Renewable Energy (Electricity) Amendment (Percentages) Regulations 2025

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au F2025L00128 Not in force Legislative Instrument

Legislation content

 

EXPLANATORY STATEMENT

 

Issued by authority of the Minister for Climate Change and Energy

 

Renewable Energy (Electricity) Act 2000

 

Renewable Energy (Electricity) Amendment (Percentages) Regulations 2025

 

The Renewable Energy (Electricity) Act 2000 (the Act) provides the framework for the large-scale renewable energy target (LRET) and small scale renewable energy scheme (SRES). An object of the Act is to encourage the additional generation of electricity from renewable sources.

 

Subsections 39(1) and 40A(1) of the Act require that regulations specifying the renewable power percentage (RPP) and small-scale technology percentage (STP), respectively, for a given year must be made on or before 31 March in the year.

 

Section 161 of the Act provides that the GovernorGeneral may make regulations prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

Under the Act, large-scale generation certificates (LGCs) and small-scale technology certificates (STCs) may be created for energy generated or displaced by eligible renewable energy systems, including but not limited to, solar farms, wind farms, rooftop solar systems and air-sources heat pumps. The Act requires wholesale purchasers of electricity (liable entities who are typically electricity retailers) to surrender a set amount of LGCs and STCs to the Clean Energy Regulator (CER) each year. This surrender requirement bolsters demand for these certificates, enabling those who build and install eligible energy systems to sell the LGCs and STCs to the liable entities. Being able to sell these certificates to liable entities incentivises the building and installation of eligible renewable energy systems.

The share of the total cumulative liability for LGCs and STCs is determined by multiplying the RPP and the STP, respectively, by the amount of wholesale electricity a liable entity has purchased in that year.

Subsection 39(1) of the Act provides that the RPP for a given year must be specified in the Renewable Energy (Electricity) Regulations 2001 (the Principal Regulations) on or before 31 March in the year. Similarly, subsection 40A(1) of the Act provides that the STP for a given year is the percentage prescribed in the Principal Regulations on or before 31 March in the year.

The proposed Renewable Energy (Electricity) Amendment (Percentages) Regulations 2025 (the proposed Regulations) have amended the Principal Regulations to specify the RPP and STP for 2025. These percentages are used to calculate the amount of LGCs and STCs that liable entities are required to surrender to the CER, or to calculate any shortfall charges payable by liable entities. In turn, costs are passed through to electricity consumers.

Subsections 39(3) and 40A(3) of the Act prescribe considerations that the Minister must take into consideration before the Governor-General may make regulations to specify the RPP and STP.

 

Each year, the RPP and STP are calculated using standard formulas that account for the considerations set out in subsections 39(3) and 40A(3) of the Act. These formulas are published on the CER’s website.

 

The calculation of the percentages and amendments are market sensitive, routine and machinery in nature. Consequently, public and industry consultation was not conducted.

 

Details of the proposed Regulations and how the RPP and STP for 2025 were calculated are set out in the Attachment.

 

The Regulations are a legislative instrument for the purposes of the Legislation Act 2003.

 

The Regulations commenced on the day after they were registered on the Federal Register of Legislation.

 

The Minute recommended that the Regulations be made in the form proposed.

 

 

 

  

ATTACHMENT A

 

Details of the Renewable Energy (Electricity) Amendment (Percentages) Regulations 2025

 

Section 1 - Name of Regulations

 

This section states that the title of the Regulations is the Renewable Energy (Electricity) Amendment (Percentages) Regulations 2025.

 

Section 2 - Commencement

 

This section states that the Renewable Energy (Electricity) Amendment (Percentages) Regulations 2025 will commence the day after the instrument is registered.

 

Section 3 - Authority

 

This section states that the Regulations are made under the Renewable Energy (Electricity) Act 2000.

