Exemption certificate form - Clean Energy Regulator Clean ......original exemption certificate...

V1.0 12/01/2018 Exemption certificate form – electricity use method 1 of 30

Exemption certificate form

Electricity use method under the Renewable Energy (Electricity) Act 2000

Purpose of this form

Under the Renewable Energy (Electricity) Act 2000 (the Act), electricity used in carrying out emissions-intensive trade-exposed (EITE) activities may be eligible for exemption from Large-scale Renewable Energy Target and Small-scale Renewable Energy Scheme liability. Exemption from liability is granted to the prescribed person carrying out the EITE activity in the form of an exemption certificate.

Subject to agreement from the prescribed person, an exemption certificate may be traded with a Renewable Energy Target (RET) liable entity to provide the RET liable entity with exemption from liability for a certain amount of megawatt-hours of electricity, in the given compliance year.

This form is to be used to apply for an exemption certificate in relation to an EITE activity to be carried out during 2018.

Eligibility

A person prescribed by the Renewable Energy (Electricity) Regulations 2001 (the Regulations) may apply, under subsection 46A(1) of the Act to the Clean Energy Regulator, for an exemption certificate in relation to a RET liable entity, for electricity supplied to an EITE activity carried on at a site during a calendar year. Eligible EITE activities are specified in Schedule 6 of the Regulations.

If an activity is conducted at a site and became prescribed under the Regulations (regulation 22ZHA(2)(d)) on or after 14 December 2017, then the applicant must use this form to apply for an exemption certificate.

If a site is part of an activity group (i.e. an EITE activity is conducted across multiple sites) and a previous application for another site in the same activity group indicates use of the electricity use method, then all sites as part of the activity group must use this method in the same year.

Making a valid application for an exemption certificate

The Clean Energy Regulator will only assess validly made applications for exemption certificates. Validly made applications must be accurately completed and contain all information required in the application forms in accordance with relevant provisions in the Act and the Regulations. This includes any documentation that supports the application.

FORM

CER-RET-032

V1.0 12/01/2018

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An exemption certificate will not be issued if the application is not validly made.

To ensure that an application for an exemption certificate is a validly made application, applicants should familiarise themselves with relevant parts of the Act1 and the Regulations2 before applying for an exemption certificate. Applicants may:

seek independent advice before submitting an application, and

discuss their application with the Clean Energy Regulator

before applying for an exemption certificate.

Applicants should ensure they allow sufficient time to complete their application (including for seeking their own independent advice, or after reviewing this form and the guidelines, and discussing with the Clean Energy Regulator).

Where applications are not validly made

If an application is not validly made, the Clean Energy Regulator will advise the applicant in writing that the application is not validly made and the reasons why it is not a validly made application.

The applicant may re-submit an application for assessment before the legislated deadline.

Where applications are not validly made and the deadline has passed, no further assessment will be undertaken.

It is recommended that you submit your application early in 2018 to allow sufficient time to assess whether your application is validly made.

The Clean Energy Regulator will not issue Requests for Further Information for applications not validly made.

Submitting this form

The form must be received by the Clean Energy Regulator no later than midnight Australian Eastern Standard Time on Tuesday, 3 April 2018. Please note that this deadline has been affected by the Acts Interpretation Act 1901, which, among other things, applies where a deadline falls on a public holiday or a weekend.


By post

Post your completed application with any accompanying documentation to:

Clean Energy Regulator Industry Assistance Schemes GPO Box 621 Canberra ACT 2601

1 https://www.legislation.gov.au/Series/C2004A00767 2 https://www.legislation.gov.au/Series/F2001B00053

https://www.comlaw.gov.au/Series/C2004A00767

https://www.comlaw.gov.au/Series/F2001B00053

https://www.legislation.gov.au/Series/C2004A00767

https://www.legislation.gov.au/Series/F2001B00053

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By email

You can submit your completed application by email: [email protected].

Regardless of how you lodge your completed application, you should keep a copy of all parts of the signed form submitted to the Clean Energy Regulator for your records.

Instructions for completing this form

Please read each part of this application carefully, fully answer all the questions, sign where indicated, and attach the required documentation.

You must complete and submit:

Part A: Prescribed person

Part B: Applicant details

Part C: RET liable entity

Part D: Emissions-intensive trade-exposed activity

Part E: Site details

Part F: Quantity of relevant product

Part G: Exemption determination

Part H: Declaration

If there is insufficient space to complete your answer, provide the answer as an attachment.

Please reference and label attachments in a logical manner. Lengthy or large attachments may be provided in electronic format.

