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Compliance Update 1 January – 31 March 2023

30 May 2023

Our Compliance Update keeps you informed of activities related to our Compliance and Enforcement Priorities and other important information to help you comply with our schemes.

Civil Proceedings against Solar PV installation company and Directors

The Agency has commenced civil proceedings against E Connect Solar & Electrical Pty Ltd (ACN 625797337) and two individuals - a current and former director for contravening the Renewable Energy (Electricity) Act 2000 by providing false information about who had completed 38 solar PV installations in late 2019 and early 2020. The false information was subsequently relied upon by a renewable energy certificate agent to improperly create small-scale technology certificates (STCs) in the Renewable Energy Certificate Registry.

A penalty hearing took place in Brisbane in the Federal Court on 23 March 2023, Justice Derrington has reserved his decision.

Notice of intention to disqualify installer from SRES

A notice of intention to declare an installer as ineligible to participate in the small-scale renewable energy scheme has been issued to an installer. The installer has 28 days to respond before a final decision is made.

This is the first time that the Agency has exercised the additional powers to disqualify an installer since amendments to the Renewable Energy (Electricity) Regulations 2001 that granted the agency additional powers. Once made, declarations will be published on our website.

Renewable energy power stations suspended for failing to submit electricity generation returns

Accredited power stations must submit an electricity generation return (EGR) by 14 February to report on their electricity production during the prior calendar year as well as to make required compliance statements.

Twelve power stations have had their accreditation suspended and will not be eligible to create Large-scale Generation Certificates until they submit an EGR.

  • Of the 2,030 active power stations, 95% submitted their EGR on time.
  • Following warning of potential suspension, compliance increased to 98.8%.
  • Steps will be immediately taken to suspend late submitters if they are late again.

Ongoing investigation results in Registry conditions

Australian National Registry of Emissions Units (Registry) account holders are reminded that the Australian National Registry of Emissions Units Act 2011 (ANREU Act) prohibits the sharing of log in details and passwords. Those found to be allowing others unauthorised access to Registry accounts can face civil penalties of up to $2.7million per contravention.

As part of an on-going investigation, the Clean Energy Regulator (CER) has identified that a Registry account owner appears to have been allowing persons other than an authorised representative access to their Registry account. In doing so, the unauthorised person has made transactions in the account. To protect the integrity of the Registry, and prevent further abuse, the CER has placed conditions, with immediate effect, on the account. These conditions will prevent any transfers being made without the prior express consent of the CER. The agency’s investigation is ongoing.

Compliance and assurance for the ACCU Scheme

This documentasset:Australian Carbon Credit Unit (ACCU) Scheme Compliance and Assurance Framework paper is the first of a series of products that respond to a key recommendation of the Independent Review of Australian Carbon Credit Units (the ACCU review) on the need for simple documents to better explain the scheme. This paper outlines the CER’s compliance and assurance approach for the ACCU scheme. It assumes some familiarity with the ACCU scheme and the Human Induced Regeneration method. For a simple explanation of the HIR method, please see: Human-induced regeneration of a permanent even-aged native forest.

High rates of compliance with the NGER reporting deadline continue, focus on changes in oil and gas reporting

National Greenhouse and Energy Reporting (NGER) reports for the 2021–22 reporting period were due by 31 October 2022. Only 22 reporters (2.3%) failed to report on time. All but three reporters have since submitted their reports.

Of the late reporters, 60% had dropped below NGER thresholds for the 2021-22 reporting year. Companies should remember that if they are still registered on 31 October, they are required to submit an NGER report for the previous financial year, even if they were below threshold for that period.

Assessment of 2021–22 NGER reports in line with our compliance priorities has been completed. Reporters have been implementing the new legislative amendments related to reporting of fugitive emissions for oil, coal and gas industries. A sample of reporters within different parts of these industries have been selected for audit to examine application of the new requirements. Reporters with ongoing compliance issues may face actions including compulsory audits, enforceable undertakings and penalty infringement notices.

Enforceable Undertakings

Mr Aman Singh Dhakla and Remec International Pty Ltd trading as Remec Power (Remec Power) (ACN) 619 977 650

Mr Dhakla and Remec Power have completed all commitments within their enforceable undertaking. Mr Dhakla and Remec Power are no longer subject to any compliance action by the agency.

See all Current and Completed Enforceable Undertakings.

If you have information on potential fraudulent or non-compliant behaviour, report it today or contact Whispli.

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