Renewable Energy (Electricity) Regulations 2001
Statutory Rules No. 2, 2001
made under the
Renewable Energy (Electricity) Act 2000
Compilation No. 90
Compilation date: 1 May 2026
Includes amendments: F2026L00093
About this compilation
This compilation
This is a compilation of the Renewable Energy (Electricity) Regulations 2001 that shows the text of the law as amended and in force on 1 May 2026 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Name of Regulations
3 Definitions
3A Conditions for solar water heater
3B Definition of auxiliary loss
3C Meaning of battery connected (solar PV) small generation unit
Part 2—Renewable energy certificates
Division 2.1A—Registration
3L Determining fit and proper person
Division 2.1—Accreditation
3S Final day for including eligible WCMG in application
4 Eligibility for accreditation
5 1997 eligible renewable power baselines
5A 2008 WCMG limit
Division 2.2—Eligible renewable energy sources
6 Meaning of certain energy sources that are eligible renewable energy sources (Act s 17)
7 Meaning of certain energy sources that are not eligible renewable energy sources (Act s 17)
8 Meaning of wood waste
9 Energy crops (Act s 17)
10 Special requirements—ocean, wave and tide
Division 2.2A—Eligible WCMG
10A Eligible WCMG starting day
10B Meaning of waste coal mine gas
10C Limitations on eligible WCMG
Division 2.3—Eligible electricity generation
Subdivision 2.3.1—Accredited power stations
13 Working out electricity generation for a power station
14 General formula
15 Ineligible fuel component
15A Electricity omitted from calculation
16 Supplementary generation
18 Electricity generation returns for accredited power stations (Act…
Overview
The Renewable Energy (Electricity) Regulations 2001 were enacted to provide a regulatory framework for the Renewable Energy (Electricity) Act 2000. The Act aimed to encourage and facilitate the generation of renewable energy in Australia and to establish a market for renewable energy certificates. These regulations were made under the authority of the Act by the Australian Government and provide detailed provisions on the creation, trading, and accreditation of renewable energy certificates, among other things. The overarching policy objective of the Act and these regulations is to promote the use of renewable energy sources, reduce greenhouse gas emissions, and support the transition to a more sustainable energy system. The Clean Energy Regulator, established under the Act, is responsible for administering these regulations and ensuring compliance with the requirements for the accreditation of renewable energy sources and the creation and transfer of renewable energy certificates.
Scope and Application
The Renewable Energy (Electricity) Regulations 2001, as amended and in force on 1 May 2026, apply to various entities and individuals engaged in the renewable energy sector in Australia, including accredited power stations, small generation units, and entities involved in the creation and trade of renewable energy certificates. These regulations implement the Renewable Energy (Electricity) Act 2000 and cover a wide array of activities related to the generation, accreditation, and certification of renewable energy, as well as the administration and enforcement mechanisms to ensure compliance with the Act. The scope of the regulations encompasses the establishment of eligibility criteria for renewable energy sources, the methods for calculating and accrediting renewable energy generation, the accreditation and registration processes for entities, and the processes for creating and trading renewable energy certificates. Additionally, the regulations provide for the establishment of a clearing house for small-scale technology certificates and specify the obligations of entities involved in the acquisition of electricity. The geographic reach of these regulations is national, applying across all jurisdictions in Australia. Exclusions and exemptions are detailed within the regulations themselves, such as the exclusion of certain fossil fuel-based electricity generation from eligibility. The application of these regulations can be extended or restricted through subordinate instruments, which are used to make adjustments, specify guidelines, and clarify definitions as needed to align with policy changes or legislative updates.
Key Provisions
- The Renewable Energy (Electricity) Regulations 2001 establish a framework for the generation and certification of renewable energy in Australia. The regulations define key terms such as "accredited power station," "eligible renewable energy source," and "solar water heater." They outline the process for accrediting power stations and creating renewable energy certificates, including the calculation of electricity generation for accredited power stations and the creation of certificates for solar water heaters and small generation units. The regulations also detail eligibility criteria for different types of renewable energy sources, including energy sources that are eligible and ineligible, and provide guidelines for determining certain baselines and limits. Additionally, the regulations cover the operation of a clearing house for small-scale technology certificates, and the issuance of exemption certificates for emissions-intensive trade-exposed activities.
- These regulations impose obligations on various parties, including the requirement for power stations to use specific metering and to comply with relevant planning and operational standards. They also mandate that solar water heaters and small generation units meet certain certification criteria and that eligible renewable energy sources be used in their generation. Furthermore, the regulations require the establishment of a Register of solar water heaters and mandate record-keeping for small generation units. The regulations specify the information to be included in applications for exemption certificates and outline the methods for calculating exemption amounts for emissions-intensive trade-exposed activities.
- The regulations provide for offences and penalties for breaches, particularly in relation to providing false or misleading information. For example, providing false or misleading information in relation to the installation of a small generation unit can result in civil penalties under section 24B of the Renewable Energy (Electricity) Act 2000. The regulations also include provisions for the suspension of registration and accreditation, as well as the declaration of certain persons as ineligible to design or install small generation units or batteries. Inspectors appointed under the regulations must ensure that small generation units conform to Australian standards and must not have a conflict of interest during inspections. Failure to comply with these obligations can result in both civil and criminal penalties, including fines and imprisonment, depending on the severity of the breach. The regulations also include administrative provisions for the seizure and disposal of property, the issuance of identity cards for authorised officers, and the setting of fees for various applications and processes.
- Area of Law
- Environmental Law
- Energy Law
- Instrument
- Regulation
- Concepts
- Definitions & Interpretation
- Licensing & Registration
- Enforcement Powers
- Reporting & Disclosure Obligations
- Regulatory Standards
