An enforceable undertaking is deemed to be complete when all tasks offered by a party are accepted by the Clean Energy Regulator and have been completed to our satisfaction.
The completed enforceable undertakings for 2013 include:
Company or individual details | Bamboo Direct Pty Ltd trading as RECs Direct |
Legislation | |
Undertaking date | 9 January 2012 |
Date completed | 28 August 2013 |
Circumstances | ORER has conducted an investigation into the creation of certificates by Bamboo Direct Pty Ltd trading as RECs Direct. The investigation identified 28 installations where the modules used were not on the list of approved products maintained by the Clean Energy Council. Based on investigation findings the Clean Energy Regulator is satisfied that Bamboo Direct Pty Ltd trading as RECs Direct created 5 413 small-scale technology certificates that they were not entitled to create, specifically the modules installed were not on the list of approved products maintained by the Clean Energy Council. |
| Undertaking | Bamboo Direct Pty Ltd trading as RECs Direct hereby undertakes to have the Chinaland poly crystalline 250 watt panels listed on the Clean Energy Council AS/NZS 5033 compliant PV modules, on or before 31 January 2012. |
| Attachments | Bamboo Direct Pty Ltd - Enforceable undertaking (PDF 280 KB) |
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Company or individual details | Orica Limited |
Legislation | |
Undertaking date | 2 April 2013 |
Date completed | 26 June 2013 |
Circumstances | In relation to the report by Orica Limited under the NGER Act for the 2010-11 reporting year, an audit identified that the report was not compliant with the National Greenhouse and Energy Reporting (Measurement) Determination 2008. Accordingly Orica Limited's report for 2010-11 was not compliant with section 19 of the NGER Act. In particular, in relation to nitrous oxide emissions from nitric acid plants at two facilities operated by Orica Limited, the audit identified that there was not sufficient appropriate audit evidence to demonstrate compliance with the reporting methodology adopted by Orica Limited in its 2010-11 report. Measurements of flow and concentration, which formed the basis of reporting, were non-compliant with the National Greenhouse and Energy Reporting (Measurement) Determination 2008. Orica Limited has acknowledged that the non-compliance identified in respect of the 2010-11 reporting year may apply to all other reports submitted by Orica Limited to date. Additionally, Orica Limited has indicated that they will resubmit previous reports as requested by the Regulator. |
| Undertaking | Orica Limited has undertaken to prepare and submit a schedule of technical works and to use its best endeavours to complete the items in that schedule so as to resolve the technical issues regarding measurements of flow and concentration that previously prevented Orica Limited from reporting in compliance with the NGER Act, the National Greenhouse and Energy Reporting Regulations 2008 and the National Greenhouse and Energy Reporting (Measurement) Determination 2008. A category 2 or 3 registered greenhouse and energy auditor approved by the Clean Energy Regulator will be appointed by Orica Limited to provide assurance that the technical issues have been resolved. |
| Attachments | Orica Limited - Enforceable undertaking (PDF 397 kB) |
Company or individual details | Enigin NSW Pty Ltd trading as Solar Power NSW |
Legislation | |
Undertaking date | 15 April 2013 |
Date completed | 14 June 2013 |
Circumstances | It is alleged that two accredited Clean Energy Council installers, employed by Enigin NSW Pty Ltd trading as Solar Power NSW did, on 108 occasions, sign off on more than three installations in a single day and thereby breached the Clean Energy Council guidelines. As a result, Enigin NSW Pty Ltd trading as Solar Power NSW improperly created 10 451 certificates in breach of section 24(1) of the Renewable Energy (Electricity) Act 2000. |
| Undertaking | Enigin NSW Pty Ltd trading as Solar Power NSW undertakes to have an independent Clean Energy Council accredited installer to return to each installation site identified by the Regulator to inspect the installed PV systems by 30 June 2013. These inspections must only be undertaken with the approval of the system owner and resident. |
| Attachments | Enigin NSW Pty Ltd - Enforceable undertaking (PDF 376 kB) |
Company or individual details | Karan Gaholtra (as former Director of Australian Sun Power Pty Ltd) |
Legislation | |
Undertaking date | 18 December 2012 |
Date completed | 6 June 2013 |
Circumstances | It is alleged that Karan Gaholtra (as former director of Australian Sun Power Pty Ltd ACN 145 577 215) used false and misleading information to claim the transitional multiplier when creating certificates in the REC Registry. It is also alleged that Karan Gaholtra (as former director of Australian Sun Power Pty Ltd ACN 145 577 215) did not maintain documents required to claim the transitional multiplier when creating certificates in the Rec Registry. |
| Undertaking | Karan Gaholtra (as former director of Australian Sun Power Pty Ltd ACN 145 577 215) hereby undertakes to surrender 669 STCs to the Regulator, on or before 27 June 2013. |
| Attachments | Karan Gaholtra - Enforceable undertaking (PDF - 260 KB) |