Voluntary surrender for non-compliance
A person may choose to voluntarily surrender certificates to correct an error that has resulted in, or compensate for, an improper creation of certificates. This may occur where:
- The Clean Energy Regulator has identified that a registered person has improperly created LGCs or STCs. In this case the Clean Energy Regulator may also consider enforcement options such as Enforceable Undertakings or criminal or civil proceedings.
- A registered person identifies an administrative error resulting in certificates being improperly created, and wishes to surrender the equivalent number of certificates. However, this does not mean that the Clean Energy Regulator will not consider other actions to ensure this behavior does not occur in the future.
Voluntary surrender for Non-compliance purposes is different to the mandatory surrender processes where RET liable entities, typically electricity retailers, are required to surrender:
- LGCs annually to meet the Large-scale Renewable Energy Target (LRET) legislated under section 40 of the Act; and
- STCs quarterly to meet requirements under the Small-scale Renewable Energy Scheme (SRES) legislated under section 40A of the Act.
For Mandatory Surrender visit Surrender of LGCs and Surrender of STCs.
How to voluntarily surrender certificates for non-compliance purposes
If you identify that you have improperly created certificates through an administrative error, you or your representative should contact the validation team on 1300 553 542 or retscheme@cleanenergyregulator.gov.au.
If the Clean Energy Regulator identifies that certificates have been created improperly, the Clean Energy Regulator compliance team will contact the entity who created the certificates and may arrange for the equivalent number of certificates to be surrendered through the voluntary surrender functionality of the REC Registry. After the Clean Energy Regulator has confirmed that it is appropriate for certificates to be surrendered and the number of certificates, you will need to:
- Make the surrender offer(s) through the Voluntary Surrender functionality in the REC Registry. You must include information explaining the reason for surrender, including the PVD, WID, HYD and SWH code if appropriate, and the Clean Energy Regulator contact.
- Advise the Clean Energy Regulator contact that you have offered LGCs or STCs for the correction of an improper certificate creation, or "Surrender for Non-compliance purposes".
Confirming offers of voluntary surrender for non-compliance purposes
When offering LGCs or STCs for surrender, the REC Registry requests confirmation of your offer at several points in the surrender process, before the offer is completed in the Registry.
This is to give you every opportunity to review the information you are providing, particularly the renewable energy source type and amount of LGCs or STCs being offered, or to withdraw your offer if you need.
Acceptance of voluntary surrender offers for non-compliance purposes
A voluntary surrender offer of certificates can only be accepted by the Regulator. The Clean Energy Regulator aims to finalise the acceptance of the voluntary surrender of certificates within 4 weeks of the offer having been submitted into the Registry.
LGCs and STCs that are accepted for voluntary surrender for non-compliance purposes:
- Are permanently removed from the relevant market.
- Cannot be transferred to another party or be used for mandatory surrender.
- Cannot be returned to the account for future transactions or traded with mandatory surrender offer(s) of LGCs or STCs.
Record keeping
The Clean Energy Regulator requires participants of the LRET and SRES to keep all relevant records and any supporting information relating to actions of the Act for a period of 5 years. The Regulator can request any information under section 125A of the Act.
The Act allows the Clean Energy Regulator to conduct audits of any person who carries out actions of the Act at any time with consent of the company. Should the company be selected for audit, you will be notified in due course. Should the company not consent a monitoring warrant can be obtained.
Failure to meet any sections of the Act may result in suspension of registration or criminal proceedings and the payment of penalties.
REC Registry assistance
If you are unsure about how to use particular functions of the REC Registry or have any technical issues you can:
- use the instructions found in the REC Registry by clicking on "help" to find relevant help files; or
- contact the REC Registry helpdesk on 1800 159 724.
Date last updated: 28 Mar 2012