93Below‑baseline certificates

93  Below‑baseline certificates

 (1) If a facility has a legacy baseline, a REGO certificate created in respect of the eligible amount of electricity for the facility and a time period that falls within a calendar year is a below‑baseline certificate unless:

 (a) the calendar year begins after 31 December 2030; or

 (b) the amount of renewable electricity generated by the facility in the calendar year before the start of the time period is equal to or greater than the facility’s legacy baseline; or

 (c) the certificate is covered by the rules.

 (2) If a facility has a legacy baseline, a REGO certificate created in respect of the residual amount for the facility and a calendar month that falls within a calendar year is a below‑baseline certificate unless:

 (a) the calendar year begins after 31 December 2030; or

 (b) the amount of renewable electricity generated by the facility in the calendar year before the start of the calendar month is equal to or greater than the facility’s legacy baseline; or

 (c) the certificate is covered by the rules.

 (3) For the purposes of subsections (1) and (2), the amount of renewable electricity generated by a facility in a calendar year before the start of a particular time period is to be worked out in accordance with the Renewable Energy (Electricity) Regulations 2001.

Note: See also subsection 18(3) of the Renewable Energy (Electricity) Act 2000.