Skip Ribbon Commands
Skip to main content
Sign In

Current enforceable undertakings

Suggested Reading Suggested Reading

17 August 2018

​Current enforceable undertakings accepted by the Clean​​​ Energy Regulator include:

Company or individualEDL LFG (SA) PTY LTD
Legislation Carbon Credits (Carbon Farming Initiative) Act 2011, Carbon Credits (Carbon Farming Initiative) Regulations 2011, Carbon Credits (Carbon Farming Initiative) Rule 2015 and Methodology Determinations made under section 106 of the Act.
Undertaking date29 June 2018
Circumstances

EDL SA failed to comply with the reporting requirements under section 76 of the Act, as it:

  1. did not submit an offsets report for the first reporting period within 6 months of the end of the reporting period as required under subparagraph 76(4)(e)(i) of the Act;
  2. did not submit an offsets report for the second reporting period within 6 months of the end of the reporting period as required under subparagraph 76(4)(e)(i) of the Act;
  3. did not provide an initial audit report with the offsets report for the first reporting period for the project as required under paragraph 76(4)(c) of the Act and section 72 of the Rule.
  4. provided an offsets report for the first reporting period that did not commence at the start of the crediting period as required under subparagraph 76(1)(b)(i) of the Act.

Further, EDL SA:

  1. did not notify the Regulator within 90 days of ceasing to be project proponent for the Project as required under subsection 78(2) of the Act; and
  2. made incorrect statements in an application for Certificate of Entitlement made under section 13 of the Act regarding the legal right to carry out the project and audit requirements.

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.

Undertaking

EDL SA hereby undertakes to:

Acknowledge legislative obligation to ensure compliance

  1. within 2 months of the date of this Undertaking coming into effect, provide a signed written acknowledgement to the Regulator from its Directors, that the Directors understand their obligations under Part 20 of the Act to take reasonable steps to prevent civil penalty contraventions under the Act, and outline the steps taken to understand these obligations, which should include receiving independent legal advice;

Rectify improperly made offsets reports and applications

  1. within 3 months of the date of this Undertaking coming into effect, submit to the Regulator offsets reports and applications for ACCUs, accompanied by audit reports for the initial and subsequent reporting periods for the Project, that are compliant with the reporting requirements under section 76 of the Act (with the exception of the requirement under subparagraph 76(4)(e)(i) of the Act that the offsets report for the project for the reporting period must be given within 6 months after the end of the reporting period);

Compliance Program

  1. at its own expense and by no later than the date which is 6 months of the date of this Undertaking coming into effect, establish and implement a Compliance Program in accordance with the requirements set out in Annexure A, being a program designed to ensure EDL SA meets it obligations under the ERF legislative requirements, and report to the Regulator in writing about the Compliance Program in accordance with the reporting requirements set out in Annexure A;
  2. maintain and continue to implement the Compliance Program for a period of 2 years from the date of this Undertaking coming into effect; and
  3. provide a copy of any documents reasonably required by the Regulator in accordance with Annexure A;

Report in writing

  1. report to the Regulator, in writing in accordance with the requirements set out in Annexure A; and
  2. provide, at the request of the Regulator, such information the Regulator requires in order to assess EDL SA’s compliance with the Undertaking.
Attachments Enforceable Undertaking - EDL LFG (SA) Pty Ltd (PDF 178kB)
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 detailsGREEN AND GOLD SOLAR AUSTRALIA PTY LTD (ACN 146516074)
Legislation Renewable Energy (Electricity) Act 2000
Undertaking date27 October 2017
Circumstances

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.

Undertaking

Green and Gold undertakes to:

  1. Develop and implement new compliance procedures within two months. The procedures will be provided to the Regulator on request.
  2. Commission the inspection, by an independent Licensed Electrical Inspector, of all 42 solar PV installations.
  3. Rectify all faults or non-compliances identified through these inspections.
  4. Submit compliant Certificates of Electrical Safety to Energy Safe Victoria.
  5. Report monthly to the Regulator in writing.
  6. Pay all costs associated with the undertaking.
Attachments Documentasset: Enforceable Undertaking - Green and Gold Solar Australia
Company or individual detailsP & N NSW Pty Ltd (ABN: 145998929)
Legislation Renewable Energy (Electricity) Act 2000
Undertaking date21 July 2017
Circumstances

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.

Undertaking

P & N NSW Pty Ltd undertakes to:

  1. Implement a Compliance Program and provide a copy to the Clean Energy Regulator within two months.
  2. Rectify the installation of the existing non-compliant PV panels and improper creation of STCs within six months. P & N NSW Pty Ltd will surrender 1058 STCs created from 10 installations containing unapproved panels and replace all panels on these systems. P & N NSW will not recreate, or facilitate the creation of STCs for these replacement systems.
  3. Establish a Serial Number Validation Program and:
    1. within 12 months validate identified solar PV module serial numbers for 78 installations. P & N NSW Pty Ltd will voluntarily surrender all STCs where unapproved panels are identified, facilitate the replacement by a CEC-accredited installer of all panels on these systems containing unapproved panels and will not create, or facilitate the creation of STCs for these replacement systems.
    2. within 18 months validate identified solar PV module serial numbers for 100 installations. P & N NSW Pty Ltd will facilitate the replacement by a CEC-accredited installer of all panels on these systems containing unapproved panels and will not create, or facilitate the creation of STCs for these replacement systems. Where homeowners do not consent to the replacement of panels, P & N NSW Pty Ltd will surrender STCs for these installations.
  4. Report to the Clean Energy Regulator monthly.
  5. Fund the Clean Energy Regulator’s testing of four solar PV panels held by P & N NSW Pty Ltd to determine whether the panels have the necessary attributes for accreditation or continuing accreditation.
  6. Not take steps to deregister as a company without the approval of the Clean Energy Regulator.
Attachments documentasset:P & N NSW Pty Ltd - Enforceable undertaking

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