Current enforceable undertakings accepted by the Clean Energy Regulator include:
Nasir Kahloo improperly created small-scale technology certificates (STCs) arising from the provision of false information.
Nasir Kahloo undertakes to:
RETA (WA) Pty Ltd improperly created 3,115 Small-scale Technology Certificates (certificates) in contravention of section 24A of the Act.
RETA (WA) undertakes to:
EDL SA failed to comply with the reporting requirements under section 76 of the Act, as it:
Further, EDL SA:
EDL SA’s standard operating and compliance procedures did not identify errors made in relation to the reporting and notification requirements under the Act.
EDL SA and its executive officers were not aware of any errors in the offsets report and application for ACCUs at the time of submission.
EDL SA hereby undertakes to:
Acknowledge legislative obligation to ensure compliance
Rectify improperly made offsets reports and applications
Report in writing
Emerging Energy improperly created 15 878 STCs in contravention of section 24A of the Act.
In one matter, 5724 STCs were improperly created for the installation of 36 SGUs in NSW containing
Non-Compliant PV Panels. In another matter, 10 154 STCs were improperly created for the installation of 146 SGUs that were not installed by a Clean Energy Council (CEC) accredited installer.
In both matters Emerging Energy was unaware that the information provided to them by a third party was false.
Emerging Energy hereby undertakes to:
Green and Gold Solar Australia Pty Ltd improperly created, in contravention of section 24A of the REE Act, 3,262 Small-scale Technology Certificates (STCs) from 42 solar photovoltaic (PV) installations.
For solar PV installations to be eligible for STCs they must be compliant with all local, State or Territory Government requirements. Green and Gold’s compliance procedures did not identify, at the time of STC creation, that no Certificate of Electrical Safety had been lodged with Energy Safe Victoria and therefore, the installations did not meet Victorian Government requirements.
Green and Gold undertakes to:
P & N NSW Pty Ltd improperly created, in contravention of section 24 of the REE Act, 1058 Small-scale Technology Certificates (STCs) from 10 installations of solar photovoltaic (PV) panels that were non-compliant.
P & N NSW Pty Ltd’s compliance procedures did not identify, at the time of STC creation, that the solar PV panels were non-compliant solar PV panels.
P & N NSW Pty Ltd undertakes to:
10 August 2015
The Uniting Church in Australia (NSW) is a registered organisation under the
National Greenhouse and Energy Reporting Act 2007 (NGER Act). As a registered organisation the Church is required to provide a report to the Clean Energy Regulator each financial year relating to greenhouse gas emissions, energy consumption and energy production. The deadline for the 2013-2014 financial year was 31 October 2014, the Church did not meet this deadline and subsequently contravened the NGER Act.
Following the Churches cooperation and willingness to improve their procedures to ensure they comply with clean energy laws, the Clean Energy Regulator has accepted their offer of an Enforceable Undertaking.
The undertaking commits the Church to provide their emissions and energy reports on time for the next 3 financial years and to employ a consultant to complete their reports.
It is alleged Dr Green Sustainable Energy Pty Ltd breached s. 24B (1) of the
Renewable Energy (Electricity) Act 2000 by providing false and misleading information to a second person, with the expectation that the second person would rely on that information to create certificates.
The second person did in fact rely on that false information, and, as a result, created certificates for 31 installations which they were not entitled to create.
Dr Green Sustainable Energy Pty Ltd undertakes to, on or before 30 April 2014, have an independent Clean Energy Council accredited installer return to each installation site identified by the Clean Energy Regulator to inspect the installed PV system.
In the event that one or more system owners or residents cannot be contacted or do not wish to allow a re-inspection, Dr Green Sustainable Energy Pty Ltd also undertakes to provide to the Clean Energy Regulator a statutory declaration, made by a Dr Green director, listing all such system owners and residents, with a declaration that all reasonable steps have been made to contact them and offer them a re-inspection.
Upon completion of the inspections, Dr Green Sustainable Energy Pty Ltd undertakes to provide the Clean Energy Regulator with a statutory declaration, made by the nominated CEC installer, that the PV installations and electrical work meet the requirements for the issue of certificates.
It is alleged that Zypcom International Pty Ltd t/a Nextgen Solutions breached subsection 24B (1) of the Renewable Energy (Electricity) Act 2000 by providing false and misleading information to a second person, with the expectation that the second person would rely on that information to create certificates.
The second person did in fact rely on that false information, and, as a result, created certificates for 13 installations which they were not entitled to create.
Zypcom International Pty Ltd t/a Nextgen Solutions undertakes to, on or before 27 September 2013, have an independent accredited Clean Energy Council installer return to each installation site identified by the Clean Energy Regulator to inspect the installed PV system.
Inspections must only be undertaken with the approval of the system owner or resident.
It is alleged that breached subsection 24A (1) of the Renewable Energy (Electricity) Act 2000 by submitting false and misleading information into the REC Registry to create certificates.
The submission of the false information resulted in the improper creation of certificates for 3 installations where there was no entitlement to create.
Some of the enforceable undertakings listed above may have commenced under the Office of the Renewable Energy Regulator before its amalgamation with the Clean Energy Regulator on 2 April 2012.
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