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Commonwealth legislation
The Regulations implement Australia’s Renewable Energy Target by setting rules for large-scale generators (creating Large‑scale Generation Certificates) and small systems and solar water heaters (creating Small‑scale Technology Certificates, with batteries eligible from 2025). They require registration, accreditation, metering and reporting, enable certificate trading, and impose compliance and inspection measures. The scheme affects generators, installers and electricity retailers, using market incentives to drive investment in renewable electricity.
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Direct links to the current provisions in Renewable Energy (Electricity) Regulations 2001.
These Regulations are the Renewable Energy (Electricity) Regulations 2001.
(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.
battery, in relation to a battery connected (solar PV) small generation unit, includes a single battery or a group of batteries connected to operate as a single battery.
battery connected (solar PV) small generation unit: see regulation 3C.
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.
Note: 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.
digital identity of an individual means a distinct electronic representation of the individual that enables the individual to be sufficiently distinguished when interacting online with services.
document verification service means the service known as the Australian Government Document Verification Service, or that service continuing in existence with a different name.
identity evidence, for a person: see subregulation 20Q(1).
identity service provider means an accredited participant in the system known as the Australian Government Digital Identity System, or that system continuing in existence with a different name, that provides a service that generates, manages, maintains or verifies information relating to the identity of an individual.
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.
National Electricity (NT) Rules has the same meaning as in the National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 (NT), as in force from time to time.
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.
nominal capacity, in relation to a battery for a battery connected (solar PV) small generation unit, means the amount of energy (measured in kWh) specified as the nominal capacity for the battery in the list of approved batteries (as existing from time to time) that is published by the person to whom regulation 20AE applies.
Note: The list of approved batteries could in 2025 be viewed on the Clean Energy Council’s website (https://cleanenergycouncil.org.au).
NTESMO has the same meaning as in the National Electricity (NT) Rules.
Note: See item 99A of Schedule 2 to the National Electricity (Northern Territory) (National Uniform Legislation) (Modification) Regulations 2016 (NT), as in force from time to time.
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 means a Regional Forest Agreement within the meaning of the Regional Forest Agreements Act 2002.
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.
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.
useable capacity, in relation to a battery for a battery connected (solar PV) small generation unit, means the amount of energy (measured in kWh) specified as the useable capacity for the battery in the list of approved batteries (as existing from time to time) that is published by the person to whom regulation 20AE applies.
Note: The list of approved batteries could in 2025 be viewed on the Clean Energy Council’s website (https://cleanenergycouncil.org.au).
(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; (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. (3) To avoid doubt, and without limiting paragraph (2)(c), a device whose energy source is solar (photovoltaic) and that is connected to a battery is taken to be a device for the purposes of that paragraph.
(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 (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.
(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.
A small generation unit installed at a premises is a battery connected (solar PV) small generation unit if: (a) the small generation unit is a solar (photovoltaic) system; and (b) the system is connected (directly or indirectly) to a battery also installed at the premises.
Note: Additional certificates for a small generation unit that is a battery connected (solar PV) small generation unit may be created in accordance with regulations 19D and 20 if the conditions under regulation 20ACA are satisfied.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
These Regulations are the Renewable Energy (Electricity) Regulations 2001.
(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.
battery, in relation to a battery connected (solar PV) small generation unit, includes a single battery or a group of batteries connected to operate as a single battery.
battery connected (solar PV) small generation unit: see regulation 3C.
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.
Note: 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.
digital identity of an individual means a distinct electronic representation of the individual that enables the individual to be sufficiently distinguished when interacting online with services.
document verification service means the service known as the Australian Government Document Verification Service, or that service continuing in existence with a different name.
identity evidence, for a person: see subregulation 20Q(1).
identity service provider means an accredited participant in the system known as the Australian Government Digital Identity System, or that system continuing in existence with a different name, that provides a service that generates, manages, maintains or verifies information relating to the identity of an individual.
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.
National Electricity (NT) Rules has the same meaning as in the National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 (NT), as in force from time to time.
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.
nominal capacity, in relation to a battery for a battery connected (solar PV) small generation unit, means the amount of energy (measured in kWh) specified as the nominal capacity for the battery in the list of approved batteries (as existing from time to time) that is published by the person to whom regulation 20AE applies.
Note: The list of approved batteries could in 2025 be viewed on the Clean Energy Council’s website (https://cleanenergycouncil.org.au).
NTESMO has the same meaning as in the National Electricity (NT) Rules.
Note: See item 99A of Schedule 2 to the National Electricity (Northern Territory) (National Uniform Legislation) (Modification) Regulations 2016 (NT), as in force from time to time.
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 means a Regional Forest Agreement within the meaning of the Regional Forest Agreements Act 2002.
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.
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.
useable capacity, in relation to a battery for a battery connected (solar PV) small generation unit, means the amount of energy (measured in kWh) specified as the useable capacity for the battery in the list of approved batteries (as existing from time to time) that is published by the person to whom regulation 20AE applies.
Note: The list of approved batteries could in 2025 be viewed on the Clean Energy Council’s website (https://cleanenergycouncil.org.au).
(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; (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. (3) To avoid doubt, and without limiting paragraph (2)(c), a device whose energy source is solar (photovoltaic) and that is connected to a battery is taken to be a device for the purposes of that paragraph.
(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 (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.
(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.
A small generation unit installed at a premises is a battery connected (solar PV) small generation unit if: (a) the small generation unit is a solar (photovoltaic) system; and (b) the system is connected (directly or indirectly) to a battery also installed at the premises.
Note: Additional certificates for a small generation unit that is a battery connected (solar PV) small generation unit may be created in accordance with regulations 19D and 20 if the conditions under regulation 20ACA are satisfied.
These Regulations are the Renewable Energy (Electricity) Regulations 2001.
(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.
battery, in relation to a battery connected (solar PV) small generation unit, includes a single battery or a group of batteries connected to operate as a single battery.
battery connected (solar PV) small generation unit: see regulation 3C.
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.
Note: 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.
digital identity of an individual means a distinct electronic representation of the individual that enables the individual to be sufficiently distinguished when interacting online with services.
document verification service means the service known as the Australian Government Document Verification Service, or that service continuing in existence
This is an opening excerpt, not the complete document.