Completed enforceable undertakings for 2021

GB Environmental unknowingly received false information from a third party relating to the purported designer and installer of seven small-generation units (SGUs). GB Environmental subsequently, in contravention of section 24A(1) of the Act, relied on that information to improperly create 1128 small-scale technology certificates (STCs).

In addition, GB Environmental unknowingly received false information from a different third party in relation to the purported installation of 25 SGUs. It has been discovered for 10 SGUs no such system was installed. The existence of the remaining 15 SGUs will be confirmed as part of the Undertaking.

GB Environmental Trading Pty Ltd undertakes to:

Inspect installations

1. in respect of the installations set out in Annexure A on the undertaking:
   1. arrange for a CEC accredited installer(s) to inspect the solar PV system installations
   2. in the event these inspections detect any sub-standard PV systems, rectify the installation to meet electrical standards at time of installation
   3. in the event these inspections detect solar PV systems have not been installed, advise the Clean Energy Regulator and surrender an equivalent amount of STCs to those created for the SGUs
2. in respect of installations set out in Annexure B of the undertaking:
   1. inspect the unverified non-installation sites
   2. in the event these inspections detect SGUs have been installed, provide evidence of the existing SGUs
   3. in the event these inspections detect SGUs have not been installed, surrender an equivalent amount of STCs to those created

Surrender of Certificates

1. surrender 2702 STCs, equivalent to the amount created for SGUs at the Non-Installation Sites identified in Annexure C of the undertaking
   1. within three months of this undertaking coming into effect, surrender 1351 STCs
   2. within six months of this Undertaking coming into effect, surrender a further 1351 STCs

Compliance Program

1. implement GB Environmental’s compliance regime in accordance with the Compliance Program at Annexure D, including active participation in solar panel validation and completion of SRES Smart
2. maintain and continue to implement the Compliance Program for a period of two years from the date of this Undertaking coming into effect, and
3. provide a copy of any documents required by the Clean Energy Regulator.
    

Community Energy Group provided false or misleading information to the Clean Energy Regulator (the Regulator) claiming systems had been designed and installed by a CEC accredited installer when, in fact, that person did not design or install the systems.

Consequently, Community Energy Group improperly created, in contravention of section 24A of the Act, certificates that did not meet the requirements under regulation 20AC of the Regulations.

Community Energy Group undertakes to:

Inspect and rectify installations

1. In respect of the solar PV system installations set out in Annexure A of the undertaking:
   1. obtain consent from the owner or occupier of the site to inspect the solar PV system;
   2. arrange for a Regulator appointed inspector to inspect the solar PV system; and
   3. in the event the inspection detects any defects with the solar PV system, rectify those defects or arrange for a new installation of the solar PV system.

Report to the Regulator

1. Provide monthly written reports as to the progress made in respect of the inspection/rectification of solar PV systems set out at Annexure A of the undertaking.
2. Provide evidence of inspections and any rectification work completed.

Ownership and directorship

1. In the event of a change in ownership or change to the director of Community Energy Group, it will bring the existence of the enforceable undertaking to the attention of the new owners/directors.

Mr Ryan Mulhern submitted false information to a second party, being information that Mr Mulhern was either the Clean Energy Council (CEC) accredited installer, or supervised the installation of various solar photovoltaic (PV) systems in accordance with the Renewable Energy (Electricity) Act 2000 and Renewable Energy (Electricity) Regulations 2001. The second party relied on the false information to create small-scale technology certificates (STCs).

STCs for these solar PV systems have been failed and cannot be recreated.

Mr Mulhern undertakes to:

1. Complete an audit of his business records from 1 January 2019 through to the date the Undertaking is signed, with the purpose of identifying any further instances where Mr Mulhern did not complete the solar PV system installation but signed off on the associated compliance paperwork.
2. Provide the agency with a list of any further installations identified by (a) above.
3. In respect of the solar PV system installations set out in Schedule 1 of the Undertaking, and any further installations identified by (a) above:
    
   1. obtain consent from the owner or occupier of the site to inspect the solar PV system
   2. arrange for a CEC accredited installer(s) to inspect the solar PV system, and
   3. in the event the inspection detects any defects with the solar PV system, rectify those defects or arrange for a new installation of the solar PV system.
4. Provide monthly written reports as to the progress made in respect of the inspection/rectification of solar PV systems set out at Schedule 1 of the Undertaking, and any further installations identified by (a) above.
5. Provide evidence of inspections and any rectification work completed.

RETA (WA) undertakes to:

1. surrender 3,068 certificates, equivalent to the amount created for SGUs that had not been installed;
2. Surrender 47 certificates, equivalent to the amount of certificates over created for SGUs that contain less solar panels than claimed;
3. at its own expense, establish a Compliance Program that is designed to minimise RETA (WA)’s risk of future contraventions of the Act and Regulations; and
4. maintain and continue to implement the Compliance Program for a period of two years from the date of this Undertaking coming into effect.