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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Renewable Energy (Electricity)
Amendment Bill 2015
No. , 2015
(Environment)
A Bill for an Act to amend the Renewable Energy
(Electricity) Act 2000 and the Renewable Energy
(Electricity) Regulations 2001, and for related
purposes
No. , 2015
Renewable Energy (Electricity) Amendment Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Required GWh of renewable source electricity
3
Renewable Energy (Electricity) Act 2000
3
Part 2--Exemption certificates
5
Division 1--Amendments
5
Renewable Energy (Electricity) Act 2000
5
Division 2--Transitional provisions
9
Part 3--Removal of requirement for periodic reviews of
renewable energy legislation
11
Division 1--Main amendments
11
Renewable Energy (Electricity) Act 2000
11
Division 2--Consequential amendments
11
Climate Change Authority Act 2011
11
Division 3--Transitional provisions
12
Part 4--Wood waste
13
Division 1--Amendments
13
Renewable Energy (Electricity) Regulations 2001
13
Division 2--Transitional provisions
14
No. , 2015
Renewable Energy (Electricity) Amendment Bill 2015
1
A Bill for an Act to amend the Renewable Energy
1
(Electricity) Act 2000 and the Renewable Energy
2
(Electricity) Regulations 2001, and for related
3
purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the Renewable Energy (Electricity)
7
Amendment Act 2015.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Renewable Energy (Electricity) Amendment Bill 2015
No. , 2015
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
(1) Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
(2) The amendment of any regulation under subsection (1) does not
15
prevent the regulation, as so amended, from being amended or
16
repealed by the Governor-General.
17
Amendments Schedule 1
Required GWh of renewable source electricity Part 1
No. , 2015
Renewable Energy (Electricity) Amendment Bill 2015
3
Schedule 1
--Amendments
1
Part 1
--Required GWh of renewable source
2
electricity
3
Renewable Energy (Electricity) Act 2000
4
1 Subsection 40(1)
5
Omit "(1) Subject to subsections (2) to (4), the", substitute "The".
6
2 Subsection 40(1) (table items dealing with 2012 to 2030
7
(inclusive))
8
Repeal the items, substitute:
9
2012
16763
2013
19088
2014
16950
2015
18850
2016
21431
2017
26031
2018
28637
2019
31244
2020
33850
2021
33000
2022
33000
2023
33000
2024
33000
2025
33000
2026
33000
2027
33000
2028
33000
2029
33000
2030
33000
3 Subsections 40(1A) to (5)
10
Repeal the subsections.
11
Schedule 1 Amendments
Part 1 Required GWh of renewable source electricity
4
Renewable Energy (Electricity) Amendment Bill 2015
No. , 2015
Note
The amounts set out for the years 2012 to 2015 in the table items substituted by item 2
1
of this Part have been included in the interests of completeness. They take account of
2
the adjusting effects of the subsections repealed by this item.
3
Amendments Schedule 1
Exemption certificates Part 2
No. , 2015
Renewable Energy (Electricity) Amendment Bill 2015
5
Part 2
--Exemption certificates
1
Division 1
--Amendments
2
Renewable Energy (Electricity) Act 2000
3
4 Section 3
4
Omit "A partial", substitute "An".
5
5 Subsection 5(1) (definition of emissions-intensive
6
trade-exposed activity)
7
Repeal the definition, substitute:
8
emissions-intensive trade-exposed activity means an activity
9
prescribed by regulations made for the purposes of this definition.
10
6 Subsection 5(1) (definition of emissions-intensive
11
trade-exposed assistance program)
12
Repeal the definition.
13
7 Subsection 5(1)
14
Insert:
15
exemption, in relation to a liable entity, means an exemption for a
16
year, calculated under section 38B, that is used in working out the
17
entity's large-scale generation shortfall or small-scale technology
18
shortfall for the year.
19
exemption certificate means a certificate issued under section 46B.
20
8 Subsection 5(1) (definitions of partial exemption and partial
21
exemption certificate)
22
Repeal the definitions.
23
9 Section 34A
24
Omit "partial" (wherever occurring).
