Renewable Energy (Electricity) Regulations 2001

Regulation 2015 ............................................................................ 118 52 Amendments made by the Renewable Energy (Electricity) Amendment (Small-scale Solar Eligibility and Other Measures) Regulations 2019 ......................................................... 119 Schedule 1—Guidelines for determining components of electricity generation system that are taken to be part of a power station 120 1 General.......................................................................................... 120 2 Bioenergy ...................................................................................... 120 3 Co-firing ....................................................................................... 121 4 Fuel cell ........................................................................................ 121 5 Geothermal electricity generation ................................................. 121 vi Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 6 Hydro-electricity ........................................................................... 122 7 Ocean, wave and tide .................................................................... 122 8 Solar electricity generation ........................................................... 122 10 Wind ............................................................................................. 123 11 Waste coal mine gas...................................................................... 123 Schedule 3—Guidelines for determining 1997 eligible renewable power baseline for a power station 124 1 Nil baselines.................................................................................. 124 2 Default baselines ........................................................................... 124 3 Special baselines ........................................................................... 125 6 Baselines in 2001 .......................................................................... 126 7 Treatment of waste coal mine gas as eligible energy source ......... 126 Schedule 3A—Guidelines for determining 2008 WCMG limit 127 1 Meaning of WCMG power station ................................................ 127 2 Overall 2008 WCMG limit ........................................................... 127 3 2008 WCMG limit—general ........................................................ 127 4 2008 WCMG limit—special circumstances .................................. 128 5 Moderating 2008 WCMG limits ................................................... 129 Schedule 4—Determination of solar water heater certificates 130 Schedule 6—Emissions-intensive trade-exposed activities 131 Part 1—Preliminary 131 601 Preliminary ................................................................................... 131 Part 2—Production of glass containers 132 Division 1—Production of glass containers 132 602 Production of glass containers ...................................................... 132 Division 2—Classification of activity 133 603 Classification of activity ............................................................... 133 Division 3—Electricity baseline for calculating exemption 134 604 Electricity baseline for product ..................................................... 134 Part 3—Production of bulk flat glass 135 Division 1—Production of bulk flat glass 135 605 Production of bulk flat glass ......................................................... 135 Division 2—Classification of activity 136 606 Classification of activity ............................................................... 136 Division 3—Electricity baseline for calculating exemption 137 607 Electricity baseline for product ..................................................... 137 Renewable Energy (Electricity) Regulations 2001 vii Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 4—Production of methanol 138 Division 1—Production of methanol 138 608 Production of methanol ................................................................. 138 Division 2—Classification of activity 139 609 Classification of activity ............................................................... 139 Division 3—Electricity baseline for calculating exemption 140 610 Electricity baseline for product ..................................................... 140 Part 5—Production of carbon black 141 Division 1—Production of carbon black 141 611 Production of carbon black ........................................................... 141 Division 2—Classification of activity 142 612 Classification of activity ............................................................... 142 Division 3—Electricity baseline for calculating exemption 143 613 Electricity baseline for product ..................................................... 143 Part 6—Production of white titanium dioxide (TiO2) pigment 144 Division 1—Production of white titanium dioxide (TiO2) pigment 144 614 Production of white titanium dioxide (TiO2) pigment................... 144 Division 2—Classification of activity 145 615 Classification of activity ............................................................... 145 Division 3—Electricity baseline for calculating exemption 146 616 Electricity baseline for product ..................................................... 146 Part 7—Production of silicon 147 Division 1—Production of silicon 147 617 Production of silicon ..................................................................... 147 Division 2—Classification of activity 148 618 Classification of activity ............................................................... 148 Division 3—Electricity baseline for calculating exemption 149 619 Electricity baseline for product ..................................................... 149 Part 8—Smelting zinc 150 Division 1—Smelting zinc 150 620 Smelting zinc ................................................................................ 150 Division 2—Classification of activity 151 621 Classification of activity ............................................................... 151 Division 3—Electricity baseline for calculating exemption 152 622 Electricity baseline for product ..................................................... 152 Part 9—Integrated production of lead and zinc 153 Division 1—Integrated production of lead and zinc 153 623 Integrated production of lead and zinc .......................................... 153 Division 2—Classification of activity 154 624 Classification of activity ............................................................... 154 viii Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Division 3—Electricity baseline for calculating exemption 155 625 Electricity baseline for product ..................................................... 155 Part 10—Aluminium smelting 156 Division 1—Aluminium smelting 156 626 Aluminium smelting ..................................................................... 156 Division 2—Classification of activity 157 627 Classification of activity ............................................................... 157 Division 3—Electricity baseline for calculating exemption 158 628 Electricity baseline for product ..................................................... 158 Part 11—Production of high purity ethanol 159 Division 1—Production of high purity ethanol 159 629 Production of high purity ethanol ................................................. 159 Division 2—Classification of activity 160 630 Classification of activity ............................................................... 160 Division 3—Electricity baseline for calculating exemption 161 631 Electricity baseline for product ..................................................... 161 Part 12—Production of magnesia 162 Division 1—Production of magnesia 162 632 Production of magnesia ................................................................. 162 Division 2—Classification of activity 163 633 Classification of activity ............................................................... 163 Division 3—Electricity baseline for calculating exemption 164 634 Electricity baseline for product ..................................................... 164 Part 13—Manufacture of newsprint 165 Division 1—Manufacture of newsprint 165 635 Manufacture of newsprint ............................................................. 165 Division 2—Classification of activity 166 636 Classification of activity ............................................................... 166 Division 3—Electricity baseline for calculating exemption 167 637 Electricity baseline for product ..................................................... 167 Part 14—Dry pulp manufacturing 168 Division 1—Dry pulp manufacturing 168 638 Dry pulp manufacturing ................................................................ 168 Division 2—Classification of activity 169 639 Classification of activity ............................................................... 169 Division 3—Electricity baseline for calculating exemption 170 640 Electricity baseline for product ..................................................... 170 Part 15—Cartonboard manufacturing 171 Division 1—Cartonboard manufacturing 171 641 Cartonboard manufacturing .......................................................... 171 Renewable Energy (Electricity) Regulations 2001 ix Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Division 2—Classification of activity 172 642 Classification of activity ............................................................... 172 Division 3—Electricity baseline for calculating exemption 173 643 Electricity baseline for product ..................................................... 173 Part 16—Packaging and industrial paper manufacturing 174 Division 1—Packaging and industrial paper manufacturing 174 644 Packaging and industrial paper manufacturing ............................. 174 Division 2—Classification of activity 175 645 Classification of activity ............................................................... 175 Division 3—Electricity baseline for calculating exemption 176 646 Electricity baseline for product ..................................................... 176 Part 17—Printing and writing paper manufacturing 177 Division 1—Printing and writing paper manufacturing 177 647 Printing and writing paper manufacturing..................................... 177 Division 2—Classification of activity 178 648 Classification of activity ............................................................... 178 Division 3—Electricity baseline for calculating exemption 179 649 Electricity baseline for product ..................................................... 179 Part 18—Alumina refining 181 Division 1—Alumina refining 181 650 Alumina refining ........................................................................... 181 Division 2—Classification of activity 182 651 Classification of activity ............................................................... 182 Division 3—Electricity baseline for calculating exemption 183 652 Electricity baseline for product ..................................................... 183 Part 19—Tissue paper manufacturing 184 Division 1—Tissue paper manufacturing 184 653 Tissue paper manufacturing .......................................................... 184 Division 2—Classification of activity 185 654 Classification of activity ............................................................... 185 Division 3—Electricity baseline for calculating exemption 186 655 Electricity baseline for product ..................................................... 186 Part 20—Integrated iron and steel manufacturing 187 Division 1—Integrated iron and steel manufacturing 187 656 Integrated iron and steel manufacturing ........................................ 187 Division 2—Classification of activity 189 657 Classification of activity ............................................................... 189 Division 3—Electricity baseline for calculating exemption 190 658 Electricity baseline for product ..................................................... 190 x Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 21—Manufacture of carbon steel from cold ferrous feed 193 Division 1—Manufacture of carbon steel from cold ferrous feed 193 659 Manufacture of carbon steel from cold ferrous feed ..................... 193 Division 2—Classification of activity 194 660 Classification of activity ............................................................... 194 Division 3—Electricity baseline for calculating exemption 195 661 Electricity baseline for product ..................................................... 195 Part 22—Petroleum refining 197 Division 1—Petroleum refining 197 662 Petroleum refining ........................................................................ 197 Division 2—Classification of activity 200 663 Classification of activity ............................................................... 200 Division 3—Electricity baseline for calculating exemption 201 664 Electricity baseline for product ..................................................... 201 Part 23—Production of ethene (ethylene) 202 Division 1—Production of ethene (ethylene) 202 665 Production of ethene (ethylene) .................................................... 202 Division 2—Classification of activity 203 666 Classification of activity ............................................................... 203 Division 3—Electricity baseline for calculating exemption 204 667 Electricity baseline for product ..................................................... 204 Part 24—Production of polyethylene 205 Division 1—Production of polyethylene 205 668 Production of polyethylene ........................................................... 205 Division 2—Classification of activity 206 669 Classification of activity ............................................................... 206 Division 3—Electricity baseline for calculating exemption 207 670 Electricity baseline for product ..................................................... 207 Part 25—Production of synthetic rutile 208 Division 1—Production of synthetic rutile 208 671 Production of synthetic rutile ........................................................ 208 Division 2—Classification of activity 209 672 Classification of activity ............................................................... 209 Division 3—Electricity baseline for calculating exemption 210 673 Electricity baseline for product ..................................................... 210 Part 26—Production of manganese 211 Division 1—Production of manganese 211 674 Production of manganese .............................................................. 211 Division 2—Classification of activity 212 675 Classification of activity ............................................................... 212 Renewable Energy (Electricity) Regulations 2001 xi Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Division 3—Electricity baseline for calculating exemption 213 676 Electricity baseline for product ..................................................... 213 Part 27—Production of clinker 214 Division 1—Production of clinker 214 677 Production of clinker..................................................................... 214 Division 2—Classification of activity 215 678 Classification of activity ............................................................... 215 Division 3—Electricity baseline for calculating exemption 216 679 Electricity baseline for product ..................................................... 216 Part 28—Production of lime 217 Division 1—Production of lime 217 680 Production of lime......................................................................... 217 Division 2—Classification of activity 218 681 Classification of activity ............................................................... 218 Division 3—Electricity baseline for calculating exemption 219 682 Electricity baseline for product ..................................................... 219 Part 29—Production of fused alumina 220 Division 1—Production of fused alumina 220 683 Production of fused alumina ......................................................... 220 Division 2—Classification of activity 221 684 Classification of activity ............................................................... 221 Division 3—Electricity baseline for calculating exemption 222 685 Electricity baseline for product ..................................................... 222 Part 30—Production of copper 223 Division 1—Production of copper 223 686 Production of copper ..................................................................... 223 Division 2—Classification of activity 224 687 Classification of activity ............................................................... 224 Division 3—Electricity baseline for calculating exemption 225 688 Electricity baseline for product ..................................................... 225 Part 31—Production of carbamide (urea) 226 Division 1—Production of carbamide (urea) 226 689 Production of carbamide (urea) ..................................................... 226 Division 2—Classification of activity 227 690 Classification of activity ............................................................... 227 Division 3—Electricity baseline for calculating exemption 228 691 Electricity baseline for product ..................................................... 228 xii Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 32—Production of sodium carbonate (soda ash) and sodium bicarbonate 229 Division 1—Production of sodium carbonate (soda ash) and sodium bicarbonate 229 692 Production of sodium carbonate (soda ash) and sodium bicarbonate .................................................................................... 229 Division 2—Classification of activity 230 693 Classification of activity ............................................................... 230 Division 3—Electricity baseline for calculating exemption 231 694 Electricity baseline for product ..................................................... 231 Part 33—Production of ammonia 232 Division 1—Production of ammonia 232 695 Production of ammonia ................................................................. 232 Division 2—Classification of activity 233 696 Classification of activity ............................................................... 233 Division 3—Electricity baseline for calculating exemption 234 697 Electricity baseline for product ..................................................... 234 Part 34—Production of ammonium nitrate 235 Division 1—Production of ammonium nitrate 235 698 Production of ammonium nitrate .................................................. 235 Division 2—Classification of activity 236 699 Classification of activity ............................................................... 236 Division 3—Electricity baseline for calculating exemption 237 700 Electricity baseline for product ..................................................... 237 Part 35—Production of chlorine gas and sodium hydroxide (caustic soda) solution 238 Division 1—Production of chlorine gas and sodium hydroxide (caustic soda) solution 238 701 Production of chlorine gas and sodium hydroxide (caustic soda) solution ................................................................................ 238 Division 2—Classification of activity 239 702 Classification of activity ............................................................... 239 Division 3—Electricity baseline for calculating exemption 240 703 Electricity baseline for product ..................................................... 240 Part 36—Production of fused zirconia 241 Division 1—Production of fused zirconia 241 704 Production of fused zirconia ......................................................... 241 Division 2—Classification of activity 242 705 Classification of activity ............................................................... 242 Division 3—Electricity baseline for calculating exemption 243 706 Electricity baseline for product ..................................................... 243 Renewable Energy (Electricity) Regulations 2001 xiii Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 37—Production of iron ore pellets 244 Division 1—Production of iron ore pellets 244 707 Production of iron ore pellets ........................................................ 244 Division 2—Classification of activity 245 708 Classification of activity ............................................................... 245 Division 3—Electricity baseline for calculating exemption 246 709 Electricity baseline for product ..................................................... 246 Part 38—Production of liquefied natural gas 247 Division 1—Production of liquefied natural gas 247 710 Production of liquefied natural gas ............................................... 247 Division 2—Classification of activity 248 711 Classification of activity ............................................................... 248 Division 3—Electricity baseline for calculating exemption 249 712 Electricity baseline for product ..................................................... 249 Part 39—Production of magnetite concentrate 250 Division 1—Production of magnetite concentrate 250 713 Production of magnetite concentrate ............................................. 250 Division 2—Classification of activity 251 714 Classification of activity ............................................................... 251 Division 3—Electricity baseline for calculating exemption 252 715 Electricity baseline for product ..................................................... 252 Part 40—Production of glass beads 253 Division 1—Production of glass beads 253 716 Production of glass beads .............................................................. 253 Division 2—Classification of activity 254 717 Classification of activity ............................................................... 254 Division 3—Electricity baseline for calculating exemption 255 718 Electricity baseline for product ..................................................... 255 Part 41—Production of sodium silicate glass 256 Division 1—Production of sodium silicate glass 256 719 Production of sodium silicate glass ............................................... 256 Division 2—Classification of activity 257 720 Classification of activity ............................................................... 257 Division 3—Electricity baseline for calculating exemption 258 721 Electricity baseline for product ..................................................... 258 Part 42—Production of polymer grade propene (polymer grade propylene) 259 Division 1—Production of polymer grade propene (polymer grade propylene) 259 722 Production of polymer grade propene (polymer grade propylene) ..................................................................................... 259 xiv Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Division 2—Classification of activity 260 723 Classification of activity ............................................................... 260 Division 3—Electricity baseline for calculating exemption 261 724 Electricity baseline for product ..................................................... 261 Part 43—Production of rolled aluminium 262 Division 1—Production of rolled aluminium 262 725 Production of rolled aluminium .................................................... 262 Division 2—Classification of activity 263 726 Classification of activity ............................................................... 263 Division 3—Electricity baseline for calculating exemption 264 727 Electricity baseline for product ..................................................... 264 Part 44—Manufacture of reconstituted wood-based panels 265 Division 1—Manufacture of reconstituted wood-based panels 265 728 Manufacture of reconstituted wood-based panels ......................... 265 Division 2—Classification of activity 266 729 Classification of activity ............................................................... 266 Division 3—Electricity baseline for calculating exemption 267 730 Electricity baseline for product ..................................................... 267 Part 45—Production of coke oven coke 268 Division 1—Production of coke oven coke 268 731 Production of coke oven coke ....................................................... 268 Division 2—Classification of activity 269 732 Classification of activity ............................................................... 269 Division 3—Electricity baseline for calculating exemption 270 733 Electricity baseline for product ..................................................... 270 Part 46—Production of hydrogen peroxide 271 Division 1—Production of hydrogen peroxide 271 734 Production of hydrogen peroxide .................................................. 271 Division 2—Classification of activity 272 735 Classification of activity ............................................................... 272 Division 3—Electricity baseline for calculating exemption 273 736 Electricity baseline for product ..................................................... 273 Part 47—Production of ceramic floor and wall tiles 274 Division 1—Production of ceramic floor and wall tiles 274 737 Production of ceramic floor and wall tiles .................................... 274 Division 2—Classification of activity 275 738 Classification of activity ............................................................... 275 Division 3—Electricity baseline for calculating exemption 276 739 Electricity baseline for product ..................................................... 276 Renewable Energy (Electricity) Regulations 2001 xv Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 48—Production of nickel 277 Division 1—Production of nickel 277 740 Production of nickel ...................................................................... 277 Division 2—Classification of activity 279 741 Classification of activity ............................................................... 279 Division 3—Electricity baseline for calculating exemption 280 742 Electricity baseline for product ..................................................... 280 Part 49—Production of helium 281 Division 1—Production of helium 281 743 Production of helium..................................................................... 281 Division 2—Classification of activity 282 744 Classification of activity ............................................................... 282 Division 3—Electricity baseline for calculating exemption 283 745 Electricity baseline for product ..................................................... 283 Part 50—Production of dried distillers grains with solubles 284 Division 1—Production of dried distillers grains with solubles 284 746 Production of dried distillers grains with solubles ........................ 284 Division 2—Classification of activity 285 747 Classification of activity ............................................................... 285 Division 3—Electricity baseline for calculating exemption 286 748 Electricity baseline for product ..................................................... 286 Part 51—Production of glass wool 287 Division 1—Production of glass wool 287 749 Production of glass wool ............................................................... 287 Division 2—Classification of activity 288 750 Classification of activity ............................................................... 288 Division 3—Electricity baseline for calculating exemption 289 751 Electricity baseline for product ..................................................... 289 Part 52—Production of coal char 290 Division 1—Production of coal char 290 752 Production of coal char ................................................................. 290 Division 2—Classification of activity 291 753 Classification of activity ............................................................... 291 Division 3—Electricity baseline for calculating exemption 292 754 Electricity baseline for product ..................................................... 292 Part 53—Production of ferrovanadium 293 Division 1—Production of ferrovanadium 293 755 Production of ferrovanadium ........................................................ 293 Division 2—Classification of activity 294 756 Classification of activity ............................................................... 294 xvi Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Division 3—Electricity baseline for calculating exemption 295 757 Electricity baseline for product ..................................................... 295 Part 54—Rendering of animal by-products 296 Division 1—Rendering of animal by-products 296 758 Rendering of animal by-products .................................................. 296 Division 2—Classification of activity 297 759 Classification of activity ............................................................... 297 Division 3—Electricity baseline for calculating exemption 298 760 Electricity baseline for product ..................................................... 298 Endnotes 299 Endnote 1—About the endnotes 299 Endnote 2—Abbreviation key 300 Endnote 3—Legislation history 301 Endnote 4—Amendment history 305 Renewable Energy (Electricity) Regulations 2001 xvii Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Preliminary Part 1

Regulation 1 Part 1—Preliminary 1 Name of Regulations These Regulations are the Renewable Energy (Electricity) Regulations 2001. 3 Definitions (1) In these Regulations: accredited body means a body accredited under the Joint Accreditation System of Australia and New Zealand to give product certification or component certification of solar water heaters. Act means the Renewable Energy (Electricity) Act 2000. AS, AS/NZS or Australian Standard followed by a number (for example, AS/NZS 3000:2007) means a standard of that number issued by Standards Australia Limited and, if a date is included, of that date. auxiliary loss has the meaning given in regulation 3B. bioenergy means the energy derived from the biomass components of an energy source mentioned in any of paragraphs (i) to (s) of the definition of eligible renewable energy source in subsection 17(1) of the Act. biomass means organic matter other than fossilised biomass. Examples of fossilised biomass: Coal, lignite. business day means a day that is not: (a) a Saturday or a Sunday; or (b) a public holiday or a bank holiday in the Australian Capital Territory. Clean Energy Council means Clean Energy Council Limited, ACN 127 102 443. cogeneration means a power generation process that provides electricity and process heat as outputs. commercial meter means a meter that is used to record the consumption of electricity for the purposes of a financial transaction between unrelated parties in relation to the consumption of electricity. component certification, of a solar water heater, means certification by an accredited body in relation to specified components of the solar water heater. IMO means the Independent Market Operator, established under regulation 4 of the Electricity Industry (Independent Market Operator) Regulations 2004 (WA). Renewable Energy (Electricity) Regulations 2001 1 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 1 Preliminary

Regulation 3 interconnected hydro-electric system means a hydro-electric system in which water can be directed from a common storage down different watercourses so that water can be diverted from 1 power station to another, altering the amount of electricity that can be generated by each power station. Jobs and Competitiveness Program means the Jobs and Competitiveness Program that was in force under the Clean Energy Act 2011 immediately before the repeal of that Act by item 1 of Schedule 1 to the Clean Energy Legislation (Carbon Tax Repeal) Act 2014. national electricity market means the interconnected electricity grids in the participating jurisdictions in the National Electricity Rules. native forest means a local indigenous plant community: (a) the dominant species of which are trees; and (b) containing throughout its growth the complement of native species and habitats normally associated with that forest type or having the potential to develop those characteristics; and (c) including a forest with those characteristics that has been regenerated with human assistance following disturbance; and (d) excluding a plantation of native species or previously logged native forest that has been regenerated with non-endemic native species. NEM standard metering means the standard of metering mentioned in the National Electricity Rules. network control ancillary services, for a power station, has the same meaning as in the National Electricity Rules. plantation means an intensively managed stand of trees of native or exotic species, created by the regular placement of seedlings or seed. product certification, of a solar water heater, means certification by an accredited body in relation to the design and manufacture of the solar water heater. quarter means a period of 3 months commencing on 1 January, 1 April, 1 July or 1 October of a year. regional forest agreement has the meaning given by the Export Control (Hardwood Wood Chips) Regulations 1996. registered for GST means registered under the A New Tax System (Goods and Services Tax) Act 1999. Register of solar water heaters means the Register of solar water heaters kept by the Regulator under regulation 19C. required to be registered for GST means required to be registered under the A New Tax System (Goods and Services Tax) Act 1999. 2 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Preliminary Part 1

Regulation 3 territorial sea has the meaning given by section 3 of the Seas and Submerged Lands Act 1973. thinnings means the selective removal of trees and branches from a forest during the growing stage and at harvest. true-up report means a true-up report that is required to be given to the Regulator under section 5 of the Clean Energy Legislation (Carbon Tax Repeal) (Jobs and Competitiveness Program) Rules 2014. (2) For the definition of small generation unit in subsection 5(1) of the Act: (a) a device whose energy source is hydro is a small generation unit if: (i) it has a kW rating of no more than 6.4 kW; and (ii) it generates no more than 25 MWh of electricity each year; and (b) a device whose energy source is wind is a small generation unit if: (i) it has a kW rating of no more than 10 kW; and (ii) it generates no more than 25 MWh of electricity each year; and (c) a device whose energy source is solar (photovoltaic) is a small generation unit if: (i) it has a kW rating of no more than 100 kW; and (ii) it generates no more than 250 MWh of electricity each year. (2A) Without limiting paragraph (2)(c), 2 or more systems whose energy source is solar (photovoltaic) are taken to be a device for the purposes of that paragraph if any of the following apply: (a) the systems are connected to a grid at one or more connection points and not installed behind a commercial meter subsidiary to any of the connection points; (b) both: (i) the systems are connected to a grid at one or more connection points and installed behind a single commercial meter subsidiary to one or more of the connection points; and (ii) there is no connection subsidiary to the commercial meter that allows electricity to flow between the commercial meter and any other commercial meter or to another connection point; (c) both: (i) the systems are connected to a grid at one or more connection points and installed behind more than one commercial meter subsidiary to one or more of the connection points; and (ii) a connection subsidiary to the commercial meters allows electricity to flow between the commercial meters but not between any other commercial meter or to any other connection point; (d) at least 3 of the following apply: (i) the systems are located at a single site or multiple adjoining sites in the same area; (ii) the systems are installed for the primary purpose of generating electricity for export to a grid; Renewable Energy (Electricity) Regulations 2001 3 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 1 Preliminary

Regulation 3A (iii) electrical infrastructure (other than metering equipment) is needed to connect the systems to a grid; (iv) more than 50% of the total kW rating of all systems is from ground mounted systems. 3A Conditions for solar water heater (1) For the definition of solar water heater in subsection 5(1) of the Act, a device that heats water using solar energy is a solar water heater during the period specified in the Register for the device if the device: (a) is entered in the Register of solar water heaters; and (b) satisfies subregulation (2) or (3). Note: Certificates cannot be created for a solar water heater that is an air source heat pump water heater if it has a volumetric capacity of more than 425 L—see subsection 21(4) of the Act. (1A) However, a device is not a solar water heater if the number of certificates that could be created over a 10-year period for the installation of the device in any one or more of the zones, worked out in accordance with the method mentioned in subregulation 19B(1) or 19BA(3), would be more than 2,500, unless the device was entered into the Register of solar water heaters before 1 December 2018. Solar water heaters—capacity not more than 700 L (2) A device satisfies this subregulation if: (a) the device has a capacity of not more than 700 L; and (b) an accredited body has given the device product certification to AS/NZS 2712:2007, Solar and heat pump water heaters—Design and construction, as in force at the time the certification is given. Solar water heaters—capacity more than 700 L (3) A device satisfies this subregulation if: (a) the device has a capacity of more than 700 L; and (b) an accredited body has given the device component certification to each of the following Australian Standards that applies to the device: (i) AS/NZS 2712:2007 Solar and heat pump water heaters—Design and construction, as in force at the time the certification is given; (ii) the Australian Standards mentioned in clause 1.4 of AS/NZS 2712:2007 Solar and heat pump water heaters—Design and construction, as in force at the time the certification is given; and (c) the storage tank of the device meets the requirements of: (i) both: (A) AS/NZS 4692.1:2005, Electric water heaters, Part 1: Energy consumption, performance and general requirements, as in force at the time the certification mentioned in paragraph (b) is given; and 4 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Preliminary Part 1

Regulation 3B (B) AS/NZS 4692.2:2005, Electric water heaters, Part 2: Minimum Energy Performance Standard (MEPS) requirements and energy labelling, as in force at the time the certification mentioned in paragraph (b) is given; or (ii) the document called Heat Loss Test Procedure for Solar Water Heaters with a Hot Water Storage Tank Greater than 700 L, first published by the Regulator on 29 May 2003, as in force at the time the certification mentioned in paragraph (b) is given. Note: A copy of the document mentioned in subparagraph (3)(c)(ii) is available by post from the Regulator, GPO Box 621, Canberra ACT 2601. The document can be viewed on and downloaded from the Regulator’s website: www.cleanenergyregulator.gov.au. 3B Definition of auxiliary loss (1) For a power station, auxiliary loss means the amount of electricity used in generating electricity, and operating and maintaining the power station, but does not include any electricity used for network control ancillary services. (2) For a hydro-electric power station, auxiliary loss also includes the amount of electricity that is used to pump or to raise water before its release for hydro-electric generation. Renewable Energy (Electricity) Regulations 2001 5 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 2 Renewable energy certificates Division 2.1A Registration

Regulation 3L Part 2—Renewable energy certificates Division 2.1A—Registration 3L Determining fit and proper person (1) For subsection 11(2A) of the Act, in determining whether the applicant is a fit and proper person, the Regulator must have regard to the following matters: (a) whether the applicant has been convicted of an offence against any of the following: (i) a law of the Commonwealth, a State or a Territory, that relates to dishonest conduct; (ii) a law of the Commonwealth, a State or a Territory, that relates to the conduct of a business; (iii) section 136.1, 137.1 or 137.2 of the Criminal Code; (iv) a foreign law that corresponds to a law mentioned in subparagraphs (i) to (iii) or subparagraphs (b)(i) to (iv); (b) whether the applicant has breached any of the following: (i) this Act or these Regulations; (ii) the Australian National Registry of Emissions Units Act 2011 or regulations under that Act; (iii) the Carbon Credits (Carbon Farming Initiative) Act 2011 or regulations under that Act; (iv) the National Greenhouse and Energy Reporting Act 2007 or regulations under that Act; (c) whether an order has been made against the applicant under: (i) section 76 of the Competition and Consumer Act 2010; or (ii) section 224 of Schedule 2 to the Competition and Consumer Act 2010, as that section applies as a law of the Commonwealth, a State or a Territory; or (iii) a foreign law that corresponds to a law mentioned in subparagraphs (i) or (ii); (d) whether the applicant has been refused registration by, de-registered by, or suspended from participating in, a State or Territory energy efficiency scheme, such as the following: (i) the Energy Savings Scheme in New South Wales; (ii) the Victorian Energy Efficiency Target scheme; (e) whether the applicant has: (i) sought or been granted accreditation by, or membership of, a clean energy organisation; or (ii) been refused accreditation by, or membership of, a clean energy organisation; or (iii) had the applicant’s accreditation by, or membership of, a clean energy organisation suspended or revoked; 6 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Renewable energy certificates Part 2 Registration Division 2.1A

Regulation 3L (f) whether the applicant is: (i) for an applicant that is an individual—an insolvent under administration within the meaning of the Corporations Act 2001; and (ii) for an applicant that is a body corporate—a Chapter 5 body corporate within the meaning of the Corporations Act 2001; and (iii) for an applicant that is a body corporate—a body corporate that overseas or under a foreign law: (A) is being wound up; or (B) in respect of property of which, a receiver, or a receiver and manager, has been appointed (whether or not by a court) and is acting; or (C) is under administration; or (D) has executed a deed of company arrangement that has not yet terminated; or (E) has entered into a compromise or arrangement with another person, the administration of which has not been concluded. (2) If the applicant is a body corporate, the Regulator must also have regard to the following matters: (a) whether an executive officer of the body corporate has been convicted of an offence against any of the following: (i) a law of the Commonwealth, a State or a Territory, that relates to dishonest conduct; (ii) a law of the Commonwealth, a State or a Territory, that relates to the conduct of a business; (iii) section 136.1, 137.1 or 137.2 of the Criminal Code; (iv) a foreign law that corresponds to a law mentioned in subparagraphs (i) to (iii) or subparagraphs (b)(i) to (iv); (b) whether an executive officer of the body corporate has breached any of the following: (i) this Act or these Regulations; (ii) the Australian National Registry of Emissions Units Act 2011 or regulations under that Act; (iii) the Carbon Credits (Carbon Farming Initiative) Act 2011 or regulations under that Act; (iv) the National Greenhouse and Energy Reporting Act 2007 or regulations under that Act; (c) whether an order has been made against an executive officer of the body corporate: (i) under section 76 of the Competition and Consumer Act 2010; or (ii) under section 224 of Schedule 2 to the Competition and Consumer Act 2010, as that section applies as a law of the Commonwealth, a State or a Territory; or (iii) under a foreign law that corresponds to a law mentioned in subparagraph (i) or (ii); or (iv) by a foreign court, disqualifying the executive officer from: Renewable Energy (Electricity) Regulations 2001 7 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 2 Renewable energy certificates Division 2.1A Registration

Regulation 3L (A) being a director of a body corporate; or (B) being concerned in the management of a body corporate; (d) whether an executive officer of the body corporate has been refused registration, de-registered or suspended from participating in a State or Territory energy efficiency scheme, such as the following: (i) the Energy Savings Scheme in New South Wales; (ii) the Victorian Energy Efficiency Target scheme; (e) whether an executive officer of the body corporate has: (i) sought or been granted accreditation by, or membership of, a clean energy organisation; or (ii) been refused accreditation by, or membership of, a clean energy organisation; or (iii) had the executive officer’s accreditation by, or membership of, a clean energy organisation suspended or revoked. (3) For paragraphs (1)(e) and (2)(e), a clean energy organisation means an organisation that has a constitution and operates a scheme that: (a) accredits, or provides membership to, persons who do one or more of the following: (i) install small generation units or solar water heaters; (ii) supply small generation units or solar water heaters; (iii) create or trade in small-scale technology certificates; and (b) has a code of conduct that is binding on persons who are accredited by, or members of, the organisation; and (c) monitors compliance with the code of conduct and is able to take action against a person who is accredited by, or a member of, the organisation for a breach of the code (such as by suspending the person’s accreditation or membership). Examples: 1 Clean Energy Council 2 REC Agents Association Incorporated (ABN 950 64 032 965). 8 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Renewable energy certificates Part 2 Accreditation Division 2.1

Regulation 3S Division 2.1—Accreditation 3S Final day for including eligible WCMG in application For subsection 13(2A) of the Act, 1 April 2012 is prescribed as the day after which an application that lists eligible WCMG as an eligible energy source cannot be made. 4 Eligibility for accreditation (1) For paragraph 14(2)(b) of the Act: (a) a power station that is in the national electricity market must use NEM standard metering; and (b) a power station that is not in the national electricity market must use metering that enables the Regulator to determine the amount of electricity generated by the power station; and (c) the power station must be operated in accordance with any relevant Commonwealth, State, Territory or local government planning and approval requirements. (2) For subsection 14(4) of the Act, the guidelines are set out in Schedule 1. 5 1997 eligible renewable power baselines For subsection 14(4) of the Act, the guidelines for determining the 1997 eligible renewable power baseline for a power station are set out in Schedule 3. Note: See section 30F of the Act and Division 2.6 of these Regulations in relation to varying the 1997 eligible renewable power baseline for an accredited power station. 5A 2008 WCMG limit For subsection 14(4) of the Act, the guidelines for determining the 2008 WCMG limit for a power station are set out in Schedule 3A. Note: See section 30G of the Act and Division 2.7 of these Regulations in relation to varying the 2008 WCMG limit for an accredited power station. Renewable Energy (Electricity) Regulations 2001 9 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 2 Renewable energy certificates Division 2.2 Eligible renewable energy sources

Regulation 6 Division 2.2—Eligible renewable energy sources 6 Meaning of certain energy sources that are eligible renewable energy sources (Act s 17) For subsections 17(3) and (4) of the Act: agricultural waste means the putrescible biomass wastes produced during agricultural operations, including livestock husbandry. biomass-based components of municipal solid waste means the biomass-based components of wastes that are directly sourced from, or eligible to be disposed of in, landfill or a waste transfer station that is licensed by a State or Territory government body or by a local government authority, but does not include biomass-based components of wastes originating from: (a) forestry or broadacre land clearing for agriculture, silviculture and horticulture operations; or (b) fossil fuels. black liquor means the mixture arising from the chemical wood pulping process. hot dry rock includes hot fractured rock. landfill gas means the gas produced by the breaking down of the organic part of municipal landfills. sewage gas means gas produced by the decomposition of domestic and commercial wastes that are collected from sewerage systems and treated by sewage treatment plants. waste from processing of agricultural products means the biomass waste produced from processing agricultural products. 7 Meaning of certain energy sources that are not eligible renewable energy sources (Act s 17) For subsection 17(3) of the Act: fossil fuels means any of the following: (a) coal, oil, natural gas or other petroleum-based products; (b) products, by-products and wastes associated with, or produced from, extracting and processing coal, oil, natural gas or other petroleum-based products. Examples: Condensate liquids, coal seam methane, coal mine methane. waste products derived from fossil fuels means the components of waste streams that: (a) are made using, as raw materials, any material that is a fossil fuel for the Act; and 10 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Renewable energy certificates Part 2 Eligible renewable energy sources Division 2.2

Regulation 8 (b) are products or by-products of manufacturing operations, including plastics, tyres, disposable nappies, synthetic carpets and synthetic textiles. 8 Meaning of wood waste (1) For section 17 of the Act, wood waste means: (a) biomass: (i) produced from non-native environmental weed species; and (ii) harvested for the control or eradication of the species, from a harvesting operation that is approved under relevant Commonwealth, State or Territory planning and approval processes; and (b) a manufactured wood product or a by-product from a manufacturing process; and (c) waste products from the construction of buildings or furniture, including timber off-cuts and timber from demolished buildings; and (d) sawmill residue; and (e) biomass from a native forest that meets all of the requirements in subregulation (2). Examples for paragraph (b): Packing case, pallet, recycled timber, engineered wood product (including one manufactured by binding wood strands, wood particles, wood fibres or wood veneers with adhesives to form a composite). (2) Biomass from a native forest must be: (a) harvested primarily for a purpose other than biomass for energy production; and (b) either: (i) a by-product or waste product of a harvesting operation, approved under relevant Commonwealth, State or Territory planning and approval processes, for which a high-value process is the primary purpose of the harvesting; or (ii) a by-product (including thinnings and coppicing) of a harvesting operation that is carried out in accordance with ecologically sustainable forest management principles; and (c) either: (i) if it is from an area where a regional forest agreement is in force— produced in accordance with any ecologically sustainable forest management principles required by the agreement; or (ii) if it is from an area where no regional forest agreement is in force— produced from harvesting that is carried out in accordance with ecologically sustainable forest management principles that the Minister is satisfied are consistent with those required by a regional forest agreement. (3) For subparagraph (2)(b)(i), the primary purpose of a harvesting operation is taken to be a high-value process only if the total financial value of the products of the high-value process is higher than the financial value of other products of the harvesting operation. Renewable Energy (Electricity) Regulations 2001 11 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 2 Renewable energy certificates Division 2.2 Eligible renewable energy sources

Regulation 9 (4) In this regulation: ecologically sustainable forest management principles means the following principles that meet the requirements of ecologically sustainable development for forests: (a) maintenance of the ecological processes within forests, including the formation of soil, energy flows, and the carbon, nutrient and water cycles; (b) maintenance of the biological diversity of forests; (c) optimisation of the benefits to the community from all uses of forests within ecological constraints. high-value process means the production of sawlogs, veneer, poles, piles, girders, wood for carpentry or craft uses, or oil products. 9 Energy crops (Act s 17) (1) For section 17 of the Act, biomass from a plantation is not an energy crop unless all of the following apply to it: (a) it must be a product of a harvesting operation (including thinnings and coppicing) approved under relevant Commonwealth, State or Territory planning and approval processes; (b) it must be biomass from a plantation that is managed in accordance with: (i) a code of practice approved for a State under regulation 4B of the Export Control (Unprocessed Wood) Regulations; or (ii) if a code of practice has not been approved for a State as required under subparagraph (i), Australian Standard AS 4708—2007—The Australian Forestry Standard; (c) it must be taken from land that was not cleared of native vegetation after 31 December 1989 to establish the plantation. (2) For section 17 of the Act, biomass from a native forest is not an energy crop. 10 Special requirements—ocean, wave and tide Electricity generated from an ocean, wave or tide energy source must be generated within the territorial sea of Australia. 12 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Renewable energy certificates Part 2 Eligible WCMG Division 2.2A

Regulation 10A Division 2.2A—Eligible WCMG 10A Eligible WCMG starting day (1) For subparagraph 17A(1)(a)(i) of the Act, 1 July 2012 is prescribed as the starting day. (2) However, subregulation (1) does not take effect if section 3 of the Clean Energy Act 2011 does not commence on or before 1 July 2012. 10B Meaning of waste coal mine gas (1) This regulation is made for subsection 17A(2) of the Act. (2) For the purposes of the Act, waste coal mine gas means either of the following: (a) coal seam gas that, as part of a coal mining operation, is drained from a coal mine that is covered by a coal mining lease (however called) that authorises coal mining; (b) coal seam gas that is drained from a closed coal mine that is, or was, covered by a coal mining lease (however called) that authorises coal mining. 10C Limitations on eligible WCMG For subsection 17A(3) of the Act, waste coal mine gas is not eligible WCMG if: (a) an abatement certificate under the Electricity Supply Act 1995 (NSW); or (b) a gas electricity certificate under the Electricity Act 1994 (Qld); or (c) an abatement certificate under the Electricity (Greenhouse Gas Emissions) Act 2004 (ACT); is created in relation to electricity generated using the waste coal mine gas. Renewable Energy (Electricity) Regulations 2001 13 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 2 Renewable energy certificates Division 2.3 Eligible electricity generation

Regulation 13 Division 2.3—Eligible electricity generation Subdivision 2.3.1—Accredited power stations 13 Working out electricity generation for a power station For subsection 18(3) of the Act, the amount of electricity generated by an accredited power station is worked out in accordance with regulations 14 to 16. 14 General formula (1) The amount of electricity generated by an accredited power station in a year is:  TLEG - FSL + AUX +  DLEG  1 - MLF    where: TLEG is the total amount of electricity, in MWh, generated by the power station in the year, as measured at all generator terminals of the power station in the year. FSL is the amount (if any) of electricity, in MWh, generated by the power station in the year using energy sources that are not eligible energy sources, worked out under regulation 15. AUX is the auxiliary loss, in MWh, for the power station for the year. Note: See regulation 16 in relation to working out the auxiliary loss if some of the electricity generated by the power station in the year was generated using energy sources that are not eligible energy sources. DLEG is the amount of electricity, in MWh, transmitted or distributed by the power station in the year, measured: (a) if the power station is part of the national electricity market—at the point determined under the National Electricity Rules; or (b) in any other case—at the point determined by an authority of the State or Territory where the power station is. MLF is the marginal loss factor, to allow for the amount of electricity losses in transmission networks, as determined by: (a) if the power station is part of the national electricity market—AEMO; or (b) in any other case—an authority of the State or Territory where the power station is. (2) If all the electricity generated by the accredited power station is used in the power station, or in the local distribution network, or in both the power station and the local distribution network, the marginal loss factor (MLF) for subregulation (1) is taken to be 1. 14 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Renewable energy certificates Part 2 Eligible electricity generation Division 2.3

Regulation 15 (3) If the amount calculated using the formula in subregulation (1) exceeds 1 MWh and results in an amount that is not a whole MWh, the amount must be rounded down to the nearest MWh. 15 Ineligible fuel component For the purpose of regulation 14, the amount (FSL) of electricity generated by an accredited power station attributable to energy sources that are not eligible energy sources is the amount worked out by converting the energy content of those energy sources into the equivalent number of MWh of electricity. 15A Electricity omitted from calculation When determining the amount of electricity generated by an accredited power station, the following electricity is to be omitted from all calculations under regulation 14: (a) electricity that was generated by using an eligible renewable energy source that is not ecologically sustainable; (b) electricity that was not used to directly meet demand for electricity; (c) electricity generated in a power station where an approval to use an eligible energy source: (i) is required by a Commonwealth, State, Territory or local government authority; and (ii) the nominated person for the power station is unable to give evidence of that approval; (d) if certificates have been created in relation to a small generation unit under section 23A of the Act—electricity that was generated by the small generation unit. Note: Ecologically sustainable is defined in subsection 5(1) of the Act. 16 Supplementary generation For electricity generated by the power station from an energy source that is not an eligible energy source, auxiliary losses from the system that are attributable to that source are to be deducted from the total auxiliary loss proportionately to the proportion of electricity generated from that source. 18 Electricity generation returns for accredited power stations (Act s 20) (1) For paragraph 20(2)(d) of the Act, an electricity generation return for an accredited power station for a year must include the following: (a) the year to which the return relates; (b) the nominated person’s registration number; (c) the identification code given to the power station; (d) the telephone number, fax number and e-mail address (if any) of the power station; Renewable Energy (Electricity) Regulations 2001 15 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 2 Renewable energy certificates Division 2.3 Eligible electricity generation

Regulation 18 (e) for each eligible energy source used by the power station to generate electricity in the year: (i) the amount of electricity generated; and (ii) the number of certificates created by the nominated person for that electricity; (f) any changes to information already given to the Regulator or the Renewable Energy Regulator about the following matters in relation to the power station: (i) ownership; (ii) company mergers involving the owner or the operator; (iii) street address, telephone number, fax number and e-mail address (if any); (iv) electricity supply arrangements; (v) generation capacity; (g) the 1997 eligible renewable power baseline that applied to the power station for the year; (h) the date when the power station became an accredited power station; (i) if the power station was not an accredited power station for all of the year: (i) the amount of electricity generated by the power station since it became accredited; and (ii) the number of certificates created by the nominated person for that amount of electricity; (j) if a certificate was created in the year for an amount of electricity generated by the power station in a previous year: (i) the number of certificates created by the nominated person for the amount of electricity generated in each previous year; and (ii) each eligible energy source used to generate that electricity; (k) information about any electricity that was imported into the power station in the year and how it was used; (l) details of any breach of the conditions of a permit, or conviction for an offence, under any Commonwealth, State, Territory or local government law related to the operation of the power station during the year, or, if there was no breach or conviction during the year, a declaration to that effect. (2) The first return for an accredited power station after commencement of this regulation must also include the following: (a) for the years since gaining any accreditation under the Act, details of any breach of the conditions of a permit, or conviction for an offence, under any Commonwealth, State, Territory or local government law related to operation of the power station; (b) if there was no breach or conviction for those years, a declaration to that effect. Note: See subsection 20(2) of the Act for other information that must be included in an electricity generation return. 16 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Renewable energy certificates Part 2 Eligible electricity generation Division 2.3

