Federal Register of Legislation - Australian Government

Primary content

Determinations/Other as made
This determination sets the requirements for implementing and monitoring offsets projects that avoid emissions by operating a landfill gas collection system. These rules have been designed to reflect the requirements of the offsets integrity standards and ensure that emissions reductions are real and additional to business as usual.
Administered by: Environment and Energy
Made 12 Jan 2015
Registered 19 Jan 2015
Tabled HR 09 Feb 2015
Tabled Senate 09 Feb 2015

 

Carbon Credits (Carbon Farming Initiative—Landfill Gas) Methodology Determination 2015

I, Greg Hunt, Minister for the Environment, make the following determination.

Dated   12 January 2015

Greg Hunt

Minister for the Environment

 

  

  

  


Contents

Part 1—Preliminary                                                                                                                                        1

1............ Name of determination.................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Duration........................................................................................................................ 1

5............ Definitions..................................................................................................................... 1

6............ References to factors and parameters from external sources.......................................... 3

Part 2—Landfill gas projects                                                                                                                    4

7............ Landfill gas projects...................................................................................................... 4

Part 3—Project requirements                                                                                                                   5

8............ Operation of this Part.................................................................................................... 5

9............ Requirements for a new project..................................................................................... 5

10.......... Requirements for a recommencing project..................................................................... 5

11.......... Requirements for an upgrade project............................................................................. 5

12.......... Requirements for a transitioning project........................................................................ 6

13.......... Additionality requirements............................................................................................ 6

Part 4—Net abatement amounts                                                                                                             7

Division 1—Operation of this Part                                                                                                  7

14.......... Operation of this Part.................................................................................................... 7

15.......... Overview of gases accounted for in abatement calculations.......................................... 7

16.......... Inputs and parameters.................................................................................................... 7

Division 2—Method for calculating net abatement amount                                               8

17.......... Summary....................................................................................................................... 8

18.......... Net abatement amount................................................................................................... 8

Division 3—Method for calculating project abatement                                                       9

19.......... Summary....................................................................................................................... 9

20.......... Project abatement........................................................................................................... 9

21.......... Methane combusted that was not generated from carbon tax waste............................... 9

22.......... Proportion of methane combusted that was not generated from carbon tax waste....... 10

23.......... Methane combusted..................................................................................................... 11

24.......... Methane sent to combustion device............................................................................. 12

25.......... Methane combusted that was not generated from carbon tax waste and that would have been oxidised in near surface conditions.................................................................................................................... 14

Division 4—Method for calculating baseline abatement                                                    15

26.......... Summary..................................................................................................................... 15

27.......... Baseline abatement...................................................................................................... 15

28.......... Proportion of methane that would have been combusted without the project.............. 15

29.......... Proportion of methane that would have been combusted without upgrade.................. 17

Part 5—Reporting, record‑keeping and monitoring requirements                                 20

Division 1—Offsets report requirements                                                                                   20

30.......... Operation of this Division........................................................................................... 20

31.......... Determination of certain factors and parameters.......................................................... 20

Division 2—Monitoring requirements                                                                                         21

32.......... Operation of this Division........................................................................................... 21

33.......... Requirements to monitor certain parameters................................................................ 21

34.......... Consequences of not meeting requirement to monitor certain parameters.................... 23

Schedule 1—Determining regulatory proportion                                                25

Part 1—Operation of this Schedule                                                                                                     25

1............ Operation of this Schedule.......................................................................................... 25

Part 2—Regulatory proportion determined using regulatory guidelines for landfill       26

2............ Regulatory proportion determined using regulatory guidelines for landfill.................. 26

3............ Annual amount of methane permitted to be emitted..................................................... 26

4............ Annual amount of methane permitted to be emitted from final and intermediate cover 26

5............ Annual amount of methane permitted to be emitted from daily/operational cover........ 28

Part 3—Regulatory proportion determined by asking environmental regulator   29

6............ Regulatory proportion determined by asking environmental regulator........................ 29

Part 4—Regulatory proportion determined by asking environmental regulator and using collection efficiency of existing landfill gas system                                                                        32

7............ Regulatory proportion determined by asking environmental regulator and using collection efficiency of existing landfill gas system................................................................................................................... 32

Part 5—Regulatory proportion determined by independent expert                              33

8............ Regulatory proportion determined by independent expert........................................... 33

 


Part 1Preliminary

  

1  Name of determination

                   This determination is the Carbon Credits (Carbon Farming Initiative—Landfill Gas) Methodology Determination 2015.

