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These Regulations are the Renewable Energy (Electricity) Regulations 2001.
In these Regulations:
accredited body means a body accredited under the Joint Accreditation System of Australia and New Zealand to give product certification or component certification of solar water heaters.
Act means the Renewable Energy (Electricity) Act 2000.
AS, AS/NZS or Australian Standard followed by a number (for example, AS/NZS 3000:2007) means a standard of that number issued by Standards Australia Limited and, if a date is included, of that date.
auxiliary loss has the meaning given in regulation 3B.
battery, in relation to a battery connected (solar PV) small generation unit, includes a single battery or a group of batteries connected to operate as a single battery.
battery connected (solar PV) small generation unit: see regulation 3C.
bioenergy means the energy derived from the biomass components of an energy source mentioned in any of paragraphs (i) to (s) of the definition of eligible renewable energy source in subsection 17(1) of the Act.
biomass means organic matter other than fossilised biomass.
Examples of fossilised biomass: Coal, lignite.
business day means a day that is not:
a Saturday or a Sunday; or
a public holiday or a bank holiday in the Australian Capital Territory.
Clean Energy Council means Clean Energy Council Limited, ACN 127 102 443.
cogeneration means a power generation process that provides electricity and process heat as outputs.
commercial meter means a meter that is used to record the consumption of electricity for the purposes of a financial transaction between unrelated parties in relation to the consumption of electricity.
component certification, of a solar water heater, means certification by an accredited body in relation to specified components of the solar water heater.
digital identity of an individual means a distinct electronic representation of the individual that enables the individual to be sufficiently distinguished when interacting online with services.
document verification service means the service known as the Australian Government Document Verification Service, or that service continuing in existence with a different name.
identity evidence, for a person: see subregulation 20Q(1).
identity service provider means an accredited participant in the system known as the Australian Government Digital Identity System, or that system continuing in existence with a different name, that provides a service that generates, manages, maintains or verifies information relating to the identity of an individual.
interconnected hydro‑electric system means a hydro‑electric system in which water can be directed from a common storage down different watercourses so that water can be diverted from 1 power station to another, altering the amount of electricity that can be generated by each power station.
Jobs and Competitiveness Program means the Jobs and Competitiveness Program that was in force under the Clean Energy Act 2011 immediately before the repeal of that Act by item 1 of Schedule 1 to the Clean Energy Legislation (Carbon Tax Repeal) Act 2014.
mid‑scale solar (photovoltaic) device means a solar (photovoltaic) device, where:
the device is installed on or after 1 October 2026; and
at the time of installation of the device, the total kW rating of the following is more than 100 kW but no more than 1,000 kW:
the device;
any related solar (photovoltaic) devices;
any related power stations.
A solar (photovoltaic) device with a kW rating of 1,000 kW is installed on 13 January 2027. No related solar (photovoltaic) devices are already installed, and there are no related power stations. So the 1,000 kW device is a mid‑scale solar (photovoltaic) device.
A solar (photovoltaic) device with a kW rating of 60 kW is installed on 1 November 2026. A related solar (photovoltaic) device with a kW rating of 30 kW was installed in 2024. A related power station with a kW rating of 700 kW was accredited in 2025. Therefore, the total kW rating for the purposes of paragraph (b) of this definition is 790 kW. So the 60 kW device is a mid‑scale solar (photovoltaic) device.
A solar (photovoltaic) device with a kW rating of 400 kW is installed on 10 October 2026. A related power station with a kW rating of 700 kW was accredited in 2022. Therefore, the total kW rating for the purposes of paragraph (b) of this definition is 1,100 kW. As 1,100 kW is more than 1,000 kW, the 400 kW device is not a mid‑scale solar (photovoltaic) device.
national electricity market means the interconnected electricity grids in the participating jurisdictions in the National Electricity Rules.