You can choose to complete this form by:

1. printing this application form and filling it in by hand, or

2. saving this application form and filling in an electronic copy.

Note that if you choose the second option, you will also need to print certain sections in order to sign them.

Pen colours Please use a black or blue pen to write on the form.

Check boxes Mark boxes like this with a ✔ or ✘. When an instruction asks you to ‘tick’ the box, you can

use either ✔ or ✘.

Go to Where you see an instruction, Go to question 5, mark the relevant box with a ✔ or ✘and then skip to the question number shown. You do not need to answer the question(s) in between.

Where an instruction has a black double arrow, , go to the next indicated part or section.

Where an instruction has a black single arrow, , go to the next question.

Where an instruction has a black single arrow pointing down, , fill in the field(s) below.

mailto:[email protected]

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Mandatory questions

If the question is mandatory, required, is added to the end of the question.

When a question is mandatory upon certain conditions being met, required if any, is added to the end of the question.

This symbol indicates what to do next.

This symbol indicates additional useful guidance.

This symbol advises that more than one entry may be required and you may need to photocopy or print the section, or fill in a duplicate.

This symbol advises that supporting documentation may need to be attached.

Help filling in this form

Guidance for filling in this form is available on the Clean Energy Regulator website3. Please refer to the guidance before contacting the Clean Energy Regulator about the application process.

If you require assistance, or have any questions regarding this application process, please contact the Clean Energy Regulator via email at [email protected] or on the general enquiries line 1300 553 542.

Legislation

A reference to a legislative provision in this form is a reference to a provision of the Renewable Energy (Electricity) Regulations 2001, unless stated otherwise.

How to manage parts of the application


An application for an exemption certificate must be made by a prescribed person, who will receive the exemption certificate (this is generally the entity carrying on the EITE activity). Subdivision A of Division 4 of Part 3A of the Regulations details the categories of prescribed persons. Please provide a description and attach supporting documentation to evidence which prescribed person category you belong to.


This section includes the name and other identifying details of the applicant, executive officer, and where applicable, contact persons.


The RET liable entity is the entity which incurs the liability under the Act for the electricity supplied to the site (this is generally the electricity retailer). If there are multiple liable entities at the start of the year, provide details

3 http://www.cleanenergyregulator.gov.au/RET/Forms-and-resources/Forms-and-resources-for-industry

http://www.cleanenergyregulator.gov.au/RET/Forms-and-resources/Forms-and-resources-for-industry



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for each liable entity by completing Appendix A: Additional liable entity. Note that a separate exemption will be determined in relation to each liable entity.

You may need to contact the liable entity(s) for assistance in completing these questions.

Please indicate if you would like the liable entity to receive the exemption certificate, the exemption determination calculator or the notice of the exemption amount at the same time as the prescribed person. The prescribed person may also authorise the Clean Energy Regulator during the year to provide these details to the liable entity.

If the liable entity changes during a year, the prescribed person may apply (under regulation 22LA) to have the original exemption certificate amended and another exemption certificate issued in relation to the new RET liable entity. This can be done using a separate application form ‘Application for exemption certificate – electricity use method – change of liable entity, which is available on the Clean Energy Regulator website4. Applications for the 2018 year must be made by 31 December 2018.

If multiple concurrent liable entities provide electricity to the site to conduct an EITE activity during the year, the prescribed person may apply (under regulation 22MA) to have the original exemption certificate amended, and another exemption certificate issued to a different liable entity. This can be done by using the ‘Application for exemption certificate – electricity use method – multiple liable entities’ form, which is available on the Clean Energy Regulator website5. Applications for the 2018 year must be made by 31 December 2018.


It is the responsibility of the applicant to identify whether an EITE activity is carried on at a site. Eligible EITE activities are specified in Schedule 6 of the Regulations and at Appendix B: EITE activity summary. The applicant must provide an explanation on how the EITE activity is carried out and any approval information if the activity will commence in 2018.

Please complete Appendix C: EITE activity details for each additional EITE activity that this application relates to.

Note: If there are multiple EITE activities at the site, the exemption certificate will include all EITE activities listed in the application.


The applicant must provide details of the site at which the EITE activity(s) is carried out, including electricity generation capacity and consumption details.

It is a requirement that a site map is provided (even if it has been provided in previous applications). Full details on the information to be included in the site map is detailed in Part E of the form.


The applicant is to provide the production amounts of each relevant product that is referrable to an EITE activity (actuals for 2017 and estimates for 2018). For example, if the EITE activity ‘production of magnesia’ at a site results in the relevant products of ‘caustic calcined magnesia’ and ‘deadburned magnesia’, then complete Part F in relation to the quantity of all relevant products. These amounts do not need to be audited and represent the best information available when the exemption application form is submitted.

