Skip Ribbon Commands
Skip to main content

Current enforceable undertakings

Suggested Reading Suggested Reading

26 June 2020

​Current enforceable undertakings accepted by the Clean​​​ Energy Re​gulator include:

Company or individualMr Ryan Mulhern
Legislation
Renewable Energy (Electricity) Act 2000
Undertaking date29 May 2020
Circumstances

Mr Ryan Mulhern submitted false information to a second party, being information that Mr Mulhern was either the Clean Energy Council (CEC) accredited installer, or supervised the installation of various solar photovoltaic (PV) systems in accordance with the Renewable Energy (Electricity) Act 2000 and Renewable Energy (Electricity) Regulations 2001. The second party relied on the false information to create small-scale technology certificates (STCs).

STCs for these solar PV systems have been failed and cannot be recreated.

Undertaking

Mr Mulhern undertakes to:

  1. Complete an audit of his business records from 1 January 2019 through to the date the Undertaking is signed, with the purpose of identifying any further instances where Mr Mulhern did not complete the solar PV system installation but signed off on the associated compliance paperwork.
  2. Provide the agency with a list of any further installations identified by (a) above.
  3. In respect of the solar PV system installations set out in Schedule 1 of the Undertaking, and any further installations identified by (a) above:
    1. obtain consent from the owner or occupier of the site to inspect the solar PV system
    2. arrange for a CEC accredited installer(s) to inspect the solar PV system, and
    3. in the event the inspection detects any defects with the solar PV system, rectify those defects or arrange for a new installation of the solar PV system.
  4. Provide monthly written reports as to the progress made in respect of the inspection/rectification of solar PV systems set out at Schedule 1 of the Undertaking, and any further installations identified by (a) above.
  5. Provide evidence of inspections and any rectification work completed.
Attachments Enforcable Undertaking - Mr Ryan Mulhern (PDF 1.6MB)
Company or individualCountry Carbon Pty Limited (ACN 152 922 408)
Legislation
Carbon Credits (Carbon Farming Initiative) Act 2011
Undertaking date28 May 2020
Circumstances

The Clean Energy Regulator has accepted an enforceable undertaking offered by Country Carbon Pty Limited (Country Carbon) to address compliance issues under the Carbon Credits (Carbon Farming Initiative) Act 2011 and related contracts.

The enforceable undertaking was accepted under the Carbon Credits (Carbon Farming Initiative) Act 2011.

Undertaking

The Enforceable Undertaking has the effect of requiring Country Carbon to put in place acceptable oversight and business practices to ensure that it meet its obligations under the law, under contracts, and maintains its Fit and Proper Person status. The Enforceable Undertaking has a duration of two years.

Attachments Enforceable Undertaking – Country Carbon Pty Limited (PDF 5.9MB).pdf
Company or individualTrina Solar (Australia) Pty Ltd (ACN 150 695 524)
Legislation
Renewable Energy (Electricity) Act 2000
Undertaking date7 May 2020
Circumstances

The Clean Energy Regulator has accepted an enforceable undertaking offered by Trina Solar (Australia) Pty Ltd (Trina Solar) to address any ineligible solar panel serial numbers that were uploaded by Trina Solar into the Solar Panel Validation Service. Ineligible means that the panels were not eligible for small-scale technology certificates (STCs).

The enforceable undertaking was accepted under the Renewable Energy (Electricity) Act 2000

Undertaking

Trina Solar undertakes to:

  1. offer to replace affected solar PV panels, free of charge, where the panels have not yet been installed
  2. offer to replace affected solar PV panels, free of charge, where the panels have been installed
  3. surrender an equivalent number of created STCs to the Clean Energy Regulator within 30 days of an offer to replace Solar PV panels being declined by the owner
  4. complete any replacement or reinstallation of affected solar PV panels within 12 months
  5. provide assurance to the Clean Energy Regulator as to the safety, quality and warranty support for panels that do not meet the CEC approve module listing requirements and have been supplied and/or installed, and
  6. undertake compliance testing of solar PV panels as requested by the Clean Energy Regulator.
Attachments Enforceable Undertaking - Trina Solar (Australia) Pty Ltd (PDF 3.2MB).pdf
Company or individualGB Environmental Trading Pty Ltd (ACN 604 328 734)
Legislation
Renewable Energy (Electricity) Act 2000
Undertaking date24 October 2019
Circumstances

GB Environmental unknowingly received false information from a third party relating to the purported designer and installer of seven small-generation units (SGUs). GB Environmental subsequently, in contravention of section 24A(1) of the Act, relied on that information to improperly create 1128 small-scale technology certificates (STCs).

