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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Victorian Renewable Energy Amendment Bill 2009
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 1
3 Principal Act 2
4 Application for provisional accreditation 2
5 Application for accreditation 2
6 Period of generation of electricity for certificates 2
7 New section 27 substituted 2
27 When certificates may be created 2
8 When a certificate may be created--small generation units 3
9 No certificates can be created on or after 1 February 2010 3
10 Prohibition of renewable energy certificate shortfall 4
11 New Table inserted in section 66 4
12 Review of operation of the Act 4
13 Substitution of Part 14 4
PART 14--TRANSITIONAL 4
115 Undertakings given before commencement of
Victorian Renewable Energy Amendment Act 2009 4
14 Undertakings given by registered person applicants 5
15 Undertakings given by accredited power station applicants 6
16 Repeal of Act 7
ENDNOTES 8
561422B.I-1/9/2009 i BILL LA INTRODUCTION 1/9/2009
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Victorian Renewable Energy
Amendment Bill 2009
A Bill for an Act to amend the Victorian Renewable Energy Act
2006 as a result of the expansion of the Commonwealth renewable
energy target scheme and for other purposes.
The Parliament of Victoria enacts:
1 Purpose
The main purpose of this Act is to amend the
Victorian Renewable Energy Act 2006 as a
result of the expansion of the Commonwealth
5 renewable energy target scheme under the
Renewable Energy (Electricity) Act 2000 of the
Commonwealth.
2 Commencement
This Act comes into operation on a day or days to
10 be proclaimed.
561422B.I-1/9/2009 1 BILL LA INTRODUCTION 1/9/2009
Victorian Renewable Energy Amendment Bill 2009
s. 3
3 Principal Act
See: In this Act the Victorian Renewable Energy Act
Act No.
72/2006 2006 is called the Principal Act.
and
amending
Act Nos
28/2007 and
23/2009.
LawToday:
www.
legislation.
vic.gov.au
4 Application for provisional accreditation
5 After section 12(4) of the Principal Act insert--
"(5) No application can be made under this
section on or after the commencement of
section 4 of the Victorian Renewable
Energy Amendment Act 2009.".
10 5 Application for accreditation
After section 15(2) of the Principal Act insert--
"(3) No application can be made under this
section on or after the commencement of
section 5 of the Victorian Renewable
15 Energy Amendment Act 2009.".
6 Period of generation of electricity for certificates
For section 26(1)(b) of the Principal Act
substitute--
"(b) until 31 January 2010.".
20 7 New section 27 substituted
For section 27 of the Principal Act substitute--
"27 When certificates may be created
(1) A certificate may be created--
(a) in the case of electricity generated
25 before 1 January 2009--at any time
after the generation of the final part of
561422B.I-1/9/2009 2 BILL LA INTRODUCTION 1/9/2009
Victorian Renewable Energy Amendment Bill 2009
s. 8
the electricity in relation to which it is
created and before the end of the year
after the year of generation;
(b) in the case of electricity generated on or
5 after 1 January 2009--at any time after
the generation of the final part of the
electricity in relation to which it is
created and before 1 July 2010.
(2) To avoid doubt, subsection (1)(b) applies to
10 electricity generated on or after 1 January
2009 and before the day on which section 7
of the Victorian Renewable Energy
Amendment Act 2009 comes into operation.
Note
15 For the offence related to the improper creation of
certificates, see section 38.".
8 When a certificate may be created--small
generation units
For section 30(1) of the Principal Act
20 substitute--
"(1) Certificates may be created in relation to a
small generation unit that is installed on or
after 1 January 2007 and before 1 February
2010.
25 (1A) A certificate referred to in subsection (1)
may be created any time after the installation
of the small generation unit but before
1 February 2010.".
9 No certificates can be created on or after 1 February
30 2010
In section 37 of the Principal Act--
(a) in the heading to the section, for "1 January
2031" substitute "1 February 2010";
561422B.I-1/9/2009 3 BILL LA INTRODUCTION 1/9/2009
Victorian Renewable Energy Amendment Bill 2009
s. 10
(b) for "1 January 2031" substitute "1 February
2010".