2  Commencement

                   This determination commences on the day after it is registered.

3  Authority

                   This determination is made under subsection 106(1) of the Carbon Credits (Carbon Farming Initiative) Act 2011.

4  Duration

                   This determination remains in force for the period that:

                     (a)  begins when the determination commences; and

                     (b)  ends on the day before this determination would otherwise be repealed under subsection 50(1) of the Legislative Instruments Act 2003.

5  Definitions

                   In this determination:

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

appropriate measuring requirements has the meaning given by subsection 33(3).

carbon tax waste, in relation to a landfill, means waste that was deposited in the landfill between 1 July 2012 and 30 June 2014.

collection efficiency, of a landfill gas collection system at a landfill, means the proportion of landfill gas generated by the landfill that is collected and combusted by the landfill gas collection system, expressed as a percentage.

combustion device means:

                     (a)  a flare, boiler or internal combustion engine that is operated in accordance with the manufacturer’s instructions; or

                     (b)  a device:

                              (i)  that combusts landfill gas with a destruction efficiency of at least 98%; and

                             (ii)  that is operated in accordance with the manufacturer’s instructions; and

                            (iii)  the combustion process of which can be monitored on a minute‑by‑minute basis.

daily cover/operational area, in relation to a landfill, means the area of the landfill normally covered by material used to cover a day’s deposition of waste in active landfill waste disposal areas of the landfill.

final cover area, in relation to a landfill, means the area of the landfill normally covered by material used to cover previously active landfill waste disposal areas of the landfill that have reached final height and are unlikely to be used for waste disposal again.

intermediate cover area¸ in relation to a landfill, means the area of the landfill normally covered by material used to cover previously active landfill working areas that won’t be used for waste disposal for an extended period of time (typically a few weeks to a few months).

landfill means a site where waste is or was buried under a permission (however described) given under the law of a State or Territory.

landfill gas means gas generated from anaerobic decomposition of biological material at a landfill.

landfill gas collection system means a system to collect and combust landfill gas.

landfill gas project has the meaning given by subsection 7(2).

monitoring and control system¸ for a flare, means a system that consists of:

                     (a)  a monitoring system that detects the flame of a flare and monitors if the flare is operating at the manufacturer’s specifications for the complete combustion of methane; and

                     (b)  an associated control system that shuts down landfill gas flow to the flare either when no flame is detected or when the flare is not operating at the manufacturer’s specifications for the complete combustion of methane.

Note:          An example of a monitoring and control system for a flare is a flare management system that incorporates a UV detection sensor.

monitoring requirements means the requirements set out in section 33.

new project has the meaning given by section 9.

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

NGER Regulations means the National Greenhouse and Energy Reporting Regulations 2008.

non‑monitored period has the meaning given by subsection 34(1).

recommencing project has the meaning given by section 10.

regulatory guidelines for landfill means guidelines that:

                     (a)  establish policy and regulatory requirements for sustainable waste management and landfill performance; and

                     (b)  are applied by environment agencies and environmental protection agencies (including such agencies in States and Territories).

Note:          These guidelines typically cover the topics of siting, design, management or operation of landfills.

sub‑facility zone has the meaning as in section 5.22A of the NGER (Measurement) Determination.

transitioning project has the meaning given by section 12.

upgrade project has the meaning given by subsection 11(1).

6  References to factors and parameters from external sources

             (1)  If a calculation in this determination includes a factor or parameter that is defined or calculated by reference to another instrument or writing, the factor or parameter to be used for a reporting period is the factor or parameter referred to in, or calculated by reference to, the instrument or writing as in force at the end of the reporting period.

             (2)  Subsection (1) does not apply if:

                     (a)  the determination specifies otherwise; or

                     (b)  it is not possible to define or calculate the factor or parameter by reference to the instrument or writing as in force at the end of the reporting period.

