Queensland Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


CLEAN ENERGY BILL 2008

          Queensland



Clean Energy Bill 2008

 


 

 

Queensland Clean Energy Bill 2008 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3 Main object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Part 2 Interpretation 4 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5 Who is the regulator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 6 Meaning of participating business . . . . . . . . . . . . . . . . . . . . . . . . 9 7 Meaning of energy use threshold . . . . . . . . . . . . . . . . . . . . . . . . . 9 Part 3 Energy use information 8 Energy provider must give regulator information about energy use .......................................... 10 9 Obligation to record total energy consumption . . . . . . . . . . . . . . . 10 Part 4 Smart Energy Savings Register 10 Smart Energy Savings Register . . . . . . . . . . . . . . . . . . . . . . . . . . 11 11 Registration of a person as participating business. . . . . . . . . . . . 12 12 Exemption from registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 13 Deregistration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 14 Change of information in register . . . . . . . . . . . . . . . . . . . . . . . . . 13 Part 5 Energy use audit 15 Participating business must carry out energy use audit . . . . . . . . 14 Part 6 Energy Savings Plan 16 Participating business must give regulator energy savings plan . 14 17 Participating business may change energy savings plan . . . . . . . 15 18 Review of energy savings plan . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 19 Publication of energy savings plan implementation . . . . . . . . . . . 16

 


 

Clean Energy Bill 2008 Contents Part 7 Offences relating to documents and information 20 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . 17 21 False or misleading document . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 22 Offence of improper disclosure of information . . . . . . . . . . . . . . . 18 Part 8 Evidence and legal proceedings Division 1 Application 23 Application of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Division 2 Evidentiary aids 24 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 25 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Division 3 Offence proceedings 26 Summary proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . 19 27 Executive officers must ensure corporation complies with Act. . . 20 Part 9 Appeal and review of decisions Division 1 Internal review 28 Application for internal review. . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 29 How to apply for internal review . . . . . . . . . . . . . . . . . . . . . . . . . . 21 30 Review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Division 2 Appeals 31 Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 32 Starting an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 33 Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 34 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 35 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Part 10 Miscellaneous 36 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 37 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 38 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Part 11 Amendment of Coal Mining Safety and Health Act 1999 39 Act amended in pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 40 Amendment of s 10 (Meaning of on-site activities) . . . . . . . . . . . 25 41 Insertion of new s 52A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 52A Notice about underground gasification activities . . . . 25 42 Amendment of s 128 (Functions of inspectors and inspection officers ....................................... 26 43 Amendment of s 129D (Functions of authorised officers) . . . . . . 26 Page 2

 


 

Clean Energy Bill 2008 Contents 44 Amendment of s 139 (General powers after entering coal mine or other places) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 45 Amendment of pt 11, div 1, hdg (Notification of accidents, incidents and inspections) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 46 Amendment of s 198 (Notice of accidents, incidents, deaths or diseases) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 47 Insertion of new s 198A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 198A Requirement to give primary information . . . . . . . . . . 29 48 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 31 Part 12 Amendment of Electricity Act 1994 49 Act amended in pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 50 Amendment of s 20Q (Exemptions for Queensland Rail). . . . . . . 31 51 Amendment of s 23 (Customers and their types). . . . . . . . . . . . . 32 52 Insertion of new s 44A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 44A Additional condition to allow credit for electricity produced by photovoltaic generators . . . . . . . . . . . . . 32 53 Insertion of new s 55DB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 55DB Additional condition about electricity produced by small photovoltaic generators. . . . . . . . . . . . . . . . . . . 33 54 Amendment of s 55G (Restriction on Ergon Energy and its subsidiaries) ................................... 35 55 Insertion of new s 61B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 61B Additional condition for electricity produced by photovoltaic generators . . . . . . . . . . . . . . . . . . . . . . . 35 56 Amendment of s 91C (Definitions for div 3) . . . . . . . . . . . . . . . . . 35 57 Amendment of s 91G (Total benchmark retail cost) . . . . . . . . . . . 35 58 Amendment of s 92 (Cost of energy) . . . . . . . . . . . . . . . . . . . . . . 36 59 Amendment of s 95 (Fixing of future principles for benchmark retail cost element) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 60 Amendment of s 120ZM (Compliance with particular requirements under Fair Trading Act 1989, s 61 door-to-door contracts) ..................................... 36 61 Amendment of s 132 (Grounds for disciplinary action) . . . . . . . . 36 62 Amendment of ch 5A, hdg (13% gas scheme). . . . . . . . . . . . . . . 37 63 Amendment of s 135AK (Other definitions for ch 5A). . . . . . . . . . 37 64 Amendment of s 135CM (Annual QUFs) . . . . . . . . . . . . . . . . . . . 37 65 Amendment of s 135CP (Power stations connected to national grid within same transmission zone) . . . . . . . . . . . . . . . . . . . . . . 38 66 Amendment of s 135D (Information notice about decision) . . . . . 38 Page 3

 


 

Clean Energy Bill 2008 Contents 67 Insertion of new s 135ELA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 135ELA Definition for pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 68 Amendment of s 135EP (Liability) . . . . . . . . . . . . . . . . . . . . . . . . 39 69 Amendment of s 135EQ (How and when liability must be met) . . 39 70 Amendment of s 135ET (How and when liability must be met) . . 39 71 Amendment of s 135F (Amount of civil penalty). . . . . . . . . . . . . . 40 72 Amendment of s 135FO (Credit to future 13% liability for over surrender) ..................................... 40 73 Amendment of sch 1 (Appeals against administrative decisions) 41 74 Amendment of sch 5 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 41 Part 13 Amendment of Mineral Resources Act 1989 75 Act amended in pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 76 Amendment of s 6 (Meaning of mineral) . . . . . . . . . . . . . . . . . . . 42 77 Replacement of ss 11 and 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 11 Mining districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 78 Amendment of s 13 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . 43 79 Amendment of s 24 (Grant of prospecting permit) . . . . . . . . . . . . 43 80 Insertion of new s 24A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 24A Content of prospecting permit . . . . . . . . . . . . . . . . . . 44 81 Amendment of s 93D (Renewal of claim must be in name of last recorded assignee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 82 Amendment of s 127 (Land subject to exploration permit) . . . . . . 44 83 Amendment of s 133 (Application for exploration permit). . . . . . . 45 84 Insertion of new s 133A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 133A Minister may request other information . . . . . . . . . . . 45 85 Omission of s 136 (Upon rejection of application, application fee or part may be retained) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 86 Amendment of s 137 (Grant of exploration permit) . . . . . . . . . . . 46 87 Insertion of new s 137A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 137A Content of exploration permit . . . . . . . . . . . . . . . . . . . 47 88 Amendment of s 141 (Conditions of exploration permit) . . . . . . . 48 89 Amendment of s 147 (Application for renewal of exploration permit) ....................................... 48 90 Insertion of new s 147AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 147AA Minister may request other information . . . . . . . . . . . 49 91 Amendment of s 181 (Obligations and entitlement under mineral development licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Page 4

 


 

Clean Energy Bill 2008 Contents 92 Amendment of s 186 (Minister may grant or reject application for mineral development licence) . . . . . . . . . . . . . . . . . . . . . . . . . 50 93 Insertion of new s 186A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 186A Content of mineral development licence . . . . . . . . . . 50 94 Amendment of s 208 (Adding other minerals to licence) . . . . . . . 50 95 Amendment of s 232 (Land subject to mining lease) . . . . . . . . . . 51 96 Amendment of s 286 (Application for renewal of mining lease) . . 51 97 Insertion of new s 286AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 286AA Mining registrar may request other information . . . . . 52 98 Amendment of s 318BK (Application of sdiv 8) . . . . . . . . . . . . . . 53 99 Amendment of s 342 (Powers of mining registrars and others) . . 53 100 Insertion of new s 344 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 344 Access to abandoned mine . . . . . . . . . . . . . . . . . . . . 53 101 Amendment of s 391 (Restriction on grants etc.) . . . . . . . . . . . . . 54 102 Replacement of s 398 (Delegation by Minister) . . . . . . . . . . . . . . 55 398 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 103 Amendment of s 411 (Indemnity against liability). . . . . . . . . . . . . 55 104 Amendment of s 420 (Exclusion of certain agreed acts from pts 13 to 17) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 105 Insertion of new pt 19, div 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Division 10 Transitional provision for Clean Energy Act 2008 767 Continuation of regulation under s 391 . . . . . . . . . . . 56 106 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 56 Part 14 Amendment of Mining and Quarrying Safety and Health Act 1999 107 Act amended in pt 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 108 Amendment of s 10 (Meaning of operations) . . . . . . . . . . . . . . . . 57 109 Insertion of new s 47A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 47A Notice about underground gasification activities . . . . 57 110 Amendment of s 125 (Functions of inspectors and inspection officers) ....................................... 58 111 Amendment of s 126D (Functions of authorised officers) . . . . . . 58 112 Amendment of s 136 (General powers after entering mine or other places). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 113 Amendment of pt 11, div 1, hdg (Notification of accidents, incidents and inspections) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Page 5

 


 

Clean Energy Bill 2008 Contents 114 Amendment of s 195 (Notice of accidents, incidents, deaths and diseases) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 115 Insertion of new s 195A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 195A Requirement to give primary information . . . . . . . . . . 61 116 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 63 Part 15 Amendment of Petroleum and Gas (Production and Safety) Act 2004 117 Act amended in pt 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 118 Amendment of s 10 (Meaning of petroleum) . . . . . . . . . . . . . . . . 64 119 Amendment of s 12 (What is a prescribed storage gas) . . . . . . . 64 120 Amendment of s 256 (Lodging report) . . . . . . . . . . . . . . . . . . . . . 64 121 Amendment of s 331 (Application of div 2). . . . . . . . . . . . . . . . . . 64 122 Amendment of s 670 (What is an operating plant) . . . . . . . . . . . . 64 123 Insertion of new s 815 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 815 Fuel gas suppliers must not use other supplier's containers ............................ 65 124 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 65 Part 16 Amendment of other Acts 125 Acts amended in sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Schedule 1 Minor amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Amendment of Electricity Act 1994 . . . . . . . . . . . . . . . . . . . . . . . 67 Amendment of Petroleum Act 1923 . . . . . . . . . . . . . . . . . . . . . . . 73 Amendment of Petroleum and Gas (Production and Safety) Act 2004 ......................................... 73 Schedule 2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Page 6

 


 

2008 A Bill for An Act to improve the efficiency and management of energy use, and the conservation of energy, by particular businesses and other activities, and to amend the Coal Mining Safety and Health Act 1999, the Electricity Act 1994, the Mineral Resources Act 1989, the Mining and Quarrying Safety and Health Act 1999, the Petroleum Act 1923 and the Petroleum and Gas (Production and Safety) Act 2004 for particular purposes

 


 

Clean Energy Bill 2008 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 1 Short title 3 This Act may be cited as the Clean Energy Act 2008. 4 2 Commencement 5 The provisions of the Act, other than the following provisions, 6 commence on a day to be fixed by proclamation-- 7 (a) part 11, other than sections 40, 41 and 48; 8 (b) part 14, other than sections 108, 109 and 116. 9 3 Main object 10 The main object of this Act is to improve the efficiency and 11 management of the use of energy, and the conservation of 12 energy, in relation to particular businesses and other activities. 13 Part 2 Interpretation 14 4 Definitions 15 The dictionary in schedule 2 defines particular words used in 16 this Act. 17 5 Who is the regulator 18 The regulator is the chief executive. 19 Page 8

 


 