In addition, GB Environmental unknowingly received false information from a different third party in relation to the purported installation of 25 SGUs. It has been discovered for 10 SGUs no such system was installed. The existence of the remaining 15 SGUs will be confirmed as part of the Undertaking.

Undertaking

GB Environmental Trading Pty Ltd undertakes to:

Inspect installations

  1. in respect of the installations set out in Annexure A on the undertaking:
    1. arrange for a CEC accredited installer(s) to inspect the solar PV system installations
    2. in the event these inspections detect any sub-standard PV systems, rectify the installation to meet electrical standards at time of installation
    3. in the event these inspections detect solar PV systems have not been installed, advise the Clean Energy Regulator and surrender an equivalent amount of STCs to those created for the SGUs
  2. in respect of installations set out in Annexure B of the undertaking:
    1. inspect the unverified non-installation sites
    2. in the event these inspections detect SGUs have been installed, provide evidence of the existing SGUs
    3. in the event these inspections detect SGUs have not been installed, surrender an equivalent amount of STCs to those created

Surrender of Certificates

  1. surrender 2702 STCs, equivalent to the amount created for SGUs at the Non-Installation Sites identified in Annexure C of the undertaking
    1. within three months of this undertaking coming into effect, surrender 1351 STCs
    2. within six months of this Undertaking coming into effect, surrender a further 1351 STCs

Compliance Program

  1. implement GB Environmental’s compliance regime in accordance with the Compliance Program at Annexure D, including active participation in solar panel validation and completion of SRES Smart
  2. maintain and continue to implement the Compliance Program for a period of two years from the date of this Undertaking coming into effect, and
  3. provide a copy of any documents required by the Clean Energy Regulator.

Attachments Enforceable undertaking - GB Environmental (PDF 4.7MB).pdf
Company or individualMore Green Energy Pty Ltd (ABN: 39 607 340 312)
Legislation Renewable Energy (Electricity) Act 2000
Undertaking date18 October 2019
Circumstances

More Green Energy Pty Ltd improperly created 5,090 small-scale technology certificates (STCs) from 44 installations of non-compliant solar photovoltaic (PV) panels.

More Green Energy Pty Ltd's compliance procedures did not identify that the solar PV panels were non-compliant at the time of STC creation.

Undertaking

More Green Energy Pty Ltd undertakes to:

  1. implement a Compliance Program for two years and provide a copy to the Clean Energy Regulator within four months
  2. validate solar PV panels using SPV before creating STCs where More Green Energy Pty Ltd purchases, installs or aggregates STCs for installations that contain solar PV panels owned by current approved manufactures listed on the Solar Panel Validation (SPV) Initiative
  3. administer training to all directors, employees and contractors annually to ensure that up to date knowledge is maintained regarding responsibilities under all relevant laws
  4. rectify the installation of the existing non-compliant solar PV panels and improper creation of STCs within twelve months
  5. surrender 2,814 STCs registered from 24 installations containing non-compliant panels and replace all solar PV panels on these installations. More Green Energy Pty Ltd will not recreate, or facilitate the creation of STCs for these replacement installations
  6. rectify 20 installations, pending registration in a manner which meets all regulatory requirements so that the Clean Energy Regulator may register STCs in accordance with the Act, and
  7. not take steps to deregister as a company without the approval of the Clean Energy Regulator.
Attachments Enforceable Undertaking - More Green Energy Pty Ltd (PDF 3.02MB)
Company or individualNasir Taimoor Kahloo
Legislation Renewable Energy (Electricity) Act 2000
Undertaking date22 July 2019
Circumstances

Nasir Kahloo improperly created small-scale technology certificates (STCs) arising from the provision of false information.

Undertaking

Nasir Kahloo undertakes to:

  1. at his expense, remove and replace 41 existing non-compliant solar photovoltaic (PV) systems within six months of this Undertaking coming into effect,
    1. write to the owners/occupiers of the sites to obtain consent to the removal and disposal of the existing systems and their replacement with new compliant systems
    2. remove and properly dispose of the existing systems at each site
    3. replace existing systems with new, compliant systems, using CER approved, CEC accredited designer/s and installer/s
    4. validate the replacement panel serial numbers
  2. not seek or cause creation of STCs for the 41 new compliant PV systems,
  3. report to the Clean Energy Regulator every month, and
  4. disengage completely from the solar panel industry, including promotion, trade, sale, supply, and installation for a period of 3 years once he has completed the Undertaking.
Attachments Enforceable Undertaking – Nasir Taimoor Kahloo (PDF 193kB)
Company or individualRETA (WA) Pty Ltd
Legislation Renewable Energy (Electricity) Act 2000
Undertaking date12 March 2019
Circumstances

RETA (WA) Pty Ltd improperly created 3,115 Small-scale Technology Certificates (certificates) in contravention of section 24A of the Act.