Part 2Landfill gas projects

  

7  Landfill gas projects

             (1)  For paragraph 106(1)(a) of the Act, this determination applies to an offsets project that aims to reduce emissions of greenhouse gases by collecting and combusting landfill gas from a landfill.

             (2)  A project covered by subsection (1) is a landfill gas project.

             (3)  A landfill gas project may be:

                     (a)  a new project; or

                     (b)  a recommencing project; or

                     (c)  an upgrade project; or

                     (d)  a transitioning project.

Part 3Project requirements

  

8  Operation of this Part

             (1)  For paragraph 106(1)(b) of the Act, sections 9 to 12 set out requirements that must be met for a landfill gas project to be an eligible offsets project.

             (2)  For subparagraph 27(4A)(a)(ii) of the Act, subsection 13(1) sets out a requirement in lieu of the newness requirement.

             (3)  For subparagraph 27(4A)(b)(ii) of the Act, subsection 13(2) sets out a requirement in lieu of the regulatory additionality requirement.

9  Requirements for a new project

                   A new project must:

                     (a)  collect landfill gas by installing a landfill gas collection system at a landfill for which no such system has previously been installed; and

                     (b)  combust the gas using a combustion device.

10  Requirements for a recommencing project

                   A recommencing project must:

                     (a)  recommence landfill gas collection, using either a new or existing landfill gas collection system, at a landfill that meets both of the following requirements:

                              (i)  no landfill gas collection system has operated at the landfill since 24 April 2014;

                             (ii)  no landfill gas collection system has operated at the landfill during the 3 years before the application for the declaration of the project as an eligible offsets project is made; and

                     (b)  combust the gas using a combustion device.

11  Requirements for an upgrade project

             (1)  An upgrade project must:

                     (a)  upgrade an existing landfill gas collection system at a landfill to increase its collection efficiency; and

                     (b)  combust the gas collected using a combustion device.

             (2)  An application for declaration of an upgrade project as an eligible offsets project must include operational records that:

                     (a)  support the calculation of the collection efficiency of the existing landfill gas collection system; and

                     (b)  cover at least the 2‑year period before the application is made.

             (3)  The first reporting period for an upgrade project must end not less than 12 months after the landfill gas collection system, as upgraded, begins to collect landfill gas.

12  Requirements for a transitioning project

                   A transitioning project must:

                     (a)  collect landfill gas by continuing to operate a landfill gas collection system that was operated as part of a project that was operating under:

                              (i)  the Carbon Farming (Capture and Combustion of Methane in Landfill Gas from Legacy Waste) Methodology Determination 2012; or

                             (ii)  the Carbon Credits (Carbon Farming Initiative) (Capture and Combustion of Methane in Landfill Gas from Legacy Waste: Upgrade Projects) Methodology Determination 2012; and

                     (b)  combust the gas using a combustion device.

13  Additionality requirements

             (1)  For subparagraph 27(4A)(a)(ii) of the Act, a requirement in lieu of the newness requirement for a recommencing project is that the project complies with subparagraph 27(4A)(a)(i) of the Act, disregarding any operation of the landfill gas collection system before the earliest of the following:

                     (a)  the beginning of the period of 3 years before the application for the declaration of the project as an eligible offsets project was made;

                     (b)  the end of the day that is 24 April 2014.

             (2)  For subparagraph 27(4A)(b)(ii) of the Act, a requirement in lieu of the regulatory additionality requirement is that the project is a landfill gas project.

Part 4Net abatement amounts

Division 1Operation of this Part

14  Operation of this Part

                   For paragraph 106(1)(c) of the Act, this Part specifies the method for working out the carbon dioxide equivalent net abatement amount for a reporting period for a landfill gas project that is an eligible offsets project.

15  Overview of gases accounted for in abatement calculations

                   The following table provides an overview of the greenhouse gas abatement and emissions that are relevant to working out the carbon dioxide equivalent net abatement amount for a landfill gas project.

