The person or entity who is the owner of a small-scale renewable energy system at the time it is completely installed is the person who is entitled to create or assign the right to create the certificates for the system. Once certificates are created for a system, no further certificates can be created for that system.
This may include:
System ownership conditions and all contractual negotiations and/or disputes must be finalised prior to the creation of certificates. The Clean Energy Regulator assesses all certificates and any ownership disputes resulting in systems being assessed as ineligible may mean certificates will be failed or may be required to be surrendered, removing them from the market entirely.
It is critical that a clear understanding of the ownership of the system, and the subsequent assignment of rights, is established prior to the creation of certificates.
It is important to ensure that the person who signs the small-scale technology assignment form is legally entitled to sign it. There are some circumstances where this may not be obvious, and you should seek further advice from the Clean Energy Regulator or seek legal advice.
If you need advice about small-scale technology assignment forms, please contact us.
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The Clean Energy Regulator is a Government body responsible for accelerating carbon abatement for Australia.