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Current enforceable undertakings

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07 December 2017

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

Company or individual detailsEmerging Energy Solutions Group Pty Ltd (ACN 152953412)
LegislationRenewable 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.
Attachmentsdocumentasset::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 detailsPeng Chen
Legislation Renewable Energy (Electricity) Act 2000
Undertaking date11 July 2017
Circumstances

It is alleged Peng Chen 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 small scale technology certificates.

The second person did in fact rely on that false information, and, as a result, created certificates for 29 installations which they were not entitled to create.

Undertaking

Peng Chen undertakes to, on or before 30 September 2017, 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, Peng Chen also undertakes to provide to the Clean Energy Regulator the steps/activities that he has carried out to make contact with the owners of each relevant site.

Upon completion of the inspections, Peng Chen undertakes to provide the Clean Energy Regulator with a statutory declaration, made by the nominated CEC installer, that the small generation units (SGUs) either meet, or do not meet the requirement in the Renewable Energy (Electricity) Act 2000 and the Renewable Energy (Electricity) Regulations 2001 for the installation of a SGU and the subsequent creation of small scale technology certificates.

Peng Chen also undertakes to provide to the Clean Energy Regulator evidence of the inspection by the CEC-accredited installer of the site, including resubmission of all compliance paperwork including Certificates of Compliance – Electrical Work and photographs of the SGUs at the sites including panel serial numbers.

In the event that any inspection identifies issues with the installation of a particular SGU, Peng Chen undertakes to arrange for a new installation of the SGU or to remedy the defective part of the installation of any inspection identifies issues with the installation of a particular SGU, and to provide relevant evidence of having done so to the Clean Energy Regulator.

Attachments documentasset:Peng Chen – Enforceable undertaking

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 detailsClimate Friendly Pty Ltd
Legislation Section 237 of the Carbon Credits (Carbon Farming Initiative) Act 2011
Undertaking date

27 September 2016

Circumstances

It is alleged that Australian Carbon Traders made improper amendments to eligible interest holder consent forms submitted to the Regulator in relation to five (5) registered Emission Reduction Fund projects in accordance with section 25 of the Rule. The Regulator alleges these amendments gave the false impression that certain eligible interest holders had provided consent for the full project area, when they had not. As a consequence, not all relevant EIH consents have been obtained.

Climate Friendly’s monitoring, information and record management procedures did not, at the time of submission of the forms by Australian Carbon Traders, identify that forms had been improperly amended.

Undertaking

Climate Friendly hereby undertakes to:

  1. Obtain and resubmit to the Regulator, within one month of the date of this undertaking, new correct eligible interest holder consent forms for registered Emission Reduction Fund projects that are identified by the two Parties to this Undertaking as being impacted by the conduct outlined in clause 6;
  2. By agreement with project proponents, transition all projects for which ACT and Climate Friendly are currently co-agents to a single agent model, with Climate Friendly acting as that single agent within three months of the date of this Undertaking;
  3. Review internal standard operating, information and records management procedures related to emissions reduction fund projects and update these where necessary to ensure compliance with all relevant legislative requirements and the inclusion of additional due diligence measures, including but not limited to increased quality assurance, quality controls and management oversight of information or requests submitted to the Regulator within three months of the date of this Undertaking. The review and any necessary updated procedures will be finalised to the reasonable satisfaction of the Regulator;
  4. Commission an independent audit of Climate Friendly's standard operating and records management procedures related to emissions reduction fund projects within six months of the date of this Undertaking. The audit must be undertaken by a Category 2 Registered Greenhouse and Energy Auditor with demonstrated expertise and experience in performance audits of systems and processes holding, as a minimum, ASIC registered company auditor status. Professional membership of the Institute of Internal Auditors (PMIIA) would be an advantage in demonstrating expertise in this area; and
  5. Implement a training program within six months to ensure all staff, and where relevant implementing partners, receive training from suitably qualified staff or external consultants on implementation of standard operating, information and records management procedures. This program will be run on an annual basis for all staff, with extra sessions run for new staff.
Attachments Climate Friendly Pty Ltd - Enforceable Undertaking (105Kb)

Company or individual details​ Australian Carbon Traders Pty Ltd
LegislationSection 237 of the Carbon Credits (Carbon Farming Initiative) Act 2011
Undertaking date4 October 2016
Circumstances​

It is alleged that Australian Carbon Traders made improper amendments to eligible interest holder consent forms submitted to the Regulator in relation to five (5) registered Emission Reduction Fund projects in accordance with section 25 of the Rule. The Regulator alleges these amendments gave the false impression that certain eligible interest holders had provided consent for the full project area, when they had not. As a consequence, not all relevant EIH consents have been obtained.

Climate Friendly Pty Ltd monitoring, information and record management procedures did not, at the time of submission of the forms by Australian Carbon Traders, identify that forms had been improperly amended.

Undertaking

Australian Carbon Traders hereby undertakes to:

  1. By agreement with project proponents, transition all projects for which Australian Carbon Traders and Climate Friendly are currently co-agents to a single agent model, with Climate Friendly acting as that single agent within three months of the date of this Undertaking;
  2. Institute a documented record keeping system within three months of the date of this Undertaking;
  3. Institute a project management system to track and manage compliance with all relevant legislative requirements within three months of the date of this Undertaking; and
  4. Review internal standard operating, information and records management procedures related to emissions reduction fund projects and update where necessary to reflect the introduction of (c) and (d) above. The review and any necessary updated procedures will be completed to the reasonable satisfaction of the Regulator within three months of the date of this Undertaking.
Attachments Australian Carbon Traders Pty Ltd - Enforceable Undertaking (91Kb)
​​​
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.

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