Please complete Appendix D: Quantity of relevant product for each additional EITE activity at the site.

4 http://www.cleanenergyregulator.gov.au/RET/Forms-and-resources/Forms-and-resources-for-industry 5 http://www.cleanenergyregulator.gov.au/RET/Forms-and-resources/Forms-and-resources-for-industry






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Note: If the application form is submitted before the exemption year starts then the production for the previous year may be estimated.

At question 46 please indicate whether the site is part of an activity group as defined in subregulation 22A(9). If the site is part of an activity group, you must complete Appendix E: EITE activity group. If the site is not part of an activity group (or is part of an activity group where at all the other sites in the activity group the EITE activity is only carried out in an ancillary manner), then the relevant product is referrable to a single site. If the site is part of an activity group (excluding an activity group where at all the other sites in the activity group, the EITE activity is only carried out in an ancillary way) then the relevant product relates to multiple sites in the activity group.

In Appendix E, the electricity used at each site in the activity group (ES) is based on the 2016/17 financial year. You are to provide estimates of electricity amounts for the ES. If you believe the percentage of electricity (ES/ET) used at each site in the activity group does not reflect the 2018 year, you are required to provide an explanation and a substitute percentage for each site for 2018.

For EITE activities part of an activity group, use information provided in Appendix E to determine the production at the site for each relevant product at question 48.


The Clean Energy Regulator will consider the information provided by the applicant when determining a method that would accurately represent the electricity that is used in undertaking the EITE activity(s) at the site for 2018. A separate method will be determined for each liable entity listed in the application that is providing electricity to the site.

If the applicant considers internal metering data should be used (whether alone or as part of a formula with other elements), the applicant is to provide details of the metering data that should be used to identify the exemption amount (to be determined by the Clean Energy Regulator in January 2019) for the liable entity. This should identify information for the meters supplying the data, including the National Metering Identifier (if any) for each such meter within the meaning of the National Electricity Rules.

The applicant is to consider if metering data is sufficient and appropriate to identify the exemption amount and provide an explanation as to why or why not.

The applicant is to provide a formula they consider would be appropriate to identify the exemption amount related to each liable entity, and an explanation of the elements of the proposed formula and why it would be appropriate.

Ensure you state assumptions made about any values or amounts relevant to the exemption determination, which are not known at the time of making the application.

If the amount of exemption is likely to exceed 15,000 MWh for 2018, you must attach an audit report that complies with regulation 22UH. Guidelines relating to the audit report are available from the Clean Energy Regulator6.

Part H: Declaration

The declaration refers to the signed section indicating the information is true and correct, and it includes the key obligations of the signatory and the Clean Energy Regulator.

6 http://www.cleanenergyregulator.gov.au/Infohub/Audits/information-for-auditors/maintaining-your-registration-as-an-auditor

http://www.cleanenergyregulator.gov.au/Infohub/Audits/information-for-auditors/maintaining-your-registration-as-an-auditor




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Please indicate the category of prescribed persons under which you are making this application. You must attach supporting documentation as required.

1. Prescribed person type. (required)

Tick one of the boxes below to state the prescribed person category, and complete the relevant section.

Tick If you are a: Please complete only:

person with a contract for electricity supply to the site (as defined by regulation 22G)

Section A1

RET liable entity with operational control of the facility, supplying electricity to the site (as defined by regulation 22H)

Section A2

RET liable entity that will have operational control of the facility, to supply electricity for a future EITE activity at the site (as defined by regulation 22I)

Section A3

person with a new contract for electricity supply to the site (as defined by regulation 22J)

Section A4

person nominated as the ‘controlling person’ for the facility at the time of application (as defined by regulation 22K)

Section A5

Give a brief explanation as to how you fit into your prescribed person category stated above.

Explanation

A1. Person with contract for supply of electricity to site

Only complete this section if the applicant is a person with a contract for a supply of electricity to the site for all or part of the preceding year (as defined in regulation 22G).

If you complete and submit this section, you do not need to complete sections A2, A3, A4 or A5.

2. During the 2017 year (or part thereof), were you a party to a contract with a RET liable entity for the supply of electricity consumed at the site? (required)

Yes

No

3. Are you currently a party to a contract for the supply of electricity consumed at the site? (required)

Yes

No

Attach a copy of the schedule to the current contract (unless this has already been submitted to the Clean Energy Regulator with a previous exemption certificate application).

Attached

The schedule to the current contract has previously been supplied

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4. Is there already a valid application before the Clean Energy Regulator or exemption certificate issued in relation to the site and activity for 2018? (required)

Yes

No

You have completed this section. Go directly to Part B.