Clean Energy Bill 2008 Part 2 Interpretation [s 6] 6 Meaning of participating business 1 (1) A participating business is a person-- 2 (a) who operates a business or carries out another activity at 3 a site that used 10 terajoules or more of energy, but less 4 than 500 terajoules of energy, in the most recently 5 completed baseline year for the person; and 6 (b) who is not registered, and is not required to be 7 registered, under the Energy Efficiency Opportunities 8 Act 2006 (Cwlth), part 4. 9 (2) If the person is a participating business for 2 or more sites, a 10 provision of this Act that applies to a participating business 11 applies to the person separately in relation to each site for 12 which the person is a participating business. 13 (3) A government entity within the meaning of the Government 14 Owned Corporations Act 1993, section 5, other than a GOC 15 issued with a generation authority under the Electricity Act 16 1994, is not a participating business. 17 7 Meaning of energy use threshold 18 (1) An energy use threshold, for a financial year, is the total 19 amount of energy used by a person's business or other activity 20 at a site in the financial year, if the amount used is 10 21 terajoules or more, but less than 500 terajoules. 22 (2) An energy use threshold for a financial year is a level 1 23 threshold if the total amount of energy used in the financial 24 year is 100 terajoules or more, but less than 500 terajoules. 25 (3) An energy use threshold for a financial year is a level 2 26 threshold if the total amount of energy used in the financial 27 year is 30 terajoules or more, but less than 100 terajoules. 28 (4) An energy use threshold for a financial year is a level 3 29 threshold if the total amount of energy used in the financial 30 year is 10 terajoules or more, but less than 30 terajoules. 31 Page 9

 


 

Clean Energy Bill 2008 Part 3 Energy use information [s 8] Part 3 Energy use information 1 8 Energy provider must give regulator information about 2 energy use 3 (1) An energy provider must give the regulator, within 2 months 4 after the end of a financial year, the name and address of any 5 customer the energy provider has supplied with 10 terajoules 6 or more of energy, but less than 500 terajoules of energy, at 7 the site of the customer, in the financial year. 8 Maximum penalty--200 penalty units. 9 (2) An energy provider does not commit an offence under 10 subsection (1) if compliance with the provision would be 11 unlawful under another law of the State or a law of the 12 Commonwealth. 13 (3) In this section-- 14 energy provider means any of the following entities if the 15 regulator has given the entity written notice that this section 16 applies to the entity-- 17 (a) the holder of a distribution authority, generation 18 authority or retail authority under the Electricity Act 19 1994; 20 (b) a special approval holder under the Electricity Act 1994; 21 (c) the holder of a distribution authority or retail authority 22 under the Gas Supply Act 2003; 23 (d) the holder of a pipeline licence under the Petroleum and 24 Gas (Production and Safety) Act 2004. 25 9 Obligation to record total energy consumption 26 (1) If the regulator decides on reasonable grounds that a person is 27 or may be a participating business, the regulator may give the 28 person a written notice requiring the person to give the 29 regulator sufficient information to establish the total amount 30 of energy used by the person in the financial year (the 31 baseline year) stated in the notice. 32 Page 10

 


 

Clean Energy Bill 2008 Part 4 Smart Energy Savings Register [s 10] Note-- 1 A written notice would be likely to be given under subsection (1) 2 approximately every 5 years to ensure that a participating business has a 3 current energy savings plan under section 16. 4 (2) The person must give the regulator the information within 2 5 months after the end of the baseline year, or 2 months after 6 receiving the notice, whichever is later. 7 Maximum penalty--200 penalty units. 8 (3) The regulator must give the person an information notice for 9 the decision of the regulator that the person is or may be a 10 participating business. 11 Part 4 Smart Energy Savings Register 12 10 Smart Energy Savings Register 13 (1) The regulator must keep a register (the Smart Energy Savings 14 Register) of each participating business that may be registered 15 under subsection (2). 16 (2) A participating business may be registered if-- 17 (a) the regulator has given the participating business a 18 notice under section 9(1); and 19 (b) the participating business has an energy use threshold 20 that is-- 21 (i) for a baseline year ending on or after 30 June 22 2010--a level 1 threshold; or 23 (ii) for a baseline year ending on or after 30 June 24 2011--a level 2 threshold; or 25 (iii) for a baseline year ending on or after 30 June 26 2015--a level 3 threshold. 27 (3) The register must include the following information-- 28 (a) the name of the participating business; 29 Page 11

 


 

Clean Energy Bill 2008 Part 4 Smart Energy Savings Register [s 11] (b) the address of the principal place of business of the 1 participating business; 2 (c) if the participating business is a corporation, the address 3 of the corporation's registered office; 4 (d) the energy use threshold of the participating business for 5 its most recently completed baseline year. 6 11 Registration of a person as participating business 7 (1) A participating business that may be registered under section 8 10(2) must apply to the regulator for registration. 9 Maximum penalty--100 penalty units. 10 (2) The application must be made within 3 months after the end 11 of each baseline year for the participating business. 12 (3) The application must be in writing and include the 13 information mentioned in section 10(3). 14 12 Exemption from registration 15 (1) A participating business may apply to the regulator for an 16 exemption from registration under section 10 if the 17 participating business does not ordinarily have an energy use 18 threshold in a financial year. 19 (2) The application must be in writing and include the following 20 information-- 21 (a) the total amount of energy used by the participating 22 business in the most recently completed financial year; 23 (b) the total amount of energy expected to be used by the 24 participating business in the current financial year and 25 each of the following 2 financial years; 26 (c) the reason that the participating business does not 27 ordinarily have an energy use threshold for a financial 28 year. 29 (3) The application must be made within 3 months after the end 30 of the baseline year for the participating business. 31 Page 12

 


 

Clean Energy Bill 2008 Part 4 Smart Energy Savings Register [s 13] (4) The regulator may exempt the person from registration if the 1 regulator is satisfied the participating business does not 2 ordinarily have an energy use threshold for a financial year. 3 (5) If the regulator decides to refuse the application, the regulator 4 must give the participating business an information notice for 5 the decision. 6 13 Deregistration 7 (1) A participating business may apply to the regulator for 8 deregistration as a participating business. 9 (2) The application must be in writing and include the following 10 information-- 11 (a) the total amount of energy used by the participating 12 business in the most recently completed financial year; 13 (b) the total amount of energy expected to be used by the 14 participating business in the current financial year and 15 each of the following 2 financial years; 16 (c) the reason that the participating business is seeking to be 17 deregistered. 18 (3) The regulator must deregister the participating business if the 19 regulator is satisfied-- 20 (a) the participating business will not have an energy use 21 threshold in the current financial year or either of the 22 following 2 financial years; or 23 (b) the participating business is registered, or is required to 24 be registered, under the Energy Efficiency Opportunities 25 Act 2006 (Cwlth), part 4. 26 (4) If the regulator decides to refuse the application, the regulator 27 must give the person an information notice for the decision. 28 14 Change of information in register 29 A participating business must, within 14 days of any change 30 to the information contained in the Smart Energy Savings 31 Page 13

 


 

Clean Energy Bill 2008 Part 5 Energy use audit [s 15] Register under section 10(3) about the participating business, 1 give the regulator written notice about the change. 2 Maximum penalty--20 penalty units. 3 Part 5 Energy use audit 4 15 Participating business must carry out energy use audit 5 (1) A registered participating business must carry out an energy 6 audit within 12 months after the end of each baseline year for 7 the participating business. 8 Maximum penalty--100 penalty units. 9 Note-- 10 Given the length of an energy savings plan under section 16, a baseline 11 year could be expected to be established approximately every 5 years 12 under section 9. 13 (2) In this section-- 14 energy audit means an energy audit prescribed under a 15 regulation, and if no energy audit is prescribed, an energy 16 audit that complies with a level 2 energy audit under AS/NZS 17 3598:2000 (Energy Audits). 18 Part 6 Energy Savings Plan 19 16 Participating business must give regulator energy 20 savings plan 21 (1) A registered participating business must give the regulator a 22 plan (an energy savings plan) that complies with subsections 23 (2) and (3), within 12 months after the end of each baseline 24 year for the participating business. 25 Page 14

 


 

Clean Energy Bill 2008 Part 6 Energy Savings Plan [s 17] Maximum penalty--200 penalty units. 1 (2) The plan must be for a period that-- 2 (a) starts on the day the plan is given to the regulator; and 3 (b) ends on the day that is 5 years after the end of the 4 baseline year. 5 (3) The plan must-- 6 (a) be in the approved form; and 7 (b) include a copy of a report about the energy audit carried 8 out by the participating business under section 15(1); 9 and 10 (c) set out the measures the participating business intends to 11 implement from the energy audit that are of the 12 following type-- 13 (i) efficiency measures; 14 (ii) conservation measures; 15 (iii) management measures; and 16 (d) state how the participating business intends to 17 implement the measures. 18 17 Participating business may change energy savings plan 19 (1) A participating business may change an energy savings plan 20 of the participating business to the extent that it relates to a 21 matter mentioned in section 16(3)(c) or (d). 22 (2) The participating business must, within 14 days of the change, 23 give the regulator written notice setting out the change. 24 Maximum penalty--20 penalty units. 25 18 Review of energy savings plan 26 (1) This section applies if a participating business gives an energy 27 savings plan to the regulator under section 16. 28 Page 15

 


 

Clean Energy Bill 2008 Part 6 Energy Savings Plan [s 19] (2) The participating business must give the regulator a report, in 1 the third financial year in the 5 year period of the plan, stating 2 how the plan has been implemented by the participating 3 business and the results of the implementation. 4 Maximum penalty--100 penalty units. 5 (3) In this section-- 6 5 year period, of an energy savings plan, means the period of 7 5 years starting from the end of the most recent baseline year 8 to which the plan relates. 9 19 Publication of energy savings plan implementation 10 (1) Within 28 days after a participating business gives the 11 regulator an energy savings plan under section 16, the 12 participating business must publish information, in the way 13 stated in subsection (3), about the measures the participating 14 business intends to implement under the plan that are of the 15 following type-- 16 (a) efficiency measures; 17 (b) conservation measures; 18 (c) management measures. 19 Maximum penalty--20 penalty units. 20 (2) Within 28 days of the start of the second and each subsequent 21 financial year in the 5 year period of the plan, the participating 22 business must publish information, in the way stated in 23 subsection (3), about the implementation, and the results of 24 implementation, of the measures mentioned in subsection (1). 25 Maximum penalty--20 penalty units. 26 (3) Information under subsections (1) and (2) must be published 27 in a way that is readily accessible to the public. 28 Examples of how information may be published-- 29 · publishing on a website 30 · publishing in a local newspaper 31 Page 16

 


 

Clean Energy Bill 2008 Part 7 Offences relating to documents and information [s 20] (4) The participating business must, within 28 days after it 1 complies with subsection (1) or (2)-- 2 (a) advise the regulator by written notice that the 3 participating business has complied with the subsection; 4 and 5 (b) give the regulator proof of compliance. 6 Maximum penalty--20 penalty units. 7 Example of how a participating business may prove compliance-- 8 give the regulator a website address or a newspaper article 9 (5) In this section-- 10 5 year period, of an energy savings plan, means the period of 11 5 years starting from the end of the most recent baseline year 12 to which the plan relates. 13 Part 7 Offences relating to documents 14 and information 15 20 False or misleading information 16 (1) A person must not state anything to the regulator that the 17 person knows is false or misleading in a material particular. 18 Maximum penalty--100 penalty units. 19 (2) It is enough for a complaint for an offence against subsection 20 (1) to state the statement made was `false or misleading' to the 21 person's knowledge, without specifying which. 22 21 False or misleading document 23 (1) A person must not give to the regulator a document containing 24 information the person knows is false or misleading in a 25 material particular. 26 Maximum penalty--100 penalty units. 27 Page 17

