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Current enforceable undertakings

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08 February 2022

​Current enforceable undertakings accepted by the Clean​​​ Energy Re​gulator include:

Company or individualDiamond Offshore General Company LLC (91 050 122 051)
Legislation
National Greenhouse and Energy Reporting Act 2007 (NGER Act)
Undertaking date20 December 2021
Circumstances

Diamond Offshore General Company LLC (Diamond) has repeatedly submitted inaccurate National Greenhouse and Energy Reporting (NGER) reports under the NGER Act.

Diamond has made calculation errors in their NGER reports which have resulted in instances of over- and under-reporting of emissions and energy, and incorrectly assessed and reported uncertainty under Chapter 8 of the NGER (Measurement) Determination 2008.

Undertaking

Diamond undertakes to:

  1. Conduct internal monthly reviews of data that forms the basis of Diamond’s reporting under the NGER Act.
  2. Appoint an Advisor to:
    1. Map and provide descriptions of all reportable emissions sources and points of energy production and consumption;
    2. Define information requirements for each facility under Diamond’s operational control;
    3. Analyse the energy and emissions data against facility and corporate group thresholds;
    4. Develop a Basis of Preparation and Annual Supplementary Document; and
    5. Provide the above materials and recommendations for reporting to Diamond.
  3. Appoint a Compliance Consultant to:
    1. Conduct a yearly review of Diamond’s internal NGER reporting system;
    2. Immediately preceding an NGER report’s due date for submission, complete a compliance review of both the data and the report;
    3. After any review conducted in the two above points, provide a summary of any items identified as areas to be improved and recommendations for compliant reporting; and
    4. Complete bi-annual reviews of the Basis of Preparation to ensure that it continues to be fit for purpose.
  4. Provide the agency with the Basis of Preparation and Annual Supplementary Document relevant to each NGER reporting period as attachments to the submitted report.
  5. Prepare and implement additional training for staff involved in the collection and reporting of data under the NGER Act.
  6. Provide progress reports every 6 months to the agency regarding items identified under the enforceable undertaking as areas to be improved and details of actions taken to resolve those items.
Attachments Enforceable Undertaking - Diamond Offshore General Company LLC (PDF 2.05MB)
Company or individualPeabody Australia Holdco Pty Ltd
Legislation
National Greenhouse and Energy Reporting Act 2007  (NGER Act)
Undertaking date29 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

Peabody undertakes to improve the quality of its NGER reports by:

  1. 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,
  2. developing and implementing an NGER reporting improvement plan, and
  3. engaging an independent auditor to conduct an audit of all facilities included in its NGER reports.
Attachments Enforceable Undertaking - Peabody Australia Holdco Pty Ltd (PDF 441KB)
Company or individualBell Solar Pty Ltd (ACN 617 634 876)
Legislation
Renewable Energy (Electricity) Act 2000
Undertaking date1 April 2021
Circumstances

Bell Solar unknowingly received false information from a third party relating to the purported designer and installer of 142 solar photovoltaic (PV) system installations.

Bell Solar subsequently relied on that information to improperly create 19,254 small-scale technology certificates (certificates), in contravention of section 24A(1) of the Act.

Bell Solar’s compliance procedures did not identify that the information was false at the time of certificate creation.

Undertaking

Bell Solar undertakes to:

Compliance Program

  1. Develop and implement a Compliance Program for a period of two years in accordance with Annexure A of the undertaking.
Inspect and rectify installations

  1. In respect of the solar PV system installations set out in Annexure B of the undertaking:
    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.

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 B of the undertaking.
  2. Provide evidence of inspections and any rectification work completed.

Ownership and directorship

In the event of a change in ownership or change to the majority of directors of Bell Solar, it will;

  1. Bring the existence of the enforceable undertaking to the attention of the new owners/directors.
  2. Notify the Regulator no later than 10 business days after the change takes place and provide the contact details of the new owners/directors.
Attachments Enforceable Undertaking - Bell Solar Pty Ltd (PDF 3.94MB)
Company or individualSpace Solar Service Pty Ltd (ACN 149 515 775)
Legislation
Renewable Energy (Electricity) Act 2000
Undertaking date9 November 2020
Circumstances

Space Solar Service 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, Space Solar Service improperly created, in contravention of section 24A of the Act, certificates that did not meet the requirements under regulation 20AC of the Regulations.