 

Section 4 - Schedule(s)

 

This section states that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

 

Schedule 1 - Amendments

 

Item [1] – At the end of Regulation 23

 

This item specifies that the renewable power percentage (RPP) for 2025 is 17.91 per cent, decreasing from 18.48 per cent in 2024.

 

The RPP is calculated from the large-scale renewable energy target (LRET) data held by the Clean Energy Regulator (CER) using a standard formula that accounts for the Minister’s considerations set out in subsection 39(3) of the Act. It is calculated to create large-scale generation certificates demand equal to the required amount of renewable source electricity (as set by section 40 of the Act) for the given year.

 

The 2024 and 2025 RPP are relatively similar as they have the same target, and other inputs such as the total electricity acquired by liable entities and the total exemptions for defined emissions intensive trade exposure activities, vary slightly from year to year. The target is 33,000 GWh from 2021 to 2030, when the LRET ends. 

 

Item [2] – At the end of Regulation 23A

 

This item specifies that the small-scale renewable technology percentage (STP) for 2025 is 13.89 per cent, decreasing from 21.26 per cent in 2024.

 

The STP is calculated from small-scale renewable energy scheme data held by the CER and from consultants’ projections, using a standard formula that accounts for the Minister’s considerations set out in subsection 40A(3) of the Act. The intention of the Act is for the STP to be calculated to ensure that over time all small-scale technology certificates (STC) will be required to be surrendered.

 

The calculated decrease for 2025 is primarily due to lower estimated STC creations in 2025. This is in line with each STC eligible solar installation system receiving a reduced number of STCs due to the declining deeming period. Installed solar capacity is still expected to be around 2.9 GW in 2025.


ATTACHMENT B

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Renewable Energy (Electricity) Amendment (Percentages) Regulations 2025

 

This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

The amendment to the Renewable Energy (Electricity) Regulations 2001 (the Regulations) is required to set the Renewable Power Percentage (RPP) and the Small-scale Technology Percentage (STP) for 2025. The 2025 RPP is 17.91 per cent, which has decreased from 18.48 per cent for 2024. The 2025 STP is 13.89 per cent, which has increased from 21.26 per cent for 2024.

 

The RPP sets the rate of liability for the given compliance year under the Large-scale Renewable Energy Target (LRET). The STP sets the rate of liability for the given compliance year under the Small-scale Renewable Energy Scheme (SRES). The Regulations prescribing the RPP and STP must be made on or before 31 March each year or the percentages will be calculated in accordance with a statutory formula.

 

The setting of the RPP and STP is considered minor and machinery as the percentages are an administrative requirement under section 39 and section 40A of the Renewable Energy (Electricity) Act 2000 (the Act) respectively, to achieve the objectives of the Act which is to encourage the additional generation of electricity from renewable sources. The Act requires entities that make relevant acquisitions of electricity to surrender certificates created from accredited renewable energy power stations. The Act also requires entities that make relevant acquisitions of electricity to surrender certificates created by entities, individuals or companies from small unit installations, namely solar water heaters and small photovoltaic (solar), wind and hydro generation systems.

 

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

 

 

 

Overview

The Renewable Energy (Electricity) Amendment (Percentages) Regulations 2025 were introduced to amend the Renewable Energy (Electricity) Regulations 2001 to specify the renewable power percentage (RPP) and small-scale technology percentage (STP) for the year 2025. The Renewable Energy (Electricity) Act 2000 (the Act) established the framework for the large-scale renewable energy target (LRET) and small-scale renewable energy scheme (SRES) with an object to encourage the additional generation of electricity from renewable sources. The proposed Regulations are designed to set the RPP and STP, which are used to calculate the amount of large-scale generation certificates (LGCs) and small-scale technology certificates (STCs) that wholesale purchasers of electricity must surrender to the Clean Energy Regulator each year. The RPP for 2025 has been set at 17.91 per cent, decreasing from 18.48 per cent in 2024, while the STP for 2025 is set at 13.89 per cent, decreasing from 21.26 per cent in 2024. These percentages are calculated using standard formulas that account for various factors, including the large-scale renewable energy target and the total electricity acquired by liable entities. The Regulations are a legislative instrument made under the Legislation Act 2003 and commenced the day after they were registered on the Federal Register of Legislation.