Regulation 19 Subdivision 2.3.2—Solar water heaters 19 Creation of certificates for solar water heaters (Act s 21) (1) For subsection 21(3) of the Act, the time at which a solar water heater is taken to have been installed is the day the heater is first able to produce and deliver hot water heated by solar energy. (2) To avoid doubt, a solar water heater is taken to have been installed once only during the life of the unit. Note: Subsection 2(2) of the Act provides that certificates may be created only within 12 months after the installation of the solar water heater. 19A Number of certificates (1) For subsection 22(1) of the Act, the number of certificates that may be created for a particular installation of a model of solar water heater in a particular zone and installation period is: (a) for a solar water heater with a volumetric storage capacity up to and including 700 litres—the number set out in the Register of solar water heaters that is applicable to the model, zone and period; and (b) for a solar water heater with a volumetric storage capacity over 700 litres— either: (i) if the person who is entitled to create the certificates complies with subregulation (2)—the number set out in the Register of solar water heaters that is applicable to the model, zone and period; or (ii) if the person who is entitled to create the certificates does not comply with subregulation (2)—0. Note: Certificates cannot be created for a solar water heater that is an air source heat pump water heater if it has a volumetric capacity of more than 425 L—see subsection 21(4) of the Act. (2) For paragraph (1)(b), the person who is entitled to create the certificates complies with this subregulation if, before the person creates any certificates in relation to the solar water heater, the person: (a) obtains a statutory declaration that states the matters set out in subregulation (3); and (b) obtains a further statutory declaration from the owner of the heater at the time it is installed stating that the owner intends that the solar water heater will remain installed in its original configuration and location for the life of the heater; and (c) gives a copy of both statutory declarations to the Regulator. (3) For subregulation (2) the statutory declaration must state: (a) the model of the solar water heater; and (b) the volumetric storage capacity of the heater; and (c) the premises at which the heater is to be installed and used; and Renewable Energy (Electricity) Regulations 2001 17 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 2 Renewable energy certificates Division 2.3 Eligible electricity generation

Regulation 19B (d) the purposes for which the heater, and the hot water produced by the heater, are to be used; and (e) that the volumetric storage capacity of the heater is appropriate for the premises at which the heater is to be installed and the purposes for which the heater, and the hot water produced by the heater, are to be used; and (f) the expertise or experience of the person signing the declaration in relation to a heater of the kind covered by the declaration. 19B Determination of method for determining number of certificates (1) For subsection 22(1) of the Act, the Regulator may determine, by legislative instrument, the method to be used to determine the number of certificates that may be created for a particular model of solar water heater. (2) The determination must provide that the number of certificates that may be created is to be worked out by reference to the difference, over the number of years specified for the solar water heater in regulation 19BE, between: (a) the energy, other than solar energy or energy collected from the latent and sensible heat of the atmosphere, to be used by the solar water heater; and (b) the electrical energy that would be used by an equivalent electric water heater. (3) For subregulation (2), an electric water heater is an equivalent electric water heater if it: (a) supplies the same, or a similar, hot water load as the solar water heater mentioned in paragraph (2)(a); and (b) is not a heat pump. (4) In making the determination, the Regulator must have regard to the method set out in the Australian Standard, set out in Schedule 4, as in force at the time the determination is made that applies to the solar water heater. (5) In making the first determination under subregulation (1), the Regulator must have regard to: (a) the guidelines known as REC calculation methodology for solar water heaters and heat pump water heaters with a volumetric capacity up to and including 700 litres, published by the Regulator on its website, as in force at the time the determination is made; and (b) the guidelines known as REC calculation methodology for solar water heaters and heat pump water heaters with a volumetric capacity over 700 litres, published by the Regulator on its website, as in force at the time the determination is made. 19BA Determination of number of certificates (1) For subsection 22(1) of the Act, the Regulator may determine the number of certificates that may be created for a particular model of solar water heater in each of the zones mentioned in paragraph 19C(3)(b). 18 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Renewable energy certificates Part 2 Eligible electricity generation Division 2.3

Regulation 19BB (2) In making the determination, the Regulator must: (a) if a determination under subregulation 19B(1) is in force—make the determination in accordance with that determination; and (b) if there is no determination under subregulation 19B(1) in force— determine the number of certificates using the method in subregulation (3). (3) For paragraph (2)(b), the number of certificates that may be created is to be worked out: (a) by reference to the difference, over the number of years specified for the solar water heater in regulation 19BE, between: (i) the energy, other than solar energy or energy collected from the latent and sensible heat of the atmosphere, to be used by the solar water heater; and (ii) the electrical energy that would be used by an equivalent electric water heater; and (b) having regard to the following, as in force at the time of the determination: (i) AS/NZS 2535.1:2007, Test methods for solar collectors, Part 1: Thermal performance of glazed liquid heating collectors including pressure drop; and (ii) AS 4234—1994, Solar water heaters—Domestic and heat pump— Calculation of energy consumption; and (iii) AS/NZS 4692.1:2005, Electric water heaters, Part 1: Energy consumption, performance and general requirements; and (c) if the solar water heater has a volumetric capacity up to and including 700 litres—having regard to the guidelines known as REC calculation methodology for solar water heaters and heat pump water heaters with a volumetric capacity up to and including 700 litres, published by the Regulator on its website, as in force at the time the determination is made; and (d) if the solar water heater has a volumetric capacity over 700 litres—having regard to the guidelines known as REC calculation methodology for solar water heaters and heat pump water heaters with a volumetric capacity over 700 litres, published by the Regulator on its website, as in force at the time the determination is made. (4) For subregulation (3), an electric water heater is an equivalent electric water heater if it: (a) supplies the same, or a similar, hot water load as the solar water heater mentioned in subparagraph (3)(a)(i); and (b) is not a heat pump. 19BB Variation of determination (1) This regulation applies if the Regulator proposes to make a determination under regulation 19BA which would vary the information contained in the Register of solar water heaters. Renewable Energy (Electricity) Regulations 2001 19 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 2 Renewable energy certificates Division 2.3 Eligible electricity generation

Regulation 19BC (2) Before making the determination, the Regulator must: (a) tell the manufacturer of the solar water heater, in writing: (i) what information the Regulator proposes to vary and how it would be varied; and (ii) the reason for the proposed variation; and (b) invite the manufacturer to make written submissions about the proposed variation; and (c) take into account any submissions received from the manufacturer when deciding whether to make the determination. (3) The Regulator must not make a determination that would vary the information contained in the Register of solar water heaters in relation to a device entered into the Register before 1 December 2018, if the effect of the determination would be: (a) to increase, to more than 2,500 from a number less than or equal to 2,500, the number of certificates that could be created over a 10-year period for the installation of the device in any one or more of the zones; or (b) to increase, from a number more than 2,500, the number of certificates that could be created over a 10-year period for the installation of the device in any one or more of the zones. 19BC Requests for determination (1) A person may request the Regulator to make a determination under regulation 19BA. (2) The request must: (a) be in writing in a form approved by the Regulator; and (b) contain, or be accompanied by, any information or document required by the approved form; and (c) be given to the Regulator within the 30 day period mentioned in paragraph 19BD(2)(b). (3) The Regulator may, by written notice given to the person, request the person to give the Regulator, within the period specified in the notice, additional information and documents in connection with the request. (4) If the person does not provide the additional information and documents within the specified period, the Regulator may, by written notice to the person: (a) refuse to consider the request; or (b) refuse to take any action, or further action, in relation to the request. (5) The Regulator must consult with the person making the request if the Regulator proposes: (a) not to make the requested determination; or (b) to include information in the determination that is different to the information contained in the request. (6) The Regulator must tell the person about the Regulator’s decision on the request: 20 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Renewable energy certificates Part 2 Eligible electricity generation Division 2.3

Regulation 19BD (a) in writing; and (b) not later than 180 days after the expiry of 30 day period mentioned in paragraph (2)(c). 19BD Invitation for requests for determination (1) The Regulator must, at intervals of not more than 6 months, invite persons to make requests under subregulation 19BC(1). (2) The invitation must: (a) be published on the Regulator’s website; and (b) include a 30 day period in which requests are to be made. 19BE Working out number of certificates that may be created For subregulation 19B(2) and paragraph 19BA(3)(a), the number of years specified is: (a) for a solar water heater installed on or before 31 December 2021—10 years; and (b) for a solar water heater installed during a year mentioned in column 1 of the following table, the number of years specified in column 2 for the item. Period certificates may be created Item Column 1 Column 2 Year solar water heater installed Number of years 1 2022 9 2 2023 8 3 2024 7 4 2025 6 5 2026 5 6 2027 4 7 2028 3 8 2029 2 9 2030 1 19C Register of solar water heaters (Act s 23AA) (1) The Regulator must establish and keep a register to be known as the Register of solar water heaters. (2) The Regulator must keep the Register in electronic form. (3) The Regulator must include the following information in the Register: (a) the brand name and the model name of each solar water heater for which certificates may be created (an eligible solar water heater); Renewable Energy (Electricity) Regulations 2001 21 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 2 Renewable energy certificates Division 2.3 Eligible electricity generation

Regulation 19D (b) zones in Australia determined by the Regulator: (i) on the basis of climate and solar radiation levels; and (ii) by reference to a range of postcodes, taking account of each postcode area in Australia; (c) the number of certificates that may be created for each eligible solar water heater in each zone; (d) the installation periods in which certificates may be created for each eligible solar water heater. (3A) The Regulator must remove from the Register any device that is not a solar water heater. (4) The Register must be accessible on a website kept by the Regulator. Subdivision 2.3.3—Small generation units 19D Creation of certificates for small generation units (Act s 23A) (1) For subsection 23A(2) of the Act, the time at which a small generation unit is taken to have been installed is the day the unit is first able to produce and deliver electricity. (2) For subsection 23A(3) of the Act, a right to create certificates for a small generation unit arises: (a) for a unit installed during a year mentioned in column 1 of the following table, within 12 months of installation and for a period mentioned in column 2 for the item; or Period certificates may be created Item Column 1 Column 2 Year unit installed Period 1 before 2026 1 or 5 years 2 2026 1 or 5 years 3 2027 1 or 4 years 4 2028 1 or 3 years 5 2029 1 or 2 years 6 2030 1 year (b) if a right was previously exercised for a 1 year period under paragraph (a), the start of each subsequent 1 year period after installation that begins during a year mentioned in column 1 of the table in paragraph (a) for the additional period mentioned in column 2 for the item; or (c) if: (i) a right was previously exercised for a 5 year period under paragraph (a); and 22 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Renewable energy certificates Part 2 Eligible electricity generation Division 2.3

Regulation 20 (ii) the Regulator is satisfied that the unit is still installed and likely to remain functional for a further 5 years; the start of each subsequent 5 year period that begins on or before 31 December 2025 for a further 5 year period; or (d) if: (i) the unit is a solar (photovoltaic) system; and (ii) no certificate has been created for the unit under paragraph (a), (b) or (c); for a unit installed during a year mentioned in column 1 of the following table, within 12 months of installation and for the period mentioned in column 2 for the item. Period certificates may be created Item Column 1 Column 2 Year solar (photovoltaic) system installed Period in years 1 before 2016 15 2 2016 15 3 2017 14 4 2018 13 5 2019 12 6 2020 11 7 2021 10 8 2022 9 9 2023 8 10 2024 7 11 2025 6 12 2026 5 13 2027 4 14 2028 3 15 2029 2 16 2030 1 (3) Where a right to create certificates has been exercised under the period specified for the unit in paragraph (2)(d), no additional right to create certificates arises. 20 Number of certificates that may be created (Act s 23B) (1) For subsection 23B(1) of the Act, the number of certificates that may be created for a small generation unit, in the circumstances mentioned in regulation 20AC, is the number that may be created: (a) for a hydro-electric system—for the amount calculated by multiplying 0.00095 by the rated power output of the system, measured in kW, multiplied by: Renewable Energy (Electricity) Regulations 2001 23 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 2 Renewable energy certificates Division 2.3 Eligible electricity generation

Regulation 20 (i) 4 000; or (ii) the number of hours each year of hydro resource availability if those hours are greater than 4 000. (b) for a solar (photovoltaic) system—for the amount calculated by multiplying the zone rating of the system (worked out in accordance with an instrument made under subregulation (4) as existing from time to time) by the rated power output of the system measured in kilowatts-peak (kWp); or (c) for a wind turbine—for the amount calculated by multiplying 0.00095 by the rated power output of the system, measured in kW, multiplied by: (i) 2 000; or (ii) the number of hours each year of wind resource availability if those hours are greater than 2 000. Note: Small generation unit is defined in subregulation 3(2). For certificates in relation to installations other than small generation units, see Divisions 2 and 3 of Part 2 of the Act. (2) For subregulation (1), the number of certificates worked out for an installation is: (a) if the amount of electricity generated that is in excess of the 1997 renewable energy baseline for the small generation unit is at least 0.5 MWh but less than 1 MWh—1; and (b) in any other case—the number calculated under subregulations (2A) and (2B). (2A) If a small generation unit has a rated power output of more than 1.5kW (output power), and is not a unit to which subregulation (2C) or (2E) applies, the number of certificates created for the unit is to be calculated as follows: (a) by first adding together: (i) the number of certificates created for the first 1.5 kW of the unit’s output power (as multiplied in accordance with regulation 20AA); and (ii) the number of certificates created for the remainder of the unit’s output power; and (b) then by rounding down the number of certificates arrived at under paragraph (a) to the nearest whole number. (2B) If the small generation unit has a rated power output of 1.5kW or less, and is not a unit to which subregulation (2E) applies, the number of certificates created for the unit is to be calculated as follows: (a) by first multiplying the number of certificates in accordance with regulation 20AA; and (b) then by rounding down the number of certificates arrived at under paragraph (a) to the nearest whole number. (2C) This subregulation applies to a small generation unit if: (a) the unit: (i) has a rated power output of more than 20 kW (output power); and (ii) is an off-grid small generation unit; and 24 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Renewable energy certificates Part 2 Eligible electricity generation Division 2.3

Regulation 20 (iii) was installed after 28 June 2010 and before 1 July 2013; and (b) at the time the certificates are created, the number of multiplier certificates created for off-grid small generation units installed in the period in which the unit is installed does not equal or exceed the maximum number mentioned in subregulation (2G) for the period; and (c) the creation of certificates for the unit will not cause the number of multiplier certificates created for off-grid small generation units installed in the period in which the unit was installed to exceed the maximum number mentioned in subregulation (2G) for the period. (2D) The number of certificates created for a unit to which subregulation (2C) applies is to be worked out: (a) by adding together: (i) the number of certificates created for the first 20 kW of the unit’s output power (as multiplied in accordance with regulation 20AA); and (ii) the number of certificates created for the remainder of the unit’s output power; and (b) by rounding down the number of certificates worked out under paragraph (a) to the nearest whole number. (2E) This subregulation applies to a small generation unit if: (a) the unit: (i) has a rated power output of 20 kW or less; and (ii) is an off-grid small generation unit; and (iii) was installed after 28 June 2010 and before 1 July 2013; and (b) at the time the certificates are created, the number of multiplier certificates created for off-grid small generation units installed in the period in which the unit is installed does not equal or exceed the maximum number mentioned in subregulation (2G) for the period; and (c) the creation of certificates for the unit will not cause the number of multiplier certificates created for off-grid small generation units installed in the period in which the unit is installed to exceed the maximum number mentioned in subregulation (2G) for the period. (2F) The number of certificates created for a unit to which subregulation (2E) applies is to be worked out: (a) by multiplying the number of certificates in accordance with regulation 20AA; and (b) by rounding down the number of certificates worked out under paragraph (a) to the nearest whole number. (2G) For paragraphs (2C)(b) and (2E)(b), the maximum number of multiplier certificates that may be created for off-grid small generation units installed in a period is the number mentioned in the following table for the period. Renewable Energy (Electricity) Regulations 2001 25 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 2 Renewable energy certificates Division 2.3 Eligible electricity generation

Regulation 20AA Item Period Number 1 1 July 2010 to 30 June 2011 250 000 2 1 July 2011 to 30 June 2012 250 000 3 1 July 2012 to 30 June 2013 200 000 (2H) If subregulation (2C) or (2E) does not apply to a small generation unit only because paragraph (2C)(c) or (2E)(c) does not apply to the unit, the number of certificates that may be created for the unit is the sum of: (a) the number that may be created for the unit under paragraph (2A) or (2B); and (b) the number of certificates that would cause the number of multiplier certificates created for off-grid small generation units installed in the period in which the unit was installed to equal the maximum number mentioned in subregulation (2G) for the period. (2I) For paragraphs (2C)(b) and (c) and (2E)(b) and (c), a certificate that the Regulator determines is not eligible for registration is not to be included in the number of multiplier certificates created for the period for off-grid small generation units installed in the period. (2J) For this regulation: multiplier certificates, for off-grid small generation units installed in a period mentioned in the table in subregulation (2G), means the certificates created for units using the multiplier in subregulation 20AA(2), other than the certificates that would have been created were the multiplier applied only to the first 1.5 kW of the rated power output for those units. (3) For subparagraph (1)(a)(ii), hydro resource availability of more than 4 000 hours each year must be demonstrated by a site-specific assessment. (4) The Regulator may, by legislative instrument, prescribe zone ratings of solar (photovoltaic) systems, and zones, for the purposes of paragraph (1)(b). (5) For paragraph (1)(c)(ii), wind resource availability of more than 2 000 hours each year must be demonstrated by a site-specific wind audit. 20AA Multiplying number of certificates (Act s 23B) (1) For subsections 23B(2) and (3) of the Act, subregulation (2) sets out the multiplier for certificates that may be created for a small generation unit in the circumstances set out in subregulation (3). (2) Subject to subregulation (3), the number of certificates that may be created in relation to a small generation unit that is installed during a period specified in column 1 of an item in the following table is to be multiplied by the number in column 2 of the item. Multiplier for certificates for small generation units 26 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Renewable energy certificates Part 2 Eligible electricity generation Division 2.3

Regulation 20AA Column 1 Column 2 Item Period Number 1 9 June 2009 to 30 June 2010 5 2 1 July 2010 to 30 June 2011 5 3 1 July 2011 to 30 June 2012 3 4 1 July 2012 to 30 June 2013 2 Note: The certificates are created in accordance with regulations 19D and 20. (3) The number of certificates is to be multiplied in accordance with subregulation (2): (a) only if: (i) the small generation unit in respect of which the certificates are created is installed at eligible premises: (A) during a period mentioned in the table in subregulation (2); and (B) in the circumstances mentioned in regulation 20AAA; and (ii) at the time the small generation unit is installed at the eligible premises, there is no pre-approval or funding agreement in force in respect of the unit under the SHCP, the RRPGP or the NSSP and no financial assistance has been provided in respect of the unit under the SHCP, the RRPGP or the NSSP; and (iii) at the time the small generation unit is installed at the eligible premises, financial assistance under the SHCP, the PVRP, the RRPGP or the NSSP has not been approved or provided in respect of any other small generation unit at the eligible premises; and (iv) the small generation unit is a new and complete unit; and (v) at the time the small generation unit is installed at eligible premises, certificates have not been multiplied under subregulation (2) in respect of any small generation unit at the premises; and (b) on 1 occasion only, irrespective of whether the certificates are created for a 1-year period, a 5-year period or a 15-year period; and (c) only if the certificates relate to: (i) for a unit to which subregulation 20(2C) or (2E) applies—the first 20 kW of the rated power output of the unit; or (ii) for any other unit—the first 1.5 kW of the rated power output of the unit. (4) For subparagraph (3)(a)(iv), a small generation unit is a complete unit if: (a) the unit is capable of generating electricity in a form that is usable at the eligible premises where it is installed without the need for an additional part or parts to be added to or incorporated into the unit; and (b) either: (i) the unit is wired directly to the eligible premises where the unit is installed so that its output is capable of being metered at those premises; or Renewable Energy (Electricity) Regulations 2001 27 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 2 Renewable energy certificates Division 2.3 Eligible electricity generation

Regulation 20AAA (ii) the unit includes a meter that is dedicated to measuring the electricity output of the unit. (5) In this regulation: eligible premises means any of the following: (a) a house (including the land on which the house is located and any outbuildings on the land); (b) a townhouse; (c) a residential apartment; (d) a shop (including the land on which the shop is located and any outbuildings on the land); (e) premises, other than premises mentioned in paragraphs (a) to (d), that are located at an address. NSSP means the program known as the National Solar Schools Program administered by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999. PVRP means the program known as the Photovoltaic Rebate Program administered by the Australian Greenhouse Office. RRPGP means the program known as the Renewable Remote Power Generation Program administered by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999. SHCP means the program known as the Solar Homes and Communities Plan administered by the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999. 20AAA Further circumstances for multiplying number of certificates (1) For subparagraph 20AA(3)(a)(i), the small generation unit must be installed: (a) before 1 January 2013; or (b) on or after 1 January 2013 but before 1 July 2013 and in the circumstances mentioned in subregulation (2). (2) For paragraph (1)(b), the circumstances are: (a) the unit is installed under a contract entered into before 16 November 2012; and (b) the parties to the contract are legally bound to proceed with the contract on and after 16 November 2012; and (c) if the contract is conditional on any event happening, the event happened before 16 November 2012; and (d) the person who becomes the owner of the unit following its installation is a party to the contract; and (e) the contract documentation identifies: (i) the date the contract was entered into; and 28 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Renewable energy certificates Part 2 Eligible electricity generation Division 2.3

Regulation 20AAA (ii) the identity of each party to the contract; and (iii) the address at which the unit is to be 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 (3) before creating certificates for the unit. (3) For paragraph (2)(f), the entitled person must: (a) possess contract documentation identifying the matters mentioned in paragraph (2)(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 (2)(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. (4) An entitled person may provide one statutory declaration under paragraph (3)(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. (5) However a statutory declaration provided under paragraph (3)(c) must relate to one unit only. (6) For paragraph (3)(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. (7) In this regulation: Renewable Energy (Electricity) Regulations 2001 29 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 2 Renewable energy certificates Division 2.3 Eligible electricity generation

Regulation 20AB 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—written documentation that was created and dated before 22 December 2012, evidencing the existence of the contract. 20AB Regulator may make determinations about particular premises (1) For the purposes of paragraph (e) of the definition of eligible premises in subregulation 20AA(5), the Regulator may, by legislative instrument, determine that: (a) specified premises are premises located at an address; or (b) specified premises are not premises that are located at an address. (2) The Regulator must publish details of any determination made by the Regulator on the Regulator’s website. 20AC Requirements for creation of certificates (1) For subregulation 20(1), this regulation sets out the circumstances in which certificates may be created for a small generation unit. (2) The unit was designed and installed by a person or persons: (a) if the unit is a stand-alone power system—accredited for stand-alone power systems under the Australian Business Council for Sustainable Energy accreditation scheme (the ABCSE accreditation scheme) or the Clean Energy Council accreditation scheme (the CEC accreditation scheme); and (b) if the unit is a grid-connected power system—accredited for grid-connected power systems under the ABCSE accreditation scheme or the CEC accreditation scheme; and (c) if the unit is a wind system—endorsed for wind systems under the ABCSE accreditation scheme or the CEC accreditation scheme; and (d) if the unit is a hydro system—endorsed for hydro systems under the ABCSE accreditation scheme or the CEC accreditation scheme; and (e) who is not, or who are not, the subject of a declaration under regulation 47. (3) The electrical wiring associated with the installation of the unit was undertaken by an electrical worker holding an unrestricted license for electrical work issued by the State or Territory authority for the place where the unit was installed. (4) All local, State or Territory government requirements have been met for: (a) the siting of the unit; and (b) if the unit is attached to a building or structure—the attachment of the unit to the building or structure; and (c) if the unit is grid-connected—the grid connection of the system. (5) Before any certificates are created for the unit, the person who is entitled to create the certificates for the unit obtains: 30 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Renewable energy certificates Part 2 Eligible electricity generation Division 2.3

Regulation 20AC (a) a written statement by the installer of the unit stating: (i) the name of the designer and of the installer of the unit; and (ii) the ABCSE accreditation scheme or CEC accreditation scheme classification and accreditation number of the installer and designer of the unit; and (iii) that the installer has public liability insurance of at least $5 million; and (iv) that the installer: (A) is bound by the Clean Energy Council’s Code of Conduct; and (B) has complied with that code of conduct for the installation of the unit; and (b) a written statement by the owner or installer of the unit that all local, State or Territory government requirements have been met for: (i) the siting of the unit; and (ii) if the unit is attached to a building or structure—the attachment of the unit to the building or structure; and (iii) if the unit is grid-connected—the grid connection of the system; and (c) a copy of any documentation required, by the laws of the jurisdiction in which the unit was installed, to be provided to the owner of the unit certifying that the electrical installation of the unit complies with laws relating to safety and technical standards; and (d) a written statement by the installer of the unit that the installation complies with the following as in force from time to time: (i) AS/NZS 3000, Wiring Rules; (ii) AS/NZS 1768, Lightning protection; (iii) if the unit is an on-grid system—AS 4777, Grid connection of energy systems via inverters; and (e) for a unit that is a solar (photovoltaic) system: (i) a written statement by the installer of the unit that the installation complies with the following as in force from time to time: (A) AS/NZS 5033, Installation of photovoltaic (PV) arrays; (B) AS/NZS 1170.2, Structural design actions, Part 2: Wind actions; and (C) if the unit is an off-grid system—AS/NZS 4509.1, Stand-alone power systems, Part 1: Safety and installation and AS 4086.2, Secondary batteries for use with stand-alone power systems, Part 2: Installation and maintenance; and (ii) a written statement by the installer of the unit that the installer has at the time of the installation used a model of a photovoltaic module listed in AS/NZS 5033 Compliant PV Modules as in force from time to time and available at http://www.cleanenergycouncil.org.au; and (iii) if the system uses an inverter—a written statement by the installer of the unit that the installer has at the time of the installation used a model of grid-connect inverter listed in Tested and Approved Grid Renewable Energy (Electricity) Regulations 2001 31 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 2 Renewable energy certificates Division 2.3 Eligible electricity generation

Regulation 20A Connected Inverters as in force from time to time and available at http://www.cleanenergycouncil.org.au; and (f) for a unit that is a wind system—a written statement by the installer of the unit that the installation complies with the following as in force from time to time: (i) AS/NZS 1170.2, Structural design actions, Part 2: Wind actions; (ii) if the unit is an off-grid system—AS/NZS 4509.1, Stand-alone power systems, Part 1: Safety and installation and AS 4086.2, Secondary batteries for use with stand-alone power systems, Part 2: Installation and maintenance. Note: For subparagraph (a)(iv), the Clean Energy Council’s Code of Conduct is available at http://www.cleanenergycouncil.org.au. (6) Subregulation (3) does not apply to electrical wiring if: (a) the unit is not grid-connected; and (b) the wiring does not involve alternating current of 50 or more volts; and (c) the wiring does not involve direct current of 120 or more volts; and (d) before any certificates are created for the unit, the person who is entitled to create the certificates for the unit obtains a written statement by the installer of the unit that: (i) the unit is not grid-connected; and (ii) an electrical worker holding an unrestricted license for electrical work issued by the State or Territory authority for the place where the unit was installed undertook all wiring of the unit that involves: (A) alternating current of 50 or more volts; or (B) direct current of 120 or more volts. 20A Assignment of small generation unit certificates (Act s 23C) For subsection 23C(2) of the Act, a right to create a certificate for a small generation unit under regulation 19D may be assigned for a 1-, 5- or 15-year period. 20B Election to not create certificates (Act s 23E) For the definition of qualifying small generation unit in subsection 23E(5) of the Act, a kind of small generation unit is a device: (aa) installed before 1 January 2018; and (a) with an energy source that is solar (photovoltaic); and (b) that has a kW rating from 10 kW to 100 kW (inclusive); and (c) that generates from 25 MWh to 250 MWh (inclusive) of electricity each year. 20BA Record keeping for small generation units For paragraph 160(2)(d) of the Act, a registered person must keep any document relevant to ascertaining the matters mentioned in regulation 20AC. 32 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Renewable energy certificates Part 2 Suspension of registration Division 2.5A

Regulation 20CL Division 2.5A—Suspension of registration 20CL Determining fit and proper person For subsection 30A(5A) of the Act, in determining whether a registered person is a fit and proper person, the Regulator must have regard to the matters set out in regulation 3L, as if the reference to the applicant in that regulation were a reference to the registered person. Renewable Energy (Electricity) Regulations 2001 33 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 2 Renewable energy certificates Division 2.5 Suspending accreditation of a power station

Regulation 20DA Division 2.5—Suspending accreditation of a power station 20DA Matters relevant to a decision to suspend the accreditation of a power station (Act s 30D) (1) For subsection 30D(4A) of the Act, the Regulator must have regard to the following matters: (a) whether the excess is material when measured against the baseline applicable to the excess station concerned; (b) whether the shortfall is material when measured against the baseline applicable to the shortfall station concerned; (c) whether the availability or amount of the relevant supply varied during the year for reasons that were beyond the control of the shortfall station or the excess station, as the case may be; (d) whether the pattern of distribution of the relevant supply between the excess station and the shortfall station was occurring before 1 January 1997; (e) whether the primary purpose of the distribution of the relevant supply between the excess station and the shortfall station was to increase the efficiency with which a product other than electricity was produced; (f) the relative energy conversion efficiencies of the excess station and the shortfall station; (g) if the shortfall station was permanently closed or temporarily non-operational during the year—the reasons for the closure or temporary lack of operation of the power station; (h) whether the relevant supply was distributed from the shortfall power station to the excess station for the purpose of displacing fossil fuel use at the excess station. Note 1: Excess station, relevant supply and shortfall station have the same meanings as in section 30D of the Act. Note 2: Eligible renewable energy source and renewable energy certificate have the same meanings as in subsection 5(1) of the Act. (2) In this regulation: material, in relation to an excess or shortfall, means an excess or shortfall greater than 2% of the baseline of the station concerned, or the amount of electricity that would need to be generated to create 2000 renewable energy certificates under the Act, whichever is less. 20D Circumstances for suspending accreditation of an accredited power station (Act s 30E) For subsection 30E(5) of the Act, the Regulator may suspend the accreditation of an accredited power station if: (a) the power station no longer generates electricity using an eligible energy source; or 34 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Renewable energy certificates Part 2 Suspending accreditation of a power station Division 2.5

Regulation 20D (b) the power station is in the national electricity market and no longer uses standard metering that meets the requirements set by the National Electricity Rules; or (c) the power station is not in the national electricity market and no longer uses metering which allows the Regulator to determine the amount of electricity generated by the power station; or (d) both: (i) at least one certificate has been created in relation to electricity generated by the power station using eligible WCMG; and (ii) after the creation of the certificate, one of the following is created in relation to electricity generated by the power station using waste coal mine gas: (A) an abatement certificate under the Electricity Supply Act 1995 (NSW); (B) a gas electricity certificate under the Electricity Act 1994 (Qld); (C) an abatement certificate under the Electricity (Greenhouse Gas Emissions) Act 2004 (ACT). Renewable Energy (Electricity) Regulations 2001 35 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 2 Renewable energy certificates Division 2.6 Varying 1997 eligible renewable power baseline for an accredited power station

Regulation 20E Division 2.6—Varying 1997 eligible renewable power baseline for an accredited power station 20E Circumstances for varying 1997 eligible renewable power baseline for an accredited power station (Act s 30F) Application made to Regulator (1) For subsections 30F(1) and (2) of the Act, the Regulator may vary the 1997 eligible renewable power baseline for an accredited power station if: (a) one or more of the following situations arise: (i) the nominated person for the power station becomes aware that information used to determine the baseline was inaccurate, misleading or incomplete; or (ii) the nominated person for the power station becomes aware of an error in the determination of the baseline; or (iii) an action or policy of the Commonwealth Government reduces the power station’s ability to generate electricity using an eligible energy source for a sustained period (for example, if the action or policy requires water to be diverted from one power station to another power station); and (b) the nominated person makes an application to the Regulator in the manner set out in subregulation (3), to vary the 1997 eligible renewable power baseline; and (c) the Regulator considers the application, taking into account, as appropriate, the matters set out in subregulation (4), and decides that the 1997 eligible renewable power baseline should be varied. On Regulator’s own initiative (2) For subsections 30F(1) and (2) of the Act, the Regulator may, on his or her own initiative, vary the 1997 eligible renewable power baseline for an accredited power station if: (a) the Regulator becomes aware that 1 or more of the following situations has arisen: (i) that information used to determine the baseline was inaccurate, misleading or incomplete; (ii) that there is an error in the determination of the baseline; (iii) an action or policy of the Commonwealth Government reduces the power station’s ability to generate electricity using an eligible energy source for a sustained period (for example, if the action or policy requires water to be diverted from one power station to another power station); and (b) the Regulator gives the nominated person written notice stating: (i) that the Regulator is considering whether to vary the baseline; and (ii) the reasons for the possible variation; and 36 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Renewable energy certificates Part 2 Varying 1997 eligible renewable power baseline for an accredited power station Division 2.6

Regulation 20F (iii) that the nominated person may give to the Regulator, by the date and in the form (if any) specified in the notice, any information that may assist the Regulator in deciding whether to vary the baseline; and (c) the Regulator, having become aware of the situation and taking into account any information provided by the nominated person in response to a notice under paragraph (b), decides that the 1997 eligible renewable power baseline should be varied. Form of application (3) An application by a nominated person for an accredited power station for a variation of the 1997 eligible renewable power baseline for the power station: (a) must be in writing; and (b) must state the circumstance in paragraph (1)(a) on the basis of which the request is made; and (c) must include, or be accompanied by, a statement explaining the reasons why the variation should be made and setting out any other relevant information. Special considerations (4) If the nominated person for a hydro-electric power station requests a variation of the 1997 eligible renewable power baseline for the power station on the basis of the situation mentioned in subparagraph (1)(a)(iii), the Regulator must, in deciding whether to vary the baseline, consider the following matters: (a) whether any water diverted to or from the power station is a direct result of an action or policy of the Commonwealth Government; (b) the release patterns of any diverted water flows; (c) whether any diverted water flows pass through the power station; (d) if any water was diverted from the power station—the water-to-generation ratio of the power station; (e) if the power station is part of a group of interconnected power stations— the water-to-generation ratio of the group of interconnected power stations. 20F Notification of determination under regulation 20E (1) If the Regulator makes a determination varying the 1997 eligible renewable power baseline for an accredited power station (whether at the request of the nominated person for the power station or on his or her own initiative), the Regulator must, as soon as practicable after making the determination, give to the nominated person: (a) a copy of the determination; and (b) a statement of the reasons for the determination. (2) If, after considering a request from a nominated person for an accredited power station, the Regulator makes a determination not to vary the 1997 eligible renewable power baseline for the power station, the Regulator must, as soon as practicable after making the determination, give to the nominated person: Renewable Energy (Electricity) Regulations 2001 37 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 2 Renewable energy certificates Division 2.6 Varying 1997 eligible renewable power baseline for an accredited power station

Regulation 20F (a) a copy of the determination; and (b) a statement of the reasons for the determination. Note: A determination varying the 1997 eligible renewable power baseline for an accredited power station is a reviewable decision under section 66 of the Act. 38 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Renewable energy certificates Part 2 Varying 2008 WCMG limit for an accredited power station Division 2.7

Regulation 20FA Division 2.7—Varying 2008 WCMG limit for an accredited power station 20FA Guidelines for varying 2008 WCMG limit This Division prescribes guidelines for subsection 30G(2) of the Act. 20FB Circumstances for varying 2008 WCMG limit for an accredited power station On application to Regulator (1) The Regulator may vary the 2008 WCMG limit for an accredited power station if: (a) the nominated person for the power station: (i) becomes aware that information used to determine the 2008 WCMG limit was inaccurate, misleading or incomplete; or (ii) becomes aware of an error in the determination of the 2008 WCMG limit; and (b) the nominated person makes an application to the Regulator, in the manner set out in subregulation (3), to vary the 2008 WCMG limit; and (c) after considering the application, the Regulator considers that the 2008 WCMG limit should be varied. On Regulator’s own initiative (2) The Regulator may, on his or her own initiative, vary the 2008 WCMG limit for an accredited power station if: (a) the Regulator becomes aware that: (i) information used to determine the 2008 WCMG limit was inaccurate, misleading or incomplete; or (ii) there is an error in the determination of the 2008 WCMG limit; and (b) the Regulator gives the nominated person written notice stating: (i) that the Regulator is considering whether to vary the 2008 WCMG limit; and (ii) the reasons for the possible variation; and (iii) that the nominated person may give to the Regulator, by the date and in the form (if any) specified in the notice, any information that may assist the Regulator in deciding whether to vary the 2008 WCMG limit; and (c) the Regulator, having become aware of the situation and having taken into account any information provided by the nominated person in response to a notice under paragraph (b), considers that the 2008 WCMG limit should be varied. Renewable Energy (Electricity) Regulations 2001 39 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 2 Renewable energy certificates Division 2.7 Varying 2008 WCMG limit for an accredited power station

Regulation 20FC Form of application (3) An application by a nominated person for an accredited power station for a variation of the 2008 WCMG limit for the power station: (a) must be in writing in a form approved by the Regulator; and (b) must state the circumstance in paragraph (1)(a) on the basis of which the request is made; and (c) must include, or be accompanied by, a statement explaining the reasons why the variation should be made and setting out any other information the nominated person considers relevant; and (d) must include, or be accompanied by, any other information or document required by the approved form. 20FC Redistribution of 2008 WCMG limits between accredited power stations (1) The Regulator may vary the 2008 WCMG limit for a year for 2 or more accredited power stations if: (a) the nominated person for each power station makes an application to the Regulator, in the manner set out in subregulation (3), to vary the 2008 WCMG limits for the power stations; and (b) at least one certificate has been created in relation to electricity generated by each power station using waste coal mine gas; and (c) after considering the applications, the Regulator considers that the 2008 WCMG limits should be varied for the year. (2) However, the variation must not increase the combined total of the 2008 WCMG limits of the power stations. (3) Each application for the variation of the 2008 WCMG limit of 2 or more power stations for a year: (a) must be in writing in a form approved by the Regulator; and (b) must be given to the Regulator by the nominated person no later than 30 September in the previous year; and (c) must identify the power stations and the proposed change to the 2008 WCMG limit for each power station; and (d) must include, or be accompanied by, any other information or document required by the approved form. (4) The Regulator must not make a variation unless each application identifies the same power stations and the same proposed change to the 2008 WCMG limit for each power station. 20FD Notification of determination (1) If the Regulator makes a determination under regulation 20FB or 20FC varying the 2008 WCMG limit for an accredited power station (whether at the request of the nominated person for the power station or on his or her own initiative), the 40 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Renewable energy certificates Part 2 Varying 2008 WCMG limit for an accredited power station Division 2.7

Regulation 20FD Regulator must, as soon as practicable after making the determination, give to the nominated person: (a) a copy of the determination; and (b) a statement of the reasons for the determination. (2) If, after considering a request from a nominated person under regulation 20FB or 20FC for an accredited power station, the Regulator makes a determination not to vary the 2008 WCMG limit for the power station, the Regulator must, as soon as practicable after making the determination, give to the nominated person: (a) a copy of the determination; and (b) a statement of the reasons for the determination. Note: A determination varying the 2008 WCMG limit for an accredited power station is a reviewable decision under section 66 of the Act. Renewable Energy (Electricity) Regulations 2001 41 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 2A Clearing house for small-scale technology certificates

Regulation 20G Part 2A—Clearing house for small-scale technology certificates 20G Operation of clearing house (1) For subsection 30U(1) of the Act, the Regulator may operate the clearing house as part of the register of small-scale technology certificates. (2) The clearing house transfer list is to be: (a) maintained by electronic means; and (b) made available for inspection on the internet. (3) The Regulator must ensure that the clearing house transfer list is kept up to date. (4) A person is not entitled to use the clearing house unless the person agrees to the terms and conditions determined by the Regulator for use of the clearing house. (5) The Regulator must make the terms and conditions available to a person proposing to use the clearing house. 20H Application to enter small-scale technology certificates into clearing house (1) For paragraph 30K(2)(c) of the Act, an application must be accompanied by the following information: (a) the applicant’s ABN and ACN (if any); (b) the name and contact details of a contact person for the application; (c) whether the applicant is registered for GST or required to be registered for GST; (d) the bank account details of an Australian bank into which the Regulator is to make payments to the applicant for the sale of the applicant’s small-scale technology certificates; (e) the unique identification code for each small-scale technology certificate proposed to be entered into the clearing house; (f) if the applicant is registered for GST or required to be registered for GST— whether there is any reason why the transfer of any of the applicant’s small-scale technology certificates to a purchaser under section 30N of the Act would not be a taxable supply. (2) For paragraph 30K(2)(d) of the Act, the application must be accompanied by documents to establish the applicant’s identity. (3) Subregulations (1) and (2) do not apply if: (a) the transferee has previously provided the information and documents to the Regulator or the Renewable Energy Regulator; and (b) the information and documents remain current. 42 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Clearing house for small-scale technology certificates Part 2A

Regulation 20I 20I Entering small-scale technology certificates into the clearing house For subsection 30L(1) of the Act, if more than 1 small-scale technology certificate is included in an application under section 30K of the Act, the Regulator may, subject to subsection 30L(2) of the Act, include the certificates on the clearing house transfer list in the order in which the Regulator considers appropriate. 20J Removing small-scale technology certificates from clearing house transfer list For paragraph 30U(2)(d) of the Act, the Regulator may remove a small-scale technology certificate from the clearing house transfer list if: (a) the certificate has, for any reason, ceased to be valid; or (b) the removal of the certificate is necessary to comply with a court order; or (c) the Regulator decides to withdraw the certificate from the list under regulation 20K. 20K Regulator may withdraw small-scale technology certificates from clearing house (1) This regulation applies if a small-scale technology certificate is on the clearing house transfer list and the registered owner of the certificate transfers the certificate to another person (the transferee) otherwise than under Part 2A of the Act. (2) For paragraph 30U(2)(c) of the Act, the Regulator may withdraw the certificate from the clearing house unless the transferee provides the Regulator with the following information and documents within the time specified in subregulation (3): (a) the transferee’s ABN and ACN (if any); (b) the name and work contact details of a contact person for the certificate; (c) whether the transferee is registered for GST or required to be registered for GST; (d) the bank account details of an Australian bank into which the Regulator is to make payments to the transferee for the transfer of the certificate; (e) if the transferee is registered for GST or required to be registered for GST—whether there is any reason why the transfer of any of the transferee’s certificates to a purchaser under section 30N of the Act would not be a taxable supply; (f) documents to establish the applicant’s identity. (3) The information and documents must be provided to the Regulator by electronic communication: (a) within 7 days after the certificate is transferred to the transferee; or (b) no later than the day the certificate is listed at the top of the clearing house transfer list; whichever occurs first. Renewable Energy (Electricity) Regulations 2001 43 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 2A Clearing house for small-scale technology certificates