 


 

Clean Energy Bill 2008 Part 7 Offences relating to documents and information [s 22] (2) Subsection (1) does not apply to a person who, when giving 1 the document-- 2 (a) informs the regulator, to the best of the person's ability, 3 how it is false or misleading; and 4 (b) gives the correct information to the regulator if the 5 person has, or can reasonably obtain, the correct 6 information. 7 (3) It is enough for a complaint for an offence against subsection 8 (1) to state the document made was `false or misleading' to 9 the person's knowledge, without specifying which. 10 22 Offence of improper disclosure of information 11 (1) A person who, directly or indirectly, discloses information 12 obtained in the administration of this Act commits an offence, 13 unless the disclosure is-- 14 (a) made in connection with the administration of this Act; 15 or 16 (b) made with the consent of the person to whom the 17 information relates; or 18 (c) ordered by a court in relation to proceedings before it; or 19 (d) made with other lawful excuse. 20 Maximum penalty--100 penalty units. 21 (2) In this section-- 22 court includes a tribunal, authority or person having power to 23 require the production of documents or the answering of 24 questions. 25 Page 18

 


 

Clean Energy Bill 2008 Part 8 Evidence and legal proceedings [s 23] Part 8 Evidence and legal 1 proceedings 2 Division 1 Application 3 23 Application of part 4 This part applies to a legal proceeding under this Act. 5 Division 2 Evidentiary aids 6 24 Appointments and authority 7 The following must be presumed unless a party to the 8 proceeding, by reasonable notice, requires proof of it-- 9 (a) the regulator's appointment; 10 (b) the authority of the Minister or the regulator to do 11 anything under this Act. 12 25 Signatures 13 A signature purporting to be the signature of the Minister or 14 the regulator is evidence of the signature it purports to be. 15 Division 3 Offence proceedings 16 26 Summary proceedings for offences 17 (1) Proceedings for an offence against this Act are to be taken in a 18 summary way under the Justices Act 1886. 19 (2) A proceeding for an offence against this Act must start-- 20 (a) within 1 year after the commission of the offence; or 21 Page 19

 


 

Clean Energy Bill 2008 Part 8 Evidence and legal proceedings [s 27] (b) within 1 year after the offence comes to the 1 complainant's knowledge, but within 2 years after the 2 commission of the offence. 3 27 Executive officers must ensure corporation complies 4 with Act 5 (1) The executive officers of a corporation must ensure the 6 corporation complies with this Act. 7 (2) If a corporation commits an offence against a provision of this 8 Act, each of the corporation's executive officers also commits 9 an offence, namely, the offence of failing to ensure the 10 corporation complies with the provision. 11 Maximum penalty--the penalty for the contravention of the 12 provision by an individual. 13 (3) Evidence the corporation has been convicted of an offence 14 against a provision of this Act is evidence that each of the 15 executive officers committed the offence of failing to ensure 16 the corporation complies with the provision. 17 (4) However, it is a defence for an executive officer to prove-- 18 (a) if the officer was in a position to influence the conduct 19 of the corporation in relation to the offence--the officer 20 exercised reasonable diligence to ensure the corporation 21 complied with the provision; or 22 (b) the officer was not in a position to influence the conduct 23 of the corporation in relation to the offence. 24 (5) In this section-- 25 executive officer, of a corporation, means any person, by 26 whatever name called and whether or not the person is a 27 director of the corporation, who is concerned, or takes part, in 28 the management of the corporation. 29 Page 20

 


 

Clean Energy Bill 2008 Part 9 Appeal and review of decisions [s 28] Part 9 Appeal and review of decisions 1 Division 1 Internal review 2 28 Application for internal review 3 A person who is given, or is entitled to be given, an 4 information notice about a decision of the regulator under this 5 Act, may apply for an internal review of the decision. 6 29 How to apply for internal review 7 (1) An application for internal review of a decision must be-- 8 (a) made-- 9 (i) in the approved form; and 10 (ii) to the Minister; and 11 (b) supported by enough information to enable the Minister 12 to decide the application. 13 (2) The application must be made within 20 business days after-- 14 (a) the day the person is given the information notice about 15 the decision; or 16 (b) if paragraph (a) does not apply--the day the person 17 otherwise becomes aware of the decision. 18 30 Review decision 19 (1) The Minister must, within 30 business days after receiving the 20 application-- 21 (a) review the decision (the original decision); and 22 (b) make a decision (the review decision) to-- 23 (i) confirm the original decision; or 24 (ii) amend the original decision; or 25 Page 21

 


 

Clean Energy Bill 2008 Part 9 Appeal and review of decisions [s 31] (iii) substitute another decision for the original 1 decision; and 2 (c) give the applicant notice (the review notice) of the 3 review decision. 4 (2) If the review decision is not the decision sought by the 5 applicant, the review notice must also state the reasons for the 6 review decision. 7 (3) If the Minister does not comply with subsection (1), the 8 Minister is taken to have made a decision confirming the 9 original decision. 10 Division 2 Appeals 11 31 Who may appeal 12 A person who has applied for a review of a decision under 13 division 1 and is dissatisfied with the decision (the dissatisfied 14 person) may appeal to a Magistrates Court against the 15 decision. 16 32 Starting an appeal 17 (1) An appeal is started by-- 18 (a) filing a notice of appeal with the clerk of the Magistrates 19 Court; and 20 (b) giving a copy of the notice to the regulator; and 21 (c) complying with the rules of court applicable to the 22 appeal. 23 (2) The notice must be filed within 28 days after-- 24 (a) the dissatisfied person receives notice of the decision 25 appealed against; or 26 (b) the day the Minister is taken to have made the decision 27 confirming the decision appealed against under section 28 30(3). 29 Page 22

 


 

Clean Energy Bill 2008 Part 9 Appeal and review of decisions [s 33] (3) However, the court may at any time extend the period for 1 filing the notice of appeal. 2 (4) The notice of appeal must state fully the grounds of the appeal 3 and the facts relied on. 4 33 Stay of operation of decisions 5 (1) The Magistrates Court may stay a decision appealed against to 6 secure the effectiveness of the appeal. 7 (2) A stay-- 8 (a) may be given on conditions the court considers 9 appropriate; and 10 (b) has effect for the period fixed by the court; and 11 (c) may be amended or revoked by the court. 12 (3) The period of a stay must not extend past the time when the 13 court decides the appeal. 14 (4) The appeal affects the decision, or the carrying out of the 15 decision, only if the decision is stayed. 16 34 Hearing procedures 17 (1) In deciding an appeal, the Magistrates Court-- 18 (a) is not bound by the rules of evidence; and 19 (b) must comply with natural justice. 20 (2) An appeal is by way of rehearing, unaffected by the decision 21 appealed against. 22 35 Powers of court on appeal 23 (1) In deciding an appeal, the Magistrates Court may-- 24 (a) confirm the decision appealed against; or 25 (b) vary the decision; or 26 (c) set aside the decision and substitute another decision; or 27 Page 23

 


 

Clean Energy Bill 2008 Part 10 Miscellaneous [s 36] (d) set aside the decision and return the matter to the 1 regulator with directions the court considers 2 appropriate. 3 (2) The decision as varied may be any decision the regulator may 4 make. 5 (3) If the court substitutes another decision, the substituted 6 decision is, for the purposes of this Act, other than this part, 7 taken to be the decision of the regulator. 8 (4) The court may make an order for costs it considers 9 appropriate. 10 Part 10 Miscellaneous 11 36 Delegations 12 (1) The Minister or the regulator may delegate his or her 13 functions under this Act to an appropriately qualified officer 14 or employee of the department. 15 (2) In this section-- 16 appropriately qualified includes having the qualifications, 17 experience or standing appropriate to perform the function. 18 Example of standing for an employee of the department-- 19 the employee's classification level in the department 20 functions includes powers. 21 37 Approval of forms 22 The regulator may approve forms for use under this Act. 23 38 Regulation-making power 24 (1) The Governor in Council may make regulations under this 25 Act. 26 Page 24

 


 

Clean Energy Bill 2008 Part 11 Amendment of Coal Mining Safety and Health Act 1999 [s 39] (2) A regulation may provide for a maximum penalty of 20 1 penalty units for a contravention of the regulation. 2 Part 11 Amendment of Coal Mining 3 Safety and Health Act 1999 4 39 Act amended in pt 11 5 This part amends the Coal Mining Safety and Health Act 6 1999. 7 40 Amendment of s 10 (Meaning of on-site activities) 8 (1) Section 10(2)(f)-- 9 renumber as section 10(2)(g). 10 (2) Section 10(2)-- 11 insert-- 12 `(f) underground gasification activities on land the subject 13 of-- 14 (i) a mineral development licence or a mining lease 15 for activities relating to mineral (f); or 16 (ii) an exploration permit if the chief inspector has 17 made a declaration under section 52A;'. 18 41 Insertion of new s 52A 19 Part 4, division 1-- 20 insert-- 21 `52A Notice about underground gasification activities 22 `(1) This section applies if the site senior executive for a coal mine 23 gives the chief inspector notice that particular exploration 24 Page 25

 


 

Clean Energy Bill 2008 Part 11 Amendment of Coal Mining Safety and Health Act 1999 [s 42] activities at the coal mine under an exploration permit are 1 underground gasification activities. 2 `(2) The chief inspector may by notice declare the activities to be 3 underground gasification activities, with the agreement of the 4 chief inspector, petroleum and gas. 5 `(3) The chief inspector must give the site senior executive a copy 6 of the notice. 7 `(4) In this section-- 8 chief inspector, petroleum and gas means the chief inspector 9 under the Petroleum and Gas (Production and Safety) Act 10 2004.'. 11 42 Amendment of s 128 (Functions of inspectors and 12 inspection officers 13 (1) Section 128(i)-- 14 renumber as section 128(j). 15 (2) Section 128(h)-- 16 omit, insert-- 17 `(h) to investigate serious accidents and high potential 18 incidents at coal mines; 19 (i) to investigate matters at coal mines that affect the 20 successful management of risk to persons;'. 21 43 Amendment of s 129D (Functions of authorised officers) 22 (1) Section 129D(f)-- 23 renumber as section 129D(g). 24 (2) Section 129D(e)-- 25 omit, insert-- 26 `(e) to investigate serious accidents and high potential 27 incidents at coal mines; 28 Page 26

 


 

Clean Energy Bill 2008 Part 11 Amendment of Coal Mining Safety and Health Act 1999 [s 44] (f) to investigate matters at coal mines that affect the 1 successful management of risk to persons;'. 2 44 Amendment of s 139 (General powers after entering coal 3 mine or other places) 4 (1) Section 139(3), after `compliance with this Act,'-- 5 insert-- 6 `or for conducting an investigation under this Act,'. 7 (2) Section 139(3)(g), after `complied with'-- 8 insert-- 9 `, or for the purpose of conducting an investigation under this 10 Act'. 11 45 Amendment of pt 11, div 1, hdg (Notification of accidents, 12 incidents and inspections) 13 Part 11, division 1, heading, `of accidents, incidents'-- 14 omit, insert-- 15 `, information'. 16 46 Amendment of s 198 (Notice of accidents, incidents, 17 deaths or diseases) 18 Section 198(3)-- 19 omit, insert-- 20 `(3) The site senior executive must, as soon as possible after 21 becoming aware of the accident, incident or death, by notice 22 or orally notify an inspector and an industry safety and health 23 representative about the accident, incident or death in terms 24 that include the information (the primary information) stated 25 in subsection (3A). 26 Maximum penalty--40 penalty units. 27 `(3A) For subsection (3), the primary information is all of the 28 following-- 29 Page 27