10 Prohibition of renewable energy certificate shortfall
In section 61(2) of the Principal Act, for "2031"
5 substitute "2010".
11 New Table inserted in section 66
For the Table in section 66(1) of the Principal Act
substitute--
"
Required GWh of electricity from eligible renewable
energy sources
Year Required GWh
2007 0
2008 193
2009 578
10 ".
12 Review of operation of the Act
(1) In section 114(1) of the Principal Act, for "must"
substitute "may".
(2) Section 114(2) of the Principal Act is repealed.
15 13 Substitution of Part 14
For Part 14 of the Principal Act substitute--
"PART 14--TRANSITIONAL
115 Undertakings given before
commencement of Victorian Renewable
20 Energy Amendment Act 2009
(1) An undertaking given to the ESC as required
under section 9(2) before the commencement
day has effect on and after the
commencement day as if the undertaking
25 were to the effect of clause 1 of the Schedule
561422B.I-1/9/2009 4 BILL LA INTRODUCTION 1/9/2009
Victorian Renewable Energy Amendment Bill 2009
s. 14
as amended and in force on and after the
commencement day.
(2) An undertaking given to the ESC as required
under section 9(3) before the commencement
5 day has effect on and after the
commencement day as if the undertaking
were to the effect of clause 2 of the Schedule
as amended and in force on and after the
commencement day.
10 (3) An undertaking given to the ESC as required
under section 16(3) before the
commencement day has effect on and after
the commencement day as if the undertaking
were to the effect of clause 3 of the Schedule
15 as amended and in force on and after the
commencement day.
(4) An undertaking given to the ESC as required
under section 16(4) before the
commencement day has effect on and after
20 the commencement day as if the undertaking
were to the effect of clause 4 of the Schedule
as amended and in force on and after the
commencement day.
(5) In this section commencement day means
25 the day on which section 14 of the Victorian
Renewable Energy Amendment Act 2009
comes into operation.
__________________".
14 Undertakings given by registered person applicants
30 (1) In clause 1(a) of the Schedule to the Principal
Act--
(a) after "Commonwealth certificate" insert
", before 1 February 2010,";
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Victorian Renewable Energy Amendment Bill 2009
s. 15
(b) after "unit" (where first occurring) insert
"installed before 1 February 2010".
(2) In clause 1(b) of the Schedule to the Principal
Act--
5 (a) after "unit" (where first occurring) insert
"installed before 1 February 2010";
(b) after "Commonwealth certificate" insert
", before 1 February 2010,".
(3) In clause 2(c) of the Schedule to the Principal
10 Act--
(a) after "Commonwealth certificate" insert
", before 1 February 2010,";
(b) after "unit" (where first occurring) insert
"installed before 1 February 2010".
15 (4) In clause 2(d) of the Schedule to the Principal
Act--
(a) after "unit" (where first occurring) insert
"installed before 1 February 2010";
(b) after "Commonwealth certificate" insert
20 ", before 1 February 2010,".
15 Undertakings given by accredited power station
applicants
(1) In clause 3(a) of the Schedule to the Principal Act
after "generated" insert "before 1 February 2010".
25 (2) In clause 3(b) of the Schedule to the Principal Act
after "generated" insert "before 1 February 2010".
(3) In clause 4(e) of the Schedule to the Principal Act
after "generated" insert "before 1 February 2010".
(4) In clause 4(f) of the Schedule to the Principal Act
30 after "generated" insert "before 1 February 2010".
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Victorian Renewable Energy Amendment Bill 2009
s. 16
16 Repeal of Act
This Act is repealed on the first anniversary of
the first day on which all of its provisions are in
operation.
5 Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Victorian Renewable Energy Amendment Bill 2009
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561422B.I-1/9/2009 8 BILL LA INTRODUCTION 1/9/2009
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