Regulation 20L (4) The Regulator must, within 7 days after withdrawing the certificate from the clearing house, notify the transferee in writing of the withdrawal. (5) Subregulation (2) does not apply if: (a) the transferee has previously provided the information and documents to the Regulator or the Renewable Energy Regulator; and (b) the information and documents remain current. 20L Owner may request Regulator to withdraw small-scale technology certificates (1) The registered owner of a small-scale technology certificate on the clearing house transfer list may, in writing, request the Regulator to withdraw the certificate from the clearing house. (2) The request must be made by electronic communication to the Regulator. (3) The electronic communication must be in the form specified by the Regulator. 20M Persons not entitled to purchase small-scale technology certificates through clearing house (1) For subsection 30M(2) of the Act, a person is not entitled to make an application to purchase a small-scale technology certificate unless, before the person makes the application, the person is registered for GST and provides the Regulator with the following information and documents: (a) the person’s ABN or ACN (if any); (b) the name and work contact details of a contact person for the certificate; (c) the bank account details of an Australian bank into which the Regulator is to make any refunds to the person under the Act; (d) whether there is any reason why the transfer of the certificate to the person under section 30N or subsection 30P(3) of the Act would not be a taxable supply; and (e) documents to establish the applicant’s identity. (2) Subregulation (1) does not apply if: (a) the person has previously provided the information and documents to the Regulator or the Renewable Energy Regulator; and (b) the information and documents remain current. 20N Small-scale technology certificates to be transferred or created within 3 days (1) For paragraph 30U(2)(b) of the Act, if section 30N of the Act applies to an application to purchase a small-scale technology certificate, the Regulator must, in accordance with subsection 30N(2) of the Act, transfer the certificate within 3 business days after the GST inclusive clearing house price accompanying the application is received as cleared funds in the Regulator’s bank account. 44 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Clearing house for small-scale technology certificates Part 2A

Regulation 20O (2) For paragraph 30U(2)(b) of the Act, if section 30P of the Act applies to an application to purchase a small-scale technology certificate, the Regulator must, in accordance with subsection 30P(2) of the Act, create the certificate within 3 business days after the GST inclusive clearing house price accompanying the application is received as cleared funds in the Regulator’s bank account. 20O Refunds (1) This regulation is made for subparagraph 30U(2)(i)(i) of the Act and applies if the Regulator: (a) has transferred 1 or more certificates to a purchaser; and (b) is required under paragraph 30N(3)(b) of the Act to pay the seller the clearing house price for each certificate. (2) The Regulator must pay into the purchaser’s bank account an amount equal to 10% of the clearing house price for each certificate. (3) In this regulation: bank account, for a purchaser, means the purchaser’s bank account, the details of which have been provided to the Regulator under paragraph 20M(c). 20P GST registration (1) This regulation applies if the registered owner of a certificate that is on the clearing house transfer list becomes registered, or required to be registered, for GST, or ceases to be registered, or required to be registered, for GST, before the certificate is transferred to a purchaser under subsection 30N(2) of the Act. (2) For subsection 30U(1) of the Act, the registered owner must notify the Regulator that the owner has become registered, or required to be registered, for GST or has ceased to be registered, or required to be registered, for GST. (3) The notice must: (a) be made by electronic communication; and (b) be communicated to the Regulator within 7 days after the registered owner becomes registered, or required to be registered, for GST or ceases to be registered, or required to be registered, for GST. Renewable Energy (Electricity) Regulations 2001 45 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 3 Acquisition of electricity

Regulation 21A Part 3—Acquisition of electricity 21A Prescribed person or body For paragraphs 31(2)(c) and 32(1)(a) and section 34 of the Act, the IMO is prescribed. 21 Amount of electricity acquired (1) For subsection 31(3) of the Act, the amount of electricity acquired under a relevant acquisition is: (a) if the electricity is acquired from AEMO or IMO—the amount worked out on the basis of metering data used for AEMO or IMO settlement statements; or (b) if the electricity is acquired directly from the person who generated the electricity at the interface between the transmission and distribution system—the amount worked out using: (i) AEMO or IMO equivalent settlement data; or (ii) if the person who generated the electricity and the liable entity are not in the same distribution network—customer purchase data adjusted to the node, or node equivalent, by using the applicable distribution loss factor; or (iii) generation data adjusted to the node, or node equivalent, by using the applicable marginal loss factor or equivalent; or (c) if the electricity is used outside the site of generation but in the same distribution network—the amount worked out using, depending on the applicable contractual arrangements: (i) the amount generated, as metered at the power station’s grid connection point; or (ii) the acquisition as metered at the customer’s grid connection point; or (d) if the electricity is acquired at the site of the generation—the amount of metered electricity at the point on which the contractual arrangement is based; or (e) if none of paragraphs (a) to (d) applies: (i) the amount of metered or calculated electricity provided at the interface between the transmission and distribution system; or (ii) the amount of metered or calculated electricity at the point at which ownership of the electricity changes, in accordance with contractual arrangements. (2) In paragraphs (1)(b), (c), and (e), the method of calculation used is to be chosen by the Regulator after consultation with the liable entity. 46 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Acquisition of electricity Part 3

Regulation 22 22 Capacity of grids (1) For the purposes of subsection 31(3) of the Act, the capacity of a grid is the sum of the nameplate capacity (specified by the manufacturer in MW) for each electricity generator connected (directly or indirectly) to the grid, other than: (a) a privately owned domestic generator; or (b) a generator that: (i) has been connected (directly or indirectly) to the grid for at least the 3 calendar years before the assessment year; and (ii) in each of those years either produced less than 50 GWh or had a load factor of less than 5%. (2) Despite subregulation (1), if a liable entity satisfies the Regulator that it is not appropriate to use the nameplate capacity for a particular electricity generator to determine the capacity of a grid, the Regulator may calculate the capacity of the grid by using the nominal capacity of that generator. Renewable Energy (Electricity) Regulations 2001 47 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 3A Exemption Certificates Division 1 Interpretation

Regulation 22A Part 3A—Exemption Certificates Division 1—Interpretation 22A Interpretation (1) In this Part and Schedule 6: ABN has the same meaning as in the A New Tax System (Australian Business Number) Act 1999. ACN has the same meaning as in the Corporations Act 2001. acquired has the meaning given by subregulation 22A(8). activity group has the meaning given by subregulation 22A(9). applicant means a prescribed person that makes an application for an exemption certificate. ASTM followed by a number (for example, ASTM D6347/D6347M-99) means a standard of that number issued by ASTM International and, if a date is included, of that date. Note: ASTM means the American Society for Testing and Materials. carbon steel means material which: (a) contains by mass more iron (Fe) than any other single element; and (b) has a carbon (C) concentration less than 2%. certifiable amount has the meaning given by subregulation 22ZHC(2). coke oven coke means the solid product obtained from the carbonisation of coal (principally coking coal) at a high temperature and includes coke breeze and foundry coke. condensate has the same meaning as in the Excise Act 1901. controlling corporation means a corporation to which paragraph 51(xx) of the Constitution applies that does not have a holding company incorporated in Australia. Department of Climate Change and Energy Efficiency means the Department administered by the Minister who administers the National Greenhouse and Energy Reporting Act 2007. electricity use method advice has the meaning given by paragraph 22O(1)(i). eligible petroleum feedstocks means any 1 or more of the following that were not produced through the conduct of an emissions-intensive trade-exposed activity carried on in Australia: 48 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Exemption Certificates Part 3A Interpretation Division 1

Regulation 22A (a) catalytic cracker feedstocks that are processed in the catalytic cracker in carrying on the emissions-intensive trade-exposed activity and have a density of 0.84 to 0.98 kg/L at 15 °C and 1 atmosphere; (b) hydro-cracker unit feedstocks that are processed in the hydro-cracking unit in carrying on the emissions-intensive trade-exposed activity and have a density of 0.84 to 0.98 kg/L at 15 °C and 1 atmosphere; (c) reformer unit feedstocks that are used to produce reformate in carrying on the emissions-intensive trade-exposed activity and have a density of 0.6 to 0.80 kg/L at 15 °C and 1 atmosphere; (d) alkylation unit feedstocks that are used to produce alkylate in carrying on the emissions-intensive trade-exposed activity and have a density of 0.55 to 0.62 kg/L at 15 °C and 1 atmosphere; (e) bitumen feedstocks that are used to produce bitumen in carrying on the emissions-intensive trade-exposed activity and have a density greater than or equal to 0.95 kg/L at 15 °C and 1 atmosphere; (f) lubricant base stock feedstocks that are used to produce lubricant base stocks in carrying on the emissions-intensive trade-exposed activity and have a density of 0.84 to 0.98 kg/L at 15 °C and 1 atmosphere. facility has the meaning given by section 9 of the National Greenhouse and Energy Reporting Act 2007. financial control has the meaning given by subregulations 22K(4) and (5). group has the meaning given by subregulation (2). highly emissions-intensive has the meaning given in subregulation (3). iron ore, for Part 37 of Schedule 6, means any form of iron ore product that has not been semi-processed into iron ore balls or exposed to a hardening process by the application of heat or pressure and includes: (a) magnetite ore that has been concentrated; and (b) hematite ore that has been crushed to varying extents. joint venture means an unincorporated enterprise carried on by 2 or more entities in common otherwise than as a partnership. LGC means a large-scale generation certificate. limited assurance conclusion has the same meaning as in the National Greenhouse and Energy Reporting (Audit) Determination 2009. member has the meaning given by subregulation (4). moderately emissions-intensive has the meaning given in subregulation (5). operational control has the meaning given by subregulation (6). product means a product that is specified in Division 3 of a Part in Schedule 6 as the basis for the issue of an exemption certificate in relation to the carrying on of an emissions-intensive trade-exposed activity. Renewable Energy (Electricity) Regulations 2001 49 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 3A Exemption Certificates Division 1 Interpretation

Regulation 22A reasonable assurance conclusion has the same meaning as in the National Greenhouse and Energy Reporting (Audit) Determination 2009. REC means a renewable energy certificate. referrable to a site has the meaning given in subregulation (7). relevant financial year means: (a) if the application made under subsection 46A(1) of the Act for a year (the application year) is not for a site that meets the criteria for a new entrant site specified in subregulation 22ZD(3)—the financial year which ended 6 months before the application year; or (b) if the application made under subsection 46A(1) of the Act for the application year is for a site that meets the criteria for a new entrant site specified in subregulation 22ZD(3)—the financial year which began 6 months before the application year. relevant product means: (a) in relation to an application for an exemption certificate: (i) a product that is identified in the application as meeting the requirements specified in Division 3 of a Part in Schedule 6; or (ii) a substance mentioned in paragraphs 664(1)(a) to (e) of Schedule 6 that satisfies the requirements to be included in the kilolitres of product relevant for applying the electricity baseline for the activity of petroleum refining; and (b) in relation to an exemption certificate that has been issued: (i) a product that meets the requirements specified in Division 3 of a Part in Schedule 6 as the basis for the issue of the certificate; or (ii) a substance mentioned in paragraphs 664(1)(a) to (e) of Schedule 6 that satisfies the requirements to be included in the kilolitres of product relevant for applying the electricity baseline for the activity of petroleum refining. saleable quality has the meaning given in regulation 22C. stabilised crude petroleum oil has the meaning given in the Australian Taxation Office Interpretative Decision, ATO ID 2008/154, published on 18 November 2008. unleaded petrol means all grades of unleaded petrol meeting Australian or international standards, including standard unleaded petrol, premium unleaded petrol and other proprietary forms of unleaded petrol. use amount for a liable entity has the meaning given by paragraph 22ZHC(2)(a). (2) Entities are taken to be a group if the entities are a controlling corporation’s group under the National Greenhouse and Energy Reporting Act 2007. (3) An emissions-intensive trade-exposed activity is highly emissions-intensive if the activity is classified as a highly emissions-intensive activity in Division 2 of the relevant Part in Schedule 6 for the activity. 50 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Exemption Certificates Part 3A Interpretation Division 1

Regulation 22B (4) An entity is a member of a controlling corporation’s group if the entity is a member of the controlling corporation’s group under the National Greenhouse and Energy Reporting Act 2007. (5) An emissions-intensive trade-exposed activity is moderately emissions-intensive if the activity is classified as a moderately emissions-intensive activity in Division 2 of the relevant Part in Schedule 6 for the activity. (6) An entity is taken to have operational control over a facility if the entity has operational control of the facility under the National Greenhouse and Energy Reporting Act 2007. (7) An amount or volume of a relevant product that is identified in an application for an exemption certificate is referrable to a site only if: (a) the site is nominated in the application for the certificate in relation to the product; and (b) the Regulator is satisfied that the nomination meets the conditions specified in subregulation 22B(1); and (c) the Regulator is satisfied that the amount or volume of relevant product meets the conditions specified in subregulation 22B(2). (8) Electricity is acquired for use at a site only if the electricity is used at the site and, in relation to that electricity, there was a relevant acquisition between the point of generation of the electricity and the point of use. (9) If an emissions-intensive trade-exposed activity is, or is to be, carried on partly at 1 site and partly at 1 or more different sites, then all of those sites constitute an activity group if: (a) the processes involved in the transformation relevant to the carrying on of the activity occur, or will occur: (i) at those different sites; and (ii) as part of the same production process; and (b) for the activity of petroleum refining—the products produced from relevant products are transferred between the sites in order to conduct any of the processes listed in paragraphs 662(1)(a) to (d) of Schedule 6; and (c) for any other activity—the production of the relevant product from the activity involves the transfer of an intermediate product between the sites in order to produce the relevant product. 22B Conditions for production to be referrable to a site (1) For paragraph 22A(7)(b), the conditions for the nomination of a site in relation to an amount or volume of a relevant product are as follows: (a) the relevant product in relation to which a site is nominated is, or will be, the product of an emissions-intensive trade-exposed activity that is, or is to be, carried on wholly or partly at the nominated site; (b) only 1 site is to be nominated in respect of an amount or volume of relevant product; Renewable Energy (Electricity) Regulations 2001 51 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 3A Exemption Certificates Division 1 Interpretation

Regulation 22C (c) the site is not a site at which the emissions-intensive trade-exposed activity is, or is to be, carried on only in an ancillary way. (2) For paragraph 22A(7)(c), the conditions that the amount or volume of relevant product must meet are as follows: (a) if the amount or volume of relevant product is identified in the application as the product of a single site—the site: (i) is not part of an activity group; or (ii) if the site is part of an activity group, all other sites in the activity group are sites at which the activity is, or is to be, only carried on in an ancillary way; (b) if the amount or volume of relevant product is identified in the application as the product of each site nominated in an activity group— the amount or volume is calculated in accordance with the following formula: ES PT  ET where: PT is the total amount or volume of the relevant product produced, or to be produced, from the emissions-intensive trade-exposed activity at all of the sites that are part of the same activity group. ES is a reasonable estimate of the following amounts of electricity: (a) if 80% or more of the electricity used at the site is used for the purpose of carrying on the activity—the amount of electricity (expressed in megawatt hours) acquired for use at the site; or (b) if less than 80% of the electricity used at the site is used for the purpose of carrying on the activity—the amount of electricity (expressed in megawatt hours) acquired for use in carrying out the activity. ET is the sum of all the estimated amounts of electricity (ES) for all of the sites in the activity group (other than sites at which the emissions-intensive trade-exposed activity is, or is to be, only carried on in an ancillary way). 22C Meaning of saleable quality (1) In this Part and Schedule 6, saleable quality is intended to have its ordinary meaning as understood by participants in the relevant market, subject to subregulations (2) to (5). (2) A product is taken to be of saleable quality if it is produced to a level at which it would ordinarily be considered by participants in the relevant market: (a) to be the output of a process carried on as part of an emissions-intensive trade-exposed activity; and (b) to have a commercial value as that output. Note: On this basis, the output may meet particular industry standards or specifications (either general specifications or those set by particular customers). It may also meet 52 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Exemption Certificates Part 3A Interpretation Division 1

Regulation 22C internal standards by which it can be used by the firm as part of another process conducted by the firm. Outputs that are of saleable quality do not need to be sold in the year of production. Therefore, an output that is produced and entered on an inventory can be of saleable quality. (3) A sub-standard product that is discarded is taken not to be of saleable quality. (4) A product that is recycled back into the same emissions-intensive trade-exposed activity to produce a new output is taken to be of saleable quality only once. Examples: 1 Metal that is re-melted in the same equipment in which it was produced. 2 Paper that is re-inputted into a paper making process. (5) Material that is scrapped or lost before it is packaged as a product that is of saleable quality: (a) is taken not to be of saleable quality; and (b) is taken not to be included in an amount of product that is of saleable quality that is to be counted for the purpose of calculating a liable entity’s exemption. Renewable Energy (Electricity) Regulations 2001 53 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 3A Exemption Certificates Division 2 Emissions-intensive trade-exposed activities

Regulation 22D Division 2—Emissions-intensive trade-exposed activities 22D Emissions-intensive trade-exposed activities For the purposes of paragraph (b) of the definition of emissions-intensive trade-exposed activity in section 5 of the Act, each activity specified in Division 1 of a Part (other than Part 1) in Schedule 6 is prescribed. Note: Other Divisions in a Part of Schedule 6 set out information that is required for the purposes of calculating the amount of a liable entity’s exemption. 54 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Exemption Certificates Part 3A Publication of information Division 3

Regulation 22E Division 3—Publication of information 22E Information about exemptions to be published—section 38C of the Act (1) For paragraph 38C(1)(c) of the Act, the name of each of the emissions-intensive trade-exposed activities set out in the exemption certificates to which the exemption relates is required. (2) For subsection 38C(2) of the Act, for a year, the name of each person to whom an exemption certificate is issued and the emissions-intensive trade-exposed activity or activities set out in the exemption certificate is required to be published within 14 days after the certificate is issued. (3) For subsection 38C(2) of the Act, for a year, an estimate of the total amount of exemptions given for each emissions-intensive trade-exposed activity is required to be published by 30 March in the year after the year to which the exemptions relate. Renewable Energy (Electricity) Regulations 2001 55 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 3A Exemption Certificates Division 4 Applications for exemption certificates

Regulation 22F Division 4—Applications for exemption certificates Subdivision A—Who may apply—prescribed persons 22F Prescribed persons—subsection 46A(1) of the Act This Subdivision prescribes persons for subsection 46A(1) of the Act. 22G Prescribed person—person with contract for supply of electricity to site If: (a) a person is making an application under subsection 46A(1) of the Act in relation to a site and a year (the application year); and (b) the person (the contracting person) was a party to a contract for the supply of electricity consumed at the site during the whole, or part of, the year immediately preceding the application year; and (c) the contract was with a liable entity in relation to electricity consumed at the site during the period mentioned in paragraph (b); and (d) an emissions-intensive trade-exposed activity is to be carried on at the site during the application year; and (e) immediately before the day the application is made: (i) the contracting person is a party to a contract for the supply of electricity consumed at the site; and (ii) in relation to the site, activity and the application year there is no valid application before the Regulator, and there is no exemption certificate issued, for the activity, the site and the application year; then the contracting person is a prescribed person for the activity, the site and the application year. 22H Prescribed person—liable entity with operational control If: (a) a person has operational control of a facility immediately before the person makes an application under subsection 46A(1) of the Act in respect of a site and a year; and (b) an emissions-intensive trade-exposed activity is carried on at the site; and (c) the facility is the principal facility that is carried on at the site; and (d) the person is the liable entity for: (i) over 30% of the electricity consumed at the site; or (ii) the majority of the electricity consumed at the site that gives rise to a relevant acquisition; in the 6 months immediately preceding the day the person makes the application; and (e) immediately before the day the application is made in relation to the activity, the site and the year there is no valid application before the 56 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Exemption Certificates Part 3A Applications for exemption certificates Division 4

Regulation 22I Regulator, and there is no exemption certificate issued for the activity, the site and the application year; then the person is a prescribed person for the activity, the site and the year. 22I Prescribed person—liable entity for future activity If: (a) immediately before a person makes an application in respect of a site and a year, an emissions-intensive trade-exposed activity is not yet carried on at the site; and (b) the emissions-intensive trade-exposed activity is to be carried on at the site during the application year; and (c) when the emissions-intensive trade-exposed activity is first to be carried on at the site the person will have operational control of the facility; and (d) the facility will be the principal facility that is carried on at the site; and (e) the person will be the liable entity for over 30% of the electricity consumed at the site during the application year; and (f) immediately before the day the application is made in relation to the activity, the site and the year there is no valid application before the Regulator, and there is no exemption certificate issued for the activity, the site and the application year; then the person is a prescribed person for the activity, the site and the application year. 22J Prescribed person—person with a new contract for supply of electricity If: (a) a person is making an application under subsection 46A(1) of the Act in relation to a site and a year; and (b) an emissions-intensive trade-exposed activity is to be carried on at the site during the year; and (c) immediately before the day the application is made for the site, there is no prescribed person of a kind mentioned in regulation 22G, 22H or 22I; and (d) the person is a party to a contract with a liable entity for a supply of electricity to be consumed at the site in the year; and (da) upon making the application under subsection 46A(1) of the Act, the person is not eligible to be a prescribed person under regulation 22G, 22H or 22I; and (e) immediately before the day the application is made in relation to the activity, the site and the application year there is no valid application before the Regulator, and there is no exemption certificate issued, for the activity, the site and the year; then the person is a prescribed person in relation to the activity, the site and the year. Renewable Energy (Electricity) Regulations 2001 57 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 3A Exemption Certificates Division 4 Applications for exemption certificates

Regulation 22K 22K Prescribed person—nominated person (1) If: (a) a person is a prescribed person (the first person) under regulation 22G, 22H, 22I or 22J for an emissions-intensive trade-exposed activity to be carried on at a site during a year; and (b) before the first person makes an application in respect of the site and the year under subsection 46A(1) of the Act, the first person gives the Regulator notice; and (c) the notice states that another person in relation to the principal facility carried on, or to be carried on, at the site may apply for an exemption certificate for the activity, the site and the year; and (d) the other person is a controlling person (see subregulation (3)) in relation to the principal facility; and (e) immediately before the day the application is made in relation to the activity, the site and the year there is no valid application before the Regulator, and there is no exemption certificate issued, for the activity, the site and the year; then the other person is taken to be the prescribed person for the activity, the site and the year. (2) The notice under subregulation (1) must be given in writing. (3) Controlling person, in relation to the principal facility to be carried on at the site, means 1 of the following: (a) a person with operational control of the facility; (b) the controlling corporation that has a member of its group with operational control of the facility; (c) a person that is not the operator of the facility who has financial control (see subregulation (4)) over the facility. (4) If a person (the operator) has operational control over a facility, another person (the second person) has financial control over the facility if: (a) under a contract between: (i) the operator; and (ii) the second person; the operator operates the facility on behalf of the second person; or (b) under a contract between: (i) the operator; and (ii) the second person and 1 or more other persons; the operator operates the facility on behalf of the second person and those other persons; or (c) the second person is able to control the trading or financial relationships of the operator in relation to the facility; or (d) the second person has the economic benefits from the facility; or (e) all of the following conditions are satisfied: (i) the second person is a participant in a joint venture; 58 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Exemption Certificates Part 3A Applications for exemption certificates Division 4

Regulation 22L (ii) there is only 1 other participant in the joint venture; (iii) the second person shares the economic benefits from the facility with the other participant; (iv) the second person’s share equals or exceeds the share of the other participant; or (f) all of the following conditions are satisfied: (i) the second person is a participant in a joint venture; (ii) there are 2 or more other participants in the joint venture; (iii) the second person shares the economic benefits from the facility with the other participants; (iv) no other participant has a share of the economic benefits from the facility; or (g) all of the following conditions are satisfied: (i) the second person is a partner in a partnership; (ii) there are 2 or more other partners in the partnership; (iii) the second person shares the economic benefits from the facility with the other partners; (iv) no other partner has a share that exceeds the share of the second person; or (h) the second person is able to direct or sell the output of the facility. (5) In determining whether the second person has that financial control, regard must be had to the economic and commercial substance of the matters mentioned in subregulation (4). 22L Prescribed person—liable entity changes (production calculation method) (1) If: (a) a prescribed person has been granted an exemption certificate in relation to an emissions-intensive trade-exposed activity, site and year; and (aa) the amount of the exemption is worked out under Division 5 (production calculation method); and (b) during the year the liable entity set out in the certificate ceases to be the liable entity in relation to the electricity consumed at the site; and (c) a second liable entity begins to be the liable entity in relation to electricity consumed at the site; and (d) the prescribed person applies again under subsection 46A(1) of the Act before the end of the year in relation to the activity, site, year and second liable entity; then the prescribed person is a prescribed person for the activity, the site, the year and the second liable entity. (2) If during the year: (a) the second liable entity ceases to be the liable entity in relation to the electricity consumed at the site; and Renewable Energy (Electricity) Regulations 2001 59 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 3A Exemption Certificates Division 4 Applications for exemption certificates

Regulation 22LA (b) a third liable entity begins to be the liable entity in relation to electricity consumed at the site; and (c) the prescribed person applies again under subsection 46A(1) of the Act before the end of the year in relation to the activity, site, year and third liable entity; then the prescribed person is a prescribed person for the activity, the site, the year and the third liable entity. 22LA Prescribed person—liable entity changes (electricity use method) If: (a) a prescribed person has been granted an exemption certificate in relation to an emissions-intensive trade-exposed activity, site and year; and (b) the amount of the exemption is worked out under Division 5A (electricity use method); and (c) during the year, the liable entity set out in the certificate (the old liable entity) ceases to be a liable entity in relation to electricity consumed at the site; and (d) another entity (the new liable entity) begins to be a liable entity in relation to electricity consumed at the site instead of the old liable entity; and (e) the prescribed person applies again under subsection 46A(1) of the Act before the end of the year in relation to the activity, site, year and new liable entity; then the prescribed person is a prescribed person for the activity, site, year and new liable entity. 22M Prescribed person—multiple liable entities (production calculation method) If: (a) a prescribed person has been granted an exemption certificate in relation to an emissions-intensive trade-exposed activity, site and year; and (aa) the amount of the exemption is worked out under Division 5 (production calculation method); and (b) either: (i) at the start of the year there are one or more liable entities in relation to the electricity consumed at the site, other than the liable entity set out in the certificate; or (ii) during the year one or more liable entities, in addition to the liable entity set out in the certificate, begin to be a liable entity in relation to the electricity consumed at the site; and (c) the prescribed person has not been, or has not applied to be, a prescribed person under subregulation 22L(1) for the activity, site and year; and (d) the prescribed person applies again under subsection 46A(1) of the Act before the end of the year in relation to: (i) the activity; and 60 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Exemption Certificates Part 3A Applications for exemption certificates Division 4

Regulation 22MA (ii) the site; and (iii) the year; and (iv) the liable entity that is likely to be responsible for the most amounts of relevant acquisitions consumed at the site during the year by all the liable entities mentioned in subparagraphs (b)(i) or (ii) (other than the liable entity set out in the certificate); then the prescribed person is a prescribed person for the activity, the site, the year and the second liable entity. Example: Company A operates a zinc smelter at a site with 2 connection points to the National Electricity Market. The company has a different retailer for each of those connection points. The company would first apply in relation to one of the retailers and obtain the full value of the exemption for the emissions-intensive trade-exposed activity. The company would then apply for a second certificate for the second retailer by becoming a prescribed person under regulation 22M. Once approved, the first certificate would be reduced in accordance with regulation 22ZQ. 22MA Prescribed person—multiple liable entities (electricity use method) If: (a) a prescribed person has been granted one or more exemption certificates, in relation to an emissions-intensive trade-exposed activity, site, year and one or more liable entities (an earlier liable entity); and (b) the amount or amounts of the exemptions is worked out under Division 5A (electricity use method); and (c) during the year, an entity (an added liable entity) begins to be a liable entity in relation to electricity consumed at the site in addition to the earlier liable entities; and (d) the prescribed person has not been, and has not applied to be, a prescribed person under regulation 22LA for the activity, site, year and the added liable entity; and (e) the prescribed person applies again under subsection 46A(1) of the Act before the end of the year in relation to the activity, site, year and the added liable entity; then the prescribed person is a prescribed person for the activity, site, year and added liable entity. Subdivision B—Information to be included in applications under subsection 46A(1) of the Act 22N Information to be included (1) This Subdivision prescribes information that must be included in an application under subsection 46A(1) of the Act. (2) The Subdivision is made for the purposes of paragraph 46A(2)(b) of the Act. Renewable Energy (Electricity) Regulations 2001 61 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 3A Exemption Certificates Division 4 Applications for exemption certificates

Regulation 22O 22O Information to be included with all applications (1) The following information is prescribed in relation to all applications under subsection 46A(1): (a) the applicant’s name, address and contact details; (b) the applicant’s ABN and ACN; (c) the name and work contact details of a contact person for the application; (d) a description of the basis upon which the applicant is a prescribed person; (e) an explanation of how the emission-intensive trade-exposed activity or activities will be carried on at the site in the year and how any requirements relating to the conduct of the activity or activities will be met; (f) if the amount of the exemption is to be worked out under Division 5 (production calculation method)—an explanation of the amount or volume of relevant production and other numbers relevant to the application of the method in Division 5, including: (i) the basis on which such amounts have been calculated; and (ii) how any amounts or volumes of relevant product have been measured and the frequency of the measurements; and (iii) how the nomination of amounts or volumes of a relevant product satisfy the conditions in regulation 22B; and (iv) how any other requirements relating to those amounts have been met; (g) if the amount of the exemption is to be worked out under Division 5 (production calculation method)—a statement of the amount of the exemption that should be set out in the exemption certificate and how that amount should be calculated in accordance with Division 5 (including any assumptions made about values or amounts not known at the time of the application); (h) if the amount of the exemption is to be worked out under Division 5A (electricity use method): (i) the names of the liable entity or entities to which the application relates; and (ii) for each activity identified in the application—an estimate of the amount or volume of relevant product identified in the application and referrable to the site; and (iii) if the applicant considers that metering data should be used (whether alone or as part of a formula with other elements) to identify the use amount for a liable entity to which the application relates—identifying information for the meters supplying the data, including the National Metering Identifier (if any) for each such meter within the meaning of the National Electricity Rules; (i) if the amount of the exemption is to be worked out under Division 5A (electricity use method)—the following information (the electricity use method advice): (i) whether the applicant considers that metering data is sufficient and appropriate to identify the use amount for a liable entity to which the application relates, and why or why not; 62 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Exemption Certificates Part 3A Applications for exemption certificates Division 4

Regulation 22Q (ii) if the applicant considers that metering data is not sufficient or not appropriate to identify the use amount for a liable entity—the formula that, having regard to the Regulator’s object set out in subregulation 22ZHC(5), the applicant considers would be appropriate to identify the use amount, and an explanation of the elements of the proposed formula and why it would be appropriate. (2) The following information is also prescribed in relation to all applications made under subsection 46A(1) of the Act (other than an application of a kind mentioned in regulation 22S or 22T): (a) a map that sets out the following: (i) the site in respect of which the application is made; (ii) where on the site the emission-intensive trade-exposed activities are carried on; (iii) the sources of electricity generation that are part of the site and the nameplate rating (in MW) of each of those sources; (iv) any point at which electricity is delivered to the site other than by means of an electricity grid with a capacity of 100 MW or more; (v) how the site is connected to an electricity grid with a capacity that is 100 MW or more; (b) the name of the liable entity (as referred to in paragraph 46A(1)(b) of the Act); (c) if: (i) an emission-intensive trade-exposed activity is proposed to be carried on at the site but is not, at the time of the application, carried on at the site; and (ii) an approval is necessary to carry out the emission-intensive trade-exposed activity proposed at the site; a statement of what those approvals are and whether the prescribed person has obtained them at the time of making the application; (d) information about any generation capacity that exists at the site and whether the generation gives rise to any relevant acquisitions; (e) information about any electricity used at the site that is not a relevant acquisition because of subsection 31(2) of the Act; (f) whether the prescribed person intends to apply to be a prescribed person under regulation 22M in relation to the activity, site and year in respect of a second liable entity at the site; (g) whether the prescribed person intends to apply to be a prescribed person under regulation 22MA in relation to the activity, site and year in respect of an added liable entity (within the meaning of that regulation) at the site. 22Q Information to be included in applications for new entrant site (1A) This regulation applies to an application for an exemption certificate in relation to an activity and a site, if: Renewable Energy (Electricity) Regulations 2001 63 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 3A Exemption Certificates Division 4 Applications for exemption certificates

Regulation 22R (a) the amount of the exemption is to be worked out under Division 5 (production calculation method) and the site meets the criteria for a new entrant specified in subregulation 22ZD(3); or (b) the amount of the exemption is to be worked out under Division 5A (electricity use method) and the activity was not carried on at that site in the year before the year for which the application is made. (1) The application must also include: (a) information about whether any contracts or other arrangements have been entered into to buy the emissions-intensive trade-exposed activity’s output; and Note: The information need not include the price of the output. (b) information about commissioning or recommissioning of the equipment that is to carry on the emissions-intensive trade-exposed activity, including a description of when and how the equipment will be constructed, commissioned or recommissioned; and (c) a statement by the person constructing, commissioning or recommissioning the principal equipment that is to be used to carry on the emissions-intensive trade-exposed activity as to whether the equipment: (i) will be constructed, commissioned or recommissioned as described in the application; and (ii) is likely to be ready to produce the relevant product; and (d) information in general terms about the arrangements that are in place to finance the installation of any equipment at the site; and (e) a statement of any factors of which the applicant is aware that would stop or delay the carrying out of the emissions-intensive trade-exposed activity or the installation of any equipment at the site. (2) Paragraph (1)(c) applies only to principal equipment that has not been constructed, commissioned or recommissioned at the time of the application. 22R Information to be included in applications for significantly expanded site (1) An application under subsection 46A(1) of the Act for a year (the application year) and a site that meets the criteria for a significant expansion specified in subregulation 22ZD(4) must: (a) describe any relevant equipment that has been, or will be, installed or recommissioned and explain how the relevant equipment will increase the production of the relevant product in the financial year that began 6 months before the application year; and (b) identify any relevant product the production of which is expected to increase in the financial year that began 6 months before the application year; and (c) set out the amount or volume of the relevant product referrable to the site that was produced during the financial year that ended 6 months before the application year; and 64 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Exemption Certificates Part 3A Applications for exemption certificates Division 4

Regulation 22R (d) set out the amount or volume of the relevant product that is reasonably likely to be produced during the financial year that began 6 months before the application year and is referrable to the site; and (e) state whether any other equipment is to be decommissioned or operated at a lower rate after the new equipment is installed or relevant existing equipment is recommissioned; and (f) state the maximum productive capacity of the equipment that: (i) is at the site before the installation of the equipment mentioned in paragraph 22ZD(4)(b); and (ii) may be used to produce the relevant product; and (g) state the maximum productive capacity of all of the equipment that is to be used to produce the relevant product after: (i) the commissioning of the equipment that is to be installed; and (ii) any existing equipment that is to be decommissioned has been decommissioned; and (h) identify any contracts or other arrangements that have been entered into to buy the output of the facility; and Note: The information need not include the price of the output. (i) for new equipment that is being installed at the time of the application, give information about the commissioning of the principal equipment that is to be used to carry on the emissions-intensive trade-exposed activity, including a description of when and how the equipment will be commissioned; and (j) for new equipment that is being installed at the time of the application, include a statement by the person constructing the principal equipment that is to be used to carry on the activity as to whether the equipment: (i) will be constructed as described in the application; and (ii) is likely to be ready to produce the relevant product; and (k) include information in general terms about the arrangements that are in place to finance the installation of any equipment at the site; and (l) include a statement of any factors of which the applicant is aware that would stop or delay the carrying out of the emissions-intensive trade-exposed activity or the installation of any equipment at the site. (2) However, if more than 1 relevant product for an emissions-intensive trade-exposed activity is produced at a site, the information in subregulation (1) must relate only to each relevant product, the expected production of which is directly affected by the use of the equipment. (3) This regulation does not apply to an application if the amount of the exemption applied for is to be worked out under Division 5A (electricity use method). Renewable Energy (Electricity) Regulations 2001 65 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 3A Exemption Certificates Division 4 Applications for exemption certificates

Regulation 22S 22S Information to be included for person prescribed under regulation 22L or 22LA (1) If an application under subsection 46A(1) of the Act is made by a prescribed person mentioned in subregulation 22L(1), in addition to the information mentioned in subregulation 22O(1), the application must: (a) specify the circumstances in which the liable entity (the old liable entity) mentioned in paragraph 22L(1)(b) ceased to be the liable entity; and (b) provide evidence of the date on which the old liable entity ceased to be the liable entity and the date the liable entity mentioned in paragraph 22L(1)(c) (the new liable entity) became the liable entity; and (c) provide evidence that both the old and new liable entity have been informed of the application. (2) If an application under subsection 46A(1) of the Act is made by a prescribed person mentioned in subregulation 22L(2), in addition to the information mentioned in subregulation 22O(1), the application must: (a) specify the circumstances in which the liable entity (the old liable entity) mentioned in paragraph 22L(2)(a) ceased to be the liable entity; and (b) provide evidence of the date on which the old liable entity ceased to be the liable entity and the date the liable entity mentioned in paragraph 22L(2)(b) (the new liable entity) became the liable entity; and (c) provide evidence that both the old and new liable entity have been informed of the application. (3) If an application under subsection 46A(1) of the Act is made by a prescribed person mentioned in regulation 22LA, in addition to the information mentioned in subregulation 22O(1), the application must: (a) specify the circumstances in which the liable entity mentioned in paragraph 22LA(c) (the old liable entity) ceased to be the liable entity; and (b) provide evidence of the date on which the old liable entity ceased to be the liable entity and the date the liable entity mentioned in paragraph 22LA(d) (the new liable entity) became the liable entity; and (c) provide evidence that both the old and new liable entity have been informed of the application; and (d) if the applicant considers the use amount for the new liable entity should be identified in a way that is materially different from the way the use amount for the old liable entity is identified—include a description of the material difference; and (e) provide a description of, and reasons for, amendments that the applicant considers the Regulator should make to an exemption certificate issued in relation to the old liable entity. 66 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Exemption Certificates Part 3A Applications for exemption certificates Division 4

Regulation 22T 22T Information to be included for person prescribed under regulation 22M or 22MA (1) If an application under subsection 46A(1) of the Act is made by a prescribed person mentioned in regulation 22M, in addition to the information mentioned in subregulation 22O(1), the application must: (a) include a description of the liable entities in relation to electricity consumed at the site and the amount of relevant acquisitions expected in relation to each liable entity in the year to which the exemption certificate relates; and (b) provide evidence that the liable entities specified in the certificates mentioned in regulation 22M have been informed of the application. (2) If an application under subsection 46A(1) of the Act is made by a prescribed person mentioned in regulation 22MA, in addition to the information mentioned in subregulation 22O(1), the application must: (a) include a description of the liable entities in relation to electricity consumed at the site and the amount of relevant acquisitions expected in relation to each liable entity in the year to which the exemption certificate relates; and (b) provide evidence that the liable entities specified in the certificates mentioned in regulation 22MA have been informed of the application; and (c) if the applicant considers the use amount for the entity mentioned in paragraph 22MA(c) (the added liable entity) should be identified in a way that is materially different from the way the use amount for one or more liable entities mentioned in paragraph 22MA(a) (the earlier liable entity) is identified—include a description of the material difference; and (d) provide a description of, and reasons for, amendments that the applicant considers the Regulator should make to one or more exemption certificates that have been issued in relation to one or more earlier liable entities. Subdivision BA—Reports to accompany certain applications for exemption amounts to be worked out under Division 5 (production calculation method) 22UA Reports to accompany certain applications (1) This Subdivision is made for paragraph 46A(2)(bb) of the Act and sets out the reports that must accompany certain applications under subsection 46A(1) of the Act. (2) This subdivision applies to an application: (aa) for which the amount of the exemption applied for is to be worked out under Division 5 (production calculation method); and (a) for 2012 or a subsequent year; and (b) that is made by a person who is a prescribed person under regulation 22G, 22H, 22I, 22J or 22K; and Renewable Energy (Electricity) Regulations 2001 67 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 3A Exemption Certificates Division 4 Applications for exemption certificates

Regulation 22UB (c) for which the amount of exemption applied for exceeds 15 000 MWh for the application year. 22UB Application to be accompanied by audit report (1) The application must be accompanied by an audit report that complies with this regulation. (2) The audit report must be prepared by: (a) a person that is a registered company auditor under section 1280 of the Corporations Act 2001; or (b) a company that is an authorised audit company under section 1299C of the Corporations Act 2001; or (c) a registered greenhouse and energy auditor, within the meaning of the National Greenhouse and Energy Reporting Act 2007, who is registered as a Category 2 auditor under the National Greenhouse and Energy Reporting Regulations 2008. (3) The audit report must set out, under a separate heading from any limited assurance conclusion provided, the auditor’s reasonable assurance conclusion as to whether: (a) the activities set out in the application that are claimed to be an emissions-intensive trade-exposed activity comply, in all material respects, with each of the requirements in the description of the activity set out in Schedule 6; and (b) the application presents fairly, in all material respects, the amount or volume of the relevant product produced in each previous financial year that is relevant to the application in accordance with: (i) the requirements for that amount or volume set out in Schedule 6; and (ii) the measurement policies adopted and disclosed by the applicant in the application. (3A) For an application to which subregulation 22ZD(3) or (4) applies, the audit report must set out, under a separate heading from any reasonable assurance conclusion provided, the auditor’s limited assurance conclusion as to whether, based on the audit procedures performed, anything causes the auditor to believe that: (a) the applicant’s assumptions do not provide a reasonable basis for the preparation of the expected production amount or volume of the relevant product; and (b) the expected production is not properly prepared, in all material respects, on the basis of the assumptions described in the application; and (c) the expected production is not presented fairly, in all material respects, in accordance with the measurement policies adopted and disclosed by the applicant in the application. (4) The audit company or auditor mentioned in subregulation (2) must be independent of the applicant or applicants to the extent that a conflict of interest situation (within the meaning of the National Greenhouse and Energy Reporting Regulations 2008) does not arise in relation to the auditing of the application. 68 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Exemption Certificates Part 3A Applications for exemption certificates Division 4

Regulation 22UC (5) The person preparing the audit report must ensure that the audit to which the report relates is conducted in accordance with the relevant requirements for assurance engagements under: (a) subject to regulation 22UC, the National Greenhouse and Energy Reporting (Audit) Determination 2009; or (b) if a registered company auditor or authorised audit company is not a registered greenhouse and energy auditor, and does not wish to use the requirements in that instrument: (i) ASAE 3000, Assurance Engagements Other than Audits or Reviews of Historical Financial Information, issued by the Auditing and Assurance Standards Board; and (ii) any other relevant auditing standard issued by the Auditing and Assurance Standards Board. 22UC Application of National Greenhouse and Energy Reporting (Audit) Determination 2009 For paragraph 22UB(5)(a), a reference in the definition of misstatement in the National Greenhouse and Energy Reporting (Audit) Determination 2009 to ‘the Act’ or ‘the Regulations’ is to be read as a reference to the Renewable Energy (Electricity) Act 2000 and these Regulations. Subdivision BB—Reports to accompany certain applications for exemption amounts to be worked out under Division 5A (electricity use method) 22UF Application of this Subdivision This Subdivision is made: (a) for the purposes of paragraph 46A(2)(bb) of the Act; and (b) in relation to an application for an exemption certificate for which the amount of the exemption is to be worked out under Division 5A (electricity use method). 22UG When an audit report is required Applicant using electricity use method for first time (1) An application for a year, in relation to a site, must be accompanied by an audit report if: (a) the applicant has not previously made an application in relation to the site for which the amount of the exemption applied for is to be worked out under Division 5A (electricity use method); and (b) the total amount of exemptions applied for in the application is likely to exceed 15,000 MWh. Renewable Energy (Electricity) Regulations 2001 69 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 3A Exemption Certificates Division 4 Applications for exemption certificates

Regulation 22UG Every 3 years (2) An application for a year, in relation to a site, must also be accompanied by an audit report if: (a) the year is at least 2 years after the last year for which an application made by the applicant in relation to the site was accompanied by an audit report required under this regulation; and (b) the total amount of exemptions applied for in the application is likely to exceed 15,000 MWh. On request (3) An application for a year, in relation to a site, must also be accompanied by an audit report if the Regulator has given the applicant a notice in writing for the year and the site in accordance with subregulation (4). (4) For the purposes of subregulation (3), the Regulator may give a person a written notice, for a year and a site, requiring an application by the person to be accompanied by an audit report, if the Regulator is satisfied that the way the use amount for a liable entity is identified for the year in relation to the site is likely to be materially different from the way the use amount for a liable entity is identified in relation to the site for the year or the previous year. Application by prescribed person mentioned in regulation 22LA or 22MA (5) Subject to subregulation (7), an application for a year, in relation to a site, must also be accompanied by an audit report if: (a) the application is made by a prescribed person mentioned in regulation 22LA; and (b) the applicant considers that the use amount for the new liable entity mentioned in paragraph 22LA(d) should be identified in a way that is materially different from the way the use amount for the old liable entity mentioned in paragraph 22LA(c) is identified; and (c) the total amount of exemptions applied for in the application is likely to exceed 15,000 MWh. (6) Subject to subregulation (7), an application for a year, in relation to a site, must also be accompanied by an audit report if: (a) the application is made by a prescribed person mentioned in regulation 22MA; and (b) the applicant considers that the use amount for the added liable entity mentioned in paragraph 22MA(c) should be identified in a way that is materially different from the way the use amount for one or more earlier liable entities mentioned in paragraph 22MA(a) is identified; and (c) the total amount of exemptions applied for in the application is likely to exceed 15,000 MWh. (7) Subregulations (5) and (6) do not apply if the Regulator determines that an audit report is not required. 70 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Exemption Certificates Part 3A Applications for exemption certificates Division 4