A2. RET liable entity with operational control

Only complete this section if the applicant is a RET liable entity with operational control of the facility for the preceding six months, supplying electricity to the site (as defined in regulation 22H).


5. Is the EITE activity carried on at the site? (required)

Yes

No

6. Is the facility the principal facility carried on at the site? (required)

Yes

No

7. During the preceding six months, were you the RET liable entity for the majority of the electricity consumed at the site that gives rise to a relevant acquisition? (required)

Yes

No

8. During the preceding six months, were you the RET liable entity for over 30 per cent of the electricity consumed at the site? (required)

Yes

No

9. Do you currently have operational control of the principal facility at the site the EITE activity is carried out at? (required)

Yes

No

10. Is there already a valid application before the Clean Energy Regulator or exemption certificate issued in relation to the site and activity for 2018? (required)

Yes

No


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A3. RET liable entity for future EITE activity

Only complete this section if the applicant is a RET liable entity who will have operational control of the facility, to supply electricity for a future EITE activity at the site (as defined in regulation 22I).


11. Is the EITE activity not yet carried on at the site immediately before this application? (required)

Yes

No

12. Is the EITE activity going to be carried out at the site during 2018? (required)

Yes

No

13. When the EITE activity is first carried out at the site, will you have operational control of the facility? (required)

Yes

No

14. Is the facility the principal facility carried on at the site? (required)

Yes

No

15. Will you be the RET liable entity for more than 30 per cent of the electricity consumed at the site during 2018? (required)

Yes

No

16. Is there already a valid application with the Clean Energy Regulator or exemption certificate issued for this activity and site for 2018? (required)

Yes

No


A4. Person with a new contract for supply of electricity

Only complete this section if the applicant is a person with a new contract for a supply of electricity to the site (as defined in regulation 22J).


17. Is there currently a prescribed person of a kind mentioned in regulation 22G, 22H or 22I? (required)

Yes

No

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18. Are you a party to a contract with a RET liable entity for a supply of electricity to be consumed at the site in 2018? (required)

Yes

No

Attach a copy of the schedule to the contract.

Attached

19. Are you eligible to be a prescribed person under regulation 22G, 22H or 22I? (required)

Yes

No

20. Is there already a valid application with the Clean Energy Regulator or exemption certificate issued for this activity and site for 2018? (required)

Yes

No


A5. Nominated person

Only complete this section if the applicant is nominated as the ‘controlling person’ of the facility at the time of application (as defined in regulation 22K).


21. Has written notice been given to the Clean Energy Regulator by a prescribed person stating that you may apply for an exemption certificate for the EITE activity and the site with respect to the 2018 year? (required)

Yes

No

Attach a copy of the written notice to this application.

Attached

22. You need to be a controlling person in relation to the principal facility at the site. To determine whether you are a controlling person in relation to the principal facility at the site:

a) Do you have operational control of the facility? (required)

Yes

No

b) Are you a controlling corporation with a member of your group having operational control of the facility? (required)

Yes

No

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c) Do you have financial control over the facility? (required)

Yes

No

d) Is there already a valid application with the Clean Energy Regulator or exemption certificate issued for this activity and site for 2018?

Yes

No

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Applicant details

Please provide details relating to the applicant.

23. Applicant name. (required)

This is the name that appears on the Australian Business Register.

Name

24. Trading name (required if any)

Provide the trading name, if any.

Name

25. Postal address. (required)

The Clean Energy Regulator will use this address for all correspondence relating to the assessment of this application.

Address line 1

Address line 2

Address line 3

Suburb/city

State/territory

Postcode

Country

26. Identifying details. (required)

You must provide one of the following for the applicant in order of precedence: Australian Business Number (ABN), Australian Company Number (ACN), Australian Registered Body Number (ARBN), or the trading name and street address.

ABN

If the applicant does not have an ABN, please provide the applicant’s ACN.

ACN

If the applicant does not have an ABN or an ACN, please provide the applicant’s ARBN.

ARBN

If the applicant does not have an ABN, ACN or an ARBN please provide the applicant's trading name and street address.

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Is the trading name and the street address the same as those provided at questions 24 and 25?

Yes Go to question 27

No Provide details below

Trading name

Address line 1

Address line 2

Suburb/city

State/territory

Postcode

Country

Primary contact person

Nominate a primary contact person with whom the Clean Energy Regulator will deal on matters relating to the application.

27. Primary contact person’s details. (required)

Provide the person’s full name.