 


 

Clean Energy Bill 2008 Part 11 Amendment of Coal Mining Safety and Health Act 1999 [s 46] (a) the precise location where the accident, incident or 1 death happened; 2 (b) when the accident, incident or death happened; 3 (c) the number of persons involved in the accident, incident 4 or death; 5 (d) if the notification is about a death, whether or not caused 6 by an accident--the name of the person who died; 7 (e) if the notification is about a serious accident or high 8 potential incident-- 9 (i) the name of any person who saw the accident or 10 incident, or who was present when the accident or 11 incident happened; and 12 (ii) the name of any person who was injured as a result 13 of the accident or incident; 14 (f) if no one was present when the person mentioned in 15 paragraph (d) died or the person mentioned in paragraph 16 (e)(ii) was injured--the name of the person who found 17 the deceased or injured person; 18 (g) a brief description of how the accident, incident or death 19 happened. 20 Examples of types of descriptions that may be given under 21 paragraph (g)-- 22 · `A light vehicle fell into the pit after the light vehicle collided 23 with a truck on a ramp leading into the pit.' 24 · `A worker fell from the top of a storage bin into the wash 25 plant.' 26 `(3B) If the site senior executive does not know the primary 27 information at the time the notification is made under 28 subsection (3), the site senior executive must-- 29 (a) take all reasonable steps to find out the primary 30 information as soon as possible; and 31 (b) as soon as possible after the primary information 32 becomes known to the site senior executive, give the 33 primary information to the inspector and representative. 34 Page 28

 


 

Clean Energy Bill 2008 Part 11 Amendment of Coal Mining Safety and Health Act 1999 [s 47] Maximum penalty--40 penalty units. 1 `(3C) It is not a defence in a proceeding under subsection (3) or (3B) 2 that the giving of the primary information might tend to 3 incriminate the site senior executive. 4 `(3D) The primary information is not admissible in evidence against 5 the site senior executive in any criminal proceeding. 6 `(3E) Subsection (3D) does not prevent the primary information 7 being admitted in evidence in criminal proceedings about the 8 falsity or misleading nature of the primary information.'. 9 47 Insertion of new s 198A 10 Part 11, division 1-- 11 insert-- 12 `198A Requirement to give primary information 13 `(1) For conducting an investigation into a serious accident, high 14 potential incident or death at a coal mine, an officer may 15 require a person to give the officer any of the following 16 information (primary information) about the accident, 17 incident or death---- 18 (a) the precise location where the accident, incident or 19 death happened; 20 (b) when the accident, incident or death happened; 21 (c) the number of persons involved in the accident, incident 22 or death; 23 (d) if the notification is about a death, whether or not caused 24 by an accident--the name of the person who died; 25 (e) if the notification is about a serious accident or high 26 potential incident-- 27 (i) the name of any person who saw the accident or 28 incident, or who was present when the accident or 29 incident happened; and 30 (ii) the name of any person who was injured as a result 31 of the accident or incident; 32 Page 29

 


 

Clean Energy Bill 2008 Part 11 Amendment of Coal Mining Safety and Health Act 1999 [s 47] (f) if no one was present when the person mentioned in 1 paragraph (d) died or the person mentioned in paragraph 2 (e)(ii) was injured--the name of the person who found 3 the deceased or injured person; 4 (g) a brief description of how the accident, incident or death 5 happened. 6 Examples of types of descriptions that may be given under 7 paragraph (g)-- 8 · `A light vehicle fell into the pit after the light vehicle collided 9 with a truck on a ramp leading into the pit.' 10 · `A worker fell from the top of a storage bin into the wash 11 plant.' 12 `(2) When making a requirement mentioned in subsection (1), the 13 officer must warn the person it is an offence to fail to comply 14 with the requirement. 15 `(3) A person required to give primary information under 16 subsection (1) must comply with the requirement. 17 Maximum penalty--40 penalty units. 18 `(4) If the officer requires the person to give the officer primary 19 information, it is not a defence in a proceeding under 20 subsection (3) that the giving of the primary information 21 might tend to incriminate the person, unless, in relation to an 22 accident or incident-- 23 (a) the person is an involved person; and 24 (b) the primary information is the information mentioned in 25 subsection (1)(g). 26 `(5) Primary information given under subsection (1) is not 27 admissible in evidence against the person in any criminal 28 proceeding. 29 `(6) Subsection (5) does not prevent the primary information being 30 admitted in evidence in criminal proceedings about the falsity 31 or misleading nature of the primary information. 32 `(7) In this section-- 33 involved person, for an accident or incident, means a person 34 who was directly involved in the accident or incident. 35 Page 30

 


 

Clean Energy Bill 2008 Part 12 Amendment of Electricity Act 1994 [s 48] Example of a person who is directly involved in an accident or incident-- 1 · a member of the crew of the deceased or injured person, who was 2 present at the accident or incident 3 · a person who was operating plant involved in the accident or 4 incident 5 officer means an inspector, inspection officer or an authorised 6 officer.'. 7 48 Amendment of sch 3 (Dictionary) 8 Schedule 3-- 9 insert-- 10 `mineral (f) see the Mineral Resources Act 1989, section 11 6(2)(f). 12 underground gasification activity means an activity relating 13 to-- 14 (a) the exploration for, and testing of, coal to be used for the 15 production of mineral (f); or 16 (b) the production, processing, refining, storage or 17 transportation of mineral (f).'. 18 Part 12 Amendment of Electricity Act 19 1994 20 49 Act amended in pt 12 21 This part amends the Electricity Act 1994. 22 50 Amendment of s 20Q (Exemptions for Queensland Rail) 23 Section 20Q(3), definition Brisbane Airport Rail Link, first 24 and second dot points-- 25 omit, insert-- 26 Page 31

 


 

Clean Energy Bill 2008 Part 12 Amendment of Electricity Act 1994 [s 51] `(a) starting at a point 0.313km from Queensland Rail's 1 north coast rail line (defined on the drawing as the 2 ownership transfer point); and 3 (b) finishing at the domestic terminal of Brisbane Airport.'. 4 51 Amendment of s 23 (Customers and their types) 5 Section 23(6), after `is a'-- 6 insert-- 7 `small'. 8 52 Insertion of new s 44A 9 After section 44-- 10 insert-- 11 `44A Additional condition to allow credit for electricity 12 produced by photovoltaic generators 13 `(1) It is also a condition of a distribution authority that the 14 distribution entity-- 15 (a) allow, as far as technically and economically 16 practicable, a small customer to connect a qualifying 17 generator to its supply network; and 18 (b) credit against the charges payable by the small 19 customer, for electricity supplied to the small customer 20 from the network in a relevant supply period, the 21 amount of $0.44 per kilowatt hour for electricity that is, 22 at any instant in the relevant supply period-- 23 (i) being produced by the qualifying generator; and 24 (ii) being supplied to the network; and 25 (iii) in excess of the amount of electricity being used by 26 the small customer; and 27 (c) give the regulator a report, within 28 days after 30 June 28 and 31 December each year, stating-- 29 Page 32

 


 

Clean Energy Bill 2008 Part 12 Amendment of Electricity Act 1994 [s 53] (i) the number of small customers who have 1 connected a qualifying generator to the network 2 under paragraph (a); and 3 (ii) the amount of electricity supplied to the network in 4 the previous 6 month period for which credit was 5 given under paragraph (b); and 6 (iii) the total generation capacity of all qualifying 7 generators connected to the network. 8 `(2) The regulator must review this section to decide whether its 9 provisions remain appropriate, after the first of the following 10 to happen-- 11 (a) the passing of 10 years after the commencement of this 12 section; 13 (b) qualifying generators with sufficient capacity to produce 14 a total of 8 megawatts or more of solar power are 15 connected to the supply networks of 1 or more 16 distribution entities under subsection (1)(a). 17 `(3) This section expires on 1 July 2028.'. 18 53 Insertion of new s 55DB 19 After section 55DA-- 20 insert-- 21 `55DB Additional condition about electricity produced by 22 small photovoltaic generators 23 `(1) It is also a condition of a retail authority that the retail entity 24 must-- 25 (a) reduce the amount payable by a small customer (the 26 amount due), for electricity supplied to the small 27 customer in a relevant supply period, by the amount of 28 any credit (owed credit) given by a distribution entity in 29 relation to the small customer for the relevant supply 30 period under section 44A(1)(b); and 31 (b) if the owed credit is more than the amount due for the 32 relevant supply period (the first period)-- 33 Page 33

 


 

Clean Energy Bill 2008 Part 12 Amendment of Electricity Act 1994 [s 53] (i) reduce the amount due for a subsequent relevant 1 supply period by the unused amount of the owed 2 credit; and 3 (ii) if, after the end of 12 months after the end of the 4 first period, an amount of the owed credit has not 5 been used under subparagraph (i)--pay the small 6 customer an amount representing the amount of 7 owed credit that has not been used; and 8 (c) give the small customer the following information for 9 each relevant supply period-- 10 (i) the amount of electricity supplied by the small 11 customer to the distribution entity's network for 12 which credit was given under section 44A(1)(b); 13 (ii) the amount to be credited to the small customer 14 under section 44A(1)(b); and 15 (d) give the regulator a report, within 28 days after 30 June 16 and 31 December each year, stating-- 17 (i) the number of small customers receiving credit 18 under section 44A(1)(b) in the previous 6 month 19 period; and 20 (ii) the amount credited to small customers under 21 section 44A(1)(b) in the previous 6 month period. 22 `(2) The regulator must review this section to decide whether its 23 provisions remain appropriate, after the first of the following 24 to happen-- 25 (a) the passing of 10 years after the commencement of this 26 section; 27 (b) qualifying generators with sufficient capacity to produce 28 a total of 8 megawatts or more of solar power are 29 connected to the supply networks of 1 or more 30 distribution entities under section 44A(1)(a). 31 `(3) This section expires on 1 July 2028.'. 32 Page 34

 


 

Clean Energy Bill 2008 Part 12 Amendment of Electricity Act 1994 [s 54] 54 Amendment of s 55G (Restriction on Ergon Energy and 1 its subsidiaries) 2 (1) Section 55G(2)-- 3 insert-- 4 `Maximum penalty--500 penalty units.'. 5 (2) Section 55G(3), penalty-- 6 omit. 7 55 Insertion of new s 61B 8 Chapter 2, part 7, after section 61A-- 9 insert-- 10 `61B Additional condition for electricity produced by 11 photovoltaic generators 12 `(1) This section applies to a special approval holder prescribed 13 under a regulation. 14 `(2) It is a condition of the special approval that the holder must 15 comply with-- 16 (a) if the holder is taken to be the holder of a distribution 17 authority under section 59(3)--section 44A; and 18 (b) if the holder is taken to be the holder of a retail authority 19 under section 59(3)--section 55DB.'. 20 56 Amendment of s 91C (Definitions for div 3) 21 Section 91C-- 22 insert-- 23 `fixed principle means a principle fixed under section 95(1).'. 24 57 Amendment of s 91G (Total benchmark retail cost) 25 Section 91G(1), `as c/kWh'-- 26 Page 35

 


 