Regulation 22UH (8) The applicant may apply to the Regulator for a determination that an audit report is not required. 22UH Requirements for audit report (1) The audit report must be prepared by a registered greenhouse and energy auditor (within the meaning of the National Greenhouse and Energy Reporting Act 2007): (a) who is registered as a Category 2 auditor under the National Greenhouse and Energy Reporting Regulations 2008; and (b) for whom no conflict of interest situation (within the meaning of those Regulations) exists in relation to the applicant. (2) The auditor must ensure that the audit to which the report relates is conducted in accordance with the applicable requirements under the National Greenhouse and Energy Reporting (Audit) Determination 2009 for assurance engagements. (3) The audit report must set out the auditor’s reasonable assurance conclusion as to whether: (a) the activities set out in the application that are claimed to be an emissions-intensive trade-exposed activity comply, in all material respects, with each of the requirements in the description of the activity set out in Schedule 6; and (b) the application presents fairly, in all material respects, the electricity use method advice (see paragraph 22O(1)(i)); and (c) the electricity use method advice is reasonable, and in all material respects is not likely to result in including an amount of electricity that is not a use amount; and (d) if an audit report is required under subregulation 22UG(5) or (6)—the amendments and reasons for the amendments mentioned in paragraph 22S(3)(e) or 22T(2)(d) are reasonable. Subdivision C—Time and manner of lodging applications under section 46A of the Act 22V Time for lodging This Subdivision is made for paragraph 46A(2)(c) of the Act. 22X Time for lodging—applications for exemption amount to be worked out under Division 5 (production calculation method) (1AA) This regulation applies in relation to an application for an exemption certificate, for a year, if the amount of the exemption is to be worked out under Division 5 (production calculation method). (1) An application under subsection 46A(1) of the Act for an exemption certificate in relation to a year occurring after 2010 made by a prescribed person mentioned Renewable Energy (Electricity) Regulations 2001 71 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 3A Exemption Certificates Division 4 Applications for exemption certificates

Regulation 22XA in regulation 22G, 22H, 22I, 22J or 22K must be lodged with the Regulator before 31 March of the year to which the application relates. (1A) However, if an application under subsection 46A(1) of the Act for an exemption certificate is: (a) for 2013; and (b) made by a prescribed person mentioned in regulation 22G, 22H, 22I, 22J or 22K; and (c) for an emissions-intensive trade-exposed activity mentioned in Part 51 or 52 of Schedule 6 (production of glass wool or coal char); the application must be lodged with the Regulator before 13 December 2013. (2) An application under subsection 46A(1) of the Act for an exemption certificate in relation to a year occurring after 2010 made by a prescribed person mentioned in regulation 22L must be lodged with the Regulator before 1 January of the year immediately following the year to which the application relates. (3) An application under subsection 46A(1) of the Act for an exemption certificate made by a person mentioned in regulation 22M must be lodged with the Regulator before: (a) if the application relates to a liable entity first mentioned in subparagraph 22M(b)(i)—1 July of the year to which the application relates; or (b) if the application relates to a liable entity first mentioned in subparagraph 22M(b)(ii)—1 January of the year immediately after the year to which the application relates. 22XA Time for lodging—applications for exemption amount to be worked out under Division 5A (electricity use method) (1) This regulation applies in relation to an application for an exemption certificate, for a year, if the amount of the exemption is to be worked out under Division 5A (electricity use method). (2) If the applicant is a prescribed person mentioned in regulation 22G, 22H, 22I, 22J or 22K, the application must be lodged during the period: (a) starting on 1 August of the previous year; and (b) ending on 30 March of the year. (3) If the applicant is a prescribed person mentioned in regulation 22LA or 22MA, the application must be lodged by the end of the year. 22Y Manner and form of lodging An application under subsection 46A(1) of the Act must be lodged with the Regulator in a manner and form specified by the Regulator on the Regulator’s website. 72 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Exemption Certificates Part 3A Method for working out amount of exemption: production calculation method (before 2020) Division 5

Regulation 22Z Division 5—Method for working out amount of exemption: production calculation method (before 2020) Subdivision A—General 22Z Method for calculating amount of exemption (1) This Division is made for paragraph 46B(1)(a) of the Act and prescribes the method for calculating the amount of a liable entity’s exemption for a year in relation to an emissions-intensive trade-exposed activity and site mentioned in an application under subsection 46A(1) of the Act. (1A) This Division does not apply for working out the amount of a liable entity’s exemption if Division 5A applies. Note: Division 5A applies for 2020 and later years. Division 5A may apply in some cases for 2018 and 2019 as well. See regulation 22ZHA. (2) For the purpose of calculating the liable entity’s exemption in respect of the emissions-intensive trade-exposed activity, Divisions 2 and 3 of a Part in Schedule 6 set out, respectively: (a) whether the activity is: (i) highly emissions-intensive; or (ii) moderately emissions-intensive; and (b) the electricity baseline for calculating the amount of the liable entity’s exemption in respect of the activity. (3) Subdivision B sets out the method for calculating the amount of the liable entity’s exemption. Subregulation 22ZA(1) contains the formula for the calculation. (4) Subdivision C sets out matters relating to ASP, a factor in the formula. (5) Subdivision D sets out matters relating to G, a factor in the formula. (6) Subdivision E sets out the method for calculating the amount of an exemption where the applicant is a prescribed person because of regulation 22L or 22M. Subdivision B—Method for calculation 22ZA Method (1) Subject to subregulation (3) and regulations 22ZF and 22ZG, the method for calculating the amount of the liable entity’s exemption for the year in relation to the emissions-intensive trade-exposed activity and site mentioned in the application under subsection 46A(1) of the Act is: PEia t = EPa  ASPia t  k a t  Gia t where: Renewable Energy (Electricity) Regulations 2001 73 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 3A Exemption Certificates Division 5 Method for working out amount of exemption: production calculation method (before 2020)

Regulation 22ZB PE is the amount of the liable entity’s exemption measured in megawatt hours. i represents the liable entity. a represents the emissions-intensive trade-exposed activity carried on at the site and mentioned in the application. t represents the year to which the application relates and during which the activity is, or is to be, carried on at the site. EP is the electricity baseline set out in Division 3 of a Part (other than Part 1) in Schedule 6 in respect of the activity. ASP is the amount or volume of relevant product produced by the activity as determined under Subdivision C. kat means 100%. G is an adjustment for the generation or acquisition of electricity (that does not constitute a relevant acquisition) and is worked out under subregulation 22ZE(1) and expressed as a percentage. (3) If a liable entity’s exemption calculated for a year in accordance with subregulation (1) is a negative amount, the entity’s exemption for the year is zero. (6) If there are multiple relevant products for the same emissions-intensive trade-exposed activity, the formula in subsection (1) must be applied to each of those products and the result summed to calculate the amount of the exemption. Subdivision C—Matters relating to factor ASP 22ZB Factor—ASP (1) For the factor ASP in subregulation 22ZA(1), the amount or volume of relevant product for 2010 is the amount or volume: (a) that: (i) was produced by the applicant in the financial year commencing on 1 July 2006, 1 July 2007 or 1 July 2008; or (ii) if no relevant product was produced in any of those financial years— is reasonably likely to be produced in the financial year commencing on 1 July 2009; and (b) that is set out in the application; and (c) that the Regulator is, in accordance with regulation 22ZC, satisfied is accurate or is the best estimate of the amount or volume possible in all the circumstances; and (d) is referrable to the site mentioned in the application. (2) For the factor ASP in subregulation 22ZA(1), the amount or volume relevant product for a year after 2010 is the amount or volume that: 74 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Exemption Certificates Part 3A Method for working out amount of exemption: production calculation method (before 2020) Division 5

Regulation 22ZB (a) is set out in the application; and (b) the Regulator is, in accordance with regulation 22ZC, satisfied: (i) is accurate or the best estimate of the amount or volume possible in all the circumstances; and (ii) has been correctly calculated using the formula in subregulation (3). (2A) For an application relating to an activity mentioned in Part 51 or 52 of Schedule 6 (production of glass wool or coal char) for the year ending 30 June 2013, the factor ASP in subregulation 22ZA(1) is worked out using the formula in subregulation (3) or using the following formula: ASP  SPia 2013 where: SPia2013 is the amount or volume of the relevant product produced in the financial year ending 30 June 2013 that is referrable to the site mentioned in the application. (3) For subparagraph (2)(b)(ii), the formula is: SPia tfinprev + EASPia tfincurr +STia tfincurr where: SPiatfinprev is, subject to subregulations (4A) and (4B), the amount or volume of the relevant product produced in the financial year that ended 6 months before the year to which the application relates and that is referrable to the site mentioned in the application. EASPiatfincurr is the new or expected additional production (within the meaning of subregulation 22ZD(1)) for: (a) the liable entity; and (b) the site that meets: (i) for a new entrant—1 of the criteria specified in subregulation 22ZD(3); or (ii) for a significant expansion—the criteria specified in regulation 22ZD (4). STiatfincurr is, subject to subregulation (4), the adjustment for the previous financial year’s production, worked out using the formula: SPia tfinprev - SPia tfinprev-1 - EASPia tfinprev where: SPiatfinprev is, subject to subregulations (4A) and (4B), the amount or volume of the relevant product produced in the financial year that ended 6 months before the year to which the application relates and that is referrable to the site mentioned in the application. SPiatfinprev-1 is, subject to subregulation (5), the amount or volume of the relevant product produced in the financial year that began 30 months before the year to Renewable Energy (Electricity) Regulations 2001 75 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 3A Exemption Certificates Division 5 Method for working out amount of exemption: production calculation method (before 2020)

Regulation 22ZC which the application relates and that is referrable to the site mentioned in the application. EASPiatfinprev is the amount or volume that related to expected production for the relevant site in the financial year that began 18 months before the year to which the application relates and was referrable to the site mentioned in the application. (4) In subregulation (3), the factor STiatfincurr is 0 in relation to a site: (a) that meets the new entrant criteria specified in subregulation 22ZD(3); or (b) in respect of which no exemption certificate was issued in the year preceding the application for the emissions-intensive trade-exposed activity and site to which the application relates. (4A) For the activity of petroleum refining, the factor SPiatfinprev in subregulation (3) is 0 in relation to a site: (a) that meets the new entrant site criteria specified in subregulation 22ZD(3); and (b) for which the combined volume of diesel, jet fuel, unleaded petrol, lubricant base stocks and bitumen, at 15 °C and 1 atmosphere, that is produced from stabilised crude petroleum oil, condensate, tallow, vegetable oil and eligible petroleum feedstocks is less than 75% of the total kilolitres of those substances used in the financial year that ended 18 months before the year to which the application relates. (4B) For the activity of integrated iron and steel manufacturing, the factor SPiatfinprev in subregulation (3) is 0 in relation to a site: (a) that meets the new entrant site criteria specified in subregulation 22ZD(3); and (b) for which, in the financial year that ended 18 months before the year to which the application relates, the percentage of cold ferrous feed transformed into 1 or more of the items in subparagraphs 656(1)(e)(i) to (iii) of Schedule 6, as a portion of molten iron and cold ferrous feed, was greater than 30%. (5) For the 2011 year, in the formula for STiatfincurr in subregulation (3), factor SPiatfinprev-1 is the amount or volume of relevant product that was set out in the application for 2010. 22ZC Regulator must be satisfied about amount or volume (1) For paragraph 22ZB(1)(c), the Regulator must be satisfied that the amount or volume is accurate or the best estimate of the relevant amount or volume possible in all the circumstances. (2) For paragraph 22ZB(2)(b), the Regulator must be satisfied that the amount or volume: (a) is accurate or the best estimate of the relevant amount or volume possible in all the circumstances; and (b) correctly calculated under subregulation 22ZB(3). 76 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Exemption Certificates Part 3A Method for working out amount of exemption: production calculation method (before 2020) Division 5

Regulation 22ZC (3) Under subregulations (1) and (2), the Regulator must be so satisfied in relation to: (a) the year to which the application relates; and (b) the liable entity that is the subject of the application; and (c) the period during which the emissions-intensive trade-exposed activity is carried on; and (d) the site that is mentioned in the application. (4) The Regulator must, when deciding under subregulation (1) or (2), have regard to the following: (a) if the amount or volume relates to an amount or volume previously given to the Department of Climate Change and Energy Efficiency for: (i) the assessment of whether the activity should be an emissions-intensive trade-exposed activity; and (ii) the determination of the electricity baseline for each relevant product of the activity; the amount or volume and any related audit report provided with it; (b) if the application relates to 2013 or 2014—the considerations that applied under the Jobs and Competitiveness Program in relation to an application for free carbon units in respect of an equivalent amount or volume of relevant product; (ba) if the application relates to 2015—the considerations that apply under the modified JCP in relation to a reportable application for free carbon units in respect of an equivalent amount or volume of relevant product; (c) if the application relates to 2016 or a later year—the following matters in relation to the measurement of an amount or volume of relevant product: (i) any relevant requirements imposed by or under the National Measurement Act 1960; (ii) the way in which the amount or volume of relevant product is measured by the industry; (iii) accredited industry test methods for measuring the amount or volume of relevant product; (iv) whether the measurement of the amount or volume of the relevant product is frequent enough to produce data that is representative and unbiased; (v) the risk of the relevant product not satisfying the qualities required by Schedule 6; (vi) the administrative costs in implementing more accurate testing methods for measuring the amount or volume of relevant product at the site; (d) any other relevant matter. (5) In this regulation: Renewable Energy (Electricity) Regulations 2001 77 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 3A Exemption Certificates Division 5 Method for working out amount of exemption: production calculation method (before 2020)

Regulation 22ZD modified JCP has the meaning given by subsection 3(2) of the Clean Energy Legislation (Carbon Tax Repeal) (Jobs and Competitiveness Program) Rules 2014. reportable application has the meaning given by subsection 3(2) of the Clean Energy Legislation (Carbon Tax Repeal) (Jobs and Competitiveness Program) Rules 2014. 22ZD Factor—EASPiatfincurr New or expected additional production (1) For the factor EASPiatfincurr in subregulation 22ZB(3), new or expected additional production is, if the site meets the criteria for a new entrant, the amount or volume of relevant product that is reasonably likely to be produced in the financial year that began six months before the year to which the application relates and that is referrable to that site. (2) For the factor EASPiatfincurr in subregulation 22ZB(3), new or expected additional production is, if the site meets the criteria for a significant expansion, the amount or volume of the relevant product that: (a) is reasonably likely to be produced in the financial year that began six months before the year to which the application relates; and (b) exceeds the amount of the production of the relevant product produced in the previous financial year; and (c) is referrable to that site. Criteria for new entrant site (3) For subparagraph (b)(i) of the factor EASPiatfincurr in subregulation 22ZB(3), the specified criteria are: (a) the emissions-intensive trade-exposed activity mentioned in the application in relation to the site has not been carried on at that site in the financial year that began 18 months before the year to which the application relates; or (b) all of the following: (i) the emissions-intensive trade-exposed activity mentioned in the application in relation to the site was carried on for the first time at that site in the financial year that began 18 months before the year to which the application relates; (ii) no application for an exemption certificate was made in relation to the carrying on of that activity at that site for the previous year; or (c) all of the following: (i) the emissions-intensive trade-exposed activity mentioned in the application in relation to the site commenced to be carried on again at the site in the financial year that began 18 months before the year to which the application relates after a period of more than 12 months during which the activity was not carried on at the site; 78 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Exemption Certificates Part 3A Method for working out amount of exemption: production calculation method (before 2020) Division 5

Regulation 22ZD (ii) no application for an exemption certificate was made in relation to the carrying on of that activity at that site for the previous year. Criteria for significant expansion site (4) For subparagraph (b)(ii) of the factor EASPiatfincurr in subregulation 22ZB(3), the specified criteria are: (a) an emissions-intensive trade-exposed activity was carried on at the site in the year preceding the year to which the application relates; and (b) equipment has been installed, or is to be installed, at the site to carry on the activity; and (c) the equipment has not previously been taken into account under these Regulations in relation to the significant expansion of a site; and (d) for equipment that has been installed—the equipment was first fully installed at the site not more than 4 and a half years before the start of the year to which the application relates; and (e) for equipment that is to be installed—the equipment is expected to be installed, or substantially installed, within 6 months after the end of the year to which the application relates; and (f) after the equipment is commissioned, and any existing equipment that is to be decommissioned has been decommissioned, the maximum productive capacity of the equipment used to produce the relevant product will be more than 20% greater than the maximum productive capacity of the equipment that existed before the installation. (5) In paragraph (4)(f), a reference to the equipment that existed before the installation does not include decommissioned equipment that exists at the site and that: (a) has not been used since the equipment was installed; and (b) is not proposed to be used for at least 12 months after the application year. (6) In subregulation (4), equipment means equipment that is used, or is to be used, to carry on an emission-intensive trade-exposed activity, including the following: (a) an apparatus; (b) an appliance; (c) a boiler; (d) a chimney; (e) a crane; (f) a device; (g) a dredge; (h) a dryer; (i) an electrolytic cell; (j) an engine; (k) a furnace; (l) a generator; (m) an incinerator; Renewable Energy (Electricity) Regulations 2001 79 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 3A Exemption Certificates Division 5 Method for working out amount of exemption: production calculation method (before 2020)

Regulation 22ZE (n) an instrument; (o) a kiln; (p) a machine; (q) an oven; (r) plant; (s) a retort; (t) a structure; (u) a tool. Subdivision D—Matters relating to factor G 22ZE Factor—G (1) For subregulation 22ZA(1), G is worked out using the following formula: ECia tfinprev - EG ia tfinprev ECia tfinprev where: ECiatfinprev is: (a) for a site that does not meet the criteria specified in subregulation 22ZD(3) for a new entrant—the amount of electricity (measured in MWh) that is consumed at the site at which the activity occurs in the financial year that ended 6 months before the year to which the application relates; or (b) for a site that meets the criteria specified in subregulation 22ZD(3) for a new entrant—the amount of electricity (measured in MWh) that is reasonably likely to be consumed at the site in the financial year that began 6 months before the year to which the application relates. EGiatfinprev is: (a) for a site that does not meet the criteria specified in subregulation 22ZD(3) for a new entrant—the sum of the following amounts of electricity (measured in MWh) for the financial year that ended 6 months before the year to which the application relates: (i) the amount of electricity generated and consumed at the site for which there is no relevant acquisition; (ii) the amount of electricity delivered to the site for which no relevant acquisition occurs between the point of generation and the point of use; or (b) for a site that meets the criteria specified in subregulation 22ZD(3) for a new entrant—the sum of the following amounts of electricity (measured in MWh) for the financial year that began 6 months before the year to which the application relates: (i) the amount of electricity that is reasonably likely to be generated and consumed at the site for which there is no relevant acquisition; 80 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Exemption Certificates Part 3A Method for working out amount of exemption: production calculation method (before 2020) Division 5

Regulation 22ZF (ii) the amount of electricity that is reasonably likely to be delivered to the site for which no relevant acquisition occurs between the point of generation and the point of use. (2) For the purposes of working out G using the formula in subregulation (1), electricity generation from an electricity generator with a nameplate rating of less than 1 MW may be disregarded. Subdivision E—Method for calculation if liable entity changes and new certificate is issued 22ZF Prescribed method if liable entity changes and new certificate is issued— paragraph 46B(1)(a) of the Act (1) If: (a) a prescribed person is issued an exemption certificate in relation to the liable entity (the old liable entity) set out in the application made by that person under subsection 46A(1) of the Act; and (b) during the same year, the prescribed person applies for another exemption certificate in relation to another liable entity (the second liable entity) as a prescribed person mentioned in regulation 22L; the amount of the second liable entity’s exemption is calculated in accordance with the following formula: OL  D year's days where: OL is the amount of the exemption, expressed in megawatt hours, set out in the exemption certificate issued in relation to the old liable entity. D is the number of days in the year for which the second liable entity will be the liable entity in relation to the exemption. year’s days is the number of days in the year to which the exemption certificates relate. (2) If: (a) the Regulator issues an exemption certificate mentioned in paragraph (1)(b); and (b) during the same year, the prescribed person applies for another exemption certificate in relation to another liable entity (the third liable entity) as a prescribed person mentioned in regulation 22L; the amount of the third liable entity’s exemption is calculated in accordance with the following formula: OL  D OLD where: Renewable Energy (Electricity) Regulations 2001 81 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 3A Exemption Certificates Division 5 Method for working out amount of exemption: production calculation method (before 2020)

Regulation 22ZG OL is the amount of the exemption, expressed in megawatt hours, set out in the exemption certificate issued in relation to the second liable entity. D is the number of days in the year for which the third liable entity will be the liable entity in relation to the exemption. OLD is the number of days used as D in subregulation (1). 22ZG Prescribed method if there is a second liable entity and new certificate is issued—paragraph 46B(1)(a) of the Act If: (a) a prescribed person is issued an exemption certificate in relation to the liable entity (the first liable entity) set out in the application made by that person under subsection 46A(1) of the Act; and (b) during the same year, the prescribed person applies for another exemption certificate in relation to another liable entity (the second liable entity) as a prescribed person mentioned in regulation 22M; the amount of the second liable entity’s exemption is calculated in accordance with the following formula: OL  SL  (SL  FL) where: OL is the amount of the exemption, expressed in megawatt hours, set out in the exemption certificate issued in relation to the first liable entity. SL is the reasonable estimate of the expected relevant acquisitions of electricity consumed at the site by the second liable entity in the year to which the exemption relates. FL is the reasonable estimate of the expected relevant acquisitions of electricity consumed at the site by the first liable entity in the year to which the exemption certificate relates. 82 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Exemption Certificates Part 3A Method for working out amount of exemption: electricity use method Division 5A

Regulation 22ZHA Division 5A—Method for working out amount of exemption: electricity use method 22ZHA Application of this Division (1) This Division applies for the purposes of working out the amount of a liable entity’s exemption, in relation to an emissions-intensive trade-exposed activity and a site, for 2020 and later years. (2) This Division also applies for the purposes of working out the amount of a liable entity’s exemption, in relation to an emissions-intensive trade-exposed activity and a site, for a year before 2020, if: (a) the application for the exemption certificate for the year indicates that the applicant chooses for this Division to apply instead of Division 5; or (b) a previous application for an exemption certificate for the year, in relation to any activity carried on at the site (whether or not made by the same applicant or for the same liable entity) indicated that the applicant chose for this Division to apply instead of Division 5; or (c) both: (i) the site is part of an activity group; and (ii) a previous application for an exemption certificate for the year, in relation to any activity carried on at any site that is part of the activity group (whether or not made by the same applicant or for the same liable entity) indicated that the applicant chose for this Division to apply instead of Division 5; or (d) the activity was prescribed as an emissions-intensive trade-exposed activity within the meaning of these Regulations on or after the day this regulation commenced; or (e) the year is 2019 and the total electricity consumed at the site in 2018 was more than 2,000 GWh; or (f) the year is 2019 and the amount of the exemption in an exemption certificate issued for 2018 in relation to any activity carried on at the site was worked out under this Division. 22ZHB When electricity is consumed in carrying on an activity For the purposes of this Division, electricity is only consumed in carrying on an emissions-intensive trade-exposed activity if: (a) every aspect of the activity as described in Schedule 6 is carried on at the site; or (b) aspects of the activity are carried on at different sites and all of those sites together constitute an activity group within the meaning of subregulation 22A(9). Renewable Energy (Electricity) Regulations 2001 83 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 3A Exemption Certificates Division 5A Method for working out amount of exemption: electricity use method

Regulation 22ZHC 22ZHC Method for working out amount of exemption (1) For the purposes of paragraph 46B(4)(a) of the Act, this regulation prescribes the method for working out, for a liable entity in relation to which an application for an exemption certificate is made, the amount of the liable entity’s exemption for a year, in relation to the emissions-intensive trade-exposed activity or activities, and the site, specified in the application. (2) The method is: (a) unless subregulation (3) applies, to use metering data to identify the amount of electricity consumed at the site in the year that is: (i) acquired by, or from, the liable entity under a relevant acquisition; and (ii) consumed in carrying on the activity or activities; (the use amount for the liable entity); and (b) to adjust the use amount by adding or subtracting an amount to reflect: (i) any changes to the exemption amount in an exemption certificate (within the meaning of subsection 38B(2) of the Act) in relation to the previous year that resulted from changes to the final settlement data issued by AEMO; and (ii) any errors in metering data used to identify the exemption amount in an exemption certificate in relation to the previous year; and (c) if the result is not a whole MWh—to round the result down to the nearest whole MWh. This is the certifiable amount. (3) If the Regulator is satisfied that metering data is not sufficient, or not appropriate, to identify the use amount for the liable entity, the Regulator may instead determine a formula to be used to identify the use amount for the liable entity. Note: The formula may or may not use metering data, as well as having other elements based on data from a site. (4) The metering data used may be: (a) data for the year; or (b) if the Regulator is satisfied that a reasonable approximation of the use amount can be obtained by using data for a 12 month period determined by the Regulator that includes at least 3 quarters in the year—data for that 12 month period. (5) In making a decision for the purposes of this regulation, the Regulator’s object must be to choose the most accurate way to identify the use amount for a liable entity, having regard to: (a) the instrument titled Emissions-Intensive Trade-Exposed Activity Boundaries, as existing from time to time; and (b) the practicalities and costs of giving effect to the method; and (c) any other matters the Regulator considers relevant. 84 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Exemption Certificates Part 3A Method for working out amount of exemption: electricity use method Division 5A

Regulation 22ZHD 22ZHD Notice of certifiable amount As soon as practicable after a certifiable amount is determined in accordance with the method specified or described in an exemption certificate, the Regulator must give written notice of the amount: (a) to the applicant for the certificate; and (b) if the applicant consents to the Regulator doing so—to the liable entity to which the certificate relates. Renewable Energy (Electricity) Regulations 2001 85 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 3A Exemption Certificates Division 6 Form of exemption certificate

Regulation 22ZI Division 6—Form of exemption certificate 22ZI Prescribed information—paragraph 46B(1)(b) of the Act This Division prescribes information for paragraph 46B(1)(b) of the Act. 22ZJ Exemption certificate information The following information is prescribed information: (a) a unique identification number for the certificate as determined by the Regulator; (b) the name of the person to whom the certificate is issued; (c) the name of the liable entity to whom the application relates (as referred to in paragraph 46A(1)(b) of the Act); (d) the site and the emissions-intensive trade-exposed activity or activities to which the application relates; (e) the year to which the application relates; (f) the date the certificate is issued; (g) if the amount of the exemption is worked out under Division 5 (production calculation method)—the amount of production that was used in the determination of the liable entity’s exemption for the year in relation to the site and the emissions-intensive trade-exposed activity; (h) if the amount of the exemption is worked out under Division 5 (production calculation method)—the percentage calculated in accordance with subregulation 22ZE(1) and used in the determination of the liable entity’s exemption for the year in relation to the site and the emissions-intensive trade-exposed activity; (ha) if the amount of the exemption is worked out under Division 5A (electricity use method) and the Regulator determines a formula to be used to identify the use amount for the liable entity under subregulation 22ZHC(3)—the formula; (i) if the certificate has been amended, the date of the amendments and an indication of the amendments made. 86 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Exemption Certificates Part 3A Prescribed period for issuing exemption certificates Division 7

Regulation 22ZK Division 7—Prescribed period for issuing exemption certificates 22ZK Prescribed period This Division is made for subsection 46B(2) of the Act. 22ZL Prescribed period for issuing exemption certificate for 2010 and subsequent years (1) If: (a) a prescribed person has applied under subsection 46A(1) of the Act in relation to 2010 or a subsequent year; and (aa) the amount of the exemption is worked out under Division 5 (production calculation method); and (b) the Regulator did not seek further information in respect of the application; then the Regulator must issue the exemption certificate: (c) for 2010—within the period of 60 days after receiving the application; or (d) for 2011 or a subsequent year—within: (i) 7 days after the small-scale technology percentage for the year has been prescribed; or (ii) the period of 60 days after receiving the application; whichever occurs later. (2) If: (a) a prescribed person has applied under subsection 46A(1) of the Act in relation to 2010 or a subsequent year; and (aa) the amount of the exemption is worked out under Division 5 (production calculation method); and (b) the Regulator did seek further information in respect of the application; then the Regulator must issue the exemption certificate: (c) for 2010—within the period of 60 days after receiving the further information; or (d) for 2011 or a subsequent year—within: (i) 7 days after the small-scale technology percentage for the year has been prescribed; or (ii) the period of 60 days after receiving the further information; whichever occurs later. (3) If a prescribed person has applied under subsection 46A(1) of the Act for an exemption certificate and the amount of the exemption is worked out under Division 5A (electricity use method), the Regulator must issue the exemption certificate within the period of 60 days after the later of: (a) the day the application was received; or (b) if the Regulator sought further information in respect of the application— the day the further information was received. Renewable Energy (Electricity) Regulations 2001 87 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 3A Exemption Certificates Division 8 Amending exemption certificates

Regulation 22ZN Division 8—Amending exemption certificates Subdivision A—Amendment of exemption certificates on application— paragraph 46C(2)(a) of the Act 22ZN Amendment upon request (1) This regulation prescribes matters for paragraph 46C(2)(a) of the Act. (2) The matters that the Regulator must have regard to are the following: (a) whether the information in the exemption certificate is inaccurate; (b) if the amount of the exemption is worked out under Division 5 (production calculation method)—whether the Regulator miscalculated the amount of the exemption given the amount of the relevant product that the Regulator had identified in applying the method prescribed in the regulations to the application under subsection 46A(1) of the Act; (ba) if the amount of the exemption is worked out under Division 5A (electricity use method)—whether the amendment would result in the certificate better giving effect to the requirements of Division 5A; (bb) if the amount of the exemption is worked out under Division 5A (electricity use method) and the way the use amount for a liable entity is to be identified is likely to be materially different from the way the use amount is identified in an exemption certificate issued in relation to the liable entity—whether an audit report has been provided under regulation 22UG; (c) whether the liable entity set out in the exemption certificate has consented in writing to the amendment; (d) whether the request for an amendment is based upon issues that were considered in the granting of the exemption certificate; (e) whether the request for an amendment is made before the end of the year to which the exemption certificate relates. Subdivision B—Amendment of exemption certificate on Regulator’s own initiative—subsection 46C(3) of the Act 22ZO Amendment of exemption certificate—subsection 46A(3) of the Act Each regulation in this Subdivision prescribes a circumstance for the purposes of subsection 46C(3) of the Act. 22ZP Circumstance—if change of liable entity (regulation 22L applies) (1) If: (a) an exemption certificate (the first certificate) is issued in relation to a liable entity (the first liable entity) and a year following an application by a prescribed person; and 88 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Exemption Certificates Part 3A Amending exemption certificates Division 8

Regulation 22ZP (b) the prescribed person becomes a prescribed person under regulation 22L; and (c) the prescribed person makes an application under subsection 46A(1) of the Act in relation to another liable entity (the second liable entity) and the year; and (d) in issuing another certificate (the second certificate), the Regulator is satisfied that the evidence referred to in paragraphs 22S(1)(b) and (c) evidences the matters stated in those paragraphs; then the Regulator may amend the first certificate. (2) The amendment must reduce the amount of the first liable entity’s exemption set out in the certificate that is attributable to the activity by the number calculated in accordance with the following formula: OL  D year's days where: OL is the amount of the exemption set out in the first exemption certificate expressed as megawatt hours. D is the number of days in the year for which the second liable entity will be the liable entity. year’s days is the number of days in the year to which the exemption certificates relate. (3) If: (a) the Regulator amends the first certificate under subregulation (1) and issues another certificate as mentioned in paragraph (1)(d) (the second certificate) in relation to the second liable entity; and (b) the prescribed person again becomes a prescribed person under regulation 22L; and (c) the prescribed person makes an application under subsection 46A(1) of the Act in relation to another liable entity (the third liable entity) and the year; and (d) in issuing another certificate (the third certificate) in respect of the third liable entity, the Regulator is satisfied that the evidence referred to in paragraphs 22S(2)(b) and (c) evidences the matters stated in those paragraphs; then the Regulator may again, on 1 occasion only, amend the second certificate. (4) The amendment must reduce the amount of the second liable entity’s exemption set out in the certificate that is attributable to the activity by the number calculated in accordance with the following formula: OL  D OLD where: Renewable Energy (Electricity) Regulations 2001 89 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 3A Exemption Certificates Division 8 Amending exemption certificates

Regulation 22ZPA OL is the amount of the exemption set out in the first exemption certificate expressed as megawatt hours. D is the number of days in the year for which the third liable entity will be the liable entity in relation to the exemption. OLD is the number of days used as D in subregulation (2). 22ZPA Circumstance—if change of liable entity (regulation 22LA applies) If: (a) an exemption certificate (the first certificate) is issued in relation to a liable entity and a year following an application by a prescribed person; and (b) the prescribed person becomes a prescribed person under regulation 22LA; and (c) the prescribed person makes an application under subsection 46A(1) of the Act in relation to another liable entity and the year; and (d) in issuing another certificate (the second certificate), the Regulator is satisfied that the evidence referred to in paragraphs 22S(3)(b) and (c) evidences the matters stated in those paragraphs; then the Regulator may amend the first certificate to take account of the issuing of the second certificate. 22ZQ Circumstances—if there is a second liable entity (regulation 22M applies) (1) If: (a) an exemption certificate (the first certificate) is issued in relation to a liable entity (the first liable entity) and a year following an application by a prescribed person; and (b) the prescribed person becomes a prescribed person under regulation 22M; and (c) the prescribed person makes an application under subsection 46A(1) of the Act in relation to another liable entity (the second liable entity) and the year; and (d) in issuing another certificate, the Regulator is satisfied that: (i) the second liable entity is the liable entity in respect of the electricity consumed at the site during the year; and (ii) the evidence referred to in paragraph 22T(1)(b) evidences the matters stated in those paragraphs; then the Regulator may amend the first certificate. (2) The amendment must reduce the amount of the first liable entity’s exemption set out in the certificate that is attributable to the activity by the number calculated in accordance with the following formula: OL  SL  (SL  FL) where: 90 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Exemption Certificates Part 3A Amending exemption certificates Division 8

Regulation 22ZQA OL is the amount of the exemption, expressed as megawatt hours, set out in the first certificate in relation to the first liable entity. SL is the reasonable estimate of the expected relevant acquisitions of electricity consumed at the site by the second liable entity in the year to which the exemption relates. FL is the reasonable estimate of the expected relevant acquisitions of electricity consumed at the site by the first liable entity in the year to which the exemption certificate relates. 22ZQA Circumstances—if there are multiple liable entities (regulation 22MA applies) If: (a) one or more exemption certificates (the earlier certificates) have been issued in relation to a liable entity and a year following an application or applications by a prescribed person; and (b) the prescribed person becomes a prescribed person under regulation 22MA; and (c) the prescribed person makes an application under subsection 46A(1) of the Act in relation to another liable entity (an added liable entity) and the year; and (d) in issuing another certificate as a result of the application, the Regulator is satisfied that: (i) the added liable entity is a liable entity in respect of the electricity consumed at the site during the year; and (ii) the evidence referred to in paragraph 22T(2)(b) evidences the matters stated in those paragraphs; then the Regulator may amend an earlier certificate to take account of the issuing of the additional certificate. 22ZR Circumstance—if activity ceases at site (1) If: (a) an exemption certificate has been issued in respect of an emissions-intensive trade-exposed activity, a site and a year; and (b) during the year, the Regulator becomes satisfied that: (i) the activity has not been conducted at the site for a period of at least 3 months; and (ii) it is unlikely that the activity will be conducted again at the site for at least 9 months from the end of the period mentioned in subparagraph (i); and then, subject to subregulation (3), the Regulator may amend the certificate. (2) If the amount of the exemption is worked out under Division 5 (production calculation method), the amendment must reduce the amount of the exemption Renewable Energy (Electricity) Regulations 2001 91 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 3A Exemption Certificates Division 8 Amending exemption certificates

Regulation 22ZS set out in the certificate that is attributable to the activity by the number calculated in accordance with the following formula: OL  D year's days where: OL is the amount of the exemption set out in the exemption certificate expressed as megawatt hours. D is the number of days in the year that the activity was not, or is not likely to be, conducted. year’s days is the number of days in the year to which the exemption certificate relates. (3) The Regulator must not amend the certificate if the certificate has previously been amended under regulation 22ZP because the liable entity set out in the certificate ceased to be a liable entity for the site: (a) in the circumstances mentioned in paragraph 22L(1)(b) or paragraph 22L(2)(a); and (b) before the last time during the year when the emissions-intensive trade-exposed activity was conducted at the site. (4) If the amount of the exemption is worked out under Division 5A (electricity use method), the amendment must take account of the cessation of the activity at the site. 22ZS Circumstance—if exemption certificate is inaccurate (1) If: (a) the Regulator becomes aware that an exemption certificate is inaccurate; and (b) the Regulator becomes aware during the year to which the certificate relates; then, subject to subregulation (2), the Regulator may amend the certificate to correct the inaccuracy. (2) The Regulator must not amend the exemption certificate unless the Regulator has, in writing, advised the following persons about the inaccuracy and the proposed correction: (a) the prescribed person to whom the certificate has been issued; (b) the liable entity in respect of which the certificate has been issued. (3) Without limiting the circumstances in which an exemption certificate for which the amount of the exemption is worked out under Division 5A may be inaccurate, the certificate is taken to be inaccurate if there has been any change in relation to: (a) information that formed part of the electricity use method advice (see paragraph 22O(1)(i)); or 92 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Exemption Certificates Part 3A Amending exemption certificates Division 8

Regulation 22ZS (b) any other matter that affected a decision of the Regulator in relation to the certificate under regulation 22ZHC. Renewable Energy (Electricity) Regulations 2001 93 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 3A Exemption Certificates Division 8A Information for exemption certificates

Regulation 22ZSA Division 8A—Information for exemption certificates 22ZSA Requirement to give information For paragraph 46D(1)(a) of the Act, the information is information about all of the following: (a) the emissions of greenhouse gases for the activity; (b) the electricity used by the activity; (c) the revenue generated by the activity. 94 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Exemption Certificates Part 3A Record keeping Division 9

Regulation 22ZT Division 9—Record keeping 22ZT Records to be kept by persons issued with an exemption certificate (1) For paragraph 160(3A)(b) of the Act, if in relation to an exemption certificate, the percentage calculated in accordance with subregulation 22ZE(1) is less than 100%, the following matters are prescribed: (a) the amount of the electricity consumed at the site during the financial year that started 6 months before the year to which the exemption relates; (b) the amount of electricity generated and consumed, at the site for which there is no relevant acquisition of electricity during that financial year; (c) the amount of electricity delivered to the site for which no relevant acquisition occurs between the point of generation and the point of use. (2) This regulation does not apply in relation to an exemption certificate if the amount of the exemption is worked out under Division 5A (electricity use method). Renewable Energy (Electricity) Regulations 2001 95 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 4 Renewable energy shortfall charge Division 1 Liability to charge—small-scale technology shortfall charge

Regulation 22ZU Part 4—Renewable energy shortfall charge Division 1—Liability to charge—small-scale technology shortfall charge 22ZU Prescribed percentage For subsection 38AF(7) of the Act, the prescribed percentage is 10%. 22ZV Energy acquisition statement lodged—requirements for Regulator exercising powers or functions (1) This regulation is made for subsection 38AF(9) of the Act and sets out the requirements the Regulator must comply with when exercising his or her functions or powers under section 38AF of the Act. (2) If the Regulator is satisfied that the proposed amount specified in the liable entity’s application is the best estimate of the liable entity’s reduced acquisitions for the assessment year, the Regulator must determine that amount under paragraph 38AF(3)(a) of the Act. (3) If the Regulator is not satisfied as mentioned in subregulation (2), the Regulator must, subject to subsection 38AF(5) of the Act, determine an amount that is the Regulator’s best estimate of the liable entity’s reduced acquisitions for the assessment year. 22ZW No energy acquisition statement lodged—requirements for Regulator exercising powers or functions (1) This regulation is made for subsection 38AG(8) of the Act and sets out the requirements the Regulator must comply with when exercising his or her functions or powers under section 38AG of the Act. (2) If the Regulator is satisfied that the proposed amount for a quarter specified in the liable entity’s application is the best estimate of 4 times the liable entity’s reduced acquisitions for the relevant quarter, the Regulator must determine that amount for the relevant quarter under paragraph 38AG(3)(a) of the Act. (3) If the Regulator is not satisfied as mentioned in subregulation (2), the Regulator must, subject to subsection 38AG(5) of the Act, determine an amount that is the Regulator’s best estimate of 4 times the liable entity’s reduced acquisitions for the relevant quarter. (4) In making a decision under subregulation (2) or (3), the Regulator must deduct, on a pro-rata basis, the estimated total amount of exemptions for the assessment year from each quarter’s relevant acquisitions. 96 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Renewable energy shortfall charge Part 4 Liability to charge—small-scale technology shortfall charge Division 1

Regulation 22ZX 22ZX Applications under section 38AF of Act (1) This regulation is made for section 38AI of the Act and sets out the information that must be included in an application under section 38AF of the Act by a liable entity. (2) The application must: (a) set out the liable entity’s reasons for choosing the proposed amount; and (b) include a written statement from a person with responsibility for the liable entity’s compliance with the Act that the proposed amount is the person’s best estimate of the amount of the liable entity’s reduced acquisitions for the year at the time of the application; and (c) set out an estimate of the amount of relevant acquisitions made by the liable entity in the year before the day of the application; and (d) set out any factors of which the liable entity is aware that could result in the amount of the liable entity’s reduced acquisitions being more, or less, than the proposed amount; and (e) if the application is made before 1 April in the assessment year—set out the estimated amount of the liable entity’s previous year’s reduced acquisitions that would apply if the Regulator did not make a determination under section 38AF of the Act; and (f) if the application is made after 1 April in the assessment year—set out the amount of the liable entity’s previous year’s reduced acquisitions that would apply if the Regulator did not make a determination under section 38AF of the Act. 22ZY Applications under section 38AG of Act (1) This regulation is made for section 38AI of the Act and sets out the information that must be included in an application under section 38AG of the Act by a liable entity. (2) The application must: (a) set out the liable entity’s reasons for choosing the proposed amount; and (b) include a written statement from a person with responsibility for the liable entity’s compliance with the Act that, subject to subregulation (3), the proposed amount is the person’s best estimate of 4 times the amount of the liable entity’s reduced acquisitions for a relevant quarter at the time of the application; and (c) set out an estimate of the amount of the relevant acquisitions made by the entity in the year before the day of the application; and (d) specify whether there is any quarter in which the liable entity has not, or is not likely to, make any relevant acquisitions; and (e) set out any factors of which the liable entity is aware that could result in the amount of the liable entity’s reduced acquisitions being more, or less, than the proposed amount for a quarter. Renewable Energy (Electricity) Regulations 2001 97 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 4 Renewable energy shortfall charge Division 1 Liability to charge—small-scale technology shortfall charge

Regulation 22ZY (3) For paragraph (2)(b), the person is to assume that the total amount of exemptions are allocated on a pro-rata basis for the estimated amount of relevant acquisitions for the year. 98 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Renewable energy shortfall charge Part 4 Large-scale generation shortfall charge Division 2

Regulation 23 Division 2—Large-scale generation shortfall charge 23 Renewable power percentage For subsection 39(1) of the Act, the renewable power percentage is the following: (a) for 2001—0.24%; (b) for 2002—0.62%; (c) for 2003—0.88%; (d) for 2004—1.25%; (e) for 2005—1.64%; (f) for 2006—2.17%; (g) for 2007—2.70%; (h) for 2008—3.14%; (i) for 2009—3.64%; (j) for 2010—5.98%; (k) for 2011—5.62%; (l) for 2012—9.15%; (m) for 2013—10.65%; (n) for 2014—9.87%; (o) for 2015—11.11%; (p) for 2016—12.75%; (q) for 2017—14.22%; (r) for 2018—16.06%; (s) for 2019—18.60%. Renewable Energy (Electricity) Regulations 2001 99 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 4 Renewable energy shortfall charge Division 3 Small-scale technology shortfall charge

