We are legally obliged to publish enforceable undertakings under the Carbon Credits (Carbon Farming Initiative) Act 2011 and Renewable Energy (Electricity) Act 2000. We may publish the undertaking under the National Greenhouse and Energy Reporting Act 2007.
There is a public interest in ensuring scheme participants are aware of, and informed about, enforcement action. This helps educates scheme participants of their obligations and promotes deterrence.
Active enforceable undertakings are published here. For previous undertakings, go to completed enforceable undertakings.
Legislation: Renewable Energy (Electricity) Act 2000 (REE Act)
18 June 2024
Circumstances
RACV Solar Pty Ltd (RACV Solar) submitted false information to another party regarding five solar photovoltaic (PV) systems. This information related to the identity of the Clean Energy Council accredited installer who claimed to have installed the various solar PV systems in accordance with the Renewable Energy (Electricity) Act 2000 and Renewable Energy (Electricity) Regulations 2001. The false information was relied upon by the other party to create small-scale technology certificates (STCs).
Undertaking
- RACV Solar undertakes to implement a compliance program for a period of six months, in accordance with paragraph 3.2 of the Undertaking.
- RACV Solar undertakes to arrange for a Solar Accreditation Australia accredited installer, agreed with the Clean Energy Regulator (the Regulator), to rectify any identified defects associated with the five solar PV systems.
- RACV Solar undertakes to provide the Regulator with evidence of the inspection, and if relevant, rectification of the solar PV systems.
- If any of the solar PV systems that require rectification cannot be rectified due to no consent provided by the system owner, RACV Solar undertakes to provide evidence including details of all attempts to obtain consent to the Regulator.
Legislation: National Greenhouse and Energy Reporting Act 2007 (NGER Act)
29 November 2021
Circumstances
Peabody has a history of submitting inaccurate NGER reports. Its NGER reports have included calculation errors which resulted in instances of significant over- and under-reporting of emissions and energy, and incorrectly reported uncertainty.
Undertaking
Improve the quality of its NGER reports by:
- Engaging an external consultant to compile Peabody’s reports under section 19 of the NGER Act for the 2021–2022 and 2022–2023 reporting periods and ensure that these reports are produced using industry best practice reporting methodologies and comply with the NGER Act.
- Developing and implementing an NGER reporting improvement plan.
- Engaging an independent auditor to conduct an audit of all facilities included in its NGER reports.
Enforceable Undertaking - Peabody Australia Holdco Pty Ltd (PDF 441KB)
Legislation: Renewable Energy (Electricity) Act 2000
18 October 2019
Circumstances
More Green Energy Pty Ltd improperly created 5,090 small-scale technology certificates (STCs) from 44 installations of non-compliant solar photovoltaic (PV) panels.
More Green Energy Pty Ltd.'s compliance procedures did not identify that the solar PV panels were non-compliant at the time of STC creation.
Undertaking
- Implement a Compliance Program for two years and provide a copy to the Clean Energy Regulator within four months.
- Validate solar PV panels using SPV before creating STCs where More Green Energy Pty Ltd purchases, installs or aggregates STCs for installations that contain solar PV panels owned by current approved manufactures listed on the Solar Panel Validation (SPV) Initiative.
- Administer training to all directors, employees and contractors annually to ensure that up to date knowledge is maintained regarding responsibilities under all relevant laws.
- Rectify the installation of the existing non-compliant solar PV panels and improper creation of STCs within twelve months.
- Surrender 2,814 STCs registered from 24 installations containing non-compliant panels and replace all solar PV panels on these installations. More Green Energy Pty Ltd will not recreate, or facilitate the creation of STCs for these replacement installations.
- Rectify 20 installations, pending registration in a manner which meets all regulatory requirements so that the Clean Energy Regulator may register STCs in accordance with the Act.
- Not take steps to deregister as a company without the approval of the Clean Energy Regulator.
Enforceable Undertaking - More Green Energy Pty Ltd (PDF 3.02MB)
Legislation: Renewable Energy (Electricity) Act 2000 (REE Act)
14 March 2014
Circumstances
It is alleged Dr Green Sustainable Energy Pty Ltd 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 certificates.
The second person did in fact rely on that false information, and, as a result, created certificates for 31 installations which they were not entitled to create.
Undertaking
Dr Green Sustainable Energy Pty Ltd undertakes to, on or before 30 April 2014, 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, Dr Green Sustainable Energy Pty Ltd also undertakes to provide to the Clean Energy Regulator a statutory declaration, made by a Dr Green director, listing all such system owners and residents, with a declaration that all reasonable steps have been made to contact them and offer them a re-inspection.
Upon completion of the inspections, Dr Green Sustainable Energy Pty Ltd undertakes to provide the Clean Energy Regulator with a statutory declaration, made by the nominated CEC installer, that the PV installations and electrical work meet the requirements for the issue of certificates.
Dr Green Sustainable Energy Pty Ltd - Enforceable undertaking (PDF 250 kB)
Legislation: Renewable Energy (Electricity) Act 2000 (REE Act)
9 July 2013
Circumstances
It is alleged that Zypcom International Pty Ltd t/a Nextgen Solutions breached subsection 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 certificates.
The second person did in fact rely on that false information, and, as a result, created certificates for 13 installations which they were not entitled to create.
Undertaking
Zypcom International Pty Ltd t/a Nextgen Solutions undertakes to, on or before 27 September 2013, have an independent accredited Clean Energy Council installer return to each installation site identified by the Clean Energy Regulator to inspect the installed PV system.
Inspections must only be undertaken with the approval of the system owner or resident.
Zypcom International Pty Ltd - Enforceable undertaking (PDF 322 kB)
Legislation: Renewable Energy (Electricity) Act 2000 (REE Act)
9 July 2013
Circumstances
It is alleged that breached subsection 24A (1) of the REE Act by submitting false and misleading information into the REC Registry to create certificates.
The submission of the false information resulted in the improper creation of certificates for 3 installations where there was no entitlement to create.
Zahid Maqsood Chaudhary undertakes to, on or before 27 September 2013, have an independent accredited Clean Energy Council installer return to each installation site identified by the Clean Energy Regulator to inspect the installed PV system.
Inspections must only be undertaken with the approval of the system owner or resident.
Zahid Maqsood Chaudhary - Enforceable undertaking (PDF 341 kB)