1Name#
This instrument is the Renewable Energy (Electricity) Amendment (Mid-scale Solar) Regulations 2026.
2Commencement#
(1)Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information | ||
|---|---|---|
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. The whole of this instrument | 1 October 2026. | 1 October 2026 |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2)Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
4Schedules#
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1 · Amendments
Renewable Energy (Electricity) Regulations 2001#
1 Subregulation 3(1)
Insert:
mid-scale solar (photovoltaic) device means a solar (photovoltaic) device, where:
(a)the device is installed on or after 1 October 2026; and
(b)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:
(i)the device;
(ii)any related solar (photovoltaic) devices;
(iii)any related power stations.
Example 1: 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.
Example 2: 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.
Example 3: 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.
small-scale solar (photovoltaic) device means a solar (photovoltaic) device, where:
(a)the device has a kW rating of no more than 100 kW; and
(b)if the device was installed before 1 October 2026—the device generates no more than 250 MWh of electricity each year; and
(c)in any case—at the time of installation of the device, the total kW rating of the following is no more than 100 kW:
(i)the device;
(ii)any related solar (photovoltaic) devices.
Example: 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).
2 Paragraph 3(2)(c)
Repeal the paragraph, substitute:
(c)a small-scale solar (photovoltaic) device is a small generation unit; and
(d)a mid-scale solar (photovoltaic) device is a small generation unit.
3 Subregulations 3(2A) and (3)
Repeal the subregulations, substitute:
(3)Solar (photovoltaic) devices are related solar (photovoltaic) devices if:
(a)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
(b)both:
(i)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
(ii)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
(c)both:
(i)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
(ii)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
(d)at least 3 of the following apply:
(i)the devices are located at a single site or multiple adjoining sites in the same area;
(ii)the devices are installed for the primary purpose of generating electricity for export to a grid;
(iii)electrical infrastructure (other than metering equipment) is needed to connect the devices to a grid;
(iv)more than 50% of the total kW rating of all devices is from ground mounted systems.
(4)An accredited power station is a related power station of a solar (photovoltaic) device if:
(a)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
(b)the power station and device are located at a single site or multiple adjoining sites in the same area.
4 Paragraphs 3C(a) and (b)
Omit “system”, substitute “device”.
5 Subparagraph 19D(2)(d)(i)
Omit “solar (photovoltaic) system”, substitute “small-scale solar (photovoltaic) device”.
6 Paragraph 19D(2)(d)
Omit “item.”, substitute “item; or”.
7 Paragraph 19D(2)(d) (table, heading to column 1)
Omit “system”, substitute “device”.
8 At the end of subregulation 19D(2)
Add:
(e)if:
(i)the unit is a mid-scale solar (photovoltaic) device; and
(ii)no certificate has been created for the unit under paragraph (a), (b) or (c);
within 12 months of installation and for the period of 5 years.
9 Subregulation 19D(3)
After “(2)(d)”, insert “or (e)”.
10 Subregulation 19D(6) (examples 1 and 2)
Omit “system”, substitute “device”.
11 Subregulation 20AC(2) (heading)
Omit “design and installation”, substitute “installation and design”.
12 Subregulation 20AC(2)
Omit “was designed and installed”, substitute “was installed and (other than for a mid-scale solar (photovoltaic) device) designed”.
13 After subregulation 20AC(4)
Insert:
Condition—Commonwealth government requirements (mid-scale solar (photovoltaic) devices)
(4A)If the unit is a mid-scale solar (photovoltaic) device, all Commonwealth government requirements have been met for the installation of the unit.
Example: Any Commonwealth government planning and approval requirements.
Note: The condition in subregulation (4) must also be satisfied in relation to a mid-scale solar (photovoltaic) device.
Condition—evidence of planning and approval government requirements (mid-scale solar (photovoltaic) devices)
(4B)If the unit is a mid-scale solar (photovoltaic) device, the person who is entitled to create the certificates for the unit has given the Regulator written information or documents that evidence that all Commonwealth, State, Territory or local government planning and approval requirements have been met for the installation of the unit.
14 Paragraphs 20AC(5)(aa) and (d)
Before “a written statement by”, insert “for a unit other than a mid-scale solar (photovoltaic) device—“.
15 After paragraph 20AC(5)(d)
Insert:
(da)for a unit that is a mid-scale solar (photovoltaic) device—a written statement by the installer of the unit that:
(i)all Commonwealth government planning or approval requirements have been met for the installation of the unit; and
(ii)the installer has a copy of the information or documents mentioned in subregulation (4B); and
16 Subparagraph 20AC(5)(e)(ii)
After “time)”, insert “or (for a mid-scale solar (photovoltaic) device) that the Standard is not applicable to the inverter”.
17 Subregulation 20AC(5A) (heading)
Omit “solar retailer (solar (photovoltaic) systems)”, substitute “retailer (small-scale solar (photovoltaic) devices)”.
18 Subregulation 20AC(5A)
Omit “If the unit is a solar (photovoltaic) system”, substitute “If the unit is a small-scale solar (photovoltaic) device”.
19 Subregulation 20AC(8) (heading)
Repeal the heading, substitute:
Conditions—information not to be false or misleading
(7A)None of the information or documents given to the Regulator for the purposes of subregulation (4B) is, or contains, information that:
(a)is false or misleading in a material particular; or
(b)omits a matter or thing without which the information is misleading in a material particular.
20 After subparagraph 20ACA(2)(b)(i)
Insert:
(ia)the conditions mentioned in subregulations 20AC(4A) and (4B) (if applicable) are satisfied in relation to the small generation unit and its installation; and
21 After subparagraph 20ACA(12)(g)(i)
Insert:
(ia)the conditions mentioned in subregulations 20AC(4A) and (4B) (if applicable) are satisfied in relation to the small generation unit and its installation; and
22 Paragraphs 20AH(2A)(a) and (c)
Omit “solar (photovoltaic) systems”, substitute “small-scale solar (photovoltaic) devices”.
23 Subparagraph 39(d)(iii)
Repeal the subparagraph, substitute:
(iii)if the unit is an on-grid system and AS 4777, Grid connection of energy systems via inverters, is applicable—that Standard;
24 After paragraph 39(d)
Insert:
(da)if the unit is a mid-scale solar (photovoltaic) device:
(i)all Commonwealth government requirements have been met for the installation of the unit; and
(ii)the information or documents mentioned in subregulation 20AC(4B) have been given to the Regulator;
(db)none of the information or documents given to the Regulator for the purposes of subregulation 20AC(4B) is, or contains, information that:
(i)is false or misleading in a material particular; or
(ii)omits a matter or thing without which the information is misleading in a material particular;
Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.