Untitled document

Victorian Renewable Energy Amendment Act 2009

No. 67 of 2009

TABLE OF PROVISIONS

Section  Page

1Purpose

2Commencement

3Principal Act

4Application for provisional accreditation

5Application for accreditation

6Period of generation of electricity for certificates

7New section 27 substituted

27When certificates may be created

8When a certificate may be created—small generation units

9No certificates can be created on or after 1 February 2010

10Prohibition of renewable energy certificate shortfall

11New Table inserted in section 66

12Review of operation of the Act

13Substitution of Part 14

PART 14—TRANSITIONAL

115Undertakings given before commencement of
Victorian Renewable Energy Amendment Act 2009

14Undertakings given by registered person applicants

15Undertakings given by accredited power station applicants

16Repeal of Act

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ENDNOTES

Victorian Renewable Energy Amendment Act 2009

No. 67 of 2009

[Assented to 17 November 2009]

The Parliament of Victoria enacts:

1Purpose

The main purpose of this Act is to amend the Victorian Renewable Energy Act 2006 as a result of the expansion of the Commonwealth renewable energy target scheme under the Renewable Energy (Electricity) Act 2000 of the Commonwealth.

2Commencement

This Act comes into operation on a day or days to be proclaimed.

3Principal Act

In this Act the Victorian Renewable Energy Act 2006 is called the Principal Act.

4Application for provisional accreditation

After section 12(4) of the Principal Act insert—

"(5)No application can be made under this section on or after the commencement of section 4 of the Victorian Renewable Energy Amendment Act 2009.".

5Application for accreditation

After section 15(2) of the Principal Act insert—

"(3)No application can be made under this section on or after the commencement of section 5 of the Victorian Renewable Energy Amendment Act 2009.".

6Period of generation of electricity for certificates

For section 26(1)(b) of the Principal Act substitute—

"(b)until 31 January 2010.".

7New section 27 substituted

For section 27 of the Principal Act substitute—

"27   When certificates may be created

(1)A certificate may be created—

(a)in the case of electricity generated before 1 January 2009—at any time after the generation of the final part of the electricity in relation to which it is created and before the end of the year after the year of generation;

(b)in the case of electricity generated on or after 1 January 2009—at any time after the generation of the final part of the electricity in relation to which it is created and before 1 July 2010.

(2)To avoid doubt, subsection (1)(b) applies to electricity generated on or after 1 January 2009 and before the day on which section 7 of the Victorian Renewable Energy Amendment Act 2009 comes into operation.

Note

For the offence related to the improper creation of certificates, see section 38.".

8When a certificate may be created—small generation units

For section 30(1) of the Principal Act substitute—

"(1)Certificates may be created in relation to a small generation unit that is installed on or after 1 January 2007 and before 1 February 2010.

(1A)A certificate referred to in subsection (1) may be created any time after the installation of the small generation unit but before 1 February 2010.".

9No certificates can be created on or after 1 February 2010

In section 37 of the Principal Act—

(a)in the heading to the section, for "1 January 2031" substitute "1 February 2010";

(b)for "1 January 2031" substitute "1 February 2010".

10Prohibition of renewable energy certificate shortfall

In section 61(2) of the Principal Act, for "2031" substitute "2010".

11New Table inserted in section 66

For the Table in section 66(1) of the Principal Act substitute—

"

Required GWh of electricity from eligible renewable energy sources
Year	Required GWh
2007	0
2008	193
2009	578

".

12Review of operation of the Act

(1)In section 114(1) of the Principal Act, for "must" substitute "may".

(2)Section 114(2) of the Principal Act is repealed.

13Substitution of Part 14

For Part 14 of the Principal Act substitute—

"PART 14—TRANSITIONAL

115Undertakings given before commencement of Victorian Renewable Energy Amendment Act 2009

(1)An undertaking given to the ESC as required under section 9(2) before the commencement day has effect on and after the commencement day as if the undertaking were to the effect of clause 1 of the Schedule as amended and in force on and after the commencement day.

(2)An undertaking given to the ESC as required under section 9(3) before the commencement day has effect on and after the commencement day as if the undertaking were to the effect of clause 2 of the Schedule as amended and in force on and after the commencement day.

(3)An undertaking given to the ESC as required under section 16(3) before the commencement day has effect on and after the commencement day as if the undertaking were to the effect of clause 3 of the Schedule as amended and in force on and after the commencement day.

(4)An undertaking given to the ESC as required under section 16(4) before the commencement day has effect on and after the commencement day as if the undertaking were to the effect of clause 4 of the Schedule as amended and in force on and after the commencement day.

(5)In this section commencement day means the day on which section 14 of the Victorian Renewable Energy Amendment Act 2009 comes into operation.

__________________".

14Undertakings given by registered person applicants

(1)In clause 1(a) of the Schedule to the Principal Act—

(a)after "Commonwealth certificate" insert

", before 1 February 2010,";

(b)after "unit" (where first occurring) insert "installed before 1 February 2010".

(2)In clause 1(b) of the Schedule to the Principal Act—

(a)after "unit" (where first occurring) insert "installed before 1 February 2010";

(b)after "Commonwealth certificate" insert
", before 1 February 2010,".

(3)In clause 2(c) of the Schedule to the Principal Act—

(a)after "Commonwealth certificate" insert

", before 1 February 2010,";

(b)after "unit" (where first occurring) insert "installed before 1 February 2010".

(4)In clause 2(d) of the Schedule to the Principal Act—

(a)after "unit" (where first occurring) insert "installed before 1 February 2010";

(b)after "Commonwealth certificate" insert

", before 1 February 2010,".

15Undertakings given by accredited power station applicants

(1)In clause 3(a) of the Schedule to the Principal Act after "generated" insert "before 1 February 2010".

(2)In clause 3(b) of the Schedule to the Principal Act after "generated" insert "before 1 February 2010".

(3)In clause 4(e) of the Schedule to the Principal Act after "generated" insert "before 1 February 2010".

(4)In clause 4(f) of the Schedule to the Principal Act after "generated" insert "before 1 February 2010".

16Repeal of Act

This Act is repealed on the first anniversary of the first day on which all of its provisions are in operation.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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ENDNOTES

Minister's second reading speech—

Legislative Assembly: 2 September 2009

Legislative Council: 17 September 2009

The long title for the Bill for this Act was "A Bill for an Act to amend the Victorian Renewable Energy Act 2006 as a result of the expansion of the Commonwealth renewable energy target scheme and for other purposes."