Title (e.g. Mr, Mrs,

Dr)

Given name(s)

Last name

Provide the person’s position.

Position

Provide the person’s contact details.

Phone number

Email

Secondary contact person

The Clean Energy Regulator may contact this person if the primary contact cannot be reached.

28. Secondary contact person’s details. (required)

Provide the person’s full name.


Dr)

Given name(s)

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Last name


Position


Phone number

Email

Executive officer

The Clean Energy Regulator may contact this person if required.

29. Executive officer details. (required)

Provide the executive officer’s full name.


Dr)

Given name(s)

Last name

Provide the executive officer’s position.

Position

Provide the executive officer’s contact details.

Phone number

Email

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An exemption certificate will relate to one liable entity for electricity used at the site. If there are multiple liable entities at the site, the prescribed person will receive separate exemption certificates for each liable entity.

The Clean Energy Regulator encourages transparency between applicants and their liable entities. Please discuss the provision of exemption certificate information with your liable entity.

The Clean Energy Regulator may contact RET liable entities about this application and we will contact you before this occurs.

Once issued with an exemption certificate(s) for the RET liable entity(s) listed in this application, if the liable entity changes (under regulation 22LA), you may apply to amend the exemption certificate and have another exemption certificate issued for the new liable entity. Complete an ‘Application for exemption certificate – electricity use method – change of liable entity’ form and submit it by 31 December 2018.

Once issued with an exemption certificate(s) for the RET liable entity(s) listed in this application, if an additional RET liable entity provides electricity during the year (under regulation 22MA), you may apply to amend the exemption certificate and have another exemption certificate for the additional liable entity. Complete an ‘Application for exemption certificate – electricity use method – multiple liable entities’ form and submit it by 31 December 2018.

Liable entity details

Please provide details of the RET liable entity(s) for electricity used at the site, which the exemption certificate(s) will relate to.

30. How many liable entities are providing electricity used at the site? (required)

Number of liable entities

Provide the name of the liable entity(s)

If there is more than one liable entity complete Appendix A: Additional liable entity for each liable entity.

Company name is the name that appears on the Australian Business Register.

Unique code Company name of the liable entity

LE1

LE2

LE3

31. Liable entity, LE1 details. (required)

Provide the trading name if any.

Trading name

Which name is used in the Renewable Energy Certificate (REC) Registry?

Company name

Trading name

Provide the ABN for the liable entity.

ABN

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Do you give the Clean Energy Regulator permission to provide the Exemption certificate, Exemption determination calculator or the Notice of exemption amount to the liable entity specified above?

If yes, this will be provided to the liable entity at the same time it is provided to the prescribed person.

Document Permission

Exemption certificate No

Yes Provide contact details below

Exemption determination

calculator

No


Notice of exemption

amount

No


Provide the liable entity contact person’s full name.


Dr)

Given name(s)

Last name


Position


Phone number

Email

32. Do you intend to apply to be a prescribed person under regulation 22MA in relation to the activity and site for 2018 in respect of an added liable entity at the site?

Yes Provide details below

No Go to question 33

Details

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In this section, you will identify the emissions-intensive trade-exposed (EITE) activity(s) carried out at the site relating to this application.

33. How many EITE activities are carried out at the site? (required)

For each additional EITE activity, complete Appendix C: EITE activity details and attach it to the application.

Eligible EITE activities are specified in Schedule 6 of the Regulations and summarised in Appendix B: EITE activity summary.

Number of EITE activities

Provide the name of each EITE activity.

Unique code Name of the EITE activity as listed in Appendix B

EA1

EA2

EA3

EA4

EA5

34. EITE activity, EA1 status. (required)

Is the EITE activity currently carried on at the site?



35. Commencement date of EITE activity, EA1. (required if any)

What date is the EITE activity expected to commence at the site?

Day (dd) Month (mm) Year (yyyy)

Date

36. Licenses, permissions and approvals for EITE activity, EA1. (required if any)

State what licenses, permissions or approvals are necessary to carry out the EITE activity at the site and whether they have already been obtained.

Licenses, permissions

and approval

37. How will the EITE activity, EA1 be carried on at the site? (required)

Describe how the EITE activity will be carried out in the context of total production at the site in 2018, and state how requirements relating to the relevant activity set out in Schedule 6 of the Regulations are met.

If there is insufficient space, please provide additional information in an attachment.

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How the EITE activity is

carried on at the site

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Provide details of the site at which the EITE activity is carried out.

38. Site name. (required)

As commonly referred to for business purposes.

