Victorian Energy Efficiency Target Amendment (Scheme Acquisition and Creation of Certificates) Regulations 2017

Authorised by the Chief Parliamentary Counsel Authorised Version i Victorian Energy Efficiency Target Amendment (Scheme Acquisition and Creation of Certificates) Regulations 2017 S.R. No. 71/2017 TABLE OF PROVISIONS Regulation Page 1 Objectives 1 2 Authorising provision 2 3 Commencement 2 4 Principal Regulations 2 5 Definitions 2 6 Conditions and circumstances under which a certificate cannot be created 3 7 New regulation 10AA inserted 3 8 Scheme acquisition 4 9 New Schedule 37 inserted 5 ═════════════ Endnotes 14 -- 1 of 15 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2017 S.R. No. 71/2017 Victorian Energy Efficiency Target Act 2007 Victorian Energy Efficiency Target Amendment (Scheme Acquisition and Creation of Certificates) Regulations 2017 The Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, makes the following Regulations: Dated: 11 July 2017 Responsible Minister: LILY D'AMBROSIO Minister for Energy, Environment and Climate Change ANDREW ROBINSON Clerk of the Executive Council 1 Objectives The objectives of these Regulations are to amend the Victorian Energy Efficiency Target Regulations 2008— (a) to permit the creation of certificates in relation to certain premises; and (b) to provide for certain customers to become prescribed customers for the purposes of the definition of scheme acquisition in the Victorian Energy Efficiency Target Act 2007. -- 2 of 15 -- Victorian Energy Efficiency Target Amendment (Scheme Acquisition and Creation of Certificates) Regulations 2017 S.R. No. 71/2017 2 Authorised by the Chief Parliamentary Counsel 2 Authorising provision These Regulations are made under section 75 of the Victorian Energy Efficiency Target Act 2007. 3 Commencement These Regulations come into operation on 1 August 2017. 4 Principal Regulations In these Regulations, the Victorian Energy Efficiency Target Regulations 20081 are called the Principal Regulations. 5 Definitions In regulation 4 of the Principal Regulations insert the following definition— "scheduled activity premises means— (a) the premises at the addresses specified in Column 2 of the Table in Part 1 of Schedule 37; and (b) the premises specified in Column 2 of the Table in Part 2 of Schedule 37; and (c) the other premises in relation to which there was, on 29 June 2014, an entry on the register kept under section 26G of the Environment Protection Act 1970 as in force immediately before that day; Note 29 June 2014 is the day before the day on which section 17 of the Environment Protection and Sustainability Victoria Amendment Act 2014 came into operation. That section repealed section 26G of the Environment Protection Act 1970, under which the register of scheduled activities was kept.". -- 3 of 15 -- Victorian Energy Efficiency Target Amendment (Scheme Acquisition and Creation of Certificates) Regulations 2017 S.R. No. 71/2017 3 Authorised by the Chief Parliamentary Counsel 6 Conditions and circumstances under which a certificate cannot be created For regulation 10(1)(ab) of the Principal Regulations substitute— "(ab) if the prescribed activity is undertaken— (i) in scheduled activity premises; and (ii) on a day before the day on which a notification is made in relation to those premises in accordance with regulation 10AA; or". 