National Electricity (NT) Rules has the same meaning as in the National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 (NT), as in force from time to time.
native forest means a local indigenous plant community:
the dominant species of which are trees; and
containing throughout its growth the complement of native species and habitats normally associated with that forest type or having the potential to develop those characteristics; and
including a forest with those characteristics that has been regenerated with human assistance following disturbance; and
excluding a plantation of native species or previously logged native forest that has been regenerated with non‑endemic native species.
NEM standard metering means the standard of metering mentioned in the National Electricity Rules.
network control ancillary services, for a power station, has the same meaning as in the National Electricity Rules.
nominal capacity, in relation to a battery for a battery connected (solar PV) small generation unit, means the amount of energy (measured in kWh) specified as the nominal capacity for the battery in the list of approved batteries (as existing from time to time) that is published by the person to whom regulation 20AE applies.
The list of approved batteries could in 2025 be viewed on the Clean Energy Council’s website (https://cleanenergycouncil.org.au).
NTESMO has the same meaning as in the National Electricity (NT) Rules.
See item 99A of Schedule 2 to the National Electricity (Northern Territory) (National Uniform Legislation) (Modification) Regulations 2016 (NT), as in force from time to time.
plantation means an intensively managed stand of trees of native or exotic species, created by the regular placement of seedlings or seed.
product certification, of a solar water heater, means certification by an accredited body in relation to the design and manufacture of the solar water heater.
quarter means a period of 3 months commencing on 1 January, 1 April, 1 July or 1 October of a year.
regional forest agreement means a Regional Forest Agreement within the meaning of the Regional Forest Agreements Act 2002.
registered for GST means registered under the A New Tax System (Goods and Services Tax) Act 1999.
Register of solar water heaters means the Register of solar water heaters kept by the Regulator under regulation 19C.
related power station: see subregulation (4).
related solar (photovoltaic) device: see subregulation (3).
required to be registered for GST means required to be registered under the A New Tax System (Goods and Services Tax) Act 1999.
small‑scale solar (photovoltaic) device means a solar (photovoltaic) device, where:
the device has a kW rating of no more than 100 kW; and
if the device was installed before 1 October 2026—the device generates no more than 250 MWh of electricity each year; and
in any case—at the time of installation of the device, the total kW rating of the following is no more than 100 kW:
the device;
any related solar (photovoltaic) devices.
A solar (photovoltaic) device with a kW rating of 40 kW is installed on 12 December 2026. A related solar (photovoltaic) device with a kW rating of 50 kW was installed in 2025. Therefore, the total kW rating for the purposes of paragraph (c) of this definition is 90 kW. So the 40 kW device is a small‑scale solar (photovoltaic) device.
solar (photovoltaic) device means a device whose energy source is solar (photovoltaic).
territorial sea has the meaning given by section 3 of the Seas and Submerged Lands Act 1973.
thinnings means the selective removal of trees and branches from a forest during the growing stage and at harvest.
true‑up report means a true‑up report that is required to be given to the Regulator under section 5 of the Clean Energy Legislation (Carbon Tax Repeal) (Jobs and Competitiveness Program) Rules 2014.
useable capacity, in relation to a battery for a battery connected (solar PV) small generation unit, means the amount of energy (measured in kWh) specified as the useable capacity for the battery in the list of approved batteries (as existing from time to time) that is published by the person to whom regulation 20AE applies.
The list of approved batteries could in 2025 be viewed on the Clean Energy Council’s website (https://cleanenergycouncil.org.au).
For the definition of small generation unit in subsection 5(1) of the Act:
a device whose energy source is hydro is a small generation unit if:
it has a kW rating of no more than 6.4 kW; and
it generates no more than 25 MWh of electricity each year; and
a device whose energy source is wind is a small generation unit if:
it has a kW rating of no more than 10 kW; and
it generates no more than 25 MWh of electricity each year; and
a small‑scale solar (photovoltaic) device is a small generation unit; and
a mid‑scale solar (photovoltaic) device is a small generation unit.
