Legislation and Regulations

The legislation establishes the framework for the:

• Large-scale Renewable Energy Target, including: renewable energy targets, which must be achieved over the period 2001 to 2030, liability requirements and outlines eligibility requirements for renewable energy sources and power stations; and
• Small-scale Renewable Energy Scheme, including: liability requirements, like the quarterly surrender of Small-scale Technology Certificates (STCs) and outlines eligibility requirements for solar water heaters, heat pump water heaters and small generation units (small-scale solar – photovoltaic, wind and hydro electricity systems).

The Large-scale Renewable Energy Target and the Small-scale Renewable Energy Scheme are implemented through the following legislation:

• Renewable Energy (Electricity) Act 2000  - No. 174, 2000 taking into account several amendments made by DCCEE and other government departments.
• Renewable Energy (Electricity) (Large-scale Generation Shortfall Charge) Act 2000  - No. 129, 2000 taking into account several amendments made by DCCEE. On 1 January 2011, the name of this Act was changed to the Renewable Energy (Electricity) (Large-scale Generation Shortfall Charge) Act 2000.
• Renewable Energy (Electricity) (Small-scale Technology Shortfall Charge) Act 2010.

Explanatory Memorandum

An Explanatory Memorandum (EM) is a document that sets out how a Bill is expected to operate and often provides details of individual provisions of the Bill. An EM focuses on a Bill as it was when introduced to the Parliament. A supplementary EM may be issued if there are significant changes to the Bill.

To view the principle bill EM or amendment bill EMs visit Comlaw at http://www.comlaw.gov.au/Browse/Results/ByTitle/Bills/Asmade/Re/0/renewable%20energy%20(e/. Find the relevant bill. Follow the link and click on the ‘Explanatory Memorandum’ tab.

The Large-scale Renewable Energy Target and Small-scale Renewable Energy Scheme legislation is supported by the:

• Renewable Energy (Electricity) Regulations 2001 (the Regulations); and
  • The Regulations contain more detailed rules on a number of issues, including additional eligibility criteria for renewable energy sources, accreditation of power stations, eligibility requirements for solar water heaters and small generation units.
• Renewable Energy (Electricity) Regulations 2001 - STC Calculation Methodology for Solar Water Heaters and Air Source Heat Pump Water Heaters - Determination March 2011
  • This Determination is used to provide for the number of certificates a eligible solar water heater or air-sourced heat pump is entitled once listed on the Register of solar water heaters.

Explanatory Statement

An Explanatory Statement (ES) is a document that sets out how a legislative instrument is expected to operate, and may provide details of individual provisions of the regulations. An ES will focus on the instrument as it was made, and will not normally pick up later changes.

To view the Explanatory Statements for the principle regulations or amendment regulations visit Comlaw (http://www.comlaw.gov.au/Series/F2001B00053/Amendments). Find the relevant regulation amendment. Follow the link into the regulation amendment and go to the ‘Explanatory Statement’ tab.

To find the regulation amendment ES you wish to view, you may find it easier to view the Clean Energy Regulator’s Regulation Amendments page which contains summaries of the proposed and completed regulation amendments from 2001 to present.  Then use the corresponding ComLawId (ie F2011L01381) or Number (ie SLI 2011 No. 116) to find the correct regulation amendment Explanatory Statement.

Supporting regulations, referred to as transitional provisions, are made so that Large-scale Renewable Energy Target and Small-scale Renewable Energy Scheme participants are not disadvantaged by certain legislative and regulation amendments.

The following transitional provisions also support the Large-scale Renewable Energy Target and Small-scale Renewable Energy Scheme:

• Renewable Energy (Electricity) Amendment (Transitional Provisions) Regulations 2010
• Renewable Energy (Electricity) Amendment (Transitional Provisions) Regulations 2009

Explanatory Statement

An Explanatory Statement (ES) is a document that sets out how a legislative instrument is expected to operate, and may provide details of individual provisions of the regulations. An ES will focus on the instrument as it was made, and will not normally pick up later changes.

To view the Explanatory Statements for the principle regulations or amendment regulations visit Comlaw (http://www.comlaw.gov.au/Series/F2001B00053/Amendments). Find the relevant regulation amendment. Follow the link into the regulation amendment and go to the ‘Explanatory Statement’ tab.

To find the regulation amendment ES you wish to view, you may find it easier to view the the Clean Energy Regulator’s Regulations Amendments page which contains summaries of the proposed and completed regulation amendments from 2001 to present. Then use the corresponding ComlawId (ie F2011L01381) or Number (ie SLI 2011 No. 116) to find the correct regulation amendment Explanatory Statement

The Legislation Amendments page contains summaries of the following amendments:

• Delivery of the enhanced Renewable Energy Target (2010);
• Expansion of the Renewable Energy Target (2009); and
• The Mandatory Renewable Energy Target review (2006).

The Regulations Amendments page contains summaries of the proposed and completed regulation amendments from 2001 to present.

The Clean Energy Regulator regularly amends the regulations to:

• set the Renewable Power Percentage (RPP), which establishes the rate of liability the Large-scale Renewable Energy Target (LRET);
• set the Small-scale Technology Percentage (STP), which establishes the rate of liability for the Small-scale Renewable Energy Scheme (SRES); and
• conduct other appropriate administrative changes as required.

The Department of Climate Change and Energy Efficiency update the regulations to include:

• policy changes; and
• legislative changes as required due to amendments to the Act.