Regulation 23A Division 3—Small-scale technology shortfall charge 23A Small-scale technology percentage For subsection 40A(1) of the Act, the small-scale technology percentage is the following: (a) for 2011—14.80%; (b) for 2012—23.96%; (c) for 2013—19.70%; (d) for 2014—10.48%; (e) for 2015—11.71%; (f) for 2016—9.68%; (g) for 2017—7.01%; (h) for 2018—17.08%; (i) for 2019—21.73%. 100 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Statements and assessments Part 5

Regulation 24 Part 5—Statements and assessments 24 Annual energy acquisition statements (1) For paragraph 44(2)(f) of the Act, an energy acquisition statement must set out the following information: (a) the year to which the statement applies; (b) the date of the statement; (c) whether the liable entity must lodge a renewable energy shortfall statement for the year; (d) how any small-scale technology shortfalls and large-scale generation shortfalls were calculated; (e) the telephone number, fax number and email address (if any) of the liable entity; (f) any large-scale generation shortfall charge refund owing under section 98 of the Act; (g) any changes to information already given to the Regulator about the following matters for the liable entity: (i) ownership; (ii) company mergers; (iii) street address, telephone number, fax number and email address (if any); (iv) electricity supply arrangements; (h) the year for which the renewable energy certificates are being surrendered; (i) any adjustments to the information set out in an energy acquisition statement lodged in a previous year (for example, changes to the statement resulting from changes to the final settlement data issued by AEMO or IMO). Note: For other information that must also be included in the statement, see subsection 44(2) of the Act. (2) For paragraph 44(6)(b) of the Act, an energy acquisition statement must be lodged with the Regulator: (a) electronically; or (b) in exceptional circumstances—by post. (3) For paragraph (2)(b), exceptional circumstances means a circumstance that makes electronic lodgement not reasonably possible. Examples: Major natural disaster or other large-scale emergency. 24A Surrender of small-scale technology certificates For subparagraph 45(1)(a)(ii) of the Act, the notice must be lodged electronically in the register of small-scale technology certificates. Renewable Energy (Electricity) Regulations 2001 101 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 5 Statements and assessments

Regulation 24B 24B Surrender of additional certificates For paragraph 45C(2)(c) of the Act, the additional surrender notice must be lodged electronically in the register of large-scale generation certificates or the register of small-scale technology certificates, as the case requires. 25 Annual large-scale generation shortfall statements (1) For paragraph 46(3)(e) of the Act, an annual large-scale generation shortfall statement must set out the following information: (a) the year to which the statement applies; (b) the telephone number, fax number and email address (if any) of the liable entity; (c) how any large-scale generation shortfall charge was worked out; (d) any adjustments to the information set out in a large-scale generation shortfall statement lodged in a previous year (for example, changes to the statement resulting from changes to the final settlement data issued by AEMO or IMO). Note: For other information that must also be included in the statement, see subsection 46(3) of the Act. (2) For paragraph 46(6)(b) of the Act, a large-scale generation shortfall statement must be lodged with the Regulator: (a) electronically; or (b) in exceptional circumstances—by post. (3) For paragraph (2)(b), exceptional circumstances means a circumstance that makes electronic lodgement not reasonably possible. Examples: Major natural disaster or other large-scale emergency. 25A Annual small-scale technology shortfall statements (1) For paragraph 46(5)(d) of the Act, an annual small-scale technology shortfall statement must set out the following information: (a) the year to which the statement applies; (b) the telephone number, fax number and email address (if any) of the liable entity; (c) how the small-scale technology shortfall charge was worked out; (d) any adjustments to the information set out in a small-scale technology shortfall statement lodged in a previous year (for example, changes to the statement resulting from changes to the final settlement data issued by AEMO or IMO). Note: For other information that must also be included in the statement, see subsection 46(5) of the Act. (2) For paragraph 46(6)(b) of the Act, a small-scale technology shortfall statement must be lodged with the Regulator: (a) electronically; or 102 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Statements and assessments Part 5

Regulation 25A (b) in exceptional circumstances—by post. (3) For paragraph (2)(b), exceptional circumstances means a circumstance that makes electronic lodgement not reasonably possible. Examples: Major natural disaster or other large-scale emergency. Renewable Energy (Electricity) Regulations 2001 103 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 6 Administration

Regulation 26 Part 6—Administration 26 Seizing and disposing of property (1) For subsection 94(2) of the Act, this regulation sets how an authorised person may seize and dispose of the property of a deceased person. (2) After property is seized, the authorised person must keep it secure until the authorised person disposes of it. (3) On a sale of land under this regulation, the authorised person must comply with the law of the State or Territory where the land is situated for the transfer of title to land. (4) The authorised person may sell as much of the property that is seized as will, in the opinion of the authorised person, be sufficient to raise the amount mentioned in subsection 94(1) of the Act. (5) A sale of seized property must take place as soon as possible after the property is seized. (6) After the authorised person sells seized property, he or she: (a) may keep the reasonable costs incurred by him or her; and (b) must give any remaining amount to the Regulator. (7) The authorised person must tell the Regulator if the sale of all available property of the deceased person raises less than the amount mentioned in subsection 94(1) of the Act. 27 Identity cards for authorised officers For subsection 108(1) of the Act, an identity card must include: (a) the signature of the authorised officer; and (b) the name and office of the authorised officer; and (c) the date the card expires; and (d) any other information that may be necessary to indicate that the officer is authorised to exercise powers or to perform functions under the Act. 28 Fees (1) For paragraph 10(2)(d) of the Act: (a) the fee for an application for registration is $20; and (b) the fee for an application for registration as a person to whom certificates may be assigned under subsection 23(2) or 23C(2) of the Act is $250. (2) For paragraphs 12A(2)(f) and 13(2)(e) of the Act, the fee for an application for provisional accreditation or accreditation is: 104 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Administration Part 6

Regulation 28 Item Generator 1997 eligible renewable power baseline Fee type 1 < 10 kW, small generation unit or Any baseline $20 solar water heater for which the right to create certificates is not assigned under subsection 23(2) or 23C(2) of the Act 2 < 10MW, other than small (a) default or nil baseline $50 generation unit or solar water (b) special baseline with data $150 heater to which item 1 applies (c) special baseline without required data $250 (modelling required) 3 ≥ 10 MW, ≤ 25 MW (a) default or nil baseline $200 (b) special baseline with data $500 (c) special baseline without required data $1 000 (modelling required) 4 > 25 MW (a) default or nil baseline $1 000 (b) special baseline with data $1 700 (c) special baseline without required data $3 000 (modelling required) (3) For subsection 26(3A) of the Act, the fee for registration of a certificate is: (a) for a small-scale technology certificate created on or after 17 October 2011 for a small generation unit: (i) for the first 250 certificates registered—nil; (ii) for the 251st certificate registered—$117.97; (iii) for each certificate registered after the 251st certificate—47 cents; and (b) for any other certificate: (i) for the first 250 certificates registered—nil; (ii) for the 251st certificate registered—$20.08; (iii) for each certificate registered after the 251st certificate—8 cents. (4) For subsection 45E(1) of the Act, the fee for the surrender of a certificate under Subdivision A of Division 1 of Part 5 of the Act is 8 cents. (5) For section 98 of the Act, the administration fee for a certificate surrendered by a liable entity under section 95 of the Act for a charge year is: Total of certificate values  P Number of certificates where: total of certificate values is the total of the certificate values of all certificates surrendered by the liable entity under paragraph 95(1)(b) for that year. number of certificates is the number of certificates surrendered by the liable entity under section 95 for that year. Renewable Energy (Electricity) Regulations 2001 105 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 6 Administration

Regulation 28 P is: (a) if the total of certificate values for the number of certificates surrendered for the charge year is less than $1 000—2%; or (b) if the total of certificate values for the number of certificates surrendered for the charge year is at least $1 000 but less than $5 000—1.5%; or (c) if the total of certificate values for the number of certificates surrendered for the charge year is at least $5 000 but less than $15 000—1%; or (d) if the total of certificate values for the number of certificates surrendered for the charge year is $15 000 or more—0.5%. Note: For the meaning of certificate value, see section 96 of the Act. 106 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Inspections of small generation units Part 7 General Division 1

Regulation 29 Part 7—Inspections of small generation units Division 1—General 29 Purpose of Part (1) The purpose of this Part is to establish a scheme for the inspection of small generation units for which renewable energy certificates have been created. (2) This Part is made for section 23AAA of the Act. 30 General requirements for inspections (1) The Regulator must ensure that each year a statistically significant selection of small generation units that were installed during the year are inspected under this Part for conformance with: (a) Australian standards; and (b) other standards or requirements relevant to the creation of certificates in relation to the installed small generation unit. (2) The Regulator must ensure that an inspection under this Part is carried out by a person or organisation who: (a) is independent of the person or organisation who designed and/or installed the small generation unit; and (b) does not have a conflict of interest in relation to the small generation unit or administration of the matters being inspected. 31 Part 7 not to limit other inspections Nothing in regulation 30 prevents small generation units for which certificates have been created from: (a) being inspected under this Part at any time that the Regulator considers it is appropriate or necessary to do so; or (b) being inspected as part of an audit under Part 11 of the Act. 32 Publication of inspections (1) The Regulator must, for each year, publish on the Regulator’s website the number of inspections conducted under this Part during the year. (2) The Regulator may also publish any other general information about inspections that the Regulator considers appropriate. Renewable Energy (Electricity) Regulations 2001 107 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 7 Inspections of small generation units Division 2 Appointment of inspectors

Regulation 33 Division 2—Appointment of inspectors 33 Appointment of inspectors (1) The Regulator may, in writing, appoint a person to be an inspector for this Part. (2) The Regulator is not to appoint a person as an inspector unless the Regulator is satisfied that the person: (a) is of sufficient maturity, and has had sufficient training, to properly exercise the powers of an inspector; and (b) holds an unrestricted licence for electrical work under the laws of a State or Territory; and (c) has sufficient expertise in matters arising under the Act and these Regulations in relation to small generation units in order to critically examine the requirements in regulation 39 and to prepare a report under regulation 42; and (d) is of good repute, having regard to the person’s character, honesty and integrity. (3) In exercising a power or performing a function as an inspector, an inspector must comply with any directions of the Regulator. Note: Part 12 of the Act and section 70 of the Crimes Act 1914 apply to inspectors appointed under this regulation. 34 Identity cards (1) The Regulator must issue an identity card to an inspector. (2) An identity card must include: (a) the signature of the inspector; and (b) the name of the inspector; and (c) the date the card expires; and (d) any other information that may be necessary to indicate that the inspector is authorised to exercise powers or to perform functions under this Part. (3) An inspector must carry the identity card at all times when exercising powers or performing functions as an inspector. 35 Offence for not returning identity card A person commits an offence if: (a) the person has been issued with an identity card; and (b) the person ceases to be an inspector; and (c) the person does not, immediately upon so ceasing, return the identity card to the Regulator. Penalty: 1 penalty unit. 108 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Inspections of small generation units Part 7 Appointment of inspectors Division 2

Regulation 36 36 Inspector must not have conflict of interest A person commits an offence if: (a) the person is an inspector; and (b) the person conducts an inspection of a small generation unit under this Part; and (c) at the time of the inspection, the person: (i) is not independent of the person or organisation who designed and/or installed the small generation unit; or (ii) has a conflict of interest in relation to the small generation unit or administration of the matters being inspected. Penalty: 5 penalty units. Renewable Energy (Electricity) Regulations 2001 109 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 7 Inspections of small generation units Division 3 Powers of inspectors

Regulation 37 Division 3—Powers of inspectors 37 Entry to premises (1) For the purpose of conducting an inspection under this Part, an inspector may: (a) at any reasonable time of the day, enter any premises on which a small generation unit has been installed; and (b) conduct an inspection of the unit and premises in order to determine if the requirements in regulation 39 have been satisfied. (2) An inspector is not authorised to enter premises under subregulation (1) unless: (a) the inspector has, at least 24 hours before the proposed inspection, contacted the occupier of the premises and arranged a time for the inspection; and (b) the occupier has consented to the entry at that time; and (c) the inspector has shown his or her identity card to the occupier or a person who represents the occupier; and (d) before undertaking the inspection, the inspector has explained the purpose and scope of the inspection to the occupier or a person who represents the occupier. 38 Consent (1) Before obtaining the consent of an occupier for paragraph 37(2)(b), the inspector must inform the occupier that he or she may refuse consent. (2) An entry of an inspector by virtue of the consent of the occupier is not lawful unless the occupier voluntarily consented to the entry. 39 Matters for inspection In conducting an inspection under this Part, the inspector is to determine whether there is material or pervasive evidence that the following requirements in relation to the small generation unit being inspected have not been satisfied: (a) the unit is installed at the address specified in the application to create certificates and is able to produce and deliver electricity; (b) the unit is a small generation unit within the meaning of subregulation 3(2); (c) all State or Territory, and local, government requirements have been satisfied for: (i) the siting of the unit; and (ii) if the unit is attached to a building or structure—attachment of the unit to the building or structure; and (iii) if the unit is grid-connected—the grid connection of the unit; (d) the installation of the unit complies with the following standards, as in force at the time the unit was installed: (i) AS/NZS 3000, Electrical installations; 110 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Inspections of small generation units Part 7 Powers of inspectors Division 3

Regulation 40 (ii) AS/NZS 1768, Lightning protection; (iii) if the unit is an on-grid system—AS 4777, Grid connection of energy systems via inverters; (iv) if the unit is solar (photovoltaic) system—AS/NZS 5033, Installation of photovoltaic (PV) arrays and AS/NZS 1170.2, Structural design actions, Part 2: Wind actions; (v) if the unit is an off-grid solar (photovoltaic) system or a wind system—AS/NZS 4509.1, Stand alone power systems, Part 1: Safety and installation and AS 4086.2, Secondary batteries for use with stand-alone power systems, Part 2: Installation and maintenance; (vi) if the unit is a wind system—AS/NZS 1170.2, Structural design actions, Part 2: Wind actions; (e) the statements and documentation mentioned in subregulation 20AC(5) for the unit have been obtained; (f) if the unit is a solar (photovoltaic) system—the person entitled to create the certificates for the unit obtained: (i) a written statement by the installer of the unit that the installer has at the time of the installation used a model of a photovoltaic module listed in AS/NZS 5033, Compliant PV Modules, as in force from time to time; and (ii) if the system uses an inverter—a written statement by the installer of the unit that the installer has at the time of the installation used a model of grid-connect inverter listed in Tested and Approved Grid Connected Inverters, as in force from time to time; (g) if the certificates created for the unit were multiplied under regulation 20AA—the circumstances in subregulation 20AA(3) apply to the multiplication of the certificates; (h) if subregulation 20(2C) or (2E) applies to the unit—the unit is an off-grid small generation unit. Note for subparagraphs (f)(i) and (ii): These documents are available at www.cleanenergycouncil.org.au. 40 Conduct of inspection (1) In conducting an inspection of a small generation unit under this Part, an inspector: (a) may examine and test the unit and any wiring or equipment associated with the unit; and (b) may take photographs of anything on the premises relevant to the inspection; and (c) may make a video recording of the inspection; and (d) may request the occupier to answer any questions related to: (i) the design or installation of a small generation unit at the premises; and (ii) the creation of certificates for the unit; and Renewable Energy (Electricity) Regulations 2001 111 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 7 Inspections of small generation units Division 3 Powers of inspectors

Regulation 41 (e) may do anything incidental to the matters mentioned in paragraphs (a) to (d); and (f) must comply with: (i) any requirements or conditions of the inspector’s electrical licence; or (ii) the law of the State or Territory where the unit is located. (2) A person is not required to answer any questions asked by an inspector under paragraph (1)(e). (3) The inspector must leave the premises if the occupier asks the inspector to do so. (4) The occupier, or a person who represents the occupier, is entitled to observe the inspection being carried out. 41 Dealing with imminent safety risks (1) If, during an inspection, the inspector considers that there is an imminent safety risk to a person or to property from a small generation unit on the premises, the inspector must immediately notify all interested parties of the extent and nature of the safety risk. (2) In determining if there is an imminent safety risk to a person or property, the inspector must take into account any guidelines issued by the Regulator. (3) The inspector must, after notifying the Regulator, comply with any directions given to the inspector by the Regulator. (4) The inspector must notify the relevant State or Territory Regulator by telephone and must, as soon as practicable after the telephone notification, confirm the notification by email or other electronic communication. (5) In this regulation: Building Code of Australia means the publication known as the Building Code of Australia, published by the Australian Building Codes Board, as in force from time to time. interested parties means the following: (a) the occupier; (b) the Regulator; (c) the relevant State or Territory Regulator; (d) the relevant distribution network service provider. relevant distribution network service provider, for a State or Territory, means a person who engages in the activity of owning, controlling or operating an electricity distribution system in the State or Territory. relevant State or Territory Regulator, for a State or Territory, means: (a) for matters relating to electrical work—the State or Territory agency responsible for the administration or enforcement of safety standards for electrical work in the State or Territory; and 112 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Inspections of small generation units Part 7 Powers of inspectors Division 3

Regulation 41 (b) for matters relating to the design and construction of buildings and structures—the State or Territory agency responsible for the administration or enforcement of the Building Code of Australia in its application to the State or Territory. Renewable Energy (Electricity) Regulations 2001 113 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 7 Inspections of small generation units Division 4 Reports

Regulation 42 Division 4—Reports 42 Inspector to prepare a report (1) Upon completion of an inspection, the inspector must prepare a written report that complies with this regulation. (2) The report must be in the form approved by the Regulator. (3) The report must include one of the following conclusions about the design and installation of the small generation unit inspected by the inspector: (a) a conclusion that the inspection found no material or pervasive evidence that one or more of the requirements in regulation 39 were not satisfied; (b) a conclusion that the inspection found material or pervasive evidence that one or more of the requirements in regulation 39 were not satisfied and the non-compliance presents an imminent risk to the safe operation of the small generation unit; (c) a conclusion that the inspection found material or pervasive evidence that one or more of the requirements in regulation 39 were not satisfied but the non-compliance does not present an imminent risk to the safe operation of the small generation unit. (4) The report must also include: (a) a brief summary of how the inspection was conducted; and (b) a recommendation as to the steps that should be taken to rectify any problems discovered during the inspection and, in particular, how to ensure that any safety or operational problems discovered can be rectified; and (c) any other information required by the Regulator. 43 Procedural fairness (1) If the report is likely to contain an adverse finding in relation to a person who designed or installed the small generation unit or who created certificates for the unit, the inspector must provide a copy of the finding to the person before finalising the report. (2) The inspector must: (a) allow the person a reasonable opportunity to comment on the proposed adverse finding; and (b) take account of any comments provided by the person when finalising the report. 44 Copy of final report to be provided to interested parties (1) The Regulator must provide a copy of the inspector’s final report for a small generation unit at particular premises to the following persons: (a) the owner of the unit; (b) the occupier of the premises; 114 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Inspections of small generation units Part 7 Reports Division 4

Regulation 45 (c) the person who created certificates for the unit; (d) the designer of the unit; (e) the installer of the unit. (2) If a person mentioned in a paragraph in subregulation (1) is the same person mentioned in another paragraph of subregulation (1), the Regulator is only required to provide the person with 1 copy of the report. 45 Copy of report to be provided to Clean Energy Council If the final report contains a conclusion that there is material or pervasive evidence that one or more of the requirements in paragraphs 39(c) to (f) have not been satisfied in relation to the design and installation of a small generation unit, the Regulator must provide a copy of the report to the Clean Energy Council. 46 Copy of report to be provided to relevant State or Territory Regulators (1) If the final report contains a conclusion that there is material or pervasive evidence that one or more of the requirements in paragraphs 39(c) and (d) have not been satisfied in relation to the design and installation of a small generation unit, the Regulator must provide a copy of the report to the relevant State or Territory Regulator. (2) In this regulation: Building Code of Australia means the publication known as the Building Code of Australia, published by the Australian Building Codes Board, as in force from time to time. relevant State or Territory Regulator, for a State or Territory, means: (a) for matters relating to electrical work—the State or Territory agency responsible for the administration or enforcement of safety standards for electrical work in the State or Territory; and (b) for matters relating to the design and construction of buildings and structures—the State or Territory agency responsible for the administration or enforcement of the Building Code of Australia in its application to the State or Territory. 47 Regulator may declare person ineligible to design and install small generation units (1) This regulation applies if a person mentioned in paragraph 20AC(2)(a), (b), (c) or (d) is subject to an adverse finding in an inspection report on 3 separate occasions. (2) The Regulator may, in writing, declare that the person is not eligible to design and install small generation units for the purposes of subregulation 20AC(2). (3) A declaration has effect for the period, not exceeding 12 months, specified in the declaration. Renewable Energy (Electricity) Regulations 2001 115 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 7 Inspections of small generation units Division 4 Reports

Regulation 48 (4) The Regulator may publish the declaration on the Regulator’s website. 48 Matters to consider before making declaration (1) In deciding whether or not to make a declaration in relation to a person, the Regulator must consider the following matters: (a) the nature and extent of the adverse finding identified in an inspection report; (b) the circumstances relating to the adverse finding; (c) whether the person has rectified the problems surrounding the adverse finding; (d) the extent to which the person has cooperated with inspectors and the Regulator with respect to the adverse finding; (e) any other matters the Regulator considers relevant. (2) Before making a declaration, the Regulator must: (a) allow the person a reasonable opportunity to comment on the proposed declaration; and (b) take account of any comments provided by the person in relation to the proposed declaration. 116 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Review Part 8

Regulation 49 Part 8—Review 49 Review of decisions (1) A person mentioned in column 3 of an item in the following table may request the Regulator to reconsider a decision mentioned in column 2 for that item. Item Decision Person 1 Decision under regulation 19BA to determine the number of Manufacturer of the certificates that may be created for a solar water heater solar water heater 2 Decision under regulation 19BC in relation to a request to make or Person making the vary a determination about a solar water heater request 2A Decision under subregulation 22UG(4) to give a notice (requiring Person to whom the application for exemption certificate to be accompanied by audit notice is given report) 2B Decision under subregulation 22ZHC(3) to specify a formula in an Applicant for the exemption certificate (identification of use amount for a liable entity) exemption certificate 3 Decision under subregulation 47(2) to declare that a person is not Person subject to the eligible to design and install small generation units declaration (2) The request must be: (a) in writing; and (b) given to the Regulator not later than 60 days after the decision is made. (3) The Regulator must reconsider the decision and confirm, vary or set aside the decision. Note: Section 27A of the Administrative Appeals Tribunal Act 1975 requires the person to be notified of the person’s review rights. (4) If the Regulator does not give written notice of the Regulator’s decision under subregulation (3) to the person within 60 days after the person gives the request to the Regulator: (a) the Regulator is taken to have made a decision confirming the original decision; and (b) the Regulator’s decision is taken to have been made immediately after the end of the 60 days. (5) An application may be made to the Administrative Appeals Tribunal for review of a decision of the Regulator under subregulation (3). Renewable Energy (Electricity) Regulations 2001 117 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Part 9 Application and transitional provisions

Regulation 50 Part 9—Application and transitional provisions 50 Amendments made by the Clean Energy Legislation Amendment (2014 Measures No. 1) Regulation 2014 The amendments of these Regulations made by items 16 and 17 of Schedule 1 to the Clean Energy Legislation Amendment (2014 Measures No. 1)

Regulation 2014 apply in relation to the following applications for the issue of exemption certificates in respect of the production of coal char: (a) an application made, but not finally determined, before the commencement of this regulation; (b) an application made on or after the commencement of this regulation. 51 Amendments made by the Renewable Energy (Electricity) Amendment (Exemptions for EITE Activities) Regulation 2015 Application—partial exemptions for 2014 and earlier years (1) Despite the amendments made by the amending regulation, these regulations, as in force immediately before the commencement of the amending regulation, continue to apply in relation to partial exemptions (and partial exemption certificates) for 2014 and earlier years. Transitional—exemption certificates (2) Subregulation 3 applies if, before the commencement of the amending regulation, a partial exemption amount (the exemption amount) for 2015: (a) is calculated in accordance with the formula in subregulation 22ZF(1) or (2) or regulation 22ZG; or (b) is reduced in accordance with the formula in subregulation 22ZP(2) or (4) or 22ZQ(2). (3) The Regulator must amend the certificates concerned so they have effect as if the exemption amounts had been calculated after items 30 and 31 of Schedule 1 of the amending regulation had commenced. Meaning of amending regulation (4) In this regulation: amending regulation means the Renewable Energy (Electricity) Amendment (Exemptions for EITE Activities) Regulation 2015. 118 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Application and transitional provisions Part 9