7 New regulation 10AA inserted After regulation 10 of the Principal Regulations insert— "10AA Notification of intention to undertake prescribed activity at scheduled activity premises (1) The person specified in subregulation (2) for scheduled activity premises may, by written notice, notify the ESC that a prescribed activity is intended to be undertaken at the premises for the purposes of the VEET scheme. (2) The person who may give the notification for the premises is— (a) if the premises are occupied by a body corporate, the chief financial officer (however described) for the body corporate; or (b) otherwise, an occupier of the premises. -- 4 of 15 -- Victorian Energy Efficiency Target Amendment (Scheme Acquisition and Creation of Certificates) Regulations 2017 S.R. No. 71/2017 4 Authorised by the Chief Parliamentary Counsel (3) On receiving a notification under subregulation (1), the ESC must publish on its Internet site— (a) if the premises are occupied by a body corporate, the name of the body corporate; and (b) the address of the premises; and (c) the day on which the notification was made.". 8 Scheme acquisition For regulation 12(2) of the Principal Regulations substitute— "(2) A person who occupies scheduled activity premises, and to whom a relevant entity sells electricity or gas in Victoria as an occupier of those premises, is not a prescribed customer in relation to those premises until the commencement day for those premises as determined under subregulation (2A). (2A) The commencement day for scheduled activity premises is 1 January of the second calendar year after the calendar year in which, for the first time, a certificate created in respect of the premises is registered under section 22 of the Act. Note A certificate cannot be created in respect of scheduled activity premises unless the ESC has been notified that a prescribed activity is intended to be undertaken at the premises for the purposes of the VEET scheme. See regulations 10(1)(ab) and 10AA.". -- 5 of 15 -- Victorian Energy Efficiency Target Amendment (Scheme Acquisition and Creation of Certificates) Regulations 2017 S.R. No. 71/2017 5 Authorised by the Chief Parliamentary Counsel 9 New Schedule 37 inserted After Schedule 36 to the Principal Regulations insert— "Schedule 37—Scheduled activity premises Regulation 4 Part 1—Specified addresses Column 1 Item Column 2 Specified addresses 1 1 Hume Road, LAVERTON NORTH, VIC, 3026 2 631 Kororoit Creek Road, ALTONA, VIC, 3018 3 606 Madeira Packet Road, PORTLAND, VIC, 3305 4 55 Commercial Road, MELBOURNE, VIC, 3004 5 1 Crosher Lane, WANGARATTA, VIC, 3677 6 1420 Ferntree Gully Road, SCORESBY, VIC, 3179 7 334C River Road, SWAN HILL, VIC, 3585 8 145 Studley Road, HEIDELBERG, VIC, 3084 9 330 Waterdale Road, HEIDELBERG WEST, VIC, 3081 10 Lot 1074 Boonoonar Road, COLIGNAN, VIC, 3494 11 65 Leakes Road, LAVERTON NORTH, VIC, 3026 12 17–19 Pipe Road, LAVERTON NORTH, VIC, 3026 13 10 Woolshed Gully Drive, MOUNT CLEAR, VIC, 3350 14 45–47 Mackey Street, NORTH GEELONG, VIC, 3215 15 272–322 Ryrie Street, GEELONG, VIC, 3220 16 159 Burgins Road, HAMILTON, VIC, 3300 17 5096 Murray Valley Highway, STRATHMERTON, VIC, 3641 18 28 Bayview Road, HASTINGS, VIC, 3915 19 351 Hammond Road, DANDENONG SOUTH, VIC, 3175 -- 6 of 15 -- Victorian Energy Efficiency Target Amendment (Scheme Acquisition and Creation of Certificates) Regulations 2017 S.R. No. 71/2017 6 Authorised by the Chief Parliamentary Counsel Column 1 Item Column 2 Specified addresses 20 226 Lorimer Street, PORT MELBOURNE, VIC, 3207 21 676 Lorimer Street, PORT MELBOURNE, VIC, 3207 22 2 Trawalla Avenue, THOMASTOWN, VIC, 3074 23 191 George Street, WANTIRNA SOUTH, VIC, 3152 24 170 Reservoir Road, WAURN PONDS, VIC, 3216 25 24 Queen Street, WODONGA, VIC, 3690 26 19–81 Sisely