Completed enforceable undertakings for 2018

It is alleged that Australian Carbon Traders made improper amendments to eligible interest holder consent forms submitted to the Regulator in relation to five (5) registered Emission Reduction Fund projects in accordance with section 25 of the Rule. The Regulator alleges these amendments gave the false impression that certain eligible interest holders had provided consent for the full project area, when they had not. As a consequence, not all relevant EIH consents have been obtained.

Climate Friendly Pty Ltd monitoring, information and record management procedures did not, at the time of submission of the forms by Australian Carbon Traders, identify that forms had been improperly amended.

Australian Carbon Traders hereby undertakes to:

1. By agreement with project proponents, transition all projects for which Australian Carbon Traders and Climate Friendly are currently co-agents to a single agent model, with Climate Friendly acting as that single agent within three months of the date of this Undertaking;
2. Institute a documented record keeping system within three months of the date of this Undertaking;
3. Institute a project management system to track and manage compliance with all relevant legislative requirements within three months of the date of this Undertaking; and
4. Review internal standard operating, information and records management procedures related to emissions reduction fund projects and update where necessary to reflect the introduction of (c) and (d) above. The review and any necessary updated procedures will be completed to the reasonable satisfaction of the Regulator within three months of the date of this Undertaking.

It is alleged Peng Chen breached s. 24B (1) of the Renewable Energy (Electricity) Act 2000 by providing false and misleading information to a second person, with the expectation that the second person would rely on that information to create small scale technology certificates.

The second person did in fact rely on that false information, and, as a result, created certificates for 29 installations which they were not entitled to create.

Peng Chen undertakes to, on or before 30 September 2017, have an independent Clean Energy Council accredited installer return to each installation site identified by the Clean Energy Regulator to inspect the installed PV system.

In the event that one or more system owners or residents cannot be contacted or do not wish to allow a re-inspection, Peng Chen also undertakes to provide to the Clean Energy Regulator the steps/activities that he has carried out to make contact with the owners of each relevant site.

Upon completion of the inspections, Peng Chen undertakes to provide the Clean Energy Regulator with a statutory declaration, made by the nominated CEC installer, that the small generation units (SGUs) either meet, or do not meet the requirement in the Renewable Energy (Electricity) Act 2000 and the Renewable Energy (Electricity) Regulations 2001 for the installation of a SGU and the subsequent creation of small scale technology certificates.

Peng Chen also undertakes to provide to the Clean Energy Regulator evidence of the inspection by the CEC-accredited installer of the site, including resubmission of all compliance paperwork including Certificates of Compliance – Electrical Work and photographs of the SGUs at the sites including panel serial numbers.

In the event that any inspection identifies issues with the installation of a particular SGU, Peng Chen undertakes to arrange for a new installation of the SGU or to remedy the defective part of the installation of any inspection identifies issues with the installation of a particular SGU, and to provide relevant evidence of having done so to the Clean Energy Regulator.