Victorian Renewable Energy Amendment Act 2009

i Victorian Renewable Energy Amendment Act 2009 No. 67 of 2009 TABLE OF PROVISIONS Section Page 1 Purpose 1 2 Commencement 1 3 Principal Act 2 4 Application for provisional accreditation 2 5 Application for accreditation 2 6 Period of generation of electricity for certificates 2 7 New section 27 substituted 2 27 When certificates may be created 2 8 When a certificate may be created—small generation units 3 9 No certificates can be created on or after 1 February 2010 3 10 Prohibition of renewable energy certificate shortfall 4 11 New Table inserted in section 66 4 12 Review of operation of the Act 4 13 Substitution of Part 14 4 PART 14—TRANSITIONAL 4 115 Undertakings given before commencement of Victorian Renewable Energy Amendment Act 2009 4 14 Undertakings given by registered person applicants 5 15 Undertakings given by accredited power station applicants 6 16 Repeal of Act 7 ═══════════════ ENDNOTES 8 -- 1 of 9 -- 1 Victorian Renewable Energy Amendment Act 2009 † No. 67 of 2009 [Assented to 17 November 2009] The Parliament of Victoria enacts: 1 Purpose The main purpose of this Act is to amend the Victorian Renewable Energy Act 2006 as a result of the expansion of the Commonwealth renewable energy target scheme under the Renewable Energy (Electricity) Act 2000 of the Commonwealth. 2 Commencement This Act comes into operation on a day or days to be proclaimed. Victoria -- 2 of 9 -- Victorian Renewable Energy Amendment Act 2009 No. 67 of 2009 2 3 Principal Act In this Act the Victorian Renewable Energy Act 2006 is called the Principal Act. 4 Application for provisional accreditation After section 12(4) of the Principal Act insert— "(5) No application can be made under this section on or after the commencement of section 4 of the Victorian Renewable Energy Amendment Act 2009.". 5 Application for accreditation After section 15(2) of the Principal Act insert— "(3) No application can be made under this section on or after the commencement of section 5 of the Victorian Renewable Energy Amendment Act 2009.". 6 Period of generation of electricity for certificates For section 26(1)(b) of the Principal Act substitute— "(b) until 31 January 2010.". 7 New section 27 substituted For section 27 of the Principal Act substitute— "27 When certificates may be created (1) A certificate may be created— (a) in the case of electricity generated before 1 January 2009—at any time after the generation of the final part of s. 3 See: Act No. 72/2006 and amending Act Nos 28/2007 and 23/2009. LawToday: www. legislation. vic.gov.au -- 3 of 9 -- Victorian Renewable Energy Amendment Act 2009 No. 67 of 2009 3 the electricity in relation to which it is created and before the end of the year after the year of generation; (b) in the case of electricity generated on or after 1 January 2009—at any time after the generation of the final part of the electricity in relation to which it is created and before 1 July 2010. (2) To avoid doubt, subsection (1)(b) applies to electricity generated on or after 1 January 2009 and before the day on which section 7 of the Victorian Renewable Energy Amendment Act 2009 comes into operation. Note For the offence related to the improper creation of certificates, see section 38.". 8 When a certificate may be created—small generation units For section 30(1) of the Principal Act substitute— "(1) Certificates may be created in relation to a small generation unit that is installed on or after 1 January 2007 and before 1 February 2010. (1A) A certificate referred to in subsection (1) may be created any time after the installation of the small generation unit but before 1 February 2010.". 9 No certificates can be created on or after 1 February 2010 In section 37 of the Principal Act— (a) in the heading to the section, for "1 January 2031" substitute "1 February 2010"; s. 8 -- 4 of 9 -- Victorian Renewable Energy Amendment Act 2009 No. 67 of 2009 4 (b) for "1 January 2031" substitute "1 February 2010". 10 Prohibition of renewable energy certificate shortfall In section 61(2) of the Principal Act, for "2031" substitute "2010". 11 New Table inserted in section 66 For the Table in section 66(1) of the Principal Act substitute— " Required GWh of electricity from eligible renewable energy sources Year Required GWh 2007 0 2008 193 2009 578 ". 12 Review of operation of the Act (1) In section 114(1) of the Principal Act, for "must" substitute "may". (2) Section 114(2) of the Principal Act is repealed. 13 Substitution of Part 14 For Part 14 of the Principal Act substitute— "PART 14—TRANSITIONAL 115 Undertakings given before commencement of Victorian Renewable Energy Amendment Act 2009 (1) An undertaking given to the ESC as required under section 9(2) before the commencement day has effect on and after the commencement day as if the undertaking were to the effect of clause 1 of the Schedule s. 10 -- 5 of 9 -- Victorian Renewable Energy Amendment Act 2009 No. 67 of 2009 5 as amended and in force on and after the commencement day. (2) An undertaking given to the ESC as required under section 9(3) before the commencement day has effect on and after the commencement day as if the undertaking were to the effect of clause 2 of the Schedule as amended and in force on and after the commencement day. (3) An undertaking given to the ESC as required under section 16(3) before the commencement day has effect on and after the commencement day as if the undertaking were to the effect of clause 3 of the Schedule as amended and in force on and after the commencement day. (4) An undertaking given to the ESC as required under section 16(4) before the commencement day has effect on and after the commencement day as if the undertaking were to the effect of clause 4 of the Schedule as amended and in force on and after the commencement day. (5) In this section commencement day means the day on which section 14 of the Victorian Renewable Energy Amendment Act 2009 comes into operation. __________________". 14 Undertakings given by registered person applicants (1) In clause 1(a) of the Schedule to the Principal Act— (a) after "Commonwealth certificate" insert ", before 1 February 2010,"; s. 14 -- 6 of 9 -- Victorian Renewable Energy Amendment Act 2009 No. 67 of 2009 6 (b) after "unit" (where first occurring) insert "installed before 1 February 2010". (2) In clause 1(b) of the Schedule to the Principal Act— (a) after "unit" (where first occurring) insert "installed before 1 February 2010"; (b) after "Commonwealth certificate" insert ", before 1 February 2010,". (3) In clause 2(c) of the Schedule to the Principal Act— (a) after "Commonwealth certificate" insert ", before 1 February 2010,"; (b) after "unit" (where first occurring) insert "installed before 1 February 2010". (4) In clause 2(d) of the Schedule to the Principal Act— (a) after "unit" (where first occurring) insert "installed before 1 February 2010"; (b) after "Commonwealth certificate" insert ", before 1 February 2010,". 15 Undertakings given by accredited power station applicants (1) In clause 3(a) of the Schedule to the Principal Act after "generated" insert "before 1 February 2010". (2) In clause 3(b) of the Schedule to the Principal Act after "generated" insert "before 1 February 2010". (3) In clause 4(e) of the Schedule to the Principal Act after "generated" insert "before 1 February 2010". (4) In clause 4(f) of the Schedule to the Principal Act after "generated" insert "before 1 February 2010". s. 15 -- 7 of 9 -- Victorian Renewable Energy Amendment Act 2009 No. 67 of 2009 7 16 Repeal of Act This Act is repealed on the first anniversary of the first day on which all of its provisions are in operation. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ s. 16 -- 8 of 9 -- Victorian Renewable Energy Amendment Act 2009 No. 67 of 2009 8 ENDNOTES † Minister's second reading speech— Legislative Assembly: 2 September 2009 Legislative Council: 17 September 2009 The long title for the Bill for this Act was "A Bill for an Act to amend the Victorian Renewable Energy Act 2006 as a result of the expansion of the Commonwealth renewable energy target scheme and for other purposes." Endnotes -- 9 of 9 --