Our role in administering Large-scale Renewable Energy Target accreditation for power stations

Under the Large-scale Renewable Energy Target, the Clean Energy Regulator is responsible for accrediting power stations as eligible to participate in the scheme, ensuring compliance with the scheme and taking action to suspend their entitlements under the scheme if necessary.

Accrediting power stations

To participate in the Large-scale Renewable Energy Target, all power stations must pass a rigorous accreditation process conducted by the Clean Energy Regulator before they are eligible to participate in the scheme.  The process is undertaken under the Renewable Energy (Electricity) Act 2000 .  Once the power station is accredited under the Act, the authorised representative of the power station may create large-scale generation certificates based on the amount of additional electricity generated by the power station from renewable energy sources each year.

A power station is eligible for accreditation under the Large-scale Renewable Energy Target if some or all of the power generated by the power station is generated from an eligible energy source, and the power station satisfies any legal requirements (such as obtaining approvals under relevant state or territory law). Power stations that seek Large-scale Renewable Energy Target accreditation may be new or existing businesses that are co-fired, or dedicated renewable energy power stations.

During the Large-scale Renewable Energy Target accreditation process, the Clean Energy Regulator checks if the power station:

• is using the required components to generate renewable electricity  and appropriate metering to record it
• is using the 1997 renewable power baseline
• has obtained the required planning and development approvals, permits, environmental permits, construction certificates and an electricity generation licence issued by Commonwealth, state, territory and local government authorities, and
• has any allegations or findings by a relevant authority, tribunal or court of non-compliance with relevant Commonwealth, state and territory laws, and, if so, whether it has taken steps to rectify the issue.

Ongoing compliance responsibilities

All accredited power stations are required to undertake a compliance self-assessment as part of submitting their annual electricity generation return, and complete a 'standing notice' each time they create large-scale generation certificates in the REC Registry. 

Each time a form is submitted, the power station is required to declare in writing to the Clean Energy Regulator that it is and has been compliant with the scheme and all relevant Commonwealth, state and territory laws.

Giving false or misleading information or documents to the Commonwealth is a serious offence under the Criminal Code, which is the Schedule to the Criminal Code Act 1995.

Complaints about LRET accredited power stations

Power stations may require a number of state and/or local authority approvals, including planning approvals before they can be accredited under the Large-scale Renewable Energy Target.  These approvals may include a number of conditions including location and operational noise.

Power stations that participate in the Large-scale Renewable Energy Target are just like any other business, and allegations about community impacts should be referred to the appropriate state, territory and local government authority. 

State, territory and local government authorities are responsible for investigating complaints about power stations that relate to the approvals they issue, and legislation they administer. For example, if the issue relates to alleged non-compliance with a planning matter, the issue should be raised with the relevant state or territory authority that issued the planning approval.

The Clean Energy Regulator monitors information about the industry generally, but does rely on state, territory and local government authorities to inform us that a breach of their laws is suspected or has occurred.  We actively engage with our state and territory based colleagues to ensure that we have as much information as possible about potential breaches of the law.  When we become aware of a matter that might lead to a suspension or cancellation of entitlements under the scheme, we investigate the matter using specialist teams.

If you are concerned about a power station operating in your area, you should contact the appropriate local, state or territory government body . 

Taking action

There are a number of circumstances in which the Clean Energy Regulator may suspend the accreditation of a power station under the Large-scale Renewable Energy Target, including where the Clean Energy Regulator has reasonable grounds to believe a power station is being operated in contravention of state, territory, or local government law.

A power station that has had their accreditation suspended under the Large-scale Renewable Energy Target cannot claim large-scale generation certificates for any electricity generated during the suspension period. However, accreditation under the Large-scale Renewable Energy Target is not a licence to operate, and a power station that has had its accreditation suspended under can continue to operate as a business outside of the scheme.

An accreditation suspension will remain in place until the Clean Energy Regulator believes the power station is no longer being operated in contravention of state, territory, or local government law and steps have been taken to rectify all non-compliance issues.

Decisions in relation to the suspension of accreditation of a Large-scale Renewable Energy Target power station is made having regard to the actions of relevant state, territory and local government authorities. 

The Clean Energy Regulator does not have the power to prosecute breaches of local laws, issue rectification orders or take legal action to ensure compliance with local laws—these are matters that rest solely with the relevant bodies that have those powers and responsibilities.

Any power station whose accreditation has been suspended under the Large-scale Renewable Energy Target has the right to seek a review of the Clean Energy Regulator's decision