1 Name of Regulations
These Regulations are the Renewable Energy (Electricity) Amendment Regulations 2011 (No. 3).
2 Commencement
These Regulations commence on 1 July 2011.
3 Amendment of Renewable
Energy (Electricity) Regulations 2001
Schedule 1 amends the Renewable Energy
(Electricity) Regulations 2001.
4 Transitional
(1) The amendments made by items [1] to [5] of Schedule
1 to the Renewable Energy (Electricity) Amendment Regulations 2011 (No. 2) do
not apply to the creation of a certificate for a small generation unit
installed on or after 1 July 2011 and before 30 June 2012 if:
(a) the unit was installed under a contract
entered into before 5 May 2011; and
(b) the parties to the contract were legally
bound to proceed with the contract on and after 5 May 2011; and
(c) if the contract was conditional on any
event happening, the event happened before 5 May 2011; and
(d) the person who became the owner of the unit
following its installation was a party to the contract; and
(e) the contract documentation identifies:
(i) the date the contract was entered
into; and
(ii) the identity of each party to the
contract; and
(iii) the address at which the unit was
installed; and
(iv) the size, make and model of the
unit; and
(f) the person entitled to create certificates
for the unit (the entitled person) meets the requirements of
subregulation (2) before creating certificates for the unit.
(2) For paragraph (1) (f), the entitled person must:
(a) possess contract documentation identifying
the matters mentioned in paragraph (1) (e); and
(b) provide to the Regulator a statutory
declaration made by the entitled person:
(i) describing the contract
documentation; and
(ii) stating that the entitled person
can provide the contract documentation to the Regulator if requested by the
Regulator; and
(iii) stating that the contract meets
the requirements of paragraphs (1) (a) to (d); and
(iv) stating:
(A) the date
on which the contract was entered into; and
(B) the
identity of each party to the contract; and
(C) the
address at which the unit was installed; and
(D) the
size, make and model of the unit; and
(v) stating that the contract
documentation in the entitled person’s possession identifies the matters
mentioned in subparagraph (iv); and
(c) if the contract is an oral contract —
provide to the Regulator a statutory declaration made by each party to the
contract stating:
(i) the date on which the contract was
entered into; and
(ii) the identity of each party to the
contract; and
(iii) the address at which the unit was
installed; and
(iv) the size, make and model of the
unit; and
(d) provide to the Regulator any other
information or documents requested by the Regulator.
(3) An entitled person may provide one statutory
declaration under paragraph (2) (b) setting out the information required by
that paragraph for more than one unit, including where:
(a) the units were installed under different
contracts; or
(b) the contracts for the installations of the
units involve different parties; or
(c) the units were installed at different
addresses.
(4) However a statutory declaration provided under
paragraph (2) (c) must relate to one unit only.
(5) For paragraph (2) (c), if the entitled person is a
party to the contract, he or she only needs to provide statutory declarations from
the other parties to the contract.
(6) In this regulation:
contract documentation means:
(a) for a written contract — the written
documents setting out the terms and conditions of the contract and evidencing the
offer and acceptance of those terms and conditions; and
(b) for an oral contract — means written
documentation that was created and dated before 10 June 2011, evidencing the
existence of the contract.