Clean Energy Bill 2008 Part 12 Amendment of Electricity Act 1994 [s 58] omit, insert-- 1 `in cents per kilowatt hour'. 2 58 Amendment of s 92 (Cost of energy) 3 Section 92(2)(a), `13%'-- 4 omit, insert-- 5 `Queensland'. 6 59 Amendment of s 95 (Fixing of future principles for 7 benchmark retail cost element) 8 (1) Section 95, heading, `for benchmark retail cost element'-- 9 omit. 10 (2) Section 95(1), after `element'-- 11 insert-- 12 `and NEM load'. 13 (3) Section 95(1), note, `c/kWh'-- 14 omit, insert-- 15 `cents per kilowatt hour'. 16 60 Amendment of s 120ZM (Compliance with particular 17 requirements under Fair Trading Act 1989, s 61 18 door-to-door contracts) 19 Section 120ZM(4), `s 61(1)(h)(iii)'-- 20 omit, insert-- 21 `section 61(1)(h)(iii)'. 22 61 Amendment of s 132 (Grounds for disciplinary action) 23 Section 132(1)-- 24 insert-- 25 Page 36

 


 

Clean Energy Bill 2008 Part 12 Amendment of Electricity Act 1994 [s 62] `(f) for a retail entity--the entity has been suspended from 1 trading under the National Electricity Rules.'. 2 62 Amendment of ch 5A, hdg (13% gas scheme) 3 Chapter 5A, heading, `13%'-- 4 omit, insert-- 5 `Queensland'. 6 63 Amendment of s 135AK (Other definitions for ch 5A) 7 (1) Section 135AK, definition 13% liability-- 8 omit. 9 (2) Section 135AK-- 10 insert-- 11 `annual GEC liability see section 135EM(1).'. 12 (3) Section 135AK, definitions liable year and penalty imposition 13 day, `13%'-- 14 omit, insert-- 15 `annual GEC'. 16 64 Amendment of s 135CM (Annual QUFs) 17 (1) Section 135CM(2)-- 18 omit, insert-- 19 `(2) An estimated proportion is an annual QUF for the power 20 station.'. 21 (2) Section 135CM(3), `The'-- 22 omit, insert-- 23 `An'. 24 Page 37

 


 

Clean Energy Bill 2008 Part 12 Amendment of Electricity Act 1994 [s 65] 65 Amendment of s 135CP (Power stations connected to 1 national grid within same transmission zone) 2 (1) Section 135CP(1)-- 3 omit, insert-- 4 `(1) This section applies only in relation to the portion of a power 5 station's supply of electricity sent out directly or indirectly to 6 the national grid. 7 `(1A) The same annual QUF must be fixed for each power station 8 that sends out electricity into the same transmission grid or 9 supply network within the same transmission zone.'. 10 (2) Section 135CP(2)(b), `supplies'-- 11 omit, insert-- 12 `sends out'. 13 (3) Section 135CP(2)(c)-- 14 omit. 15 (4) Section 135CP(1A) to (5), as amended-- 16 renumber as 135CP(2) to (6). 17 66 Amendment of s 135D (Information notice about 18 decision) 19 Section 135D-- 20 insert-- 21 `(2) This section does not apply if the customer is NEMMCO.'. 22 67 Insertion of new s 135ELA 23 Chapter 5A, part 5, division 1, before section 135EM-- 24 insert-- 25 `135ELA Definition for pt 5 26 `In this part-- 27 the prescribed percentage means-- 28 Page 38

 


 

Clean Energy Bill 2008 Part 12 Amendment of Electricity Act 1994 [s 68] (a) for 2008 and 2009--13%; or 1 (b) for 2010--15%; or 2 (c) for any year after 2010--a percentage, not more than 3 18%, prescribed under a regulation.'. 4 68 Amendment of s 135EP (Liability) 5 (1) Section 135EP(1), `MWh'-- 6 omit, insert-- 7 `megawatt hours'. 8 (2) Section 135EP, `13%'-- 9 omit, insert-- 10 `the prescribed percentage'. 11 (3) Section 135EP(2), `MWhs'-- 12 omit, insert-- 13 `megawatt hours'. 14 69 Amendment of s 135EQ (How and when liability must be 15 met) 16 (1) Section 135EQ(1) and (3), `13% liability'-- 17 omit, insert-- 18 `annual GEC liability'. 19 (2) Section 135EQ(1), `13% of'-- 20 omit, insert-- 21 `the prescribed percentage of'. 22 70 Amendment of s 135ET (How and when liability must be 23 met) 24 (1) Section 135ET(1), `13%'-- 25 Page 39

 


 

Clean Energy Bill 2008 Part 12 Amendment of Electricity Act 1994 [s 71] omit, insert-- 1 `the prescribed percentage'. 2 (2) Section 135ET(3), `13%'-- 3 omit, insert-- 4 `annual GEC'. 5 71 Amendment of s 135F (Amount of civil penalty) 6 (1) Section 135F, formula, `(13% LL'-- 7 omit, insert-- 8 `(GEC LL'. 9 (2) Section 135F, definition 13%LL-- 10 omit, insert-- 11 `GEC LL is the prescribed percentage of the liable load, in 12 megawatt hours, for which the annual GEC liability was 13 imposed.'. 14 (3) Section 135F, definition GECs surrendered, `13% liability'-- 15 omit, insert-- 16 `annual GEC liability'. 17 72 Amendment of s 135FO (Credit to future 13% liability for 18 over surrender) 19 (1) Section 135FO, `13%'-- 20 omit, insert-- 21 `annual GEC'. 22 (2) Section 135FO(3)-- 23 omit. 24 Page 40

 


 

Clean Energy Bill 2008 Part 12 Amendment of Electricity Act 1994 [s 73] 73 Amendment of sch 1 (Appeals against administrative 1 decisions) 2 (1) Schedule 1, part 3, entry for sections 40A to 40D, note, 3 `sections 17 and 18'-- 4 omit, insert-- 5 `sections 18 and 19'. 6 (2) Schedule 1, part 3, entry for sections 48E to 48I, note, 7 `sections 17 and 18'-- 8 omit, insert-- 9 `sections 18 and 19'. 10 74 Amendment of sch 5 (Dictionary) 11 (1) Schedule 5, definitions 13% liability and approved industry 12 code-- 13 omit. 14 (2) Schedule 5-- 15 insert-- 16 `annual GEC liability see section 135EM(1). 17 prescribed percentage, for chapter 5A, part 5, see section 18 135ELA. 19 qualifying generator means a small photovoltaic generator 20 that-- 21 (a) is installed at the premises of a small customer in a way 22 that allows electricity generated by the generator to be 23 first used by the small customer and, if not used by the 24 small customer, supplied to a supply network; and 25 (b) complies with any safety or technical requirements 26 prescribed under a regulation. 27 relevant supply period means a period for which an account 28 has been issued by a retail entity for the supply of electricity 29 to a small customer. 30 Page 41

 


 

Clean Energy Bill 2008 Part 13 Amendment of Mineral Resources Act 1989 [s 75] small photovoltaic generator means a photovoltaic system 1 with capacity up to 10 kilovolt amperes for a single phase 2 connection and up to 30 kilovolt amperes for a 3 phase 3 connection.'. 4 (3) Schedule 5, definitions liable year and penalty imposition day, 5 `13%'-- 6 omit, insert-- 7 `annual GEC'. 8 Part 13 Amendment of Mineral 9 Resources Act 1989 10 75 Act amended in pt 13 11 This part amends the Mineral Resources Act 1989. 12 76 Amendment of s 6 (Meaning of mineral) 13 (1) Section 6(2)(f)-- 14 omit, insert-- 15 `(f) a product that may be extracted or produced by an 16 underground gasification process for coal or oil shale 17 (mineral (f)) and another product that may result from 18 the carrying out of the process (also mineral (f));'. 19 (2) Section 6(3)(c)-- 20 renumber as section 6(3)(d). 21 (3) Section 6(3)-- 22 insert-- 23 `(c) mineral (f) is only a mineral if-- 24 (i) the coal or oil shale, from which it is extracted or 25 produced, is held under a mineral development 26 Page 42

 


 

Clean Energy Bill 2008 Part 13 Amendment of Mineral Resources Act 1989 [s 77] licence and it has been added to the licence under 1 section 208; or 2 (ii) the coal or oil shale, from which it is extracted or 3 produced, is held under a mining lease and it is 4 specified in the lease.'. 5 77 Replacement of ss 11 and 12 6 Sections 11 and 12-- 7 omit, insert-- 8 `11 Mining districts 9 `(1) The chief executive may by gazette notice declare an area of 10 land to be a mining district. 11 `(2) The notice must-- 12 (a) state the name of the mining district; and 13 (b) give a description, by map or otherwise, of the location 14 and boundaries of the mining district.'. 15 78 Amendment of s 13 (Definitions) 16 Section 13, heading `Definitions'-- 17 omit, insert-- 18 `Definition for div 1'. 19 79 Amendment of s 24 (Grant of prospecting permit) 20 (1) Section 24(2) and (5)-- 21 omit. 22 (2) Section 24(3) and (4)-- 23 renumber as section 24(2) and (3). 24 (3) Section 24(3), as renumbered, `subsection (3)'-- 25 omit, insert-- 26 `subsection (2)'. 27 Page 43

 


 

Clean Energy Bill 2008 Part 13 Amendment of Mineral Resources Act 1989 [s 80] 80 Insertion of new s 24A 1 After section 24-- 2 insert-- 3 `24A Content of prospecting permit 4 `A prospecting permit granted by the mining registrar must-- 5 (a) be in the approved form for the type of permit granted; 6 and 7 (b) state the following information-- 8 (i) the identification number of the permit; 9 (ii) the name of the holder; 10 (iii) the address for service of notices on the holder; 11 (iv) the description of land for which the permit is 12 granted; 13 (v) the term and date of commencement of the permit; 14 (vi) the conditions, other than conditions prescribed by 15 this Act, to which the permit is subject.'. 16 81 Amendment of s 93D (Renewal of claim must be in name 17 of last recorded assignee) 18 Section 93D(1)(b), `Minister'-- 19 omit, insert-- 20 `mining registrar'. 21 82 Amendment of s 127 (Land subject to exploration permit) 22 Section 127(3)-- 23 omit, insert-- 24 `(3) If the Minister, on the information contained in the 25 application for an exploration permit, is satisfied that the 26 program of work proposed in the application can be carried 27 out using competent and efficient mineral exploration 28 Page 44

 


 

Clean Energy Bill 2008 Part 13 Amendment of Mineral Resources Act 1989 [s 83] practices, an exploration permit may be granted for 1 sub-blocks of land that do not have a common boundary.'. 2 83 Amendment of s 133 (Application for exploration permit) 3 (1) Section 133(1)(g), `acceptable to the Minister'-- 4 omit. 5 (2) Section 133(1)(h)(i), `acceptable to the Minister, but'-- 6 omit. 7 (3) Section 133(1)(h)(ii) and (iii)-- 8 renumber as section 133(1)(h)(iv) and (v). 9 (4) Section 133(1)(h)-- 10 insert-- 11 (ii) if the application relates to land that includes sub-blocks 12 of land that do not have a common boundary--a 13 statement detailing how the work proposed can be 14 carried out using competent and efficient mineral 15 exploration practices; and 16 (iii) if the application relates to an area of land that exceeds 17 the area prescribed for the mineral or minerals--a 18 statement about why the applicant requires more than 19 the prescribed area of land; and'. 20 84 Insertion of new s 133A 21 After section 133-- 22 insert-- 23 `133A Minister may request other information 24 `(1) The Minister may give an applicant for an exploration permit 25 a notice requiring the applicant to give the Minister other 26 information the Minister reasonably requires to assess the 27 application. 28 Page 45

 


 