25
Schedule 1 Amendments
Part 2 Exemption certificates
6
Renewable Energy (Electricity) Amendment Bill 2015
No. , 2015
10 Section 38 (method statement, step 2)
1
Omit "partial".
2
11 Subsections 38AA(2), (3) and (4)
3
Omit "partial" (wherever occurring).
4
12 Division 1A of Part 4 (heading)
5
Repeal the heading, substitute:
6
Division 1A--Exemption from liability to charge
7
13 Sections 38A and 38B
8
Repeal the sections, substitute:
9
38A Object
10
The object of this Division is to provide a liable entity with an
11
exemption (for an amount worked out in accordance with this
12
Division), from large-scale generation shortfall charge and
13
small-scale technology charge, in respect of emissions-intensive
14
trade-exposed activities.
15
38B Amount of exemption
16
(1) The amount of a liable entity's exemption for a year is the total of
17
all the exemption amounts in exemption certificates:
18
(a) issued in relation to the liable entity for the year; and
19
(b) included in the liable entity's energy acquisition statement
20
for the year.
21
(2) The exemption amount in an exemption certificate is the amount
22
specified or described in the certificate as being the amount of the
23
liable entity's exemption.
24
14 Section 38C (heading)
25
Repeal the heading, substitute:
26
Amendments Schedule 1
Exemption certificates Part 2
No. , 2015
Renewable Energy (Electricity) Amendment Bill 2015
7
38C Information about exemptions to be published on Regulator's
1
website
2
15 Subsection 38C(1)
3
Omit "a partial", substitute "an".
4
16 Paragraphs 38C(1)(b) and (c)
5
Omit "partial".
6
17 Subsections 38C(2) and (3)
7
Omit "partial".
8
18 Subsections 39(3) and (4) and 40A(3)
9
Omit "partial" (wherever occurring).
10
19 Section 43A (paragraph relating to Division 1A)
11
Omit "partial".
12
20 Paragraph 44(2)(c)
13
Omit "a partial", substitute "an".
14
21 Subsection 44(3)
15
Omit "a partial", substitute "an".
16
22 Paragraphs 44(3)(a) and (b)
17
Omit "partial".
18
23 Division 1A of Part 5 (heading)
19
Repeal the heading, substitute:
20
Division 1A--Exemption certificates
21
24 Section 46A (heading)
22
Repeal the heading, substitute:
23
Schedule 1 Amendments
Part 2 Exemption certificates
8
Renewable Energy (Electricity) Amendment Bill 2015
No. , 2015
46A Application for exemption certificate
1
25 Subsection 46A(1)
2
Omit "a partial", substitute "an".
3
26 Section 46B (heading)
4
Repeal the heading, substitute:
5
46B Exemption certificates
6
27 Subsection 46B(1)
7
Repeal the subsection, substitute:
8
(1) If an application is made under section 46A in respect of a year, the
9
Regulator must (subject to section 46E) issue the applicant with an
10
exemption certificate for the year in relation to the liable entity
11
mentioned in the application (as referred to in
12
paragraph 46A(1)(b)). The certificate must:
13
(a) in accordance with regulations made for the purpose of
14
subsection (4), specify or describe the amount that is the
15
liable entity's exemption for the year in relation to the
16
emissions-intensive trade-exposed activity and site
17
mentioned in the application; and
18
(b) set out any other information prescribed by the regulations.
19
28 At the end of section 46B
20
Add:
21
(4) The regulations:
22
(a) must prescribe the method for working out the amount of a
23
liable entity's exemption for a year in relation to an
24
emissions-intensive trade-exposed activity and a site; and
25
(b) may provide that an exemption certificate may either:
26
(i) specify the amount that is the liable entity's exemption
27
in relation to the emissions-intensive trade-exposed
28
activity and the site; or
29
(ii) describe, in some other way, the amount that is the
30
liable entity's exemption in relation to the
31
emissions-intensive trade-exposed activity and the site.
