Clean Energy Legislation Amendment (2014 Measures No 1) Regulation 2014 [F2014L01606]-New matters [2015] AUSStaCSDLM 3 (11 February 2015)

• Clean Energy Legislation Amendment (2014 Measures No. 1) Regulation 2014 [F2014L01606]

Clean Energy Legislation Amendment (2014 Measures No. 1) Regulation 2014 [F2014L01606]

Purpose	Amends the Clean Energy Regulations 2011 and the Renewable Energy (Electricity) Regulations 2001 to add 'the production of ferrovanadium' and 'the rendering of animal by-products' as new emissions-intensive trade-exposed activities in the context of the Jobs and Competitiveness Program and the Renewable Energy Target
Last day to disallow	23 March 2015
Authorising legislation	Clean Energy Act 2011; Renewable Energy (Electricity) Act 2000
Department	Environment

Issue:

Retrospectivity

This instrument was made on 27 November 2014. Items 19 and 20 of Schedule 1 to this instrument are transitional provisions that apply the amendments to applications 'made but not determined' before the commencement of this instrument. The ES does not expressly address the prohibition in subsection 12(2) of the Legislative Instruments Act 2003 against retrospectivity that is disadvantageous to the rights of persons other than the Commonwealth. The committee's usual expectation is that this matter would be specifically addressed in the ES. Noting, however, that the ES indicates that the amendments will be of benefit to applicants, the committee therefore draws this matter to the minister's attention.