(1) If a registered person applies to the Regulator under section 75 to register a facility that is an aggregated system, the Regulator must decide to:
(2) The Regulator must not register the facility unless the rules prescribe requirements that apply in relation to facilities that are aggregated systems and components of such facilities.
(3) The Regulator must not register the facility before 1 January 2031 if:
(a) a certificate has been created under the Renewable Energy (Electricity) Act 2000 in relation to a small generation unit; and
(b) the small generation unit:
(i) consists or consisted of a component of the facility; or
(ii) includes or included a component of the facility.
(4) The Regulator must not register the facility unless the Regulator is satisfied that:
(a) each electricity generation system included in the facility generates electricity from at least one eligible renewable energy source; and
(b) if a measurement standard prescribes a requirement that applies to the facility—the requirement is met; and
(c) the facility is made up of the components included in the application; and
(d) none of the components that make up the facility are included in:
(e) for each of the components that make up the facility:
(ii) the registered person owns the component together with one or more other persons and a written agreement is in force between the registered person and each of those persons to the effect that the registered person may apply to register the facility and create REGO certificates relating to electricity generated or dispatched by the facility; or
(iii) the registered person operates the component, either alone or together with another person, and a written agreement is in force between the registered person and each owner of the component to the effect that the registered person may apply to register the facility and create REGO certificates relating to electricity generated or dispatched by the facility; or
(iv) the registered person neither owns nor operates the component, but a written agreement is in force between the registered person and each owner of the component, and each operator of the component, to the effect that the registered person may apply to register the facility and create REGO certificates relating to electricity generated or dispatched by the facility; and
(f) the facility is operated in accordance with any relevant Commonwealth, State, Territory or local government planning and approval requirements; and
(g) the facility, and each component of the facility, meets the requirements prescribed by the rules for the purposes of subsection (2).
(5) The Regulator may refuse to register the facility if the Regulator is satisfied that a component included in the application should not be included in the facility.
(6) In deciding whether to register the facility, the Regulator:
(i) guidelines (if any) prescribed by the rules in relation to what components may make up an aggregated system; and
(7) If the Regulator registers the facility, the Regulator may, by notice in writing given to the registered person, impose a condition on the registration. The condition must be of a kind prescribed by the rules.
(8) Rules made for the purposes of subsection (2) or paragraph (6)(a) may prescribe different requirements, guidelines or matters for different kinds of facilities or components.
(9) Without limiting the requirements that the rules may prescribe for the purposes of subsection (2), the rules may prescribe:
(a) a requirement that the capacity of an electricity generation system included in an aggregated system must not exceed a specified capacity; or
(b) a requirement that the capacity of an energy storage system included in an aggregated system must not exceed a specified capacity.
(10) The rules may provide that paragraph (4)(d) does not apply to a facility in specified circumstances.
Subdivision C—Eligible registered persons
82 Eligible registered person
(1) If a registered person applies to the Regulator under Subdivision A to register a facility and the Regulator registers the facility under Subdivision B, the Regulator must record in the register that the registered person is the eligible registered person for the facility.
(2) The Regulator may determine, on written application by the eligible registered person for a facility, that another registered person is the eligible registered person for the facility instead of the person who made the written application.
(3) In deciding whether to make a determination under subsection (2), the Regulator:
(4) A determination under subsection (2) takes effect on the day it is made or on a later day specified in the determination.
(5) If the Regulator makes a determination under subsection (2), the Regulator must update the register accordingly.
(6) A determination under subsection (2) must be in writing but is not a legislative instrument.
Subdivision D—Determination of baseline
83 Determination of baseline
(a) the Regulator registers a facility that includes a component that generated or contributed to the generation of electricity before 1 January 1997; and
(b) the facility is not an accredited power station;
the Regulator must determine a baseline for the facility.
(2) The Regulator must determine the baseline, in accordance with guidelines prescribed in the Renewable Energy (Electricity) Regulations 2001, as if:
(a) the Regulator had determined under paragraph 14(1)(a) of the Renewable Energy (Electricity) Act 2000 that the components that make up the facility are taken to be a power station for the purposes of that Act; and
(b) the Regulator had determined under paragraph 14(1)(b) of that Act that the power station is eligible for accreditation; and
(c) the Regulator were determining the 1997 eligible renewable power baseline for the power station in accordance with paragraph 14(3)(a) of that Act.
(3) A determination under this section must be in writing but is not a legislative instrument.
(4) This section does not apply in relation to a facility registered after 31 December 2030.
Subdivision E—Record‑keeping etc.
84 Creation and variation of record
(1) If the Regulator registers a facility under Subdivision B, the Regulator must create a record in relation to the facility that contains:
(a) each component included in the facility; and
(b) such other information as is prescribed by the rules.
(2) The Regulator may vary the record:
(a) on written application being made to the Regulator by the eligible registered person for the facility; or
(b) on the Regulator’s own initiative.
85 Notification of certain events
(1) The eligible registered person for a registered renewable electricity facility must:
(a) notify the Regulator, in writing, if an event specified in subsection (2) occurs; and
(b) do so within 1 month after the event occurs.
(2) The following events are specified:
(a) a component being added to, or removed from, the facility;
(b) the facility ceasing to comply with a requirement prescribed by a measurement standard that applies to the facility;
(c) the facility starting to generate electricity from a different eligible renewable energy source;
(d) any other event prescribed by the rules.
(3) The Regulator may, by notice in writing, require a registered person to give the Regulator, within the period specified in the notice, such further information in relation to a notice given by the registered person under subsection (1) as the Regulator requires.
Subdivision F—Suspension, cancellation and surrender of registration