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National Greenhouse and Energy Reporting Regulations 2008

Authoritative Version
  • - F2011C00947
  • In force - Superseded Version
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SLI 2008 No. 127 Regulations as amended, taking into account amendments up to National Greenhouse and Energy Reporting Amendment Regulations 2011 (No. 2)
These Regulations provide the necessary details that allow compliance with, and administration of, the National Greenhouse and Energy Reporting Act 2007 (the Act). The Act establishes a national framework for reporting greenhouse gas emissions, greenhouse gas projects (abatement actions) and energy consumption and production by Australian corporations.
Administered by: Climate Change and Energy Efficiency
Registered 09 Dec 2011
Start Date 08 Dec 2011
End Date 01 Apr 2012
Table of contents.
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Collapse Part 1 Preliminary 
Part 1 Preliminary
1.01 Name of Regulations [see Note 1]
1.02 Commencement
1.03 Definitions in the Regulations
Expand Part 2 Interpretation 
Part 2 Interpretation
Expand Part 3 Registration 
Part 3 Registration
Expand Part 4 Obligations of registered corporations etc 
Part 4 Obligations of registered corporations etc
Expand Part 5 Disclosure of information 
Part 5 Disclosure of information
Expand Part 6 Administration 
Part 6 Administration

National Greenhouse and Energy Reporting Regulations 2008

Select Legislative Instrument 2008 No. 127 as amended

made under the

This compilation was prepared on 8 December 2011
taking into account amendments up to SLI 2011 No. 269

The text of any of those amendments not in force on that date is appended in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra


Contents

Part 1                          Preliminary                                                                 

                    1.01      Name of Regulations [see Note 1]                                  10

                    1.02      Commencement                                                            10

                    1.03      Definitions in the Regulations                                         10

Part 2                          Interpretation                                                             

Division 2.1                 Purpose of Part                                                              

                    2.01      Purpose of Part                                                            20

Division 2.2                 Section 7 definitions                                                       

                  2.01A      Definition of business unit                                             20

                    2.02      Definition of carbon dioxide equivalence — values specified for determining carbon dioxide equivalence                                                                   20

                    2.03      Definition of energy — specified fuel and other energy commodities            22

                    2.04      Definition of greenhouse gas — specified kinds of hydrofluorocarbons        22

                    2.05      Definition of greenhouse gas — specified kinds of perfluorocarbons            22

                    2.06      Definition of industry sector                                           23

                    2.07      Specified activities for the definition of oil or gas extraction activity  23

Division 2.3                 Section 8 rules                                                               

                    2.08      Rules for making nominations — responsible entity for joint venture 23

                    2.09      Rules for revoking nominations — unilateral revocation by responsible entity for joint venture                                                                                    25

                    2.10      Rules for revoking nominations — revocation by participants in a joint venture          26

                    2.11      Rules for making nominations — responsible entity for partnerships 28

                    2.12      Rules for revoking nominations — unilateral revocation by responsible entity for partnership  29

                    2.13      Rules for revoking nominations — revocation by partners in partnership        30

Division 2.4                 Facilities: section 9                                                         

Subdivision 2.4.1         General                                                                                                     

                  2.13A      Definition                                                                      32

                    2.14      Meaning of overall control                                              32

Subdivision 2.4.2         Circumstances in which an activity or activities will form part of a single undertaking or enterprise                                                                                                                    

                    2.15      Purpose of Subdivision                                                 32

                    2.16      Forming part of a single undertaking or enterprise — activities at a single site           33

                    2.17      Forming part of a single undertaking or enterprise — listed activity at different site    33

                    2.18      Forming part of a single undertaking or enterprise — listed activity for more than 1 single undertaking or enterprise                                               34

                    2.19      Forming part of a single undertaking or enterprise — transport sector activities         35

                    2.20      Forming part of a single undertaking or enterprise — electricity, gas etc activities      36

Subdivision 2.4.3         Activities attributable to industry sectors                                       

                    2.21      Purpose of Subdivision                                                 37

                    2.22      Activities to be attributable to the same industry sector as the principal activity         37

Division 2.5                 Meaning of emissions, production and consumption: section 10 

                    2.23      Meaning of emissions, production and consumption         38

Part 3                          Registration                                                               

Division 3.1                 Purpose of Part                                                              

                    3.01      Purpose of Part                                                            40

Division 3.2                 Requirements for applications                                        

                    3.02      Requirements for applications for registration — contents of applications     40

                    3.03      Requirements for applications for registration — form of application            41

Division 3.3                 The Register                                                                   

                    3.04      Information to be entered on the Register                       41

Division 3.4                 Deregistration                                                                 

                    3.05      Requirements for applications for deregistration – content of application      43

                    3.06      Requirements for applications for deregistration – form of application          44

Part 4                          Obligations of registered corporations etc        

Division 4.1                 Purpose of Part                                                              

                    4.01      Purpose of Part                                                            45

Division 4.2                 General                                                                           

                    4.02      Purpose and application of the Part                               45

Division 4.3                 General reporting requirements                                      

                    4.03      Purpose of Division                                                      46

                    4.04      General reporting requirements                                       46

Division 4.4                 Reporting greenhouse gas emissions, energy production and energy consumption        

Subdivision 4.4.1         Purpose of Division                                                                               

                    4.05      Purpose of Division                                                      48

Subdivision 4.4.2         Greenhouse gas emissions from fuel combustion                      

                    4.06      Purpose of Subdivision                                                 48

                    4.07      Greenhouse gas emissions from combustion of fuel       48

Subdivision 4.4.3         Greenhouse gas emissions from particular sources                  

                    4.09      Purpose of this Subdivision                                           49

                    4.10      Greenhouse gas emissions — coal mining                      49

                    4.11      Greenhouse gas emissions — oil or gas                         53

                    4.12      Greenhouse gas emissions — carbon capture and storage 58

                    4.13      Greenhouse gas emissions — mineral products              59

                    4.14      Greenhouse gas emissions — chemical products           65

                    4.15      Greenhouse gas emissions — metal products                67

                    4.16      Greenhouse gas emissions — hydrofluorocarbons and sulphur hexafluoride gases   70

                    4.17      Greenhouse gas emissions — waste                              70

                  4.17A      Report to include amount of uncertainty                         82

Subdivision 4.4.4         Energy production                                                                                 

                    4.18      Purpose of Subdivision                                                 83

                    4.19      Energy produced                                                          83

                    4.20      Electricity produced                                                      83

Subdivision 4.4.5         Energy consumption                                                                             

                    4.21      Purpose of Subdivision                                                 84

                    4.22      Energy consumption                                                     84

                    4.23      Consumption of energy if both electricity and another product are produced 85

Division 4.5                 Other reporting requirements                                         

                    4.24      Purpose of Division                                                      86

                    4.25      Reporting aggregated amounts from facilities                 86

                    4.26      Reporting percentages of emissions and energy             88

                    4.27      Reporting about incidental emissions and energy            89

                    4.28      Reporting for facilities that are networks and pipelines    92

                    4.29      Reporting for facilities that are vertically integrated production processes     92

                    4.30      Reporting about contractors                                          94

                    4.31      Reporting a change in principal activity for facility           95

Division 4.6                 No thresholds met                                                          

                    4.32      Reporting where no section 13 thresholds met                96

Division 4.7                 Reporting of information by another person                   

                    4.33      Application for a determination                                      96

Part 5                          Disclosure of information                                       

Division 5.1                 Purpose of Part                                                              

                    5.01      Purpose of Part                                                            98

Division 5.2                 Information                                                                     

                    5.02      Specified persons for disclosure of information             98

Part 6                          Administration                                                           

Division 6.1                 Purpose of Part                                                              

                    6.01      Purpose of Part                                                           101

Division 6.2                 Other information required                                             

                    6.02      Application under section 54 — other information required 101

                    6.03      Application under section 55 — other information required 103

                    6.04      Form of identity card                                                   105

Division 6.3                 Register of greenhouse and energy auditors                   

Subdivision 6.3.1         Overview                                                                                                 

                    6.05      Overview of Division                                                    106

Subdivision 6.3.2         Register                                                                                                   

                    6.06      Content of register                                                       106

                    6.07      Publication of register                                                  107

Division 6.4                 Qualifications etc of applicants for registration               

Subdivision 6.4.1         Overview                                                                                                 

                    6.08      Overview of Division                                                    107

                    6.09      Overview of categories of registered greenhouse and energy auditors          108

Subdivision 6.4.2         Qualifications and status as a fit and proper person                   

                    6.10      Overview of Subdivision                                              108

                    6.11      Relevant academic qualifications                                  109

                    6.12      Applicant must be fit and proper person                       109

Subdivision 6.4.3         Knowledge                                                                                              

                    6.13      Overview of Subdivision                                              110

                    6.14      NGER legislation knowledge                                        110

                  6.14A      CFI legislation knowledge                                            110

                    6.15      Audit knowledge                                                          111

                    6.16      Audit team leadership and assurance knowledge — Category 2 and 3 applicants       111

Subdivision 6.4.4         Experience                                                                                              

                    6.17      Overview of Subdivision                                              112

                    6.18      Meaning of eligible referee                                            112

                    6.19      Auditing experience required for applicants for Category 1 registration          112

                    6.20      Auditing experience required for applicants for Category 2 registration          113

                    6.21      Auditing experience required for applicants for Category 3 registration          113

Division 6.5                 Registration of greenhouse and energy auditors             

Subdivision 6.5.1         Overview                                                                                                 

                    6.22      Overview of Division                                                    114

Subdivision 6.5.2         Obtaining registration                                                                           

                    6.23      Form and content of applications for registration          115

                    6.24      Incomplete applications                                               116

                    6.25      Decisions on applications                                            116

Subdivision 6.5.3         Reviewing registration                                                                         

                    6.26      Review of registration                                                  118

                    6.27      Registered greenhouse and energy auditor to provide reasonable facilities and assistance for review                                                                         118

Subdivision 6.5.4         Suspension of registration                                                                  

                    6.28      Overview                                                                     118

                    6.29      Greenhouse and Energy Data Officer may give notice of intention to suspend registration     119

                    6.30      Action on Greenhouse and Energy Data Officer’s notice 120

                    6.31      Registered greenhouse and energy auditor may request suspension 121

                    6.32      Duration and effect of suspension                               121

Subdivision 6.5.5         Deregistration                                                                                        

                    6.33      Overview                                                                     122

                    6.34      Greenhouse and Energy Data Officer may give notice of intention to deregister        122

                    6.35      Action on Greenhouse and Energy Data Officer’s notice 123

                    6.36      Deceased registered greenhouse and energy auditor must be deregistered   123

                    6.37      Registered greenhouse and energy auditor may request deregistration          124

Subdivision 6.5.6         Inspections                                                                                              

                    6.38      Overview of Subdivision                                              124

                    6.39      When inspections may be undertaken                           125

                    6.40      Who may undertake or assist in an inspection               125

                    6.41      Notice of inspection                                                    125

                    6.42      Inspector to act independently                                     126

                    6.43      Inspection of audit documents                                     127

                    6.44      Auditor to provide reasonable facilities and assistance for inspection           127

Division 6.6                 Requirements to be met to maintain registration            

Subdivision 6.6.1         Overview                                                                                                 

                    6.45      Overview of Division                                                    127

Subdivision 6.6.2         Compliance with Code of Conduct                                                   

                    6.46      Code of Conduct                                                         128

Subdivision 6.6.3         General independence requirements                                              

                    6.47      Conflict of interest situation                                         130

                    6.48      Meaning of engages in audit activity                             133

                    6.49      Meaning of conflict of interest situation                         134

                    6.50      Meaning of professional members of the audit team       134

Subdivision 6.6.4         Independence requirements in specific audit situations            

                    6.51      Audit team leader to comply with requirements of this Subdivision    135

                    6.52      Audit team leader not to engage in audit activity during occurrence of certain circumstances  135

                    6.53      Audit team leader must cease to be leader                    135

                    6.54      Audit team leader must seek exemption etc for team member           136

                    6.55      Relevant items for persons and entities                        137

                    6.56      Relevant relationships                                                  138

                    6.57      Exceptions to relevant relationships                             140

Subdivision 6.6.5         Other independence requirements                                                   

                    6.58      Audit team leader disqualified after working with audited body in certain cases         142

                    6.59      Audit team leader rotation requirement                          143

Subdivision 6.6.6         Insurance                                                                                                 

                    6.60      Registered greenhouse and energy auditor must have insurance       143

Subdivision 6.6.7         Conditions                                                                                               

                    6.61      Conditions                                                                  145

                    6.62      How conditions are imposed                                        146

                    6.63      Restrictions on audit team leader accepting audit          147

Subdivision 6.6.8         Other requirements                                                                              

                  6.64A      Definition                                                                    147

                    6.64      Registered auditor must continue to be fit and proper person           147

                    6.65      Continuing professional development requirements       148

                    6.66      Participation in audits                                                  149

                    6.67      Notice requirements — change in circumstances           149

                    6.68      Notice requirements of audit team leaders                    150

                    6.69      Requirement to give report                                           150

                    6.70      Retention of audit records                                            151

Subdivision 6.6.8         Exemptions                                                                                             

                    6.71      Greenhouse and Energy Data Officer may grant exemptions in certain cases            151

Division 6.7                 Other matters                                                                  

                    6.72      Legislative instrument                                                  152

                    6.73      Review by AAT of decisions of Greenhouse and Energy Data Officer           153

Schedule 1                  Fuels and other energy commodities specified for the purposes of the definition of energy in section 7 of Act                                                          154

Schedule 2                  Meaning of industry sector for the purposes of section 7 of the Act           158

Notes                                                                                                        166

 


Part 1                 Preliminary

  

1.01        Name of Regulations [see Note 1]

                These Regulations are the National Greenhouse and Energy Reporting Regulations 2008.

1.02        Commencement

                These Regulations commence on 1 July 2008.

1.03        Definitions in the Regulations

                In these Regulations:

ABN or Australian Business Number has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.

ACN has the meaning given by section 9 of the Corporations Act 2001.

Act means the National Greenhouse and Energy Reporting Act 2007.

affected group member, for a financial year, means a member of a controlling corporation’s group that meets, or that the chief executive officer of the controlling corporation is satisfied is likely to meet, 1 or more of the following requirements:

                (a)    if the group meets, or is likely to meet, 1 or more of the thresholds for the financial year under paragraph 13 (1) (a), (b) or (c) of the Act — the member has operational control of a facility for at least part of the financial year;

               (b)    if the group meets, or is likely to meet, a threshold for the financial year under paragraph 13 (1) (d) of the Act — the member has operational control of a facility the operation of which during the financial year causes, or is likely to cause, the group to meet the threshold;

                (c)    if the controlling corporation makes an application under section 14 of the Act during the financial year — the member is undertaking or is proposing to undertake a greenhouse gas project to which the application relates;

(d)   a subsidiary of the member meets, or is likely to meet, 1       or more of the requirements in paragraphs (a), (b) and (c)         during the financial year.

ANZSIC division means a division identified by an alpha character published in the Australian and New Zealand Standard Industrial Classification (ANZSIC), 2006.

ANZSIC industry classification and code means an industry classification and code for that classification published in the Australian and New Zealand Standard Industrial Classification (ANZSIC), 2006.

ARBN has the meaning given by section 9 of the Corporations Act 2001.

Audit Determination means the National Greenhouse and Energy Reporting (Audit) Determination 2009.

Note   The determination is made under subsection 75 (1) of the Act.

audited body means a registered corporation, a person referred to in section 20 of the Act or a project proponent, in respect of whose compliance with the Act, the regulations or the CFI Act a greenhouse and energy audit or CFI audit is to be, or is being, carried out.

Auditor Registration Instrument means the legislative instrument made by the Greenhouse and Energy Data Officer under regulation 6.72.

audit team leader has the meaning given:

                (a)    for a greenhouse and energy audit — in the Act;

               (b)    for a CFI audit — in the CFI Act.

Australian Statistician is the person referred to in subsection 5 (2) of the Australian Bureau of Statistics Act 1975.

blast furnace gas means the gas that occurs as a result of operating a blast furnace.

brown coal means brown coal that has a gross calorific value of:

                (a)    less than 17 435 kilojoules per kilogram (4 165 kilocalories per kilogram); and

               (b)    greater than 31% volatile matter on a dry mineral free base.

carbon capture and storage has the meaning given in Chapter 5 of the Intergovernmental Panel on Climate Change Guidelines for National Greenhouse Gas Inventories, Volume 2, Energy, as in force on 1 July 2008.

carbon dioxide equivalence or CO2‑e has the meaning given in section 7 of the Act and regulation 2.02.

Category 1 auditor means a registered greenhouse and energy auditor who is registered as a Category 1 auditor under subregulation 6.25 (3).

Category 2 auditor means a registered greenhouse and energy auditor who is registered as a Category 2 auditor under subregulation 6.25 (3).

Category 3 auditor means a registered greenhouse and energy auditor who is registered as a Category 3 auditor under subregulation 6.25 (3).

CFI Act means the Carbon Credits (Carbon Farming Initiative) Act 2011.

CFI legislation means:

                (a)    the CFI Act; and

               (b)    any legislative instrument made under the CFI Act.

chemical product includes adipic acid, ammonia, carbide, nitric acid, soda ash, synthetic rutile or titanium dioxide.

chemical product containing carbon means 1 of the following:

                (a)    polyethylene;

               (b)    polypropylene;

                (c)    BR or SBR rubber;

               (d)    styrene;

                (e)    carbon black.

CO2 means carbon dioxide.

coal briquette means an agglomerate formed by compacting a coal particulate material in a briquette press, with or without added binder material.

coal coke means a solid product obtained from the carbonisation of coal at a high temperature and includes coke oven coke, coke breeze, foundry coke, retort coke and coal char.

coal tar means the tar that results from the destructive distillation of bituminous coal or the low temperature carbonization of brown coal.

COD or chemical oxygen demand means the total material available for chemical oxidation (both biodegradable and non‑biodegradable) measured in tonnes.

Code of Conduct means the principles set out in regulation 6.46.

cogeneration process means a process that combines the generation of heat and power to produce electricity and another product within 1 integrated production process.

coke oven gas means the gas that is a by‑product in the production of coke or iron and steel.

coking coal means coal that is used to produce coke.

compressed natural gas means natural gas that is:

                (a)    used for vehicles that are modified to use such gas; and

               (b)    stored in high pressure fuel cylinders prior to being used in those vehicles.

conflict of interest situation has the meaning given by regulation 6.49.

consumption of energy has the meaning given in subregulation 2.23 (4).

crude oil condensates means a condensate recovered from natural gas that is mixed with the crude oil.

dry wood means wood that:

                (a)    has a moisture content of 20% or less if the moisture content is calculated on a wet basis; and

               (b)    is combusted to produce heat or electricity.

efficiency method has the same meaning as it has in the Measurement Determination.

eligible offsets project has the same meaning as in the CFI Act.

eligible referee has the meaning given by regulation 6.18.

emissions of greenhouse gas has the meaning given in subregulation 2.23 (2).

engage in audit activity has the meaning given by regulation 6.48.

energy has the meaning given in regulation 2.03.

energy content factor has the meaning given in the Measurement Determination.

facilities of the corporation, in relation to a registered corporation, means the facilities under the operational control of the corporation and entities that are members of the corporation’s group.

facility specific emission factor, for a source for a facility, is the parameter in the equation that determines the rate of emissions for the facility estimated in accordance with method 2, 3 or 4 for the source in the Measurement Determination.

feedstock means the use of a fuel as a raw material in production.

fuel oil has the meaning given in section 3 of the Excise Tariff Act 1921.

gassy mine has the same meaning as it has in the Measurement Determination.

green and air dried wood means wood that:

                (a)    has a moisture content of more than 20% if the moisture content is calculated on a wet basis; and

               (b)    is combusted to produce heat or electricity.

identifying details, for an entity, means:

                (a)    the entity’s ABN; or

               (b)    if the entity does not have an ABN — its ACN; or

                (c)    if the entity does not have an ABN or ACN — its ARBN; or

               (d)    if the entity does not have an ABN, ACN or ARBN — its trading name and street address.

industry sector has the meaning given in regulation 2.06.

industry specialisation, for an individual, means an industry in respect of which the individual claims specialist knowledge.

international bunker fuel means a fuel that powers an engine of a ship or aircraft and that is supplied for use:

                (a)    in an aircraft for a flight from a place within Australia to a place outside of Australia; or

               (b)    in a ship on a voyage from a place within Australia to a place outside of Australia;

whether or not part of the flight or voyage involves a journey between places in Australia.

landfill gas means the gas derived from the fermentation of biomass and solid waste in landfills and combusted to produce heat or electricity.

liquid aromatic hydrocarbons means hydrocarbons that consist principally of benzene, toluene and xylene.

                listed activity means an activity of 1 of the following kinds:

                (a)    record keeping;

               (b)    communication;

                (c)    purchasing materials or equipment;

               (d)    managing the employment, training and payment of employees;

                (e)    storage (including warehousing) of materials or equipment;

                (f)    transport of persons or goods of a kind not covered by regulation 2.19;

               (g)    sales promotion;

               (h)    cleaning and maintaining buildings and other structures;

                (i)    maintenance of equipment;

(j)     security and surveillance.

Measurement Determination means the National Greenhouse and Energy Reporting (Measurement) Determination 2008.

metal product means aluminium, ferroalloys, iron, steel or any other metal.

methodology determination has the same meaning as in the CFI Act.

municipal materials means non‑biodegradable materials from sources such as domestic households, industry (including the service industries) and hospitals.

natural gas liquids means liquefied hydrocarbons recovered from natural gas in separation facilities or processing plants and includes ethane, propane, butane (including normal and iso‑butane) and pentane (including iso‑pentane and pentanes plus).

network facility means a facility that is in an industry sector listed in subregulation 2.20 (2).

NGER legislation means the following:

                (a)    the Act;

               (b)    these Regulations;

                (c)    the Measurement Determination;

               (d)    the Audit Determination;

                (e)    the Auditor Registration Instrument.

non‑gassy mine has the same meaning as it has in the Measurement Determination.

overall control has the meaning given in regulation 2.14.

petroleum based greases means:

                (a)    petroleum based greases and their synthetic equivalents; or

               (b)    oils (including lubricants, fluids and greases) derived from petroleum and their synthetic equivalents, if recycled for use as greases.

                petroleum based oils means any of the following:

                (a)    oils (including lubricants or fluids but not greases) derived from petroleum and their synthetic equivalents;

               (b)    oils (including lubricants, fluids and greases) derived from petroleum and their synthetic equivalents, if recycled for use as oils.

petroleum coke means a black solid by‑product of carbonising petroleum derived feedstock, vacuum bottoms, tar and pitches in processes such as delayed coking or fluid coking.

production of energy has the meaning given in subregulation 2.23 (3).

professional members of the audit team has the meaning given in regulation 6.50.

project proponent has the same meaning as in the CFI Act.

refinery coke means the coke that is deposited on the catalyst during petroleum refining and that is not recoverable.

refinery gases and liquids means non‑condensable gases or liquids consisting mainly of hydrogen, methane, ethane and olefins that are obtained during the distillation of crude oil or treatment of oil products in oil refineries.

registration, for Part 6, means registration as a greenhouse and energy auditor.

registration number means a registration number allocated under subparagraph 6.25 (3) (b) (ii).

reporting year means 1 of the years set out in paragraphs 19 (2) (a) or (b) of the Act.

scope 1 emissions has the meaning given in paragraph 2.23 (2) (a).

scope 2 emissions has the meaning given in paragraph 2.23 (2) (b).

single site means a single physical area that can include a series of geographical locations in close proximity to one another.

Note   Examples of single sites include factories, mills and a network of mines in close proximity.

sludge biogas means the gas derived from the anaerobic fermentation of biomass and solid waste from sewage and animal slurries and that is combusted to produce heat and electricity.

source has the same meaning as in the Measurement Determination.

sulphite lyes means a fuel that is an alkaline spent liquor resulting from the production of sulphate or soda pulp during the manufacture of paper.

transport facility means a facility that is in an industry sector listed in subregulation 2.19 (3).

United Nations Framework Convention on Climate Change or UNFCCC has the same meaning as it has in the Measurement Determination.

vertically integrated production process, means a production process with 2 or more stages involving 2 or more facilities:

                (a)    that occurs at 1 or more locations; and

               (b)    except for the final stage in the production process — where the output of 1 facility in a stage in the production process is the input for another facility in another stage in the process; and

                (c)    where output of the facility in the final stage of the production process results in the production of a product or service that is sold on the market.

waste mix types means any of the following:

                (a)    food;

               (b)    paper and paper board;

                (c)    textiles;

               (d)    garden and park;

                (e)    wood and wood waste;

                (f)    sludge;

               (g)    nappies;

               (h)    rubber and leather;

                (i)    inert waste (including concrete, metal, plastic and glass).

waxes means waxes that:

                (a)    are aliphatic hydrocarbons; and

               (b)    have a crystalline structure; and

                (c)    are colourless, odourless and translucent; and

               (d)    have a melting point above 45 degrees Celsius.

Note   A number of terms in these Regulations are defined in the Act, including:

·      audit information

·      audit team member

·       CFI audit

·      controlling corporation

·      greenhouse and energy audit

·      Greenhouse and Energy Data Officer

·      greenhouse gas project

·      group

·      member

·      registered greenhouse and energy auditor

·      subsidiary.

Part 2                 Interpretation

Division 2.1           Purpose of Part

2.01        Purpose of Part

                This Part contains regulations made for the purposes of Division 2 of Part 1 of the Act dealing with matters of interpretation.

Division 2.2           Section 7 definitions

2.01A      Definition of business unit

                For section 7 of the Act, business unit means a unit that is recognised by a registered corporation as having administrative responsibility for 1 or more facilities of the corporation.

2.02        Definition of carbon dioxide equivalence — values specified for determining carbon dioxide equivalence

                For the definition of carbon dioxide equivalence in section 7 of the Act, the value specified in relation to a kind of greenhouse gas is the value specified as the Global Warming Potential for that greenhouse gas mentioned in an item of the following table.