 

Greenhouse gas abatement and emissions

Item

Relevant calculation

Emissions source

Greenhouse gas

1

Baseline abatement

Destruction of methane in landfill gas by combustion

Methane (CH4)

2

Baseline abatement

Destruction of methane in landfill gas by oxidation in the near surface conditions of the landfill

Methane (CH4)

3

Project abatement

Destruction of methane in landfill gas by combustion

Methane (CH4)

4

Project emissions

Combustion of landfill gas

Methane (CH4)

 

16  Inputs and parameters

             (1)  Inputs for this method must cover the whole landfill.

Note:          This subsection prevents a proponent from operating a project only in relation to a selected portion of a landfill where, for example, gas might be easier to extract.

             (2)  If a parameter in an equation is worked out, or determined, in a particular way for a reporting period, then, it must be worked out, or determined, in the same way for all other equations in which it is used for the reporting period.

Division 2Method for calculating net abatement amount

17  Summary

Net abatement is calculated as project abatement minus baseline abatement.

18  Net abatement amount

                   The carbon dioxide equivalent net abatement amount for the reporting period, in tonnes CO2‑e, is worked out using the formula (equation 1):

where:

A means the carbon dioxide equivalent net abatement amount for the reporting period, in tonnes CO2‑e.

AP means the project abatement for the reporting period, in tonnes CO2‑e, worked out using equation 2.

AB means the baseline abatement for the reporting period, in tonnes CO2‑e, worked out using equation 12.

Division 3Method for calculating project abatement

19  Summary

Project abatement is calculated as the amount of methane combusted by the project that was not generated by carbon tax waste minus the amount that would have been oxidised in the near surface conditions of the landfill had it not been collected during the project.

20  Project abatement

                   The project abatement for the reporting period, in tonnes CO2‑e, is worked out using the formula (equation 2):

where:

AP means the project abatement for the reporting period, in tonnes CO2‑e.

MCom,NCT means the methane combusted during the reporting period that was not generated from carbon tax waste, in tonnes CO2‑e, worked out using equation 3.

MCom,Ox means the methane combusted during the reporting period that was not generated from carbon tax waste and that, without the project, would have been oxidised in near surface conditions of landfill, in tonnes CO2‑e, worked out using equation 11.

21  Methane combusted that was not generated from carbon tax waste

                   The methane combusted during the reporting period that was not generated from carbon tax waste, in tonnes CO2‑e, is worked out using the formula (equation 3):

where:

MCom,NCT means the methane combusted during the reporting period that was not generated from carbon tax waste, in tonnes CO2‑e.

γ means the factor to convert cubic metres of methane at standard conditions to tonnes of CO2‑e worked out using subsection 5.4(1) of the NGER (Measurement) Determination.

WNCT means the proportion of the methane combusted during the reporting period that was not generated from carbon tax waste worked out using equation 4.

MCom means the methane that was combusted during the reporting period, in cubic metres, worked out using equation 5.

22  Proportion of methane combusted that was not generated from carbon tax waste

             (1)  The proportion of the methane combusted during the reporting period that was not generated from carbon tax waste, in cubic metres, is worked out using the formula (equation 4):

where:

WNCT means the proportion of the methane combusted during the reporting period that was not generated from carbon tax waste.

MCom,y means the methane combusted in financial year y, in cubic metres, worked out using equation 5 as if a reporting period were a financial year.

MCom means the methane combusted during the reporting period, in cubic metres, worked out using equation 5.

MCTW,y means the methane generated by the landfill from carbon tax waste in financial year y in tonnes of CO2‑e calculated in accordance with subsection (2).

MGen,y means the methane generated by the landfill in financial year y, in tonnes CO2‑e, calculated in accordance with subsection (3).

y means a financial year covered (either partly or fully) by the reporting period.

Note:          The summation of this equation over financial years is to cover circumstances where reporting periods span financial years.

Methane generated from carbon tax waste in financial year y

             (2)  The methane generated by the landfill from carbon tax waste in financial year y, in tonnes of CO2‑e, is equivalent to parameter CH4gen calculated:

                     (a)  under Part 5.2 of the NGER (Measurement) Determination; and

                     (b)  in accordance with the following:

                              (i)  the year y for working out MCTW,y is a financial year that the reporting period partially or fully covers;

                             (ii)  the calculation is based only on carbon tax waste.

Note:          See section 6 for the version of NGER (Measurement) Determination that must be used.