Undertaking

Space Solar Service 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 Space Solar Service, it will bring the existence of the enforceable undertaking to the attention of the new owners/directors.
Attachments Enforceable Undertaking - Space Solar Service Pty Ltd (PDF 209kB)
Company or individualOne Stop Warehouse Finance Pty Ltd (ACN 609 758 143) and Hongwei Zhang
Legislation
Renewable Energy (Electricity) Act 2000
Undertaking date28 August 2020
Circumstances

One Stop unknowingly received false information from a third party relating to the purported designer and installer of 379 solar photovoltaic (PV) system installations.

One Stop subsequently relied on that information to improperly create 49,400 small-scale technology certificates (certificates), in contravention of section 24A(1) of the Act.

One Stop’s compliance procedures did not identify that the information was false at the time of certificate creation.

Undertaking

One Stop undertakes to:

Compliance Program

  1. Develop and implement a Compliance Program for a period of 2 years in accordance with Annexure A of the undertaking.
Inspect and rectify installations

  1. In respect of the solar PV system installations set out in Annexure B of the undertaking:
    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.

Surrender of small-scale technology certificates

  1. In the event that consent cannot be obtained to inspect a solar PV system set out in Annexure B of the undertaking;
    1. surrender a number of certificates equal to the number of certificates improperly created for those solar PV system installations.

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 B of the undertaking.
  2. Provide evidence of inspections and any rectification work completed.

Ownership and directorship

In the event of a change in ownership or change to the majority of directors of One Stop, it will;

  1. Bring the existence of the enforceable undertaking to the attention of the new owners/directors.
  2. Notify the Regulator no later than 10 business days after the change takes place and provide the contact details of the new owners/directors.
Attachments Enforceable Undertaking - One Stop Warehouse Finance Pty Ltd and Hongwei Zhang (PDF 941kB)
Company or individualMr Sandeep Chikhale and SSC Electrical Services Pty Ltd (ACN 626 294 684)
Legislation
Renewable Energy (Electricity) Act 2000
Undertaking date26 June 2020
Circumstances

Mr Sandeep Chikhale, through SSC Electrical Services Pty Ltd, submitted false information other parties that Mr Chikhale 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 false information was relied upon by other parties to create small-scale technology certificates (STCs).

Undertaking

Mr Chikhale and SSC Electrical Services Pty Ltd undertake to:

  1. In respect of the solar PV system installations set out in Schedule 1 of the Undertaking:
    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.
  2. 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.
  3. Provide evidence of inspections and any rectification work completed.
Attachments Enforcable Undertaking - Mr Sandeep Chikhale and SSC Electrical Services Pty Ltd (PDF 2.5MB)
Company or individualCountry Carbon Pty Limited (ACN 152 922 408)
Legislation
Carbon Credits (Carbon Farming Initiative) Act 2011
Undertaking date28 May 2020
Circumstances

The Clean Energy Regulator has accepted an enforceable undertaking offered by Country Carbon Pty Limited (Country Carbon) to address compliance issues under the Carbon Credits (Carbon Farming Initiative) Act 2011 and related contracts.

The enforceable undertaking was accepted under the Carbon Credits (Carbon Farming Initiative) Act 2011.

Undertaking

The Enforceable Undertaking has the effect of requiring Country Carbon to put in place acceptable oversight and business practices to ensure that it meet its obligations under the law, under contracts, and maintains its Fit and Proper Person status. The Enforceable Undertaking has a duration of two years.

Attachments Enforceable Undertaking – Country Carbon Pty Limited (PDF 5.9MB)
Company or individual Trina Solar (Australia) Pty Ltd (ACN 150 695 524)
Legislation
Renewable Energy (Electricity) Act 2000
Undertaking date1 February 2022
Circumstances

The Clean Energy Regulator (the Regulator) accepted an enforceable undertaking offered by Trina Solar (Australia) Pty Ltd (Trina Solar) on 7 May 2020 to address any ineligible solar panel serial numbers that were uploaded by Trina Solar into the Solar Panel Validation Service. Ineligible means that the solar panels were not eligible for small-scale technology certificates (STCs). The enforceable undertaking was accepted under the Renewable Energy (Electricity) Act 2000 (the Act).

Trina Solar and the RegulatorClean Energy Regulator have agreed to vary the enforceable undertaking in accordance with section 154Q(3) of the Act. The variation is to the effect that Trina Solar will undertake a Compliance Testing Program. This will provide assurance to the Regulator as to the safety and quality of the solar panels that do not meet the Clean Energy Council approved photovoltaic (PV) module listing requirements and have been supplied and installed.