Clean Energy Bill 2008 Part 13 Amendment of Mineral Resources Act 1989 [s 85] `(2) If the information is not given to the Minister within the 1 reasonable period stated in the notice, the Minister may refuse 2 the application.'. 3 85 Omission of s 136 (Upon rejection of application, 4 application fee or part may be retained) 5 Section 136-- 6 omit. 7 86 Amendment of s 137 (Grant of exploration permit) 8 (1) Section 137(1) to (3)-- 9 omit, insert-- 10 `(1) The Minister may-- 11 (a) grant an exploration permit, with or without conditions; 12 or 13 (b) refuse the application. 14 `(2) In deciding whether to grant the exploration permit, the 15 Minister must be satisfied that-- 16 (a) the requirements of this Act have been complied with; 17 and 18 (b) the applicant is an eligible person. 19 `(3) The Minister must not grant an exploration permit unless the 20 Minister also approves a program of work submitted with the 21 application. 22 Note-- 23 Under section 144(1), the Minister is also required to determine the 24 amount of security to be deposited by the holder before granting an 25 exploration permit. 26 `(3A) In deciding whether to approve the program of work, the 27 Minister must have regard to the following-- 28 (a) the extent of the proposed activities in the proposed area 29 of the exploration permit; 30 Page 46

 


 

Clean Energy Bill 2008 Part 13 Amendment of Mineral Resources Act 1989 [s 87] (b) when and where the applicant proposes to carry out 1 exploration activities in the proposed area of the 2 exploration permit; 3 (c) whether the applicant has the financial and technical 4 capability for carrying out the work.'. 5 (2) Section 137-- 6 insert-- 7 `(5A) The Minister must not grant an exploration permit for land in 8 a fossicking area, or for land that includes the whole or part of 9 a fossicking area, unless the application was made, but not 10 decided, before the land became a fossicking area.'. 11 (3) Section 137-- 12 insert-- 13 `(7) If the Minister refuses to grant an application for an 14 exploration permit the Minister may decide whether all or part 15 of the application fee that accompanied the application will be 16 retained.'. 17 87 Insertion of new s 137A 18 After section 137-- 19 insert-- 20 `137A Content of exploration permit 21 `An exploration permit granted by the Minister must be in the 22 approved form and state the following information-- 23 (a) the identification number of the permit; 24 (b) the name of the holder; 25 (c) the address for service of notices on the holder; 26 (d) the description of land for which the permit is granted; 27 (e) the term and date of commencement of the permit; 28 (f) the conditions, other than conditions prescribed by this 29 Act, to which the permit is subject; 30 Page 47

 


 

Clean Energy Bill 2008 Part 13 Amendment of Mineral Resources Act 1989 [s 88] (g) the minerals the subject of the permit; 1 (h) the programs of works and studies to be carried out 2 under the permit.'. 3 88 Amendment of s 141 (Conditions of exploration permit) 4 Section 141(1)(f)-- 5 omit, insert-- 6 `(f) a condition that the holder must give the following 7 reports to the Minister, in the way and containing the 8 information prescribed under a regulation-- 9 (i) an annual report, given each year during the term 10 of the exploration permit, within 1 month after 11 each anniversary of the day the exploration permit 12 takes effect; 13 (ii) a report about a reduction in the area of the 14 exploration permit, given within 2 months after the 15 reduction takes effect; 16 (iii) a report summarising the results of exploration for 17 the whole of the term of the exploration permit, 18 given within 2 months after the exploration permit 19 ends; and 20 `(fa) a condition that the holder must, when and in the way 21 the Minister directs, give to the Minister a report-- 22 (i) about the exploration permit, that is in addition to 23 any report mentioned in paragraph (f); and 24 (ii) about materials obtained because of the holder's 25 activities under the exploration permit; and'.'. 26 89 Amendment of s 147 (Application for renewal of 27 exploration permit) 28 Section 147(2)-- 29 omit, insert-- 30 Page 48

 


 

Clean Energy Bill 2008 Part 13 Amendment of Mineral Resources Act 1989 [s 90] `(2) The application must be-- 1 (a) made in the approved form; and 2 (b) accompanied by the fee prescribed under a regulation; 3 and 4 (c) accompanied by a statement-- 5 (i) describing the program of work proposed to be 6 carried out under the authority of the exploration 7 permit, if renewed; and 8 (ii) detailing the estimated human, technical and 9 financial resources to be used to carry out the 10 exploration work during each year of the term of 11 the exploration permit, if renewed; and 12 (iii) detailing the applicant's financial and technical 13 resources for carrying out the exploration work.'. 14 90 Insertion of new s 147AA 15 After section 147-- 16 insert-- 17 `147AA Minister may request other information 18 `(1) The Minister may give an applicant for renewal of an 19 exploration permit a notice requiring the applicant to give the 20 Minister other information the Minister reasonably requires to 21 assess the application. 22 `(2) If the information is not given to the Minister within the 23 reasonable period stated in the notice, the Minister may refuse 24 the application.'. 25 91 Amendment of s 181 (Obligations and entitlement under 26 mineral development licence) 27 Section 181(10)-- 28 omit. 29 Page 49

 


 

Clean Energy Bill 2008 Part 13 Amendment of Mineral Resources Act 1989 [s 92] 92 Amendment of s 186 (Minister may grant or reject 1 application for mineral development licence) 2 (1) Section 186(6)-- 3 omit. 4 (2) Section 186(7)-- 5 renumber as section 186(6). 6 93 Insertion of new s 186A 7 After section 186-- 8 insert-- 9 `186A Content of mineral development licence 10 `A mineral development licence granted by the Minister must 11 be in the approved form and state the following information-- 12 (a) the identification number of the licence; 13 (b) the name of the holder; 14 (c) the address for service of notices on the holder; 15 (d) the description of land for which the licence is granted; 16 (e) the term and date of commencement of the licence; 17 (f) the conditions, other than conditions prescribed by this 18 Act, to which the licence is subject; 19 (g) the minerals the subject of the licence.'. 20 94 Amendment of s 208 (Adding other minerals to licence) 21 Section 208-- 22 insert-- 23 `(3A) If the mineral to be added to the licence is mineral (f), the 24 Minister may only approve the application if the Minister is 25 satisfied the public interest will not be adversely affected by 26 the addition.'. 27 Page 50

 


 

Clean Energy Bill 2008 Part 13 Amendment of Mineral Resources Act 1989 [s 95] 95 Amendment of s 232 (Land subject to mining lease) 1 Section 232-- 2 insert-- 3 `(3) Despite subsection (1), a mining lease for a mineral or 4 minerals that include mineral (f) may only be granted to an 5 eligible person in respect of contiguous land that is comprised 6 in a mineral development licence or mineral development 7 licences.'. 8 96 Amendment of s 286 (Application for renewal of mining 9 lease) 10 (1) Section 286(2)-- 11 omit, insert-- 12 `(2) The application must be-- 13 (a) made in the approved form; and 14 (b) accompanied by the fee prescribed under a regulation; 15 and 16 (c) accompanied by a statement about the following 17 matters-- 18 (i) the term for which the mining lease is to be 19 renewed; 20 (ii) the reason for seeking the renewal; 21 (iii) if the lease was granted for a purpose mentioned in 22 section 234(1)(a)--whether the area the subject of 23 the application contains workable quantities of 24 mineral or mineral bearing ore; 25 (iv) if the lease was granted for a purpose mentioned in 26 section 234(1)(b)--the particular purpose for 27 which the renewal is sought; 28 (v) if a mining program is proposed to be carried out 29 under the renewed lease--the proposed mining 30 program and its method of operation; 31 Page 51

 


 

Clean Energy Bill 2008 Part 13 Amendment of Mineral Resources Act 1989 [s 97] (vi) whether the operations to be carried on during the 1 term of the renewed lease are an appropriate land 2 use and will conform with sound land use 3 management; 4 (vii) whether the land and surface area in relation to 5 which the renewal is sought is of an appropriate 6 size and shape for the activities proposed to be 7 carried out under the renewed lease; 8 (viii) the financial and technical resources available to 9 the applicant to carry on mining operations under 10 the renewed lease; 11 (ix) in relation to the parcels of land the whole or part 12 of which are the subject of the application-- 13 (A) a description of the parcels of land; and 14 (B) the current use of the land; and 15 (C) the name and address of the owner of the 16 land (the primary land) and the name and 17 address of any other land which may be used 18 to access the primary land.'. 19 97 Insertion of new s 286AA 20 After section 286-- 21 insert-- 22 `286AA Mining registrar may request other information 23 `(1) The mining registrar may give an applicant for renewal of a 24 mining lease a notice requiring the applicant to give the 25 mining registrar other information the mining registrar 26 reasonably requires to assess the application. 27 `(2) If the information is not given to the mining registrar within 28 the reasonable period stated in the notice, the Minister may 29 refuse the application.'. 30 Page 52

 


 

Clean Energy Bill 2008 Part 13 Amendment of Mineral Resources Act 1989 [s 98] 98 Amendment of s 318BK (Application of sdiv 8) 1 Section 318BK(b), `section 318AT' and footnote-- 2 omit, insert-- 3 `section 318AX'. 4 99 Amendment of s 342 (Powers of mining registrars and 5 others) 6 Section 342(1)(d), from `who' to `Minister'-- 7 omit, insert-- 8 `who is authorised in that behalf by the chief executive'. 9 100 Insertion of new s 344 10 Part 10, division 1-- 11 insert-- 12 `344 Access to abandoned mine 13 `(1) A prescribed person may, within 5 business days after giving 14 notice to the owner of land on which an abandoned mine 15 exists, enter the land to carry out any of the following 16 activities (rehabilitation activities)-- 17 (a) investigate the condition of the land; 18 (b) cap a mine shaft; 19 (c) remove, or make safe, structures or equipment at or near 20 the abandoned mine; 21 (d) clean up pollution remaining at or near the abandoned 22 mine; 23 (e) repair erosion, or preventing further erosion, of land or 24 vegetation at or near the abandoned mine; 25 (f) another activity at or near the abandoned mine to make 26 it safe. 27 `(2) Despite subsection (1), the prescribed person may enter the 28 land to carry out rehabilitation activities without giving notice 29 Page 53

 


 

Clean Energy Bill 2008 Part 13 Amendment of Mineral Resources Act 1989 [s 101] to the owner of the land if the activities are necessary to 1 preserve life or property. 2 `(3) If entry is made by a prescribed person under subsection (2), 3 the prescribed person must give the land owner a notice, 4 within 10 business days after the entry, about the entry and 5 any rehabilitation activities carried out on the land. 6 `(4) In this section-- 7 abandoned mine means a site-- 8 (a) where mining or mining exploration activities have been 9 carried out; and 10 (b) for which no current mining lease or mining claim is 11 granted. 12 prescribed person means a person who is authorised by the 13 chief executive to carry out rehabilitation activities.'. 14 101 Amendment of s 391 (Restriction on grants etc.) 15 (1) Section 391, `The Governor in Council may, by regulation'-- 16 omit, insert-- 17 `(1) The Minister may by gazette notice'. 18 (2) Section 391(e)-- 19 omit, insert-- 20 `(e) require that an application for the grant of a prospecting 21 permit, mining claim, exploration permit, mineral 22 development licence or mining lease be referred to any 23 of the following bodies seeking its views on the 24 application-- 25 (i) a stated department; 26 (ii) a Commonwealth Government department; 27 (iii) a local government; 28 (iv) a statutory body under the Statutory Bodies 29 Financial Arrangements Act 1982; 30 Page 54

 


 