Solar (photovoltaic) devices are related solar (photovoltaic) devices if:
the devices are connected to a grid at one or more connection points and not installed behind a commercial meter subsidiary to any of the connection points; or
both:
the devices are connected to a grid at one or more connection points and installed behind a single commercial meter subsidiary to one or more of the connection points; and
there is no connection subsidiary to the commercial meter that allows electricity to flow between the commercial meter and any other commercial meter or to another connection point; or
both:
the devices are connected to a grid at one or more connection points and installed behind more than one commercial meter subsidiary to one or more of the connection points; and
a connection subsidiary to the commercial meters allows electricity to flow between the commercial meters but not between any other commercial meter or to any other connection point; or
at least 3 of the following apply:
the devices are located at a single site or multiple adjoining sites in the same area;
the devices are installed for the primary purpose of generating electricity for export to a grid;
electrical infrastructure (other than metering equipment) is needed to connect the devices to a grid;
more than 50% of the total kW rating of all devices is from ground mounted systems.
An accredited power station is a related power station of a solar (photovoltaic) device if:
the application for accreditation as an accredited power station listed solar as an eligible energy source from which power is intended to be generated; and
the power station and device are located at a single site or multiple adjoining sites in the same area.
For the definition of solar water heater in subsection 5(1) of the Act, a device that heats water using solar energy is a solar water heater during the period specified in the Register for the device if the device:
is entered in the Register of solar water heaters; and
satisfies subregulation (2) or (3).
Certificates cannot be created for a solar water heater that is an air source heat pump water heater if it has a volumetric capacity of more than 425 L—see subsection 21(4) of the Act.
However, a device is not a solar water heater if the number of certificates that could be created over a 10‑year period for the installation of the device in any one or more of the zones, worked out in accordance with the method mentioned in subregulation 19B(1) or 19BA(3), would be more than 2,500, unless the device was entered into the Register of solar water heaters before 1 December 2018.
Solar water heaters—capacity not more than 700 L
A device satisfies this subregulation if:
the device has a capacity of not more than 700 L; and
an accredited body has given the device product certification to AS/NZS 2712:2007, Solar and heat pump water heaters—Design and construction, as in force at the time the certification is given.
Solar water heaters—capacity more than 700 L
A device satisfies this subregulation if:
the device has a capacity of more than 700 L; and
an accredited body has given the device component certification to each of the following Australian Standards that applies to the device:
AS/NZS 2712:2007 Solar and heat pump water heaters—Design and construction, as in force at the time the certification is given;
the Australian Standards mentioned in clause 1.4 of AS/NZS 2712:2007 Solar and heat pump water heaters—Design and construction, as in force at the time the certification is given; and
the storage tank of the device meets the requirements of:
both:
AS/NZS 4692.1:2005, Electric water heaters, Part 1: Energy consumption, performance and general requirements, as in force at the time the certification mentioned in paragraph (b) is given; and
AS/NZS 4692.2:2005, Electric water heaters, Part 2: Minimum Energy Performance Standard (MEPS) requirements and energy labelling, as in force at the time the certification mentioned in paragraph (b) is given; or
the document called Heat Loss Test Procedure for Solar Water Heaters with a Hot Water Storage Tank Greater than 700 L, first published by the Regulator on 29 May 2003, as in force at the time the certification mentioned in paragraph (b) is given.
A copy of the document mentioned in subparagraph (3)(c)(ii) is available by post from the Regulator, GPO Box 621, Canberra ACT 2601. The document can be viewed on and downloaded from the Regulator’s website: www.cleanenergyregulator.gov.au.
For a power station, auxiliary loss means the amount of electricity used in generating electricity, and operating and maintaining the power station, but does not include any electricity used for network control ancillary services.
For a hydro‑electric power station, auxiliary loss also includes the amount of electricity that is used to pump or to raise water before its release for hydro‑electric generation.
