Commonwealth Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

RENEWABLE ENERGY (ELECTRICITY) AMENDMENT (SMALL-SCALE RENEWABLE ENERGY SCHEME REFORMS AND OTHER MEASURES) REGULATIONS 2021 (F2021L01828) - SCHEDULE 2

Small generation units--designer and installer accreditation scheme

   

Renewable Energy (Electricity) Regulations 2001

1  Paragraphs 20AC(2)(a) to (d)

Repeal the paragraphs, substitute:

                     (a)  if the unit is a stand-alone power system--accredited for stand-alone power systems under an accreditation scheme approved by the Regulator under Subdivision 2.3.4; and

                     (b)  if the unit is a grid-connected power system--accredited for grid-connected power systems under an accreditation scheme approved by the Regulator under Subdivision 2.3.4; and

                     (c)  if the unit is a wind system--endorsed for wind systems under an accreditation scheme approved by the Regulator under Subdivision 2.3.4; and

                     (d)  if the unit is a hydro system--endorsed for hydro systems under an accreditation scheme approved by the Regulator under Subdivision 2.3.4; and

2  At the end of Division 2.3 of Part 2

Add:

Subdivision 2.3.4 -- Designer and installer accreditation scheme

20BB   Approval of accreditation schemes

                   This Subdivision sets out the process for approving an accreditation scheme mentioned in subregulation 20AC(2).

20BC   Interpretation

             (1)  In this Subdivision:

"scheme operator " : see subparagraph 20BE(b)(iii).

             (2)  For the purposes of this Subdivision, in determining whether a scheme operator 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 a scheme operator under this Subdivision.

20BD   Applying for accreditation

Applications for accreditation

             (1)  A person may apply to the Regulator to approve an accreditation scheme developed by the person for the purposes of paragraph 20AC(2)(a), (b), (c) or (d).

Matters to be included in applications

             (2)  An application must:

                     (a)  be made in the manner and form specified by the Regulator on the Regulator's website; and

                     (b)  include a draft of the accreditation scheme proposed to be approved; and

                     (c)  include the information required by regulation 20BE; and

                     (d)  be accompanied by the documents required by regulation 20BE; and

                     (e)  include any information, and be accompanied by any documents, required by the form; and

                      (f)  include an undertaking that complies with subregulation (3); and

                     (g)  be made:

                              (i)  in the period specified by the Regulator; or

                             (ii)  at a later time agreed with the Regulator in writing.

Undertakings to be included in applications

             (3)  For the purposes of paragraph (2)(f), an undertaking must provide that, if the scheme were to be approved, the scheme operator undertakes to do the following :

                     (a)  notify the Regulator, in writing, of any matters that arise that adversely affect, or that might adversely affect, the integrity of the scheme and the steps being taken, or proposed to be taken, by the scheme operator to address those matters;

                     (b)  notify the Regulator, in writing, before making any changes to the fees charged under the scheme and provide the Regulator with an explanation of the changes;

                     (c)  notify the Regulator, in writing, before varying or amending the scheme and provide the Regulator with an explanation of how the variations or amendments are consistent with the scheme as approved by the Regulator;

                     (d)  notify the Regulator, in writing, if any of the events or circumstances mentioned in regulation 3L that affect the scheme operator come to the attention of the scheme operator;

                     (e)  notify the Regulator, in writing, if the scheme operator ceases to undertake, or proposes to cease undertaking, activities authorised by the scheme;

                      (f)  if the scheme operator is a body corporate--notify the Regulator, in writing, if there is a change, or a proposed change, in any of the directors or officers of the body corporate;

                     (g)  if the scheme operator is a body corporate--notify the Regulator, in writing, if a transaction results in, or a proposed transaction will result in, a change to the type, name or number of shares in the body corporate;

                     (h)  notify the following, in writing, if a designer or an installer accredited under the scheme is excluded from the scheme:

                              (i)  the Regulator;

                             (ii)  the operator of every other accreditation scheme approved under this Subdivision;

                      (i)  if requested by the Regulator in writing--provide the Regulator with requested information, in writing, about the operation of the scheme.

Period in which application must be made

             (4)  The Regulator must specify a period for the purposes of subparagraph (2)(g)(i).

             (5)  The specified period must be a period of 3 months between 1 July 2022 and 31 March 2023 and must be published on the Regulator's website.

