CER-RET-032

FORM
CER-RET-032
V1.012/01/2018

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.

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 Act[1] and the Regulations[2] 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, 3April2018. 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.

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

By post

Post your completed application with any accompanying documentation to:

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

By email

You can submit your completed application by email:
.

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.
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 website[3]. 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 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

Part A: Prescribed person

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.

Part B: Applicant details

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

Part C: RETliable entity

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, providedetailsfor 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 newRET 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 website[4]. Applications for the 2018year must be made by 31 December 2018.

If multipleconcurrent 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 issuedto a different liable entity. This can be doneby using the ‘Application for exemption certificate – electricity use method – multiple liable entities’ form, which is available on the Clean Energy Regulator website[5]. Applications for the 2018year must be made by31 December 2018.

Part D: Emissions-intensive trade-exposedactivity

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 completeAppendix C: EITE activity detailsfor 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.

Part E: Site details

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.

Part F: Quantity of relevant product

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 productfor each additional EITE activity at the site.

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

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.

Part G: Exemption determination

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 Regulatorin 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 Regulator[6].

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.

Part A:Prescribed person

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 acontract for electricity supplyto 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 afuture 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.

  1. During the 2017year (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
  1. 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
  1. 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).

If you complete and submit this section, you do not need to complete sections A1, A3, A4 or A5.

  1. Is the EITE activitycarried on at the site?(required)

Yes
No
  1. Is the facility the principal facility carried on at the site? (required)

Yes
No
  1. During the precedingsix 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
  1. During the precedingsix months, were you the RET liable entity for over 30 per centof the electricity consumed at the site? (required)

Yes
No
  1. Do you currently have operational control of the principal facility at the site the EITE activity is carried out at? (required)

Yes
No
  1. 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. 

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).