Avenue, WANGARATTA, VIC, 3677 27 47 Station Street, KORUMBURRA, VIC, 3950 28 183 Wattletree Road, MALVERN, VIC, 3144 29 55 Lemnos North Road, LEMNOS, VIC, 3631 30 425 Somerville Road, TOTTENHAM, VIC, 3012 31 380 Tramway Road, MORWELL, VIC, 3840 32 251 Myrtleford-Yackandandah Road, MYRTLEFORD, VIC, 3737 33 224 Yeungroon-Woosang Road, YEUNGROON EAST, VIC, 3525 34 246 East Boundary Road, BENTLEIGH EAST, VIC, 3165 35 20 Levanswell Road, MOORABBIN, VIC, 3189 36 1341 Dandenong Road, CHADSTONE, VIC, 3148 37 171 Fitzgerald Road, LAVERTON NORTH, VIC, 3026 38 1 Tristania Drive, COLAC, VIC, 3250 39 8 Whiteman Street, SOUTHBANK, VIC, 3006 40 1126 Sydney Road, FAWKNER, VIC, 3060 41 5 Portarlington Road, EAST GEELONG, VIC, 3220 42 189–209 Camp Road, BROADMEADOWS, VIC, 3047 43 45 Poplar Road, PARKVILLE, VIC, 3052 44 656 Mitcham Road, VERMONT, VIC, 3133 45 277 Whitehall Street, YARRAVILLE, VIC, 3013 46 95 Greens Road, DANDENONG SOUTH, VIC, 3175 -- 7 of 15 -- Victorian Energy Efficiency Target Amendment (Scheme Acquisition and Creation of Certificates) Regulations 2017 S.R. No. 71/2017 7 Authorised by the Chief Parliamentary Counsel Column 1 Item Column 2 Specified addresses 47 36–80 Church Street, ABBOTSFORD, VIC, 3067 48 541–583 Kororoit Creek Road, ALTONA, VIC, 3018 49 13 Bridge Street, NEWTOWN, VIC, 3220 50 37–41 Gilbertson Road, LAVERTON NORTH, VIC, 3026 51 412 Commercial Road, MORWELL, VIC, 3840 52 285 Waarre Road, WAARRE, VIC, 3269 53 Lot 50E Eastern Road, YALLOURN, VIC, 3825 54 33–35 Cemetery Road, HASTINGS, VIC, 3915 55 514 Garretts Road, LONGFORD, VIC, 3851 56 127 Frankston-Dandenong Road, DANDENONG, VIC, 3175 57 129 Curdie Street, COBDEN, VIC, 3266 58 15 Factory Road, COROROOKE, VIC, 3254 59 150 Darnum Park Road, DARNUM, VIC, 3822 60 50 Drummond Street, DENNINGTON, VIC, 3280 61 20 Midland Highway, STANHOPE, VIC, 3623 62 22–30 Denmark Road, ECHUCA, VIC, 3564 63 1735 Sydney Road, CAMPBELLFIELD, VIC, 3061 64 365–455 Melbourne Road, NORLANE, VIC, 3214 65 121–171 Seabeach Parade, NORTH SHORE, VIC, 3214 66 25–33 Fourth Avenue, SUNSHINE, VIC, 3020 67 940 Koo Wee Rup Road, PAKENHAM, VIC, 3810 68 170 South Gippsland Highway, DANDENONG, VIC, 3175 69 64 Richards Road, CASTLEMAINE, VIC, 3450 70 1061 Mountain Highway, BORONIA, VIC, 3155 71 191 Salmon Street, PORT MELBOURNE, VIC, 3207 72 7 Factories Road, SOUTH GEELONG, VIC, 3220 73 20 Heaths Court, MILL PARK, VIC, 3082 -- 8 of 15 -- Victorian Energy Efficiency Target Amendment (Scheme Acquisition and Creation of Certificates) Regulations 2017 S.R. No. 71/2017 8 Authorised by the Chief Parliamentary Counsel Column 1 Item Column 2 Specified addresses 74 120–200 Rosamond Road, MARIBYRNONG, VIC, 3032 75 5331 Great Ocean Road, ALLANSFORD, VIC, 3277 76 2121 Finlay Road, TONGALA, VIC, 3621 77 504 Princes Highway, NOBLE PARK NORTH, VIC, 3174 78 74 Hazeldenes Road, LOCKWOOD, VIC, 3551 79 290 Oaklands Road, OAKLANDS JUNCTION, VIC, 3063 80 1 Lexia Place, MULGRAVE, VIC, 3170 81 77 Raglan Street, PRESTON, VIC, 3072 82 3610 Glenelg Highway, PITTONG, VIC, 3360 83 121 Grant Road, SOMERVILLE, VIC, 3912 84 1 Roberts Street, WEST FOOTSCRAY, VIC, 3012 85 30 Industry Park Drive, BROOKLYN, VIC, 3012 86 119 Racecourse Road, COBRAM, VIC, 3644 87 54 Cornelia Creek Road, ECHUCA, VIC, 3564 88 91–99 Ajax Road, ALTONA, VIC, 3018 89 323–351 Canterbury Road, RINGWOOD, VIC, 3134 90 32 Koornang Road, SCORESBY, VIC, 3179 91 162 Salmon Street, PORT MELBOURNE, VIC, 3207 92 2040 Hume Highway, CAMPBELLFIELD, VIC, 3061 93 8–10 Berends Drive, DANDENONG SOUTH, VIC, 3175 94 50 Baranduda Drive, BARANDUDA, VIC, 3691 95 150 Wells Road, CHELSEA