 

Item

Greenhouse gas

Chemical formula

Global Warming Potential (GWP)

1

Carbon dioxide

CO2

1

2

Methane

CH4

21

3

Nitrous oxide

N2O

310

4

Sulphur hexafluoride

SF6

23 900

5

HFC‑23

CHF3

11 700

6

HFC‑32

CH2F2

650

7

HFC‑41

CH3F

150

8

HFC‑43‑10mee

C5H2F10

1 300

9

HFC‑125

C2HF5

2 800

10

HFC‑134

C2H2F4 (CHF2CHF2)

1 000

11

HFC‑134a

C2H2F4 (CH2FCF3)

1 300

12

HFC‑143

C2H3F3 (CHF2CH2F)

300

13

HFC‑143a

C2H3F3 (CF3CH3)

3 800

14

HFC‑152a

C2H4F2 (CH3CHF2)

140

15

HFC‑227ea

C3HF7

2 900

16

HFC‑236fa

C3H2F6

6 300

17

HFC‑245ca

C3H3F5

560

18

Perfluoromethane (tetrafluoromethane)

CF4

6 500

19

Perfluoroethane (hexafluoroethane)

C2F6

9 200

20

Perfluoropropane

C3F8

7 000

21

Perfluorobutane

C4F10

7 000

22

Perfluorocyclobutane

c‑C4F8

8 700

23

Perfluoropentane

C5F12

7 500

24

Perfluorohexane

C6F14

7 400

Note 1   Global Warming Potential (also known as GWP) is defined in the Glossary published by the UNFCCC as an index representing the combined effect of the differing times greenhouse gases remain in the atmosphere and their relative effectiveness in absorbing outgoing infrared radiation.

Note 2   The Global Warming Potential figures in the above table are the figures published by the Intergovernmental Panel on Climate Change in Climate Change 1995: The Science of Climate Change (Cambridge, UK: Cambridge University Press, 1996).

2.03        Definition of energy — specified fuel and other energy commodities

                For the definition of energy in section 7 of the Act, the kinds of fuels and other energy commodities listed in Schedule 1 are specified.

2.04        Definition of greenhouse gas — specified kinds of hydrofluorocarbons

                For paragraph (e) of the definition of greenhouse gas in section 7 of the Act, the hydrofluorocarbons mentioned in an item of the following table are specified.

 

Item

Hydrofluorocarbons

Chemical formula

1

HFC‑23

CHF3

2

HFC‑32

CH2F2

3

HFC‑41

CH3F

4

HFC‑43‑10mee

C5H2F10

5

HFC‑125

C2HF5

6

HFC‑134

C2H2F4 (CHF2CHF2)

7

HFC‑134a

C2H2F4 (CH2FCF3)

8

HFC‑143

C2H3F3 (CHF2CH2F)

9

HFC‑143a

C2H3F3 (CF3CH3)

10

HFC‑152a

C2H4F2 (CH3CHF2)

11

HFC‑227ea

C3HF7

12

HFC‑236fa

C3H2F6

13

HFC‑245ca

C3H3F5

2.05        Definition of greenhouse gas — specified kinds of perfluorocarbons

                For paragraph (f) of the definition of greenhouse gas in section 7 of the Act, the perfluorocarbons mentioned in an item of the following table are specified.

 

Item

Perfluorocarbons

Chemical formula

1

Perfluoromethane
(tetrafluoromethane)

CF4

2

Perfluoroethane
(hexafluoroethane)

C2F6

3

Perfluoropropane

C3F8

4

Perfluorobutane

C4F10

5

Perfluorocyclobutane

c‑C4F8

6

Perfluoropentane

C5F12

7

Perfluorohexane

C6F14

2.06        Definition of industry sector

                For section 7 of the Act, industry sector means an ANZSIC industry classification and code mentioned in an item in Schedule 2.

2.07        Specified activities for the definition of oil or gas extraction activity

                For paragraph (b) of the definition of oil or gas extraction activity in section 7 of the Act, the following kinds of activities are specified:

                (a)    the operation of a liquefied natural gas floating platform;

               (b)    the transportation of oil or gas, but only to the extent that the transportation is through a pipeline.

Division 2.3           Section 8 rules

2.08        Rules for making nominations — responsible entity for joint venture

         (1)   For paragraph 8 (6) (a) of the Act, this regulation establishes rules under which participants in a joint venture may make a nomination of a member of a group (the nominee) as the responsible entity for the joint venture for the purposes of subsection 8 (4) of the Act.

         (2)   A nomination must:

                (a)    include a statement to the effect that the nominee is being nominated as the responsible entity for the joint venture for the purposes of the Act; and

               (b)    include a statement to the effect that all of the participants in the joint venture have agreed to the nomination; and

                (c)    state:

                          (i)    the nominee’s name, postal address and identifying details; and

                         (ii)    the name, position, telephone number, email address and postal address of a contact person for the nominee; and

                        (iii)    the name, postal address and identifying details of the controlling corporation for the nominee; and

                        (iv)    the name, position, telephone number, email address and postal address of a contact person for the controlling corporation for the nominee; and

                         (v)    the name, postal address and identifying details of the joint venture; and

                        (vi)    the name, postal address and identifying details of each participant in the joint venture (other than the nominee); and

                       (vii)    the name, position, telephone number, email address and postal address of a contact person for each participant in the joint venture (other than the nominee); and

               (d)    be in a form approved by the Greenhouse and Energy Data Officer and published in the Gazette; and

                (e)    be given by a participant in the joint venture to the Greenhouse and Energy Data Officer.

         (3)   A nomination takes effect when it is given to the Greenhouse and Energy Data Officer.

2.09        Rules for revoking nominations — unilateral revocation by responsible entity for joint venture

         (1)   For paragraph 8 (6) (a) of the Act, this regulation establishes rules under which a nomination of a responsible entity for a joint venture (the nominated member) made for the purposes of subsection 8 (4) of the Act may be revoked by the nominated member.

         (2)   The nominated member may revoke the nomination only in accordance with this regulation.

         (3)   The nominated member must give a notice (a notice of intention) to each participant in the joint venture stating that the member:

                (a)    intends to revoke its nomination as the responsible entity for the joint venture; and

               (b)    will give to the Greenhouse and Energy Data Officer a notice, revoking its nomination as the responsible entity, not earlier than 28 days after the notice of intention has been given to each of the participants.

         (4)   To revoke its nomination, the nominated member must, after giving the notice of intention to each of the participants in the joint venture under subregulation (3), give a notice to the Greenhouse and Energy Data Officer.

         (5)   The notice to the Greenhouse and Energy Data Officer under subregulation (4) must be given not earlier than 28 days after the notice of intention under subregulation (3) has been given to each of the participants.

         (6)   The notice to the Greenhouse and Energy Data Officer under subregulation (4) must:

                (a)    state:

                          (i)    the nominated member’s name, postal address and identifying details; and

                         (ii)    the name, position, telephone number, email address and postal address of a contact person for the nominated member; and

                        (iii)    the name, postal address and identifying details of the controlling corporation for the nominated member; and

                        (iv)    the name, position, telephone number, email address and postal address of a contact person for the controlling corporation for the nominated member; and

                         (v)    the name, postal address and identifying details of the joint venture; and

                        (vi)    the name, postal address and identifying details of each participant in the joint venture (other than the nominated member); and

                       (vii)    the name, position, telephone number, email address and postal address of a contact person for each participant in the joint venture (other than the nominated member); and

               (b)    state that the member has complied with subregulation (3); and

                (c)    state that the member revokes its nomination as the responsible entity for the joint venture; and

               (d)    be in a form approved by the Greenhouse and Energy Data Officer and published in the Gazette.

         (7)   A revocation takes effect on the later of the day on which the Greenhouse and Energy Data Officer receives the notice and the day (if any) on which the revocation is expressed to take effect.

2.10        Rules for revoking nominations — revocation by participants in a joint venture

         (1)   For paragraph 8 (6) (a) of the Act, this regulation establishes rules under which a nomination of a responsible entity (the nominated member) made for the purposes of subsection 8 (4) of the Act may be revoked by the participants in a joint venture.

         (2)   The nomination of a nominated member is revoked if:

                (a)    all of the participants in a joint venture (other than the nominated member) decide in writing to revoke the nomination; and

               (b)    one of the participants in the joint venture gives to the Greenhouse and Energy Data Officer a notice that:

                          (i)    states the name, postal address and identifying details of the joint venture; and

                         (ii)    states the name, postal address and identifying details of the nominated member; and

                       (iia)    states the name, position, telephone number, email address and postal address of a contact person for the nominated member; and

                        (iii)    states the name, postal address and identifying details of the controlling corporation for the nominated member; and

                      (iiia)    states the name, position, telephone number, email address and postal address of a contact person for the controlling corporation for the nominated member; and

                        (iv)    states the name, postal address and identifying details of each participant in the joint venture (other than the nominated member); and

                         (v)    states the name, position, telephone number, email address and postal address of a contact person for each participant in the joint venture (other than the nominated member); and

                        (vi)    includes a copy of the decision mentioned in paragraph (a) or a statement that a decision has been made to revoke the nomination; and

                       (vii)    is in a form approved by the Greenhouse and Energy Data Officer and published in the Gazette.

         (3)   A revocation takes effect on the later of the day on which the Greenhouse and Energy Data Officer receives the notice and the day (if any) on which the revocation is expressed to take effect.

2.11        Rules for making nominations — responsible entity for partnerships

         (1)   For paragraph 8 (6) (b) of the Act, this regulation establishes rules under which partners in a partnership may make a nomination of a member of a group (the nominee) as the responsible entity for the partnership for the purposes of subsection 8 (5) of the Act.

         (2)   A nomination must:

                (a)    include a statement to the effect that the nominee is being nominated as the responsible entity for the partnership for the purposes of the Act; and

               (b)    include a statement to the effect that all of the partners in the partnership have agreed to the nomination; and

                (c)    state:

                          (i)    the nominee’s name, postal address and identifying details; and

                         (ii)    the name, position, telephone number, email address and postal address of a contact person for the nominee; and

                        (iii)    the name, postal address and identifying details of the controlling corporation for the nominee; and

                        (iv)    the name, position, telephone number, email address and postal address of a contact person for the controlling corporation for the nominee; and

                         (v)    the name, postal address and identifying details of the partnership; and

                        (vi)    the name, postal address and identifying details of each partner in the partnership (other than the nominee); and

                       (vii)    the name, position, telephone number, email address and postal address of a contact person for each partner in the partnership (other than the nominee); and

               (d)    be in a form approved by the Greenhouse and Energy Data Officer and published in the Gazette; and

                (e)    be given by a partner to the Greenhouse and Energy Data Officer.

         (3)   A nomination takes effect when it is given to the Greenhouse and Energy Data Officer.

2.12        Rules for revoking nominations — unilateral revocation by responsible entity for partnership

         (1)   For paragraph 8 (6) (b) of the Act, this regulation establishes rules under which a nomination of a responsible entity for a partnership (the nominated member) made for the purposes of subsection 8 (5) of the Act may be revoked by the nominated member.

         (2)   The nominated member may revoke the nomination only in accordance with this regulation.

         (3)   The nominated member must give a notice (a notice of intention) to each partner in the partnership stating that the member:

                (a)    intends to revoke its nomination as the responsible entity for the partnership; and

               (b)    will give to the Greenhouse and Energy Data Officer a notice, revoking its nomination as the responsible entity, not earlier than 28 days after the notice of intention has been given to each of the partners.

         (4)   To revoke its nomination, the nominated member must, after giving the notice of intention under subregulation (3) to each of the partners in the partnership, give a notice to the Greenhouse and Energy Data Officer.

         (5)   The notice to the Greenhouse and Energy Data Officer under subregulation (4) must be given not earlier than 28 days after the notice of intention under subregulation (3) has been given to each of the partners.

         (6)   The notice to the Greenhouse and Energy Data Officer under subregulation (4) must:

                (a)    state:

                          (i)    the nominated member’s name, postal address and identifying details; and

                         (ii)    the name, position, telephone number, email address and postal address of a contact person for the nominated member; and

                        (iii)    the name, postal address and identifying details of the controlling corporation for the nominated member; and

                        (iv)    the name, position, telephone number, email address and postal address of a contact person for the controlling corporation for the nominated member; and

                         (v)    the name, postal address and identifying details of the partnership; and

                        (vi)    the name, postal address and identifying details of each partner in the partnership (other than the nominated member); and

                       (vii)    the name, position, telephone number, email address and postal address of a contact person for each partner in the partnership (other than the nominated member); and

               (b)    state that the member has complied with subregulation (3); and

                (c)    state that the member revokes its nomination as the responsible entity for the partnership; and

               (d)    be in a form approved by the Greenhouse and Energy Data Officer and published in the Gazette.

         (7)   A revocation takes effect on the later of the day on which the Greenhouse and Energy Data Officer receives the notice and the day (if any) on which the revocation is expressed to take effect.

2.13        Rules for revoking nominations — revocation by partners in partnership

         (1)   For paragraph 8 (6) (b) of the Act, this regulation establishes rules under which a nomination of a responsible entity (the nominated member) made for the purposes of subsection 8 (5) of the Act may be revoked by the partners in a partnership.

         (2)   The nomination of the nominated member is revoked if:

                (a)    all of the partners in the partnership (other than the nominated member) decide in writing to revoke the nomination; and

               (b)    one of the partners gives to the Greenhouse and Energy Data Officer a notice that:

                          (i)    states the name, postal address and identifying details of the nominated member; and

                         (ii)    states the name, position, telephone number, email address and postal address of a contact person for the nominated member; and

                        (iii)    states the name, postal address and identifying details of the controlling corporation for the nominated member; and

                        (iv)    states the name, position, telephone number, email address and postal address of a contact person for the controlling corporation for the nominated member; and

                         (v)    states the name, postal address and identifying details of the partnership; and

                        (vi)    states the name, postal address and identifying details of each partner in the partnership (other than the nominated member); and

                       (vii)    states the name, position, telephone number, email address and postal address of a contact person for each partner in the partnership (other than the nominated member); and

                      (viii)    includes a copy of the decision mentioned in paragraph (a) or a statement that a decision has been made to revoke the nomination; and

                        (ix)    is in a form approved by the Greenhouse and Energy Data Officer and published in the Gazette.

         (3)   A revocation takes effect on the later of the day on which the Greenhouse and Energy Data Officer receives the notice and the day (if any) on which the revocation is expressed to take effect.

Division 2.4           Facilities: section 9

Subdivision 2.4.1        General

2.13A      Definition

                In this Division :

Corporation means either a controlling corporation or a member of a controlling corporation’s group.

2.14        Meaning of overall control

         (1)   A corporation has overall control in relation to an activity or series of activities (including ancillary activities) if the corporation has the authority to introduce and implement any or all of the following for the activity or series of activities:

                (a)    operating policies;

               (b)    health and safety policies;

                (c)    environmental policies.

         (2)   If more than 1 corporation could satisfy subregulation (1) at any 1 time, then the corporation that has the greatest authority to introduce and implement the policies mentioned in paragraphs (1) (a) and (c) is taken, for the purposes of these Regulations, to have overall control in relation to the activity or series of activities (including ancillary activities).

Subdivision 2.4.2        Circumstances in which an activity or activities will form part of a single undertaking or enterprise

2.15        Purpose of Subdivision

                For paragraph 9 (4) (a) of the Act, this Subdivision specifies the circumstances in which an activity, or a series of activities, will form part of a single undertaking or enterprise for the purposes of paragraph 9 (1) (a) of the Act.

2.16        Forming part of a single undertaking or enterprise — activities at a single site

         (1)   Activities that together produce 1 or more products or services (the primary production process) will form part of a single undertaking or enterprise if the activities occur at a single site.

         (2)   If there is another activity or series of activities (the other production process) that:

                (a)    is under the overall control of the corporation that has overall control of the primary production process; and

               (b)    produces 1 or more other products or services for the primary production process (which are not used solely in the primary production process);

then as long as that other production process occurs at the same site as the primary production process, all of the activities in the primary production process and the other production process will form part of a single undertaking or enterprise.

2.17        Forming part of a single undertaking or enterprise — listed activity at different site

         (1)   This regulation applies to a listed activity in a series of activities if the listed activity:

                (a)    is at a different site to the series of activities; and

               (b)    is at a site in the same State or Territory as the series of activities; and

                (c)    is under the overall control of the same corporation that has overall control of the series of activities.

         (2)   The corporation with overall control of the listed activity and the series of activities must identify the activity (if any) in the series to which the listed activity is ancillary.

         (3)   If the corporation makes an identification under subregulation (2), the corporation must record that decision.

         (4)   If the corporation identifies an activity in the series to which the listed activity is ancillary and complies with subregulation (3), the listed activity will form part of a single undertaking or enterprise with the identified activity.

         (5)   If the corporation does not identify an activity in the series to which the listed activity is ancillary, the listed activity will itself form part of a single undertaking or enterprise.

2.18        Forming part of a single undertaking or enterprise — listed activity for more than 1 single undertaking or enterprise

         (1)   This regulation applies if:

                (a)    a particular listed activity is in more than 1 series of activities; and

               (b)    the listed activity is at a different site to each of the series of activities; and

                (c)    each of the series of activities is under the overall control of the same corporation; and

               (d)    each of the series of activities is in the same State or Territory.

         (2)   The corporation with overall control of the listed activity and each of the series of activities must identify the activity (if any) in each of the series of activities to which the listed activity is ancillary.

         (3)   The identification may be 1 of the following:

                (a)    that the listed activity is ancillary to an activity in 1 only of the series of activities;

               (b)    that the listed activity is ancillary to an activity in more than 1 of the series of activities;

                (c)    that the listed activity is not ancillary to any activities in any of the series of activities.

         (4)   If the corporation identifies that the listed activity is ancillary to an activity in 1 only of the series of activities or is not ancillary to any activities in any of the series of activities, the corporation must record that decision.

         (5)   If the corporation identifies that the listed activity is ancillary to an activity in more than 1 of the series of activities, the corporation must:

                (a)    record that decision; and

               (b)    record the proportion of the listed activity that is attributed to the activities in each of the series of activities.

         (6)   If the corporation complies with subregulations (2) and (3), and subregulation (4) or (5) (as applicable), in relation to the listed activity then:

                (a)    if the corporation has identified that the listed activity is ancillary to an activity in 1 only of the series of activities — the listed activity will form part of a single undertaking or enterprise with the series of activities; and

               (b)    if the corporation has identified that the listed activity is ancillary to an activity in more than 1 of the series of activities — the listed activity will form part of each of the single undertakings or enterprises comprising the relevant series of activities in the proportions specified in the corporation’s identification; and

                (c)    if the corporation has identified that the listed activity is not ancillary to any activities in any of the series of activities — the listed activity will form part of a single undertaking or enterprise separate to the undertakings or enterprises of which each of the series of activities form part.

2.19        Forming part of a single undertaking or enterprise — transport sector activities

         (1)   If:

                (a)    an activity that is the principal activity in a series of activities is attributable to 1 of the industry sectors mentioned in subregulation (3); and

               (b)    the activity is attributable to a single State or Territory; and

                (c)    the activity and any ancillary activities to it are under the overall control of the same corporation;

then all of the activities will form part of the same single undertaking or enterprise.

         (2)   In this regulation, an activity is attributable to a single State or Territory if fuel to be consumed in carrying out the activity is purchased in the State or Territory.

         (3)   For this regulation, the industry sectors are as follows:

                (a)    Air and space transport (490);

               (b)    Postal and courier pick‑up and delivery services (510);

                (c)    Rail freight transport (471);

               (d)    Rail passenger transport (472);

                (e)    Road freight transport (461);

                (f)    Road passenger transport (462);

               (g)    Scenic and sightseeing transport (501);

               (h)    Waste collection services (291);

                (i)    Water freight transport (481);

                (j)    Water passenger transport (482).

         (4)   In this regulation, principal activity in relation to a series of activities, means the activity in the series of activities that:

                (a)    results in the production of a product or service that is produced for sale on the market; and

               (b)    produces the most value for the series out of any activities in the series.

2.20        Forming part of a single undertaking or enterprise — electricity, gas etc activities

         (1)   If:

                (a)    an activity in a series of activities is in 1 of the industry sectors mentioned in subregulation (2); and

               (b)    the activity and any ancillary activities to it are under the overall control of the same corporation;

then all of the activities will form part of the same single undertaking or enterprise.

         (2)   For subregulation (1), the industry sectors are as follows:

                (a)    Electricity transmission (262);

               (b)    Electricity distribution (263);

                (c)    Gas supply (270);

               (d)    Water supply, sewerage and drainage services (281);

                (e)    Telecommunications services (580).

Subdivision 2.4.3        Activities attributable to industry sectors

2.21        Purpose of Subdivision

                For paragraph 9 (4) (b) of the Act, this Subdivision specifies what activities that form part of a single undertaking or enterprise must be attributed to a particular industry sector for the purposes of paragraph 9 (1) (a) of the Act.

2.22        Activities to be attributable to the same industry sector as the principal activity

         (1)   If, under Subdivision 2.4.2, activities will form part of a single undertaking or enterprise, then unless subregulation (3) applies, all of the activities are attributable to the particular industry sector that the principal activity for the undertaking or enterprise is attributable to.

         (2)   The corporation with overall control of the activities must identify which industry sector mentioned in Schedule 2 that the principal activity is attributable to.

         (3)   If:

                (a)    there is a principal activity in a series of activities that form part of a single undertaking or enterprise; and

               (b)    the single undertaking or enterprise involves construction of infrastructure for the purpose of another activity being undertaken in the future (the future activity) as part of that single undertaking or enterprise; and

                (c)    the principal activity and the future activity are under the overall control of 1 corporation;

then, all of the activities that will, under Subdivision 2.4.2, form part of the single undertaking or enterprise are attributable to the same particular industry sector as the future activity.

         (4)   If the corporation identifies an industry sector under either subregulation (1) or (3) , the corporation must record that fact.

         (5)   In this regulation, principal activity in relation to a single undertaking or enterprise means the activity that:

                (a)    results in the production of a product or service that is produced for sale on the market; and

               (b)    produces the most value for the single undertaking or enterprise out of any of the activities forming part of the single undertaking or enterprise.

Division 2.5           Meaning of emissions, production and consumption: section 10

2.23        Meaning of emissions, production and consumption

         (1)   For subsection 10 (1) of the Act, references to the following have the meaning specified by this regulation:

                (a)    emissions of greenhouse gas;

               (b)    production of energy;

                (c)    consumption of energy.

Meaning of emissions

         (2)   Emissions of greenhouse gas, in relation to a facility, means the release of greenhouse gas into the atmosphere as a direct result of 1 of the following:

                (a)    an activity, or series of activities (including ancillary activities) that constitute the facility (scope 1 emissions);

               (b)    1 or more activities that generate electricity, heating, cooling or steam that is consumed by the facility but that do not form part of the facility (scope 2 emissions).

Meaning of production

         (3)   Production of energy, in relation to a facility, means 1 of the following:

                (a)    the extraction or capture of energy from natural sources for final consumption by or from the operation of the facility or for use other than in the operation of the facility;

               (b)    the manufacture of energy by the conversion of energy from 1 form to another form for final consumption by or from the operation of the facility or for use other than in the operation of the facility.

Meaning of consumption

         (4)   Consumption of energy, in relation to a facility, means the use or disposal of energy from the operation of the facility including own‑use and losses in extraction, production and transmission.

Part 3                 Registration

Division 3.1           Purpose of Part

3.01        Purpose of Part

                This Part contains regulations made for the purposes of Part 2 of the Act dealing with registration.

Division 3.2           Requirements for applications

3.02        Requirements for applications for registration — contents of applications

         (1)   For paragraph 15 (c) of the Act, an application under section 12 or 14 of the Act must contain the following information:

                (a)    a statement that the applicant is a controlling corporation;

               (b)    details of the controlling corporation, including:

                          (i)    its name; and

                         (ii)    its trading name (if any); and

                        (iii)    its identifying details; and

                        (iv)    the street address of its head office; and

                         (v)    the postal address of its head office; and

                        (vi)    the name, position, telephone number, email address and postal address of a contact person for the controlling corporation;

                (c)    details of the chief executive officer or equivalent of the controlling corporation, including his or her name, telephone number, email address and postal address;

               (d)    the name of each affected group member of the controlling corporation:

                          (i)    for an application under section 12 of the Act — during the financial year for which the controlling corporation’s application is made; or

                         (ii)    for an application under section 14 of the Act — that is undertaking or is proposing to undertake a greenhouse gas project to which the controlling corporation’s application relates;

                (e)    for each affected group member mentioned in paragraph (d):

                          (i)    the member’s trading name (if any); and

                         (ii)    the member’s identifying details.

         (2)   In addition to the requirements in subregulation (1), an application under section 12 of the Act must include the financial year in relation to which the application is being made.

3.03        Requirements for applications for registration — form of application

         (1)   For paragraph 15 (d) of the Act, an application under section 12 or 14 of the Act must include an authentication of identity requirement in a form approved by the Greenhouse and Energy Data Officer and notified in the Gazette.

         (2)   For paragraph 15 (d) of the Act, an application under section 12 or 14 of the Act must:

                (a)    be in writing; and

               (b)    identify the section of the Act under which the controlling corporation is applying to be registered.

Division 3.3           The Register

3.04        Information to be entered on the Register

                For paragraph 16 (4) (b) of the Act, the Greenhouse and Energy Data Officer must, for each controlling corporation registered under Division 3 of Part 2 of the Act, cause the following information to be entered on the Register:

                (a)    the controlling corporation’s name;

               (b)    the controlling corporation’s trading name (if any);

                (c)    the name of each affected group member of the controlling corporation’s group:

                          (i)    if the controlling corporation has applied for registration under section 12 of the Act — during the financial year for which the application is made; or

                         (ii)    if the controlling corporation has applied for registration under section 14 of the Act — that is undertaking or is proposing to undertake a greenhouse gas project to which the application relates;

               (d)    the trading name (if any) of each affected group member of the controlling corporation’s group mentioned in paragraph (c);

                (e)    the identifying details of the controlling corporation and each affected group member of the controlling corporation’s group mentioned in paragraph (c);

                (f)    the section of the Act under which the controlling corporation applied for registration;

               (h)    information about the controlling corporation’s compliance with the Act, including information about:

                          (i)    whether the corporation has been convicted of an offence under the Act; and

                         (ii)    whether a court order has been made against the corporation for the contravention of a civil penalty provision in the Act;

                (i)    information about greenhouse and energy audits carried out in relation to the corporation including information about:

                          (i)    whether a greenhouse and energy audit has been carried out in relation to the corporation; and

                         (ii)    the type of audit carried out; and

                        (iii)    the name of the audit team leader appointed to carry out the audit; and

                        (iv)    the findings of the audit.