Regulation 52 52 Amendments made by the Renewable Energy (Electricity) Amendment (Small-scale Solar Eligibility and Other Measures) Regulations 2019 The amendments of these Regulations made by Part 2 of Schedule 1 to the Renewable Energy (Electricity) Amendment (Small-scale Solar Eligibility and Other Measures) Regulations 2019 that relate to amendments of exemption certificates apply in relation to applications for amendments to exemption certificates for 2019 and later years. Renewable Energy (Electricity) Regulations 2001 119 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 1 Guidelines for determining components of electricity generation system that are taken to be part of a power station Clause 1 Schedule 1—Guidelines for determining components of electricity generation system that are taken to be part of a power station (subregulation 4(2)) 1 General 1.1 Components of an electricity generation system that may be taken to be part of a power station for the Act include any of the following, whether or not they are owned by the operator of the system, that are integral to the operation of the system and the generation of electricity: (a) any component that operates to transform an eligible energy source into electricity; (b) any infrastructure of the system, including buildings, fuel storage areas, fuel handling devices, information technology, instrumentation and controls. 1.2 The components of a supplementary power supply for an electricity generation system are taken to be components of the system that may be taken to be part of a power station for the Act. Note: To the extent that a supplementary power supply uses energy sources that are not eligible energy sources or that are generated during any period of suspension of accreditation of the accredited power station, the electricity generated is to be omitted in calculating the amount of electricity generated by the power station: see Act, subsection 18(4). 1.3 If fuel is processed in an electricity generation system before it is converted to electrical energy, the fuel processing and delivery components of the system may be taken to be part of a power station for the Act. 1.4 A long-term storage hydro-electric dam that provides water to 2 or more power stations is to be taken to be a component of each power station affected by release of water from the dam. 1.5 This Schedule is not intended to limit the kind of components of an electricity generation system that may be taken to be part of a power station for the Act. 2 Bioenergy 2.1 The following components of an electricity generation system that uses bioenergy may be taken to be part of a power station for the Act: (a) buildings and stationary infrastructure; (b) combustion system, including waste heat boilers; (c) combustion or steam turbine; (d) compressor; (e) control system; 120 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Guidelines for determining components of electricity generation system that are taken to be part of a power station Schedule 1 Clause 3 (f) cooling tower; (g) digestion tank; (h) feedstock preparation; (i) fuel storage, transport and processing system; (j) gas cleaning system; (k) gasifier; (l) generator; (m) heat recovery system; (n) mechanical cleaner; (o) oxygen supply system; (p) particulate removal system; (q) pumping equipment; (r) switchyard and transformer; (s) thermal reactor; (t) water supply and treatment system. 3 Co-firing 3.1 If an electricity generation system co-fires an energy source that is not an eligible energy source and fuel from an eligible energy source, each component of the system (regardless of the kind of energy source used to fuel the component) may be taken to be part of a power station for the Act. 4 Fuel cell 4.1 The following components of an electricity generation system that is a fuel cell may be taken to be part of a power station for the Act: (a) air filter; (b) anode, electrolyte and cathode; (c) catalytic converter; (d) control system; (e) cooling system; (f) desulphuriser; (g) power conditioner; (h) pumping equipment; (i) steam generator; (j) waste heat recovery system; (k) water filter. 5 Geothermal electricity generation 5.1 The following components of a geothermal electricity generation system may be taken to be part of a power station for the Act: (a) control system; (b) generator; Renewable Energy (Electricity) Regulations 2001 121 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 1 Guidelines for determining components of electricity generation system that are taken to be part of a power station Clause 6 (c) transformer; (d) turbine; (e) water treatment system; (f) well; (g) working fluid. 6 Hydro-electricity 6.1 The following components of a hydro-electric electricity generation system may be taken to be part of a power station for the Act: (a) control, telemetering and protection system; (b) turbine, generator, associated buildings, transformer and grid connection; (c) water channelling infrastructure; (d) water discharge system; (e) water intake system; (f) water storage or weir; (g) for a pumped storage hydro-electric power station—pumping equipment. 7 Ocean, wave and tide 7.1 The following components of an ocean, wave or tide electricity generation system may be taken to be part of a power station for the Act: (a) the equipment used: (i) to channel or trap water; or (ii) to exchange heat; or (iii) to provide for air or water flow; (b) generators; (c) turbines. 8 Solar electricity generation 8.1 The following components of a solar electricity generation system may be taken to be part of a power station for the Act: (a) device for converting incident solar energy to electrical energy; Examples: Photovoltaic panels, solar thermal collectors. (b) enabling equipment, including: (i) DC and AC cabling; (ii) energy storage system, including specially designed batteries; (iii) inverter for converting DC output of a generator to AC; (iv) backup power supply; (v) framework and housing for the system; (vi) trackers and sensors; (vii) instrumentation; (viii) control system. 122 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Guidelines for determining components of electricity generation system that are taken to be part of a power station Schedule 1 Clause 10 10 Wind 10.1 The following components of an electricity generation system that is a wind farm may be taken to be part of a power station for the Act: (a) rotor; (b) generator; (c) control system; (d) tower; (e) cabling to transformer and other wind turbines; (f) battery. 11 Waste coal mine gas 11.1 The following components of an electricity generation system that uses waste coal mine gas may be taken to be part of a power station for the Act: (a) combustion turbine or engine; (b) compressor; (c) control system; (d) waste coal mine gas cleaning system; (e) waste coal mine gas pumping or extraction system; (f) waste coal mine gas treatment or conditioner; (g) generator; (h) heat recovery system; (i) pumping equipment; (j) switchyard and transformer; (k) oxygen supply system; (l) water supply system; (m) mechanical cleaner; (n) particulate removal system. Renewable Energy (Electricity) Regulations 2001 123 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 3 Guidelines for determining 1997 eligible renewable power baseline for a power station Clause 1 Schedule 3—Guidelines for determining 1997 eligible renewable power baseline for a power station (regulation 5) Note: For power stations generating electricity using waste coal mine gas, the gas is treated as an eligible energy source—see clause 7. 1 Nil baselines 1.1 The 1997 eligible renewable power baseline for a power station is nil if: (a) before 1 January 1997, the power station generated electricity using an energy source that was not an eligible energy source and, on or after that date, the power station began generating electricity using an eligible energy source; or (b) the power station began generating electricity for the first time on or after 1 January 1997, and all or part of the electricity was generated using an eligible energy source; or (c) the power station was built after 1 January 1997 to take advantage of a change in water flow as a result of an action or policy of the Commonwealth Government to divert water from one power station to another. 2 Default baselines 2.1 For a power station that generated electricity using an eligible energy source before 1 January 1997, the 1997 eligible renewable power baseline is the average of the annual electricity generated from eligible energy sources in 1994, 1995 and 1996 (the reference period), worked out in accordance with Subdivision 2.3.1. 2.2 If the amount of electricity generated using an eligible energy source was not measured in the manner provided by these Regulations, the amount should be estimated from the measurements that were made and worked out in accordance with Subdivision 2.3.1. 2.3 However, if the power station did not generate electricity using an eligible energy source continuously in the reference period, the Regulator may: (a) for a power station that generated electricity using an eligible energy source for at least 24 months in the reference period: (i) extrapolate the amount of electricity generated using an eligible energy source or, in consultation with the nominated person for the power station, model the output of the power station over the months when electricity was not generated, based on fuel use, plant capacity and plant technology; and (ii) if, in the reference period, the power station began to generate electricity using an eligible energy source, or increased its capacity to generate electricity using an eligible energy source—model the output 124 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Guidelines for determining 1997 eligible renewable power baseline for a power station Schedule 3 Clause 3 of the power station over the year when the power station began to generate electricity or increased its capacity to generate electricity, based on fuel use, plant capacity and plant technology; or (b) for a power station that generated electricity using an eligible energy source for less than 24 months in the reference period: (i) in consultation with the nominated person for the power station, model the output of the power station over the months when electricity was not generated, based on fuel use, plant capacity and plant technology; and (ii) if, in the reference period, the power station began to generate electricity using an eligible energy source, or increased its capacity to generate electricity using an eligible energy source—model the output of the power station over the year when the power station began to generate electricity or increased its capacity to generate electricity, based on fuel use, plant capacity and plant technology. 2.4 If, in the reference period, the power station generated, on an intermittent basis, electricity using an eligible energy source, the Regulator may consider the level of operation at a particular time to be representative of a full year’s production. 2.5 However, subclause 2.4 applies only if the intermittent nature of the production was caused by the cyclical availability of fuel. 3 Special baselines 3.1 This clause applies to a power station that generates electricity using an eligible energy source. 3.1A The nominated person for the power station may apply to the Regulator, or the Regulator may decide on his or her own initiative, to determine a 1997 eligible renewable power baseline for the power station in a manner different from that set out in clause 2, if: (a) the nominated person or the Regulator considers that a period other than the reference period mentioned in clause 2 would be more representative of the normal operational cycles of the power station; and (b) any of the conditions mentioned in subclause 3.2 are satisfied. 3.2 The Regulator may determine a 1997 eligible renewable power baseline for the power station in a manner different from that set out in clause 2 if: (a) electricity generated using an eligible energy source by the power station is linked to seasonal variations of longer than 3 years; or (aa) measurement for the reference period would not be representative of 1997 levels of generation; or (b) at any time in the reference period, there were major changes to the infrastructure or operating environment of the power station; or (c) determining the baseline in accordance with clause 2 would cause hardship for the nominated person; or (d) the amount of electricity generated by the power station before 1994 using an eligible energy source was significantly different from that generated in Renewable Energy (Electricity) Regulations 2001 125 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 3 Guidelines for determining 1997 eligible renewable power baseline for a power station Clause 6 the reference period for reasons other than the capacity of the power station, demand for electricity or other operating constraints; or (e) at any time in the reference period, the power station’s capacity to generate electricity using an eligible energy source, or its output, was significantly reduced by unplanned outages or other operating constraints; or (f) an action or policy of the Commonwealth government directly reduced the power station’s capacity to generate electricity using an eligible energy source for a sustained period. 3.3 In determining a 1997 eligible renewable power baseline for the power station in a manner different from that set out in clause 2, the Regulator should take into account: (a) the need for the baseline to be representative of the amount of electricity the power station could have generated using an eligible energy source in 1997 under normal conditions; and (b) the generation capacity of the power station; and (c) the amount of electricity the power station has had to generate using an eligible energy source to meet the requirements of the electricity grid; and (d) any other matters that might have affected the amount of electricity the power station generated using an eligible energy source; and (e) any other information provided by the nominated person about electricity generated by the power station. 3.3A For subclause 3.3, the Regulator may take into account information about 1997 or later years. 3.4 Subclause 3.5 applies to a power station: (a) that is closed for at least 3 years continuously after 1 January 1997; and (b) that is refurbished at a cost of at least half the replacement cost of the power station at the same capacity. 3.5 The power station may be considered to be a new power station. 6 Baselines in 2001 6.1 For 2001, the 1997 eligible renewable power baseline for a power station is taken to be three-quarters of the baseline determined for the power station. 7 Treatment of waste coal mine gas as eligible energy source 7.1 In this Schedule (including calculations in accordance with Subdivision 2.3.1), electricity generated using waste coal mine gas is taken to have been generated using an eligible energy source, even though waste coal mine gas was not an eligible energy source at the time the electricity was generated. 126 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Guidelines for determining 2008 WCMG limit Schedule 3A Clause 1 Schedule 3A—Guidelines for determining 2008 WCMG limit (regulation 5A) 1 Meaning of WCMG power station 1.1 A power station is a WCMG power station if the power station: (a) was generating electricity using waste coal mine gas during May 2009; or (b) if paragraph (a) does not apply—had generated electricity from waste coal mine gas before May 2009, and, as at the end of May 2009, the owner or operator of the power station had a plan for the power station to resume generating electricity from waste coal mine gas before the end of September 2009. 2 Overall 2008 WCMG limit 2.1 The total of the 2008 WCMG limits for all WCMG power stations during a year mentioned in column 1 of the following table must not exceed the total amount of electricity set out in column 2 for the year. Year Total amount of electricity (GWh) 2012 425 2013 850 2014 850 2015 850 2016 850 2017 850 2018 850 2019 850 2020 850 3 2008 WCMG limit—general 3.1 Subject to clauses 4 and 5, the 2008 WCMG limit for a WCMG power station is the amount of electricity generated in 2008, worked out in accordance with Subdivision 2.3.1, less the amount of the 1997 eligible renewable power baseline (if any) for the power station. 3.2 However, for 2012: (a) the 2008 WCMG limit for a WCMG power station is half of the limit mentioned in subclause 3.1 for the power station; and (b) the 1997 eligible renewable power baseline for the WCMG power station is taken to be half of the baseline determined for the power station. Renewable Energy (Electricity) Regulations 2001 127 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 3A Guidelines for determining 2008 WCMG limit Clause 4 3.3 If the amount of electricity generated using waste coal mine gas was not measured in the manner provided for by these Regulations, the amount is to be estimated from the measurements that were made and worked out in accordance with Subdivision 2.3.1. 3.4 For the purpose of working out an amount of electricity generated in accordance with Subdivision 2.3.1, waste coal mine gas is to be treated as if it was an eligible energy source in 2008. 4 2008 WCMG limit—special circumstances 4.1 The Regulator may determine that the 2008 WCMG limit for a WCMG power station is greater than the limit mentioned in clause 3 if the nominated person for the power station provides satisfactory evidence to the Regulator that during 2008: (a) the power station did not generate electricity continuously because: (i) there was an unplanned plant outage affecting the power station; or (ii) the power station did not commence operating until after the beginning of 2008; or (b) the power station’s capacity to generate electricity using waste coal mine gas was reduced because of unplanned operating constraints beyond the control of the power station operator; or (c) the power station increased its capacity to generate electricity as a result of enhanced waste coal mine gas fuel supply, additional plant capacity, or generation efficiency; or (d) construction occurred to enhance the power station’s capacity to generate electricity through additional plant capacity or generation efficiency, but was not yet completed. 4.2 If the Regulator is satisfied as provided in paragraph 4.1(a) or (b), the Regulator may determine the 2008 WCMG limit for the power station by extrapolating the amount of electricity generated by the power station during 2008 to establish the amount of electricity that would have been generated by the power station had the occurrence mentioned in paragraph 4.1(a) or (b) not occurred. 4.3 If the Regulator is satisfied as provided in paragraph 4.1(c) or (d), the Regulator may, in consultation with the nominated person for the power station, determine the 2008 WCMG limit for the power station by modelling the output of the power station to establish the amount of electricity that would have been generated by the power station had the power station operated for the whole of 2008 with the increased capacity to generate electricity. 4.4 The 1997 eligible renewable power baseline (if any) for the power station must be subtracted from the amount determined under subclause 4.2 or 4.3. 4.5 However, for 2012: (a) the 2008 WCMG limit for a WCMG power station is half of the limit determined under subclause 4.2 or 4.3, as appropriate, for the power station; and 128 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Guidelines for determining 2008 WCMG limit Schedule 3A . Clause 5 (b) the 1997 eligible renewable power baseline for the WCMG power station is taken to be half of the baseline determined for the power station. 5 Moderating 2008 WCMG limits 5.1 If the total of the 2008 WCMG limits for all WCMG power stations worked out in accordance with clauses 3 and 4 for a year exceeds the amount of electricity specified in the table in subclause 2.1 for the year, then the 2008 WCMG limit for a power station for that year is to be worked out in accordance with the following formula, expressed in GWh:  year total     station total  2008 WCMG total  where: year total, for a year, is the amount of electricity specified in subclause 2.1 for the year. 2008 WCMG total, for a year, is the sum of all station total amounts for the year. station total, for a power station for a year, is the amount of electricity worked out in accordance with clause 3 or 4 for the station for the year. 5.2 The result worked out under subclause 5.1 is to be rounded down to the nearest MWh. 5.3 The 2008 WCMG limit for a power station for a year is not to be increased if the 2008 WCMG limit for all WCMG power stations for a year is less than the amount specified in the table in subclause 2.1 for the year. Renewable Energy (Electricity) Regulations 2001 129 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 4 Determination of solar water heater certificates Schedule 4—Determination of solar water heater certificates (subregulation 19B(4)) Item Australian Standard 1 AS/NZS 2535.1:2007, ‘Test methods for solar collectors—Thermal performance of glazed liquid heating collectors including pressure drop’ 2 AS/NZS 4234:2008, Heated water systems—Calculation of energy consumption 3 AS/NZS 4692.1:2005, ‘Electric water heaters—Energy consumption, performance and general requirements’ 130 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Preliminary Part 1 Clause 601 Schedule 6—Emissions-intensive trade-exposed activities (regulation 22D) Part 1—Preliminary 601 Preliminary (1) In this Schedule: (a) Division 1 of a Part (other than this Part) specifies activities that are emissions-intensive trade-exposed activities; and (b) Division 2 of the Part sets out whether the activity is: (i) highly emissions-intensive; or (ii) moderately emissions-intensive; and (c) Division 3 of the Part sets out the electricity baseline for calculating the amount of a liable entity’s exemption in respect of the activity. Note: The matters mentioned in paragraphs (b) and (c) are required for the purpose of calculating the amount of a liable entity’s exemption for a year in relation to an emissions-intensive trade-exposed activity and site under Division 5 of Part 3A (production calculation method)—see paragraph 46B(1)(a) of the Act. The method for calculating the relevant amount is set out in regulations 22Z to 22ZG. (2) In this Schedule, unless the contrary intention appears: (a) a concentration of a substance that is expressed as a percentage is a percentage with respect to mass; and (b) a reference to the moisture content of a substance expressed as a percentage is a percentage with respect to mass. Renewable Energy (Electricity) Regulations 2001 131 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 2 Production of glass containers Division 1 Production of glass containers Clause 602 Part 2—Production of glass containers Division 1—Production of glass containers 602 Production of glass containers (1) The production of glass containers is the physical and chemical transformation of silica (silicon dioxide (SiO2)) and other raw and recycled materials (such as cullet) to produce blown or pressed glass containers, by controlled melting and forming in a contiguous process. (2) The production of glass containers is specified as an emissions-intensive trade-exposed activity. 132 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of glass containers Part 2 Classification of activity Division 2 Clause 603 Division 2—Classification of activity 603 Classification of activity The production of glass containers is a moderately emissions-intensive activity. Renewable Energy (Electricity) Regulations 2001 133 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 2 Production of glass containers Division 3 Electricity baseline for calculating exemption Clause 604 Division 3—Electricity baseline for calculating exemption 604 Electricity baseline for product The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of glass containers is 0.308 MWh per tonne of blown and pressed glass containers that are: (a) produced by carrying on the emissions-intensive trade-exposed activity; and (b) of saleable quality. Note: Saleable quality is defined in regulation 22C. 134 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of bulk flat glass Part 3 Production of bulk flat glass Division 1 Clause 605 Part 3—Production of bulk flat glass Division 1—Production of bulk flat glass 605 Production of bulk flat glass (1) The production of bulk flat glass is the physical and chemical transformation of silica (silicon dioxide (SiO2)) and other raw and recycled materials (such as cullet) to produce bulk flat glass products, including wired glass and patterned glass, by controlled melting and forming in a contiguous process. (2) The production of bulk flat glass is specified as an emissions-intensive trade-exposed activity. Renewable Energy (Electricity) Regulations 2001 135 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 3 Production of bulk flat glass Division 2 Classification of activity Clause 606 Division 2—Classification of activity 606 Classification of activity The production of bulk flat glass is a highly emissions-intensive activity. 136 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of bulk flat glass Part 3 Electricity baseline for calculating exemption Division 3 Clause 607 Division 3—Electricity baseline for calculating exemption 607 Electricity baseline for product The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of bulk flat glass is 0.276 MWh per tonne of bulk flat glass that is: (a) produced by carrying on the emissions-intensive trade-exposed activity; and (b) of saleable quality. Note: Saleable quality is defined in regulation 22C. Renewable Energy (Electricity) Regulations 2001 137 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 4 Production of methanol Division 1 Production of methanol Clause 608 Part 4—Production of methanol Division 1—Production of methanol 608 Production of methanol (1) The production of methanol is the chemical transformation of 1 or more of the following: (a) hydrocarbons; (b) hydrogen feedstocks; (c) carbon feedstocks; (d) oxygen feedstocks; to produce liquid methanol (CH3OH) in which the concentration of methanol is equal to or greater than 98%. (2) The production of methanol is specified as an emissions-intensive trade-exposed activity. 138 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of methanol Part 4 Classification of activity Division 2 Clause 609 Division 2—Classification of activity 609 Classification of activity The production of methanol is specified as a highly emissions-intensive activity. Renewable Energy (Electricity) Regulations 2001 139 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 4 Production of methanol Division 3 Electricity baseline for calculating exemption Clause 610 Division 3—Electricity baseline for calculating exemption 610 Electricity baseline for product The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of methanol is 0.490 MWh per tonne of 100% equivalent methanol (CH3OH) that is produced by carrying on the emissions-intensive trade-exposed activity. 140 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of carbon black Part 5 Production of carbon black Division 1 Clause 611 Part 5—Production of carbon black Division 1—Production of carbon black 611 Production of carbon black (1) The production of carbon black is the chemical transformation of gaseous or liquid hydrocarbons to produce a colloidal carbon material (known as ‘carbon black’) in the form of spheres or of fused aggregates of the spheres. (2) The particle size of the colloidal carbon must be below 1 000nm in at least 1 dimension. (3) The production of carbon black is specified as an emissions-intensive trade-exposed activity. Renewable Energy (Electricity) Regulations 2001 141 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 5 Production of carbon black Division 2 Classification of activity Clause 612 Division 2—Classification of activity 612 Classification of activity The production of carbon black is a highly emissions-intensive activity. 142 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of carbon black Part 5 Electricity baseline for calculating exemption Division 3 Clause 613 Division 3—Electricity baseline for calculating exemption 613 Electricity baseline for product The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of carbon black is 0.514 MWh per tonne, on a dry weight basis, of pelletised carbon black that is: (a) produced by carrying on the emissions-intensive trade-exposed activity; and (b) of saleable quality. Note: Saleable quality is defined in regulation 22C. Renewable Energy (Electricity) Regulations 2001 143 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 6 Production of white titanium dioxide (TiO2) pigment Division 1 Production of white titanium dioxide (TiO2) pigment Clause 614 Part 6—Production of white titanium dioxide (TiO2) pigment Division 1—Production of white titanium dioxide (TiO2) pigment 614 Production of white titanium dioxide (TiO2) pigment (1) The production of white titanium dioxide (TiO2) pigment is the chemical transformation of 1 or more of the following: (a) rutile (TiO2); (b) synthetic rutile (TiO2); (c) ilmenite (FeTiO3); (d) leucoxene; (e) titanium slag that has an iron (Fe) concentration of greater than or equal to 7%; to produce white titanium dioxide (TiO2) pigment. (2) The white titanium dioxide (TiO2) pigment must: (a) conform with ASTM classification D476-00; and (b) have an iron (Fe) concentration of less than or equal to 0.5%. (3) The production of white titanium dioxide (TiO2) pigment is specified as an emissions-intensive trade-exposed activity. 144 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of white titanium dioxide (TiO2) pigment Part 6 Classification of activity Division 2 Clause 615 Division 2—Classification of activity 615 Classification of activity The production of white titanium dioxide (TiO2) pigment is a moderately emissions-intensive activity. Renewable Energy (Electricity) Regulations 2001 145 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 6 Production of white titanium dioxide (TiO2) pigment Division 3 Electricity baseline for calculating exemption Clause 616 Division 3—Electricity baseline for calculating exemption 616 Electricity baseline for product The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of white titanium dioxide (TiO2) pigment is 0.986 MWh per tonne of white titanium dioxide pigment that: (a) is produced by carrying on the emissions-intensive trade-exposed activity; and (b) conforms with ASTM classification D476-00; and (c) has an iron (Fe) concentration of less than or equal to 0.5%; and (d) is of saleable quality. Note: Saleable quality is defined in regulation 22C. 146 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of silicon Part 7 Production of silicon Division 1 Clause 617 Part 7—Production of silicon Division 1—Production of silicon 617 Production of silicon (1) The production of silicon is the chemical transformation of silica (silicon dioxide (SiO2)) to produce silicon (Si) with a concentration of silicon equal to or greater than 98.0%, conducted in accordance with the overall chemical equation: SiO 2(s) + 2C(s)  Si (s) + 2CO (g) (2) The production of silicon is specified as an emissions-intensive trade-exposed activity. Renewable Energy (Electricity) Regulations 2001 147 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 7 Production of silicon Division 2 Classification of activity Clause 618 Division 2—Classification of activity 618 Classification of activity The production of silicon is a highly emissions-intensive activity. 148 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of silicon Part 7 Electricity baseline for calculating exemption Division 3 Clause 619 Division 3—Electricity baseline for calculating exemption 619 Electricity baseline for product The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of silicon is 11.7 MWh per tonne of silicon that: (a) has a concentration of silicon equal to or greater than 98.0%; and (b) is produced by carrying on the emissions-intensive trade-exposed activity; and (c) is of saleable quality. Note: Saleable quality is defined in regulation 22C. Renewable Energy (Electricity) Regulations 2001 149 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 8 Smelting zinc Division 1 Smelting zinc Clause 620 Part 8—Smelting zinc Division 1—Smelting zinc 620 Smelting zinc (1) Smelting zinc is the chemical transformation of either or both of: (a) concentrated mineralised zinc compounds; and (b) zinc-bearing secondary materials; to produce zinc metal (Zn) with a concentration of zinc equal to or greater than 99.95%. (2) Smelting zinc is specified as an emissions-intensive trade-exposed activity. 150 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Smelting zinc Part 8 Classification of activity Division 2 Clause 621 Division 2—Classification of activity 621 Classification of activity Smelting zinc is a highly emissions-intensive activity. Renewable Energy (Electricity) Regulations 2001 151 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 8 Smelting zinc Division 3 Electricity baseline for calculating exemption Clause 622 Division 3—Electricity baseline for calculating exemption 622 Electricity baseline for product The electricity baseline for calculating the amount of a liable entity’s exemption in respect of smelting zinc is 4.25 MWh per tonne of zinc that: (a) has a concentration of zinc equal to or greater than 99.95%; and (b) is produced by carrying on the emissions-intensive trade-exposed activity; and (c) is of saleable quality. Note: Saleable quality is defined in regulation 22C. 152 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Integrated production of lead and zinc Part 9 Integrated production of lead and zinc Division 1 Clause 623 Part 9—Integrated production of lead and zinc Division 1—Integrated production of lead and zinc 623 Integrated production of lead and zinc (1) The integrated production of lead and zinc is the chemical transformation of either or both of: (a) concentrated mineralised lead compounds, with or without additional lead-bearing secondary materials; and (b) concentrated mineralised zinc compounds, with or without additional zinc-bearing secondary materials; to produce: (c) lead metal (Pb) with a concentration of lead equal to or greater than 99.97%; and (ca) lead metal (Pb) with a concentration of lead of at least 99.5% but less than 99.97%; and (d) zinc in fume (Zn) with a concentration of zinc equal to or greater than 60%. (2) The integrated production of lead and zinc is specified as an emissions-intensive trade-exposed activity. Renewable Energy (Electricity) Regulations 2001 153 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 9 Integrated production of lead and zinc Division 2 Classification of activity Clause 624 Division 2—Classification of activity 624 Classification of activity The integrated production of lead and zinc is a moderately emissions-intensive activity. 154 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Integrated production of lead and zinc Part 9 Electricity baseline for calculating exemption Division 3 Clause 625 Division 3—Electricity baseline for calculating exemption 625 Electricity baseline for product (1) For the production of lead metal (Pb) with a concentration of lead of at least 99.97%, the basis for calculating the amount of a liable entity’s exemption is 0.355 MWh per tonne of lead metal that: (a) has a concentration of lead equal to or greater than 99.97%; and (aa) is not produced from a product mentioned in paragraph 623(1)(ca); and (b) is produced by carrying on the emissions-intensive trade-exposed activity; and (c) is of saleable quality. Note: Saleable quality is defined in regulation 22C. (1A) For the production of lead metal (Pb) with a concentration of lead of at least 99.5% but less than 99.97%, the basis for calculating the amount of a liable entity’s exemption is 0.371 MWh per tonne of lead metal that: (a) has a concentration of lead of at least 99.5% but less than 99.97%; and (b) is produced by carrying on the emissions-intensive trade-exposed activity; and (c) is of saleable quality. Note: Saleable quality is defined in regulation 22C. (2) For the production of zinc in fume (Zn), the basis for calculating the amount of a liable entity’s exemption is 0.820 MWh per tonne of 100% equivalent zinc contained within zinc in fume that: (a) has a concentration of zinc equal to or greater than 60%; and (b) is produced by carrying on the emissions-intensive trade-exposed activity. Renewable Energy (Electricity) Regulations 2001 155 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 10 Aluminium smelting Division 1 Aluminium smelting Clause 626 Part 10—Aluminium smelting Division 1—Aluminium smelting 626 Aluminium smelting (1) Aluminium smelting is the physical and chemical transformation of alumina (aluminium oxide (Al2O3)) into saleable aluminium metal (Al). (2) Aluminium smelting is specified as an emissions-intensive trade-exposed activity. 156 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Aluminium smelting Part 10 Classification of activity Division 2 Clause 627 Division 2—Classification of activity 627 Classification of activity Aluminium smelting is a highly emissions-intensive activity. Renewable Energy (Electricity) Regulations 2001 157 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 10 Aluminium smelting Division 3 Electricity baseline for calculating exemption Clause 628 Division 3—Electricity baseline for calculating exemption 628 Electricity baseline for product The electricity baseline for calculating the amount of a liable entity’s exemption in respect of aluminium smelting is 15.0 MWh per tonne of primary aluminium (Al) that: (a) has a concentration of aluminium equal to or greater than 98%; and (b) is produced as part of carrying on the emissions-intensive trade-exposed activity; and (c) is weighed after electrolysis but before casting. 158 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of high purity ethanol Part 11 Production of high purity ethanol Division 1 Clause 629 Part 11—Production of high purity ethanol Division 1—Production of high purity ethanol 629 Production of high purity ethanol (1) The production of high purity ethanol is the chemical transformation of fermentable sugars (such as C6H12O6, C5H10O5, C12H22O11 or C18H32O16) to ethanol (C2H5OH) and subsequent purification process to obtain a solution of high purity ethanol where the concentration of ethanol is equal to or greater than 95% with respect to volume. (2) The production of high purity ethanol is specified as an emissions-intensive trade-exposed activity. Renewable Energy (Electricity) Regulations 2001 159 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 11 Production of high purity ethanol Division 2 Classification of activity Clause 630 Division 2—Classification of activity 630 Classification of activity The production of high purity ethanol is a moderately emissions-intensive activity. 160 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of high purity ethanol Part 11 Electricity baseline for calculating exemption Division 3 Clause 631 Division 3—Electricity baseline for calculating exemption 631 Electricity baseline for product The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of high purity ethanol is 0.168 MWh per kilolitre of 100% equivalent ethanol (C2H5OH) at 20 °C that is produced by carrying on the emissions-intensive trade-exposed activity, assuming a density of ethanol of 789.24 kg/m3 at 20 °C. Renewable Energy (Electricity) Regulations 2001 161 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 12 Production of magnesia Division 1 Production of magnesia Clause 632 Part 12—Production of magnesia Division 1—Production of magnesia 632 Production of magnesia (1) The production of magnesia is the chemical and physical transformation of magnesite (magnesium carbonate (MgCO3)) into 1 or more of the following magnesia products: (a) caustic calcined magnesia that: (i) has a concentration of magnesium oxide (MgO) equal to or greater than 75%; and (ii) is burned between 650 °C and 1 200 °C; (b) deadburned magnesia that: (i) has a concentration of magnesium oxide equal to or greater than 85%; and (ii) has grain density of 2.85 g/cm3 to 3.45 g/cm3; and (iii) is burned between 1 300 °C and 2 200 °C; (c) electrofused magnesia that: (i) has a concentration of magnesium oxide equal to or greater than 90%; and (ii) has grain density of greater than 3.45 g/cm3; and (iii) is fused at temperatures in excess of 2 750 °C. (2) The production of magnesia is specified as an emissions-intensive trade-exposed activity. 162 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of magnesia Part 12 Classification of activity Division 2 Clause 633 Division 2—Classification of activity 633 Classification of activity The production of magnesia is a highly emissions-intensive activity. Renewable Energy (Electricity) Regulations 2001 163 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 12 Production of magnesia Division 3 Electricity baseline for calculating exemption Clause 634 Division 3—Electricity baseline for calculating exemption 634 Electricity baseline for product (1) For the production of caustic calcined magnesia, the basis for calculating the amount of a liable entity’s exemption is 0.0757 MWh per tonne of caustic calcined magnesia on a dry weight basis that: (a) has a concentration of magnesium oxide (MgO) equal to or greater than 75%; and (b) is produced by, or as part of, carrying on the emissions-intensive trade-exposed activity; and (c) is of saleable quality; whether or not it is later transformed into deadburned magnesia or electrofused magnesia. Note: Saleable quality is defined in regulation 22C. (2) For the production of deadburned magnesia, the basis for calculating the amount of a liable entity’s exemption is 0.202 MWh per tonne of deadburned magnesia on a dry weight basis that: (a) has a concentration of magnesium oxide equal to or greater than 85%; and (b) has grain density of 2.85 g/cm3 to 3.45 g/cm3; and (c) is produced by carrying on the emissions-intensive trade-exposed activity; and (d) is of saleable quality. Note: Saleable quality is defined in regulation 22C. (3) For the production of electrofused magnesia, the basis for calculating the amount of a liable entity’s exemption is 2.45 MWh per tonne of electrofused magnesia on a dry weight basis that: (a) has a concentration of magnesium oxide equal to or greater than 90%; and (b) has grain density of greater than 3.45 g/cm3; and (c) is produced by carrying on the emissions-intensive trade-exposed activity; and (d) is of saleable quality. Note: Saleable quality is defined in regulation 22C. 164 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Manufacture of newsprint Part 13 Manufacture of newsprint Division 1 Clause 635 Part 13—Manufacture of newsprint Division 1—Manufacture of newsprint 635 Manufacture of newsprint (1) The manufacture of newsprint is the chemical or physical transformation, through an integrated process, of any or all of woodchips, sawdust, wood pulp and recovered paper into rolls of coated or uncoated newsprint that: (a) has a grammage range of 30 g/m2 to 80 g/m2; and (b) has a moisture content range of 4% to 11%; and (c) is generally usable for newspaper or publication products. (2) The manufacture of newsprint is specified as an emissions-intensive trade-exposed activity. Renewable Energy (Electricity) Regulations 2001 165 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 13 Manufacture of newsprint Division 2 Classification of activity Clause 636 Division 2—Classification of activity 636 Classification of activity The manufacture of newsprint is a highly emissions-intensive activity. 166 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Manufacture of newsprint Part 13 Electricity baseline for calculating exemption Division 3 Clause 637 Division 3—Electricity baseline for calculating exemption 637 Electricity baseline for product (1) For the manufacture of coated or uncoated newsprint that: (a) has a grammage range of 30 g/m2 to 80 g/m2; and (b) has a moisture content range of 4% to 11%; and (c) is generally usable for newspaper or publication products; the electricity baseline for calculating the amount of a liable entity’s exemption is 0.697 MWh per air dried tonne of rolls of coated or uncoated newsprint of saleable quality produced by carrying on the emissions-intensive trade-exposed activity. Note: Saleable quality is defined in regulation 22C. (2) For the production of pulp from either or both of woodchips and sawdust, the basis for calculating the amount of a liable entity’s exemption is 2.48 MWh per tonne of bone dried equivalent pulp that is: (a) used in the integrated process of manufacturing newsprint; and (b) produced as part of carrying on the emissions-intensive trade-exposed activity. (3) For the production of pulp from recovered paper, the basis for calculating the amount of a liable entity’s exemption is 0.431 MWh per tonne of bone dried equivalent pulp that is: (a) used in the integrated process of manufacturing newsprint; and (b) produced as part of carrying on the emissions-intensive trade-exposed activity. (4) For this Part, an amount of pulp or paper that is used as a basis for calculating the amount of a liable entity’s exemption for 1 of the following emissions-intensive trade-exposed activities: (a) the manufacture of newsprint; (b) dry pulp manufacturing; (c) cartonboard manufacturing; (d) packaging and industrial paper manufacturing; (e) printing and writing paper manufacturing; (f) tissue paper manufacturing; does not count for the purpose of the basis for allocation of another of those emissions-intensive trade-exposed activities. Renewable Energy (Electricity) Regulations 2001 167 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 14 Dry pulp manufacturing Division 1 Dry pulp manufacturing Clause 638 Part 14—Dry pulp manufacturing Division 1—Dry pulp manufacturing 638 Dry pulp manufacturing (1) Dry pulp manufacturing is the physical or chemical transformation of any or all of wood chips, sawdust, wood pulp and recovered paper into either or both of rolls and bales of dry pulp that: (a) has a moisture content in the range of 4% to 14%; and (b) is generally useable in either or both of: (i) paper manufacturing; and (ii) the production of sanitary products (such as a fluff pulp layer in sanitary products). (2) Dry pulp manufacturing is specified as an emissions-intensive trade-exposed activity. 168 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Dry pulp manufacturing Part 14 Classification of activity Division 2 Clause 639 Division 2—Classification of activity 639 Classification of activity Dry pulp manufacturing is a highly emissions-intensive activity. Renewable Energy (Electricity) Regulations 2001 169 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 14 Dry pulp manufacturing Division 3 Electricity baseline for calculating exemption Clause 640 Division 3—Electricity baseline for calculating exemption 640 Electricity baseline for product (1) For dry pulp manufacturing, the basis for calculating the amount of a liable entity’s exemption is 0.404 MWh per tonne of either or both of rolls and bales of dry pulp that: (a) has a moisture content in the range of 4% to 14%; and (b) is generally useable in either or both of: (i) paper manufacturing; and (ii) the production of sanitary products (such as a fluff pulp layer in sanitary products); and (c) is produced by carrying on the emissions-intensive trade-exposed activity; and (d) is of saleable quality. Note: Saleable quality is defined in regulation 22C. (2) For the production of pulp from either or both of woodchips and sawdust as part of dry pulp manufacturing, the basis for calculating the amount of a liable entity’s exemption is 0.448 MWh per total air dried tonne (applying a 10% moisture content) of equivalent pulp that is: (a) produced from either or both of woodchips and sawdust; (b) used in the process of manufacturing dry pulp; and (c) produced as part of carrying on the emissions-intensive trade-exposed activity. (3) For this Part, an amount of pulp or paper that is used as a basis for calculating the amount of a liable entity’s exemption for 1 of the following emissions-intensive trade-exposed activities: (a) the manufacture of newsprint; (b) dry pulp manufacturing; (c) cartonboard manufacturing; (d) packaging and industrial paper manufacturing; (e) printing and writing paper manufacturing; (f) tissue paper manufacturing; does not count for the purpose of the basis for allocation of another of those emissions-intensive trade-exposed activities. 170 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Cartonboard manufacturing Part 15 Cartonboard manufacturing Division 1 Clause 641 Part 15—Cartonboard manufacturing Division 1—Cartonboard manufacturing 641 Cartonboard manufacturing (1) Cartonboard manufacturing is the physical or chemical transformation of any or all of wood chips, sawdust, wood pulp and recovered paper into rolls of cartonboard that: (a) has a grammage range of 150 g/m2 to 500 g/m2; and (b) has a moisture content in the range of 4% to 11%, and (c) is coated; and (d) is generally useable as cartonboard product such as coated kraft liner, coated multiply and other coated paperboard. (2) Cartonboard manufacturing is specified as an emissions-intensive trade-exposed activity. Renewable Energy (Electricity) Regulations 2001 171 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 15 Cartonboard manufacturing Division 2 Classification of activity Clause 642 Division 2—Classification of activity 642 Classification of activity Cartonboard manufacturing is a highly emissions-intensive activity. 172 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Cartonboard manufacturing Part 15 Electricity baseline for calculating exemption Division 3 Clause 643 Division 3—Electricity baseline for calculating exemption 643 Electricity baseline for product (1) For cartonboard manufacturing, the basis for calculating the amount of a liable entity’s exemption is 0.775 MWh per total tonne of rolls of cartonboard that: (a) has a grammage range of 150 g/m2 to 500 g/m2; and (b) has a moisture content in the range of 4% to 11%; and (c) is coated; and (d) is generally useable as cartonboard product such as coated kraft liner, coated multiply and other coated paperboard; and (e) is produced by carrying on the emissions-intensive trade-exposed activity; and (f) is of saleable quality. Note: Saleable quality is defined in regulation 22C. (2) For the production of pulp from either or both of woodchips and sawdust as part of cartonboard manufacturing, the basis for calculating the amount of a liable entity’s exemption is 0.448 MWh per total air dried tonne (applying a 10% moisture content) of equivalent pulp that is: (a) produced from either or both of woodchips and sawdust; and (b) used in the process of cartonboard manufacturing; and (c) produced as part of carrying on the emissions-intensive trade-exposed activity. (3) For this Part, an amount of pulp or paper that is used as a basis for calculating the amount of a liable entity’s exemption for 1 of the following emissions-intensive trade-exposed activities: (a) the manufacture of newsprint; (b) dry pulp manufacturing; (c) cartonboard manufacturing; (d) packaging and industrial paper manufacturing; (e) printing and writing paper manufacturing; (f) tissue paper manufacturing; does not count for the purpose of the basis for allocation of another of those emissions-intensive trade-exposed activities. Renewable Energy (Electricity) Regulations 2001 173 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 16 Packaging and industrial paper manufacturing Division 1 Packaging and industrial paper manufacturing Clause 644 Part 16—Packaging and industrial paper manufacturing Division 1—Packaging and industrial paper manufacturing 644 Packaging and industrial paper manufacturing (1) Packaging and industrial paper manufacturing is the physical or chemical transformation of any or all of wood chips, sawdust, wood pulp and recovered paper into rolls of packaging and industrial paper that (a) is produced from wholly or partially unbleached input fibre; and (b) has a grammage range of 30 g/m2 to 500 g/m2; and (c) has a moisture content in the range of 4% to 11%; and (d) is uncoated; and (e) is generally useable as a packaging or industrial paper, including products such as kraft liner, recycled or multiply liner, medium, sack and bag paper, wrapping paper, plasterboard liner, horticultural paper and building paper. (2) Packaging and industrial paper manufacturing is specified as an emissions-intensive trade-exposed activity. 174 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Packaging and industrial paper manufacturing Part 16 Classification of activity Division 2 Clause 645 Division 2—Classification of activity 645 Classification of activity Packaging and industrial paper manufacturing is a highly emissions-intensive activity. Renewable Energy (Electricity) Regulations 2001 175 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 16 Packaging and industrial paper manufacturing Division 3 Electricity baseline for calculating exemption Clause 646 Division 3—Electricity baseline for calculating exemption 646 Electricity baseline for product (1) For packaging and industrial paper manufacturing, the basis for calculating the amount of a liable entity’s exemption is 0.554 MWh per total tonne of rolls of packaging and industrial paper that: (a) is produced from wholly or partially unbleached input fibre; and (b) has a grammage range of 30 g/m2 to 500 g/m2; and (c) has a moisture content in the range of 4% to 11%; and (d) is uncoated; and (e) is generally useable as a packaging or industrial paper product, including products such as kraft liner, recycled or multiply liner, medium, sack and bag paper, wrapping paper, plasterboard liner, horticultural paper and building paper; and (f) is produced by carrying on the emissions-intensive trade-exposed activity; and (g) is of saleable quality. Note: Saleable quality is defined in regulation 22C. (2) For the production of pulp from either or both of woodchips and sawdust as part of packaging and industrial paper manufacturing, the basis for calculating the amount of a liable entity’s exemption is 0.448 MWh per total air dried tonne (assuming a 10% moisture content) of equivalent pulp that is: (a) produced from either or both of woodchips and sawdust; and (b) used in the process of manufacturing packaging and industrial paper; and (c) produced as part of carrying on the emissions-intensive trade-exposed activity. (3) For this Part, an amount of pulp or paper that is used as a basis for calculating the amount of a liable entity’s exemption for 1 of the following emissions-intensive trade-exposed activities: (a) the manufacture of newsprint; (b) dry pulp manufacturing; (c) cartonboard manufacturing; (d) packaging and industrial paper manufacturing; (e) printing and writing paper manufacturing; (f) tissue paper manufacturing; does not count for the purpose of the basis for allocation of another of those emissions-intensive trade-exposed activities. 176 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Printing and writing paper manufacturing Part 17 Printing and writing paper manufacturing Division 1 Clause 647 Part 17—Printing and writing paper manufacturing Division 1—Printing and writing paper manufacturing 647 Printing and writing paper manufacturing (1) Printing and writing paper manufacturing is the physical or chemical transformation of any or all of wood chips, sawdust, wood pulp and recovered paper into rolls of coated or uncoated printing and writing paper that: (a) is produced from 100% bleached or brightened input fibre; and (b) has a grammage range of 42 g/m2 to 350 g/m2; and (c) has a moisture content in the range of 4% to 11%; and (d) is generally useable as a printing and writing paper product, including products such as offset paper, copy paper, laser printing paper, magazine paper, filing card paper, manilla, book printing paper, envelope paper, forms paper, scholastic paper, cheque paper and security paper. (2) Printing and writing paper manufacturing is specified as an emissions-intensive trade-exposed activity. Renewable Energy (Electricity) Regulations 2001 177 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 17 Printing and writing paper manufacturing Division 2 Classification of activity Clause 648 Division 2—Classification of activity 648 Classification of activity Printing and writing paper manufacturing is a highly emissions-intensive activity. 178 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Printing and writing paper manufacturing Part 17 Electricity baseline for calculating exemption Division 3 Clause 649 Division 3—Electricity baseline for calculating exemption 649 Electricity baseline for product (1) For printing and writing paper manufacturing, the basis for calculating the amount of a liable entity’s exemption is 0.880 MWh per total tonne of rolls of coated or uncoated printing and writing paper that: (a) is produced from 100% bleached or brightened input fibre; and (b) has a grammage range of 42 g/m2 to 350 g/m2; and (c) has a moisture content in the range of 4% to 11%; and (d) is generally useable as a printing and writing paper product, including products such as offset paper, copy paper, laser printing paper, magazine paper, filing card paper, manilla, book printing paper, envelope paper, forms paper, scholastic paper, cheque paper and security paper; and (e) is produced by carrying on the emissions-intensive trade-exposed activity; and (f) is of saleable quality. Note: Saleable quality is defined in regulation 22C. (2) For the production of pulp from either or both of woodchips and sawdust as part of printing and writing paper manufacturing, the basis for calculating the amount of a liable entity’s exemption is 0.448 MWh per total air dried tonne (assuming a 10% moisture content) of equivalent pulp that is: (a) produced from either or both of woodchips and sawdust; and (b) used in the process of manufacturing printing and writing paper; and (c) produced as part of carrying on the emissions-intensive trade-exposed activity. (2A) For the production of pulp from recovered paper as part of printing and writing paper manufacturing, the basis for calculating the amount of a liable entity’s exemption is 0.824 MWh per total air dried tonne (assuming a 10% moisture content) of equivalent pulp that is: (a) produced from recovered paper; and (b) used in the process of manufacturing printing and writing paper; and (c) produced as part of carrying on the emissions-intensive trade-exposed activity. (3) For this Part, an amount of pulp or paper that is used as a basis for calculating the amount of a liable entity’s exemption for 1 of the following emissions-intensive trade-exposed activities: (a) the manufacture of newsprint; (b) dry pulp manufacturing; (c) cartonboard manufacturing; (d) packaging and industrial paper manufacturing; (e) printing and writing paper manufacturing; Renewable Energy (Electricity) Regulations 2001 179 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 17 Printing and writing paper manufacturing Division 3 Electricity baseline for calculating exemption Clause 649 (f) tissue paper manufacturing; does not count for the purpose of the basis for allocation of another of those emissions-intensive trade-exposed activities. 180 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Alumina refining Part 18 Alumina refining Division 1 Clause 650 Part 18—Alumina refining Division 1—Alumina refining 650 Alumina refining (1) Alumina refining is the physical and chemical transformation of bauxite (which is an ore containing mineralised aluminium compounds) into alumina (aluminium oxide (Al2O3)) with a concentration of aluminium oxide equal to or greater than 95%. (2) Alumina refining is specified as an emissions-intensive trade-exposed activity. Renewable Energy (Electricity) Regulations 2001 181 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 18 Alumina refining Division 2 Classification of activity Clause 651 Division 2—Classification of activity 651 Classification of activity Alumina refining is a highly emissions-intensive activity. 182 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Alumina refining Part 18 Electricity baseline for calculating exemption Division 3 Clause 652 Division 3—Electricity baseline for calculating exemption 652 Electricity baseline for product The electricity baseline for calculating the amount of a liable entity’s exemption in relation to alumina refining is 0.228 MWh per tonne of alumina (aluminium oxide (Al2O3)) that: (a) has a concentration of aluminium oxide equal to or greater than 95%; and (b) is produced by carrying on the emissions-intensive trade-exposed activity; and (c) is of saleable quality. Note: Saleable quality is defined in regulation 22C. Renewable Energy (Electricity) Regulations 2001 183 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 19 Tissue paper manufacturing Division 1 Tissue paper manufacturing Clause 653 Part 19—Tissue paper manufacturing Division 1—Tissue paper manufacturing 653 Tissue paper manufacturing (1) Tissue paper manufacturing is the physical or chemical transformation of any or all of wood chips, sawdust, wood pulp and recovered paper into rolls of uncoated tissue paper that: (a) has a grammage range of 13 g/m2 to 75 g/m2; and (b) has a moisture content in the range of 4% to 11%; and (c) is generally useable in sanitary products such as facial tissue, paper towel, bathroom tissue and napkins. (2) Tissue paper manufacturing is specified as an emissions-intensive trade-exposed activity. 184 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Tissue paper manufacturing Part 19 Classification of activity Division 2 Clause 654 Division 2—Classification of activity 654 Classification of activity Tissue paper manufacturing is a moderately emissions-intensive activity. Renewable Energy (Electricity) Regulations 2001 185 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 19 Tissue paper manufacturing Division 3 Electricity baseline for calculating exemption Clause 655 Division 3—Electricity baseline for calculating exemption 655 Electricity baseline for product (1) Subject to subclause (3), for tissue paper manufacturing, the basis for calculating the amount of a liable entity’s exemption is 1.67 MWh per total tonne of rolls of uncoated tissue paper that: (a) has a grammage range of 13 g/m2 to 75 g/m2; and (b) has a moisture content in the range of 4% to 11%; and (c) is generally useable in sanitary products such as facial tissue, paper towel, bathroom tissue and napkins; and (d) is produced by carrying on the emissions-intensive trade-exposed activity; and (e) is of saleable quality. Note: Saleable quality is defined in regulation 22C. (2) For the production of pulp from either or both of woodchips and sawdust as part of the tissue paper manufacturing, the basis for calculating the amount of a liable entity’s exemption is 0.448 MWh per total air dried tonne (assuming a 10% moisture content) of equivalent pulp that is: (a) produced from either or both of woodchips and sawdust; and (b) used in the process of manufacturing tissue paper; and (c) produced as part of carrying on the emissions-intensive trade-exposed activity. (3) For this Part, an amount of pulp or paper that is used as a basis for calculating the amount of a liable entity’s exemption for 1 of the following emissions-intensive trade-exposed activities: (a) the manufacture of newsprint; (b) dry pulp manufacturing; (c) cartonboard manufacturing; (d) packaging and industrial paper manufacturing; (e) printing and writing paper manufacturing; (f) tissue paper manufacturing; does not count for the purpose of the basis for allocation of another of those emissions-intensive trade-exposed activities. 186 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Integrated iron and steel manufacturing Part 20 Integrated iron and steel manufacturing Division 1 Clause 656 Part 20—Integrated iron and steel manufacturing Division 1—Integrated iron and steel manufacturing 656 Integrated iron and steel manufacturing (1) Integrated iron and steel manufacturing is the chemical and physical transformation of iron ore into crude carbon steel products and hot-rolled carbon steel products involving all of the following processes: (a) the chemical and physical transformation of iron ore into agglomerated iron ore, such as iron ore sinter or iron ore pellets; (b) the carbonisation of coal (principally coking coal) into coke oven coke; (c) the chemical and physical transformation of either or both of limestone or dolomite, into lime (including burnt lime and burnt dolomite); (d) the chemical and physical transformation of iron ore feed, including agglomerated iron ore, into molten iron which includes the reduction of oxides of iron using carbon as the predominant reducing agent; (e) the chemical and physical transformation of molten iron and cold ferrous feed, such as pig iron, flat iron and ferrous scrap, into 1 or more of the following: (i) continuously cast carbon steel products; (ii) ingots of carbon steel; (iii) hot-rolled carbon steel products, which commenced hot-rolling at a temperature above 800 °C. Note: Carbon steel and coke oven coke are defined in regulation 22A. (2) Integrated iron and steel manufacturing may also include the physical transformation of continuously cast carbon steel products into hot-rolled carbon steel products which commence hot-rolling at a temperature above 800 °C if the continuously cast carbon steel products are produced: (a) at a site that: (i) conducts the activity of integrated iron and steel manufacturing; and (ii) is not a site that is part of the activity group associated with the activity that is the subject of the application made under subsection 46A(1) of the Act; or (b) from the activity of manufacture of carbon steel from cold ferrous feed. Note: Activity group is defined in regulation 22A. (3) For the purposes of paragraph (1)(e), if the amount of the exemption is worked out under Division 5 (production method), the maximum percentage of cold ferrous feed transformed into 1 or more of the items in subparagraphs (1)(e)(i) to (iii) as a proportion of molten iron and cold ferrous feed, must not: (a) for a site that does not meet the criteria specified in subregulation 22ZD(3) for a new entrant site and that is not part of an activity group—be greater than 30% over the relevant financial year for the site; or Renewable Energy (Electricity) Regulations 2001 187 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 20 Integrated iron and steel manufacturing Division 1 Integrated iron and steel manufacturing Clause 656 (b) for a site that does not meet the criteria specified in subregulation 22ZD(3) for a new entrant site and that is part of an activity group—be greater than 30% over the relevant financial year for the sites that are part of the activity group; or (c) for a site that does meet the criteria specified in subregulation 22ZD(3) for a new entrant site—be likely to be greater than 30% over the relevant financial year for the site. Note: Activity group and relevant financial year are defined in regulation 22A. (4) Integrated iron and steel manufacturing is specified as an emissions-intensive trade-exposed activity. 188 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Integrated iron and steel manufacturing Part 20 Classification of activity Division 2 Clause 657 Division 2—Classification of activity 657 Classification of activity Integrated iron and steel manufacturing is a highly emissions-intensive activity. Renewable Energy (Electricity) Regulations 2001 189 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 20 Integrated iron and steel manufacturing Division 3 Electricity baseline for calculating exemption Clause 658 Division 3—Electricity baseline for calculating exemption 658 Electricity baseline for product (1) For the production of iron ore sinter, the electricity baseline for calculating the amount of a liable entity’s exemption is 0.0397 MWh per tonne of iron ore sinter on a dry weight basis that: (a) meets the necessary requirements for use in the integrated iron and steel manufacturing process; and (b) is produced as part of carrying on the emissions-intensive trade-exposed activity. (2) For the production of iron ore pellets, the electricity baseline for calculating the amount of a liable entity’s exemption is 0.0742 MWh per tonne of iron ore pellets on a dry weight basis that: (a) meet the necessary requirements for use in the integrated iron and steel manufacturing process; and (b) are produced as part of carrying on the emissions-intensive trade-exposed activity. (3) For the production of coke oven coke, the electricity baseline for calculating the amount of a liable entity’s exemption is 0.0397 MWh per tonne of coke oven coke on a dry weight basis that: (a) meets the necessary requirements for use in the integrated iron and steel manufacturing process; and (b) is produced as part of carrying on the emissions-intensive trade-exposed activity; and (c) is not a relevant product for the emissions-intensive trade-exposed activity of production of coke oven coke. (4) For the production of lime, the electricity baseline for calculating the amount of a liable entity’s exemption is 0.0405 MWh per tonne of lime on a dry weight basis that: (a) meets the necessary requirements for use in the integrated iron and steel manufacturing process; and (b) is produced as part of carrying on the emissions-intensive trade-exposed activity; and (c) is not a relevant product for the emissions-intensive trade-exposed activity of production of lime. (5) For the production of either or both of continuously cast carbon steel products and ingots of carbon steel, the electricity baseline for calculating the amount of a liable entity’s exemption is 0.145 MWh per tonne of either or both of continuously cast carbon steel products and ingots of carbon steel that: (a) are produced as part of carrying on the emissions-intensive trade-exposed activity; and 190 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Integrated iron and steel manufacturing Part 20 Electricity baseline for calculating exemption Division 3 Clause 658 (b) are not a relevant product for the emissions-intensive trade-exposed activity of the manufacture of carbon steel from cold ferrous feed; and (c) are of a saleable quality. Note 1: Carbon steel and relevant product are defined in regulation 22A. Note 2: Saleable quality is defined in regulation 22C. (6) For the production of hot-rolled carbon steel products that are long products, the electricity baseline for calculating the amount of a liable entity’s exemption is 0.133 MWh per tonne of long products of hot-rolled carbon steel that: (a) is in coils or straight lengths; and (b) is generally produced in rod, bar and structural (section) mills; and (c) generally has a cross sectional shape such as I, T, Y, U, V, H, C, L, square, rectangular, round, flat, hexagonal, angle, channel, structural beam profile or rail profile; and (d) is produced by carrying on the emissions-intensive trade-exposed activity; and (e) is produced from continuously cast carbon steel products that satisfy the requirements mentioned in subclause (8); and (f) is not a relevant product for the emissions-intensive trade-exposed activity of integrated iron and steel manufacturing that is conducted at a site that is not part of the activity group associated with the activity that is the subject of the application made under subsection 46A(1) of the Act; and (g) is not a relevant product for the emissions-intensive trade-exposed activity of the manufacture of carbon steel from cold ferrous feed; and (h) is of saleable quality. Note 1: Activity group, carbon steel and relevant product are defined in regulation 22A. Note 2: Saleable quality is defined in regulation 22C. (7) For the production of hot-rolled carbon steel products that are flat products, the electricity baseline for calculating the amount of a liable entity’s exemption is 0.116 MWh per tonne of flat products of hot-rolled carbon steel that: (a) is flat in profile, such as plate and hot rolled coil; and (b) is generally produced in hot strip mills and plate mills; and (c) is generally greater than 600 mm in width; and (d) is generally less than 150 mm in thickness; and (e) is produced by carrying on the emissions-intensive trade-exposed activity; and (f) is produced from continuously cast carbon steel products that satisfy the requirements mentioned in subclause (8); and (g) is not a relevant product for the emissions-intensive trade-exposed activity of integrated iron and steel manufacturing that is conducted at a site that is not part of the activity group associated with the activity that is the subject of the application made under subsection 46A(1) of the Act; and (h) is not a relevant product for the emissions-intensive trade-exposed activity of the manufacture of carbon steel from cold ferrous feed; and Renewable Energy (Electricity) Regulations 2001 191 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 20 Integrated iron and steel manufacturing Division 3 Electricity baseline for calculating exemption Clause 658 (i) is of saleable quality. Note 1: Activity group, carbon steel and relevant product are defined in regulation 22A. Note 2: Saleable quality is defined in regulation 22C. (8) For paragraphs (6)(e) and (7)(f), the continuously cast carbon steel products must: (a) be produced as part of carrying on the emissions-intensive trade-exposed activity; or (b) be produced from the activity of integrated iron and steel manufacturing that is conducted at a site that is not part of the activity group associated with the activity that is the subject of the application made under subsection 46A(1) of the Act; or (c) be produced from the activity of manufacture of carbon steel from cold ferrous feed. Note: Activity group and relevant product are defined in regulation 22A. 192 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Manufacture of carbon steel from cold ferrous feed Part 21 Manufacture of carbon steel from cold ferrous feed Division 1 Clause 659 Part 21—Manufacture of carbon steel from cold ferrous feed Division 1—Manufacture of carbon steel from cold ferrous feed 659 Manufacture of carbon steel from cold ferrous feed (1) The manufacture of carbon steel from cold ferrous feed is the physical and chemical transformation of cold ferrous feed (such as ferrous scrap, pig iron and flat iron) by heating and melting into liquid steel and the subsequent casting of the liquid steel to produce 1 or more of the following: (a) continuously cast carbon steel products; (b) ingots of carbon steel; (c) hot-rolled carbon steel products, which commenced hot-rolling at a temperature above 800 °C. (2) The manufacture of carbon steel from cold ferrous feed may also include the physical transformation of continuously cast carbon steel products into hot-rolled carbon steel products which commenced hot-rolling at a temperature above 800 °C where the continuously cast carbon steel products are produced: (a) at a site that: (i) conducts the activity of manufacture of carbon steel from cold ferrous feed; and (ii) is not a site that is part of the activity group associated with the activity that is the subject of the application made under subsection 46A(1) of the Act; or (b) from the activity of integrated iron and steel manufacturing. Note: Activity group is defined in regulation 22A. (3) The manufacture of carbon steel from cold ferrous feed is specified as an emissions-intensive trade-exposed activity. Note: Carbon steel is defined in regulation 22A. Renewable Energy (Electricity) Regulations 2001 193 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 21 Manufacture of carbon steel from cold ferrous feed Division 2 Classification of activity Clause 660 Division 2—Classification of activity 660 Classification of activity The manufacture of carbon steel from cold ferrous feed is a highly emissions-intensive activity. 