Undertaking

RETA (WA) undertakes to:

  1. surrender 3,068 certificates, equivalent to the amount created for SGUs that had not been installed;
  2. Surrender 47 certificates, equivalent to the amount of certificates over created for SGUs that contain less solar panels than claimed;
  3. at its own expense, establish a Compliance Program that is designed to minimise RETA (WA)’s risk of future contraventions of the Act and Regulations; and
  4. maintain and continue to implement the Compliance Program for a period of two years from the date of this Undertaking coming into effect.
Attachments Enforceable Undertaking - RETA (WA) Pty Ltd
Company or individual detailsEmerging Energy Solutions Group Pty Ltd (ACN 152953412)
Legislation Renewable Energy (Electricity) Act 2000
Undertaking date1 December 2017
Circumstances

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.

Undertaking

Emerging Energy hereby undertakes to:

  1. at its own expense, update its compliance program, being a program designed to minimise Emerging Energy’s risk of future contraventions of the Act and Regulations
  2. within nine months of the date of this Undertaking coming into effect, surrender 5724 STCs equivalent to the amount created for SGUs containing Non-Compliant PV P​anels
  3. within 12 months of the date of this Undertaking coming into effect:
    1. surrender 10 154 STCs equivalent to the amount created from the SGUs not installed by a CEC accredited installer
    2. inspect the SGUs not installed by a CEC accredited installer, using a CEC-accredited installer (or installers) agreed with the Regulator
    3. rectify SGUs to ensure they meet all Regulatory Requirements
    4. validate the serial numbers for the solar PV panels not installed by a CEC accredited installer, and
    5. where a manufacturer identifies Non-Compliant PV Panels:
      1. obtain consent to replace the Non-Compliant PV Panels with Compliant PV Systems
      2. replace, using a CEC-accredited installer (or installers) agreed with the Regulator, the Non-Compliant PV Panels with a Compliant PV System, in a manner which meets all Regulatory Requirements
      3. not create STCs for the Compliant PV System, and
      4. dispose of all Non-Compliant PV Panels removed.
  4. report to the Regulator every three months, and
  5. in the event of a change in ownership or change of directors of Emerging Energy, bring the existence of the EU to the attention of the new owners/directors and provide them a copy of the EU or direct them to the website of the Clean Energy Regulator.
Attachments documentasset::Enforceable Undertaking - Emerging Energy
Company or individual detailsUniting Church in Australia Property Trust (NSW) ABN 77 005 284 605
Legislation National Greenhouse and Energy Reporting Act 2007
Undertaking date

10 August 2015

Circumstances

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.

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.

Attachments Uniting Church enforceable undertaking (PDF 1.4 MB)
Company or individual detailsDr Green Sustainable Energy Pty Ltd
Legislation Renewable Energy (Electricity) Act 2000
Undertaking date14 March 2014
Circumstances

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.

Undertaking

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.

Attachments Dr Green Sustainable Energy Pty Ltd - Enforceable undertaking (PDF 250 kB)
Company or individual detailsZypcom International Pty Ltd t/a Nextgen Solutions
ACN 110 195 670
Legislation Renewable Energy (Electricity) Act 2000
Undertaking date9 July 2013
Circumstances

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.

Undertaking

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.

Attachments Zypcom International Pty Ltd - Enforceable undertaking (PDF 322 kB)
Company or individual detailsZahid Maqsood Chaudhary
Legislation Renewable Energy (Electricity) Act 2000
Undertaking date9 July 2013
Circumstances

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.

UndertakingZahid Maqsood Chaudhary 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.
Attachments Zahid Maqsood Chaudhary - Enforceable undertaking (PDF 341 kB)

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.

Documents on this page Documents on this page

Was this page useful?

LEAVE FEEDBACK
 
 
preload-image-only preload-image-only preload-image-only preload-image-only preload-image-only preload-image-only preload-image-only preload-image-only preload-image-only