Division 3.4           Deregistration

3.05        Requirements for applications for deregistration – content of application

                For paragraph 18 (2) (a) of the Act, an application must contain the following information:

                (a)    the identifying details of each member of the registered corporation’s group;

               (b)    for each member of the registered corporation’s group that is a joint venture covered by subsection 8 (4) of the Act, a statement as to whether:

                          (i)    a member of the registered corporation’s group is the responsible entity for the joint venture as nominated by the participants in the joint venture; or

                         (ii)    no entity is the responsible entity for the joint venture as nominated by the participants in the joint venture;

                (c)    for each member of the registered corporation’s group that is a partnership covered by subsection 8 (5) of the Act, a statement as to whether:

                          (i)    a member of the registered corporation’s group is the responsible entity for the partnership as nominated by the partners in the partnership; or

                         (ii)    no entity is the responsible entity for the partnership as nominated by the partners in the partnership;

               (d)    a statement to the effect that the registered corporation’s group is unlikely to meet any of the thresholds under section 13 of the Act for:

                          (i)    the financial year in which the application is made; and

                         (ii)    the 2 financial years following the financial year in which the application is made;

                (e)    information as to why the registered corporation’s group is unlikely to meet any of the thresholds under section 13 of the Act for those years, including:

                          (i)    any relevant data; and

                         (ii)    any estimates of energy production, energy consumption, greenhouse gas emissions and emissions‑producing activities resulting from the corporation’s group;

                (f)    a statement that the registered corporation does not hold a Reporting Transfer Certificate.

3.06        Requirements for applications for deregistration – form of application

                For paragraph 18 (2) (b) of the Act, an application must be in writing, and must include an authentication of identity requirement in a form approved by the Greenhouse and Energy Data Officer and published in the Gazette.

Part 4                 Obligations of registered corporations etc

Division 4.1           Purpose of Part

4.01        Purpose of Part

                This Part contains regulations made for the purposes of Part 3 of the Act dealing with the reporting obligations of registered corporations etc.

Division 4.2           General

4.02        Purpose and application of the Part

         (1)   For paragraph 19 (6) (c) of the Act, Divisions 4.3 to 4.6 of this Part specify the information that must be included in a report for a reporting year provided to the Greenhouse Energy Data Officer under section 19 of the Act by a registered corporation.

         (2)   The report must be made by the registered corporation in relation to the operation of facilities of the corporation during a reporting year.

         (3)   The corporation must report under the following Divisions of this Part:

                (a)    if the corporation’s group does not meet a threshold in section 13 of the Act during the reporting year — Divisions 4.3 and 4.6.

               (b)    if the corporation’s group meets a threshold in paragraph 13 (1) (a), (b) or (c) of the Act during the reporting year — Divisions 4.3 to 4.5.

                (c)    if the corporation’s group only meets a threshold in paragraph 13 (1) (d) of the Act during the reporting year — Divisions 4.3 to 4.5 on the facility of the corporation that, during the year, causes the things mentioned in paragraph 13 (1) (d) of the Act.

         (4)   For subsection 20 (2) of the Act, Division 4.7 of this Part specifies the manner and form for an application to the Greenhouse and Energy Data Officer for a determination that information is to be provided by another person.

Division 4.3           General reporting requirements

4.03        Purpose of Division

                This Division specifies information relating to a registered corporation, members of the corporation’s group and facilities of the corporation that must be included in every registered corporation’s report for a reporting year.

4.04        General reporting requirements

         (1)   A report must include the following information about the registered corporation:

                (a)    its identifying details;

               (b)    if not included under paragraph (a) — the street address of its head office;

                (c)    the postal address of its head office;

               (d)    details of the chief executive officer or equivalent of the corporation, including his or her name, telephone number, email address and postal address;

                (e)    the name, position, telephone number, email address and postal address of a contact person for the corporation.

         (2)   The report must include the following information about an entity that is a member of the corporation’s group and that has operational control over 1 or more of the facilities of the corporation:

                (a)    the member’s identifying details;

               (b)    if the member has a holding company incorporated in Australia — the identifying details of the holding company;

                (c)    if the member is a joint venture participant covered by subsection 8 (4) of the Act — the identifying details of the joint venture and each participant who is a member of the corporation’s group;

               (d)    if the member is a partner of a partnership covered by subsection 8 (5) of the Act — the identifying details of the partnership and each partner who is a member of the corporation’s group;

                (e)    if the member mentioned in paragraph (c) or (d) has been nominated as the responsible entity in accordance with Division 2.3 of Part 2 of these Regulations and subsection 8 (6) of the Act — a statement to that effect;

                (f)    if the member mentioned in paragraph (c) or (d) has not been nominated as the responsible entity in accordance with Division 2.3 of Part 2 of these Regulations and subsection 8 (6) of the Act — a statement to the effect that no entity has been nominated as the responsible entity.

         (3)   For each facility under the operational control of the corporation or an entity mentioned in subregulation (2), except a facility that is reported under regulation 4.25 or 4.26, the report must also include:

                (a)    the facility’s street address, if any; and

               (b)    for a facility that is not a transport, network or pipeline facility —

                          (i)    the facility’s latitude and longitude; and

                         (ii)    the State or Territory to which its activities are attributable; and

                (c)                the industry sector which the facility’s activities are attributable to in accordance with regulation 2.22; and

               (d)    if the facility is a transport facility — the State or Territory to which its activities are attributable under regulation 2.19; and

             (da)    if the facility is a network or pipeline facility — the State or Territory in which it is located; and

                (e)    a statement identifying the entity mentioned in subregulation (2) that has operational control of the facility; and

                (f)    if the entity mentioned in subregulation (2) has operational control of the facility for a number of, but not all, days in a reporting year — the days in the reporting year, in relation to which the entity has operational control of the facility.

Note for paragraph (da)   A network or pipeline facility may be located in more than one State or Territory.

Division 4.4           Reporting greenhouse gas emissions, energy production and energy consumption

Subdivision 4.4.1        Purpose of Division

4.05        Purpose of Division

                This Division specifies information relating to greenhouse gas emissions, energy production and energy consumption that must be included in a registered corporation’s report for a reporting year if the corporation’s group meets a threshold in subsection 13 (1) of the Act for that year.

Subdivision 4.4.2        Greenhouse gas emissions from fuel combustion

4.06        Purpose of Subdivision

                This Subdivision specifies information that must be included in a registered corporation’s report for a reporting year if the operation of a facility of the corporation emits greenhouse gases from the combustion of fuel during the year.

4.07        Greenhouse gas emissions from combustion of fuel

         (1)   This regulation applies if the operation of a facility of the corporation emits greenhouse gases from the combustion of fuel.

Note   The combustion of fuel is a source.

         (2)   If the corporation used Method 1 in the Measurement Determination to estimate the greenhouse gases emitted, the corporation’s report must include:

                (a)    the energy content factor that the corporation used to measure the amount of the fuel combusted in the facility during the year; and

               (b)    the amount of each greenhouse gas that is emitted during the reporting year.

         (3)   If the corporation used Method 2, 3 or 4 in the Measurement Determination to estimate the greenhouse gases emitted, the corporation’s report must include information for the facility in relation to greenhouse gas emissions from the fuel combustion during the year and must identify:

                (a)    the facility specific emission factor that the corporation used to estimate greenhouse gas emissions from the combustion of that fuel during the year; and

               (b)    the energy content factor that the corporation used to measure the amount of that fuel combusted in the facility during the year; and

                (c)    the amount of each greenhouse gas that is emitted during the reporting year.

Subdivision 4.4.3        Greenhouse gas emissions from particular sources

4.09        Purpose of this Subdivision

                This Subdivision specifies information that must be included in a registered corporation’s report for a reporting year if the operation of a facility of the corporation emits greenhouse gas from a source specified in this Subdivision during the year.

4.10        Greenhouse gas emissions — coal mining

         (1)   This regulation applies if the operation of a facility of the corporation emits greenhouse gases from a source that is mentioned in an item of the table in subregulation (2) during the reporting year.

         (2)   The corporation’s report must include information for the facility in relation to greenhouse gas emissions from the source during the year and must identify:

               (b)    the methods in the Measurement Determination used by the corporation to estimate the greenhouse gas emissions from the source; and

                (c)    for the source and method mentioned in the item of the table for the source, each of the matters set out in column 4 of that item; and

               (d)    if 1 or more greenhouse gases is emitted from the source during the reporting year, the amount of each greenhouse gas that is emitted.

 

Item

Source

Method

Matters to be identified

1

Open cut mine

Method 1 for the source, as set out in the Measurement Determination

   (a)  the location of the mine by State or Territory

  (b)  the tonnes of raw coal produced

   (c)  the tonnes of coal mine waste gas flared

 

 

Methods 2 and 3 for the source, as set out in the Measurement Determination

   (a)  the location of the mine by State or Territory

  (b)  the tonnes of raw coal produced

   (c)  the tonnes of methane (CO2‑e) and the tonnes of carbon dioxide captured for energy production on site

 

 

 

  (d)  the tonnes of methane (CO2‑e) and the tonnes of carbon dioxide captured and transferred off site

   (e)  the tonnes of methane (CO2‑e) and the tonnes of carbon dioxide flared

   (f)  the tonnes of methane (CO2‑e) and the tonnes of carbon dioxide vented

2

Underground mine

Method 1 for the source, as set out in the Measurement Determination

   (a)  the location of the mine by State or Territory

  (b)  whether the mine is a gassy mine or a non‑gassy mine

   (c)  the tonnes of raw coal produced

  (d)  the tonnes of coal mine waste gas (CO2‑e) flared

 

 

Method 4 for the source, as set out in the Measurement Determination

   (a)  the location of the mine by State or Territory

  (b)  the tonnes of raw coal produced

   (c)  the tonnes of methane (CO2‑e) and the tonnes of carbon dioxide captured for energy production on site

 

 

 

  (d)  the tonnes of methane (CO2‑e) and the tonnes of carbon dioxide captured and transferred off site

   (e)  the tonnes of methane (CO2‑e) and the tonnes of carbon dioxide flared

4

Decommissioned underground mines

Method 1 for the source, as set out in the Measurement Determination

   (a)  the location of the mine by State or Territory

  (b)  whether the mine is a gassy mine or a non‑gassy mine

 

 

 

   (c)  the tonnes of methane emissions (CO2‑e) from the mine in the last full year of production

 

 

 

  (d)  the date that the mine was closed

   (e)  the % of the mine void volume flooded

   (f)  the tonnes of coal mine waste gas (CO2‑e) flared

 

 

Method 4 for the source, as set out in the Measurement Determination

   (a)  the location of the mine by State or Territory

  (b)  the tonnes of methane (CO2‑e) and the tonnes of carbon dioxide captured for energy production on site

 

 

 

   (c)  the tonnes of methane (CO2‑e) and the tonnes of carbon dioxide captured and transferred off site

  (d)  the tonnes of methane (CO2‑e) and the tonnes of carbon dioxide flared

4.11        Greenhouse gas emissions — oil or gas

         (1)   This regulation applies if the operation of a facility of the corporation emits greenhouse gases from a source that is mentioned in an item of the table in subregulation (2) during a reporting year.

         (2)   The corporation’s report must include information for the facility in relation to greenhouse gas emissions from the source during the year and must identify:

               (b)    the methods in the Measurement Determination used by the corporation to estimate the greenhouse gas emissions from the source; and

                (c)    for the source and method mentioned in the item of the table for the source, each of the matters set out in column 4 of that item; and

               (d)    if 1 or more greenhouse gases is emitted from the source during the reporting year, the amount of each greenhouse gas that is emitted.

 

Item

Source

Method

Matters to be identified

1

 Oil or gas exploration

Method 1 for the source, as set out in the Measurement Determination

   (a)  the tonnes of gas flared

  (b)  the tonnes of liquids flared

 

 

Methods 2 and 3 for the source, as set out in the Measurement Determination

   (a)  the tonnes of gas flared

  (b)  the tonnes of liquid flared

 

 

 

   (c)  the facility specific carbon dioxide emission factor for liquids, expressed in tonnes of emissions (CO2‑e) per tonne of fuel flared

 

 

 

  (d)  the facility specific carbon dioxide emission factor for gases, expressed in tonnes of emissions (CO2‑e) per tonne of fuel flared

2

Crude oil production

Method 1 for the source, as set out in the Measurement Determination

   (a)  the tonnes of crude oil throughput

  (b)  the tonnes of liquids flared

   (c)  the tonnes of gas flared

 

 

Method 2 for the source, as set out in the Measurement Determination

   (a)  the tonnes of crude oil throughput;

  (b)  the facility specific emission factor for liquids expressed in tonnes of emissions (CO2‑e) per tonne of throughput

 

 

 

   (c)  the tonnes of liquids flared

  (d)  the facility specific carbon dioxide emission factor for liquids, expressed in tonnes of emissions (CO2‑e) per tonne of fuel flared

   (e)  the facility specific carbon dioxide emission factor for gases, expressed in tonnes of emissions (CO2‑e) per tonne of fuel flared

   (f)  the tonnes of gas flared

3

Crude oil transport

Method 1 for the source, as set out in the Measurement Determination

the tonnes of indigenous crude oil transported to Australian refineries

 

 

Method 2 for the source, as set out in the Measurement Determination

   (a)  the tonnes of indigenous crude oil transported to Australian refineries

  (b)  the facility specific emission factor expressed in tonnes of CO2‑e per tonne of crude oil

   (c)  the tonnes of crude oil production flared

4

Crude oil refining

Method 1 for the source, as set out in the Measurement Determination

   (a)  the tonnes of crude oil refined

  (b)  the tonnes of crude oil stored

   (c)  the tonnes of gas that is flared

  (d)  the tonnes of gas that is vented, by individual greenhouse gas

 

 

Methods 2, 3 and 4 for the source, as set out in the Measurement Determination

   (a)  the tonnes of crude oil refined

  (b)  the tonnes of crude oil stored

   (c)  the tonnes of gas that is flared

 

 

 

  (d)  the tonnes of gas that is vented, by individual greenhouse gas

 

 

 

   (e)  the facility specific emission factor expressed in tonnes of emissions (CO2-e) of each gas per tonne of oil refined

 

 

 

   (f)  the facility specificemission factor expressed in tonnes of emissions (CO2-e) of each gas per tonne of oil stored

 

 

 

   (g)  the facility specificemission factor expressed in tonnes of emissions (CO2-e) of each gas per tonne of gas flared

5

Natural gas production or processing (other than venting or flaring)

Method 1 for the source, as set out in the Measurement Determination

the tonnes of natural gas throughput

 

 

Method 2 for the source, as set out in the Measurement Determination

   (a)  the tonnes of natural gas throughput

  (b)  the facility specific emission factor expressed in tonnes of each gas (CO2-e) per tonne of gas throughput

6

Natural gas transmission

Method 1 for the source, as set out in the Measurement Determination

   (a)  terajoules of natural gas transmission throughput

  (b)  kilometres of pipeline length

 

 

Method 2 for the source, as set out in the Measurement Determination

   (a)  terajoules of natural gas transmission throughput

  (b)  kilometres of pipeline length

 

 

 

   (c)  the facility specific emission factor expressed in tonnes of each gas (CO2-e) per tonne of gas throughput

7

Natural gas distribution

Method 1 for the source, as set out in the Measurement Determination

   (a)  terajoules of utility sales;

  (b)  location of the natural gas distribution

 

 

Method 2 for the source, as set out in the Measurement Determination

   (a)  terajoules of utility sales

  (b)  location of the natural gas distribution

   (c)  the facility specific emission factor expressed in tonnes of each gas (CO2-e) per tonne of gas throughput

8

Natural gas production or processing — flaring

Method 1 for the source, as set out in the Measurement Determination

the tonnes of gas flared

 

 

Methods 2 and 3 for the source, as set out in the Measurement Determination

   (a)  the tonnes of gas flared

  (b)  the facility specific emission factor expressed in tonnes of emissions (CO2-e) per tonne of gas flared

9

Natural gas production or processing — venting

Method 4 for the source, as set out in the Measurement Determination

the tonnes of vented gas

4.12        Greenhouse gas emissions — carbon capture and storage

         (1)   This regulation applies if the operation of a facility of the corporation is a carbon capture and storage source during a reporting year.

         (2)   The corporation’s report must include the following information for the facility for the year:

                (a)    the opening stock of stored CO2;

               (b)    the amount of CO2 captured for storage;

                (c)    the amount of CO2 imported for storage;

               (d)    the amount of CO2 injected at storage sites;

                (e)    the closing stock of stored CO2.

         (3)   The report must include the following information about greenhouse gas emissions from the operation of the facility during the year:

                (a)    greenhouse gas emissions that occur during the transportation of the CO2 to the storage site;

               (b)    greenhouse gas emissions that occur when the CO2 was being injected into the storage site;

                (c)    greenhouse gas emissions from the storage site.

4.13        Greenhouse gas emissions — mineral products

         (1)   This regulation applies if the operation of a facility of the corporation emits greenhouse gases from a source mentioned in an item of the table in subregulation (2) during a reporting year.

         (2)   The corporation’s report must include information for the facility in relation to the greenhouse gas emissions from the source during the reporting year and must identify:

                (a)    the criteria in the Measurement Determination used by the corporation to estimate the amount of carbonate inputs and outputs for the source; and

               (b)    the methods in the Measurement Determination used by the corporation to estimate the greenhouse gas emissions from the source; and

                (c)    for the source and method mentioned in the item of the table for the source, each of the matters set out in column 4 of that item; and

               (d)    if 1 or more greenhouse gases is emitted from the source during the reporting year, the amount of each greenhouse gas that is emitted.

 

Item

Source

Method

Matters to be identified

1

Cement clinker production

Method 1 for the source, as set out in the Measurement Determination

   (a)  the tonnes of clinker produced

  (b)  the tonnes of cement kiln dust produced

   (c)  the degree of calcination of cement kiln dust produced

 

 

Methods 2 and 4 for the source, as set out in the Measurement Determination

   (a)  the tonnes of clinker produced

  (b)  the tonnes of cement kiln dust produced

 

 

 

   (c)  the facility specific emission factor for clinker production expressed in tonnes of greenhouse gas emissions of each gas (CO2‑e) per tonne of clinker produced

 

 

 

  (d)  the degree of calcination of cement kiln dust produced

 

 

Method 3 for the source, as set out in the Measurement Determination

   (a)  the tonnes of calcium carbonate (pure) calcined

  (b)  the tonnes of magnesium carbonate (pure) calcined

 

 

 

   (c)  the tonnes of dolomite (pure) calcined

  (d)  the tonnes of cement kiln dust not recycled or lost

 

 

 

   (e)  the tonnes of organic matter or other carbon in specific non‑fuel raw material

 

 

 

   (f)  the emission factor for kerogen or other carbon‑bearing non‑fuel raw material expressed in tonnes of emissions (CO2‑e) per tonne of clinker produced

 

 

 

   (g)  the degree of calcination of the carbonate in the production of cement clinker during the year

  (h)  the tonnes of any other pure carbonate calcined

 

 

 

   (i)  the degree of calcination of cement kiln dust produced

2

Lime production

Method 1 for the source, as set out in the Measurement Determination

   (a)  the tonnes of commercial lime produced

  (b)  the tonnes of in‑house lime produced

 

 

 

   (c)  the tonnes of dolomitic lime produced;

 

 

 

  (d)  the tonnes of magnesian lime produced;

   (e)  the tonnes of lime kiln dust produced

 

 

 

   (f)  the degree of calcination of lime kiln dust produced

 

 

Method 2 for the source, as set out in the Measurement Determination

   (a)  the tonnes of lime produced

  (b)  the tonnes of lime kiln dust produced

   (c)  the degree of calcination of lime kiln dust produced

  (d)  the emission factor for lime production at each facility expressed in tonnes of emissions (CO2-e) per tonne of lime

3

Use of carbonate for the production of a mineral product other than cement clinker, lime, or soda ash

Method 1 for the source, as set out in the Measurement Determination

   (a)  the tonnes of limestone calcined

  (b)  the tonnes of dolomite calcined

   (c)  the tonnes of magnesium carbonate calcined

 

 

 

  (d)  the degree of calcination of the carbonate during the year

 

 

 

   (e)  the tonnes of any other pure carbonate calcined

 

 

Method 3 for the source, as set out in the Measurement Determination

   (a)  the tonnes of calcium carbonate (pure) calcined

  (b)  the tonnes of dolomite (pure) calcined

 

 

 

   (c)  the tonnes of magnesium carbonate (pure) calcined

  (d)  the degree of calcination of the carbonate during the year

   (e)  the tonnes of any other pure carbonate calcined

 

 

Method 4 for the source, as set out in the Measurement Determination

the tonnes of each pure carbonate calcined

4

Soda ash use

Method 1 for the source, as set out in the Measurement Determination

the tonnes of soda ash consumed

5

Soda ash production

Method 1 for the source, as set out in the Measurement Determination

   (a)  the tonnes of limestone consumed

  (b)  the tonnes of dolomite consumed

   (c)  the tonnes of magnesium carbonate consumed

  (d)  the tonnes of soda ash produced

 

 

 

   (e)  the tonnes of sodium bicarbonate produced

   (f)  the tonnes of soda ash used for brine purification

 

 

Methods 2, 3 and 4 for the source, as set out in the Measurement Determination

   (a)  the facility specific emission factor for soda ash production expressed in kilograms of CO2‑e per gigajoule of fuel or tonne of carbonate consumed

  (b)  the tonnes of calcium carbonate (pure) consumed

   (c)  the tonnes of dolomite (pure) consumed

  (d)  the tonnes of magnesium carbonate (pure) consumed

 

 

 

   (e)  the tonnes of soda ash produced

   (f)  the tonnes of sodium bicarbonate produced

   (g)  the tonnes of soda ash used for brine purification

4.14        Greenhouse gas emissions — chemical products

         (1)   This regulation applies if the operation of a facility of the corporation emits greenhouse gases from a source mentioned in an item of the table in subregulation (2) during a reporting year.

         (2)   The corporation’s report must include information for the facility in relation to greenhouse gas emissions from the source during the reporting year and must identify:

                (a)    the criteria in the Measurement Determination used by the corporation to estimate the amount of fuel consumption for the source; and

               (b)    the methods in the Measurement Determination used by the corporation to estimate the industrial process emissions from the source; and

                (c)    for the source and method mentioned in the item of the table for the source, each of the matters set out in column 4 of that item; and

               (d)    if 1 or more greenhouse gases is emitted from the source during the reporting year, the amount of each greenhouse gas that is emitted.

 

Item

Source

Method

Matters to be identified

1

Ammonia production

Method 1 for the source, as set out in the Measurement Determination

   (a)  the tonnes of ammonia produced

  (b)  the tonnes of carbon dioxide recovered and transferred from the facility

   (c)  the tonnes of carbon dioxide recovered and used for urea production

 

 

Methods 2, 3 and 4 for the source, as set out in the Measurement Determination

   (a)  the tonnes of ammonia produced

  (b)  the tonnes of carbon dioxide recovered and transferred from the facility

 

 

 

   (c)  the facility specific emissions factor expressed in kilograms of CO2‑e per gigajoule of fuel consumed

 

 

 

  (d)  the tonnes of carbon dioxide recovered and used for urea production

2

Nitric acid production

Method 1 for the source, as set out in the Measurement Determination

   (a)  the tonnes of nitric acid production;

  (b)  tonnes CO2‑e emission factor (plant type);

 

 

Methods 2, 3 and 4 for the source, as set out in the Measurement Determination

   (a)  the tonnes of nitric acid produced

  (b)  the facility specific emissions factor expressed in tonnes of emissions (CO2-e) per tonne of nitric acid produced

3

Adipic acid production

 

the tonnes of adipic acid produced

4

Carbide production

 

the tonnes of carbide produced

5

Chemical or mineral production, other than carbide production, using a carbon reductant

Method 1 for the source, as set out in the Measurement Determination

the tonnes of product produced

 

 

Methods 2, 3 and 4 for the source, as set out in the Measurement Determination

   (a)  the tonnes of product produced

  (b)  the facility specific emissions factor expressed in kilograms of CO2‑e per gigajoule of fuel consumed

4.15        Greenhouse gas emissions — metal products

         (1)   This regulation applies if the operation of a facility of the corporation emits greenhouse gases from a source mentioned in an item of the table in subregulation (2) during a reporting year.

         (2)   The report must include information for the facility in relation to greenhouse gas emissions from the source during the reporting year and must identify:

                (a)    the criteria in the Measurement Determination used by the corporation to estimate the amount of fuel consumed for the source; and

               (b)    the methods in the Measurement Determination used by the corporation to estimate the greenhouse gas emissions from the source; and

                (c)    for the source and method mentioned in the item of the table for the source, each of the matters set out in column 4 of that item; and

               (d)    if 1 or more greenhouse gases is emitted from the source during the reporting year, the amount of each greenhouse gas that is emitted.

 

Item

Source

Method

Matters to be identified

1

Iron, steel or other metal production using an integrated metalworks

Method 1 for the source, as set out in the Measurement Determination

   (a)  the tonnes of iron produced for sale

  (b)  the tonnes of crude steel produced

   (c)  the carbon content factor of the iron produced for sale in tonnes of carbon per tonne of output

  (d)  the carbon content factor of the crude steel in tonnes of carbon per tonne of output

 

 

Methods 2, 3 and 4 for the source, as set out in the Measurement Determination

   (a)  the facility specific emission factor expressed in kilograms of CO2‑e per gigajoule of fuel consumed

 

 

 

  (b)  the tonnes of iron produced for sale

   (c)  the tonnes of crude steel produced

  (d)  the carbon content factor of the iron for sale in tonnes of carbon per tonne of output

   (e)  the carbon content factor of the crude steel in tonnes of carbon per tonne of output

2

Ferroalloys production

Methods 2, 3 and 4 for the source, as set out in the Measurement Determination

the facility specific emission factor expressed in kilograms of CO2‑e per gigajoule of fuel consumed

3

Aluminium production

Method 1 for the source, as set out in the Measurement Determination

the amount of primary aluminium produced in tonnes during the year

 

 

Methods 2, 3 and 4 for the source, as set out in the Measurement Determination

   (a)  the facility specific emission factor expressed in kilograms of CO2‑e per gigajoule of fuel consumed

 

 

 

  (b)  the facility specific carbon tetrafluoride emissions factor expressed in tonnes of CO2‑e emitted per tonne of aluminium production

 

 

 

   (c)  the facility specific hexafluoroethane emissions factor expressed in tonnes of CO2‑e emitted per tonne of aluminium production

 

 

 

  (d)  the amount of primary aluminium produced in tonnes during the year

4

Production of other metals

Methods 2, 3 and 4 for the source, as set out in the Measurement Determination

the facility specific emissions factor expressed in kilograms of CO2‑e per gigajoule of fuel consumed

4.16        Greenhouse gas emissions — hydrofluorocarbons and sulphur hexafluoride gases

         (1)   This regulation applies if:

                (a)    the operation of a facility of the corporation during a reporting year emits greenhouse gas from the use of any of the following (equipment):

                          (i)    commercial air conditioning;

                         (ii)    commercial refrigeration;

                        (iii)    industrial refrigeration;

                        (iv)    gas insulated switch gear and circuit breaker applications; and

               (b)    the use of the equipment meets the criteria for reporting greenhouse gas emissions from such things in the Measurement Determination.

         (2)   The corporation’s report must include information for the facility about:

                (a)    the hydrofluorocarbons and sulphur hexafluoride emitted from using the equipment during the year; and`

               (b)    the amount of the stock of hydrofluorocarbons or sulphur hexafluoride contained in the equipment by each equipment type mentioned in the Measurement Determination during a year measured in CO2‑e tonnes.

4.17        Greenhouse gas emissions — waste

         (1)   This regulation applies if the operation of a facility of the corporation emits greenhouse gases from a source mentioned in column 2 of the table in subregulation (2) during a reporting year.

         (2)   The corporation’s report must include information for the facility in relation to greenhouse gas emissions from the source during the year and must identify:

                (a)    the criteria in the Measurement Determination used by the corporation to estimate the amount of waste in relation to the source; and

               (b)    the methods in the Measurement Determination used by the corporation to estimate the greenhouse gas emissions from the source; and

                (c)    for the source and method mentioned in the item of the table for the source, each of the matters set out in column 4 of that item; and

               (d)    if 1 or more greenhouse gases is emitted from the source during the reporting year, the amount of each greenhouse gas that is emitted.

 

Item

Source

Method

Matters to be identified

1

Solid waste disposal on land

Method 1 for the source, as set out in the Measurement Determination

   (a)  the location of the landfill site by State or Territory

  (b)  the number of years in operation

 

 

 

   (c)  the tonnes of average annual amount of disposal of solid waste over the lifetime of the facility prior to the first year of reporting

 

 

 

  (d)  the total tonnes of waste entering the landfill

 

 

 

   (e)  the tonnes of waste entering the landfill from:

         (i)   municipal sources

        (ii)   commercial and industrial sources

       (iii)   construction and demolition sources

 

 

 

   (f)  the tonnes of waste received at the landfill site for:

         (i)   transfer to an external recycling or biological treatment facility

 

 

 

        (ii)   recycling or biological treatment onsite

 

 

 

       (iii)   construction purposes, daily cover purposes, intermediate cover purposes or final capping and cover purposes (inert waste only)

   (g)  the percentages of each waste mix type entering the landfill in:

         (i)   municipal solid waste

        (ii)   commercial and industrial waste

       (iii)   construction and demolition waste

 

 

 

  (h)  the tonnes of methane (CO2‑e) captured for combustion

   (i)  the tonnes of methane (CO2‑e) captured and transferred offsite

   (j)  the tonnes of methane (CO2‑e) flared

 

 

 

  (k)  the tonnes of waste treated by:

         (i)   composting

        (ii)   anaerobic digestion

 

 

 

   (l)  the tonnes of methane (CO2‑e) captured from:

         (i)   composting

        (ii)   anaerobic digestion

 

 

Methods 2 and 3 for the source, as set out in the Measurement Determination

   (a)  the location of the landfill site by State or Territory

  (b)  the number of years in operation

   (c)  the tonnes of average annual amount of disposal of solid waste over the lifetime of the source prior to the first year of reporting

  (d)  the total tonnes of waste entering the landfill

 

 

 

   (e)  the tonnes of waste entering the landfill from:

         (i)   municipal sources

        (ii)   commercial and industrial sources

       (iii)   construction and demolition sources

 

 

 

   (f)  the percentages of each waste mix type entering the landfill in:

         (i)   municipal solid waste

        (ii)   commercial and industrial waste

       (iii)   construction and demolition waste

 

 

 

   (g)  the tonnes of waste received at the landfill site for:

         (i)   transfer to an external recycling or biological treatment facility

        (ii)   recycling or biological treatment onsite

 

 

 

       (iii)   construction purposes, daily cover purposes, intermediate cover purposes or final capping and cover purposes (inert waste only)

 

 

 

  (h)  the facility specific k value

 

 

 

   (i)  the emissions generated as a result of the decomposition of the waste

 

 

 

   (j)  the tonnes of methane (CO2-e) captured for production of electricity on site

 

 

 

  (k)  the tonnes of methane (CO2-e) captured and transferred off site

   (l)  the tonnes of methane (CO2-e) flared

(m)  the tonnes of waste treated by:

         (i)   composting

        (ii)   anaerobic digestion

  (n)  the tonnes of methane (CO2‑e) captured from:

         (i)   composting

        (ii)   anaerobic digestion

2

Wastewater handling (industrial)

Method 1 for the source, as set out in the Measurement Determination

   (a)  the tonnes of industrial wastewater produced by commodity type

 

 

 

  (b)  the fraction of wastewater anaerobically treated

   (c)  the fraction of COD removed as sludge

 

 

 

  (d)  the fraction of COD in sludge anaerobically treated on site

   (e)  the tonnes of COD in sludge transferred off site and disposed of at landfill

 

 

 

   (f)  the tonnes of COD in sludge transferred off site and disposed of at a site other than landfill

   (g)  the tonnes of COD in effluent leaving the site

  (h)  the tonnes of methane (CO2-e) captured for production of electricity on site

 

 

 

   (i)  the tonnes of methane (CO2-e) captured and transferred off site

   (j)  the tonnes of methane (CO2-e) flared

 

 

Methods 2 and 3 for the source, as set out in the Measurement Determination

   (a)  the tonnes of industrial wastewater produced by commodity type

  (b)  the tonnes of COD measured entering the treatment site

 

 

 

   (c)  the fraction of wastewater anaerobically treated

  (d)  the tonnes of COD removed as sludge

 

 

 

   (e)  the fraction of COD in sludge anaerobically treated on site

 

 

 

   (f)  the tonnes of COD in sludge transferred off site and disposed of at landfill

   (g)  the tonnes of COD in sludge transferred off site and disposed of at a site other than landfill

 

 

 

  (h)  the tonnes of COD in effluent leaving the site

   (i)  the tonnes of emissions (CO2‑e) generated

   (j)  the tonnes of methane (CO2-e) captured for production of electricity on site

 

 

 

  (k)  the tonnes of methane (CO2-e) captured and transferred off site

   (l)  the tonnes of methane (CO2-e) flared

3

Wastewater handling (domestic or commercial)

Method 1 for the source, as set out in the Measurement Determination

   (a)  the population served by the wastewater treatment plant

  (b)  the fraction of COD in wastewater anaerobically treated

 

 

 

   (c)  the fraction of COD removed as sludge

 

 

 

  (d)  the fraction of COD in sludge anaerobically treated on site

   (e)  the tonnes of COD in sludge transferred off site and disposed of at landfill

 

 

 

   (f)  the tonnes of COD in sludge transferred off site and disposed of at a site other than landfill

   (g)  the tonnes of methane (CO2-e) captured for production of electricity on site

 

 

 

  (h)  the tonnes of methane (CO2-e) captured and transferred off site

   (i)  the tonnes of methane (CO2-e) flared

 

 

 

   (j)  the tonnes of COD in effluent leaving the site

  (k)  the tonnes of nitrogen in sludge transferred out of the plant and disposed of at landfill

   (l)  the tonnes of nitrogen in sludge transferred out of the plant and disposed of at a site other than landfill

 

 

 

(m)  the tonnes of nitrogen in effluent leaving the plant into enclosed waters

  (n)  the tonnes of nitrogen in effluent leaving the plant into estuarine waters

  (o)  the tonnes of nitrogen in effluent leaving the plant into open coastal waters

 

 

Methods 2 and 3 for the source, as set out in the Measurement Determination

   (a)  the population served by the wastewater treatment plant

  (b)  the tonnes of COD measured entering treatment facility

   (c)  the fraction of COD in wastewater anaerobically treated

 

 

 

  (d)  the fraction of COD removed as sludge

   (e)  the fraction of COD in sludge anaerobically treated

 

 

 

   (f)  the tonnes of methane (CO2-e) generated from the decomposition of COD

 

 

 

   (g)  the tonnes of methane (CO2-e) captured for production of electricity on site

  (h)  the tonnes of methane (CO2-e) captured and transferred off site

   (i)  the tonnes of methane (CO2-e) flared

 

 

 

   (j)  the tonnes of COD in effluent leaving the site

 

 

 

  (k)  the tonnes of COD in sludge transferred offsite and disposed of at landfill

   (l)  the tonnes of COD in sludge transferred offsite to a site other than landfill

 

 

 

(m)  the tonnes of nitrogen in influent entering the plant

 

 

 

  (n)  the tonnes of nitrogen in sludge transferred out of the plant and disposed of at landfill

 

 

 

  (o)  the tonnes of nitrogen in sludge transferred out of the plant and disposed of at a site other than landfill

 

 

 

  (p)  the tonnes of nitrogen in effluent leaving the plant into enclosed waters

 

 

 

  (q)  the tonnes of nitrogen in effluent leaving the plant into estuarine waters

 

 

 

   (r)  the tonnes of nitrogen in effluent leaving the plant into open coastal waters

4

Waste incineration

Methods 1 and 4 for the source, as set out in the Measurement Determination

the tonnes of waste incinerated

4.17A      Report to include amount of uncertainty

                The corporation’s report must include the amount of uncertainty associated with the estimate for scope 1 emissions for the corporation’s group.

Subdivision 4.4.4        Energy production

4.18        Purpose of Subdivision

                This Subdivision specifies information that must be included in a registered corporation’s report for a reporting year if the operation of a facility of the corporation produces energy during the reporting year.

4.19        Energy produced

                If the operation of a facility of the corporation produces energy during the reporting year, the corporation’s report must include information for the facility identifying the amount and energy content of the energy type produced during the reporting year.

4.20        Electricity produced

      (1A)   This regulation applies in relation to the operation of a facility of the corporation that consumes energy during a reporting year to the extent of the electricity generated for the facility:

                (a)    if a generating unit for the facility has the capacity to produce 0.5 megawatts or more of electricity and generates more than 100,000 kilowatt hours of electricity in a reporting year — by that unit; or

               (b)    if there is more than 1 generating unit for the facility each of which has the capacity to produce 0.5 megawatts or more of electricity and each of which generates more than 100,000 kilowatt hours of electricity in a reporting year — by each of those units.

         (1)   The corporation’s report must include information for the facility identifying whether the electricity was produced during the reporting year using:

                (a)    thermal generation; or

               (b)    geothermal generation; or

                (c)    solar generation; or

               (d)    wind generation; or

                (e)    water generation; or

                (f)    biogas generation.

         (2)   The corporation’s report must identify the amount and energy content of the electricity that was produced from the operation of the facility during the reporting year, using 1 or more of the methods mentioned in subregulation (1), for each of the following purposes:

                (a)    for use for the purposes of the operation of the facility;

               (b)    for use outside the operation of the facility other than for supply to an electricity transmission or distribution network;

                (c)    for use outside the operation of the facility for supply to an electricity transmission or distribution network.

Note   Energy content must be reported in gigajoules, in accordance with Chapter 6 of the Measurement Determination.

Subdivision 4.4.5        Energy consumption

4.21        Purpose of Subdivision

                This Subdivision specifies information that must be included in a registered corporation’s report for a reporting year if the operation of a facility of the corporation consumes energy during the reporting year.

4.22        Energy consumption

         (1)   If the operation of a facility of the corporation consumes energy during a reporting year, the corporation must include in its report for the facility information identifying separately:

                (a)    the amount and energy content of the energy type consumed by means of combustion for:

                          (i)    producing electricity in generating units each of which has the capacity to produce 0.5 megawatts or more of electricity and each of which generates more than 100,000 kilowatt hours of electricity in a reporting year; and

                         (ii)    producing a chemical product or metal product; and

                        (iii)    transport, other than transport that involves the consumption of international bunker fuel; and

                        (iv)    a purpose other than a purpose mentioned in subparagraphs (i) or (ii) or transport; and

               (b)    the amount and energy content of the energy type consumed by a means other than combustion, if that amount:

                          (i)    exceeds the reporting thresholds mentioned in the Measurement Determination for this paragraph; and

                         (ii)    is not reported under paragraph (a) or subregulation (2) or (3); and

                (c)    the criteria in the Measurement Determination used by the corporation to estimate the amount and energy content of the energy type consumed; and

               (d)    the methods in the Measurement Determination used by the corporation to estimate greenhouse gas emissions from the consumption of the energy.

         (2)   If the energy is consumed to produce a chemical or metal product during a year, the corporation’s report for the facility must identify the amount and energy content of the energy type consumed during the year:

                (a)    for its carbon content in a chemical process; or

               (b)    as feedstock.

         (3)   If the energy is consumed to produce a chemical product containing carbon during a year, the corporation’s report for the facility must include information identifying the amount and energy content of the energy type consumed in the production of the product during the year.

Note   Energy content must be reported in gigajoules, in accordance with Chapter 6 of the Measurement Determination.

4.23        Consumption of energy if both electricity and another product are produced

         (1)   This regulation applies to the corporation if the operation of a facility of the corporation during the reporting year:

                (a)    consumes energy, other than electricity, and the energy is consumed in a cogeneration process; and

               (b)    has the capacity to produce 30 megawatts of electricity; and

                (c)    produces more than 30 gigawatt hours of electricity.

         (2)   The corporation’s report for the facility must identify the amount and energy content of the energy type consumed to produce the electricity and the other product during the year.

         (3)   For identifying in its report for the facility the amount and energy content of the energy type consumed to produce electricity and the other product, the corporation must use the procedure mentioned in the Measurement Determination for this purpose.

Note   Energy content must be reported in gigajoules, in accordance with Chapter 6 of the Measurement Determination.

Division 4.5           Other reporting requirements

4.24        Purpose of Division

                This Division specifies alternate or additional information requirements in particular circumstances for inclusion in a registered corporation’s report for a reporting year.

4.25        Reporting aggregated amounts from facilities

         (1)   This regulation applies if:

                (a)    the corporation reports on more than 1 facility of the corporation whose operation, in a reporting year:

                          (i)    emits greenhouse gases with a carbon dioxide equivalence of less than 25 kilotonnes; and

                         (ii)    consumes less than 100 terajoules of energy; and

                        (iii)    produces less than 100 terajoules of energy; and

               (b)    all of those facilities are within 1 State or Territory and are attributable to 1 industry sector in accordance with Subdivisions 2.4.2 and 2.4.3 of Division 2.4 of Part 2 of these Regulations.

         (2)   The report may, by reference to a member of the corporation’s group or by reference to a business unit, include as aggregated amounts for all facilities for which the member has operational control or the business unit has administrative responsibility, the following information:

                (a)    the greenhouse gas emissions from the operation of the facilities, identified in accordance with the classification of fuels and energy commodities in Schedule 1;

               (b)    the consumption of energy from the operation of the facilities, identified in accordance with the classification of fuels and energy commodities in Schedule 1;

                (c)    the production of energy from the operation of the facilities, identified in accordance with the classification of fuels and energy commodities in Schedule 1.

         (3)   If the report includes aggregated amounts in accordance with subregulation (2), the report must identify:

                (a)    if the corporation chooses to aggregate by member, the member; and

               (b)    if the corporation chooses to aggregate by business unit, the business unit; and

                (c)    for each of the facilities for which the member has operational control or the business unit has administrative responsibility:

                          (i)    the street address of the facility, if any; and

                         (ii)    the State or Territory to which its activities are attributable; and

                        (iii)    if the facility is not a transport, network or pipeline facility — its latitude and longitude.

         (4)   The report must include aggregated amounts under either paragraph (3) (a) or (b) but not both.

         (5)   If the report includes information mentioned in subregulation (2) as an aggregated amount, then it does not need to include that information separately for each facility.

4.26        Reporting percentages of emissions and energy

         (1)   This regulation applies if:

                (a)    the facilities of the corporation include a facility the operation of which:

                          (i)    emits greenhouse gases with a carbon dioxide equivalence of 3 kilotonnes or less; and

                         (ii)    produces 15 terajoules or less of energy; and

                        (iii)    consumes 15 terajoules or less of energy; and

               (b)    the greenhouse gas emissions from the operation of that facility comprise less than 2% of the group’s total greenhouse gas emissions; and

                (c)    the energy production from the operation of that facility comprise less than 2% of the group’s total energy production; and

               (d)    the energy consumption from the operation of that facility comprise less than 2% of the group’s total energy consumption; and

                (e)    the corporation is not required to collect or provide information about the greenhouse gas emissions or the consumption or production of energy from the operation of the facility under any other Commonwealth, State or Territory law; and

                (f)    the total of the greenhouse gas emissions from the operation of the facilities reported under this regulation is less than 5% of the group’s total greenhouse gas emissions; and

               (g)    the total of the energy production from the operation of the facilities reported under this regulation is less than 5% of the group’s total energy production; and

               (h)    the total of the energy consumption from the operation of the facilities reported under this regulation is less than 5% of the group’s total energy consumption.

         (2)   The report may include for all facilities to which this regulation applies:

                (a)    the greenhouse gas emissions as an estimate of the percentage of the group’s total greenhouse gas emissions; and

               (b)    the energy consumption as an estimate of the percentage of the group’s total energy consumption; and

                (c)    the energy production as an estimate of the percentage of the group’s total energy production.

         (3)   If the report includes an estimated percentage in accordance with subregulation (2), the report must identify the number of facilities for which the report provides the estimate.

         (4)   If the report includes information mentioned in subregulation (2) as an estimated percentage, then it does not need to include that information by another method or criteria mentioned in the Measurement Determination.

4.27        Reporting about incidental emissions and energy

         (1)   This regulation applies if 1 of the facilities of the corporation has any of the following:

                (a)    an emission of greenhouse gas that is incidental to the facility’s total emissions;

               (b)    a consumption of energy that is incidental to the facility’s total energy consumption;

                (c)    a production of energy that is incidental to the facility’s total energy production.

         (2)   The report may include an estimate of the greenhouse gas emissions or the consumption or production of energy from the operation of the facility that are incidental, using the criteria that are specified in the Measurement Determination for this purpose.

         (3)   If the report includes the estimate, the report must include the following:

                (a)    separate identification of the greenhouse gas emissions, the consumption of energy or the production of energy from the operation of the facility that are incidental;

               (b)    the criteria in the Measurement Determination used by the corporation to make the estimate;

                (c)    the emissions from the operation of the facility that are incidental, identified in accordance with the classification of fuels and energy commodities in Schedule 1;

               (d)    the energy production and energy consumption in the facility that are incidental, identified in accordance with the classification of fuels and energy commodities in Schedule 1.

         (4)   If the report includes the information mentioned in subregulation (2) using the criteria specified in the Measurement Determination for that purpose, then it does not need to include that information by another method or criteria mentioned in the Measurement Determination.

         (5)   In this regulation, emissions of greenhouse gas from the operation of a facility are incidental if, in a reporting year:

                (a)    an individual source of emission from the operation of the facility is less than:

                          (i)    0.5% of the total amount of greenhouse gases emitted from the operation of the facility; and

                         (ii)    a carbon dioxide equivalence of 3 kilotonnes for a year; and

               (b)    the total amount of all of the individual sources of emission mentioned in paragraph (a) is less than the lesser of:

                          (i)    2% of the total amount of greenhouse gases emitted from the operation of the facility; or

                         (ii)    a carbon dioxide equivalence of 12 kilotonnes; and

                (c)    information about the sources of these emissions from the operation of the facility is not required to be collected or provided under any other Commonwealth, State or Territory law; and

               (d)    the corporation provides a statement that measurement of emissions of greenhouse gas from these sources using another method or criteria in the Measurement Determination would cause the corporation significant hardship or expense.

         (6)   In this regulation, consumption of energy from the operation of a facility is incidental if, in a reporting year:

                (a)    an individual source of energy consumption from the operation of the facility is less than:

                          (i)    0.5% of the total amount of energy consumed from the operation of the facility; and

                         (ii)    15 terajoules of energy; and

               (b)    the total of all of the individual sources of energy consumption mentioned in paragraph (a) is less than the lesser of:

                          (i)    2% of the total amount of energy consumed from the operation of the facility; or

                         (ii)    60 terajoules of energy; and

                (c)    information about these sources of consumption of energy from the operation of the facility that are to be reported under this regulation is not required to be collected or provided under any other Commonwealth, State or Territory law; and

               (d)    the corporation provides a statement that the measurement of the consumption of energy from the sources using another method or criteria the Measurement Determination would cause the corporation significant hardship or expense.

         (7)   In this regulation, production of energy from the operation of a facility is incidental if, in a reporting year:

                (a)    an individual source of energy production from the operation of the facility is less than:

                          (i)    0.5% of the total amount of energy produced from the operation of the facility; and

                         (ii)    15 terajoules of energy; and

               (b)    the total amount of all of the individual sources of energy production mentioned in paragraph (a) is less than the lesser of:

                          (i)    2% of the total amount of energy produced from the operation of the facility; or

                         (ii)    60 terajoules of energy; and

                (c)    information about these sources of energy production from the operation of the facility that is to be reported under this regulation is not required to be collected or provided under any other Commonwealth, State or Territory law; and

               (d)    the corporation provides a statement that the measurement of the production of energy from these sources using another method or criteria in the Measurement Determination would cause the corporation significant hardship or expense.

4.28        Reporting for facilities that are networks and pipelines

         (1)   This regulation applies if:

                (a)    a facility of the corporation is in 1 of the following industry sectors:

                          (i)    Electricity transmission (262);

                         (ii)    Electricity distribution (263);

                        (iii)    Gas supply (270);

                        (iv)    Water supply, sewerage and drainage services (281);

                         (v)    Telecommunications services (580); and

               (b)    the facility is in more than 1 State or more than 1 State and 1 Territory.

         (2)   The information for the facility about greenhouse gas emissions or production or consumption of energy that the corporation is required to provide in its report under this Part must be apportioned in respect of each State and Territory (if any) that the facility is physically located in.

         (3)   The report must include information as to the apportionment.

4.29        Reporting for facilities that are vertically integrated production processes

         (1)   This regulation applies if:

                (a)    facilities of the corporation include facilities that are a vertically integrated production process; and

               (b)    the production process is located in only 1 State or Territory including the offshore waters adjacent to the State or Territory.

         (2)   The corporation may aggregate the information about greenhouse gas emissions, production or consumption of energy from the operation of the facilities in the production process that the corporation is required to provide under this Part.

         (3)   If the report includes information mentioned in subregulation (2) as an aggregated amount, then it does not need to include that information separately for each facility.

      (3A)   If the corporation’s report includes aggregated information in accordance with subregulation (2), the report must identify each facility of the corporation in the production process.

         (4)   If the corporation aggregates the information, the corporation must also apportion information in respect of an ANZSIC division specified in the following table that facilities within the production process fall within.

 

Item

ANZSIC alpha character

ANZSIC divisions

1

A

Agriculture, forestry and fishing

2

B

Mining

3

C

Manufacturing

4

D

Electricity, gas, water and waste services

5

E

Construction

6

F

Wholesale trade

7

G

Retail trade

8

H

Accommodation and food services

9

I

Transport, postal and warehousing

10

J

Information, media and telecommunications

11

K

Financial and insurance services

12

L

Rental, hiring and real estate services

13

M

Professional, scientific and technical services

14

N

Administrative and support services

15

O

Public administration and safety

16

P

Education and training

17

Q

Health care and social assistance

18

R

Arts and recreation services

19

S

Other services

         (5)   If the corporation’s report includes aggregated information, the report must include the information referred to in subregulation (4).

         (6)   In this regulation, offshore waters in relation to a State or Territory, means:

                (a)    the offshore area within the meaning of the Offshore Petroleum Act 2006; and

               (b)    the sea on the landward side of the area that is 3 nautical miles from the baseline from which the breadth of the territorial sea is measured; and

                (c)    the sea within the limits of the State or Territory.

Note   The application of the regulations to the exclusive economic zone is limited: see the definitions of facility and greenhouse gas project in the Act.

4.30        Reporting about contractors

         (1)   This regulation applies if, in a reporting year, a contractor conducts an activity or activities that:

                (a)    form part of the facility; and

               (b)    cause:

                          (i)    the production of greenhouse gas emissions that have a carbon dioxide equivalence of 25 kilotonnes or more; or

                         (ii)    the production of energy of 100 terajoules or more; or

                        (iii)    the consumption of energy of 100 terajoules or more.

         (2)   The report must include the following information in relation to each contractor that conducts an activity or activities mentioned in subregulation (1) during the reporting year:

                (a)    the name of each contractor;

               (b)    each contractor’s identifying details;

                (c)    the total greenhouse gas emissions produced by each contractor’s activity or activities;

               (d)    the total energy produced by each contractor’s activity or activities;

                (e)    the total energy consumed by each contractor’s activity or activities.

         (3)   For facilities of a corporation that are a vertically integrated production process and to which regulation 4.29 applies, the report may include the information mentioned in paragraphs (2) (c) to (e) in relation to a contractor as aggregated amounts for all facilities of the corporation in the production process for which the contractor is engaged.

         (4)   If the report includes information mentioned in paragraphs (2) (c) to (e) as an aggregated amount, then it does not need to include the information mentioned in subregulation (2) separately for each facility of the corporation in the vertically integrated production process.

         (5)   The information mentioned in subregulation (2) is to be reported in addition to the information reported by the corporation under Divisions 4.3, 4.4 and 4.5 of this Part.

4.31        Reporting a change in principal activity for facility

         (1)   This regulation applies if the principal activity for a facility of the corporation that has been included in a report under the Act stops being the principal activity for the facility for a period of at least 24 months.

         (2)   The corporation must identify a new principal activity for the facility and the industry sector to which the principal activity is attributable.

Note   Subdivisions 2.4.2 and 2.4.3 of Division 2.4 of Part 2 of these Regulations deal with attribution of principal activities to industry sectors.

         (3)   The corporation’s report for the reporting year that includes the last day of the period mentioned in subregulation (1) must include the industry sector to which the new principal activity is attributable.

         (4)   The corporation must record the new principal activity and the date that the principal activity changed.

         (5)   In this regulation, principal activity, in relation to a facility, means the activity that:

                (a)    results in the production of a product or service that is produced for sale on the market; and

               (b)    produces the most value for the facility out of any of the activities forming part of the facility.

Division 4.6           No thresholds met

4.32        Reporting where no section 13 thresholds met

                If the registered corporation’s group does not meet any of the thresholds in section 13 of the Act for a reporting year, the corporation’s report must include a statement that the corporation’s group did not meet any of the thresholds in section 13 of the Act for the reporting year.

Division 4.7           Reporting of information by another person

4.33        Application for a determination

         (1)   For subsection 20 (2) of the Act, an application for the Greenhouse and Energy Data Officer to make a determination under subsection 20 (3) of the Act must:

                (a)    be in writing; and

               (b)    specify the authenticated identity of the registered corporation using a method (if any) approved by the Greenhouse Energy Data Officer and notified in the Gazette; and

                (c)    state the following, in relation to both the registered corporation and the other person:

                          (i)    the business name;

                         (ii)    the head office postal address;

                        (iii)    the identifying details;

                        (iv)    the name, position, telephone number, email address and postal address of a contact person; and

               (d)    set out the section 19 information that:

                          (i)    is not in the possession or under the control of the registered corporation; and

                         (ii)    is under the control of the other person; and

                (e)    include a statement to the effect that the section 19 information is information that the registered corporation:

                          (i)    is not entitled to acquire from the other person; or

                         (ii)    is entitled to acquire from the other person only because the other person is obliged to assist the corporation to comply with the Act; and

                (f)    include written documentation, or a statement to the effect, that the other person:

                          (i)    has refused to give the information and any reasons given for the refusal; and

                         (ii)    supports, or does not support, the application.

         (2)   In this regulation:

section 19 information, in relation to a registered corporation, is information that would, but for section 20 of the Act, be required to be included in a report by the corporation under section 19 of the Act.

Part 5                 Disclosure of information

Division 5.1           Purpose of Part

5.01        Purpose of Part

                This Part contains regulations made for the purposes of Part 4 of the Act dealing with disclosure of information.

Division 5.2           Information

5.02        Specified persons for disclosure of information

         (1)   For subsection 26 (1) of the Act, the following persons are specified:

                (a)    each of the following Commonwealth Ministers:

                          (i)    the Minister for Climate Change and Water;

                         (ii)    the Minister for the Environment, Heritage and the Arts;

                        (iii)    the Minister for Resources and Energy;

                        (iv)    the Treasurer;

              (aa)    the Parliamentary Secretary of a Commonwealth Minister mentioned in paragraph (a);

              (ab)    any member of staff of a Commonwealth Minister mentioned in paragraph (a) or a Parliamentary Secretary mentioned in paragraph (aa);

               (b)    the Secretary of each of the following Departments:

                          (i)    the Department of Climate Change;

                         (ii)    the Department of the Environment, Water, Heritage and the Arts;

                        (iii)    the Department of Resources, Energy and Tourism;

                        (iv)    the Treasury;

                (c)    the Australian Statistician;

               (d)    the Chair of the Australian Energy Regulator;

                (e)    each of the following APS employees or employees of an authority of the Commonwealth:

                          (i)    the Executive Director of the Australian government agency known as the Australian Bureau of Agricultural and Resource Economics;

                         (ii)    a member of the staff of the Australian government agency known as the Australian Bureau of Agricultural and Resource Economics;

                        (iii)    the Executive Director of the Australian government agency known as the Bureau of Infrastructure, Transport and Regional Economics;

                        (iv)    a member of the staff of Australian government agency known as the Bureau of Infrastructure, Transport and Regional Economics;

                         (v)    a member of the staff of the Australian Bureau of Statistics mentioned in subsection 16 (1) of the Australian Bureau of Statistics Act 1975 whose duties relate to collecting statistics in relation to greenhouse gas emissions, energy production and energy consumption;

                        (vi)    a person made available to assist the Australian Energy Regulator to perform its functions under paragraph 44AAC (a) of the Trade Practices Act 1974;

                       (vii)    an APS employee in the Department of Climate Change whose duties relate to developing policies for, and implementing, the Carbon Pollution Reduction Scheme;

                      (viii)    an APS employee in the Department of Climate Change whose duties relate to developing policies about greenhouse gas emissions, greenhouse gas projects or the reporting of energy production and energy consumption of corporations;

                        (ix)    an APS employee in the Department of Climate Change whose duties relate to preparing the National Greenhouse Accounts;

                         (x)    an APS employee in the Department of Climate Change whose duties relate to preparing the national greenhouse gas emissions projections;

                        (xi)    an APS employee in the Department of Climate Change whose duties relate to managing online systems for the reporting or disclosure of greenhouse and energy information;

                       (xii)    an APS employee in the Department of the Environment, Water, Heritage and the Arts whose duties relate to developing policies about greenhouse gas emissions, greenhouse gas projects or the reporting of energy production and energy consumption of corporations;

                      (xiii)    an APS employee in the Department of Resources, Energy and Tourism whose duties relate to administering the Energy Efficiency Opportunities Act 2006;

                      (xiv)    an APS employee in the Department of Resources, Energy and Tourism whose duties relate to developing policies about greenhouse gas emissions, greenhouse gas projects or the reporting of energy production and energy consumption of corporations;

                       (xv)    an APS employee in the Treasury.

         (2)   In this regulation:

Australian Energy Regulator means the body established by section 44AE of the Trade Practices Act 1974.

National Greenhouse Accounts has the same meaning as it has in the Measurement Determination.

Part 6                 Administration

Division 6.1           Purpose of Part

6.01        Purpose of Part

                This Part contains regulations made for the purposes of Part 6 of the Act dealing with administration.

Division 6.2           Other information required

6.02        Application under section 54 — other information required

         (1)   For paragraph 54 (2) (c) of the Act, an application for a declaration that an activity or series of activities (including ancillary activities) are a facility, must include the following information:

                (a)    for the controlling corporation making the application:

                          (i)    its name; and

                         (ii)    its identifying details; and

                        (iii)    the postal address of its head office; and

                        (iv)    its contact telephone number; and

                         (v)    its contact email address;

               (b)    for the member of the corporation’s group that has overall control in relation to the activity or series of activities that are the subject of the application:

                          (i)    its name; and

                         (ii)    its postal address; and

                        (iii)    its identifying details; and

                        (iv)    the name, position, telephone number, email address and postal address of a contact person for the member;

              (ba)    which of the kinds of entities mentioned in subsection 8 (1) of the Act the member mentioned in paragraph (b) is;

             (bb)    if the member mentioned in paragraph (b) is an entity mentioned in paragraph 8 (1) (c) or (d) of the Act — whether the participants in the joint venture or the partners in the partnership have nominated a responsible entity for the joint venture or partnership;

                (c)    a description of the activities that are the subject of the application;

               (d)    the name of the proposed facility that will be constituted by the activities that are the subject of the application;

                (e)    a statement setting out which of the activities, for the proposed facility for which a declaration is sought, is proposed to be:

                          (i)    the principal activity; and

                         (ii)    an ancillary activity;

                (f)    a statement about whether the activities are, or are proposed to be, carried out at a single physical location, a series of physical locations or at different sites;

               (g)    for each of the activities that are the subject of the application:

                          (i)    the street address, or other description of the site, where the activities will be carried out; and

                         (ii)    unless subparagraph (iii) or (iv) applies, the latitude and longitude of the site where the activities will be carried out; and

                        (iii)    if the activities will constitute a transport facility — the State or Territory to which the activities are attributable; and

                        (iv)    if the activity constitutes a network or pipeline facility — the State or Territory in which it is located;

               (h)    if the activities are, or are proposed to be, carried out at a series of physical locations or at different sites — a statement explaining how the activities at the different physical locations or different sites form, or will form, a single undertaking or enterprise;

                (i)    a statement about whether another activity or series of activities are, or will be, the subject of a further application under section 54 of the Act in relation to the same site;

                (j)    if other activities are, or will be, the subject of a further application under section 54 of the Act in relation to the same site — a statement setting out the details of the other activities and explaining how all of the activities at the site relate, or will relate, to each other;

               (k)    the industry sector to which the activity that is proposed to be the principal activity is attributable under regulation 2.22.

Note for subparagraph (g) (iv)   A network or pipeline facility may be located in more than one State or Territory.

         (2)   In this regulation, principal activity, in relation to a series of activities, means the activity in the series of activities that:

                (a)    results in the production of a product or service that is produced for sale on the market; and

               (b)    produces the most value for the series out of any activity in the series.

6.03        Application under section 55 — other information required

                For paragraph 55 (2) (c) of the Act, an application for a declaration that a controlling corporation or another member of the corporation’s group has operational control of a facility must include the following information:

              (aa)    which of the following entities the entity making the application is:

                          (i)    the controlling corporation; or

                         (ii)    a member of the corporation’s group that is a subsidiary of the controlling corporation covered by subsection 8 (3) of the Act; or

                        (iii)    a member of the corporation’s group that is a joint venture participant covered by subsection 8 (4) of the Act; or

                        (iv)    a member of the corporation’s group that is a partner in a partnership covered by subsection 8 (5) of the Act;

                (a)    for the controlling corporation:

                          (i)    its name; and

                         (ii)    its identifying details; and

                        (iii)    the postal address of its head office; and

                        (iv)    its contact telephone number; and

                         (v)    its contact email address;

               (b)    for the member making the application and the member in relation to which a declaration is sought:

                          (i)    its name; and

                         (ii)    its identifying details; and

                        (iii)    the postal address of its head office; and

                        (iv)    the name, telephone number and email address of a contact person;

                (c)    for an entity that is not a member of the corporation’s group and that the corporation considers has authority to introduce and implement one or more of the policies mentioned in paragraph 11 (1) (a) of the Act in relation to the facility for which a declaration is sought:

                          (i)    the entity’s name; and

                         (ii)    its identifying details; and

                        (iii)    the postal address of the entity’s head office; and

                        (iv)    the name, telephone number and email address of a contact person;

               (d)    details of any contracts or arrangements showing that the corporation or member in relation to which a declaration is sought has the greatest authority to introduce and implement the policies mentioned in subparagraphs 11 (1) (a) (i) and (iii) of the Act for the facility;

                (e)    if the facility for which a declaration is sought is not a network, pipeline or a transport facility:

                          (i)    its name; and

                         (ii)    the street address or other description of the site at which it is located; and

                        (iii)    details of the latitude and longitude of the facility; and

                        (iv)    the industry sector mentioned in Schedule 2 to which the activities constituting the facility are attributable; and

                         (v)    the State or Territory to which the activities constituting the facility are attributable;

                (f)    if the facility for which a declaration is sought is a network or pipeline facility:

                          (i)    its name; and

                         (ii)    the State or Territory in which it is located; and

                        (iii)    the industry sector mentioned in subregulation 2.20 (2) to which the activities constituting the facility are attributable;

               (g)    if the facility for which a declaration is sought is a transport facility:

                          (i)    its name; and

                         (ii)    the State or Territory to which the activities constituting the facility are attributable in accordance with subregulation 2.19 (2); and

                         (iii)    the industry sector mentioned in subregulation 2.19 (3) to which the activities constituting the facility are attributable;

               (h)    the period in relation to which the declaration is sought.

Note for subparagraph (f) (ii)   A network or pipeline facility may be located in more than one State or Territory.

6.04        Form of identity card

                For subsection 58 (1) of the Act, an identity card issued to an authorised officer must be in a form that contains the following:

                (a)    the full name of the authorised officer;

               (b)    the office held by the authorised officer;

                (c)    the signature of the authorised officer;

               (d)    the date the card expires;

                (e)    a statement that the authorised officer is authorised to exercise powers or to perform functions under the Act.

Note   Subsection 58 (1) of the Act provides that an identity card issued to an authorised officer must contain a recent photograph of the authorised officer.

Division 6.3           Register of greenhouse and energy auditors

Subdivision 6.3.1        Overview

6.05        Overview of Division

         (1)   This Division provides for the content and publication of the register.

         (2)   This Division is made for the purposes of paragraphs 75A (5) (a) and (b) of the Act.

Subdivision 6.3.2        Register

6.06        Content of register

                The register of greenhouse and energy auditors must contain the following information in relation to an individual who is registered:

                (a)    name;

               (b)    registration number;

                (c)    date of registration;

               (d)    whether registered as a Category 1, 2 or 3 auditor and, if registered as a Category 1 auditor, the type of Category 1 auditor;

                (e)    contact details — telephone number, email address and postal address;

                (f)    name of employer or, if the individual is self-employed through a company, name of the company;

               (g)    address where the individual practices as a registered greenhouse and energy auditor;

               (h)    if the individual has previously had his or her registration suspended or been deregistered — details of the suspension or deregistration;

                (j)    any other information relevant to the person’s registration.

Note for paragraph (d)   Subregulation 6.09 (2) provides for ‘NGER technical’, ‘CFI technical’ and ‘non-technical’ as types of Category 1 auditor.

6.07        Publication of register

         (1)   The Greenhouse and Energy Data Officer must publish the following information from the register of greenhouse and energy auditors in relation to each individual who is registered:

                (a)    name;

               (b)    whether registered as a Category 1, 2 or 3 auditor and, if registered as a Category 1 auditor, the type of Category 1 auditor;

                (c)    contact details — telephone number, email address and postal address;

               (d)    name of employer or, if the individual is self-employed through a company, name of the company.

Note for paragraph (b)   Subregulation 6.09 (2) provides for ‘NGER technical’, ‘CFI technical’ and ‘non-technical’ as types of Category 1 auditor.

         (2)   For subregulation (1), a person whose registration is suspended is taken not to be registered during the period of the suspension.

Division 6.4           Qualifications etc of applicants for registration

Subdivision 6.4.1        Overview

6.08        Overview of Division

         (1)   This Division sets out the requirements as to qualifications, status as a fit and proper person (subject to regulation 6.12) and the knowledge and experience that an individual must meet to be registered.

         (2)   The requirements relate to the following:

                (a)    qualifications and status as a fit and proper person — see Subdivision 6.4.2;

               (b)    knowledge — see Subdivision 6.4.3;

                (c)    experience — see Subdivision 6.4.4.

         (3)   This Division is made for the purposes of paragraph 75A (2) (b) of the Act.

6.09        Overview of categories of registered greenhouse and energy auditors

         (1)   There are 3 categories of registered greenhouse and energy auditor, as follows:

                (a)    Category 1 auditors;

               (b)    Category 2 auditors;

                (c)    Category 3 auditors.

         (2)   There are 3 types of Category 1 auditors as follows:

                (a)    NGER technical;

               (b)    CFI technical; and

                (c)    non-technical.

         (3)   The categories of auditor have different requirements as to qualifications, knowledge and experience as set out in this Division and in the Auditor Registration Instrument.

Subdivision 6.4.2        Qualifications and status as a fit and proper person

6.10        Overview of Subdivision

                This Subdivision deals with the academic qualifications and status as a fit and proper person that an applicant for registration is required to have to be registered.

6.11        Relevant academic qualifications

                The applicant must have a bachelor’s, master’s or doctoral degree (or equivalent) that:

                (a)    is conferred by an appropriate university or an equivalent institution of higher learning; and

               (b)    is relevant, in the opinion of the Greenhouse Energy and Data Officer, to functions performed by auditors under the Act.

6.12        Applicant must be fit and proper person

         (1)   The applicant must be a fit and proper person to be a registered greenhouse and energy auditor.

         (2)   In determining whether the applicant is a fit and proper person, the Greenhouse and Energy Data Officer must have regard to the following:

                (a)    any conviction of the applicant (other than a spent conviction) for an offence against a law of the Commonwealth, a State or Territory or a foreign country (including a state or similar division of a foreign country) if the offence had an element of dishonesty;

               (b)    whether the applicant is the subject of any charge or other proceedings for an offence against a law of the Commonwealth, a State or Territory or a foreign country (including a state or similar division of a foreign country) if the offence has an element of dishonesty;

                (c)    any finding of civil liability for any breach of trust or other breach of fiduciary duty, dishonesty, negligence or recklessness in the course of the applicant’s work within the 10 years immediately preceding the making of the application;

               (d)    whether the applicant:

                          (i)    is or has been bankrupt or is applying to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

                         (ii)    has compounded with creditors or made an assignment of remuneration for their benefit;

                (e)    any statement by the applicant in the application that was false or misleading in a material particular;

                (f)    if any statement by the applicant in the application was false or misleading in a material particular — whether the applicant knew that the statement was false or misleading;

               (g)    whether the applicant has previously had his or her membership of a relevant professional body cancelled;

               (h)    if the applicant had previously been a registered greenhouse and energy auditor — any suspension of the applicant’s registration or any deregistration.

         (3)   In this regulation, spent, in relation to a conviction, has the same meaning as in Part VIIC of the Crimes Act 1914.

Subdivision 6.4.3        Knowledge

6.13        Overview of Subdivision

                This Subdivision deals with the knowledge that an applicant for registration is required to have to be registered.

6.14        NGER legislation knowledge

         (1)   The applicant must have knowledge of the NGER legislation relevant to the category of auditor for which the applicant has applied to be registered.

         (2)   To demonstrate that knowledge, the applicant must provide the Greenhouse and Energy Data Officer with appropriate evidence.

Note   The Auditor Registration Instrument sets out the ways in which the requirements of this subregulation may be met.

6.14A      CFI legislation knowledge

         (1)   The applicant must have knowledge of the CFI legislation relevant to the category of auditor for which the applicant has applied to be registered.

         (2)   To demonstrate that knowledge, the applicant must provide the Greenhouse and Energy Data Officer with appropriate evidence.

Note   The Auditor Registration Instrument sets out the ways in which the requirements of this subregulation may be met.

6.15        Audit knowledge

         (1)   The applicant must have knowledge of auditing.

         (2)   To demonstrate that knowledge, the applicant must, in or with the application, provide the Greenhouse and Energy Data Officer with appropriate evidence.

Note   The Auditor Registration Instrument sets out the ways in which the requirements of this subregulation may be met.

         (3)   If the applicant does not provide the evidence referred to in subregulation (2), the applicant may demonstrate his or her knowledge of auditing by complying with subregulation (4).

         (4)   The applicant must:

                (a)    have participated in the appropriate kind and number of audits for the appropriate period; and

               (b)    provide, with his or her application, written reports by 2 eligible referees attesting to the quality of that participation.

Note   The Auditor Registration Instrument sets out the ways in which the requirements of paragraph (4) (a) may be met.

         (5)   For paragraph (4) (a), the participation must have occurred in the 5 years immediately preceding the day the application is made.

6.16        Audit team leadership and assurance knowledge — Category 2 and 3 applicants

         (1)   An applicant for registration as a Category 2 or a Category 3 auditor must also have knowledge of audit team leadership and assurance.

         (2)   To demonstrate that knowledge, the applicant must, in or with the application, provide the Greenhouse and Energy Data Officer with appropriate evidence.

Note   The Auditor Registration Instrument sets out the ways in which the requirements of this subregulation may be met.

Subdivision 6.4.4        Experience

6.17        Overview of Subdivision

                This Subdivision deals with the experience that an applicant for registration is required to have to be registered.

6.18        Meaning of eligible referee

                A person (the referee) is an eligible referee in relation to an applicant if:

                (a)    the referee is an audited body and the applicant has been a member of an audit team that has audited the audited body; or

               (b)    the referee is a person, other than a referee mentioned in paragraph (a), who has paid the applicant to undertake audit work in relation to that person or that person’s business.

6.19        Auditing experience required for applicants for Category 1 registration

         (1)   If the applicant applies for registration as a Category 1 auditor, the applicant must have the appropriate kind, and the appropriate period, of experience of auditing and preparing audit reports.

         (2)   The experience must have been obtained during the 5 years immediately preceding the day the application is made.

         (3)   To demonstrate that experience, the applicant must, in or with the application, provide the Greenhouse and Energy Data Officer with appropriate evidence.

Note   The Auditor Registration Instrument sets out the ways in which the requirements of this regulation may be met.

         (4)   Also, the applicant must submit with the application at least 2 written references from eligible referees confirming the applicant’s competency in auditing and preparing audit reports.

6.20        Auditing experience required for applicants for Category 2 registration

         (1)   If the applicant applies for registration as a Category 2 auditor, the applicant must demonstrate that he or she has at least the appropriate kind, and the appropriate period, of experience of auditing and preparing audit reports.

Note   The Auditor Registration Instrument sets out the ways in which the requirements of this subregulation may be met.

         (2)   The applicant must have had at least the appropriate kind, and the appropriate period, of experience of audit team leadership.

Note   The Auditor Registration Instrument sets out the ways in which the requirements of this subregulation may be met.

         (3)   The experience of auditing and preparing audit reports and of audit team leadership must have been obtained during the 5 years immediately preceding the day the application is made.

         (4)   To demonstrate the experience mentioned in subregulation (3), the applicant must, in or with the application, provide the Greenhouse and Energy Data Officer with appropriate evidence.

         (5)   Also, the applicant must submit with the application at least 2 written references from eligible referees confirming the applicant’s competency in:

                (a)    auditing and preparing audit reports; and

               (b)    audit team leadership.

6.21        Auditing experience required for applicants for Category 3 registration

         (1)   If the applicant applies for registration as a Category 3 auditor, the applicant must demonstrate that he or she has:

                (a)    at least the appropriate kind, and the appropriate period, of experience of auditing and preparing audit reports; and

               (b)    experience as an audit team member or an audit team leader in at least 2 greenhouse and energy audits.

Note   The Auditor Registration Instrument sets out the ways in which the requirements of paragraph (a) may be met.

         (2)   The applicant must have had at least the appropriate kind, and the appropriate period, of experience of audit team leadership.

Note   The Auditor Registration Instrument sets out the ways in which the requirements of this subregulation may be met.

         (3)   The experience mentioned in subregulations (1) and (2) must have been obtained during the 5 years immediately preceding the day the application is made.

         (4)   To demonstrate the experience mentioned in subregulations (1) and (2), the applicant must, in or with the application, provide the Greenhouse and Energy Data Officer with appropriate evidence.

         (5)   Also, the applicant must submit with the application at least 2 written references from eligible referees confirming the applicant’s competency in:

                (a)    auditing and preparing audit reports; and

               (b)    audit team leadership.

Division 6.5           Registration of greenhouse and energy auditors

Subdivision 6.5.1        Overview

6.22        Overview of Division

         (1)   This Division deals with matters relating to the registration of registered greenhouse and energy auditors.

         (2)   The matters relate to the following:

                (a)    obtaining registration — see Subdivision 6.5.2;

               (b)    reviewing registration — see Subdivision 6.5.3;

                (c)    suspension of registration — see Subdivision 6.5.4;

               (d)    deregistration — see Subdivision 6.5.5;

                (e)    inspections — see Subdivision 6.5.6.

         (3)   This Division is made for the purposes of paragraphs 75A (5) (c) and (f) to (i) of the Act.

Subdivision 6.5.2        Obtaining registration

6.23        Form and content of applications for registration

         (1)   Subject to subregulations (2) and (4), an application for registration must be in the form approved by the Greenhouse and Energy Data Officer.

         (2)   An application must include the following information in relation to the applicant:

                (a)    name;

               (b)    category of registration for which the applicant has applied and, if the applicant has applied for registration as a Category 1 auditor, the type of Category 1 auditor applied for;

                (c)    contact details — telephone number, email address and postal address;

               (d)    name of employer or, if the individual is self-employed through a company, name of the company;

                (e)    work address;

                (f)    occupation;

               (g)    identified industry specialisation (if applicable);

               (h)    a statement about how the applicant meets each relevant requirement in Division 6.4.

Note for paragraph (b)   Subregulation 6.09 (2) provides for ‘NGER technical’, ‘CFI technical’ and ‘non-technical’ as types of Category 1 auditor.

         (3)   The application must be accompanied by:

                (a)    evidence supporting each statement mentioned in paragraph (2) (h); and

               (b)    a declaration signed by the applicant to the effect that the information contained in the application is true and correct; and

                (c)    an undertaking signed by the applicant to abide by the Code of Conduct as a greenhouse and energy auditor.

Note   The applicant is required to submit written references with the application under:

·      subregulation 6.19 (4) (for Category 1 applicants)

·      subregulation 6.20 (5) (for Category 2 applicants)

·      subregulation 6.21 (5) (for Category 3 applicants).

         (4)   If, at the time of application, an applicant for registration as a Category 3 auditor is registered as a Category 2 auditor, the application must include, or be accompanied by, the information and documents required by the form for this subregulation.

6.24        Incomplete applications

         (1)   If an application does not comply with this Subdivision, the Greenhouse and Energy Data Officer must give the applicant a notice in writing stating:

                (a)    that the application is incomplete; and

               (b)    the matters that must be dealt with by the applicant to complete the application.

         (2)   If the matters have not been dealt with within 3 months of the notice being given, the application is taken to have lapsed.

Note   Section 75A of the Act deals with when the Greenhouse and Energy Data Officer must register an application or refuse to register an application.

6.25        Decisions on applications

         (1)   For this regulation, an application is a compliant application if:

                (a)    the applicant complies with the requirements of Division 6.4; and

               (b)    the application complies with the requirements of this Subdivision.

         (2)   If an application is a compliant application, the Greenhouse and Energy Data Officer must decide whether or not to register the applicant:

                (a)    in the category of auditor applied for; and

               (b)    in the case of an application for registration as a Category 1 auditor, as the type of auditor applied for.

         (3)   After receiving a compliant application, the Greenhouse and Energy Data Officer must:

                (a)    make the decision; and

               (b)    if the application is successful:

                          (i)    register the successful applicant as a Category 1 auditor (NGER technical, CFI technical or non-technical), or as a Category 2 or 3 auditor, in accordance with the application; and

                         (ii)    subject to subsection (5), allocate a registration number to the applicant; and

                (c)    give notice to the applicant of the decision.

         (4)   The notice must be in writing and must set out:

                (a)    if the application is successful — the applicant’s registration number; and

               (b)    if the application is unsuccessful — the reasons for the decision to refuse registration.

         (5)   If an applicant is already registered as a greenhouse and energy auditor, the Greenhouse and Energy Data Officer:

                (a)    is not required to allocate a new registration number to the applicant; or

               (b)    may cancel the registration number previously allocated to the applicant and allocate a new registration number to the applicant.

Subdivision 6.5.3        Reviewing registration

6.26        Review of registration

         (1)   The Greenhouse and Energy Data Officer may, at any time after registration, review the registration of a registered greenhouse and energy auditor.

Note   A review could involve requests for information and documents. The registration of any auditor may be reviewed.

         (2)   If the Greenhouse and Energy Data Officer intends to review the registration of a registered greenhouse and energy auditor, the Greenhouse and Energy Data Officer must give written notice of that intention to the auditor.

         (3)   The notice must indicate:

                (a)    the scope of the review; and

               (b)    the information (if any) and the documents (if any) to be provided by the auditor for the review.

         (4)   The Greenhouse and Energy Data Officer may include a requirement in the notice for the auditor to respond to the notice within the period specified in the notice.

         (5)   The period specified in the notice must be not less than 21 days from the day the notice is given.

6.27        Registered greenhouse and energy auditor to provide reasonable facilities and assistance for review

                On receiving the notice, the auditor must provide all reasonable facilities and assistance to the Greenhouse and Energy Data Officer for an effective review.

Subdivision 6.5.4        Suspension of registration

6.28        Overview

                The registration of a registered greenhouse and energy auditor may be suspended by the Greenhouse and Energy Data Officer:

                (a)    under subregulation 6.30 (1); or

               (b)    if requested by the auditor — under regulation 6.31.

6.29        Greenhouse and Energy Data Officer may give notice of intention to suspend registration

         (1)   The Greenhouse and Energy Data Officer may suspend the registration of a registered greenhouse and energy auditor under regulation 6.30 if the auditor has:

                (a)    ceased to hold a qualification required under regulation 6.11; or

               (b)    failed to properly participate in a review under Subdivision 6.5.3 or an inspection under Subdivision 6.5.6; or

                (c)    contravened a requirement under Division 6.6 for maintaining registration; or

               (d)    failed to conduct a greenhouse and energy audit or a CFI audit in accordance with the requirements of the Audit Determination or these Regulations.

         (2)   Before suspending the registration of the auditor, the Greenhouse and Energy Data Officer must give written notice to the auditor of the Greenhouse and Energy Data Officer’s intention to suspend the registration.

         (3)   The notice must include the following:

                (a)    the reason for the proposed suspension;

               (b)    the proposed period of suspension;

                (c)    a requirement for the auditor to respond to the notice within the period specified in the notice;

               (d)    if the Greenhouse and Energy Data Officer considers that there is action the auditor may take to avoid the suspension — the action that may be taken and the period within which it must be taken;

                (e)    the terms of regulation 6.30.

         (4)   The period specified in the notice for paragraph (3) (d) must start not less than 14 days from the day the notice is given and end no less than 60 days from the day the notice is given.

6.30        Action on Greenhouse and Energy Data Officer’s notice

         (1)   If:

                (a)    the auditor receives a notice under subregulation 6.29 (2); and

               (b)    the auditor does not respond before the end of the period specified in the notice under paragraph 6.29 (3) (c) (the response period);

the Greenhouse and Energy Data Officer must, as soon as practicable after the response period, suspend the auditor’s registration for the period mentioned in the notice.

         (2)   If:

                (a)    the auditor receives a notice under subregulation 6.29 (2); and

               (b)    before the end of the response period, the auditor responds indicating that he or she accepts the suspension;

the Greenhouse and Energy Data Officer must, as soon as practicable after receiving that response, suspend the auditor’s registration for the period mentioned in the notice.

         (3)   If:

                (a)    the notice contains actions that the Greenhouse and Energy Data Officer considers the auditor may take to avoid suspension; and

               (b)    before the end of the response period, the auditor responds but does not within the period specified in the notice under paragraph 6.29 (3) (d) (the action period) take the action specified in the notice; and

                (c)    the response does not indicate that he or she accepts the suspension;

then the Greenhouse and Energy Data Officer must, as soon as practicable after the action period:

               (d)    consider the response in making a decision on whether or not to suspend the auditor’s registration; and

                (e)    if the Greenhouse and Energy Data Officer considers it appropriate, suspend the auditor’s registration for the period mentioned in the notice.

         (4)   If, before the end of the action period, the auditor takes the action specified in the notice to be taken by the auditor, the Greenhouse and Energy Data Officer must take no further action on the notice.

6.31        Registered greenhouse and energy auditor may request suspension

         (1)   A registered greenhouse and energy auditor may apply to the Greenhouse and Energy Data Officer requesting suspension of his or her registration for a period specified in the application.

Note   A suspension could be requested because of an anticipated absence from duty for an extended period such as overseas travel, medical treatment or family needs.

         (2)   The application must include the following information in relation to the auditor:

                (a)    name and registration number;

               (b)    work contact details, including address, telephone number and email address;

                (c)    proposed commencement date of the suspension and the period of suspension.

         (3)   The proposed period of suspension must not be less than 3 months nor exceed 12 months.

         (4)   If the Greenhouse and Energy Data Officer:

                (a)    receives the application under subregulation (1); and

               (b)    considers that suspension of registration under this regulation would not cause significant inconvenience (for example, because an audit is underway);

the Greenhouse and Energy Data Officer may suspend the registration on a date and for a period specified in a notice to the applicant.

6.32        Duration and effect of suspension

         (1)   For a suspension under regulation 6.30, unless a shorter period is provided for under paragraph 6.29 (3) (b), the suspension operates for a period of 6 months.

         (2)   The registration of the auditor is not in force during the period of the suspension.

Subdivision 6.5.5        Deregistration

6.33        Overview

                A registered greenhouse and energy auditor may be deregistered by the Greenhouse and Energy Data Officer:

                (a)    under regulation 6.35 or regulation 6.36; or

               (b)    if requested by the auditor — under regulation 6.37.

6.34        Greenhouse and Energy Data Officer may give notice of intention to deregister

         (1)   The Greenhouse and Energy Data Officer may deregister a registered greenhouse and energy auditor under regulation 6.35 if the auditor has:

                (a)    subject to subregulation (2), ceased to hold a qualification required under regulation 6.11; or

               (b)    failed to properly participate in a review under Subdivision 6.5.3 or an inspection under Subdivision 6.5.6; or

                (c)    subject to subregulation (2), contravened a requirement under Division 6.6 for maintaining registration; or

               (d)    failed to conduct a greenhouse and energy audit or a CFI audit in accordance with the requirements of the Audit Determination or these Regulations.

         (2)   If a registered greenhouse and energy auditor has:

                (a)    ceased to hold a qualification required under regulation 6.11; or

               (b)    contravened a requirement under Division 6.6 for maintaining registration (other than the requirement in regulation 6.64 to not cease to be a fit and proper person);

the Greenhouse and Energy Data Officer may deregister the auditor only if the auditor’s registration has previously been suspended under regulation 6.30.

         (3)   Before deregistering the auditor, the Greenhouse and Energy Data Officer must give written notice to the auditor of the Greenhouse and Energy Data Officer’s intention to deregister the auditor.

         (4)   The notice must include the following:

                (a)    the reason for the proposed deregistration;

               (b)    a requirement for the auditor to respond to the notice within the period specified in the notice;

                (c)    the terms of regulation 6.35.

6.35        Action on Greenhouse and Energy Data Officer’s notice

         (1)   If:

                (a)    the registered greenhouse and energy auditor receives a notice under regulation 6.34; and

               (b)    the auditor does not respond before the end of the period specified in the notice under paragraph 6.34 (4) (b) (the response period);

the Greenhouse and Energy Data Officer must, as soon as practicable after the response period, deregister the auditor.

         (2)   If, before the end of the response period, the auditor responds indicating that he or she accepts the deregistration, the Greenhouse and Energy Data Officer must, as soon as practicable after receiving that response, deregister the auditor.

6.36        Deceased registered greenhouse and energy auditor must be deregistered

                The Greenhouse and Energy Data Officer must deregister a registered greenhouse and energy auditor if the Greenhouse and Energy Data Officer becomes aware that the auditor is deceased.

6.37        Registered greenhouse and energy auditor may request deregistration

         (1)   A registered greenhouse and energy auditor may apply to the Greenhouse and Energy Data Officer requesting deregistration.

Note   Deregistration could be requested because of an anticipated retirement or career change.

         (2)   The application must include the following information in relation to the auditor:

                (a)    name and registration number;

               (b)    work contact details, including address, telephone number and email address;

                (c)    proposed commencement date of deregistration.

         (3)   If the Greenhouse and Energy Data Officer considers that deregistration under this regulation would not cause significant inconvenience (for example, because an audit is underway), the Officer may deregister the auditor.

Subdivision 6.5.6        Inspections

6.38        Overview of Subdivision

         (1)   This Subdivision provides for the inspection of the performance of a registered greenhouse and energy auditor in carrying out greenhouse and energy audits or CFI audits.

Note   An inspection involves a physical visit by the Greenhouse and Energy Data Officer or by a person appointed under regulation 6.40. Any registered greenhouse and energy auditor may be inspected.

         (2)   The purposes of inspections are:

                (a)    to review the decision-making processes the auditor uses in carrying out greenhouse and energy audits or CFI audits in order to determine whether the auditor’s professional judgment is being exercised appropriately; and

               (b)    to ensure that the auditor is complying with the requirements of the Audit Determination and these Regulations in carrying out greenhouse and energy audits or CFI audits.

         (3)   This Subdivision is made for the purposes of paragraph 75A (5) (i) of the Act.

6.39        When inspections may be undertaken

         (1)   The inspection may be conducted during or after the completion of a greenhouse and energy audit or CFI audit.

         (2)   The inspection may be conducted up to 5 years after the completion of the audit.

6.40        Who may undertake or assist in an inspection

         (1)   The Greenhouse and Energy Data Officer may undertake the inspection or appoint any of the following persons to undertake an inspection:

                (a)    a member of staff under section 52 of the Act;

               (b)    another registered greenhouse and energy auditor;

                (c)    a person, other than a registered greenhouse and energy auditor, who the Greenhouse and Energy Data Officer is satisfied has the knowledge, skills and experience equivalent to a registered greenhouse and energy auditor.

         (2)   The Greenhouse and Energy Data Officer may appoint a person mentioned in subregulation (1) to assist with an inspection.

6.41        Notice of inspection

         (1)   The Greenhouse and Energy Data Officer must give a written notice to a registered greenhouse and energy auditor of the Greenhouse and Energy Data Officer’s intention to inspect the auditor’s performance in carrying out greenhouse and energy audits or CFI audits.

         (2)   The notice must specify:

                (a)    the reason for the inspection; and

               (b)    the scope of the inspection; and

                (c)    subject to subregulation (3), the day and time when the inspection will begin; and

               (d)    who will be undertaking the inspection; and

                (e)    any requirements mentioned in subregulation (4).

         (3)   Unless an earlier time has been agreed between the auditor and the Greenhouse and Energy Data Officer:

                (a)    the day must be not less than 28 days after the auditor is given the notice; and

               (b)    the time, having regard to all the circumstances, must be reasonable.

         (4)   The Greenhouse and Energy Data Officer may include a requirement in the notice for the auditor to respond to the notice within the period specified in the notice.

         (5)   The period specified in the notice must be not less than 21 days from the day the notice is given.

6.42        Inspector to act independently

         (1)   A person undertaking an inspection under this Subdivision (the inspector) must act independently in relation to a registered greenhouse and energy auditor (the auditor) whose performance is being inspected under this Subdivision.

         (2)   An inspector does not act independently at a particular time if, because of circumstances that exist at that time:

                (a)    the inspector is not capable of exercising objective and impartial judgment in relation to the conduct of the inspection; or

               (b)    a reasonable person, with full knowledge of all relevant facts and circumstances, would conclude that the inspector is not capable of exercising objective and impartial judgment in relation to the conduct of the inspection.

         (3)   A person seeking to determine whether an inspector is capable of exercising objective and impartial judgment in relation to the conduct of the inspection must have regard to circumstances arising from any relationship that exists, has existed, or is likely to exist, between the inspector and the auditor.

         (4)   Subregulation (3) does not limit subregulation (2).

6.43        Inspection of audit documents

                For inspecting the performance of a registered greenhouse and energy auditor in carrying out a greenhouse and energy audit or a CFI audit, the person undertaking the inspection may inspect documents in the possession of the auditor which support decisions made by the auditor for the audit.

6.44        Auditor to provide reasonable facilities and assistance for inspection

                A registered greenhouse and energy auditor who receives a notice under this Subdivision must provide all reasonable facilities and assistance to the person undertaking the inspection for an effective inspection.

Division 6.6           Requirements to be met to maintain registration

Subdivision 6.6.1        Overview

6.45        Overview of Division

         (1)   This Division provides for the requirements that a registered greenhouse and energy auditor must meet in order to maintain registration.

         (2)   The requirements relate to the following:

                (a)    compliance with the Code of Conduct — see Subdivision 6.6.2;

               (b)    independence — see Subdivisions 6.6.3, 6.6.4 and 6.6.5;

                (c)    insurance — see Subdivision 6.6.6;

               (d)    conditions imposed by the Greenhouse and Energy Data Officer — see Subdivision 6.6.7;

                (e)    other requirements, such as being a fit and proper person — see Subdivision 6.6.8.

         (3)   This Division is made for the purposes of paragraph 75A (5) (e) of the Act.

Subdivision 6.6.2        Compliance with Code of Conduct

6.46        Code of Conduct

         (1)   A registered greenhouse and energy auditor must abide by the principles set out in:

                (a)    subregulations (2) to (7) — while preparing for, carrying out, or assisting in carrying out, a greenhouse and energy audit or a CFI audit and in preparing audit reports; and

               (b)    subregulations (8) and (9) — when the auditor is engaged in marketing or self-promotion as a registered greenhouse and energy auditor; and

                (c)    subregulation (10) — in relation to other audit team members if the auditor is an audit team leader; and

               (d)    subregulation (11) — in other situations not specifically mentioned above.

Compliance with the law

         (2)   The auditor must comply with laws and regulations applicable to registered greenhouse and energy auditors and the conduct of greenhouse and energy audits or CFI audits.

Integrity

         (3)   The auditor must behave with integrity and in particular:

                (a)    must be straightforward and honest in professional and business relationships relating to the carrying out of the audit and deal fairly with persons involved in the audit; and

               (b)    must not allow his or her name to be associated with reports, returns, communications or other information relating to the carrying out of the audit (audit material) if he or she believes that the audit material:

                          (i)    contains a materially false or misleading statement; or

                         (ii)    contains statements that have been furnished recklessly; or

                        (iii)    omits or obscures information required to be included where the omission or obscurity would be misleading.

Objectivity

         (4)   The auditor must behave with objectivity and in particular:

                (a)    must not compromise his or her professional judgment because of bias, conflict of interest or the undue influence of others that may arise during the audit; and

               (b)    must avoid relationships that bias or unduly influence his or her professional judgment in relation to the audit.

         (5)   The auditor must not accept gifts given by the audited body or someone associated with the audited body.

         (6)   A reference in subregulation (5) to the auditor accepting gifts:

                (a)    includes a member of the auditor’s immediate family accepting gifts and hospitality; and

               (b)    includes the auditor accepting hospitality.

Professional competence and due care

         (7)   The auditor must behave with professional competence and due care and in particular:

                (a)    must act in accordance with the requirements of the Audit Determination; and

               (b)    must act carefully, thoroughly and on a timely basis; and

                (c)    must make the audited body aware of limitations inherent in the audit; and

               (d)    must maintain sufficient professional knowledge and skill to ensure that he or she is able to carry out the audit; and

                (e)    if the auditor is the audit team leader — must ensure that the other team members have appropriate training and supervision.

Marketing and promotion

         (8)   In marketing or self-promotion as a registered greenhouse and energy auditor, the auditor must be honest and truthful and must not:

                (a)    make exaggerated claims about:

                          (i)    the audit services he or she provides; or

                         (ii)    his or her qualifications; or

                        (iii)    his or her experience gained as an auditor; or

               (b)    make disparaging references or unsubstantiated comparisons to the work of other registered greenhouse and energy auditors or members of an audit team who are not registered greenhouse and energy auditors.

         (9)   The auditor must not attempt to sell other services to the audited body to avoid impairing the independence of the auditor’s ability to provide audit services under these Regulations.

Obligation on audit team leaders

       (10)   If the auditor is an audit team leader, he or she must ensure that the other audit team members comply with the Code of Conduct when assisting in carrying out the audit.

Professional behaviour

       (11)   The auditor must avoid any action that may bring discredit to the auditor or greenhouse and energy auditors generally.

Subdivision 6.6.3        General independence requirements

6.47        Conflict of interest situation

         (1)   An audit team leader must not breach a requirement of this regulation in relation to an audited body for a greenhouse and energy audit or a CFI audit.

Note   Regulation 6.71 empowers the Greenhouse and Energy Data Officer to grant exemptions from the general independence requirements.

Must take steps to resolve conflict of interest situation or apply for exemption from requirements

         (2)   If:

                (a)    the audit team leader engages in audit activity in relation to the audited body at a particular time; and

               (b)    a conflict of interest situation exists in relation to the audited body at that time; and

                (c)    at that time the audit team leader is aware that the conflict of interest situation exists;

the audit team leader must, as soon as possible after he or she becomes aware that the conflict of interest situation exists, take all reasonable steps to ensure that the conflict of interest situation ceases to exist.

Note   For conflict of interest situation see regulation 6.49.

Requirement if conflict of interest situation relates to the audit team leader

         (3)   If:

                (a)    the audit team leader is carrying out the audit; and

               (b)    a conflict of interest situation exists in relation to the audited body while the audit team leader is the audit team leader for the audit; and

                (c)    the conflict of interest situation exists in relation to the audit team leader; and

               (d)    on a particular day (the start day) the audit team leader becomes aware that the conflict of interest situation exists; and

                (e)    at the end of the period of 21 days from the start day the conflict of interest situation remains in existence;

then the audit team leader must cease to be the audit team leader within 7 days after the end of that period and notify the Greenhouse and Energy Data Officer and the audited body in writing accordingly.

Requirement if conflict of interest situation relates to other professional member of the audit team

         (4)   If:

                (a)    the audit team leader is carrying out the audit; and

               (b)    a conflict of interest situation exists in relation to the audited body while the audit team leader is the audit team leader for the audit; and

                (c)    the conflict of interest situation exists in relation to a professional member of the audit team (other than the audit team leader); and

               (d)    on a particular day (the start day) the audit team leader becomes aware that the conflict of interest situation exists;

then, before the end of the period of 21 days after the start day, the audit team leader must apply under regulation 6.71 for an exemption from the requirements of this regulation for the conflict of interest situation.

Copy of application for exemption must be given to audited body

         (5)   If the audit team leader applies for the exemption as required by subregulation (4), the audit team leader must, as soon as practicable after the notice has been received by the Greenhouse and Energy Data Officer, give a copy of the application to the audited body.

Audit team member must cease to be audit team member if no exemption applied for

         (6)   If the audit team leader does not apply for the exemption as required by subregulation (4), the audit team leader must ensure that the audit team member in the conflict of interest situation ceases to be an audit team member in relation to the audit at the end of the period of 21 days mentioned in that subregulation.

Audit team member must cease to be audit team member if no exemption granted

         (7)   If:

                (a)    the audit team leader applies for the exemption as required by subregulation (4); and

               (b)    the Greenhouse and Energy Data Officer refuses to grant the exemption in relation to the audit team member in the conflict of interest situation;

then the audit team leader must ensure that the audit team member ceases to be an audit team member in relation to the audit at the end of the period of 7 days after the Greenhouse and Energy Data Officer refuses the exemption.

Quality control system

         (8)   The audit team leader breaches the requirements of this subregulation if:

                (a)    the audit team leader engages in audit activity in relation to the audited body at a particular time; and

               (b)    a conflict of interest situation exists in relation to the audited body at that time; and

                (c)    at that time the audit team leader is not aware that the conflict of interest situation exists; and

               (d)    the audit team leader would have been aware of the existence of the conflict of interest situation at that time if the audit team leader had had in place a quality control system reasonably capable of making the audit team leader aware of the existence of such a conflict of interest situation.

6.48        Meaning of engages in audit activity

                An audit team leader engages in audit activity in relation to the greenhouse and energy audit or the CFI audit if the audit team leader:

                (a)    accepts the position of audit team leader for the audit; or

               (b)    prepares for the audit; or

                (c)    carries out the audit; or

               (d)    prepares the audit report.

6.49        Meaning of conflict of interest situation

         (1)   A conflict of interest situation exists in relation to an audited body at a particular time if, because of circumstances that exist at that time:

                (a)    the audit team leader, or a professional member of the audit team, is not capable of exercising objective and impartial judgment in relation to the conduct of the greenhouse and energy audit or the CFI audit; or

               (b)    a reasonable person, with full knowledge of all relevant facts and circumstances, would conclude that the audit team leader, or a professional member of the audit team, is not capable of exercising objective and impartial judgment in relation to the conduct of the audit.

         (2)   A person seeking to determine whether a conflict of interest situation exists must have regard to circumstances arising from any relationship that exists, has existed, or is likely to exist, between the audit team leader or professional member of the audit team and the audited body.

         (3)   Subregulation (2) does not limit subregulation (1).

6.50        Meaning of professional members of the audit team

                If an audit team leader carries out a greenhouse and energy audit or a CFI audit, the professional members of the audit team are:

                (a)    any registered greenhouse and energy auditor who assists in the carrying out of the audit; and

               (b)    any other person who assists in the carrying out of the audit and, in the course of doing so, exercises professional judgment in relation to the application of, or compliance with, the Audit Determination and these Regulations; and

                (c)    any other person who is in a position to directly influence the outcome of the audit because of the role they play in the design, planning, management, supervision or oversight of the audit; and

               (d)    any person who provides, or takes part in providing, quality control for the audit.

Subdivision 6.6.4        Independence requirements in specific audit situations

6.51        Audit team leader to comply with requirements of this Subdivision

                An audit team leader must not breach a requirement of this Subdivision in relation to an audited body for a greenhouse and energy audit or a CFI audit.

6.52        Audit team leader not to engage in audit activity during occurrence of certain circumstances

         (1)   This regulation applies in the following circumstances:

                (a)    the audit team leader engages in audit activity in relation to the audited body at a particular time;

               (b)    an item of the table in subregulation 6.56 (2) applies at that time to a person or entity covered by regulation 6.55;

                (c)    the audit team leader becomes aware of the circumstance referred to in paragraph (b).

         (2)   The audit team leader must, as soon as possible after becoming aware of the circumstances, take all reasonable steps to ensure that the audit team leader does not continue to engage in the audit activity in those circumstances.

6.53        Audit team leader must cease to be leader

         (1)   This regulation applies if:

                (a)    an audit team leader is carrying out a greenhouse and energy audit or a CFI audit; and

               (b)    a relevant item of the table in subregulation 6.56 (2) applies to the person or entity covered by items 1, 2, 4, 6 or 7 of the table in regulation 6.55 while the audit team leader is carrying out the audit as audit team leader; and

                (c)    on a particular day (the start day), the audit team leader becomes aware of the circumstances referred to in paragraph (b); and

               (d)    at the end of the period of 21 days from the start day those circumstances remain in existence.

         (2)   The audit team leader must, within 7 days after the end of the 21 day period, cease to be the audit team leader and notify the Greenhouse and Energy Data Officer and the audited body in writing accordingly.

6.54        Audit team leader must seek exemption etc for team member

         (1)   This subregulation applies if:

                (a)    the audit team leader is carrying out a greenhouse and energy audit or a CFI audit; and

               (b)    a relevant item of the table in subregulation 6.56 (2) applies to a person covered by item 3 or 5 of the table in regulation 6.55 while the audit team leader is carrying out the audit as audit team leader; and

                (c)    on a particular day (the start day), the audit team leader becomes aware of the circumstances referred to in paragraph (b).

         (2)   The audit team leader must, before the end of the period of 21 days after the start day, apply under regulation 6.71 for an exemption from the requirements of this Subdivision for the circumstances.

         (3)   If the audit team leader applies for an exemption, the audit team leader must, as soon as practicable after the notice has been received, give a copy of the application to the audited body.

         (4)   If the audit team leader has not applied for the exemption as required by subregulation (2), the audit team leader must ensure that the audit team member concerned in the circumstances ceases to be an audit team member in relation to the audit at the end of the period of 21 days mentioned in that subregulation.

         (5)   If:

                (a)    the audit team leader has applied for the exemption as required by subregulation (2); and

               (b)    the Greenhouse and Energy Data Officer refuses to grant the exemption in relation to the audit team member in the circumstances;

then the audit team leader must ensure that the audit team member ceases to be an audit team member in relation to the audit at the end of the period of 7 days after the Greenhouse and Energy Data Officer refuses the exemption.

6.55        Relevant items for persons and entities

                The following table sets out:

                (a)    the persons and entities covered by this regulation in relation to audit activity engaged in by an audit team leader; and

               (b)    the items of the table in subregulation 6.56 (2) that are the relevant items for each of those persons and entities:

Item

For this person or entity ...

the relevant items of the table in subregulation 6.56 (2) are ...

1

the audit team leader

1 to 16

2

a service company or trust acting for, or on behalf of, the audit team leader, or another entity performing a similar function

1 to 16

3

a professional member of the audit team carrying out the audit

1 to 16

4

an immediate family member of audit team leader of the audit team carrying out the audit

1 to 16

5

an immediate family member of a professional member of the audit team carrying out the audit

1 to 9

 

6

an entity that the audit team leader (or a service company or trust acting for, or on behalf of, the individual auditor, or another entity performing a similar function) controls

6, 8 to 16

7

a body corporate in which the audit team leader (or a service company or trust acting for, or on behalf of, the individual auditor, or another entity performing a similar function) has a substantial holding

6, 8 to 16

6.56        Relevant relationships

         (1)   An expression in this regulation or regulation 6.57 that is also used in section 324CH of the Corporations Act 2001 has the same meaning as the term has when used in that section.

         (2)   The following table lists the relationships between:

                (a)    a person; and

               (b)    the audited body for a greenhouse and energy audit or a CFI audit;

that are relevant for the purposes of regulations 6.52, 6.53 and 6.54:

Item

This item applies to a person at a particular time if at that time the person ...

1

is an officer of the audited body

2

is a partner of an officer of the audited body

3

is an employer of an officer of the audited body

4

is an employee of an officer of the audited body

5

is a partner or employee of an employee of an officer of the audited body

6

provides remuneration to an officer of the audited body

7

was an officer of the audited body at any time during:

   (a)   the period to which the audit relates; or

   (b)   the 12 months immediately preceding the beginning of the period to which the audit relates; or

    (c)   the period during which the audit is being conducted or the audit report is being prepared

8

has an asset that is an investment in the audited body

9

has an asset that is a beneficial interest in an investment in the audited body and has control over that asset

10

has an asset that is a beneficial interest in an investment in the audited body that is a material interest

11

has an asset that is a material investment in an entity that has a controlling interest in the audited body

12

has an asset that is a material beneficial interest in an investment in an entity that has a controlling interest in the audited body

13

owes an amount to:

   (a)   the audited body; or

   (b)   a related body corporate; or

    (c)   an entity that the audited body controls;

unless the debt is disregarded under subregulation 6.57 (1), (2) or (3)

14

is owed an amount by:

   (a)   the audited body; or

   (b)   a related body corporate; or

    (c)   an entity that the audited body controls;

under a loan that is not disregarded under subregulation 6.57 (4) or (5)

15

is liable under a guarantee of a loan made to:

   (a)   the audited body; or

   (b)   a related body corporate; or

    (c)   an entity that the audited body controls

16

is entitled to the benefit of a guarantee given by:

   (a)   the audited body; or

   (b)   a related body corporate; or

    (c)   an entity that the audited body controls;

in relation to a loan unless the guarantee is disregarded under subregulation 6.57 (6)

6.57        Exceptions to relevant relationships

Housing loan exception

         (1)   For the purposes of item 13 of the table in subregulation 6.56 (2), disregard a debt owed by an individual to a body corporate or entity if:

                (a)    the body corporate or entity is:

                          (i)    an Australian ADI; or

                         (ii)    a body corporate registered under the Life Insurance Act 1995; and

               (b)    the debt arose because of a loan that the body corporate or entity made to the person in the ordinary course of its ordinary business; and

                (c)    the person used the amount of the loan to pay the whole or part of the purchase price of premises that the person uses as their principal place of residence.

Note   Subregulation 6.56 (1) provides that an expression used in this regulation that is also used in section 324CH of the Corporations Act 2001 has the same meaning as the term has when used in that section

Goods and services exception

         (2)   For the purposes of item 13 of the table in subregulation 6.56 (2), disregard a debt owed by a person or firm to a body corporate or entity if:

                (a)    the debt arises from the acquisition of goods or services from:

                          (i)    the audited body; or

                         (ii)    an entity that the audited body controls; or

                        (iii)    a related body corporate; and

               (b)    the acquisition of goods and services was on the terms and conditions that would normally apply to goods or services acquired from the body, entity or related body corporate; and

                (c)    the debt is owed on the terms and conditions that would normally apply to a debt owing to the body, entity or related body corporate; and

               (d)    the goods or services will be used by the person or firm:

                          (i)    for the personal use of the person or firm; or

                         (ii)    in the ordinary course of business of the person or firm.

Ordinary commercial loan exception

         (3)   For the purposes of item 13 of the table in subregulation 6.56 (2), disregard a debt owed under a loan that:

                (a)    is made or given in the ordinary course of business of:

                          (i)    the audited body; or

                         (ii)    the related body corporate; or

                        (iii)    the controlled entity; and

               (b)    is made or given on the terms and conditions that would normally apply to a loan made or given by the audited body, the related body corporate or the controlled entity.

Loans by immediate family members in ordinary business dealing with client

         (4)   For the purposes of item 14 of the table in subregulation 6.56 (2), disregard a debt owed to a person by a body corporate or entity if:

                (a)    the item applies to the person because the person is an immediate family member of:

                          (i)    a professional member of the audit team conducting the audit of the audited body; or

                         (ii)    a non‑audit services provider; and

               (b)    the debt is incurred in the ordinary course of business of the body corporate or entity.

         (5)   For the purposes of item 14 in the table in subregulation 6.56 (2), disregard an amount owed under a loan to a person or firm by the audited body, a related body corporate or an entity that the audited body controls if:

                (a)    the body, body corporate or entity is an Australian ADI; and

               (b)    the amount is deposited in a basic deposit product (within the meaning of section 761A of the Corporations Act 2001) provided by the body, body corporate or entity; and

                (c)    the amount was deposited, in the ordinary course of business of the audited body, body corporate or entity, on the terms and conditions that would normally apply to a basic deposit product provided by the body, body corporate or entity.

Ordinary commercial guarantee exception

         (6)   For the purposes of item 16 of the table in subregulation 6.56 (2), disregard any guarantee that:

                (a)    is made or given in the ordinary course of the business of:

                          (i)    the audited body; or

                         (ii)    the related body corporate; or

                        (iii)    the controlled entity; and

               (b)    is made or given on the terms and conditions that would normally apply to a guarantee made or given by the audited body, the related body corporate or the controlled entity.

Subdivision 6.6.5        Other independence requirements

6.58        Audit team leader disqualified after working with audited body in certain cases

                A registered greenhouse and energy auditor must not be the audit team leader for a greenhouse and energy audit or a CFI audit at a particular time if, within 2 years prior to that time, the auditor has worked with the audited body:

                (a)    to develop monitoring methodologies for greenhouse gas emissions or energy for the audited body; or

               (b)    undertaking appraisals of greenhouse gas liabilities or assets of the audited body; or

                (c)    to provide technical assistance to the audited body to develop monitoring methodologies for greenhouse gas emissions or energy for the audited body; or

               (d)    to develop or appraise a project under the CFI Act.

6.59        Audit team leader rotation requirement

         (1)   An audit team leader must comply with the following requirements in relation to a particular audited body unless the audit team leader has been exempted from the requirements of this regulation under regulation 6.71 in respect of the audited body.

         (2)   The audit team leader must not carry out a greenhouse and energy audit or a CFI audit in relation to the audited body as the audit team leader for more than 5 consecutive greenhouse and energy audits or CFI audits carried out in relation to the audited body.

         (3)   Between each set of 5 consecutive greenhouse and energy audits, there must be at least 2 successive greenhouse and energy audits carried out in relation to the audited body for which the audit team leader was not the audit team leader.

      (3A)   Between each set of 5 consecutive CFI audits, there must be at least 2 successive CFI audits carried out in relation to the audited body for which the audit team leader was not the audit team leader.

         (4)   The audit team leader must ensure that the professional members of the audit team are eligible to participate in the audit.

         (5)   The audit team leader may apply under regulation 6.71 for the exemption referred to in subregulation (1).

Subdivision 6.6.6        Insurance

6.60        Registered greenhouse and energy auditor must have insurance

         (1)   The audit team leader in relation to a greenhouse and energy audit or a CFI audit must have indemnity insurance that complies with the requirements of this regulation while preparing for and undertaking the audit and in preparing the report on the audit.

         (2)   The audit team leader must:

                (a)    if the audit team leader is a sole practitioner — maintain an insurance policy which has an insured amount of at least $250,000 for each claim, and for all claims in the aggregate, made under the policy during a calendar year; or

               (b)    if the audit team leader is a partner of an audit firm, member of an audit company or an employee of such a firm or company — ensure that at all times the firm or company is covered by an insurance policy maintained by the firm or company which has an insured amount that is at least $500,000 for each claim, and for all claims in the aggregate, made under the policy during a calendar year.

         (3)   The insurance policy must:

                (a)    cover any civil legal liability arising in relation to a greenhouse and energy audit or a CFI audit carried out by the audit team leader, including liability arising out of the dishonesty of the team members; and

               (b)    subject to subregulation (4), cover costs and expenses incurred by the audit team leader and the team members when defending and settling claims of at least the amount mentioned in paragraph (2) (a), including legal costs and expenses of investigation; and

                (c)    not be cancellable by the insurer solely because of an innocent non-disclosure or misrepresentation by:

                          (i)    the audit team leader, his or her employees or an audit team member; or

                         (ii)    if the audit team leader is a partner of an audit firm, member of an audit company or an employee — any other partner, member, employee or audit team member.

         (4)   Paragraph (3) (b) does not apply in relation to an audit team member if the member is covered by a policy of insurance on substantially the same terms.

         (5)   Subject to subregulation (3), the insurance policy must also be on ordinary commercial terms offered by insurers for insurance of that type at the time the insurance contract is entered into.

         (6)   In particular, the exclusions and conditions must be standard or usual for insurance of that type and any excess applicable to the cover must not be of an unreasonable amount.

Subdivision 6.6.7        Conditions

6.61        Conditions

         (1)   A registered greenhouse and energy auditor must comply with any conditions imposed on the auditor’s registration by the Greenhouse and Energy Data Officer.

         (2)   The Greenhouse and Energy Data Officer may impose the conditions on or after registration.

         (3)   The Greenhouse and Energy Data Officer may impose the conditions only if the Greenhouse and Energy Data Officer thinks that it is necessary to do so to address concerns the Greenhouse and Energy Data Officer may have about:

                (a)    the auditor’s ability to conduct greenhouse and energy audits or CFI audits in accordance with the Audit Determination and these Regulations; or

               (b)    the conduct of the auditor while carrying out a greenhouse and energy audit or a CFI audit.

         (4)   The Greenhouse and Energy Data Officer may impose the following kinds of conditions:

                (a)    a condition that the auditor must undertake additional training of a particular kind;

               (b)    a condition that the auditor must undertake professional development of a particular kind;

                (c)    a condition that the auditor may only be an audit team member or an audit team leader in relation to:

                          (i)    specified types of greenhouse and energy audits or CFI audits; or

                         (ii)    eligible offsets projects covered by specified CFI methodology determinations; or

                        (iii)    specified industry sectors.

6.62        How conditions are imposed

         (1)   If the Greenhouse and Energy Data Officer intends to impose a condition on the registration of a registered greenhouse and energy auditor, the Greenhouse and Energy Data Officer must give the auditor notice of the condition in writing.

         (2)   The notice must also specify:

                (a)    the date from which the condition is to apply or, if appropriate, the period during which the condition must be complied with; and

               (b)    that the auditor may respond to the Greenhouse and Energy Data Officer, in writing, within 14 days after the notice is given setting out why the Greenhouse and Energy Data Officer should not impose the condition or should impose a different condition; and

                (c)    that if the auditor does so respond, the Greenhouse and Energy Data Officer will consider the response in making a decision on whether or not to impose the condition; and

               (d)    the terms of subregulations (3) and (4).

         (3)   If the auditor does not respond in accordance with paragraph (2) (b), the condition takes effect as provided in the notice.

         (4)   If the auditor responds in accordance with paragraph (2) (b):

                (a)    the Greenhouse and Energy Data Officer must consider the response and any other relevant information and make a decision about the condition; and

               (b)    the Greenhouse and Energy Data Officer must give written notice of the decision to the auditor including, if the Greenhouse and Energy Data Officer decides to impose the condition:

                          (i)    particulars of the condition, the date of application of the condition and period for compliance with the condition; and

                         (ii)    a statement of reasons for the decision; and

                (c)    the condition takes effect as provided in the notice under paragraph (b).

6.63        Restrictions on audit team leader accepting audit

                A registered greenhouse and energy auditor must not accept an appointment to carry out a greenhouse and energy audit or a CFI audit as audit team leader unless the auditor is satisfied that:

                (a)    he or she will have the necessary resources to be able to conduct the audit as specified by the Greenhouse and Energy Data Officer in the notice given under the relevant provision of the Act under which the audit is being undertaken; and

               (b)    he or she possesses sufficient knowledge and skills in relation to the matters being audited to:

                          (i)    define the objectives of audit tasks assigned to particular audit team members; and

                         (ii)    consider the reasonableness of the methods and data used by audit team members in undertaking their assigned tasks; and

                        (iii)    consider the reasonableness of the audit team members’ findings in relation to the matters being audited.

Note for paragraph (a)   Sections 73, 73A and 74 of the Act provide for audits to be undertaken.

Subdivision 6.6.8        Other requirements

6.64A      Definition

                In this Subdivision:

alternative audit means an audit that has not been carried out under the Act but that is, in the opinion of the Greenhouse and Energy Data Officer, comparable to a greenhouse and energy audit.

6.64        Registered auditor must continue to be fit and proper person

         (1)   A registered greenhouse and energy auditor must not cease to be a fit and proper person.

         (2)   In determining whether a registered greenhouse and energy auditor has ceased to be a fit and proper person, the Greenhouse and Energy Data Officer must have regard to the information and evidence mentioned in regulation 6.23 and the following:

                (a)    whether the auditor has been convicted of an offence against a law of the Commonwealth, a State or Territory or a foreign country (including a state or similar division of a foreign country) if the offence had an element of dishonesty;

               (b)    whether there has been, in respect of the auditor, any finding of civil liability for any breach of trust or other breach of fiduciary duty, dishonesty, negligence or recklessness in the course of the auditor’s work as a registered greenhouse and energy auditor;

                (c)    whether the auditor:

                          (i)    is bankrupt or has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

                         (ii)    has compounded with creditors or made an assignment of remuneration for their benefit;

               (d)    whether the auditor made a statement that was false or misleading in a material particular:

                          (i)    in an application for registration; or

                         (ii)    in a report under regulation 6.69; or

                        (iii)    to a person conducting a review under regulation 6.26 or an inspection under regulation 6.40;

                (e)    whether the auditor has had his or her membership of a relevant professional body cancelled.

6.65        Continuing professional development requirements

         (1)   A registered greenhouse and energy auditor must complete at least 15 days of continuing professional development.

         (2)   The auditor must complete the continuing professional development in each 3 year period of registration commencing on the date that the auditor was first registered.

         (3)   The Greenhouse and Energy Data Officer may recommend conferences, seminars, courses, and other kinds of training that are relevant to continuing professional development.

         (4)   In this regulation, continuing professional development, for an auditor, means participation in, or attendance at, conferences, seminars, courses, and other kinds of training that are relevant to:

                (a)    the category in which the auditor is registered; and

               (b)    the knowledge and qualifications used for the purposes of registration.

6.66        Participation in audits

         (1)   A Category 1 NGER technical auditor or non-technical auditor, or Category 2 or 3 auditor must carry out, or assist in carrying out, a greenhouse and energy audit at least once in every 3 calendar years following registration.

      (1A)   A Category 1 auditor who is a CFI technical auditor must carry out, or assist in carrying out, a CFI audit at least once in every 3 calendar years following registration.

         (2)   If the registered greenhouse and energy auditor has not carried out, or assisted in carrying out, a greenhouse and energy audit or a CFI audit in accordance with subregulation (1), the Greenhouse and Energy Data Officer may accept an alternative audit.

6.67        Notice requirements — change in circumstances

         (1)   A registered greenhouse and energy auditor must notify the Greenhouse and Energy Data Officer of any change in the details provided by the auditor in an application for registration.

         (2)   The notice must be given, in writing, within 28 days after the auditor becomes aware of the change.

         (3)   In particular, the auditor must notify the Greenhouse and Energy Data Officer of any of the matters mentioned in subregulation 6.64 (2).

6.68        Notice requirements of audit team leaders

         (1)   A registered greenhouse and energy auditor must notify the Greenhouse and Energy Data Officer if the auditor accepts the position of audit team leader from a person other than the Greenhouse and Energy Data Officer.

         (2)   The notice must be given, in writing, within 28 days after the auditor accepts the position.

         (3)   The notice must contain the following information in relation to the auditor:

                (a)    the name of the audited body and, if the auditor accepts the position from a person other than the audited body, the name of the person;

               (b)    the type of greenhouse and energy audit or CFI audit concerned;

                (c)    the matters being audited.

6.69        Requirement to give report

         (1)   A registered greenhouse and energy auditor must give the Greenhouse and Energy Data Officer a report containing information relating to each of the following:

                (a)    greenhouse and energy audits;

              (aa)    CFI audits;

               (b)    alternative audits;

                (c)    continuing professional development;

undertaken by the auditor, during the previous 12 months.

         (2)   The report must be given to the Greenhouse and Energy Data Officer on each anniversary of a person’s registration as a greenhouse and energy auditor.

         (3)   The report must include the following information for the previous 12 months in relation to greenhouse and energy audits, CFI audits or alternative audits:

                (a)    the audits carried out by the auditor during the year (whether completed during the year or not) as audit team leader or leader of the alternative audit;

               (b)    the audits that the auditor assisted in during the year (whether completed during the year or not) as an audit team member or a team member of the alternative audit;

                (c)    the position the auditor held in relation to the audits the auditor assisted in carrying out as an audit team member during the year;

               (d)    the name of the audited body, or body being audited in the alternative audit, for each audit carried out during the year;

                (e)    the audits completed during the year and the time taken to complete each audit;

                (f)    any other matter specified by the Greenhouse and Energy Data Officer in writing for the purposes of this paragraph.

6.70        Retention of audit records

                A registered greenhouse and energy auditor who carries out a greenhouse and energy audit or a CFI audit as audit team leader must keep the records relating to the audit for 5 years from the date of the report of the audit.

Subdivision 6.6.8        Exemptions

6.71        Greenhouse and Energy Data Officer may grant exemptions in certain cases

         (1)   This regulation applies to an application for an exemption mentioned in:

                (a)    subregulation 6.47 (4); or

               (b)    subregulation 6.54 (2); or

                (c)    subregulation 6.59 (5).

         (2)   The application must be in writing and must contain the following information:

                (a)    the name of the audit team leader;

               (b)    the name of the audit team member in respect of whom the application is being made;

                (c)    details of the greenhouse and energy audit or the CFI audit in respect of which the exemption is sought;

               (d)    the reasons for which the exemption is sought;

                (e)    if the application is for an exemption under subregulation 6.47 (4) or 6.54 (2) — details of procedures the audit team leader proposes to put in place for managing the conflict of interest or circumstances.

         (3)   The Greenhouse and Energy Data Officer may, in writing, grant the audit team leader the exemption if the Greenhouse and Energy Data Officer is satisfied about the following:

                (a)    that the non-participation in the audit of the person in respect of whom the exemption is sought would place an unreasonable burden on the audited body, the audit team leader or the Greenhouse and Energy Data Officer;

               (b)    if the application is for an exemption under subregulation 6.47 (4) or 6.54 (2) — that the audit team leader has put in place procedures for managing the conflict of interest or circumstances so that the Greenhouse and Energy Data Officer is satisfied that the findings of the audit will not be affected by the conflict or circumstances.

         (4)   If the Greenhouse and Energy Data Officer decides to refuse an application, he or she must give the applicant notice of, and reasons for, the decision.

Division 6.7           Other matters

6.72        Legislative instrument

         (1)   This regulation is made for the purposes of paragraph 75A (2) (b) of the Act.

         (2)   The Greenhouse and Energy Data Officer may make a legislative instrument setting out:

                (a)    some or all of the requirements that could otherwise be set out in the regulations; or

               (b)    ways in which requirements set out in the regulations may be met.

         (3)   In subregulation (2), regulations means regulations made for the purposes of paragraph 75A (2) (b) of the Act.

6.73        Review by AAT of decisions of Greenhouse and Energy Data Officer

                Application may be made to the Administrative Appeals Tribunal for review of a decision of the Greenhouse and Energy Data Officer:

                (a)    under regulation 6.30 to suspend the registration of a registered greenhouse and energy auditor; or

               (b)    under regulation 6.31 to refuse to suspend the registration of a registered greenhouse and energy auditor; or

                (c)    under regulation 6.35 to deregister a registered greenhouse and energy auditor; or

               (d)    under regulation 6.37 to refuse to deregister a registered greenhouse and energy auditor; or

                (e)    under regulation 6.62 to impose a condition on the registration of a registered greenhouse and energy auditor; or

                (f)    under regulation 6.71 to refuse an application for an exemption as provided for in that regulation.

 


Schedule 1        Fuels and other energy commodities specified for the purposes of the definition of energy in section 7 of Act

(regulation 2.03)

  

 

Item

Fuels and other energy commodities

Solid fossil fuels and coal based products

1

Black coal (other than that used to produce coke)

2

Brown coal

3

Coking coal

4

Coal briquettes

5

Coal coke

6

Coal tar

7

Solid fossil fuels other than those mentioned in items 1 to 5

Fuels derived from recycled materials

8

Industrial materials and tyres that are derived from fossil fuels, if recycled and combusted to produce heat or electricity

9

Non‑biomass municipal materials, if recycled and combusted to produce heat or electricity

Primary solid biomass fuels

10

Dry wood

11

Green and air dried wood

12

Sulphite lyes

13

Bagasse

14

Biomass municipal and industrial materials, if recycled and combusted to produce heat or electricity

15

Charcoal

16

Primary solid biomass fuels other than those mentioned in items 10 to 15

Gaseous fossil fuels

17

Natural gas distributed in a pipeline

18

Coal seam methane that is captured for combustion

19

Coal mine waste gas that is captured for combustion

20

Compressed natural gas

21

Unprocessed natural gas

22

Ethane

23

Coke oven gas

24

Blast furnace gas

25

Town gas

26

Liquefied natural gas

27

Gaseous fossil fuels other than those mentioned in items 17 to 26

Biogas captured for combustion

28

Landfill biogas that is captured for combustion

29

Sludge biogas that is captured for combustion

30

A biogas that is captured for combustion, other than those mentioned in items 28 to 29

Petroleum based oils and petroleum based greases

31

Petroleum based oils (other than petroleum based oils used as fuel)

32

Petroleum based greases

Petroleum based products other than petroleum based oils and petroleum based greases

33

Crude oil including crude oil condensates

34

Other natural gas liquids

35

Gasoline (other than for use as fuel in an aircraft)

36

Gasoline for use as fuel in an aircraft

37

Kerosene (other than for use as fuel in an aircraft)

38

Kerosene for use as fuel in an aircraft

39

Heating oil

40

Diesel oil

41

Fuel oil

42

Liquefied aromatic hydrocarbons

43

Solvents if mineral turpentine or white spirits

44

Liquefied petroleum gas

45

Naphtha

46

Petroleum coke

47

Refinery gas and liquids

48

Refinery coke

49

Bitumen (including bitumen production), other than consumption for non-combustion purposes

50

Waxes

51

Petroleum based products other than:

   (a)  petroleum based oils and petroleum based greases mentioned in items 31 to 32

  (b)  petroleum based products mentioned in items 33 to 50

Biofuels

52

Biodiesel

53

Ethanol for use as a fuel in an internal combustion engine

54

Biofuels other than those mentioned in items 52 to 53

Petrochemical feedstock

55

Carbon black if used as a petrochemical feedstock

56

Ethylene if used as a petrochemical feedstock

57

Petrochemical feedstock other than those mentioned in items 55 to 56

Energy commodities

58

Sulphur

59

Solar energy for electricity generation

60

Wind energy for electricity generation

61

Water energy for electricity generation

62

Geothermal energy for electricity generation

63

Uranium

64

Hydrogen

65

Electricity

66

Energy commodities other than those mentioned in items 58 to 65 and in the form of steam, compressed air or waste gas acquired by any means from outside the facility boundary (regardless of whether any payment or exchange has been made) either to produce heat or for another purpose

Schedule 2        Meaning of industry sector for the purposes of section 7 of the Act

(regulation 2.06)

  

Item

ANZSIC Code

ANZSIC Industry classification

1

440

Accommodation

2

821

Adult, community and other education

3

694

Advertising services

4

331

Agricultural product wholesaling

5

01

Agriculture

6

05

Agriculture, forestry and fishing support services

7

490

Air and space transport

8

522

Airport operations and other air transport support services

9

913

Amusement and other recreation activities

10

02

Aquaculture

11

692

Architectural, engineering and technical services

12

941

Automotive repair and maintenance

13

641

Auxiliary finance and investment services

14

642

Auxiliary insurance services

15

117

Bakery product manufacturing

16

181

Basic chemical manufacturing

17

211

Basic ferrous metal manufacturing

18

212

Basic ferrous product manufacturing

19

213

Basic non‑ferrous metal manufacturing

20

214

Basic non‑ferrous metal product manufacturing

21

182

Basic polymer manufacturing

22

121

Beverage manufacturing

23

731

Building cleaning, pest control and gardening services

24

451

Cafes, restaurants and takeaway food services

25

203

Cement, lime, plaster and concrete product manufacturing

26

621

Central banking          

27

751

Central government administration

28

202

Ceramic product manufacturing

29

871

Child care services

30

122

Cigarette and tobacco product manufacturing

31

955

Civic, professional and other interest group services

32

185

Cleaning compound and toiletry preparation manufacturing

33

135

Clothing and footwear manufacturing

34

425

Clothing, footwear and personal accessory retailing

35

453

Clubs (hospitality)

36

060

Coal mining

37

380

Commission‑based wholesaling

38

242

Computer and electronic equipment manufacturing

39

700

Computer system design and related services

40

091

Construction material mining

41

32

Construction services

42

152

Converted paper product manufacturing

43

900

Creative and performing arts activities

44

113

Dairy product manufacturing

45

592

Data processing, web hosting & electronic information storage services

46

760

Defence

47

426

Department stores

48

622

Depository financial intermediation

49

244

Domestic appliance manufacturing

50

822

Educational support services

51

422

Electrical and electronic goods retailing

52

243

Electrical equipment manufacturing

53

263

Electricity distribution

54

261

Electricity generation

55

262

Electricity transmission

56

721

Employment services

57

101

Exploration

58

662

Farm animal and bloodstock leasing

59

183

Fertiliser and pesticide manufacturing

60

624

Financial asset investing

61

04

Fishing, hunting and trapping

62

03

Forestry and logging

63

114

Fruit and vegetable processing

64

400

Fuel retailing

65

952

Funeral, crematorium and cemetery services

66

251

Furniture manufacturing

67

373

Furniture, floor covering and other goods wholesaling

68

421

Furniture, floor coverings, houseware and textile goods retailing

69

920

Gambling activities

70

270

Gas supply

71

201

Glass and glass product manufacturing

72

755

Government representation

73

116

Grain mill and cereal product manufacturing

74

360

Grocery, liquor and tobacco product wholesaling

75

423

Hardware, building and garden supplies retailing

76

310

Heavy and civil engineering construction

77

912

Horse and dog racing activities

78

840

Hospitals

79

63

Insurance and superannuation funds

80

570

Internet publishing and broadcasting

81

591

Internet service providers and web search portals

82

221

Iron and steel forging

83

754

Justice

84

134

Knitted product manufacturing

85

132

Leather tanning, fur dressing, and leather product manufacturing

86

693

Legal and accounting services

87

601

Libraries and archives

88

753

Local government administration

89

141

Log sawmilling and timber dressing

90

942

Machinery and equipment repair and maintenance

91

696

Management and related consulting services

92

695

Market research and statistical services

93

111

Meat and meat product manufacturing

94

85

Medical and other health care services

95

223

Metal container manufacturing

96

080

Metal ore mining

97

332

Mineral, metal and chemical wholesaling

98

55

Motion picture and sound recording activities

99

231

Motor vehicle and motor vehicle part manufacturing

100

350

Motor vehicle and motor vehicle parts wholesaling

101

661

Motor vehicle and transport equipment rental and hiring

102

392

Motor vehicle parts and tyre retailing

103

391

Motor vehicle retailing

104

891

Museum operation

105

192

Natural rubber product manufacturing

106

541

Newspaper, periodical, book and directory publishing

107

623

Non‑depository financing

108

664

Non‑financial intangible assets (except copyrights) leasing

109

302

Non‑residential building construction

110

431

Non‑store retailing

111

115

Oil and fat manufacturing

112

070

Oil and gas extraction

113

264

On selling electricity and electricity market operation

114

729

Other administrative services

115

189

Other basic chemical product manufacturing

116

229

Other fabricated metal product manufacturing

117

119

Other food product manufacturing

118

663

Other goods and equipment rental and hiring

119

602

Other information services

120

249

Other machinery and equipment manufacturing

121

349

Other machinery and equipment wholesaling

122

259

Other manufacturing

123

109

Other mining support services

124

099

Other non‑metallic mineral mining and quarrying

125

209

Other non‑metallic mineral product manufacturing

126

953

Other personal services

127

699

Other professional, scientific and technical services

128

949

Other repair and maintenance

129

879

Other social assistance services

130

239

Other transport equipment manufacturing

131

529

Other transport support services

132

149

Other wood product manufacturing

133

732

Packaging services

134

892

Parks and gardens operations

135

951

Personal care services

136

170

Petroleum and coal product manufacturing

137

184

Pharmaceutical and medicinal product manufacturing

138

427

Pharmaceutical and other store‑based retailing

139

372

Pharmaceutical and toiletry goods wholesaling

140

502

Pipeline and other transport

141

191

Polymer product manufacturing

142

510

Postal and courier pick‑up and delivery services

143

80

Preschool and school education

144

161

Printing and printing support services

145

96

Private households employing staff and undifferentiated goods‑and‑service‑producing activities of households for own use

146

241

Professional and scientific equipment manufacturing

147

671

Property operators

148

771

Public order and safety services

149

452

Pubs, taverns and bars

150

151

Pulp, paper and paperboard manufacturing

151

245

Pump, compressor, heating and ventilation equipment manufacturing

152

561

Radio broadcasting

153

471

Rail freight transport

154

472

Rail passenger transport

155

672

Real estate services

156

424

Recreational goods retailing

157

772

Regulatory services

158

954

Religious services

159

162

Reproduction of recorded media

160

301

Residential building construction

161

860

Residential care services

162

432

Retail commission‑based buying and/or selling

163

461

Road freight transport

164

462

Road passenger transport

165

501

Scenic and sightseeing transport

166

691

Scientific research services

167

112

Seafood processing

168

224

Sheet metal product manufacturing (except metal structural & container products)

169

542

Software publishing

170

412

Specialised food retailing

171

341

Specialised industrial machinery and equipment wholesaling

172

246

Specialised machinery and equipment manufacturing

173

911

Sports and physical recreation activities

174

752

State government administration

175

222

Structural product manufacturing

176

118

Sugar confectionary manufacturing

177

411

Supermarket and grocery stores

178

580

Telecommunications services

179

562

Television broadcasting

180

810

Tertiary education

181

131

Textile manufacturing

182

133

Textile product manufacturing

183

371

Textile, clothing and footwear wholesaling

184

333

Timber and hardware goods wholesaling

185

722

Travel agency and tour arrangement services

186

697

Veterinary services

187

530

Warehousing and storage services

188

291

Waste collection services

189

292

Waste treatment, disposal and remediation services

190

481

Water freight transport

191

482

Water passenger transport

192

281

Water supply, sewerage and drainage services

193

521

Water transport support services

 


Notes to the National Greenhouse and Energy Reporting Regulations 2008

Note 1

The National Greenhouse and Energy Reporting Regulations 2008 (in force under the National Greenhouse and Energy Reporting Act 2007) as shown in this compilation comprise Select Legislative Instrument 2008 No. 127 amended as indicated in the Tables below.

For all relevant information pertaining to application, saving or transitional provisions see Table A.

Table of Instruments

Year and
Number

Date of FRLI registration

Date of
commencement

Application, saving or
transitional provisions

2008 No. 127

26 June 2008 (see F2008L02230)

1 July 2008

 

2009 No. 28

26 Feb 2009 (see F2009L00711)

15 Mar 2009 (see r. 2)

R. 4

2009 No. 378

16 Dec 2009 (see F2009L04573)

17 Dec 2009

2011 No. 115

30 June 2011 (see F2011L01380)

Rr. 1–3 and Schedule 1:
1 July 2011
Schedule 2: (see r. 2 (b) and Note 2)

R. 4

2011 No. 269

7 Dec 2011 (see F2011L02584)

8 Dec 2011

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Part 1

 

R. 1.03.....................................

am. 2009 Nos. 28 and 378; 2011 Nos. 115 and 269

Note to r. 1.03........................

rs. 2009 Nos. 28 and 378

 

am. 2011 No. 269

Part 2

 

Division 2.2

 

R. 2.01A..................................

ad. 2009 No. 28

R. 2.02.....................................

rs. 2009 No. 28

Division 2.3

 

R. 2.08.....................................

am. 2009 No. 28

R. 2.09.....................................

am. 2009 No. 28

R. 2.10.....................................

am. 2009 No. 28

R. 2.11.....................................

am. 2009 No. 28

R. 2.12.....................................

am. 2009 No. 28

R. 2.13.....................................

am. 2009 No. 28

Division 2.4

 

Subdivision 2.4.1

 

R. 2.13A..................................

ad 2011 No. 115

Subdivision 2.4.2

 

R. 2.18.....................................

rs. 2009 No. 28

Part 3

 

Division 3.2

 

R. 3.02.....................................

am. 2009 No. 28

R. 3.03.....................................

am. 2009 No. 28

Division 3.3

 

R. 3.04.....................................

am. 2009 Nos. 28 and 378

Division 3.4

 

R. 3.05.....................................

am. 2009 No. 28; 2011 No. 115

R. 3.06.....................................

am. 2009 No. 28

Part 4

 

Division 4.3

 

R. 4.04.....................................

am. 2009 No. 28; 2011 No. 115

Note to r. 4.04 (3)..................

ad. 2011 No. 115

Division 4.4

 

Subdivision 4.4.2

 

Heading to Subdiv. 4.4.2.....
of Div. 4.4

rs. 2009 No. 378

R. 4.06.....................................

am. 2009 No. 378

R. 4.07.....................................

rs. 2009 No. 378

R. 4.08.....................................

rep. 2009 No. 378

Subdivision 4.4.3

 

Heading to r. 4.10.................

rs. 2009 No. 378

R. 4.10.....................................

am. 2009 No. 378

Heading to r. 4.11.................

rs. 2009 No. 378

R. 4.11.....................................

am. 2009 No. 378

Heading to r. 4.12.................

rs. 2009 No. 378

Heading to r. 4.13.................

rs. 2009 No. 378

R. 4.13.....................................

am. 2009 No. 378; 2011 No. 115

Heading to r. 4.14.................

rs. 2009 No. 378

R. 4.14.....................................

am. 2009 No. 378

Heading to r. 4.15.................

rs. 2009 No. 378

R. 4.15.....................................

am. 2009 No. 378

Heading to r. 4.16.................

rs. 2009 No. 378

R. 4.16.....................................

am. 2009 No. 378

Heading to r. 4.17.................

rs. 2009 No. 378

R. 4.17.....................................

am. 2009 No. 378; 2011 No. 115

R. 4.17A..................................

ad. 2009 No. 378

Subdivision 4.4.4

 

R. 4.19.....................................

am. 2011 No. 115

R. 4.20.....................................

am. 2009 Nos. 28 and 378; 2011 No. 115

Note to r. 4.20 (2)..................

ad. 2011 No. 115

Subdivision 4.4.5

 

R. 4.22.....................................

am. 2009 No. 378; 2011 No. 115

Note to r. 4.22 (3)..................

ad. 2011 No. 115

R. 4.23.....................................

am. 2009 No. 378; 2011 No. 115

Note to r. 4.23 (3)..................

ad. 2011 No. 115

Division 4.5

 

R. 4.25.....................................

am. 2009 No. 28; 2011 No. 115

R. 4.26.....................................

am. 2009 No. 378

R. 4.27.....................................

am. 2009 No. 378

R. 4.29.....................................

am. 2009 No. 28

R. 4.30.....................................

rs. 2009 No. 28

Division 4.7

 

R. 4.33.....................................

am. 2009 No. 28; 2011 No. 115

Part 5

 

Division 5.2

 

R. 5.02.....................................

rs. 2009 No. 28

 

am. 2009 No. 378; 2011 Nos. 115 and 269

Part 6

 

Division 6.2

 

R. 6.02.....................................

am. 2009 No. 28; 2011 No. 115

Note to r. 6.02 (1)..................

ad. 2011 No. 115

R. 6.03.....................................

am. 2009 No. 28; 2011 No. 115

Note to r. 6.03........................

ad. 2011 No. 115

R. 6.04.....................................

ad. 2009 No. 28

Division 6.3

 

Div. 6.3 to Part 6....................

ad. 2009 No. 378

Subdivision 6.3.1

 

R. 6.05.....................................

ad. 2009 No. 378

Subdivision 6.3.2

 

R. 6.06.....................................

ad. 2009 No. 378

 

am. 2011 No. 269

Note to r. 6.06........................

am. 2011 No. 269

R. 6.07.....................................

ad. 2009 No. 378

 

am. 2011 No. 269

Note to r. 6.07........................

am. 2011 No. 269

Division 6.4

 

Div. 6.4 to Part 6....................

ad. 2009 No. 378

Subdivision 6.4.1

 

R. 6.08.....................................

ad. 2009 No. 378

R. 6.09.....................................

ad. 2009 No. 378

 

am. 2011 No. 269

Subdivision 6.4.2

 

R. 6.10.....................................

ad. 2009 No. 378

R. 6.11.....................................

ad. 2009 No. 378

 

rs. 2011 No. 115

R. 6.12.....................................

ad. 2009 No. 378

Subdivision 6.4.3

 

R. 6.13.....................................

ad. 2009 No. 378

R. 6.14.....................................

ad. 2009 No. 378

R. 6.14A..................................

ad. 2011 No. 269

R. 6.15.....................................

ad. 2009 No. 378

R. 6.16.....................................

ad. 2009 No. 378

Subdivision 6.4.4

 

R. 6.17.....................................

ad. 2009 No. 378

R. 6.18.....................................

ad. 2009 No. 378

R. 6.19.....................................

ad. 2009 No. 378

R. 6.20.....................................

ad. 2009 No. 378

R. 6.21.....................................

ad. 2009 No. 378

Division 6.5

 

Div. 6.5 to Part 6....................

ad. 2009 No. 378

Subdivision 6.5.1

 

R. 6.22.....................................

ad. 2009 No. 378

Subdivision 6.5.2

 

R. 6.23.....................................

ad. 2009 No. 378

Note to r. 6.23 (2)..................

am. 2011 No. 269

R. 6.24.....................................

ad. 2009 No. 378

R. 6.25.....................................

ad. 2009 No. 378

 

am. 2011 No. 269

Subdivision 6.5.3

 

R. 6.26.....................................

ad. 2009 No. 378

R. 6.27.....................................

ad. 2009 No. 378

Subdivision 6.5.4

 

R. 6.28.....................................

ad. 2009 No. 378

R. 6.29.....................................

ad. 2009 No. 378

 

am. 2011 No. 269

R. 6.30.....................................

ad. 2009 No. 378

R. 6.31.....................................

ad. 2009 No. 378

R. 6.32.....................................

ad. 2009 No. 378

Subdivision 6.5.5

 

R. 6.33.....................................

ad. 2009 No. 378

R. 6.34.....................................

ad. 2009 No. 378

 

am. 2011 No. 269

R. 6.35.....................................

ad. 2009 No. 378

R. 6.36.....................................

ad. 2009 No. 378

R. 6.37.....................................

ad. 2009 No. 378

Subdivision 6.5.6

 

R. 6.38.....................................

ad. 2009 No. 378

 

am. 2011 No. 269

R. 6.39.....................................

ad. 2009 No. 378

 

am. 2011 No. 269

R. 6.40.....................................

ad. 2009 No. 378

R. 6.41.....................................

ad. 2009 No. 378

 

am. 2011 No. 269

R. 6.42.....................................

ad. 2009 No. 378

R. 6.43.....................................

ad. 2009 No. 378

 

am. 2011 No. 269

R. 6.44.....................................

ad. 2009 No. 378

Division 6.6

 

Div. 6.6 to Part 6....................

ad. 2009 No. 378

Subdivision 6.6.1

 

R. 6.45.....................................

ad. 2009 No. 378

Subdivision 6.6.2

 

R. 6.46.....................................

ad. 2009 No. 378

 

am. 2011 No. 269

Subdivision 6.6.3

 

R. 6.47.....................................

ad. 2009 No. 378

 

am. 2011 No. 269

R. 6.48.....................................

ad. 2009 No. 378

 

am. 2011 No. 269

R. 6.49.....................................

ad. 2009 No. 378

 

am. 2011 No. 269

R. 6.50.....................................

ad. 2009 No. 378

 

am. 2011 No. 269

Subdivision 6.6.4

 

R. 6.51.....................................

ad. 2009 No. 378

 

am. 2011 No. 269

R. 6.52.....................................

ad. 2009 No. 378

R. 6.53.....................................

ad. 2009 No. 378

 

am. 2011 No. 269

R. 6.54.....................................

ad. 2009 No. 378

 

am. 2011 No. 269

R. 6.55.....................................

ad. 2009 No. 378

R. 6.56.....................................

ad. 2009 No. 378

 

am. 2011 No. 269

R. 6.57.....................................

ad. 2009 No. 378

Subdivision 6.6.5

 

R. 6.58.....................................

ad. 2009 No. 378

 

am. 2011 No. 269

R. 6.59.....................................

ad. 2009 No. 378

 

am. 2011 No. 269

Subdivision 6.6.6

 

R. 6.60.....................................

ad. 2009 No. 378

 

am. 2011 No. 269

Subdivision 6.6.7

 

R. 6.61.....................................

ad. 2009 No. 378

 

am. 2011 No. 269

R. 6.62.....................................

ad. 2009 No. 378

R. 6.63.....................................

ad. 2009 No. 378

 

am. 2011 No. 269

Subdivision 6.6.8

 

R. 6.64A..................................

ad. 2011 No. 116

R. 6.64.....................................

ad. 2009 No. 378

R. 6.65.....................................

ad. 2009 No. 378

Heading to r. 6.66.................

rs. 2011 No. 115

R. 6.66.....................................

ad. 2009 No. 378

 

am. 2011 Nos. 115 and 269

R. 6.67.....................................

ad. 2009 No. 378

R. 6.68.....................................

ad. 2009 No. 378

 

am. 2011 Nos. 115 and 269

R. 6.69.....................................

ad. 2009 No. 378

 

am. 2011 Nos. 115 and 269

R. 6.70.....................................

ad. 2009 No. 378

 

am. 2011 No. 269

Subdivision 6.6.8
(second occurring)

 

R. 6.71.....................................

ad. 2009 No. 378

 

am. 2011 No. 269

Division 6.7

 

Div. 6.7 to Part 6....................

ad. 2009 No. 378

R. 6.72.....................................

ad. 2009 No. 378

R. 6.73.....................................

ad. 2009 No. 378

Schedule 1

 

Schedule 1.............................

am. 2011 No. 115

Note 2

National Greenhouse and Energy Reporting Amendment Regulations 2011 (No. 1) (2011 No. 115)

The following amendments commence on 1 July 2012:

Schedule 2

[1]           Regulation 1.03, after definition of affected group member

insert

anthracite means coal having a volatile matter of less than 14.0% on a dry ash-free basis.

[2]           Regulation 1.03, after definition of Australian Statistician

insert

bituminous coal means coal having:

                (a)    a volatile matter of not less than 14.0% on a dry ash-free basis; and

               (b)    gross specific energy of either:

                          (i)    not less than 26.50 megajoules per kilogram on an ash-free moist basis; or

                         (ii)    not less than 24.00 megajoules per kilogram on an ash-free moist basis if the crucible swelling number is not less than one.

[3]           Regulation 1.03, definition of brown coal

substitute

brown coal means coal having a gross specific energy of less than 19.00 megajoules per kilogram on an ash-free moist basis.

[4]           Regulation 1.03, after definition of source

insert

sub-bituminous coal means coal having a gross specific energy of:

                (a)    19.00–23.99 megajoules per kilogram on an ash-free moist basis; or

               (b)    if the crucible swelling number is 0 or 1/2 — 19.00–26.49 megajoules per kilogram on an ash-free moist basis.

[5]           Subregulation 4.14, table, item 5

substitute

5

Chemical or mineral production, other than carbide production, using a carbon reductant or carbon anode

Method 1 for the source, as set out in the Measurement Determination

   (a)  the tonnes of chemical or mineral products, containing carbon, produced

  (b)  the carbon content of the chemical or mineral products, containing carbon, produced in tonnes of carbon per tonne of output

   (c)  the tonnes of solid waste by-products, containing carbon, produced by the activity

  (d)  the average carbon content factor of solid waste by‑products expressed as tonnes of carbon per tonne of solid waste by‑product

   (e)  the change in stock, containing carbon, for the activity measured in tonnes

   (f)  the carbon content factor of the change in stock expressed as tonnes of carbon per tonne of stock

 

 

Methods 2, 3 and 4 for the source, as set out in the Measurement Determination

   (a)  the tonnes of chemical or mineral products, containing carbon, produced

  (b)  the carbon content of the chemical or mineral products, containing carbon, produced in tonnes of carbon per tonne of output

   (c)  the tonnes of solid waste by-products, containing carbon, produced by the activity

  (d)  the average carbon content factors of solid waste by‑products expressed as tonnes of carbon per tonne of solid waste by‑product

   (e)  the change in stock, containing carbon, for the activity measured in tonnes

 

 

   (f)  the carbon content factor of the change in stock expressed as tonnes of carbon per tonne of stock

   (g)  the facility specific carbon content factor of fuel or carbonaceous input material consumed expressed as tonnes of carbon per tonne of fuel

[6]           Subregulation 4.15 (2), table, items 1 and 2

substitute

1

Iron, steel or other metal production using an integrated metalworks

Method 1 for the source, as set out in the Measurement Determination

   (a)  the tonnes of iron produced for sale

  (b)  the carbon content of the iron produced for sale in tonnes of carbon per tonne of output

   (c)  the tonnes of crude steel produced

  (d)  the carbon content factor of the crude steel in tonnes of carbon per tonne of output

   (e)  the tonnes of solid waste by-product, containing carbon, produced by the activity

   (f)  the average carbon content factor of solid waste by‑products, containing carbon, expressed as tonnes of carbon per tonne of waste by‑product

   (g)  the change in stock, containing carbon, for the activity measured in tonnes

  (h)  the carbon content factor of the change in stock expressed as tonnes of carbon per tonne of stock

   (i)  the tonnes of coke transferred beyond the boundary of the activity

   (j)  the tonnes of coal tar transferred beyond the boundary of the activity

 

 

Methods 2, 3 and 4 for the source, as set out in the Measurement Determination

   (a)  the tonnes of iron produced for sale

  (b)  the carbon content of the iron produced for sale in tonnes of carbon per tonne of output

   (c)  the tonnes of crude steel produced

  (d)  the carbon content factor of the crude steel in tonnes of carbon per tonne of output

 

 

   (e)  the facility specific carbon content factor of fuel consumed expressed as tonnes of carbon per tonne of fuel

   (f)  tonnes of solid waste by-product, containing carbon, produced by the activity

 

 

   (g)  the average carbon content factor of solid waste by‑products, containing carbon, expressed as tonnes of carbon per tonne of waste by‑product

 

 

  (h)  the change in stock, containing carbon, for the activity measured in tonnes

 

 

   (i)  the carbon content factor of the change in stock expressed as tonnes of carbon per tonne of stock

   (j)  the tonnes of coke transferred beyond the boundary of the activity

  (k)  the tonnes of coal tar transferred beyond the boundary of the activity

2

Ferroalloys production

Method 1 for the source, as set out in the Measurement Determination

   (a)  the tonnes of ferroalloys produced containing carbon

  (b)  the carbon content factor of the ferroalloy produced in the activity in tonnes of carbon per tonne of output

   (c)  the tonnes of solid waste by-products, containing carbon, produced by the activity

  (d)  the average carbon content factors of solid waste by‑products expressed as tonnes of carbon per tonne of solid waste by‑product

   (e)  the change in stock, containing carbon, for the activity measured in tonnes

   (f)  the carbon content factor of the change in stock expressed as tonnes of carbon per tonne of stock

Methods 2, 3 and 4 for the source, as set out in the Measurement Determination

   (a)  the tonnes of ferroalloy, containing carbon, produced

  (b)  the carbon content factor of the ferroalloy produced in the activity in tonnes of carbon per tonne of output

   (c)  the tonnes of solid waste by‑products, containing carbon, produced by the activity

  (d)  the average carbon content factor of solid waste by‑products expressed as tonnes of carbon per tonne of solid waste by‑product

   (e)  the change in stock, containing carbon, for the activity measured in tonnes

   (f)  the carbon content factor of the change in stock expressed as tonnes of carbon per tonne of stock

   (g)  the facility specific carbon content factor of fuel consumed expressed as tonnes of carbon per tonne of fuel

[7]           Subregulation 4.15 (2), table, item 4

substitute

4

Production of other metals

Method 1 for the source, as set out in the Measurement Determination

   (a)  the tonnes of other metals produced

  (b)  the carbon content of the other metals produced in tonnes of carbon per tonne of output

   (c)  the tonnes of solid waste by-products, containing carbon, produced by the activity

  (d)  the average carbon content factor of solid waste by‑products expressed as tonnes of carbon per tonne of solid waste by‑product

   (e)  the change in stock, containing carbon, for the activity measured in tonnes

   (f)  the carbon content factor of the change in stock expressed as tonnes of carbon per tonne of stock

Methods 2, 3 and 4 for the source, as set out in the Measurement Determination

   (a)  the tonnes of other metal produced

  (b)  the carbon content factor of the other metal in tonnes of carbon per tonne of output

   (c)  the tonnes of solid waste by‑products, containing carbon, produced by the activity

  (d)  the average carbon content factors of solid waste by‑products expressed as tonnes of carbon per tonne of solid waste by‑product

   (e)  the change in stock, containing carbon, for the activity measured in tonnes

   (f)  the carbon content factor of the change in stock expressed as tonnes of carbon per tonne of stock

   (g)  the facility specific carbon content factor of fuel consumed expressed as tonnes of carbon per tonne of fuel

[8]           Schedule 1, item 1

substitute

1

Bituminous coal

1A

Sub-bituminous coal

1B

Anthracite

As at 8 December 2011 the amendments are not incorporated in this compilation.

Table A                  Application, saving or transitional provisions

Selective Legislative Instrument 2009 No. 28

4              Transitional

         (1)   The amendments made by items [18] to [20] of Schedule 1 apply in relation to an application for registration made on or after the commencement of the items.

         (2)   The amendments made by items [21] and [22] of Schedule 1 apply in relation to a controlling corporation that applies for registration on or after the commencement of the items.

         (3)   The amendments made by items [23] to [25] of Schedule 1 apply in relation to an application for deregistration made on or after the commencement of the items.

         (4)   The amendment made by item [36] of Schedule 1 applies in relation to an application for the Greenhouse and Energy Data Officer to make a determination under subsection 20 (3) of the Act made on or after the commencement of the item.

         (5)   The amendments made by items [38] and [39] of Schedule 1 apply in relation to an application for a declaration that an activity or series of activities (including ancillary activities) are a facility made on or after the commencement of the items.

         (6)   The amendments made by items [40] to [44] of Schedule 1 apply in relation to an application for a declaration that a controlling corporation or another member of the corporation’s group has operational control of a facility made on or after the commencement of the items.

 

Selective Legislative Instrument 2011 No. 115

4              Application

                The amendments made by these Regulations do not apply to reports lodged on 31 October 2011 for the 2010–2011 financial year.