194 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Manufacture of carbon steel from cold ferrous feed Part 21 Electricity baseline for calculating exemption Division 3 Clause 661 Division 3—Electricity baseline for calculating exemption 661 Electricity baseline for product (1) For the production of either or both of continuously cast carbon steel products and ingots of carbon steel, the electricity baseline for calculating the amount of a liable entity’s exemption is 0.532 MWh per tonne of either or both continuously cast carbon steel products and ingots of carbon steel that: (a) are produced as part of carrying on the emissions-intensive trade-exposed activity; and (b) are not a relevant product for the emissions-intensive trade-exposed activity of integrated iron and steel manufacturing; and (c) are of a saleable quality. Note 1: Carbon steel and relevant product are defined in regulation 22A. Note 2: Saleable quality is defined in regulation 22C. (2) For the production of hot-rolled carbon steel products which are long products, the electricity baseline for calculating the amount of a liable entity’s exemption is 0.133 MWh per tonne of long products of hot-rolled carbon steel that: (a) is in coils or straight lengths; and (b) is generally produced in rod, bar and structural (section) mills; and (c) generally has a cross sectional shape such as I, T, Y, U, V, H, C, L, square, rectangular, round, flat, hexagonal, angle, channel, structural beam profile or rail profile; and (d) is produced by carrying on the emissions-intensive trade-exposed activity; and (e) is produced from continuously cast carbon steel products that satisfy the requirements mentioned in subclause (4); and (f) is not a relevant product for the emissions-intensive trade-exposed activity of manufacture of carbon steel from cold ferrous feed that is conducted at a site that is not part of the activity group associated with the activity that is the subject of the application made under subsection 46A(1) of the Act; and (g) is not a relevant product for the emissions-intensive trade-exposed activity of integrated iron and steel manufacturing; and (h) is of saleable quality. Note 1: Activity group, carbon steel and relevant product are defined in regulation 22A. Note 2: Saleable quality is defined in regulation 22C. (3) For the production of hot-rolled carbon steel products which are flat products, the electricity baseline for calculating the amount of a liable entity’s exemption is 0.116 MWh per tonne of flat products of hot-rolled carbon steel that: (a) is flat in profile, such as plate and hot rolled coil; and (b) is generally produced in hot strip and plate mills; and (c) is generally greater than 600 mm in width; and Renewable Energy (Electricity) Regulations 2001 195 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 21 Manufacture of carbon steel from cold ferrous feed Division 3 Electricity baseline for calculating exemption Clause 661 (d) is generally less than 150 mm in thickness; and (e) is produced by carrying on the emissions-intensive trade-exposed activity; and (f) is produced from continuously cast carbon steel products that satisfy the requirements mentioned in subclause (4); and (g) is not a relevant product for the emissions-intensive trade-exposed activity of manufacture of carbon steel from cold ferrous feed that is conducted at a site that is not part of the activity group associated with the activity that is the subject of the application made under subsection 46A(1) of the Act; and (h) is not a relevant product for the emissions-intensive trade-exposed activity of integrated iron and steel manufacturing; and (i) is of saleable quality. Note 1: Carbon steel is defined in regulation 22A. Note 2: Saleable quality is defined in regulation 22C. (4) For paragraphs (2)(e) and (3)(f), the continuously cast carbon steel products must: (a) be produced as part of carrying on the emissions-intensive trade-exposed activity; or (b) be produced from the activity of manufacture of carbon steel from cold ferrous feed that is conducted at a site that is not part of the activity group associated with the activity that is the subject of the application made under subsection 46A(1) of the Act; or (c) be produced from the activity of integrated iron and steel manufacturing. Note: Activity group and relevant product are defined in regulation 22A. 196 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Petroleum refining Part 22 Petroleum refining Division 1 Clause 662 Part 22—Petroleum refining Division 1—Petroleum refining 662 Petroleum refining (1) Petroleum refining is the chemical and physical transformation of stabilised crude petroleum oil, which may be supplemented with 1 or more of condensate, tallow, vegetable oil, eligible petroleum feedstocks or other petroleum feedstocks, to produce a range of refined petroleum products through the following processes: (a) the distillation of stabilised crude petroleum oil, condensate, tallow, vegetable oil and other petroleum feedstocks; (b) the adjustment of the molecular weight and structure of hydrocarbons (such as that which occurs through catalytic or hydro-cracking, steam or catalytic reforming, polymerisation, isomerisation or alkylation); (c) the blending of products from distillation and adjustment of molecular weight and structure to produce Australian and international standard diesel, jet fuel and unleaded petrol; (d) the production of 2 or more of the following refinery products saleable in Australian or international markets: (i) hydrogen; (ii) ethane; (iii) propane; (iv) refinery grade propylene; (v) polymer grade propylene; (vi) liquefied petroleum gas; (vii) butane; (viii) naphtha; (ix) aviation gasoline; (x) before oxygenate blend; (xi) kerosene; (xii) heating oil; (xiii) solvents; (xiv) lubricant base stocks; (xv) leaded petrol; (xvi) waxes; (xvii) bitumen. Note: Condensate, eligible petroleum feedstocks, stabilised crude petroleum oil and unleaded petrol are defined in regulation 22A. (1A) The activity of petroleum refining only takes place in the application year if: Renewable Energy (Electricity) Regulations 2001 197 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 22 Petroleum refining Division 1 Petroleum refining Clause 662 (a) the application is for the amount of the exemption to be worked out under Division 5 of Part 3A (production calculation method) and subclause (2) applies; or (b) the application is for the amount of the exemption to be worked out under Division 5A of Part 3A (electricity use method) and subclause (2A) applies. (2) For the purposes of paragraph (1A)(a), this subclause applies in relation to the application year if: (a) each of the processes mentioned in paragraphs (1)(a) to (d) are conducted within the relevant financial year for the site; and (b) the combined volume of diesel, jet fuel, unleaded petrol, lubricant base stocks and bitumen at 15°C and 1 atmosphere produced from stabilised crude petroleum oil, condensate, tallow, vegetable oil and eligible petroleum feedstocks is: (i) for a site that does not meet the criteria specified in subregulation 22ZD(3) for a new entrant site and that is not part of an activity group—equal to or greater than 75% of the total kilolitres of stabilised crude petroleum oil, condensate, tallow, vegetable oil and eligible petroleum feedstocks used within the relevant financial year for the site; or (ii) for a site that does not meet the criteria specified in subregulation 22ZD(3) for a new entrant site and that is part of an activity group—equal to or greater than 75% of the total kilolitres of stabilised crude petroleum oil, condensate, tallow, vegetable oil and eligible petroleum feedstocks used within the relevant financial year for the sites that are part of the activity group; or (ii) for a site that does meet the criteria specified in subregulation 22ZD(3) for a new entrant site—is likely to be equal to or greater than 75% of the total kilolitres of stabilised crude petroleum oil, condensate, tallow, vegetable oil and eligible petroleum feedstocks likely to be used within the relevant financial year for the site. Note: Activity group and relevant financial year are defined in regulation 22A. (2A) For the purposes of paragraph (1A)(b), this subclause applies in relation to the application year if: (a) each of the processes mentioned in paragraphs (1)(a) to (d) are conducted within the application year for the site; and (b) the combined volume of diesel, jet fuel, unleaded petrol, lubricant base stocks and bitumen at 15°C and 1 atmosphere produced from stabilised crude petroleum oil, condensate, tallow, vegetable oil and eligible petroleum feedstocks is: (i) for a site that is not part of an activity group—equal to or greater than 75% of the total kilolitres of stabilised crude petroleum oil, condensate, tallow, vegetable oil and eligible petroleum feedstocks likely to be used in the application year for the site; or 198 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Petroleum refining Part 22 Petroleum refining Division 1 Clause 662 (ii) for a site that is part of an activity group—equal to or greater than 75% of the total kilolitres of stabilised crude petroleum oil, condensate, tallow, vegetable oil and eligible petroleum feedstocks likely to be used in the application year for the sites that are part of the activity group. (3) The processes mentioned in paragraphs (1)(a) to (d) are not required to be conducted for every product mentioned in paragraphs (1)(c) and (d) for the activity of petroleum refining to occur in the application year. (4) Petroleum refining is specified as an emissions-intensive trade-exposed activity. (5) For this Part: application year, for an application under subsection 46A(1) of the Act, means the year for which the application is made for under subsection 46A(1) of the Act. Renewable Energy (Electricity) Regulations 2001 199 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 22 Petroleum refining Division 2 Classification of activity Clause 663 Division 2—Classification of activity 663 Classification of activity Petroleum refining is a highly emissions-intensive activity. 200 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Petroleum refining Part 22 Electricity baseline for calculating exemption Division 3 Clause 664 Division 3—Electricity baseline for calculating exemption 664 Electricity baseline for product (1) Subject to subclause (2), the electricity baseline for calculating the amount of a liable entity’s exemption in respect of petroleum refining is 0.0421 MWh per kilolitres of: (a) stabilised crude petroleum oil at 15 °C and 1 atmosphere; and (b) condensate at 15 °C and 1 atmosphere; and (c) tallow at 15 °C and 1 atmosphere; and (d) vegetable oil at 15 °C and 1 atmosphere; and (e) eligible petroleum feedstocks at 15 °C and 1 atmosphere. (2) A substance mentioned in paragraphs (1)(a) to (e) may be used for calculating the amount of a liable entity’s exemption for subclause (1) if the substance is, or is to be, refined: (a) by 1 or both of the processes mentioned in paragraphs 662(1)(a) and (b); and (b) into either of the following: (i) 1 or more petroleum products mentioned in paragraphs662 (1)(c) and (d); (ii) other by-products which result from carrying on the emissions-intensive trade-exposed activity; and (c) in the financial year: (i) that applies, for the purpose of subregulation 22ZB(3), to the application made under subsection 46A(1) of the Act; and (ii) in which the combined volume of diesel, jet fuel, unleaded petrol, lubricant base stocks and bitumen, at 15 °C and 1 atmosphere, produced from substances mentioned in paragraphs (1)(a) to (e) is: (A) for new or expected additional production—likely to be equal to or greater than 75% of the total kilolitres of those substances likely to be used in the financial year; or (B) for production that is not new or expected additional production—equal to or greater than 75% of the total kilolitres of those substances used in the financial year. Note: Condensate, eligible petroleum feedstocks, petroleum oil, stabilised crude and unleaded petrol are defined in regulation 22A. Renewable Energy (Electricity) Regulations 2001 201 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 23 Production of ethene (ethylene) Division 1 Production of ethene (ethylene) Clause 665 Part 23—Production of ethene (ethylene) Division 1—Production of ethene (ethylene) 665 Production of ethene (ethylene) (1) The production of ethene (ethylene) is the chemical transformation of hydrocarbons to produce ethene (ethylene (C2H4)) that has a concentration of ethene (ethylene (C2H4)) equal to or greater than 99%. (2) The production of ethene (ethylene) is specified as an emissions-intensive trade-exposed activity. 202 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of ethene (ethylene) Part 23 Classification of activity Division 2 Clause 666 Division 2—Classification of activity 666 Classification of activity The production of ethene (ethylene) is a highly emissions-intensive activity. Renewable Energy (Electricity) Regulations 2001 203 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 23 Production of ethene (ethylene) Division 3 Electricity baseline for calculating exemption Clause 667 Division 3—Electricity baseline for calculating exemption 667 Electricity baseline for product The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of ethene (ethylene) is 0.275 MWh per tonne of 100% equivalent ethene (ethylene (C2H4)) that is contained within ethene that: (a) has a concentration of ethene (ethylene (C2H4)) equal to or greater than 99%; and (b) is produced by carrying on the emissions-intensive trade-exposed activity; and (c) is of saleable quality. Note: Saleable quality is defined in regulation 22C. 204 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of polyethylene Part 24 Production of polyethylene Division 1 Clause 668 Part 24—Production of polyethylene Division 1—Production of polyethylene 668 Production of polyethylene (1) The production of polyethylene is the chemical transformation of ethene (ethylene (C2H4)) to produce polyethylene with a standard density equal to or greater than 0.910 g/cm3. (2) The production of polyethylene is specified as an emissions-intensive trade-exposed activity. (3) For this Part: standard density, for polyethylene, means the density of polyethylene moulded to a thickness of 1.9 mm using Procedure C of Annex A1 to ASTM D4703, as in force from time to time. Renewable Energy (Electricity) Regulations 2001 205 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 24 Production of polyethylene Division 2 Classification of activity Clause 669 Division 2—Classification of activity 669 Classification of activity The production of polyethylene is a moderately emissions-intensive activity. 206 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of polyethylene Part 24 Electricity baseline for calculating exemption Division 3 Clause 670 Division 3—Electricity baseline for calculating exemption 670 Electricity baseline for product The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of polyethylene is 0.646 MWh per tonne of pelletised polyethylene that: (a) has a standard density equal to or greater than 0.910 g/cm3; and (b) is produced by carrying on the emissions-intensive trade-exposed activity; and (c) is of saleable quality. Note: Saleable quality is defined in regulation 22C. Renewable Energy (Electricity) Regulations 2001 207 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 25 Production of synthetic rutile Division 1 Production of synthetic rutile Clause 671 Part 25—Production of synthetic rutile Division 1—Production of synthetic rutile 671 Production of synthetic rutile (1) The production of synthetic rutile is the chemical transformation of ilmenite ore (ore containing FeTiO3) through the reduction of iron oxides in order to increase the titanium dioxide (TiO2) concentration to produce synthetic rutile that: (a) has a titanium dioxide (TiO2) concentration equal to or greater than 88% and less than 95.5%; and (b) has an iron (Fe) concentration greater than 0.5%. (2) The production of synthetic rutile is specified as an emissions-intensive trade-exposed activity. 208 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of synthetic rutile Part 25 Classification of activity Division 2 Clause 672 Division 2—Classification of activity 672 Classification of activity The production of synthetic rutile is a highly emissions-intensive activity. Renewable Energy (Electricity) Regulations 2001 209 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 25 Production of synthetic rutile Division 3 Electricity baseline for calculating exemption Clause 673 Division 3—Electricity baseline for calculating exemption 673 Electricity baseline for product The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of synthetic rutile is 0.304 MWh per tonne of synthetic rutile that: (a) has a titanium dioxide (TiO2) concentration equal to or greater than 88% and less than 95.5%; and (b) has an iron (Fe) concentration greater than 0.5%; and (c) is produced by carrying on the emissions-intensive trade-exposed activity; and (d) is of saleable quality. Note: Saleable quality is defined in regulation 22C. 210 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of manganese Part 26 Production of manganese Division 1 Clause 674 Part 26—Production of manganese Division 1—Production of manganese 674 Production of manganese (1) The production of manganese is any of the following: (a) the physical and chemical transformation of manganese (Mn) ore into manganese sinter (Mn3O4) that has a concentration of manganese equal to or greater than 40%; (b) the physical and chemical transformation of either or both of manganese ore and manganese sinter into either or both of the following: (i) ferromanganese alloy that has a concentration of manganese equal to or greater than 67%; (ii) silicomanganese alloy that has a concentration of: (A) manganese equal to or greater than 60%; and (B) silicon (Si) equal to or greater than 12%. (2) The production of manganese is specified as an emissions-intensive trade-exposed activity. Renewable Energy (Electricity) Regulations 2001 211 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 26 Production of manganese Division 2 Classification of activity Clause 675 Division 2—Classification of activity 675 Classification of activity The production of manganese is a highly emissions-intensive activity. 212 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of manganese Part 26 Electricity baseline for calculating exemption Division 3 Clause 676 Division 3—Electricity baseline for calculating exemption 676 Electricity baseline for product (1) For the production of manganese sinter, the electricity baseline for calculating the amount of a liable entity’s exemption is 0.0300 MWh per tonne of manganese sinter that: (a) has a concentration of manganese equal to or greater than 40%; and (b) is produced by, or as part of, carrying on the emissions-intensive trade-exposed activity; and (c) is of saleable quality. Note: Saleable quality is defined in regulation 22C. (2) For the production of ferromanganese alloy, the electricity baseline for calculating the amount of a liable entity’s exemption is 2.61 MWh per tonne of ferromanganese alloy that: (a) has a concentration of manganese equal to or greater than 67%; and (b) is produced by carrying on the emissions-intensive trade-exposed activity; and (c) is of saleable quality. Note: Saleable quality is defined in regulation 22C. (3) For the production of silicomanganese alloy, the electricity baseline for calculating the amount of a liable entity’s exemption is 4.31 MWh per tonne of silicomanganese alloy that: (a) has a concentration of manganese equal to or greater than 60%; and (b) has a concentration of silicon (Si) equal to or greater than 12%; and (c) is produced by carrying on the emissions-intensive trade-exposed activity; and (d) is of saleable quality. Note: Saleable quality is defined in regulation 22C. Renewable Energy (Electricity) Regulations 2001 213 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 27 Production of clinker Division 1 Production of clinker Clause 677 Part 27—Production of clinker Division 1—Production of clinker 677 Production of clinker (1) The production of clinker is the physical and chemical transformation of: (a) either or both of calcium carbonate compounds (limestone (CaCO3)) and other calcium carbonate (CaCO3) feedstocks; and (b) any of the following: (i) clay; (ii) clay mixed with 1 or more feedstocks that contain 1 or more of the following: (A) silicon dioxide (SiO2); (B) iron (Fe); (C) aluminium oxide (alumina (Al2O3)); (iii) 1 or more feedstocks that, when combined, contain all of the following: (A) silicon dioxide (SiO2); and (B) iron (Fe); and (C) aluminium oxide (alumina (Al2O3)); that are fused together at a temperature above 1000 °C into Portland cement clinker. (1A) The production process may or may not involve the physical transformation of Portland cement clinker into cement through a process of comminution with gypsum or other additives. However, the process must involve the production of clinker as described in subclause (1). (2) The Portland cement clinker must: (a) have a concentration of calcium silicates equal to or greater than 60%; and (b) have a concentration of magnesium oxide (MgO) equal to or less than 4.5%; and (c) be useable in the making of Portland cement. (3) The production of clinker is specified as an emissions-intensive trade-exposed activity. 214 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of clinker Part 27 Classification of activity Division 2 Clause 678 Division 2—Classification of activity 678 Classification of activity The production of clinker is a highly emissions-intensive activity. Renewable Energy (Electricity) Regulations 2001 215 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 27 Production of clinker Division 3 Electricity baseline for calculating exemption Clause 679 Division 3—Electricity baseline for calculating exemption 679 Electricity baseline for product The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of clinker is 0.1252 MWh per tonne of Portland cement clinker on a dry weight basis that: (a) is produced by carrying on the emissions-intensive trade-exposed activity; and (b) has a concentration of calcium silicates equal to or greater than 60%; and (c) has a concentration of magnesium oxide (MgO) equal to or less than 4.5%; and (d) is useable in the making of Portland cement; and (e) is of saleable quality. Note: Saleable quality is defined in regulation 22C. 216 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of lime Part 28 Production of lime Division 1 Clause 680 Part 28—Production of lime Division 1—Production of lime 680 Production of lime (1) The production of lime is the physical and chemical transformation, through the calcining process, of calcium and magnesium sources (such as calcium carbonate (CaCO3) and magnesium carbonate (MgCO3)) into lime that has a concentration of either or both of calcium oxide (CaO) and magnesium oxide (MgO) equal to or greater than 60%. (2) The production of lime is specified as an emissions-intensive trade-exposed activity. Renewable Energy (Electricity) Regulations 2001 217 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 28 Production of lime Division 2 Classification of activity Clause 681 Division 2—Classification of activity 681 Classification of activity The production of lime is a highly emissions-intensive activity. 218 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of lime Part 28 Electricity baseline for calculating exemption Division 3 Clause 682 Division 3—Electricity baseline for calculating exemption 682 Electricity baseline for product The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of lime is 0.0476 MWh per tonne of lime on a dry weight basis that: (a) has a concentration of either or both of calcium oxide (CaO) and magnesium oxide (MgO) equal to or greater than 60%; and (b) is not a relevant product for the emissions-intensive trade-exposed activity of integrated iron and steel manufacturing; and (c) is produced by carrying on the emissions-intensive trade-exposed activity; and (d) is of saleable quality. Note 1: Relevant product is defined in regulation 22A. Note 2: Saleable quality is defined in regulation 22C. Renewable Energy (Electricity) Regulations 2001 219 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 29 Production of fused alumina Division 1 Production of fused alumina Clause 683 Part 29—Production of fused alumina Division 1—Production of fused alumina 683 Production of fused alumina (1) The production of fused alumina is the physical transformation of alumina (aluminium oxide (Al2O3)) by heating it to its fusion point to produce fused alumina that: (a) has an alpha alumina crystalline structure; and (b) has a concentration of aluminium oxide equal to or greater than 99.0%. (2) The production of fused alumina is specified as an emissions-intensive trade-exposed activity. 220 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of fused alumina Part 29 Classification of activity Division 2 Clause 684 Division 2—Classification of activity 684 Classification of activity The production of fused alumina is a highly emissions-intensive activity. Renewable Energy (Electricity) Regulations 2001 221 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 29 Production of fused alumina Division 3 Electricity baseline for calculating exemption Clause 685 Division 3—Electricity baseline for calculating exemption 685 Electricity baseline for product The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of fused alumina is 2.03 MWh per tonne of fused alumina (aluminium oxide (Al2O3)) that: (a) has an alpha alumina crystalline structure; and (b) has a concentration of aluminium oxide equal to or greater than 99.0%; and (c) is produced by carrying on the emissions-intensive trade-exposed activity; and (d) is of saleable quality. Note: Saleable quality is defined in regulation 22C. 222 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of copper Part 30 Production of copper Division 1 Clause 686 Part 30—Production of copper Division 1—Production of copper 686 Production of copper (1) The production of copper is either or both of the following: (a) the physical and chemical transformation of concentrated mineralised copper compounds into either or both of the following: (i) copper cathode that has a concentration of copper greater than 99.90%; (ii) copper anode that has a concentration of copper: (A) equal to or greater than 99.00%; and (B) equal to or less than 99.90%; (b) the physical and chemical transformation of copper anode into copper cathode that has a concentration of copper greater than 99.90% where the copper anode: (i) has a concentration of copper: (A) equal to or greater than 99.00%; and (B) equal to or less than 99.90%; and (ii) was not produced as part of the transformation in subparagraph (a)(i). (2) For subclause (1), concentrated mineralised copper compounds include: (a) copper sulphide concentrates; and (b) copper electrolyte solution. (3) The production of copper is specified as an emissions-intensive trade-exposed activity. Renewable Energy (Electricity) Regulations 2001 223 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 30 Production of copper Division 2 Classification of activity Clause 687 Division 2—Classification of activity 687 Classification of activity The production of copper is a highly emissions-intensive activity. 224 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of copper Part 30 Electricity baseline for calculating exemption Division 3 Clause 688 Division 3—Electricity baseline for calculating exemption 688 Electricity baseline for product (1) For the production of copper cathode from concentrated mineralised copper compounds, the electricity baseline for calculating the amount of a liable entity’s exemption is 1.69 MWh per tonne of copper cathode that: (a) has a concentration of copper greater than 99.90%; and (b) is produced by carrying on the emissions-intensive trade-exposed activity; and (c) is not transformed into copper cathode as part of the transformation mentioned in paragraph 686(1)(b); and (d) is of saleable quality. Note: Saleable quality is defined in regulation 22C. (2) For the production of copper anode from concentrated mineralised copper compounds, the electricity baseline for calculating the amount of a liable entity’s exemption is 1.31 MWh per tonne of copper anode that: (a) has a concentration of copper: (i) equal to or greater than 99.00%; and (ii) equal to or less than 99.90%; and (b) is produced by carrying on the emissions-intensive trade-exposed activity; and (c) is not subsequently transformed into copper cathode as part of the transformation mentioned in subparagraph 686(1)(a)(i); and (d) is of saleable quality. Note: Saleable quality is defined in regulation 22C. (3) For the production of copper cathode from copper anode, the electricity baseline for calculating the amount of a liable entity’s exemption is 0.387 MWh per tonne of copper cathode that: (a) has a concentration of copper equal to or greater than 99.90%; and (b) is produced from copper anode that was not produced as part of the transformation mentioned in subparagraph 686(1)(a)(i); and (c) is produced by carrying on the emissions-intensive trade-exposed activity; and (d) is of saleable quality. Note: Saleable quality is defined in regulation 22C. Renewable Energy (Electricity) Regulations 2001 225 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 31 Production of carbamide (urea) Division 1 Production of carbamide (urea) Clause 689 Part 31—Production of carbamide (urea) Division 1—Production of carbamide (urea) 689 Production of carbamide (urea) (1) The production of carbamide (urea (CO(NH2)2)) is the chemical transformation of carbon dioxide (CO2) and anhydrous ammonia (NH3) to produce carbamide solution (urea (CO(NH2)2(aq))) that: (a) has a concentration of carbamide (urea (CO(NH2)2)) equal to or greater than 80%; and (b) is subsequently used to produce either or both of: (i) carbamide solutions (urea (CO(NH2) 2(aq))); and (ii) saleable granulated, prilled or other solid forms of carbamide (urea (CO(NH2) 2(s))). (2) The production of carbamide (urea) is specified as an emissions-intensive trade-exposed activity. 226 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of carbamide (urea) Part 31 Classification of activity Division 2 Clause 690 Division 2—Classification of activity 690 Classification of activity The production of carbamide (urea) is a moderately emissions-intensive activity. Renewable Energy (Electricity) Regulations 2001 227 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 31 Production of carbamide (urea) Division 3 Electricity baseline for calculating exemption Clause 691 Division 3—Electricity baseline for calculating exemption 691 Electricity baseline for product The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of carbamide (urea) is 0.285 MWh per tonne of 100% equivalent carbamide (urea (CO(NH2)2)) on a dry weight basis that is: (a) contained within either of the following products: (i) carbamide solutions (urea (CO(NH2)2(aq))); (ii) saleable, granulated, prilled or other solid forms of carbamide (urea (CO(NH2)2(s))); and (b) produced by carrying on the emissions-intensive trade exposed activity; and (c) of saleable quality. Note: Saleable quality is defined in regulation 22C. 228 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of sodium carbonate (soda ash) and sodium bicarbonate Part 32 Production of sodium carbonate (soda ash) and sodium bicarbonate Division 1 Clause 692 Part 32—Production of sodium carbonate (soda ash) and sodium bicarbonate Division 1—Production of sodium carbonate (soda ash) and sodium bicarbonate 692 Production of sodium carbonate (soda ash) and sodium bicarbonate (1) The production of sodium carbonate (soda ash) and sodium bicarbonate is the chemical and physical transformation of calcium carbonate (CaCO3), sodium chloride (salt (NaCl)), ammonia (NH3) and carbon bearing materials (such as coke) into 1 or more of the following: (a) light sodium carbonate (light soda ash (Na2CO3)) which has a concentration of sodium carbonate (soda ash (Na2CO3)) equal to or greater than 98.0%; (b) dense sodium carbonate (dense soda ash (Na2CO3)) which has a concentration of sodium carbonate (soda ash (Na2CO3)) equal to or greater than 97.5%; (c) refined sodium bicarbonate (NaHCO3) which has a concentration of sodium bicarbonate (NaHCO3) equal to or greater than 95.0%. (2) The production of sodium carbonate (soda ash) and sodium bicarbonate is specified as an emissions-intensive trade exposed activity. Renewable Energy (Electricity) Regulations 2001 229 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 32 Production of sodium carbonate (soda ash) and sodium bicarbonate Division 2 Classification of activity Clause 693 Division 2—Classification of activity 693 Classification of activity The production of sodium carbonate (soda ash) and sodium bicarbonate is a highly emissions-intensive activity. 230 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of sodium carbonate (soda ash) and sodium bicarbonate Part 32 Electricity baseline for calculating exemption Division 3 Clause 694 Division 3—Electricity baseline for calculating exemption 694 Electricity baseline for product The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of sodium carbonate (soda ash) and sodium bicarbonate is 0.130 MWh per tonne of 1 or more of the following: (a) light sodium carbonate (light soda ash (Na2CO3)) that: (i) has a concentration of sodium carbonate (soda ash (Na2CO3)) equal to or greater than 98.0%; and (ii) is produced by carrying on the emissions-intensive trade-exposed activity; and (iii) is of saleable quality; (b) dense sodium carbonate (dense soda ash (Na2CO3)) that: (i) has a concentration of sodium carbonate (soda ash (Na2CO3)) equal to or greater than 97.5%; and (ii) is produced by carrying on the emissions-intensive trade-exposed activity; and (iii) is of saleable quality; (c) refined sodium bicarbonate (NaHCO3) that: (i) has a concentration of sodium bicarbonate (NaHCO3) equal to or greater than 95.0%; and (ii) is produced by carrying on the emissions-intensive trade-exposed activity; and (iii) is of saleable quality. Note: Saleable quality is defined in regulation 22C. Renewable Energy (Electricity) Regulations 2001 231 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 33 Production of ammonia Division 1 Production of ammonia Clause 695 Part 33—Production of ammonia Division 1—Production of ammonia 695 Production of ammonia The production of ammonia is the chemical transformation of hydrocarbons (or other hydrogen feedstock) to hydrogen (H2) that is subsequently reacted with nitrogen (N2) to produce anhydrous ammonia (NH3) that has a concentration of ammonia (NH3) equal to or greater than 98%. 232 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of ammonia Part 33 Classification of activity Division 2 Clause 696 Division 2—Classification of activity 696 Classification of activity The production of ammonia is a highly emissions-intensive activity. Renewable Energy (Electricity) Regulations 2001 233 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 33 Production of ammonia Division 3 Electricity baseline for calculating exemption Clause 697 Division 3—Electricity baseline for calculating exemption 697 Electricity baseline for product The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of ammonia is 0.224 MWh per tonne of 100% equivalent anhydrous ammonia (NH3) contained within anhydrous ammonia that: (a) has a concentration of ammonia equal to or greater than 98%; and (b) is produced by carrying on the emissions-intensive trade-exposed activity; and (c) is of saleable quality. Note: Saleable quality is defined in regulation 22C 234 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of ammonium nitrate Part 34 Production of ammonium nitrate Division 1 Clause 698 Part 34—Production of ammonium nitrate Division 1—Production of ammonium nitrate 698 Production of ammonium nitrate The production of ammonium nitrate is the chemical transformation of anhydrous ammonia (NH3) to ammonium nitrate solution (NH4NO3(aq)) that has a concentration of ammonium nitrate (NH4NO3) equal to or greater than 60%. Renewable Energy (Electricity) Regulations 2001 235 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 34 Production of ammonium nitrate Division 2 Classification of activity Clause 699 Division 2—Classification of activity 699 Classification of activity The production of ammonium nitrate is a highly emissions-intensive activity. 236 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of ammonium nitrate Part 34 Electricity baseline for calculating exemption Division 3 Clause 700 Division 3—Electricity baseline for calculating exemption 700 Electricity baseline for product The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of ammonium nitrate is 0.114 MWh per tonne of 100% equivalent ammonium nitrate (NH4NO3) contained within ammonium nitrate solution (NH4NO3(aq)) that: (a) has a concentration of ammonium nitrate (NH4NO3) equal to or greater than 60%; and (b) is produced by carrying on the emissions-intensive trade-exposed activity; and (c) is of saleable quality. Note: Saleable quality is defined in regulation 22C Renewable Energy (Electricity) Regulations 2001 237 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 35 Production of chlorine gas and sodium hydroxide (caustic soda) solution Division 1 Production of chlorine gas and sodium hydroxide (caustic soda) solution Clause 701 Part 35—Production of chlorine gas and sodium hydroxide (caustic soda) solution Division 1—Production of chlorine gas and sodium hydroxide (caustic soda) solution 701 Production of chlorine gas and sodium hydroxide (caustic soda) solution (1) The production of chlorine gas and sodium hydroxide solution (caustic soda solution (NaOH(aq))) is the chemical transformation of sodium chloride solution (NaCl(aq)) brine to chlorine (Cl2(1,g)) and sodium hydroxide solution (caustic soda solution (NaOH(aq))) that has a concentration of sodium hydroxide (NaOH) equal to or greater than 14%. (2) The production of sodium hydroxide (NaOH) must be 1:1.13 times the produced weight of chlorine (Cl2). (3) The following chemical reaction must be involved in the chemical transformation: 2NaClaq + 2H2Ol  2NaOHaq + Cl2g + H2g . 238 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of chlorine gas and sodium hydroxide (caustic soda) solution Part 35 Classification of activity Division 2 Clause 702 Division 2—Classification of activity 702 Classification of activity The production of chlorine gas and sodium hydroxide solution (caustic soda solution (NaOH(aq))) is a highly emissions-intensive activity. Renewable Energy (Electricity) Regulations 2001 239 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 35 Production of chlorine gas and sodium hydroxide (caustic soda) solution Division 3 Electricity baseline for calculating exemption Clause 703 Division 3—Electricity baseline for calculating exemption 703 Electricity baseline for product The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of chlorine gas and sodium hydroxide solution (caustic soda solution (NaOH(aq))) is 2.67 MWh per tonne of 100% equivalent sodium hydroxide (caustic soda (NaOH)) on a dry weight basis that: (a) is not recycled back into the emissions-intensive trade-exposed activity (such as a stream of sodium hydroxide solution (caustic soda solution NaOH(aq)) recycled back into the chemical treatment step); and (b) is contained within the sodium hydroxide solution produced by carrying on the emissions-intensive trade-exposed activity. 240 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of fused zirconia Part 36 Production of fused zirconia Division 1 Clause 704 Part 36—Production of fused zirconia Division 1—Production of fused zirconia 704 Production of fused zirconia The production of fused zirconia is the physical and chemical transformation of zircon (ZrSiO4) by: (a) the removal of silica (silicon dioxide (SiO2)) using a reductant such as carbon; and (b) heating the zircon to its fusion point; to produce fused zirconia (zirconium dioxide (ZrO2)) that has a concentration of zirconium dioxide (ZrO2) equal to or greater than 96%. Renewable Energy (Electricity) Regulations 2001 241 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 36 Production of fused zirconia Division 2 Classification of activity Clause 705 Division 2—Classification of activity 705 Classification of activity The production of fused zirconia is a highly emissions-intensive activity. 242 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of fused zirconia Part 36 Electricity baseline for calculating exemption Division 3 Clause 706 Division 3—Electricity baseline for calculating exemption 706 Electricity baseline for product The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of fused zirconia is 6.07 MWh per tonne of fused zirconia (zirconium dioxide (ZrO2)) that: (a) has a concentration of zirconium dioxide (ZrO2) equal to or greater than 96%; and (b) is produced by carrying on the emissions-intensive trade-exposed activity; and (c) is of saleable quality. Note: Saleable quality is defined in regulation 22C Renewable Energy (Electricity) Regulations 2001 243 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 37 Production of iron ore pellets Division 1 Production of iron ore pellets Clause 707 Part 37—Production of iron ore pellets Division 1—Production of iron ore pellets 707 Production of iron ore pellets The production of iron ore pellets is the physical and chemical transformation of iron ore to produce saleable iron ore pellets that are for the production of steel and that have: (a) a concentration of iron (Fe) equal to or greater than 63%; and (b) a concentration of alumina (aluminium oxide (Al2O3)) equal to or less than 2%; and (c) a concentration of silicon dioxide (silica (SiO2)) equal to or less than 7%; and (d) an average diameter of between 9 and 16 millimetres. 244 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of iron ore pellets Part 37 Classification of activity Division 2 Clause 708 Division 2—Classification of activity 708 Classification of activity The production of iron ore pellets is a moderately emissions-intensive activity. Renewable Energy (Electricity) Regulations 2001 245 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 37 Production of iron ore pellets Division 3 Electricity baseline for calculating exemption Clause 709 Division 3—Electricity baseline for calculating exemption 709 Electricity baseline for product The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of iron ore pellets is 0.0498 MWh per tonne of iron ore pellets on a dry weight basis that: (a) have a concentration of iron (Fe) equal to or greater than 63%; and (b) have a concentration of alumina (aluminium oxide (Al2O3)) equal to or less than 2%; and (c) have a concentration of silicon dioxide (silica (SiO2)) equal to or less than 7%; and (d) have an average diameter of between 9 and 16 millimetres; and (e) are not a relevant product for the emissions-intensive trade-exposed activity of integrated iron and steel manufacturing; and (f) are produced by carrying on the emissions-intensive trade-exposed activity; and (g) are of saleable quality. Note 1: Relevant product is defined in regulation 22A. Note 2: Saleable quality is defined in regulation 22C 246 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of liquefied natural gas Part 38 Production of liquefied natural gas Division 1 Clause 710 Part 38—Production of liquefied natural gas Division 1—Production of liquefied natural gas 710 Production of liquefied natural gas The production of liquefied natural gas is the physical transformation of natural gas (in a gaseous state) into liquefied natural gas that has a concentration of methane (CH4) equal to or greater than 70%. Renewable Energy (Electricity) Regulations 2001 247 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 38 Production of liquefied natural gas Division 2 Classification of activity Clause 711 Division 2—Classification of activity 711 Classification of activity The production of liquefied natural gas is a moderately emissions-intensive activity. 248 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of liquefied natural gas Part 38 Electricity baseline for calculating exemption Division 3 Clause 712 Division 3—Electricity baseline for calculating exemption 712 Electricity baseline for product The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of liquefied natural gas is 0.0640 MWh per tonne of liquefied natural gas that: (a) has a concentration of methane (CH4) equal to or greater than 70%; and (b) is produced as part of carrying on the emissions-intensive trade-exposed activity; and (c) is transported (either as a gas or liquid) away from the facility where the natural gas was liquefied and not taken back to that facility. Note: A tonne of liquefied natural gas transported away from the facility does not include any liquefied natural gas that is transferred to the transportation vessel but boils off and returns to the facility. Renewable Energy (Electricity) Regulations 2001 249 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 39 Production of magnetite concentrate Division 1 Production of magnetite concentrate Clause 713 Part 39—Production of magnetite concentrate Division 1—Production of magnetite concentrate 713 Production of magnetite concentrate The production of magnetite concentrate is the physical transformation of magnetite ore (ore containing Fe3O4 that has a key property of ferrimagnetism) to produce saleable magnetite (Fe3O4) concentrate that: (a) has a concentration of iron (Fe) equal to or greater than 60% of the concentrate on a dry weight basis; and (b) has a particle size of less than 75 microns for at least 80% of the concentrate. Note: Ferrimagnetism is ions of iron (Fe2+ and Fe3+) spontaneously aligning in the sublattice of a crystalline solid to produce a net magnetic moment that is observed as permanent magnetisation of the solid at normal room temperature. 250 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of magnetite concentrate Part 39 Classification of activity Division 2 Clause 714 Division 2—Classification of activity 714 Classification of activity The production of magnetite concentrate is a moderately emissions-intensive activity. Renewable Energy (Electricity) Regulations 2001 251 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 39 Production of magnetite concentrate Division 3 Electricity baseline for calculating exemption Clause 715 Division 3—Electricity baseline for calculating exemption 715 Electricity baseline for product The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of magnetite concentrate is 0.0826 MWh per tonne of 100% equivalent iron (Fe) contained within magnetite (Fe3O4) concentrate that: (a) has a concentration of iron (Fe) equal to or greater than 60% of the concentrate on a dry weight basis; and (b) has a particle size of less than 75 microns for at least 80% of the concentrate; and (c) is produced by carrying on the emissions-intensive trade-exposed activity; and (ca) is not a relevant product for the emissions-intensive trade-exposed activity of the production of ferrovanadium; and (d) is of saleable quality. Note: Saleable quality is defined in regulation 22C. 252 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of glass beads Part 40 Production of glass beads Division 1 Clause 716 Part 40—Production of glass beads Division 1—Production of glass beads 716 Production of glass beads The production of glass beads is the physical and chemical transformation of either or both of the following: (a) recycled materials (such as cullet); (b) all of the following: (i) silicon dioxide (SiO2, silica); (ii) sodium carbonate (Na2CO3, soda ash); (iii) any other raw materials; through a crushing, sieving and firing process into saleable, solid, spherical glass beads where the refractive index is at least 1.50 and the size is smaller than 2 millimetres. Renewable Energy (Electricity) Regulations 2001 253 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 40 Production of glass beads Division 2 Classification of activity Clause 717 Division 2—Classification of activity 717 Classification of activity The production of glass beads is a highly emissions-intensive activity. 254 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of glass beads Part 40 Electricity baseline for calculating exemption Division 3 Clause 718 Division 3—Electricity baseline for calculating exemption 718 Electricity baseline for product The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of solid glass beads is 0.400 MWh per tonne of solid glass beads on a dry weight basis that: (a) have a refractive index of at least 1.50; and (b) have a size smaller than 2 millimetres; and (c) are produced by carrying on the emissions-intensive trade-exposed activity; and (d) are of saleable quality. Note: Saleable quality is defined in regulation 22C. Renewable Energy (Electricity) Regulations 2001 255 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 41 Production of sodium silicate glass Division 1 Production of sodium silicate glass Clause 719 Part 41—Production of sodium silicate glass Division 1—Production of sodium silicate glass 719 Production of sodium silicate glass The production of sodium silicate glass is the physical and chemical transformation of silicon dioxide (SiO2, silica) and sodium carbonate (Na2CO3, soda ash) into saleable sodium silicate glass where the concentration of sodium silicate (Na2SiO3) is at least 99% with respect to mass. 256 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of sodium silicate glass Part 41 Classification of activity Division 2 Clause 720 Division 2—Classification of activity 720 Classification of activity The production of sodium silicate glass is a highly emissions-intensive activity. Renewable Energy (Electricity) Regulations 2001 257 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 41 Production of sodium silicate glass Division 3 Electricity baseline for calculating exemption Clause 721 Division 3—Electricity baseline for calculating exemption 721 Electricity baseline for product The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of sodium silicate glass is 0.0205 MWh per tonne of sodium silicate glass on a dry weight basis that: (a) has a concentration of sodium silicate (Na2SiO3) that is at least 99% with respect to mass; and (b) is produced by carrying on the emissions-intensive trade-exposed activity; and (c) is of saleable quality. Note: Saleable quality is defined in regulation 22C. 258 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of polymer grade propene (polymer grade propylene) Part 42 Production of polymer grade propene (polymer grade propylene) Division 1 Clause 722 Part 42—Production of polymer grade propene (polymer grade propylene) Division 1—Production of polymer grade propene (polymer grade propylene) 722 Production of polymer grade propene (polymer grade propylene) The production of polymer grade propene (C3H6, polymer grade propylene) is the physical transformation of hydrocarbons that have a concentration of propene (C3H6, propylene) between 45% and 85% with respect to mass (inclusive) to polymer grade propene (polymer grade propylene) that has a concentration of propene (propylene) of at least 98% with respect to mass. Renewable Energy (Electricity) Regulations 2001 259 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 42 Production of polymer grade propene (polymer grade propylene) Division 2 Classification of activity Clause 723 Division 2—Classification of activity 723 Classification of activity The production of polymer grade propene (C3H6, polymer grade propylene) is a highly emissions-intensive activity. 260 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of polymer grade propene (polymer grade propylene) Part 42 Electricity baseline for calculating exemption Division 3 Clause 724 Division 3—Electricity baseline for calculating exemption 724 Electricity baseline for product The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of polymer grade propene (C3H6, polymer grade propylene) is 0.220 MWh per tonne of 100% equivalent propene contained within polymer grade propene (C3H6, propylene) that: (a) has a concentration of propene that is at least 98% with respect to mass; and (b) is produced by carrying on the emissions-intensive trade-exposed activity. Renewable Energy (Electricity) Regulations 2001 261 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 43 Production of rolled aluminium Division 1 Production of rolled aluminium Clause 725 Part 43—Production of rolled aluminium Division 1—Production of rolled aluminium 725 Production of rolled aluminium The production of rolled aluminium is the chemical and physical transformation of either or both of primary aluminium metal and secondary aluminium metal with alloying metals into coiled aluminium sheet of saleable quality with a concentration of aluminium of at least 90% with respect to mass, and with a thickness no more than 6 millimetres. 262 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of rolled aluminium Part 43 Classification of activity Division 2 Clause 726 Division 2—Classification of activity 726 Classification of activity The production of rolled aluminium is a highly emissions-intensive activity. Renewable Energy (Electricity) Regulations 2001 263 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 43 Production of rolled aluminium Division 3 Electricity baseline for calculating exemption Clause 727 Division 3—Electricity baseline for calculating exemption 727 Electricity baseline for product The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of rolled aluminium is 0.982 MWh per tonne of coiled aluminium sheet that: (a) has a concentration of aluminium of at least 90% with respect to mass; and (b) has a thickness no more than 6 millimetres measured after the finishing process is complete; and (c) is produced by carrying on the emissions-intensive trade-exposed activity; and (d) is of saleable quality. Note: Saleable quality is defined in regulation 22C. 264 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Manufacture of reconstituted wood-based panels Part 44 Manufacture of reconstituted wood-based panels Division 1 Clause 728 Part 44—Manufacture of reconstituted wood-based panels Division 1—Manufacture of reconstituted wood-based panels 728 Manufacture of reconstituted wood-based panels The manufacture of reconstituted wood-based panels is the physical and chemical transformation of wood, including wood particles and residues (such as chips, shavings and sawdust) into a reconstituted wood-based panel that: (a) has a density of greater than 500 kg a cubic metre; and (b) has individual wood particles or fibres with an average maximum dimension of no more than 30 mm. Examples of reconstituted wood-based panels are particleboard and medium density fibreboard. Renewable Energy (Electricity) Regulations 2001 265 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 44 Manufacture of reconstituted wood-based panels Division 2 Classification of activity Clause 729 Division 2—Classification of activity 729 Classification of activity The manufacture of reconstituted wood-based panels is a moderately emissions-intensive activity. 266 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Manufacture of reconstituted wood-based panels Part 44 Electricity baseline for calculating exemption Division 3 Clause 730 Division 3—Electricity baseline for calculating exemption 730 Electricity baseline for product The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the manufacture of reconstituted wood-based panels is 0.372 MWh per tonne of raw reconstituted wood-based panel that: (a) has a density of greater than 500 kg a cubic metre; and (b) has individual wood particles or fibres with an average maximum dimension of no more than 30 mm; and (c) is produced by carrying on the emissions-intensive trade-exposed activity; and (d) is of saleable quality. Note: Saleable quality is defined in regulation 22C. Renewable Energy (Electricity) Regulations 2001 267 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 45 Production of coke oven coke Division 1 Production of coke oven coke Clause 731 Part 45—Production of coke oven coke Division 1—Production of coke oven coke 731 Production of coke oven coke The production of coke oven coke is the physical and chemical transformation (at a temperature higher than 900 °C) of coal into coke oven coke that: (a) has a coke strength after reaction (CSR) value of at least 50% for at least 80% of the coke oven coke produced; and (b) has a coke reactivity index (CRI) value of no more than 40% for at least 80% of the coke oven coke produced. 268 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of coke oven coke Part 45 Classification of activity Division 2 Clause 732 Division 2—Classification of activity 732 Classification of activity The production of coke oven coke is a highly emissions-intensive activity. Renewable Energy (Electricity) Regulations 2001 269 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 45 Production of coke oven coke Division 3 Electricity baseline for calculating exemption Clause 733 Division 3—Electricity baseline for calculating exemption 733 Electricity baseline for product The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of coke oven coke is 0.0109 MWh per tonne of coke oven coke on a dry weight basis that: (a) has a coke strength after reaction (CSR) value of at least 50% for at least 80% of the coke oven coke produced; and (b) has a coke reactivity index (CRI) value of no more than 40% for at least 80% of the coke oven coke produced; and (c) is not a relevant product for the emissions-intensive trade-exposed activity of integrated iron and steel manufacturing; and (d) is produced by carrying on the emissions-intensive trade-exposed activity; and (e) is of saleable quality. Note: Saleable quality is defined in regulation 22C. 270 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of hydrogen peroxide Part 46 Production of hydrogen peroxide Division 1 Clause 734 Part 46—Production of hydrogen peroxide Division 1—Production of hydrogen peroxide 734 Production of hydrogen peroxide The production of hydrogen peroxide is the chemical transformation of hydrogen (H) feedstocks and oxygen (O) feedstocks: (a) to produce crude aqueous hydrogen peroxide solution that has a concentration of hydrogen peroxide (H2O2(aq)) of at least 39% with respect to mass; and (b) to later produce saleable aqueous hydrogen peroxide solution that has a concentration of hydrogen peroxide (H2O2(aq)) of at least 34% with respect to mass. Renewable Energy (Electricity) Regulations 2001 271 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 46 Production of hydrogen peroxide Division 2 Classification of activity Clause 735 Division 2—Classification of activity 735 Classification of activity The production of hydrogen peroxide is a moderately emissions-intensive activity. 272 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of hydrogen peroxide Part 46 Electricity baseline for calculating exemption Division 3 Clause 736 Division 3—Electricity baseline for calculating exemption 736 Electricity baseline for product The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of hydrogen peroxide is 0.858 MWh per tonne of 100% equivalent hydrogen peroxide in saleable aqueous hydrogen peroxide solution that: (a) has a concentration of hydrogen peroxide (H2O2(aq)) of at least 34% with respect to mass; and (b) is produced by carrying on the emissions-intensive trade-exposed activity; and (c) is of saleable quality. Note: Saleable quality is defined in regulation 22C. Renewable Energy (Electricity) Regulations 2001 273 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 47 Production of ceramic floor and wall tiles Division 1 Production of ceramic floor and wall tiles Clause 737 Part 47—Production of ceramic floor and wall tiles Division 1—Production of ceramic floor and wall tiles 737 Production of ceramic floor and wall tiles The production of ceramic floor and wall tiles is the physical and chemical transformation of raw clay and other raw materials, such as feldspar and quartz, into saleable ceramic floor and wall tiles that conform to ISO 13006:2012 (issued by the International Organization for Standardization), or an equivalent standard, as in force when the tiles are produced. Note: ISO 13006:2012 is published at www.iso.org. 274 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of ceramic floor and wall tiles Part 47 Classification of activity Division 2 Clause 738 Division 2—Classification of activity 738 Classification of activity The production of ceramic floor and wall tiles is a moderately emissions-intensive activity. Renewable Energy (Electricity) Regulations 2001 275 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 47 Production of ceramic floor and wall tiles Division 3 Electricity baseline for calculating exemption Clause 739 Division 3—Electricity baseline for calculating exemption 739 Electricity baseline for product The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of ceramic floor and wall tiles is 0.221 MWh per tonne of ceramic floor and wall tiles that: (a) conform to ISO 13006:2012; and (b) are produced by carrying on the emissions-intensive trade-exposed activity; and (c) are of saleable quality. Note: Saleable quality is defined in regulation 22C. 276 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of nickel Part 48 Production of nickel Division 1 Clause 740 Part 48—Production of nickel Division 1—Production of nickel 740 Production of nickel (1) The production of nickel is the chemical and physical transformation of either or both of: (a) nickel bearing inputs into intermediate nickel products, primary nickel products or cobalt products; (b) intermediate nickel products into primary nickel products or cobalt products. (2) In this Part: cobalt products means: (a) cobalt hydroxide (Co(OH)2) or cobalt oxyhydroxide (CoOOH) where the concentration of cobalt is at least 65% with respect to mass, measured on a dry weight basis; and (b) cobalt (Co) where the concentration of cobalt is at least 99% cobalt with respect to mass, measured on a dry weight basis. intermediate nickel products means the following outputs of saleable quality from a nickel production process that are suitable for further refining: (a) nickel matte where the concentration of nickel is at least 64% nickel with respect to mass, measured on a dry weight basis; (b) mixed nickel-cobalt hydroxide precipitate where the concentration of nickel is between 35% and 47% with respect to mass, measured on a dry weight basis; (c) basic nickel carbonate (Ni3(CO3)(OH)4) where the concentration of nickel is between 40% and 45% with respect to mass, measured on a dry weight basis; (d) nickel sulphide concentrate (NiS) where the concentration of nickel is between 6.5% and 29% with respect to mass, measured on a dry weight basis. nickel bearing inputs means mineralised nickel ores and low grade nickel waste products that require equivalent processing to mineralised nickel ores to produce intermediate or primary nickel products. primary nickel products means: (a) basic nickel carbonate (Ni3(CO3)(OH)4) where the concentration of nickel is at least 50% nickel with respect to mass, measured on a dry weight basis; and (b) nickel oxide (NiO) where the concentration of nickel is at least 78% nickel with respect to mass, measured on a dry weight basis; and Renewable Energy (Electricity) Regulations 2001 277 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 48 Production of nickel Division 1 Production of nickel Clause 740 (c) nickel (Ni) where the concentration of nickel is at least 98% nickel with respect to mass, measured on a dry weight basis. 278 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of nickel Part 48 Classification of activity Division 2 Clause 741 Division 2—Classification of activity 741 Classification of activity The production of nickel is a moderately emissions-intensive activity. Renewable Energy (Electricity) Regulations 2001 279 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 48 Production of nickel Division 3 Electricity baseline for calculating exemption Clause 742 Division 3—Electricity baseline for calculating exemption 742 Electricity baseline for product (1) The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of nickel is the following: (a) 9.29 MWh per tonne of 100% equivalent nickel, measured on a dry weight basis, contained in primary nickel products produced from nickel bearing inputs; (b) 6.45 MWh per tonne of 100% equivalent nickel, measured on a dry weight basis, contained in intermediate nickel products produced from nickel bearing inputs that are not subsequently transformed into primary nickel products at the same facility; (c) 2.84 MWh per tonne of 100% equivalent nickel, measured on a dry weight basis, contained in primary nickel products produced from intermediate nickel products that have not been produced at the same facility; (d) 8.89 MWh per tonne of 100% equivalent cobalt, measured on a dry weight basis, contained in cobalt products. (2) The production of nickel mentioned in subclause (1) is nickel that: (a) is produced by carrying on the emissions-intensive trade-exposed activity; and (b) is of saleable quality. Note: Saleable quality is defined in regulation 22C. 280 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of helium Part 49 Production of helium Division 1 Clause 743 Part 49—Production of helium Division 1—Production of helium 743 Production of helium The production of helium is the chemical and physical transformation of a gas mixture that has a mole fraction of helium of no more than 10% to a product with a mole fraction of helium of at least 99%. Renewable Energy (Electricity) Regulations 2001 281 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 49 Production of helium Division 2 Classification of activity Clause 744 Division 2—Classification of activity 744 Classification of activity The production of helium is a moderately emissions-intensive activity. 282 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of helium Part 49 Electricity baseline for calculating exemption Division 3 Clause 745 Division 3—Electricity baseline for calculating exemption 745 Electricity baseline for product The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of helium is 36.5 MWh per tonne of 100% equivalent helium that: (a) is produced by carrying on the emissions-intensive trade-exposed activity; and (b) is of saleable quality. Note: Saleable quality is defined in regulation 22C. Renewable Energy (Electricity) Regulations 2001 283 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 50 Production of dried distillers grains with solubles Division 1 Production of dried distillers grains with solubles Clause 746 Part 50—Production of dried distillers grains with solubles Division 1—Production of dried distillers grains with solubles 746 Production of dried distillers grains with solubles The production of dried distillers grains with solubles is the physical and chemical transformation of either or both of: (a) condensed distillers solubles with a moisture content equal to or more than 55%; (b) wet distillers grains with a moisture content equal to or more than 60%; into dried distillers grains with solubles of saleable quality with a moisture content equal to or less than 12% and a protein content equal to or more than 20% (on a dry solids basis). 284 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of dried distillers grains with solubles Part 50 Classification of activity Division 2 Clause 747 Division 2—Classification of activity 747 Classification of activity The production of dried distillers grains with solubles is a highly emissions-intensive activity. Renewable Energy (Electricity) Regulations 2001 285 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 50 Production of dried distillers grains with solubles Division 3 Electricity baseline for calculating exemption Clause 748 Division 3—Electricity baseline for calculating exemption 748 Electricity baseline for product The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of dried distillers grains with solubles is 0.0785 MWh per tonne of dried distillers grains with solubles that: (a) is produced by carrying on the emissions-intensive trade-exposed activity; and (b) is of saleable quality. Note: Saleable quality is defined in regulation 22C. 286 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of glass wool Part 51 Production of glass wool Division 1 Clause 749 Part 51—Production of glass wool Division 1—Production of glass wool 749 Production of glass wool (1) The production of glass wool is the chemical and physical transformation, through a melting, fiberising, binding and curing process, of either or both of the following: (a) recycled materials (such as cullet); (b) silicon dioxide (SiO2, silica); and both of the following: (c) sodium carbonate (Na2CO3, soda ash); (d) other raw materials; into saleable glass wool. (2) The production of glass wool is specified as an emissions-intensive trade-exposed activity. Renewable Energy (Electricity) Regulations 2001 287 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 51 Production of glass wool Division 2 Classification of activity Clause 750 Division 2—Classification of activity 750 Classification of activity The production of glass wool is a moderately emissions-intensive activity. 288 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of glass wool Part 51 Electricity baseline for calculating exemption Division 3 Clause 751 Division 3—Electricity baseline for calculating exemption 751 Electricity baseline for product The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of glass wool is 1.78 MWh per tonne of glass wool that: (a) is produced by carrying on the emissions-intensive trade-exposed activity; and (b) is of saleable quality. Note: Saleable quality is defined in regulation 22C. Renewable Energy (Electricity) Regulations 2001 289 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 52 Production of coal char Division 1 Production of coal char Clause 752 Part 52—Production of coal char Division 1—Production of coal char 752 Production of coal char (1) The production of coal char is the chemical and physical transformation of coal or a coal based input at a temperature higher than 700 °C, into coal char that, on a dry weight basis: (a) has volatile matter of less than 2% after production; and (b) has a fixed carbon content equal to or more than 92% after production. (2) The production of coal char is specified as an emissions-intensive trade-exposed activity. 290 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of coal char Part 52 Classification of activity Division 2 Clause 753 Division 2—Classification of activity 753 Classification of activity The production of coal char is a highly emissions-intensive activity. Renewable Energy (Electricity) Regulations 2001 291 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 52 Production of coal char Division 3 Electricity baseline for calculating exemption Clause 754 Division 3—Electricity baseline for calculating exemption 754 Electricity baseline for product The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of coal char is 0.120 MWh per tonne of coal char that: (a) has volatile matter of less than 2% after production; and (b) has a fixed carbon content equal to or more than 92% after production; and (c) is produced by carrying on the emissions-intensive trade-exposed activity; and (d) is of saleable quality. Note: Saleable quality is defined in regulation 22C. 292 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of ferrovanadium Part 53 Production of ferrovanadium Division 1 Clause 755 Part 53—Production of ferrovanadium Division 1—Production of ferrovanadium 755 Production of ferrovanadium (1) The production of ferrovanadium is the chemical and physical transformation of magnetite ore, combined with soda ash and other chemicals, to produce ferrovanadium with a vanadium content equal to or more than 75%. (2) The production of ferrovanadium is specified as an emissions-intensive trade-exposed activity. (3) In this regulation: magnetite ore means ore containing Fe3O4 and mineralised vanadium compounds. Renewable Energy (Electricity) Regulations 2001 293 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 53 Production of ferrovanadium Division 2 Classification of activity Clause 756 Division 2—Classification of activity 756 Classification of activity The production of ferrovanadium is a highly emissions-intensive activity. 294 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Production of ferrovanadium Part 53 Electricity baseline for calculating exemption Division 3 Clause 757 Division 3—Electricity baseline for calculating exemption 757 Electricity baseline for product The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the production of ferrovanadium is 58.7 MWh per tonne of 100% equivalent vanadium concentrate contained within ferrovanadium, in which the concentration of vanadium is equal to or more than 75%, which: (a) is produced by carrying on the emissions-intensive trade-exposed activity; and (b) is not a relevant product for the emissions-intensive trade-exposed activity of the production of magnetite concentrate; and (c) is of saleable quality. Note: Saleable quality is defined in regulation 22C. Renewable Energy (Electricity) Regulations 2001 295 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 54 Rendering of animal by-products Division 1 Rendering of animal by-products Clause 758 Part 54—Rendering of animal by-products Division 1—Rendering of animal by-products 758 Rendering of animal by-products (1) The rendering of animal by-products is the chemical and physical transformation of raw livestock-derived animal material into processed animal protein meal with a moisture content that does not exceed 10% by weight and tallow with a moisture content that does not exceed 4% by weight. Note: Examples of processed animal protein meal include meat and bone meal, dried blood meal and feather meal. (2) The rendering of animal by-products is specified as an emissions-intensive trade-exposed activity. 296 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Emissions-intensive trade-exposed activities Schedule 6 Rendering of animal by-products Part 54 Classification of activity Division 2 Clause 759 Division 2—Classification of activity 759 Classification of activity The rendering of animal by-products is a moderately emissions-intensive activity. Renewable Energy (Electricity) Regulations 2001 297 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Schedule 6 Emissions-intensive trade-exposed activities Part 54 Rendering of animal by-products Division 3 Electricity baseline for calculating exemption Clause 760 Division 3—Electricity baseline for calculating exemption 760 Electricity baseline for product The electricity baseline for calculating the amount of a liable entity’s exemption in respect of the rendering of animal by-products is 0.248 MWh per tonne of processed animal protein meal with a moisture content that does not exceed 10% by weight, which: (a) is produced by carrying on the emissions-intensive trade-exposed activity; and (b) is of saleable quality. Note: Saleable quality is defined in regulation 22C. 298 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Endnotes Endnote 1—About the endnotes Endnotes Endnote 1—About the endnotes The endnotes provide information about this compilation and the compiled law. The following endnotes are included in every compilation: Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Abbreviation key—Endnote 2 The abbreviation key sets out abbreviations that may be used in the endnotes. Legislation history and amendment history—Endnotes 3 and 4 Amending laws are annotated in the legislation history and amendment history. The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation. The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. Editorial changes The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date. If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel. Misdescribed amendments A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history. If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. Renewable Energy (Electricity) Regulations 2001 299 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Endnotes Endnote 2—Abbreviation key Endnote 2—Abbreviation key ad = added or inserted o = order(s) am = amended Ord = Ordinance amdt = amendment orig = original c = clause(s) par = paragraph(s)/subparagraph(s) C[x] = Compilation No. x /sub-subparagraph(s) Ch = Chapter(s) pres = present def = definition(s) prev = previous Dict = Dictionary (prev…) = previously disallowed = disallowed by Parliament Pt = Part(s) Div = Division(s) r = regulation(s)/rule(s) ed = editorial change reloc = relocated exp = expires/expired or ceases/ceased to have renum = renumbered effect rep = repealed F = Federal Register of Legislation rs = repealed and substituted gaz = gazette s = section(s)/subsection(s) LA = Legislation Act 2003 Sch = Schedule(s) LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s) (md) = misdescribed amendment can be given SLI = Select Legislative Instrument effect SR = Statutory Rules (md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s) cannot be given effect SubPt = Subpart(s) mod = modified/modification underlining = whole or part not No. = Number(s) commenced or to be commenced 300 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Endnotes Endnote 3—Legislation history Endnote 3—Legislation history Number and year FRLI registration or Commencement Application, saving and gazettal transitional provisions 2001 No. 2 6 Feb 2001 6 Feb 2001 (r 2) 2001 No. 219 23 Aug 2001 23 Aug 2001 (r 2) r4 2002 No. 48 15 Mar 2002 Sch 1: 1 Apr 2001 (r 2(a)) — Sch 2: 1 Jan 2002 (r 2(b)) Remainder: 15 Mar 2002 (r 2(c)) 2002 No. 232 4 Oct 2002 Sch 1: 1 July 2002 (r 2(a)) — Remainder: 4 Oct 2002 (r 2(b)) 2002 No. 339 20 Dec 2002 Sch 1: 27 Aug 2002 (r 2(a)) — Remainder: 1 Jan 2003 (r 2(b)) 2003 No. 96 29 May 2003 29 May 2003 (r 2) — 2003 No. 315 11 Dec 2003 11 Dec 2003 (r 2) — 2004 No. 322 25 Nov 2004 25 Nov 2004 (r 2) — 2005 No. 5 14 Feb 2005 (F2005L00222) 15 Feb 2005 (r 2) — 2005 No. 72 29 Apr 2005 (F2005L00954) Sch 1: 25 Nov 2004 (r 2(a)) — Remainder: 30 Apr 2005 (r 2(b)) 2005 No. 255 11 Nov 2005 (F2005L03467) 14 Nov 2005 (r 2) — 2005 No. 256 14 Nov 2005 (F2005L03271) 15 Nov 2005 (r 2) — 2005 No. 310 19 Dec 2005 (F2005L04003) 20 Dec 2005 (r 2) — 2006 No. 120 7 June 2006 (F2006L01653) 8 June 2006 (r 2) — 2006 No. 248 21 Sept 2006 (F2006L03049) 21 Sept 2006 (r 2) — 2006 No. 344 15 Dec 2006 (F2006L03994) 16 Dec 2006 (r 2) — 2006 No. 345 15 Dec 2006 (F2006L03960) 16 Dec 2006 (r 2) — 2007 No. 218 24 July 2007 (F2007L02204) 25 July 2007 (r 2) — 2007 No. 308 27 Sept 2007 (F2007L03761) 28 Sept 2007 (r 2) — 2007 No. 336 5 Oct 2007 (F2007L03953) Sch 1: 6 Oct 2007 (s 2(a)) — Sch 2: 5 Nov 2007 (r. 2(b)) 2008 No. 263 18 Dec 2008 (F2008L04657) 19 Dec 2008 (r 2) — 2009 No. 131 25 June 2009 (F2009L02502) 1 July 2009 (r 2 and — F2009L02489) 2009 No. 221 8 Sept 2009 (F2009L03474) 9 Sept 2009 (r 2) — 2009 No. 222 8 Sept 2009 (F2009L03475) 9 Sept 2009 (r 2) r4 2009 No. 379 16 Dec 2009 (F2009L04571) 17 Dec 2009 (r 2) — 2010 No. 46 12 Mar 2010 (F2010L00654) 13 Mar 2010 (r 2) — 2010 No. 52 26 Mar 2010 (F2010L00713) 27 Mar 2010 (r 2) — Renewable Energy (Electricity) Regulations 2001 301 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Endnotes Endnote 3—Legislation history Number and year FRLI registration or Commencement Application, saving and gazettal transitional provisions 2010 No. 142 18 June 2010 (F2010L01597) 21 June 2010 (r 2) r4 2010 No. 204 9 July 2010 (F2010L01954) 10 July 2010 (r 2) — 2010 No. 239 30 Sept 2010 (F2010L02544) 1 Oct 2010 (r 2) r4 2010 No. 246 15 Oct 2010 (F2010L02641) 16 Oct 2010 (r 2) — 2010 No. 256 29 Oct 2010 (F2010L02806) 30 Oct 2010 (r 2) — 2010 No. 320 13 Dec 2010 (F2010L03206) r 1–3, 5 (1), 5 (4) and Sch 1: 14 r5 Dec 2010 (r 2(a)) r. 4, 5 (2), 5 (3) and Sch 2: 1 Jan 2011 (r 2(b)) 2010 No. 321 13 Dec 2010 (F2010L03159) 1 Jan 2011 (r 2)) — 2011 No. 11 1 Mar 2011 (F2011L00332) 2 Mar 2011 (r 2) — 2011 No. 88 21 June 2011 (F2011L01090) 1 July 2011 (r2) — 2011 No. 116 30 June 2011 (F2011L01381) 1 July 2011 (r 2) r4 2011 No. 177 5 Oct 2011 (F2011L02025) 6 Oct 2011 (r 2) — 2011 No. 222 23 Nov 2011 (F2011L02410) 24 Nov 2011 (r 2) r4 2011 No. 270 12 Dec 2011 (F2011L02649) 13 Dec 2011 (r 2) — 2012 No. 13 24 Feb 2012 (F2012L00399) 25 Feb 2012 (s 2) — 2012 No. 14 24 Feb 2012 (F2012L00400) Sch 1: 25 Feb 2012 (s 2(a)) — Sch 2: 25 Feb 2012 (s 2(b)) 2012 No. 15 24 Feb 2012 (F2012L00402) 25 Feb 2012 (s 2) — 2012 No. 33 23 Mar 2012 (F2012L00672) 2 Apr 2012 (s 2 and — F2011L02617) 2012 No. 101 19 June 2012 (F2012L01246) 20 June 2012 (s 2) — 2012 No. 127 2 July 2012 (F2012L01483) 3 July 2012 (s 2) — 2012 No. 182 7 Aug 2012 (F2012L01658) 8 Aug 2012 (s 2) — 2012 No. 227 3 Oct 2012 (F2012L01993) Sch 1: 4 Oct 2012 (s 2(a)) — Sch 2: 1 Jan 2013 (s 2(b)) 2012 No. 290 11 Dec 2012 (F2012L02419) Sch 1: 12 Dec 2012 (s2(a)) — Sch 2: 1 Jan 2013 s 2(b)) 18, 2013 4 Mar 2013 (F2013L00387) 5 Mar 2013 (s 2) — 36, 2013 15 Mar 2013 (F2013L00475) 16 Mar 2013 (s 2) — 44, 2013 3 Apr 2013 (F2013L00605) 4 Apr 2013 (s 2) — 58, 2013 30 Apr 2013 (F2013L00706) Sch 1 (items 32–36): 1 May 2013 — (s 2 item 3) 79, 2013 16 May 2013 (F2013L00779) Sch 1 (items 17–19): 17 May — 2013 (s 2 item 4) 144, 2013 2 July 2013 (F2013L01302) Sch 1 (items 4–17): 3 July 2013 — (s 2 item 2) Sch 2: 29 July 2013 (s 2 item 3) 243, 2013 25 Nov 2013 (F2013L01975) Sch 1 (items 9–14): 26 Nov 2013 — (s 2) 302 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Endnotes Endnote 3—Legislation history Number and year FRLI registration or Commencement Application, saving and gazettal transitional provisions 27, 2014 14 Mar 2014 (F2014L00259) 15 Mar 2014 (r 2) — 155, 2014 3 Nov 2014 (F2014L01475) 4 Nov 2014 (r 2) — 179, 2014 28 Nov 2014 (F2014L01606) Sch 1 (items 15-18, 20): — 29 Nov 2014 (s 2) 11, 2015 27 Feb 2015 (F2015L00229) 28 Feb 2015 (s 2) — 121, 2015 23 July 2015 (F2015L01172) 24 July 2015 (s 2(1) item 1) — 228, 2015 16 Dec 2015 (F2015L02030) 17 Dec 2015 (s 2(1) item 1) — Name Registration Commencement Application, saving and transitional provisions Renewable Energy 11 Mar 2016 (F2016L00313) 12 Mar 2016 (s 2(1) item 1) — (Electricity) Amendment (Percentages)