Clean Energy Bill 2008 Part 13 Amendment of Mineral Resources Act 1989 [s 102] (v) a GOC.'. 1 (3) Section 391-- 2 insert-- 3 `(2) The Minister must consider the public interest before acting 4 under subsection (1).'. 5 102 Replacement of s 398 (Delegation by Minister) 6 Section 398-- 7 omit, insert-- 8 `398 Delegation 9 `(1) The Minister or the chief executive may delegate his or her 10 functions under this Act to an appropriately qualified officer 11 or employee of the department. 12 `(2) In this section-- 13 appropriately qualified includes having the qualifications, 14 experience or standing appropriate to perform the function. 15 Example of standing for an employee of the department-- 16 the employee's classification level in the department 17 functions includes powers.'. 18 103 Amendment of s 411 (Indemnity against liability) 19 Section 411(1), `section 342(10) or 343'-- 20 omit, insert-- 21 `section 342(10), 343 or 344'. 22 104 Amendment of s 420 (Exclusion of certain agreed acts 23 from pts 13 to 17) 24 Section 420, heading `13 to 17'-- 25 omit, insert-- 26 `13-17'. 27 Page 55

 


 

Clean Energy Bill 2008 Part 13 Amendment of Mineral Resources Act 1989 [s 105] 105 Insertion of new pt 19, div 10 1 Part 19-- 2 insert-- 3 `Division 10 Transitional provision for Clean 4 Energy Act 2008 5 `767 Continuation of regulation under s 391 6 `(1) This section applies to the Mineral Resources Regulation 7 2003, part 8 and schedule 3 (the restricted area 8 arrangements), as in force immediately before the 9 commencement of this section. 10 `(2) The restricted area arrangements continue to have effect as if 11 the amendment of section 391 under the Clean Energy Act 12 2008 had not commenced. 13 `(3) Any provision included in the restricted area arrangements 14 may be repealed by a regulation under this Act but a provision 15 may not be amended.'. 16 106 Amendment of schedule (Dictionary) 17 Schedule-- 18 insert-- 19 `mineral (f) see section 6.'. 20 Page 56

 


 

Clean Energy Bill 2008 Part 14 Amendment of Mining and Quarrying Safety and Health Act 1999 [s 107] Part 14 Amendment of Mining and 1 Quarrying Safety and Health 2 Act 1999 3 107 Act amended in pt 14 4 This part amends the Mining and Quarrying Safety and 5 Health Act 1999. 6 108 Amendment of s 10 (Meaning of operations) 7 (1) Section 10(2)(h)-- 8 renumber as section 10(2)(i). 9 (2) Section 10(2)-- 10 insert-- 11 `(h) underground gasification activities on land the subject 12 of-- 13 (i) a mineral development licence or mining lease for 14 activities relating to mineral (f); or 15 (ii) an exploration permit if the chief inspector has 16 made a declaration under section 47A;'. 17 109 Insertion of new s 47A 18 Part 4, division 1-- 19 insert-- 20 `47A Notice about underground gasification activities 21 `(1) This section applies if the site senior executive for a mine 22 gives the chief inspector notice that particular exploration 23 activities at the mine are underground gasification activities. 24 `(2) The chief inspector may by notice declare the activities to be 25 underground gasification activities, with the agreement of the 26 chief inspector, petroleum and gas. 27 Page 57

 


 

Clean Energy Bill 2008 Part 14 Amendment of Mining and Quarrying Safety and Health Act 1999 [s 110] `(3) The chief inspector must give the site senior executive a copy 1 of the notice. 2 `(4) In this section-- 3 chief inspector, petroleum and gas means the chief inspector 4 under the Petroleum and Gas (Production and Safety) Act 5 2004.'. 6 110 Amendment of s 125 (Functions of inspectors and 7 inspection officers) 8 (1) Section 125(i)-- 9 renumber as section 125(j). 10 (2) Section 125(h)-- 11 omit, insert-- 12 `(h) to investigate serious accidents and high potential 13 incidents at mines; 14 (i) to investigate matters at mines that affect the successful 15 management of risk to persons;'. 16 111 Amendment of s 126D (Functions of authorised officers) 17 (1) Section 126D(f)-- 18 renumber as section 126D(g). 19 (2) Section 126D(e)-- 20 omit, insert-- 21 `(e) to investigate serious accidents and high potential 22 incidents at mines; 23 (f) to investigate matters at mines that affect the successful 24 management of risk to persons;'. 25 112 Amendment of s 136 (General powers after entering mine 26 or other places) 27 (1) Section 136(3), after `compliance with this Act,'-- 28 Page 58

 


 

Clean Energy Bill 2008 Part 14 Amendment of Mining and Quarrying Safety and Health Act 1999 [s 113] insert-- 1 `or for conducting an investigation under this Act,'. 2 (2) Section 136(3)(g), after `complied with'-- 3 insert-- 4 `, or for the purpose of conducting an investigation under this 5 Act'. 6 113 Amendment of pt 11, div 1, hdg (Notification of accidents, 7 incidents and inspections) 8 Part 11, division 1, heading, `of accidents, incidents-- 9 omit, insert-- 10 `, information'. 11 114 Amendment of s 195 (Notice of accidents, incidents, 12 deaths and diseases) 13 (1) Section 195(3)-- 14 omit, insert-- 15 `(3) The site senior executive must, as soon as possible after 16 becoming aware of the accident, incident or death, by notice 17 or orally notify an inspector and a district workers' 18 representative about the accident, incident or death in terms 19 that include the information (the primary information) stated 20 in subsection (3A). 21 Maximum penalty--40 penalty units. 22 `(3A) For subsection (3), the primary information is all of the 23 following-- 24 (a) the precise location where the accident, incident or 25 death happened; 26 (b) when the accident, incident or death happened; 27 (c) the number of persons involved in the accident, incident 28 or death; 29 Page 59

 


 

Clean Energy Bill 2008 Part 14 Amendment of Mining and Quarrying Safety and Health Act 1999 [s 114] (d) if the notification is about a death, whether or not caused 1 by an accident--the name of the person who died; 2 (e) if the notification is about a serious accident or high 3 potential incident-- 4 (i) the name of any person who saw the accident or 5 incident, or who was present when the accident or 6 incident happened; and 7 (ii) the name of any person who was injured as a result 8 of the accident or incident; 9 (f) if no one was present when the person mentioned in 10 paragraph (d) died or the person mentioned in paragraph 11 (e)(ii) was injured--the name of the person who found 12 the deceased or injured person; 13 (g) a brief description of how the accident, incident or death 14 happened. 15 Examples of types of descriptions that may be given under 16 paragraph (g)-- 17 · `A light vehicle fell into the pit after the light vehicle collided 18 with a truck on a ramp leading into the pit.' 19 · `A worker fell from the top of a storage bin into the wash 20 plant.' 21 `(3B) If the site senior executive does not know the primary 22 information at the time the notification is made under 23 subsection (3), the site senior executive must-- 24 (a) take all reasonable steps to find out the primary 25 information as soon as possible; and 26 (b) as soon as possible after the primary information 27 becomes known to the site senior executive, give the 28 primary information to the inspector and representative. 29 Maximum penalty--40 penalty units. 30 `(3C) It is not a defence in a proceeding under subsection (3) or (3B) 31 that the giving of the primary information might tend to 32 incriminate the site senior executive. 33 `(3D) The primary information is not admissible in evidence against 34 the site senior executive in any criminal proceeding. 35 Page 60

 


 

Clean Energy Bill 2008 Part 14 Amendment of Mining and Quarrying Safety and Health Act 1999 [s 115] `(3E) Subsection (3D) does not prevent the primary information 1 being admitted in evidence in criminal proceedings about the 2 falsity or misleading nature of the primary information.'. 3 (2) Section 195(4), `or (2)'-- 4 omit, insert-- 5 `or (3)'. 6 115 Insertion of new s 195A 7 Part 11, division 1-- 8 insert-- 9 `195A Requirement to give primary information 10 `(1) For conducting an investigation into a serious accident, high 11 potential incident or death at a mine, an officer may require a 12 person to give the officer any of the following information 13 (primary information) about the accident, incident or 14 death---- 15 (a) the precise location where the accident, incident or 16 death happened; 17 (b) when the accident, incident or death happened; 18 (c) the number of persons involved in the accident, incident 19 or death; 20 (d) if the notification is about a death, whether or not caused 21 by an accident--the name of the person who died; 22 (e) if the notification is about a serious accident or high 23 potential incident-- 24 (i) the name of any person who saw the accident or 25 incident, or who was present when the accident or 26 incident happened; and 27 (ii) the name of any person who was injured as a result 28 of the accident or incident; 29 (f) if no one was present when the person mentioned in 30 paragraph (d) died or the person mentioned in paragraph 31 Page 61

 


 

Clean Energy Bill 2008 Part 14 Amendment of Mining and Quarrying Safety and Health Act 1999 [s 115] (e)(ii) was injured--the name of the person who found 1 the deceased or injured person; 2 (g) a brief description of how the accident, incident or death 3 happened. 4 Examples of types of descriptions that may be given under 5 paragraph (g)-- 6 · `A light vehicle fell into the pit after the light vehicle collided 7 with a truck on a ramp leading into the pit.' 8 · `A worker fell from the top of a storage bin into the wash 9 plant.' 10 `(2) When making a requirement mentioned in subsection (1), the 11 officer must warn the person it is an offence to fail to comply 12 with the requirement. 13 `(3) A person required to give primary information under 14 subsection (1) must comply with the requirement. 15 Maximum penalty--40 penalty units. 16 `(4) If the officer requires the person to give the officer primary 17 information, it is not a defence in a proceeding under 18 subsection (3) that the giving of the primary information 19 might tend to incriminate the person, unless, in relation to an 20 accident or incident-- 21 (a) the person is an involved person; and 22 (b) the primary information is the information mentioned in 23 subsection (1)(g). 24 `(5) Primary information given under subsection (1) is not 25 admissible in evidence against the person in any criminal 26 proceeding. 27 `(6) Subsection (5) does not prevent the primary information being 28 admitted in evidence in criminal proceedings about the falsity 29 or misleading nature of the primary information. 30 `(7) In this section-- 31 involved person, for an accident or incident, means a person 32 who was directly involved in the accident or incident. 33 Example of a person who is directly involved in an accident or incident-- 34 Page 62

 


 

Clean Energy Bill 2008 Part 15 Amendment of Petroleum and Gas (Production and Safety) Act 2004 [s 116] · a member of the crew of the deceased or injured person, who was 1 present at the accident or incident 2 · a person who was operating plant involved in the accident or 3 incident 4 officer means an inspector, inspection officer or an authorised 5 officer.'. 6 116 Amendment of sch 2 (Dictionary) 7 Schedule 2-- 8 insert-- 9 `oil shale is any shale or other rock (other than coal) from 10 which a gasification or retorting product may be extracted or 11 produced. 12 mineral (f) see the Mineral Resources Act 1989, section 13 6(2)(f). 14 underground gasification activity means an activity relating 15 to-- 16 (a) the exploration for, and testing of, oil shale to be used 17 for the production of mineral (f); or 18 (b) the production, processing, refining, storage or 19 transportation of mineral (f).'. 20 Part 15 Amendment of Petroleum and 21 Gas (Production and Safety) 22 Act 2004 23 117 Act amended in pt 15 24 This part amends the Petroleum and Gas (Production and 25 Safety) Act 2004. 26 Page 63

 


 