A small generation unit installed at a premises is a battery connected (solar PV) small generation unit if:
the small generation unit is a solar (photovoltaic) device; and
the device is connected (directly or indirectly) to a battery also installed at the premises.
Additional certificates for a small generation unit that is a battery connected (solar PV) small generation unit may be created in accordance with regulations 19D and 20 if the conditions under regulation 20ACA are satisfied.
For subsection 11(2A) of the Act, in determining whether the applicant is a fit and proper person, the Regulator must have regard to the following matters:
whether the applicant has been convicted of an offence against any of the following:
a law of the Commonwealth, a State or a Territory, that relates to dishonest conduct;
a law of the Commonwealth, a State or a Territory, that relates to the conduct of a business;
section 136.1, 137.1 or 137.2 of the Criminal Code;
a foreign law that corresponds to a law mentioned in subparagraphs (i) to (iii) or subparagraphs (b)(i) to (iv);
whether the applicant has breached any of the following:
this Act or these Regulations;
the Australian National Registry of Emissions Units Act 2011 or regulations under that Act;
the Carbon Credits (Carbon Farming Initiative) Act 2011 or regulations under that Act;
the National Greenhouse and Energy Reporting Act 2007 or regulations under that Act;
whether an order has been made against the applicant under:
section 76 of the Competition and Consumer Act 2010; or
section 224 of Schedule 2 to the Competition and Consumer Act 2010, as that section applies as a law of the Commonwealth, a State or a Territory; or
a foreign law that corresponds to a law mentioned in subparagraphs (i) or (ii);
whether the applicant has been refused registration by, de‑registered by, or suspended from participating in, a State or Territory energy efficiency scheme, such as the following:
the Energy Savings Scheme in New South Wales;
the Victorian Energy Efficiency Target scheme;
whether the applicant has:
sought or been granted accreditation by, or membership of, a clean energy organisation; or
been refused accreditation by, or membership of, a clean energy organisation; or
had the applicant’s accreditation by, or membership of, a clean energy organisation suspended or revoked;
whether the applicant is:
for an applicant that is an individual—an insolvent under administration within the meaning of the Corporations Act 2001; and
for an applicant that is a body corporate—a Chapter 5 body corporate within the meaning of the Corporations Act 2001;
for an applicant that is a body corporate—whether overseas or under a foreign law:
the body corporate is being wound up; or
a receiver, or a receiver and manager, has been appointed (whether or not by a court) in respect of the property of the body corporate and is acting; or
the body corporate is under administration; or
the body corporate has executed a deed of company arrangement that has not yet terminated; or
the body corporate is under restructuring; or
the body corporate has made a restructuring plan that has not yet terminated; or
the body corporate has entered into a compromise or arrangement with another person and the administration of which has not been concluded.
If the applicant is a body corporate, the Regulator must also have regard to the following matters:
whether an executive officer of the body corporate has been convicted of an offence against any of the following:
a law of the Commonwealth, a State or a Territory, that relates to dishonest conduct;
a law of the Commonwealth, a State or a Territory, that relates to the conduct of a business;
section 136.1, 137.1 or 137.2 of the Criminal Code;
a foreign law that corresponds to a law mentioned in subparagraphs (i) to (iii) or subparagraphs (b)(i) to (iv);
whether an executive officer of the body corporate has breached any of the following:
this Act or these Regulations;
the Australian National Registry of Emissions Units Act 2011 or regulations under that Act;
the Carbon Credits (Carbon Farming Initiative) Act 2011 or regulations under that Act;
the National Greenhouse and Energy Reporting Act 2007 or regulations under that Act;
whether an order has been made against an executive officer of the body corporate:
under section 76 of the Competition and Consumer Act 2010; or
under section 224 of Schedule 2 to the Competition and Consumer Act 2010, as that section applies as a law of the Commonwealth, a State or a Territory; or
under a foreign law that corresponds to a law mentioned in subparagraph (i) or (ii); or
by a foreign court, disqualifying the executive officer from:
being a director of a body corporate; or
being concerned in the management of a body corporate;
whether an executive officer of the body corporate has been refused registration, de‑registered or suspended from participating in a State or Territory energy efficiency scheme, such as the following:
the Energy Savings Scheme in New South Wales;
the Victorian Energy Efficiency Target scheme;
whether an executive officer of the body corporate has:
sought or been granted accreditation by, or membership of, a clean energy organisation; or
been refused accreditation by, or membership of, a clean energy organisation; or
had the executive officer’s accreditation by, or membership of, a clean energy organisation suspended or revoked.
