Victorian Renewable Energy Act 2006
72Certificate surrender notice
Start here
Get a plain-English read of 72
Turn the raw legal text into a practical explanation grounded in Victorian Renewable Energy Act 2006.
72 Certificate surrender notice
(1) If the ESC believes on reasonable grounds that a nominated person or a registered person is in breach of an undertaking given under Division 1, 3 or 9 of Part 2 relating to the creation of certificates, the ESC may issue a certificate surrender notice to that person.
(2) The ESC must not issue a certificate surrender notice under this section unless the ESC has, as the case requires, suspended—
(a) under section 47(1)(b), the registration of the registered person;
(b) under section 51(1)(b), the accreditation of the power station in relation to which certificates have been created in breach of the undertaking.
(3) The notice must—
(a) set out the name and postal address of the registered person or nominated person; and
(b) specify the number of certificates that must be surrendered to the ESC; and
(c) specify the time within which the certificates specified must be surrendered.
(4) The number of certificates that must be surrendered must be equivalent to the number of certificates created and registered under this Act—
(a) in the case of a breach of an undertaking under Division 1 of Part 2—in relation to the small generation unit in relation to which Commonwealth certificates were also created;
(b) in the case of a breach of an undertaking under Division 3 or 9 of Part 2—utilising the scheme capacity of the accredited power station of the nominated person that was also utilised to create Commonwealth certificates.
(5) The certificate surrender notice must include a statement advising the registered person or nominated person that if the number of certificates specified in the notice to be surrendered is not surrendered in accordance with the notice, the ESC may apply to a court for an order under section 73.
(6) A certificate surrendered in accordance with a certificate surrender notice is not to be counted toward a person's compliance with section 61.
(7) To avoid doubt, it is not an excuse for a failure to comply with a certificate surrender notice that the person to whom the notice is issued is not, at the time the notice is issued, the registered owner of a sufficient number of certificates to comply with the notice.