20BE   Matters to be included in applications

                   An application must:

                     (a)  include the following:

                              (i)  the name of the applicant;

                             (ii)  if the scheme operator is a body corporate--the scheme operator's ACN, ABN or ARBN;

                            (iii)  if the scheme operator is a body corporate--details of the directors or officers of the body corporate;

                            (iv)  if the scheme operator is a body corporate--details of the type, name or number of shares in the body corporate;

                             (v)  the mailing address and email address of the applicant;

                            (vi)  a telephone contact number for the applicant; and

                     (b)  include the following:

                              (i)  details of the proposed scheme's scope;

                             (ii)  an explanation of how the proposed scheme is to be managed and operated, including details of the governance arrangements for the proposed scheme;

                            (iii)  the name and contact details of the person or persons (the scheme operator ) who will be responsible for managing the scheme;

                            (iv)  details of the qualifications and experience of the scheme operator that will enable the scheme operator to properly manage the proposed scheme in accordance with the requirements of the scheme and any requirements of the Act and these Regulations;

                             (v)  details of how the proposed scheme will be monitored for compliance with the requirements of the scheme and any requirements of the Act and these Regulations; and

                     (c)  be accompanied by details and evidence of the training to be provided to designers and installers under the proposed scheme, including training in relation to written statements by installers under subregulation 20AC(5); and

                     (d)  include details of the measures and procedures that are in place, or will be in place before approval, and will be maintained after approval, to ensure:

                              (i)  quality assurance and process control of the accreditation process; and

                             (ii)  compliance with the scheme's requirements, and the requirements of the Act and these Regulations, in relation to the installation of small generation units and the creation of certificates for such units; and

                     (e)  include details of the following:

                              (i)  requirements of the proposed scheme relating to insurance and any codes of conduct;

                             (ii)  the measures and procedures that are in place, or will be in place before approval, and will be maintained after approval, for identifying and dealing with actual and perceived conflicts of interest in relation to the proposed scheme;

                            (iii)  the fees to be charged under the proposed scheme and an explanation of the basis for setting the fees and changing the amount of fees over time; and

                      (f)  set out reasons why the applicant believes the proposed scheme should be approved, having regard to each of the criteria and requirements for approval specified in regulation 20BH.

20BF   Further information

             (1)  For the purposes of making a decision under regulation 20BG, the Regulator may, by notice in writing, request further information from the applicant.

             (2)  The notice must set out:

                     (a)  the information sought; and

                     (b)  the day by which the information is to be provided to the Regulator.

             (3)  The Regulator is not required to consider an application while waiting for the information to be provided.

             (4)  If the information is not provided on or before the day specified in the notice, the application is taken to have been withdrawn.

20BG   Regulator to approve or refuse application

                   If the Regulator receives an application that is properly made under this Subdivision, the Regulator must:

                     (a)  approve the application; or

                     (b)  refuse the application.

20BH   Approval of accreditation scheme

             (1)  The Regulator may approve an accreditation scheme if, and only if, the Regulator is satisfied that:

                     (a)  the scheme operator is a fit and proper person; and

                     (b)  the scheme operator, and each person involved in the management of the scheme:

                              (i)  has appropriate knowledge and understanding of the regulatory framework and standards applicable to the installation of small generation units, including the framework for the creation of certificates under the Act and these Regulations; and

                             (ii)  has the necessary qualifications, experience and expertise to properly manage the operation of the scheme; and

                     (c)  the scheme operator has the capacity, resources and record (if any) to properly manage the operation of the scheme, consistent with the details set out in the application, in a sound, objective, transparent and rigorous manner; and

                     (d)  the governance arrangements for the scheme are appropriate, having regard to the scope of the scheme; and

                     (e)  the scheme includes appropriate measures and procedures to ensure that the requirements of the scheme, and the requirements of the Act and these Regulations, in relation to the installation of small generation units and the creation of certificates for such units are complied with; and

                      (f)  the scheme operator has in place appropriate measures and procedures to identify and manage actual and perceived conflicts of interest in relation to the scheme; and

                     (g)  the scheme operator has in place appropriate measures and procedures to identify and address non-compliance with the requirements of the scheme and the requirements of the Act and these Regulations, including requirements in relation to the creation of certificates for small generation units; and

                     (h)  the scheme operator has in place appropriate measures and procedures for the discipline of persons accredited under the scheme for failing to comply with the scheme's requirements, and the requirements of the Act and these Regulations, in relation to the design and installation of small generation units and the creation of certificates for such units; and

                      (i)  the scheme operator has given the undertaking mentioned in paragraph 20BD(2)(f); and

                      (j)  the fees to be charged under the scheme are reasonable.