Methane generated in year y

             (3)  The methane generated by the landfill in year y, in tonnes CO2‑e, is equivalent to parameter CH4gen calculated:

                     (a)  under Part 5.2 of the NGER (Measurement) Determination; and

                     (b)  with methane generation determined for the whole landfill as if it were a single sub‑facility zone; and

                     (c)  in accordance with subsection (4), (5), (6) or (7), as required, and subsection (8), as required.

             (4)  For working out MGen,y for equation 4, financial year y is a financial year covered (either partly or fully) by the reporting period.

             (5)  For working out MGen,y for equation 18, year y is the 12 month period immediately after the upgrade undertaken in the project is completed.

             (6)  For working out MGen,y for equation 20 and clause 5 of Schedule 1, year y is the 12 month period immediately before the project begins.

             (7)  For working out MGen,y for clause 2 of Schedule 1 (for the purposes of items 1 and 2 of the table in subclause 6(2) of Schedule 1) and items 5 and 6 of the table in subclause 6(2) of Schedule 1, year y is the 12 month period immediately before the advice is given by the environmental regulator.

             (8)  For subsections (5), (6) and (7), if the 12 month period covers 2 financial years, CH4gen is calculated by:

                              (i)  calculating CH4gen for each financial year covered by the 12 month period; and

                             (ii)  multiplying the amount of CH4gen for each financial year by the proportion of days in the financial year covered by the 12 month period; and

                            (iii)  summing the results.

23  Methane combusted

             (1)  The methane combusted during a reporting period, in cubic metres, is worked out using the formula (equation 5):

where:

MCom means the methane combusted during the reporting period, in cubic metres.

MCom,h means the methane combusted during the reporting period by combustion device h, in cubic metres, worked out using equation 6 or 7 as required.

Methane combusted by combustion device h—boiler or flare with monitoring and control system or internal combustion engine

             (2)  If combustion device h is a boiler, a flare with monitoring and control system or an internal combustion engine, the methane combusted during the reporting period by the device, in cubic metres, is worked out using the formula (equation 6):

where:

MCom,h means the methane combusted during the reporting period by combustion device h, in cubic metres.

DE means the default methane destruction efficiency for a combustion device, which for an internal combustion engine is 1 and for any other combustion device is 0.98.

MSent,h means the methane sent to combustion device h during the reporting period, in cubic metres, worked out using equation 8, 9 or 10.

Methane combusted by combustion device h—other combustion devices

             (3)  If combustion device h is not a boiler, a flare with monitoring and control system or an internal combustion engine, the methane combusted during the reporting period by the device, in cubic metres, is worked out using the formula (equation 7):

where:

MCom,h means the methane combusted during the reporting period by combustion device h, in cubic metres.

DE means the default methane destruction efficiency for a combustion device, which for an internal combustion engine is 1 and for any other combustion device is 0.98.

Oh,a means the operation of combustion device h in hour a, which is either 0 or 1, worked out in accordance with the monitoring requirements.

MSent,h,a means the methane sent to combustion device h in hour a, in cubic metres, worked out using equation 8 or 9.

24  Methane sent to combustion device

             (1)  Methane sent to a combustion device h during a particular period may be worked out using:

                     (a)  equation 8; or

                     (b)  equation 9; or

                     (c)  equation 10 (if applicable).

Option 1—using landfill gas sent to combustion device

             (2)  Using the volume of the landfill gas sent to the combustion device (QLFG,h), the methane sent to the combustion device during the period is worked out using the formula (equation 8):

where:

MSent,h means the methane sent to the combustion device h during the period, in cubic metres.

QLFG,h means the landfill gas sent to the combustion device h during the period, in cubic metres, worked out in accordance with the monitoring requirements.

WLFG,CH4 means the proportion of the volume of the landfill gas that is methane, which is:

                     (a)  set out in section 5.14C of the NGER (Measurement) Determination; or

                     (b)  worked out in accordance with the monitoring requirements.

             (3)  If, at any time during which this determination is the applicable methodology for the project, the monitoring requirements are used to work out WLFG,CH4, then, the monitoring requirements must be used for that purpose for the remainder of the project.