Undertaking

The Clean Energy Regulator and Trina Solar agreed to an appropriate sampling lot size for the Compliance Testing Program. The Clean Energy Regulator will seek consent from owners of affected systems in the sample.

Trina Solar undertakes to:

  1. Contact the relevant owner to arrange for a CEC-accredited installer (or installers, agreed with the Regulator, to remove all solar PV panels from the installation;
  2. Install new solar PV panels of equal or superior quality and performance where possible;
  3. Obtain and maintain:
    1. Geotagged photographs of each removed solar PV panel
    2. Geotagged photographs of each new installed solar PV panel, and
    3. Written installer declarations that reference the solar PV panel’s removed and installed along with the installer’s attendance at the site.
  4. Arrange for the delivery of certain solar PV panels to PV Lab Australia for testing; and
  5. Arrange for the lawful disposal of all removed solar PV panels, preferably by an accredited recycler.
Attachments

Enforceable Undertaking Variation - Trina Solar (Australia) Pty Ltd (PDF 176KB)

Enforceable Undertaking - Trina Solar (Australia) Pty Ltd (PDF 3.31MB)

Enforceable Undertaking – Annexure A (PDF 378KB)

Enforceable Undertaking – Annexure C (PDF 152KB)

Please note: annexures B and D will not be published due to personal privacy requirements.

Company or individualMore Green Energy Pty Ltd (ABN: 39 607 340 312)
Legislation Renewable Energy (Electricity) Act 2000
Undertaking date18 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

More Green Energy Pty Ltd undertakes to:

  1. implement a Compliance Program for two years and provide a copy to the Clean Energy Regulator within four months
  2. 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
  3. administer training to all directors, employees and contractors annually to ensure that up to date knowledge is maintained regarding responsibilities under all relevant laws
  4. rectify the installation of the existing non-compliant solar PV panels and improper creation of STCs within twelve months
  5. 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
  6. 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, and
  7. not take steps to deregister as a company without the approval of the Clean Energy Regulator.
Attachments Enforceable Undertaking - More Green Energy Pty Ltd (PDF 3.02MB)
Company or individualNasir Taimoor Kahloo
Legislation Renewable Energy (Electricity) Act 2000
Undertaking date22 July 2019
Circumstances

Nasir Kahloo improperly created small-scale technology certificates (STCs) arising from the provision of false information.

Undertaking

Nasir Kahloo undertakes to:

  1. at his expense, remove and replace 41 existing non-compliant solar photovoltaic (PV) systems within six months of this Undertaking coming into effect,
    1. write to the owners/occupiers of the sites to obtain consent to the removal and disposal of the existing systems and their replacement with new compliant systems
    2. remove and properly dispose of the existing systems at each site
    3. replace existing systems with new, compliant systems, using CER approved, CEC accredited designer/s and installer/s
    4. validate the replacement panel serial numbers
  2. not seek or cause creation of STCs for the 41 new compliant PV systems,
  3. report to the Clean Energy Regulator every month, and
  4. disengage completely from the solar panel industry, including promotion, trade, sale, supply, and installation for a period of 3 years once he has completed the Undertaking.
Attachments Enforceable Undertaking – Nasir Taimoor Kahloo (PDF 193kB)
Company or individual detailsDr Green Sustainable Energy Pty Ltd
Legislation Renewable Energy (Electricity) Act 2000
Undertaking date14 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.

Attachments Dr Green Sustainable Energy Pty Ltd - Enforceable undertaking (PDF 250 kB)
Company or individual detailsZypcom International Pty Ltd t/a Nextgen Solutions
ACN 110 195 670
Legislation Renewable Energy (Electricity) Act 2000
Undertaking date9 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.

Attachments Zypcom International Pty Ltd - Enforceable undertaking (PDF 322 kB)
Company or individual detailsZahid Maqsood Chaudhary
Legislation Renewable Energy (Electricity) Act 2000
Undertaking date9 July 2013
Circumstances

It is alleged that breached subsection 24A (1) of the Renewable Energy (Electricity) Act 2000 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.

UndertakingZahid 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.
Attachments Zahid Maqsood Chaudhary - Enforceable undertaking (PDF 341 kB)

Some of the enforceable undertakings listed above may have commenced under the Office of the Renewable Energy Regulator before its amalgamation with the Clean Energy Regulator on 2 April 2012.

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