Scope and Application

The Renewable Energy (Electricity) Amendment (Percentages) Regulations 2025 apply to the Commonwealth of Australia and are made under the Renewable Energy (Electricity) Act 2000 (the Act). The Regulations specify the renewable power percentage (RPP) and small-scale technology percentage (STP) for the year 2025. The RPP for 2025 is set at 17.91 per cent, a decrease from 18.48 per cent in 2024, and the STP for 2025 is set at 13.89 per cent, a decrease from 21.26 per cent in 2024. These percentages are used to calculate the amount of large-scale generation certificates (LGCs) and small-scale technology certificates (STCs) that wholesale purchasers of electricity, typically electricity retailers, must surrender to the Clean Energy Regulator each year. The Act requires these entities to surrender a set amount of LGCs and STCs, which bolsters demand for these certificates and incentivises the building and installation of eligible renewable energy systems. The setting of the RPP and STP is a routine and administrative requirement of the Act, calculated using standard formulas and considerations prescribed by the Act. The Regulations do not contain any exclusions or exemptions and apply to all liable entities within the Commonwealth. The application of the Regulations is extended through subordinate instruments as necessary to achieve the objectives of the Act.

Key Provisions

The Renewable Energy (Electricity) Amendment (Percentages) Regulations 2025, made under the Renewable Energy (Electricity) Act 2000, specify the renewable power percentage (RPP) and small-scale technology percentage (STP) for the year 2025. According to section 1, the title of these regulations is the Renewable Energy (Electricity) Amendment (Percentages) Regulations 2025. Section 2 indicates that these regulations commence the day after they are registered. Section 3 clarifies that these regulations are made under the Renewable Energy (Electricity) Act 2000. Schedule 1, Item [1] specifies that the RPP for 2025 is 17.91 per cent, down from 18.48 per cent in 2024, while Item [2] specifies that the STP for 2025 is 13.89 per cent, down from 21.26 per cent in 2024. These percentages are calculated using standard formulas that consider factors such as the total electricity acquired by liable entities and exemptions for certain emissions-intensive trade-exposed activities. The obligations imposed by these regulations primarily concern the calculation and specification of the RPP and STP for 2025. The Clean Energy Regulator is responsible for determining these percentages using the specified formulas and data. The Minister for Climate Change and Energy must consider certain factors outlined in subsections 39(3) and 40A(3) of the Act before the Governor-General can make the regulations. These regulations are designed to ensure that wholesale purchasers of electricity (liable entities) surrender a set amount of large-scale generation certificates (LGCs) and small-scale technology certificates (STCs) to the Clean Energy Regulator each year. This requirement is intended to boost demand for these certificates, thereby encouraging the installation and operation of renewable energy systems. Failure to comply with the Renewable Energy (Electricity) Act 2000 and the accompanying regulations could result in various civil and criminal consequences. Liable entities that fail to surrender the required number of LGCs and STCs may be subject to shortfall charges, which are passed on to electricity consumers. Additionally, entities that do not meet their obligations under the Act could face legal action. While the specific penalties are not detailed in the explanatory statement, breaches of environmental or energy legislation in Australia can typically result in fines and, in severe cases, criminal charges. These penalties aim to enforce compliance and promote the objectives of the Act, which include encouraging the additional generation of electricity from renewable sources. The Renewable Energy (Electricity) Amendment (Percentages) Regulations 2025 are a legislative instrument under the Legislation Act 2003. They commenced on the day after they were registered on the Federal Register of Legislation. The explanatory statement notes that the calculation of the RPP and STP is considered minor and routine, so public and industry consultation was not conducted. The regulations are compatible with human rights as they do not engage any of the applicable rights or freedoms, as outlined in the Statement of Compatibility with Human Rights.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.