Clean Energy Bill 2008 Part 15 Amendment of Petroleum and Gas (Production and Safety) Act 2004 [s 118] 118 Amendment of s 10 (Meaning of petroleum) 1 Section 10(1)(c)-- 2 insert-- 3 `Example of a fluid that is petroleum under paragraph (c)-- 4 mineral (f)'. 5 119 Amendment of s 12 (What is a prescribed storage gas) 6 (1) Section 12(a)-- 7 omit. 8 (2) Section 12(b) and (c)-- 9 renumber as section 12(a) and (b). 10 120 Amendment of s 256 (Lodging report) 11 Section 256(1), `the following office (the relevant office)'-- 12 omit. 13 121 Amendment of s 331 (Application of div 2) 14 Section 331(1)-- 15 omit, insert-- 16 `(1) This division applies if-- 17 (a) land is in the area of a coal or oil shale exploration 18 tenement; and 19 (b) a person who, under section 117, may make an 20 ATP-related application for all or part of the land wishes 21 to make that application; and 22 (c) the tenement holder has consented to the making of the 23 application.'. 24 122 Amendment of s 670 (What is an operating plant) 25 (1) Section 670(2)(c), `, or proposed to be authorised under,'-- 26 Page 64

 


 

Clean Energy Bill 2008 Part 15 Amendment of Petroleum and Gas (Production and Safety) Act 2004 [s 123] omit. 1 (2) Section 670(5)-- 2 insert-- 3 `(da) an underground gasification activity;'. 4 123 Insertion of new s 815 5 After section 814-- 6 insert-- 7 `815 Fuel gas suppliers must not use other supplier's 8 containers 9 `(1) This section applies to a container with a water capacity of 10 more than 25kg that is the property of a fuel gas supplier (the 11 owner). 12 `(2) Another fuel gas supplier must not supply LPG in the 13 container without the owner's permission. 14 Maximum penalty--100 penalty units.'. 15 124 Amendment of sch 2 (Dictionary) 16 (1) Schedule 2, definition distribution system-- 17 omit. 18 (2) Schedule 2-- 19 insert-- 20 `distribution system means a system (a relevant system) of 21 distribution pipelines and meters and other equipment used 22 for, or in connection with, the supply of fuel gas to more than 23 1 consumer within a fuel gas market, but does not include-- 24 (a) a relevant system at a multi-tenanted premises; or 25 (b) pipelines connected from the exit point of a meter 26 installed for a consumer's premises; or 27 (c) appliances or equipment connected to-- 28 Page 65

 


 

Clean Energy Bill 2008 Part 16 Amendment of other Acts [s 125] (i) a relevant system mentioned in paragraph (a); or 1 (ii) pipelines mentioned in paragraph (b).'. 2 mineral (f) see the Mineral Resources Act 1989, section 3 6(2)(f). 4 multi-tenanted premises means a premises, or part of a 5 premises, prescribed under a regulation, where fuel gas is 6 supplied to a number of persons at separate locations within 7 the premises under a contract or other arrangement. 8 Example of multi-tenanted premises-- 9 a shopping centre containing a number of individual shops 10 underground gasification activity means an activity on a coal 11 or oil shale mining tenement or a petroleum authority relating 12 to-- 13 (a) the exploration for, and testing of, coal or oil shale to be 14 used for the production of mineral (f); or 15 (b) the production, processing, refining, storage or 16 transportation of mineral (f).'. 17 Part 16 Amendment of other Acts 18 125 Acts amended in sch 1 19 Schedule 1 amends the Acts mentioned in it. 20 Page 66

 


 

Clean Energy Bill 2008 Schedule 1 Schedule 1 Minor amendments 1 section 125 2 Amendment of Electricity Act 1994 3 1 Section 91F(3), `kWH'-- 4 omit, insert-- 5 `kilowatt hours'. 6 2 Section 133(3), `a a civil'-- 7 omit, insert-- 8 `a civil'. 9 3 Section 135AA(3)(a), `MWh'-- 10 omit, insert-- 11 `megawatt hour'. 12 4 Section 135BA(2)(b), `MWh'-- 13 omit, insert-- 14 `megawatt hour'. 15 5 Section 135CC, definitions EE and SO Gen, `MWh'-- 16 omit, insert-- 17 `megawatt hours'. 18 6 Section 135CD(6), definition ED, `MWh'-- 19 omit, insert-- 20 `megawatt hours'. 21 Page 67

 


 

Clean Energy Bill 2008 Schedule 1 7 Section 135CV(2), `MWh'-- 1 omit, insert-- 2 `megawatt hours'. 3 8 Section 135CY(4), definition SO Gen, `MWh'-- 4 omit, insert-- 5 `megawatt hours'. 6 9 Section 135CZ(5), definition ED, `MWh'-- 7 omit, insert-- 8 `megawatt hours'. 9 10 Section 135DE, `MWh'-- 10 omit, insert-- 11 `megawatt hour'. 12 11 Section 135EC(2), example, `13%'-- 13 omit, insert-- 14 `annual GEC'. 15 12 Chapter 5A, part 5, heading, `13%'-- 16 omit, insert-- 17 `Annual GEC'. 18 13 Section 135EM(1), `13%'-- 19 omit, insert-- 20 `annual GEC'. 21 Page 68

 


 

Clean Energy Bill 2008 Schedule 1 14 Section 135EM(6), `13%'-- 1 omit, insert-- 2 `annual GEC'. 3 15 Chapter 5A, part 5, division 2, heading, `13%'-- 4 omit, insert-- 5 `annual GEC'. 6 16 Chapter 5A, part 5, division 2, subdivision 1, heading, 7 `13%'-- 8 omit, insert-- 9 `annual GEC'. 10 17 Chapter 5A, part 5, division 2, subdivision 2, heading, 11 `13%'-- 12 omit, insert-- 13 `annual GEC'. 14 18 Chapter 5A, part 5, division 2, subdivision 3, heading, 15 `13%'-- 16 omit, insert-- 17 `annual GEC'. 18 19 Section 135EU, `13%'-- 19 omit, insert-- 20 `annual GEC'. 21 20 Section 135EV, `13%'-- 22 omit, insert-- 23 `annual GEC'. 24 Page 69

 


 

Clean Energy Bill 2008 Schedule 1 21 Section 135EW, `13%'-- 1 omit, insert-- 2 `annual GEC'. 3 22 Chapter 5A, part 5, division 3, heading, `13%'-- 4 omit, insert-- 5 `annual GEC'. 6 23 Section 135EX, `13%'-- 7 omit, insert-- 8 `annual GEC'. 9 24 Section 135EY, `13%'-- 10 omit, insert-- 11 `annual GEC'. 12 25 Section 135EZ, `13%'-- 13 omit, insert-- 14 `annual GEC'. 15 26 Section 135FC(2), `13%'-- 16 omit, insert-- 17 `annual GEC'. 18 27 Section 135FD, `13%'-- 19 omit, insert-- 20 `annual GEC'. 21 Page 70

 


 

Clean Energy Bill 2008 Schedule 1 28 Section 135FG(1), `13%'-- 1 omit, insert-- 2 `annual GEC'. 3 29 Section 135FH, `13%'-- 4 omit, insert-- 5 `annual GEC'. 6 30 Section 135FI, `13%'-- 7 omit, insert-- 8 `annual GEC'. 9 31 Section 135FJ, `13%'-- 10 omit, insert-- 11 `annual GEC'. 12 32 Section 135FK(1) and (3), `13%'-- 13 omit, insert-- 14 `annual GEC'. 15 33 Section 135FN, `13%'-- 16 omit, insert-- 17 `annual GEC'. 18 34 Section 135FQ(2)(c)(i), `13%'-- 19 omit, insert-- 20 `annual GEC'. 21 Page 71

 


 

Clean Energy Bill 2008 Schedule 1 35 Section 135FR(3), `13%'-- 1 omit, insert-- 2 `annual GEC'. 3 36 Section 135GC(c), `13%'-- 4 omit, insert-- 5 `annual GEC'. 6 37 Chapter 14, part 3, heading, `provisions'-- 7 omit, insert-- 8 `provision'. 9 38 Chapter 14, part 7, heading, `provisions'-- 10 omit, insert-- 11 `provision'. 12 39 Schedule 2, section 3B(a)(i) and (ii), `;'-- 13 omit, insert-- 14 `; or'. 15 40 Schedule 2, section 3B(h)(i), (ii) and (iii), `;'-- 16 omit, insert-- 17 `; or'. 18 41 Schedule 2, section 3B(i)(i), (ii) and (iii), `;'-- 19 omit, insert-- 20 `; or'. 21 Page 72

 


 

Clean Energy Bill 2008 Schedule 1 Amendment of Petroleum Act 1923 1 1 Section 2, definition excluded land, `40C'-- 2 omit, insert-- 3 `40B'. 4 2 Section 3(6), definition transportation mining lease, 5 `Act'-- 6 omit, insert-- 7 `Act,'. 8 Amendment of Petroleum and Gas (Production and 9 Safety) Act 2004 10 1 Section 412(1)(b), after `constructed;'-- 11 insert-- 12 `and'. 13 2 Section 503(3), definition permanent impact, second 14 example, `that unlikely'-- 15 omit, insert-- 16 `that is unlikely'. 17 3 Section 580(2)(a), `with; and'-- 18 omit, insert-- 19 `with;'. 20 Page 73

 


 

Clean Energy Bill 2008 Schedule 1 4 Section 637(1)(i), after `;'-- 1 insert-- 2 `and'. 3 5 Section 637(1)(j), `regulation.'-- 4 omit, insert-- 5 `regulation; and'. 6 6 Section 705B(b)(ii), `response.'-- 7 omit, insert-- 8 `response; and'. 9 Page 74

 


 

Clean Energy Bill 2008 Schedule 2 Schedule 2 Dictionary 1 section 4 2 baseline year, for a participating business, see section 9(1). 3 conservation measures mean measures that will result in a 4 reduction of energy used. 5 Example of a conservation measure-- 6 turning off stand-by power on electronic equipment 7 dissatisfied person see section 31. 8 efficiency measures mean measures that will result in a 9 reduction of energy used for the same or a higher output. 10 Example of an efficiency measure-- 11 installing new technology to make a process more efficient 12 energy means electricity or processed natural gas, or 13 electricity and processed natural gas. 14 energy savings plan see section 16(1). 15 energy use threshold see section 7(1). 16 information notice, about a decision of the regulator, means a 17 written notice stating each of the following-- 18 (a) the decision; 19 (b) the reasons for the decision; 20 (c) that the person to whom the notice is given may, within 21 20 business days after the day the notice is given, ask the 22 Minister to review the decision; 23 (d) how the person may have the decision reviewed. 24 level 1 threshold see section 7(2). 25 level 2 threshold see section 7(3). 26 level 3 threshold see section 7(4). 27 Page 75

 


 

Clean Energy Bill 2008 Schedule 2 management measures mean measures that will result in an 1 improvement in a participating business' ability to implement 2 conservation measures and efficiency measures. 3 Example of a management measure-- 4 making it the responsibility of each person in a senior management 5 position in a participating business to ensure that conservation measures 6 and efficiency measures are implemented by the participating business 7 participating business see section 6. 8 processed natural gas see the Gas Supply Act 2003. 9 registered participating business means a participating 10 business that is registered under section 10. 11 regulator see section 5. 12 Smart Energy Savings Register see section 10(1). 13 14 © State of Queensland 2008 Page 76

 


 

AMENDMENTS TO BILL

Clean Energy Bill 2008 Clean Energy Bill 2008 Amendments agreed to during Consideration 1 Clause 52 (Insertion of new s 44A)-- At page 32, lines 20 and 21, `electricity supplied to the small customer from the network'-- omit, insert-- `customer connection services provided to the small customer'. 2 Clause 52 (Insertion of new s 44A)-- At page 32, lines 26 and 27-- omit, insert-- `(iii) in excess of the amount of electricity being used by the small customer, not including electricity supplied through a circuit controlled by the distribution entity; and Example of a circuit controlled by the distribution entity-- a remotely switched circuit used for off-peak supply of hot water'. © State of Queensland 2008

 


[Index] [Search] [Download] [Related Items] [Help]