Site name

39. Provide details of any generation capacity at the site (including technology and MW rating of each generator) and whether the generation gives rise to a relevant acquisition. (required if any)

Details

40. Is there any electricity used at the site that is not a relevant acquisition, because of subsection 31(2) of the Act? (required)



Explanation

41. Site maps. (required)

Provide maps of the site, such as topographical or site maps and electrical line diagrams. Tick the box to confirm maps are attached. The maps must show:

where each EITE activity is carried out at the site (you must supply updated maps if ANY changes have occurred to the site since previous maps were supplied)

sources of electricity generation (including the nameplate rating in MW for each generator) that are part of the site

connections to an electricity grid with a capacity that is 100 MW or more, and

any other points at which electricity is delivered to the site.

Maps attached (maps must be provided for the first application using the electricity use method)

42. Physical address of the site. (required)

Address

Suburb/city

State/territory

Postcode

43. Geographic coordinates. (required)

Google Maps

http://maps.google.com.au/

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Latitude Longitude

Facility geocode as a decimal. Use three decimal places e.g. latitude is

-28.495 and longitude is 146.256

44. Is the site connected to the National Electricity Market (NEM)? (required)

Yes


Electricity network

(e.g. SWIS)

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In Part F, provide an estimated quantity of relevant product for 2018 in relation to each EITE activity carried out at the site. Provide additional information as attachments if required.

45. List the EITE activity the relevant product(s) is referrable to (required)

For each additional EITE activity, complete Appendix D: Quantity of relevant product and attach it to the application.

EITE activity, EA1

46. Is the site part of an activity group? (required)

If no, the relevant product is referrable to single site.



47. Is the EITE activity only carried out in an ancillary way at all other sites in the activity group? (required)

If yes, the relevant product is referrable to a single site. If no, the relevant product relates to multiple sites in an activity group.


No Complete and attach Appendix E: EITE activity group then continue to question 48

48. List the relevant product(s) and its production for 2017 and estimate of production for 2018 at the site (required)

Relevant products for each EITE activity are listed in Appendix B: EITE activity summary.

The relevant product(s) that is identified in the application must meet the requirements specified in Division 3 of a Part in Schedule 6 of the Regulations.

The production amounts (actual and estimated) do NOT need to be audited. 2017 production is to be estimated if the application is submitted before the 2017 year is complete. The 2018 estimated production can represent the production levels used by the facility operators for planning purposes.

If the relevant product/s is part of an EITE activity group, calculate quantity of production at the site using the

formula: (see regulation 22B for details of this formula). You provided these values in the completed Appendix E: EITE activity group.

Unique code

Relevant product 2017 actual production

2018 estimated production

Units (tonnes or kilolitres)

SP1

SP2

SP3

SP4

SP5

SP6

SP7

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Part G: Exemption Determination

In Part G, the details you provide will be considered by the Clean Energy Regulator when determining a method that would accurately represent the exemption electricity that is used in undertaking the EITE activity(s) at the site for 2018.

Refer to the ‘Guidelines for completing a 2018 Application’ for methods of determining exemption.

49. Do you consider that metering data should be used (whether alone or as part of a formula with other elements) to identify the exemption amount? (required)

Yes Include all meters at question 50

No

50. Identify information for the meters supplying the data, including the National Metering Identifier(s) (if any) within the meaning of the National Electricity Rules or other unique metering identifier(s) and provide a description of each meter. (required)

The meter description should include the location, what the meter measures, the name of the liable entity that is providing the electricity (if applicable) and the distribution loss factor (DLF) (as published by AEMO7) that is applied to that NMI for 2017/18.

Note that distribution losses are not included in the calculation of an exemption.

If there is insufficient space, please provide additional information in an attachment.

Metering identifier

Billing meter

or

Internal meter

Meter description Meter location DLF code (if applicable)

7 https://www.aemo.com.au/Electricity/National-Electricity-Market-NEM/Security-and-reliability/Loss-factor-and-regional-boundaries/Distribution-loss-factors-for-the-2017-18-financial-year

https://www.aemo.com.au/Electricity/National-Electricity-Market-NEM/Security-and-reliability/Loss-factor-and-regional-boundaries/Distribution-loss-factors-for-the-2017-18-financial-year



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51. Do you consider that metering data is sufficient and appropriate to identify the exemption amount (include an explanation)? (required)



Explanation

52. What do you consider the formula to be to identify the exemption amount? (required)

Provide a formula referencing the meters identified above (if applicable) and other elements of the proposed formula and why it would be appropriate.

If there are multiple liable entities that provide electricity to the site, provide separate formulas to determine the exemption relating to each liable entity and explanations for each.

If there are more than three liable entities included in this application (in Part C), provide the following details as an attachment.