32
Amendments Schedule 1
Exemption certificates Part 2
No. , 2015
Renewable Energy (Electricity) Amendment Bill 2015
9
29 Section 46C (heading)
1
Repeal the heading, substitute:
2
46C Amending exemption certificates
3
30 Section 46C
4
Omit "a partial" (wherever occurring), substitute "an".
5
31 Subparagraph 46D(1)(c)(ii)
6
Omit "partial".
7
32 Section 46E (heading)
8
Repeal the heading, substitute:
9
46E No exemption certificates to be issued to corporation for 5 years
10
if Minister's request not complied with
11
33 Subsection 46E(2)
12
Omit "partial".
13
34 Subsection 66(1) (table item 5F)
14
Omit "a partial", substitute "an".
15
35 Section 160 (heading)
16
Repeal the heading, substitute:
17
160 Records to be kept and preserved by registered persons, liable
18
entities and holders of exemption certificates
19
36 Subsections 160(1), (3A) and (4)
20
Omit "a partial", substitute "an".
21
Division 2
--Transitional provisions
22
37 Application of amendments etc.
23
(1)
The amendments in this Part apply in relation to exemptions for the year
24
in which this item commences and later years.
25
Schedule 1 Amendments
Part 2 Exemption certificates
10
Renewable Energy (Electricity) Amendment Bill 2015
No. , 2015
(2)
As soon as practicable after the commencement of the first amending
1
regulations (see subitem (4)), the Regulator must, in relation to each
2
exemption certificate that has already been issued for a year in relation
3
to which the amendments in this Part apply, amend the certificate so
4
that it is in accordance with the amended regulations.
5
(3)
Subject to subitem (2), nothing in this Part, or in the first amending
6
regulations, affects the validity or effectiveness of a certificate that is or
7
was issued under section 46B of the Renewable Energy (Electricity) Act
8
2000 before the commencement of the first amending regulations
9
(including before the commencement of this item).
10
(4)
In this item:
11
amended regulations means the Renewable Energy (Electricity)
12
Regulations 2001 as amended by the first amending regulations.
13
first amending regulations means the first amendments of the
14
Renewable Energy (Electricity) Regulations 2001 that are made because
15
of the amendments made by this Part.
16
38 Saving of regulations
17
(1)
Regulations in force, immediately before the commencement of this
18
item, for the purpose of paragraph (b) of the definition of
19
emissions-intensive trade-exposed activity in subsection 5(1) of the
20
Renewable Energy (Electricity) Act 2000 have effect after that
21
commencement as if they had been made for the purpose of the
22
definition of emissions-intensive trade-exposed activity as substituted
23
by item 5.
24
(2)
Regulations in force, immediately before the commencement of this
25
item, for the purpose of paragraph 46B(1)(a) of the Renewable Energy
26
(Electricity) Act 2000 have effect after that commencement as if they
27
had been made for the purpose of paragraph 46B(4)(a) of that Act as
28
amended by item 28.
29
(3)
Regulations in force, immediately before the commencement of this
30
item, for the purpose of paragraph 46B(1)(b) of the Renewable Energy
31
(Electricity) Act 2000 have effect after that commencement as if they
32
had been made for the purpose of paragraph 46B(1)(b) of that Act as
33
amended by item 27.
34
Amendments Schedule 1
Removal of requirement for periodic reviews of renewable energy legislation Part 3
No. , 2015
Renewable Energy (Electricity) Amendment Bill 2015
11
Part 3
--Removal of requirement for periodic reviews
1
of renewable energy legislation
2
Division 1
--Main amendments
3
Renewable Energy (Electricity) Act 2000
4
39 Section 162
5
Repeal the section.
6
Division 2
--Consequential amendments
7
Climate Change Authority Act 2011
8
40 Section 3
9
Omit:
10
(d)
the Renewable Energy (Electricity) Act 2000; and
11
41 Subparagraph 11(a)(iv)
12
Repeal the subparagraph.
13
42 Paragraph 57(4)(c)
14
Omit "2007; or", substitute "2007.".
15
43 Paragraph 57(4)(d)
16
Repeal the paragraph.
