An enforceable undertaking is deemed to be complete when all tasks offered by a party are accepted by the Clean Energy Regulator and have been completed to our satisfaction.
The completed enforceable undertakings for 2017 include:
27 September 2016
11 December 2017
It is alleged that Australian Carbon Traders made improper amendments to eligible interest holder consent forms submitted to the Regulator in relation to five (5) registered Emission Reduction Fund projects in accordance with section 25 of the Rule. The Regulator alleges these amendments gave the false impression that certain eligible interest holders had provided consent for the full project area, when they had not. As a consequence, not all relevant EIH consents have been obtained.
Climate Friendly’s monitoring, information and record management procedures did not, at the time of submission of the forms by Australian Carbon Traders, identify that forms had been improperly amended.
Climate Friendly hereby undertakes to:
9 November 2015
10 May 2017
GBE improperly created, in contravention of section 24 of the REE Act, 14,101 small scale technology certificates (STCs) from installations of solar photovoltaic (PV) panels that were non-compliant.
GBE’s compliance procedures did not identify, at the time of STC creation, that the solar PV panels were non-genuine solar PV panels.
GBE was, however, unaware at the time of STC creation, that the solar PV panels were non-genuine solar PV panels and was not involved in the supply or installation of the Existing Non-Compliant PV Panels.
GBE undertakes to:
use best endeavours to obtain, within five months of the date of this Undertaking, the consent of the owners of the Existing Non-Compliant PV Panels and the occupiers of the Sites, to replace the Existing Non-Compliant Panels;
replace, in a manner which meets all Regulatory Requirements for solar PV panel replacement of existing systems, and within six months of the date of this Undertaking, those Existing Non-Compliant PV Panels in relation to which the consents specified in subclause 9(a) have been obtained, with New Compliant PV Panels;
surrender, within twelve months of the date of this Undertaking, a number of STCs equal to the number of STCs improperly created for those Existing Non-Compliant PV Panels which are not able to be replaced due to the consents specified in subclause 9(a) not being provided;
assist the Regulator in communicating with affected owners and occupiers of the Sites;
report to the Regulator, in writing:
once per month, against the undertakings in clause 10; and
within three business days of an event occurring which is likely to have an effect on the fulfilling of the Undertaking in subclause 10(b); and
continue to implement its Compliance Program for a period of 12 months or until this Undertaking ceases to take effect, whichever comes later.
In the event that relevant parts of the GBE business are to be assigned to another entity, and the performance of the undertakings set out in (a) to (f) above are likely to be impacted by that assignment, GBE will inform the Regulator in writing at least 3 business days prior to the assignment occurring.
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