For paragraphs (1)(e) and (2)(e), a clean energy organisation means an organisation that has a constitution and operates a scheme that:
accredits, or provides membership to, persons who do one or more of the following:
install small generation units or solar water heaters;
supply small generation units or solar water heaters;
create or trade in small‑scale technology certificates; and
has a code of conduct that is binding on persons who are accredited by, or members of, the organisation; and
monitors compliance with the code of conduct and is able to take action against a person who is accredited by, or a member of, the organisation for a breach of the code (such as by suspending the person’s accreditation or membership).
1 Clean Energy Council
2 REC Agents Association Incorporated (ABN 950 64 032 965).
For subsection 13(2A) of the Act, 1 April 2012 is prescribed as the day after which an application that lists eligible WCMG as an eligible energy source cannot be made.
For paragraph 14(2)(b) of the Act:
a power station that is in the national electricity market must use NEM standard metering; and
a power station that is not in the national electricity market must use metering that enables the Regulator to determine the amount of electricity generated by the power station; and
the power station must be operated in accordance with any relevant Commonwealth, State, Territory or local government planning and approval requirements.
For subsection 14(4) of the Act, the guidelines are set out in Schedule 1.
For subsection 14(4) of the Act, the guidelines for determining the 1997 eligible renewable power baseline for a power station are set out in Schedule 3.
See section 30F of the Act and Division 2.6 of these Regulations in relation to varying the 1997 eligible renewable power baseline for an accredited power station.
For subsection 14(4) of the Act, the guidelines for determining the 2008 WCMG limit for a power station are set out in Schedule 3A.
See section 30G of the Act and Division 2.7 of these Regulations in relation to varying the 2008 WCMG limit for an accredited power station.
For subsections 17(3) and (4) of the Act:
agricultural waste means the putrescible biomass wastes produced during agricultural operations, including livestock husbandry.
biomass‑based components of municipal solid waste means the biomass‑based components of wastes that are directly sourced from, or eligible to be disposed of in, landfill or a waste transfer station that is licensed by a State or Territory government body or by a local government authority, but does not include biomass‑based components of wastes originating from:
forestry or broadacre land clearing for agriculture, silviculture and horticulture operations; or
fossil fuels.
black liquor means the mixture arising from the chemical wood pulping process.
hot dry rock includes hot fractured rock.
landfill gas means the gas produced by the breaking down of the organic part of municipal landfills.
sewage gas means gas produced by the decomposition of domestic and commercial wastes that are collected from sewerage systems and treated by sewage treatment plants.
waste from processing of agricultural products means the biomass waste produced from processing agricultural products.
For subsection 17(3) of the Act:
fossil fuels means any of the following:
coal, oil, natural gas or other petroleum‑based products;
products, by‑products and wastes associated with, or produced from, extracting and processing coal, oil, natural gas or other petroleum‑based products.
Condensate liquids, coal seam methane, coal mine methane.
waste products derived from fossil fuels means the components of waste streams that:
are made using, as raw materials, any material that is a fossil fuel for the Act; and
are products or by‑products of manufacturing operations, including plastics, tyres, disposable nappies, synthetic carpets and synthetic textiles.