17
44 Paragraph 82(n)
18
Omit "2007; or", substitute "2007.".
19
45 Paragraph 82(o)
20
Repeal the paragraph.
21
Schedule 1 Amendments
Part 3 Removal of requirement for periodic reviews of renewable energy legislation
12
Renewable Energy (Electricity) Amendment Bill 2015
No. , 2015
Division 3
--Transitional provisions
1
46 Continuing application of repealed paragraph
2
Despite the repeal of paragraph 82(o) of the Climate Change Authority
3
Act 2011 by item 45, that paragraph continues to apply after the
4
commencement of this item in relation to an act or matter in good faith
5
done or omitted to be done before that commencement in the
6
performance or purported performance of a function, or in the exercise
7
or purported exercise before that commencement of a power, conferred
8
by section 162 of the Renewable Energy (Electricity) Act 2000 as then
9
in force.
10
Amendments Schedule 1
Wood waste Part 4
No. , 2015
Renewable Energy (Electricity) Amendment Bill 2015
13
Part 4
--Wood waste
1
Division 1
--Amendments
2
Renewable Energy (Electricity) Regulations 2001
3
47 Regulation 8
4
Omit "For", substitute "(1) For".
5
48 Paragraph 8(b)
6
Omit ", other than a product or a by-product that is derived from
7
biomass from a native forest".
8
49 Paragraph 8(d)
9
Omit ", other than sawmill residue derived from biomass from a native
10
forest".
11
50 After paragraph 8(d)
12
Insert:
13
; and (e) biomass from a native forest that meets all of the
14
requirements in subregulation (2).
15
51 At the end of regulation 8
16
Add:
17
(2) Biomass from a native forest must be:
18
(a) harvested primarily for a purpose other than biomass for
19
energy production; and
20
(b) either:
21
(i) a by-product or waste product of a harvesting operation,
22
approved under relevant Commonwealth, State or
23
Territory planning and approval processes, for which a
24
high-value process is the primary purpose of the
25
harvesting; or
26
(ii) a by-product (including thinnings and coppicing) of a
27
harvesting operation that is carried out in accordance
28
with ecologically sustainable forest management
29
principles; and
30
Schedule 1 Amendments
Part 4 Wood waste
14
Renewable Energy (Electricity) Amendment Bill 2015
No. , 2015
(c) either:
1
(i) if it is from an area where a regional forest agreement is
2
in force--produced in accordance with any ecologically
3
sustainable forest management principles required by
4
the agreement; or
5
(ii) if it is from an area where no regional forest agreement
6
is in force--produced from harvesting that is carried out
7
in accordance with ecologically sustainable forest
8
management principles that the Minister is satisfied are
9
consistent with those required by a regional forest
10
agreement.
11
(3) For subparagraph (2)(b)(i), the primary purpose of a harvesting
12
operation is taken to be a high-value process only if the total
13
financial value of the products of the high-value process is higher
14
than the financial value of other products of the harvesting
15
operation.
16
(4) In this regulation:
17
ecologically sustainable forest management principles means the
18
following principles that meet the requirements of ecologically
19
sustainable development for forests:
20
(a) maintenance of the ecological processes within forests,
21
including the formation of soil, energy flows, and the carbon,
22
nutrient and water cycles;
23
(b) maintenance of the biological diversity of forests;
24
(c) optimisation of the benefits to the community from all uses
25
of forests within ecological constraints.
26
high-value process means the production of sawlogs, veneer,
27
poles, piles, girders, wood for carpentry or craft uses, or oil
28
products.
29
Division 2
--Transitional provisions
30
52 Application of amendments
31
(1)
The amendments in this Part apply in relation to electricity generated
32
from biomass after the commencement of this item (whether the
33
production of the biomass occurred before or after that
34
commencement).
35
Amendments Schedule 1
Wood waste Part 4
No. , 2015
Renewable Energy (Electricity) Amendment Bill 2015
15
(2)
Subitem (1) has effect despite regulation 4 of the Renewable Energy
1
(Electricity) Amendment Regulations 2011 (No. 5).
2