             (2)  In deciding whether to approve an application, the Regulator must have regard to any guidelines determined by the Regulator under subregulation (3) for the purposes of this regulation.

             (3)  The Regulator may, in writing, determine guidelines for the purposes of this regulation.

             (4)  The Regulator must publish details of any guidelines determined under subregulation (3) on the Regulator's website.

20BI   Notification of decision

             (1)  A decision of the Regulator to approve, or refuse, an application is to be made by notifiable instrument as soon as practicable after the decision is made.

             (2)  In addition to the requirement under subregulation (1), the Regulator must, within 28 days of making a decision to approve, or refuse, the application:

                     (a)  notify the applicant in writing of the decision; and

                     (b)  publish the decision on the Regulator's website; and

                     (c)  if the decision is to approve the application--on the Regulator's website:

                              (i)  provide details of a publicly accessible website where persons can view a copy of the accreditation scheme; and

                             (ii)  specify the day on which the accreditation scheme comes into force; and

                     (d)  if the decision is to refuse the application--include in the notice under paragraph (a) a statement of the applicant's review rights under regulation 49.

20BJ   Duration of approval

                   An approval remains in force until it is revoked by the Regulator under regulation 20BK.

20BK   Revocation of approval

             (1)  The Regulator may revoke the approval of an accreditation scheme if:

                     (a)  the Regulator considers it is no longer appropriate for the scheme to be approved having regard to the criteria in subregulation 20BH(1) concerning the granting of approvals; and

                     (b)  the Regulator reasonably believes any of the following:

                              (i)  the applicant made a false or misleading statement in an application under this Subdivision;

                             (ii)  any person involved in the management of the scheme gave false or misleading information or documents to the Regulator or to another person performing functions or exercising powers under the Act or these Regulations;

                            (iii)  there has been a failure to comply with an undertaking given under paragraph 20BD(2)(f);

                            (iv)  the scheme is operating in a manner that is materially different from the manner described by the applicant in the application for approval;

                             (v)  non-compliance with the requirements of the scheme is not being addressed to the satisfaction of the Regulator;

                            (vi)  the scheme operator or any other person involved in the management of the scheme is not a fit and proper person.

             (2)  The Regulator must revoke the approval of an accreditation scheme if the scheme operator requests the Regulator, in writing, to revoke the approval.

20BL   Notice of proposed revocation

Notice of proposed revocation

             (1)  Before deciding to revoke an approval of an accreditation scheme under subregulation 20BK(1), the Regulator must:

                     (a)  notify the scheme operator, in writing, of:

                              (i)  the proposed revocation; and

                             (ii)  the reasons for the proposed revocation; and

                     (b)  invite the scheme operator to:

                              (i)  make a submission as to why the approval should not be revoked; and

                             (ii)  do so within the period specified in the notice; and

                     (c)  both:

                              (i)  publish details of the proposed revocation and reasons on the Regulator's website on the day that the Regulator notifies the scheme operator under paragraph (a); and

                             (ii)  invite members of the public to make submissions on the proposed revocation within the period specified in the notice under paragraph (a).

             (2)  The period (the response period ) specified in the notice under paragraph (1)(a) must be at le ast 28 days commencing on the day the notice is given.

Decision on revocation

             (3)  In deciding whether to revoke the approval of an accreditation scheme under subregulation 20BK(1), the Regulator must consider any submissions made within the response period.

             (4)  The Regulator must:

                     (a)  both:

                              (i)  notify the scheme operator, in writing, of the decision; and

                             (ii)  publish details of the decision on the Regulator's website; and

                     (b)  do so within 28 days after the end of the response period.

             (5)  If the decision is to revoke the approval of the accreditation scheme, the notice and published details must include the reasons for the decision.

Deemed decision to revoke

             (6)  If the Regulator does not comply with subregulation (4) within 28 days after the end of the response period, the Regulator is taken to have decided to revoke the approval of the accreditation scheme at the end of that period.

             (7)  Paragraph (4)(a) does not apply to a decision that is taken to have been made because of subregulation (6).

When revocation has effect

             (8)  If no submissions were made within the response period, the revocation has effect on the day after the last day of the response period.

             (9)  If submissions were made within the response period, the revocation has effect on:

                     (a)  if the scheme operator was given a notice under subregulation (4)--the day after the scheme operator was given the notice; or

                     (b)  if the scheme operator was not given a notice under subregulation (4)--the day after the Regulator is taken, under subregulation (6), to have decided to revoke the approval of the accreditation scheme .