Regulation 2016 Corporations and Other 13 Dec 2016 (F2016L01926) Sch 1 (item 51): 1 Mar 2017 — Legislation Amendment (s 2(1) item 2) (Insolvency Law Reform)

Regulation 2016 Renewable Energy 28 Mar 2017 (F2017L00322) 29 Mar 2017 (s 2(1) item 1) — (Electricity) Amendment (Percentages) Regulations 2017 Renewable Energy 18 Dec 2017 (F2017L01639) Sch 2 (items 6–8): 1 July — (Electricity) Amendment 2018 (s 2(1) item 4) (Exemptions and Other Remainder: 19 Dec 2017 Measures) (s 2(1) items 1–3) Regulations 2017 Renewable Energy 29 Mar 2018 (F2018L00451) 30 Mar 2018 (s 2(1) item 1) — (Electricity) Amendment (Percentages) Regulations 2018 Renewable Energy 7 Dec 2018 (F2018L01683) 8 Dec 2018 (s 2(1) item 1) — (Electricity) Amendment (Solar Water Heater Eligibility) Regulations 2018 Renewable Energy 25 Feb 2019 (F2019L00197) 26 Feb 2019 (s 2(1) item 1) — (Electricity) Amendment (Small-scale Solar Eligibility and Other Measures) Regulations 2019 Renewable Energy (Electricity) Regulations 2001 303 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Endnotes Endnote 3—Legislation history Name Registration Commencement Application, saving and transitional provisions Renewable Energy 12 Mar 2019 (F2019L00279) 13 Mar 2019 (s 2(1) item 1) — (Electricity) Amendment (Percentages) Regulations 2019 Act Number and Assent Commencement Application, saving year and transitional provisions Renewable Energy 69, 2010 28 June 2010 Sch 1 (item 138) and Sch 2 Sch 2 (items 14, 15) (Electricity) Amendment (items 14, 15): 29 June 2010 Act 2010 (s 2(1) items 3, 4) Renewable Energy 90, 2015 26 June 2015 Sch 1 (items 47–52): 27 June Sch 1 (item 52) (Electricity) Amendment 2015 (s 2(1) item 1) Act 2015 304 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Endnotes Endnote 4—Amendment history Endnote 4—Amendment history Provision affected How affected Part 1 r 2 .................................................. rep LA s 48D r 3 .................................................. am 2001 No 219; 2002 No 48, 232 and 339; 2003 No 96 and 315; 2004 No 322; 2005 No 255 and 256; 2006 No 248 and 345; 2007 No 336; 2010 No 239 and 320; 2012 No 13; No 155, 2014; F2017L01639; F2019L00197 r 3A ............................................... ad No 345, 2006 am No 320, 2010; No 33, 2012; F2017L01639; F2018L01683 r 3B ............................................... ad 2007 No 336 Part 2 Division 2.1A Division 2.1A ................................ ad 2012 No 290 r 3L................................................ ad 2012 No 290 am F2016L01926 Division 2.1 r 3S ................................................ ad 2012 No 15 r 4 .................................................. am 2007 No 336 r 5 .................................................. am 2007 No 336 r 5A ............................................... ad 2012 No 15 Division 2.2 r 6 .................................................. rs 2007 No 336 r 7 .................................................. am 2001 No 219 rs 2007 No 336 r 8 .................................................. rs 2007 No 336; 2011 No 222 am Act No 90, 2015 r 9 .................................................. rs 2005 No 255; 2007 No 336 r 11 ................................................ rep 2001 No 219 r 12 ................................................ rep 2007 No 336 Division 2.2A Division 2.2A ................................ ad 2011 No 270 r 10A ............................................. ad 2011 No 270 r 10B ............................................. ad 2011 No 270 r 10C ............................................. ad 2011 No 270 am No 243, 2013 Division 2.3 Subdivision 2.3.1 Subdivision 2.3.1 heading ............. rs 2007 No 336 r 13 ................................................ am 2007 No 336 r 14 ................................................ am 2001 No 219 Renewable Energy (Electricity) Regulations 2001 305 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Endnotes Endnote 4—Amendment history Provision affected How affected rs 2007 No 336 am 2009 No 131; 2011 No 270 r 15 ................................................ rs 2007 No 336 am 2011 No 270 r 15A ............................................. ad 2007 No 336 am 2011 No 270; F2019L00197 r 16 ................................................ am 2011 No 270 r 17 ................................................ rep 2007 No 336 r 18 ................................................ rs 2007 No 336 am 2011 No 270; 2012 No 33 Subdivision 2.3.2 r 19 ................................................ am 2001 No 219; 2002 No 48 and 232; 2003 No 96 rs 2005 No 256 am 2006 No 345 rs 2007 No 336 am F2017L01639 r 19A ............................................. ad 2007 No 336 am 2009 No 222 rs 2010 No 320 r 19B ............................................. ad 2007 No 336 rs 2010 No 320 am No 144, 2013 r 19BA........................................... ad 2010 No 320 am No 144, 2013 r 19BB ........................................... ad No 320, 2010 am F2018L01683 r 19BC ........................................... ad 2010 No 320 r 19BD........................................... ad 2010 No 320 r 19BE ........................................... ad No 144, 2013 r 19C ............................................. ad 2007 No 336 am 2010 No 320; No 155, 2014 Subdivision 2.3.3 r 19D ............................................. ad 2007 No 336 am 2010 No 142; No 144, 2013 r 19E.............................................. ad 2010 No 320 rep No 144, 2013 r 19F .............................................. ad 2010 No 320 rep No 144, 2013 r 19G ............................................. ad 2010 No 320 am No 144, 2013 306 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Endnotes Endnote 4—Amendment history Provision affected How affected rep No 144, 2013 r 20 ................................................ am 2002 No 232; 2004 No 322; 2005 No 255; 2007 No 336; 2009 No 221; 2010 No 142 and 204; 2011 No 88; No 155, 2014; F2017L01639 r 20AA .......................................... ad 2009 No 221 am 2010 No 204 and 320; 2011 No 88; 2012 No 290 r 20AAA ....................................... ad No 290, 2012 am F2018L01683 r 20AB........................................... ad 2009 No 221 r 20AC........................................... ad 2010 No 142 am 2010 No 239 and 320 r 20A ............................................. ad 2007 No 336 r 20B ............................................. ad 2007 No 336 am F2017L01639 r 20BA........................................... ad 2010 No 142 Division 2.4 ................................... ad 2007 No 336 rep No 144, 2013 r 20C ............................................. ad 2007 No 336 rep No 144, 2013 Division 2.5A Division 2.5A ................................ ad 2012 No 290 r 20CL ........................................... ad 2012 No 290 Division 2.5 Division 2.5 ................................... ad 2007 No 336 r 20DA .......................................... ad 2009 No 379 r 20D ............................................. ad 2007 No 336 am 2011 No 270 Division 2.6 Division 2.6 ................................... ad 2007 No 336 r 20E.............................................. ad 2007 No 336 am 2011 No 270 r 20F .............................................. ad 2007 No 336 Division 2.7 Division 2.7 ................................... ad 2012 No 15 r 20FA ........................................... ad 2012 No 15 r 20FB ........................................... ad 2012 No 15 r 20FC ........................................... ad 2012 No 15 am 2012 No 227 r 20FC(5)....................................... exp 1 Nov 2012 (r 20FC(6)) r 20FC(6)....................................... exp 1 Nov 2012 (r 20FC(6)) r 20FD ........................................... ad 2012 No 15 Renewable Energy (Electricity) Regulations 2001 307 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Endnotes Endnote 4—Amendment history Provision affected How affected Part 2A r 20G ............................................. ad 2010 No 320 r 20H ............................................. ad 2010 No 320 am 2012 No 33 r 20I............................................... ad 2010 No 320 r 20J .............................................. ad 2010 No 320 r 20K ............................................. ad 2010 No 320 am 2012 No 33 r 20L.............................................. ad 2010 No 320 r 20M ............................................ ad 2010 No 320 am 2012 No 33 r 20N ............................................. ad 2010 No 320 r 20O ............................................. ad 2010 No 320 r 20P .............................................. ad 2010 No 320 Part 3 r 21 ................................................ rs 2007 No 336 am 2009 No 131 r 21A ............................................. ad 2006 No 248 r 22 ................................................ rs F2017L01639 Part 3A Part 3A heading............................. am No 121, 2015 Part 3A .......................................... ad No 46, 2010 Division 1 r 22A ............................................. ad No 46, 2010 am No 246, 2010; No 320, 2010; No 11, 2011; No 13, 2012; No 121, 2015; F2017L01639 ed C68 r 22B ............................................. ad 2010 No 46 r 22C ............................................. ad No 46, 2010 am No 121, 2015 Division 2 r 22D ............................................. ad No 46, 2010 am No 204, 2010; No 13, 2012; No 121, 2015 Division 3 r 22E.............................................. ad No 46, 2010 am No 121, 2015; F2017L01639 Division 4 Division 4 heading ........................ am No 121, 2015 Subdivision A r 22F .............................................. ad No 46, 2010 308 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Endnotes Endnote 4—Amendment history Provision affected How affected r 22G ............................................. ad No 46, 2010 am No 121, 2015; F2017L01639 r 22H ............................................. ad No 46, 2010 am No 121, 2015 r 22I............................................... ad No 46, 2010 am No 121, 2015 r 22J .............................................. ad No 46, 2010 am No 320, 2010; No 121, 2015 r 22K ............................................. ad No 46, 2010 am No 121, 2015 r 22L.............................................. ad No 46, 2010 am No 121, 2015; F2017L01639 r 22LA ........................................... ad F2017L01639 r 22M ............................................ ad No 46, 2010 am No 144, 2013; No 121, 2015; F2017L01639 s 22MA ......................................... am F2017L01639 Subdivision B r 22N ............................................. ad No 46, 2010 r 22O ............................................. ad No 46, 2010 am No 320, 2010; No 121, 2015; F2017L01639 r 22P .............................................. ad 2010 No 46 am 2012 No 13; No 155, 2014 rep F2017L01639 r 22Q ............................................. ad 2010 No 46 am F2017L01639 r 22R ............................................. ad 2010 No 46 am F2017L01639 r 22S .............................................. ad 2010 No 46 am F2017L01639; F2019L00197 r 22T.............................................. ad No 46, 2010 am No 121, 2015; F2017L01639; F2019L00197 r 22U ............................................. ad 2010 No 46 am No 18, 2013 rep F2017L01639 Subdivision BA Subdivision BA heading................ rs F2017L01639 r 22UA .......................................... ad No 320, 2010 am No 290, 2012; No 18, 2013; No 155, 2014; No 121, 2015; F2017L01639 r 22UB........................................... ad 2010 No 320 am No 18, 2013; F2017L01639 Renewable Energy (Electricity) Regulations 2001 309 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Endnotes Endnote 4—Amendment history Provision affected How affected r 22UC........................................... ad 2010 No 320 r 22UD .......................................... ad No 18, 2013 rep F2017L01639 Subdivision BB Subdivision BB ............................. ad F2017L01639 r 22UF ........................................... ad F2017L01639 r 22UG .......................................... ad F2017L01639 am F2019L00197 r 22UH .......................................... ad F2017L01639 am F2019L00197 Subdivision C r 22V ............................................. ad 2010 No 46 r 22W ............................................ ad 2010 No 46 am 2010 No 239 rep 2012 No 13 r 22X ............................................. ad No 46, 2010 am No 239, 2010; No 13, 2012; No 101, 2012; No 127, 2012; No 182, 2012; No 227, 2012; No 44, 2013; No 58, 2013; No 79, 2013; No 144, 2013; No 243, 2013; No 121, 2015; F2017L01639 r 22XA .......................................... ad F2017L01639 r 22Y ............................................. ad 2010 No 46 rs F2017L01639 Division 5 Division 5 heading ........................ am No 121, 2015 rs F2017L01639 Subdivision A r 22Z.............................................. ad No 46, 2010 am No 320, 2010; No 121, 2015; F2017L01639 Subdivision B r 22ZA ........................................... ad No 46, 2010 am Act No 69, 2010; No 320, 2010; No 11, 2011; No 116, 2011; No 121, 2015 Subdivision C r 22ZB ........................................... ad No 46, 2010 am No 246, 2010; No 243, 2013; No 121, 2015 r 22ZC ........................................... ad 2010 No 46 am 2012 No 13; No 155, 2014 r 22ZD ........................................... ad No 46, 2010 am No 121, 2015 Subdivision D r 22ZE ........................................... ad 2010 No 46 310 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Endnotes Endnote 4—Amendment history Provision affected How affected am No 144, 2013 Subdivision E r 22ZF ........................................... ad No 46, 2010 am No 121, 2015 r 22ZG ........................................... ad No 46, 2010 am No 121, 2015 Subdivision F Subdivision F ................................ rep No 121, 2015 r 22ZH ........................................... ad 2010 No 46 am 2010 No 320 rep No 121, 2015 Division 5A Division 5A ................................... ad F2017L01639 r 22ZHA ........................................ ad F2017L01639 r 22ZHB ........................................ ad F2017L01639 r 22ZHC ........................................ ad F2017L01639 am F2019L00197 r 22ZHD ........................................ ad F2017L01639 Division 6 Division 6 heading ........................ am No 121, 2015 r 22ZI ............................................ ad 2010 No 46 r 22ZJ ............................................ ad 2010 No 46 am No 121, 2015; F2017L01639; F2019L00197 Division 7 Division 7 heading ........................ am No 121, 2015 r 22ZK ........................................... ad 2010 No 46 r 22ZL ........................................... ad 2010 No 46 am 2010 No 320; No 121, 2015; F2017L01639 r 22ZM .......................................... ad 2010 No 46 rep 2010 No 320 Division 8 Division 8 heading ........................ am No 121, 2015 Subdivision A Subdivision A heading .................. am No 121, 2015 r 22ZN ........................................... ad No 46, 2010 am No 121, 2015; F2017L01639; F2019L00197 Subdivision B Subdivision B heading .................. am No 121, 2015 r 22ZO ........................................... ad No 46, 2010 am No 121, 2015; F2019L00197 Renewable Energy (Electricity) Regulations 2001 311 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Endnotes Endnote 4—Amendment history Provision affected How affected r 22ZP ........................................... ad No 46, 2010 am No 121, 2015; F2017L01639 r 22ZPA......................................... ad F2017L01639 am F2019L00197 r 22ZQ ........................................... ad No 46, 2010 am No 144, 2013; No 121, 2015; F2017L01639; F2019L00197 r 22ZQA ........................................ ad F2017L01639 am F2019L00197 r 22ZR ........................................... ad No 46, 2010 am No 121, 2015; F2017L01639 r 22ZS ........................................... ad No 46, 2010 am No 121, 2015; F2017L01639; F2019L00197 Division 8A Division 8A heading ..................... am No 121, 2015 Division 8A ................................... ad 2010 No 239 r 22ZSA......................................... ad 2010 No 239 Division 9 r 22ZT ........................................... ad No 46, 2010 am No 121, 2015; F2017L01639 Part 4 Part 4 heading................................ rs 2007 No 336 Division 1 Division 1 ...................................... ad No 14, 2012 r 23A ............................................. ad No 320, 2010 r 22ZU (prev r 23A) ...................... renum No 14, 2012 r 23B ............................................. ad No 320, 2010 r 22ZV (prev r 23B) ...................... renum No 14, 2012 r 23C ............................................. ad No 320, 2010 r 22ZW (prev r 23C)...................... renum No 14, 2010 am No 121, 2015 r 23D ............................................. ad No 320, 2010 r 22ZX (prev r 23D) ...................... renum No 14, 2012 r 23E.............................................. ad No 320, 2010 r 22ZY (prev r 23E)....................... renum No 14, 2012 am No 121, 2015 Division 1 heading ........................ ad No 321, 2010 rep No 14, 2012 Division 1 ...................................... rep 2012 No 14 r 23 ................................................ am 2002 No 48 and 339; 2003 No 315; 2005 No 5 and 310; 2006 No 344; 2007 No 308; 2008 No 263; 2010 No 52 and 321 312 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Endnotes Endnote 4—Amendment history Provision affected How affected rep 2012 No 14 Division 2 Division 2 ...................................... ad 2010 No 321 rs 2012 No 14 r 23A (second occurring) ............... ad 2010 No 321 rep 2012 No 14 r 23 ................................................ ad 2012 No 14 am No 36, 2013; No 27, 2014; No 11, 2015; F2016L00313; F2017L00322; F2018L00451; F2019L00279 Division 3 Division 3 ...................................... ad 2012 No 14 r 23A ............................................. ad 2012 No 14 am No 36, 2013; No 27, 2014; No 11, 2015; F2016L00313; F2017L00322; F2018L00451; F2019L00279 Part 5 r 24 ................................................ am 2007 No 336 am 2009 No 131 rs 2010 No 320 am 2012 No 33 and 290 r 24A ............................................. ad 2010 No 320 r 24B ............................................. ad 2010 No 320 r 25 ................................................ am 2007 No 336 am 2009 No 131 rs 2010 No 320 am 2012 No 33 and 290 r 25A ............................................. ad 2010 No 320 am 2012 No 33 and 290 Part 6 r 28 ................................................ am 2001 No 219; 2007 No 336; 2010 No 320; 2011 No 177 r 29 ................................................ rep 2007 No 336 Part 7 ad 2010 No 320 Part 7 ............................................. ad 2010 No 320 Division 1 r 29 ................................................ ad 2010 No 320 r 30 ................................................ ad 2010 No 320 r 31 ................................................ ad 2010 No 320 r 32 ................................................ ad 2010 No 320 Division 2 r 33 ................................................ ad 2010 No 320 r 34 ................................................ ad 2010 No 320 Renewable Energy (Electricity) Regulations 2001 313 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Endnotes Endnote 4—Amendment history Provision affected How affected r 35 ................................................ ad 2010 No 320 r 36 ................................................ ad 2010 No 320 Division 3 r 37 ................................................ ad 2010 No 320 r 38 ................................................ ad 2010 No 320 r 39 ................................................ ad 2010 No 320 r 40 ................................................ ad 2010 No 320 r 41 ................................................ ad 2010 No 320 Division 4 r 42 ................................................ ad 2010 No 320 r 43 ................................................ ad 2010 No 320 r 44 ................................................ ad 2010 No 320 r 45 ................................................ ad 2010 No 320 r 46 ................................................ ad 2010 No 320 r 47 ................................................ ad 2010 No 320 r 48 ................................................ ad 2010 No 320 Part 8 r 49 ................................................ ad 2010 No 320 am F2017L01639; F2019L00197 Part 9 ............................................ ad No 179, 2014 r 50 ................................................ ad No 179, 2014 am No 121, 2015 r 51 ................................................ ad No 121, 2015 r 52 ................................................ ad F2019L00197 Schedule 1 Schedule 1 heading ....................... rs 2007 No 336

Schedule 1 am 2001 No 219; 2007 No 336; 2011 No 270; 2012 No 15

Schedule 2 ..................................... rep 2007 No 336 Schedule 3 Schedule 3 heading ....................... rs 2007 No 336

Schedule 3 ..................................... am 2001 No 219; 2007 No 336; 2012 No 15 Schedule 3A

Schedule 3A .................................. ad 2012 No 15 Schedule 4 Schedule 4 heading ....................... rs 2010 No 320

Schedule 4 ..................................... rep 2004 No 322 ad 2007 No 336 am 2010 No 320 Schedule 5 heading ....................... rs 2007 No 336 rep F2017L01639 314 Renewable Energy (Electricity) Regulations 2001 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019 Endnotes Endnote 4—Amendment history Provision affected How affected

Schedule 5 ..................................... rs 2002 No 232 am 2007 No 336; 2009 No 379; No 115, 2014 rep F2017L01639 Schedule 6

Schedule 6 ..................................... rep 2004 No 322 ad 2010 No 46 am No 204, 2010; No 239, 2010; No 246, 2010; No 256, 2010; No 11, 2011; No 13, 2012; No 101, 2012; No 127, 2012; No 182, 2012; No 227, 2012; No 290, 2012; No 44, 2013; No 58, 2013; No 79, 2013; No 144, 2013; No 243, 2013; No 155, 2014; No 179, 2014; No 121, 2015; No 228, 2015 ed C64 am F2017L01639

Schedule 7 ..................................... am 2001 No 219; 2002 No 48 and 232; 2003 No 96 and 315; 2004 No 322; 2005 No 72, 256 and 310; 2006 No 120 and 345; 2007 No 218 rep 2007 No 336 Renewable Energy (Electricity) Regulations 2001 315 Compilation No. 70 Compilation date: 13/3/19 Registered: 22/3/19 Authorised Version F2019C00219 registered 22/03/2019