Entities who produce relevant products from eligible emissions-intensive trade-exposed (EITE) activities and are a prescribed person under the
Renewable Energy (Electricity) Regulations 2001 (the Regulations) are eligible to apply.
Determine your eligibility:
- Do you conduct an eligible EITE activity or activities at the same site? Review
Eligible activities.
- Do you produce a relevant product over more than one site as an activity group? Review
Activity group eligibility.
- Are you a prescribed person? Review the table below.
Prescribed person categories
To be a prescribed person under the
Renewable Energy (Electricity) Regulations 2001 you must be a person (owner or operator) or liable entity of a site.
| Legislative reference | Prescribed person category |
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| Regulation 22G – person with electricity contract | A person (owner or operator) with an electricity contact for the EITE activity or activities site. This means that the owner or operator of the site has a current electricity contract for the direct supply of electricity from their electricity retailer (the liable entity). This assumes that an exemption certificate application for the site has not been lodged by another person for the application year. |
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| Regulation 22H – liable entity with operational control | An electricity retailer (liable entity) with operational control of the site. This means for 6 months or more before the exemption certificate application is lodged you are liable for more than 30% of the electricity consumed at the site or most of the electricity consumed at the site that is a relevant acquisition of electricity. This assumes that an exemption certificate application for the site has not been lodged by another person for the application year. |
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| Regulation 22I – liable entity will have operational control | An electricity retailer (liable entity) that will be the first person to have operational control of the site. This means you will be liable for more than 30% of the electricity consumed at the site and be the principal facility at the site. This assumes that an exemption certificate application for the site has not been lodged by another person for the application year. |
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| Regulation 22J – person with electricity contract for an EITE activity that will be conducted at the site | A person (owner or operator) with an electricity contact for the EITE activity or activities that are to be conducted at site. This means that the owner or operator of the site has an electricity contract for the direct supply of electricity from their electricity retailer (the liable entity) for the EITE activity or activities that will be conducted at the site. This assumes that an exemption certificate application for the site has not been lodged by another person for the application year, nor has an exemption certificate application been lodged under regulation 22G, 22H or 22I of the Regulations. |
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| Regulation 22K – first person nominates another person | The first person under regulation 22G, 22H, 22I or 22J of the Regulations who conducts the EITE activity or activities at the site and has not lodged an exemption certificate application for the year who nominates another person to apply for the site. This means that the first person must notify the Clean Energy Regulator (CER) that they give consent for the other person to apply. This consent can be provided with the nominated prescribed person’s application for the application year.
See
Providing prescribed person documents for details about what the notice should include. |
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