HEIGHTS, VIC, 3196 96 1 National Road, MORWELL, VIC, 3840 97 32 Crowle Street, NORTH GEELONG, VIC, 3215 98 116 Ring Road, WENDOUREE, VIC, 3355 99 1 Petcare Place, WODONGA, VIC, 3690 100 1059 Ring Road, MITCHELL PARK, VIC, 3355 -- 9 of 15 -- Victorian Energy Efficiency Target Amendment (Scheme Acquisition and Creation of Certificates) Regulations 2017 S.R. No. 71/2017 9 Authorised by the Chief Parliamentary Counsel Column 1 Item Column 2 Specified addresses 101 300 Grattan Street, PARKVILLE, VIC, 3050 102 40 Simpson Road, CHRISTMAS HILLS, VIC, 3775 103 165 Swinton Street, DENNINGTON, VIC, 3280 104 24 Scott Street, WARRNAMBOOL, VIC, 3280 105 15–29 The Crescent, MILDURA, VIC, 3500 106 351–381 Millers Road, ALTONA NORTH, VIC, 3025 107 765 Ballarat Road, DEER PARK, VIC, 3023 108 900 Dandenong Road, CAULFIELD EAST, VIC, 3145 109 1–131 Wellington Road, CLAYTON, VIC, 3800 110 42 Benalla-Yarrawonga Road, BENALLA, VIC, 3672 111 90 Broadway Street, COBRAM, VIC, 3644 112 23 Commercial Road, KOROIT, VIC, 3282 113 18 Yarragon Road, LEONGATHA, VIC, 3953 114 6–10 Bundalaguah Road, MAFFRA, VIC, 3860 115 69–87 Mackay Street, ROCHESTER, VIC, 3561 116 19 Kiewa East Road, TANGAMBALANGA, VIC, 3691 117 11 Nicholson Street, CARLTON, VIC, 3053 118 122 Lewis Road, WANTIRNA SOUTH, VIC, 3152 119 1585 Hume Highway, CAMPBELLFIELD, VIC, 3061 120 254–294 Wellington Road, MULGRAVE, VIC, 3170 121 13 Talbot Road, WAHGUNYAH, VIC, 3687 122 209–235 Frankston-Dandenong Road, DANDENONG SOUTH, VIC, 3175 123 600 Craigieburn Road East, CRAIGIEBURN, VIC, 3064 124 103–105 Pipe Road, LAVERTON NORTH, VIC, 3026 125 207 Sunshine Road, TOTTENHAM, VIC, 3012 126 1–35 Walchs Road, NORTH SHORE, VIC, 3214 127 166–180 Dohertys Road, LAVERTON NORTH, VIC, 3026 -- 10 of 15 -- Victorian Energy Efficiency Target Amendment (Scheme Acquisition and Creation of Certificates) Regulations 2017 S.R. No. 71/2017 10 Authorised by the Chief Parliamentary Counsel Column 1 Item Column 2 Specified addresses 128 305 Waarre Road, WAARRE, VIC, 3269 129 93 Bannister Street, BENDIGO, VIC, 3550 130 842 Wellington Road, ROWVILLE, VIC, 3178 131 161–169 Princes Highway, BAIRNSDALE, VIC, 3875 132 21 Evans Street, BRAYBROOK, VIC, 3019 133 252 Chesterville Road, MOORABBIN, VIC, 3189 134 37–49 Browns Road, CLAYTON, VIC, 3168 135 100–102 Boundary Road, SUNSHINE WEST, VIC, 3020 136 14 McNaughton Road, CLAYTON, VIC, 3168 137 9–13 Rhur Street, DANDENONG SOUTH, VIC, 3175 138 471–513 Kororoit Creek Road, ALTONA, VIC, 3018 139 81–83 Fairbank Road, CLAYTON SOUTH, VIC, 3169 140 359 Bendigo-Tennyson Road, HUNTLY, VIC, 3551 141 46–50 McDonald Street, NUMURKAH, VIC, 3636 142 1555 Centre Road, CLAYTON, VIC, 3168 143 124 La Trobe Street, MELBOURNE, VIC, 3000 144 145 Fitzgerald Road, LAVERTON NORTH, VIC, 3026 145 70 Greg Norman Drive, POINT COOK, VIC, 3030 146 19 Ailsa Street, BOX HILL, VIC, 3128 147 2 Beverage Drive, TULLAMARINE, VIC, 3043 148 630 Howitt Street, BALLARAT, VIC, 3350 149 280 McIvor Highway, BENDIGO, VIC, 3550 150 90 Refinery Road, CORIO, VIC, 3214 151 870 McDonalds Track, LANG LANG, VIC, 3984 152 4 Melba Avenue, LILYDALE, VIC, 3140 153 2 Denmark Road, ECHUCA, VIC, 3564 154 28–46 Bald Hill Road, PAKENHAM, VIC, 3810 155 147–161 Cherry Lane, LAVERTON NORTH, VIC, 3026 156 246 Clayton Road, CLAYTON, VIC, 3168 -- 11 of 15 -- Victorian Energy Efficiency Target Amendment (Scheme Acquisition and Creation of Certificates) Regulations 2017 S.R. No. 71/2017 11 Authorised by the Chief Parliamentary Counsel Column 1 Item Column 2 Specified addresses 157 135 David Street, DANDENONG, VIC, 3175 158 600 Princes