Notification of deemed decision

           (10)  If a decision (the deemed decision ) is taken to have been made because of subregulation (6), the Regulator must publish details of the deemed decision on the Regulator's website as soon as practicable after the deemed decision is taken to have been made.

Decision to be notified by notifiable instrument

           (11)  In addition to any other requirement under this regulation, a decision (including a deemed decision) to revoke the approval of an accreditation scheme is to be notified by notifiable instrument as soon as practicable after the decision is made or is taken to have been made.

20BM   Effect of revocation

                   If the Regulator revokes the approval of an accreditation scheme, the following provisions have effect:

                     (a)  subject to paragraph (b), a person accredited under the scheme continues to be accredited (the continued accreditation ) for all purposes as if the approval had not been revoked;

                     (b)  the continued accreditation ceases to be in effect at the end of the earlier of:

                              (i)  unless otherwise agreed in writing with the Regulator--the day the person's accreditation would have ceased to be in effect if the approval of the accreditation scheme had not been revoked; and

                             (ii)  12 months after the day the revocation of the approval of the accreditation scheme comes into effect.

20BN   Further approvals if no approved accreditation scheme

             (1)  If a revocation of the approval of an accreditation scheme for a kind of small generation unit mentioned in subregulation 20AC(2) results in there being no approved accreditation scheme in force for that kind of small generation unit, a person may, under regulation 20BD, apply to the Regulator to approve an accreditation scheme for that kind of small generation unit.

             (2)  Despite subregulations 20BD(4) and (5), the application must be made within the period specified for the purposes of this regulation by the Regulator on the Regulator's website.

3  Regulation 45 (heading)

Omit " Clean Energy Council ", substitute " scheme operator ".

4  Regulation 45

Omit "Clean Energy Council", substitute "the scheme operator for the accreditation scheme under which the person or persons who designed and installed the small generation unit were accredited".

5  Subregulation 49(1) (after table item 2AD)

Insert:

 

2AF

Decision under Subdivision 2.3.4 to refuse to approve an accreditation scheme

Applicant for the approval

2AG

Decision under subregulation 20BK(1) to revoke the approval of an accreditation scheme

Person whose interests are affected by the decision

6  In the appropriate position in Part 9

Insert:

54   Amendments made by Schedule 2 to the Renewable Energy (Electricity) Amendment (Small-Scale Renewable Energy Scheme Reforms and Other Measures) Regulations 2021

Existing accreditations

             (1)  This regulation applies if an accreditation mentioned in paragraph 20AC(2)(a), (b), (c) or (d) was in force for a person immediately before 1 July 2022.

             (2)  The accreditation for the person:

                     (a)  continues to have effect on and from 1 July 2022 as if it were an accreditation mentioned in paragraph 20AC(2)(a), (b), (c) or (d), as amended by the amending Schedule; and

                     (b)  unless it ceases to have effect earlier in accordance with its terms, ceases to have effect at the later of:

                              (i)  the end of 31 December 2022; and

                             (ii)  the end of the period of 3 months commencing on the day the Regulator approves an accreditation scheme under regulation 20BH.

Pending applications

             (3)  This regulation also applies in relation to an application by a person for accreditation under the Clean Energy Council accreditation scheme:

                     (a)  made, but not finally determined, before 1 July 2022; or

                     (b)  made on or after 1 July 2022 and before the approval of an accreditation scheme under regulation 20BG.

             (4)  Despite the repeal and substitution of paragraphs 20AC(2)(a), (b), (c) and (d) by the amending Schedule, the person may, until an accreditation scheme is approved under regulation 20BG, be accredited under the Clean Energy Council accreditation scheme as if those paragraphs had not been repealed.

             (5)  An accreditation mentioned in subregulation (4):

                     (a)  has effect as if it were an accreditation under an accreditation scheme approved by the Regulator under regulation 20BG; and

                     (b)  unless it ceases to have effect earlier in accordance with its terms, ceases to have effect at the later of:

                              (i)  the end of 31 December 2022; and

                             (ii)  the end of the period of 3 months commencing on the day the Regulator approves an accreditation scheme under regulation 20BG.

Definitions

             (6)  In this regulation:

"amending Schedule " means Schedule 2 to the Renewable Energy (Electricity) Amendment (Small-Scale Renewable Energy Scheme Reforms and Other Measures) Regulations 2021 .



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback