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Current enforceable undertakings

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01 September 2020

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

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 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.

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 individualMr Ryan Mulhern
Legislation
Renewable Energy (Electricity) Act 2000
Undertaking date29 May 2020
Circumstances

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.

Undertaking

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.
Attachments Enforcable Undertaking - Mr Ryan Mulhern (PDF 1.6MB)
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).pdf
Company or individualTrina Solar (Australia) Pty Ltd (ACN 150 695 524)
Legislation
Renewable Energy (Electricity) Act 2000
Undertaking date7 May 2020
Circumstances

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

The enforceable undertaking was accepted under the Renewable Energy (Electricity) Act 2000

Undertaking

Trina Solar undertakes to:

  1. offer to replace affected solar PV panels, free of charge, where the panels have not yet been installed
  2. offer to replace affected solar PV panels, free of charge, where the panels have been installed
  3. surrender an equivalent number of created STCs to the Clean Energy Regulator within 30 days of an offer to replace Solar PV panels being declined by the owner
  4. complete any replacement or reinstallation of affected solar PV panels within 12 months
  5. provide assurance to the Clean Energy Regulator as to the safety, quality and warranty support for panels that do not meet the CEC approve module listing requirements and have been supplied and/or installed, and
  6. undertake compliance testing of solar PV panels as requested by the Clean Energy Regulator.
Attachments Enforceable Undertaking - Trina Solar (Australia) Pty Ltd (PDF 3.2MB).pdf
Company or individualGB Environmental Trading Pty Ltd (ACN 604 328 734)
Legislation
Renewable Energy (Electricity) Act 2000
Undertaking date24 October 2019
Circumstances

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.

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.

Attachments Enforceable undertaking - GB Environmental (PDF 4.7MB).pdf
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 individualRETA (WA) Pty Ltd
Legislation Renewable Energy (Electricity) Act 2000
Undertaking date12 March 2019
Circumstances

RETA (WA) Pty Ltd improperly created 3,115 Small-scale Technology Certificates (certificates) in contravention of section 24A of the Act.

Undertaking

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.
Attachments Enforceable Undertaking - RETA (WA) Pty Ltd
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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