Highway, SPRINGVALE, VIC, 3171 159 85 McCormick Road, KYABRAM, VIC, 3620 160 16 Young Street, MOOROOPNA, VIC, 3629 161 Andrew Fairley Avenue, SHEPPARTON, VIC, 3630 162 41 Victoria Parade, FITZROY, VIC, 3065 163 32 South Wharf, PORT MELBOURNE, VIC, 3207 164 265 Whitehall Street, YARRAVILLE, VIC, 3013 165 11 Moloney Drive, WODONGA, VIC, 3690 166 238 Hogan Street, TATURA, VIC, 3616 167 1816–1822 Dandenong Road, CLAYTON, VIC, 3168 168 300 Exhibition Street, MELBOURNE, VIC, 3000 169 105 Dohertys Road, LAVERTON NORTH, VIC, 3026 170 110 Hopkins Road, FULHAM, VIC, 3851 171 50 Flemington Road, PARKVILLE, VIC, 3052 172 494 Grieve Parade, ALTONA NORTH, VIC, 3025 173 44 Johns Way, RED CLIFFS, VIC, 3496 174 5 Lipton Drive, THOMASTOWN, VIC, 3074 175 55 Park Street, TATURA, VIC, 3616 176 66 Ham Street, KANGAROO FLAT, VIC, 3555 177 1741 Sydney Road, CAMPBELLFIELD, VIC, 3061 178 448 Epsom Road, FLEMINGTON, VIC, 3031 179 38 Dohertys Road, LAVERTON NORTH, VIC, 3026 180 118 Hammond Road, DANDENONG, VIC, 3175 181 299 McKoy Street, WODONGA, VIC, 3690 182 13 Reo Crescent, CAMPBELLFIELD, VIC, 3061 183 36–38 Charles Street, COBURG NORTH, VIC, 3058 184 22 Radford Road, RESERVOIR, VIC, 3073 185 160 Gordon Street, FOOTSCRAY, VIC, 3011 -- 12 of 15 -- Victorian Energy Efficiency Target Amendment (Scheme Acquisition and Creation of Certificates) Regulations 2017 S.R. No. 71/2017 12 Authorised by the Chief Parliamentary Counsel Column 1 Item Column 2 Specified addresses 186 1239 Nepean Highway, CHELTENHAM, VIC, 3192 187 425 Burwood Highway, WANTIRNA SOUTH, VIC, 3152 188 54 Kelly Street, WODONGA, VIC, 3690 Part 2—Specified premises Column 1 Item Column 2 Specified premises 1 The premises at which a glass packaging plant is situated and that are bounded by Raleigh Street, Hudsons Road, Simcock Avenue, and Booker Street in Spotswood 2 The premises at which a char plant is situated on Porters Road in Morwell 3 The premises at which an asphalt plant is situated on Riding Boundary Road in Ravenhall 4 The Melbourne University Campus located on Grattan Street in Carlton and Parkville 5 The La Trobe University Campus located on Centreway in Bundoora 6 The premises at which a shipping container terminal is situated on Mackenzie Road in West Melbourne 7 The premises at which a sewage treatment plant is situated on Alan Bird Drive in Bangholme 8 The premises at which a sewage treatment plant is situated on East Road in Cocoroc 9 The premises at which a gold mine is situated on McCormicks Road in Fosterville 10 The premises at which a paper mill is situated on Traralgon West Road in Morwell 11 The Loy Yang Power Station located on Bartons Lane in Traralgon 12 The premises at which a gold mine is situated on Leviathan Road in Stawell -- 13 of 15 -- Victorian Energy Efficiency Target Amendment (Scheme Acquisition and Creation of Certificates) Regulations 2017 S.R. No. 71/2017 13 Authorised by the Chief Parliamentary Counsel Column 1 Item Column 2 Specified premises 13 The premises located at the southwest corner of Henderson and Bosse Roads in Tongala 14 The premises located at the end of Janette Street in Traralgon 15 The premises at which a mineral sands mine is situated on Elliotts Road in Kanagulk ". ═════════════ -- 14 of 15 -- Endnotes Victorian Energy Efficiency Target Amendment (Scheme Acquisition and Creation of Certificates) Regulations 2017 S.R. No. 71/2017 14 Authorised by the Chief Parliamentary Counsel Endnotes 1 Reg. 4: S.R. No. 158/2008. Reprint No. 2 as at 12 May 2016. Reprinted to S.R. No. 16/2016. Subsequently amended by S.R. No. 147/2016. -- 15 of 15 --