Completed enforceable undertakings for 2020

Emerging Energy improperly created 15 878 STCs in contravention of section 24A of the Act.

In one matter, 5724 STCs were improperly created for the installation of 36 SGUs in NSW containing Non-Compliant PV Panels​. In another matter, 10 154 STCs were improperly created for the installation of 146 SGUs that were not installed by a Clean Energy Council (CEC) accredited installer.

In both matters Emerging Energy was unaware that the information provided to them by a third party was false.

Emerging Energy hereby undertakes to:

1. at its own expense, update its compliance program, being a program designed to minimise Emerging Energy’s risk of future contraventions of the Act and Regulations
2. within nine months of the date of this Undertaking coming into effect, surrender 5724 STCs equivalent to the amount created for SGUs containing Non-Compliant PV P​anels
3. within 12 months of the date of this Undertaking coming into effect:
   1. surrender 10 154 STCs equivalent to the amount created from the SGUs not installed by a CEC accredited installer
   2. inspect the SGUs not installed by a CEC accredited installer, using a CEC-accredited installer (or installers) agreed with the Regulator
   3. rectify SGUs to ensure they meet all Regulatory Requirements
   4. validate the serial numbers for the solar PV panels not installed by a CEC accredited installer, and
   5. where a manufacturer identifies Non-Compliant PV Panels:
      1. obtain consent to replace the Non-Compliant PV Panels with Compliant PV Systems
      2. replace, using a CEC-accredited installer (or installers) agreed with the Regulator, the Non-Compliant PV Panels with a Compliant PV System, in a manner which meets all Regulatory Requirements
      3. not create STCs for the Compliant PV System, and
      4. dispose of all Non-Compliant PV Panels removed.
4. report to the Regulator every three months, and
5. in the event of a change in ownership or change of directors of Emerging Energy, bring the existence of the EU to the attention of the new owners/directors and provide them a copy of the EU or direct them to the website of the Clean Energy Regulator.

The Uniting Church in Australia (NSW) is a registered organisation under the National Greenhouse and Energy Reporting Act 2007 (NGER Act). As a registered organisation the Church is required to provide a report to the Clean Energy Regulator each financial year relating to greenhouse gas emissions, energy consumption and energy production. The deadline for the 2013-2014 financial year was 31 October 2014, the Church did not meet this deadline and subsequently contravened the NGER Act.

Following the Churches cooperation and willingness to improve their procedures to ensure they comply with clean energy laws, the Clean Energy Regulator has accepted their offer of an Enforceable Undertaking.

EDL SA failed to comply with the reporting requirements under section 76 of the Act, as it:

1. did not submit an offsets report for the first reporting period within 6 months of the end of the reporting period as required under subparagraph 76(4)(e)(i) of the Act;
2. did not submit an offsets report for the second reporting period within 6 months of the end of the reporting period as required under subparagraph 76(4)(e)(i) of the Act;
3. did not provide an initial audit report with the offsets report for the first reporting period for the project as required under paragraph 76(4)(c) of the Act and section 72 of the Rule.
4. provided an offsets report for the first reporting period that did not commence at the start of the crediting period as required under subparagraph 76(1)(b)(i) of the Act.

Further, EDL SA:

1. did not notify the Regulator within 90 days of ceasing to be project proponent for the Project as required under subsection 78(2) of the Act; and
2. made incorrect statements in an application for Certificate of Entitlement made under section 13 of the Act regarding the legal right to carry out the project and audit requirements.

EDL SA’s standard operating and compliance procedures did not identify errors made in relation to the reporting and notification requirements under the Act.

EDL SA and its executive officers were not aware of any errors in the offsets report and application for ACCUs at the time of submission.

EDL SA hereby undertakes to:

Acknowledge legislative obligation to ensure compliance

1. within 2 months of the date of this Undertaking coming into effect, provide a signed written acknowledgement to the Regulator from its Directors, that the Directors understand their obligations under Part 20 of the Act to take reasonable steps to prevent civil penalty contraventions under the Act, and outline the steps taken to understand these obligations, which should include receiving independent legal advice;

Rectify improperly made offsets reports and applications

1. within 3 months of the date of this Undertaking coming into effect, submit to the Regulator offsets reports and applications for ACCUs, accompanied by audit reports for the initial and subsequent reporting periods for the Project, that are compliant with the reporting requirements under section 76 of the Act (with the exception of the requirement under subparagraph 76(4)(e)(i) of the Act that the offsets report for the project for the reporting period must be given within 6 months after the end of the reporting period);

Compliance Program

1. at its own expense and by no later than the date which is 6 months of the date of this Undertaking coming into effect, establish and implement a Compliance Program in accordance with the requirements set out in Annexure A, being a program designed to ensure EDL SA meets it obligations under the ERF legislative requirements, and report to the Regulator in writing about the Compliance Program in accordance with the reporting requirements set out in Annexure A;
2. maintain and continue to implement the Compliance Program for a period of 2 years from the date of this Undertaking coming into effect; and
3. provide a copy of any documents reasonably required by the Regulator in accordance with Annexure A;

Report in writing

1. report to the Regulator, in writing in accordance with the requirements set out in Annexure A; and
2. provide, at the request of the Regulator, such information the Regulator requires in order to assess EDL SA’s compliance with the Undertaking.