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Compliance Update will keep you informed of our activities related to our
Compliance and Enforcement Priorities and other important information to help you comply with our schemes.
During July to September 2019, 483,344 small-scale technology certificates (STCs) in 3,791 separate claims were incorrectly created by registered agents which meant they were
failed. Common reasons for failed STCs included previously created and registered information, a lack of compliance paperwork and incorrect details in STC claims related to system, address, system owner and installation date.
From October 2019, average STC processing timeframes are 24 hours for Solar Panel Validation (SPV) claims (subject to successfully meeting all eligibility requirements), and two weeks for non-SPV claims. This has led to a growing uptake of SPV, offering a simple and easy way to check that products being installed are approved and eligible for STCs.
We are targeting non-compliance and fraud associated with the misuse of CEC installer accreditation details in relation to the STC claims and are working with other regulators and industry bodies. A number of investigations have commenced, using information such as number of installs per day and locations.
During July to September 2019, 142,502 large-scale generation certificates (LGCs) across 83 separate claims were failed. The most common reason for failed LGCs are errors when participants enter generation data. The majority of LGCs were failed due to a data entry error made by one participant.
The number of failed claims is trending upwards as a result of enforcing stricter timeframes to respond to
requests for further information in relation to LGC claims.
We conducted audits of five nominated persons and their accredited power stations using Registered Greenhouse and Energy Auditors. The focus of the audit program was large power stations with complex LGC methodologies.
98.2% of liable entities met their Quarter 3 STC surrender obligations. Two liable entities did not surrender sufficient STCs to meet their obligations and may be subject to
shortfall charges. The non-tax deductible shortfall charge of $65 per certificate is significantly more than the average spot price of STCs.
In 2019, some landholders have raised concerns with us about behaviour under their contracts with the entity they have appointed as their project proponent.
Project proponents must maintain their fit and proper person (FPP) status. We are required by law to assess the status of any person who is, or proposes to be, an ERF project proponent or an Australian National Registry of Emissions Units (ANREU) account holder. We must also assess a project proponent’s FPP status when deciding whether or not to issue Australian Carbon Credit Units (ACCUs).
As outlined in our
FPP posture we will have regard to a person’s capability, competence and business practices in making decisions about their suitability to become or remain project proponents. This could include having regard to an aggregator’s interactions with landholders, such as making payments to landholders in accordance with their aggregation contracts.
On 24 October 2019 we entered into an enforceable undertaking with
GB Environmental Trading Pty Ltd for unknowingly receiving false information from a third party that led to the improper creation of 1,128 small-scale technology certificates.
On 18 October 2019 we entered into an enforceable undertaking with
More Green Energy Pty Ltd for the improper creation of 5,090 STCs from 44 installations of non-compliant solar photovoltaic (PV) panels.
On 22 July 2019 we entered into an enforceable undertaking with
Nasir Taimoor Kahloo for providing STC assignment forms containing false information regarding the installation of 41 systems to a REC Agent.
On 24 September 2019
P & N NSW Pty Ltd completed an enforceable undertaking.
Current Enforceable Undertakings.
7 August 2019
Clean Energy Regulator investigation leads to jail for solar installer
SPV helps protect the integrity of the Small-scale Renewable Energy Scheme (SRES), giving industry and consumers an easy way to check that solar panels are approved by the Clean Energy Council, meet Australian standards and are backed by manufacturer warranty.
If you are a new or an existing registered agent under SRES you should be completing
SRES Smart. It provides us with assurance that agents understand their expected capabilities and standards of practice. Your STC applications and processing timeframes may be faster if all your STC creators complete SRES Smart.
Audits underpin the effectiveness and integrity of the schemes we administer. Read more about our
findings from our inspections.
Be aware of the
guidelines for all projects operating under the human-induced regeneration and the native forest from managed regrowth methods. As part of our
2019-20 Compliance and Enforcement Priorities, we may audit project proponents’ adherence to these guidelines.
For the 2018-19 reporting year, 99.21% of NGER reporters reported on time.
Take advantage of our
guidance to ensure you are complying.
2018–19 Annual Report or the
outcomes of the 2018-19 Compliance Priorities.
If you have information on potential fraudulent or non-compliant behaviour,
report it today.
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