Formula to determine exemption amount relating to liable entity, LE1 (required)

Liable entity name

Proposed formula

Explanation of each term and

why appropriate

Formula to determine exemption amount relating to liable entity, LE2 (if applicable)

Liable entity name

Proposed formula


why appropriate

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Formula to determine exemption amount relating to liable entity, LE3 (if applicable)

Liable entity 3

Proposed formula


why appropriate

53. Do you expect the amount of exemption to exceed 15,000 MWh for 2018? (required)

Yes An audit report that deals with the site’s electricity use method advice must accompany this application.

No Go to Part H

54. Audit report (required if any)

Attach an audit report that complies with regulation 22UH.

Guidelines relating to the audit report are available on the Clean Energy Regulator website8.

Attached

55. Is the auditor registered as a Category 2 auditor? (required if any)

The auditor must be a ‘registered greenhouse and energy auditor’ (within the meaning of the National Greenhouse and Energy Reporting Act 2007) who is registered as a Category 2 auditor under the National Greenhouse and Energy Reporting Regulations 2008?

Yes

No

56. Is the auditor an independent registered auditor? (required if any)

An independent registered auditor means a registered auditor who is independent of the application or applicants, to the extent that a conflict of interest (within the meaning of the National Greenhouse and Energy Reporting Regulations 2008) does not arise in relation to the auditing of the application.

Yes

No

8 http://www.cleanenergyregulator.gov.au/NGER/For-auditors/Audit-determination-handbook

http://www.cleanenergyregulator.gov.au/Infohub/Audits/forms-and-resources/audit-determination-handbook

http://www.cleanenergyregulator.gov.au/NGER/For-auditors/Audit-determination-handbook

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Part H: Declaration

This section must be signed by the applicant (if an individual) or by a representative of the applicant, on their behalf.

By signing below, the signatory declares and acknowledges that:

a) he or she has the legal capacity and authority to make the application on behalf of the applicant;

b) giving false or misleading information is a serious offence and carries penalties under the Criminal Code Act 1995;

c) all information provided in, or in relation to, this form is, having made all reasonable enquiries, complete, true and correct and not misleading by inclusion or omission;

d) the applicant authorises the Clean Energy Regulator to copy, record, use or disclose any of the information provided in relation to this application for the purposes of processing the application, monitoring compliance, enforcement of laws, the performance of the Clean Energy Regulator’s statutory functions and for related purposes subject to the requirements of relevant laws, in particular the Privacy Act 1988 and Part 3 of the Clean Energy Regulator Act 2011; and

e) the personal information provided in this application may also be copied, recorded, used or disclosed by the Clean Energy Regulator for its administrative purposes, for example, to pre-populate other Clean Energy Regulator forms filled out online in the future, and for improving the Clean Energy Regulator’s service delivery to the applicant.

Full name of signatory

Title or position

Organisation

(if applicable)

Signature

Day (dd) Month (mm) Year (yyyy)

Signature date

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Part I: Application checklist

Ensure you have completed all the mandatory and any other applicable sections, and that all attachments have been provided with this application. Check the box when you have completed the task.


Tick Task Number of attachments

Accurately completed all required fields. Not applicable

Section A1: Schedule of contract for electricity supply (if applicable).

Section A4: Schedule of contract for electricity supply (if applicable).

Section A5: Copy of written notice (if applicable).




Part C: Renewable Energy Target (RET) liable entity



Appendix A: Additional liable entity (if applicable)




Appendix C: EITE activity details (if applicable)

All necessary approvals to support EITE activity (if applicable).



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Site map/s – Must be provided for first application using the electricity use method




Appendix D: Quantity of relevant products (if applicable).

Appendix E: EITE activity group (if applicable).




Additional metering information (if applicable)

Exemption formula details for additional liable entity (if applicable)

Audit report (if applicable)

Part H: Declaration



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Additional information

Definitions

For the purposes of this form:

Term Definition

the Act means the Renewable Energy (Electricity) Act 2000

Applicant means a prescribed person that makes an application for an exemption

EITE activity means an emissions-intensive trade-exposed activity specified in Schedule 6 of the Regulations

EP is the electricity baseline from Schedule 6 of the Regulations (summarised in Appendix B)

Executive officer means, in relation to a body corporate:

a director of the body corporate, or

the chief executive officer (however described) of the body corporate, or

the chief financial officer (however described) of the body corporate, or

the secretary of the body corporate.

Liable entity has the same meaning as in the Act

NGER Act means the National Greenhouse and Energy Reporting Act 2007

Operational control has the same meaning as in the NGER Act

Person Means any of the following:

a body corporate

a trust

a corporation sole

a body politic

a local governing body, or

an individual.

the Regulations means the Renewable Energy (Electricity) Regulations 2001.

