

Electricity Feed-in (Large-scale Renewable Energy Generation) Act 2011, section 10 (FiT capacity release)

1. Name of instrument

   This instrument is the Electricity Feed-in (Large-scale Renewable Energy Generation) FiT Capacity Release Determination 2016 (No 2).

2. Determination of FiT capacity release

   (1)I determine that—

   (a)a FiT capacity release of 91MW is to be made available for the grant of FiT entitlements; and

   (b)the release is to be made available by competitive process or direct grant; and

   (c)the minimum capacity of a large renewable energy generator’s generating system in relation to which a FiT entitlement may be granted under the release is to be 9MW; and

   (d)for a FiT entitlement that may be granted under the release—

   (i)the term is to be 20 years; and

   (ii)1 or more of the following renewable energy sources must be used:

   (A)wind;

   (B)solar;

   (C)an energy source declared by the Minister under the Act, section 6 to be a renewable energy source; and

   (iii)large renewable energy generators must be located in—

   (A)the Australian capital region; or

   (B)a participating jurisdiction.

   Note 1Participating jurisdiction—see the National Electricity (ACT) Law, s 2.

   Note 2Terms used in this disallowable instrument have the same meaning that they have in the Electricity Feed-in (Large-scale Renewable Energy Generation) Act 2011 (see Legislation Act, s 148.) For example, the following terms are defined in the Act, dict:

   ·     Australian capital region

   ·     capacity, of a generating system (see s 7)

   ·     FiT capacity (see s 9)

   ·     FiT capacity release (see s 10 (1))

   ·     FiT entitlement (see s 8)

   ·     large renewable energy generator (see s 6).

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 3 May 2016.

2. Notification

   Notified under the Legislation Act on 12 May 2016.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Renewable Energy Legislation Amendment Bill 2016, which was passed by the Legislative Assembly on 5 May 2016.

   Acting Clerk of the Legislative Assembly

   © Australian Capital Territory 2016