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Relevant product means:

in relation to an application for an exemption certificate – a product or substance that is identified in the application as meeting the requirements specified in Division 3 of a Part in Schedule 6 of the Regulations as the basis for the issue of the certificate, and

in relation to an exemption certificate that has been issued – a product or substance that meets the requirements specified in Division 3 of a Part in Schedule 6 of the Regulations as the basis for the issue of the certificate.

Site means the site at which the EITE activity is wholly or partly carried on

Assessment of the application

Once a completed application has been received, the Clean Energy Regulator will make an initial assessment of the application and the supporting documentation provided.

An application and supporting documentation will only continue to be assessed if the application is a validly made application under the Act and the Regulations.

If an application is not validly made, the Clean Energy Regulator will advise the applicant in writing that the application is not validly made and the reasons why it is not a validly made application.

The applicant may re-submit an application for assessment before the legislated deadline.

Where applications are not validly made and the deadline has passed, no further assessment will be undertaken.


In general, the Clean Energy Regulator must issue an exemption certificate within 60 days of receiving a validly made application, or within 60 days, after receiving further information requested by the Clean Energy Regulator in respect of a validly made application. The Clean Energy Regulator will notify the applicant in writing of the decision on the application.

Publishing of information

The Clean Energy Regulator must publish information about an exemption certificate on the Clean Energy Regulator website, in accordance with section 38C of the Act and 22E of the Regulations.

This information includes the name of each person to whom an exemption certificate is issued and the EITE activity set out in the exemption certificate, and the total amount of exemptions given for each EITE activity.

Protection of information

The Clean Energy Regulator is bound by the secrecy provisions of Part 3 of the Act for the information it collects in relation to this application and also by the Privacy Act 1988 in regard to personal information it collects.

Privacy statement

'Personal information' is defined in the Privacy Act 1988 to mean information or an opinion about an identified individual, or an individual who is reasonably identifiable:

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(a) whether the information or opinion is true or not; and

(b) whether the information or opinion is recorded in a material form or not.

The collection of personal information relating to this application is authorised by the Renewable Energy (Electricity) Act 2000 and the Renewable Energy (Electricity) Regulations 2001.

Personal information collected in relation to this application will be used for the purposes of assessing the application, monitoring compliance, enforcement of relevant laws, the performance of our statutory functions and for related purposes. We will also use the personal information which you provide for our administrative purposes, for example, to pre‐populate other Clean Energy Regulator forms which you wish to fill out online in the future, and for improving our service delivery to you. We cannot process an application if we do not collect the relevant personal information.

The Clean Energy Regulator’s Privacy Policy contains information about the agency’s procedures for handling personal information including how a person can access their personal information held by the agency, and how to seek correction of such information. The Privacy Policy also contains information about how to complain about a breach of the Australian Privacy Principles. The Clean Energy Regulator’s Privacy Policy can be found on the Clean Energy Regulator website9.

Accessibility disclaimer

The Clean Energy Regulator has worked to ensure that this document is accessible but please contact us to obtain an alternative version if you are having difficulty, or you have specific accessibility needs.

Please call 1300 553 542 or email the name of the form and your needs to [email protected].

Disclosure of information

The Clean Energy Regulator and authorised staff are only able to disclose information relating to the affairs of a person (including personal information) collected in relation to this application in accordance with the Clean Energy Regulator Act 2011, the Privacy Act 1988, or as otherwise required by law.

Part 3 of the Clean Energy Regulator Act 2011 prevents disclosure of relevant information except in circumstances set out in that Part. Those circumstances include:

disclosure for the purposes of a climate change law or for the purposes of the performance of our functions under a climate change law

disclosure to the Minister

disclosure of summaries or statistics if those summaries or statistics are not likely to enable the identification of a person

disclosure to certain bodies where the Chair of the Clean Energy Regulator is satisfied that disclosure will assist those bodies in the performance of their functions or powers, including the Australian Securities and Investment Commission, and the Australian Competition and Consumer Commission, and

disclosure for the purposes of enforcement of the criminal law, enforcement of a law imposing a pecuniary penalty or for protection of the public revenue, if the Chair of the Clean Energy Regulator is satisfied that disclosure is reasonably necessary for such purpose.

9 http://www.cleanenergyregulator.gov.au/

http://www.cleanenergyregulator.gov.au/


http://www.cleanenergyregulator.gov.au/

Exemption certificate form - Clean Energy Regulator Clean ......original exemption certificate...

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