             (4)  Subsection (3) has effect subject to section 33.

Option 2—using energy content of landfill gas sent to combustion device

             (5)  Using the energy content of the landfill gas sent to the combustion device (QEn,h), the methane sent to the combustion device during the period is worked out using the formula (equation 9):

where:

MSent,h means the methane sent to the combustion device h during the period in cubic metres.

QEn,h means the energy content of the landfill gas sent to the combustion device h during the period, in gigajoules, worked out in accordance with the monitoring requirements.

ECLFG means the energy content factor for landfill gas that is collected for combustion (methane only), in gigajoules per cubic metre, set out in Part 2 of Schedule 1 to the NGER (Measurement) Determination.

Option 3—using electricity produced by internal combustion engine

             (6)  If the combustion device is an internal combustion engine, using the electricity produced by the device (QEG,h), the methane sent to the combustion device during the period is worked out using the formula (equation 10):

where:

MSent,h means the methane sent to the combustion device h during the period, in cubic metres.

QEG,h means the electricity (supplied to the grid or used on‑site) produced by internal combustion engine h during the period, in megawatt hours, worked out in accordance with the monitoring requirements.

FMWh→GJ means the factor to convert megawatt hours to gigajoules, which is 3.6.

Effh means:

                     (a)  the factor for the electrical efficiency of internal combustion engine h determined in accordance with:

                              (i)  the manufacturer’s specifications for the combustion of landfill gas; and

                             (ii)  if the specifications set out a range of such efficiencies—the highest of those efficiencies; or

                     (b)  if no such factor can be determined in accordance with the manufacturer’s specifications—the amount set out in subparagraph 2.38(2)(a)(ii) of the NGER (Measurement) Determination.

ECLFG means the energy content factor for landfill gas that is captured for combustion (methane only), in gigajoules per cubic metre, set out in Part 2 of Schedule 1 to the NGER (Measurement) Determination.

25  Methane combusted that was not generated from carbon tax waste and that would have been oxidised in near surface conditions

                   The methane combusted during the reporting period that was not generated from carbon tax waste and that, without the project, would have been oxidised in near surface conditions of landfill, in tonnes CO2‑e, worked out using the formula (equation 11):

where:

MCom,Ox means the methane combusted during the reporting period that was not generated from carbon tax waste and that, without the project, would have been oxidised in near surface conditions of landfill, in tonnes CO2‑e.

MCom,NCT means the methane combusted during the reporting period that was not generated from carbon tax waste, in tonnes CO2‑e, worked out using equation 3.

OF means the oxidation factor for near surface methane in landfill set out in the definition of OF in subsection 5.4(1) of the NGER (Measurement) Determination.

WB means the proportion of the methane combusted in the reporting period that would have been combusted without the project worked out using whichever of equations 13 to 16 applies.

Division 4Method for calculating baseline abatement

26  Summary

Baseline abatement is calculated as the amount of methane combusted by the project that was not generated by carbon tax waste multiplied by the proportion representing the amount of methane combusted during the project that would have been combusted without the project.

The determination of this proportion depends on the type of project.

27  Baseline abatement

                   The baseline abatement for the reporting period, in tonnes CO2‑e, is worked out using the formula (equation 12):

where:

AB means the baseline abatement for the reporting period, in tonnes CO2‑e.

MCom,NCT means the methane combusted during the reporting period that was not generated from carbon tax waste, in tonnes CO2‑e, worked out using equation 3.

WB means the proportion of the methane combusted during the reporting period that would have been combusted without the project worked out using whichever of equations 13 to 16 applies.

28  Proportion of methane that would have been combusted without the project

New or recommencing project

             (1)  If the project is a new project or a recommencing project, the proportion of the methane combusted during the reporting period that would have been combusted without the project is worked out using the formula (equation 13):

where:

WB means the proportion of the methane combusted during the reporting period that would have been combusted without the project.

WB,Reg means the regulatory proportion of the methane combusted during the reporting period that would have been combusted without the project as determined using Schedule 1 to this determination.

WB,Def means the default proportion of the methane combusted during the reporting period that would have been combusted without the project, which is as follows:

                     (a)  0% if the project proponent can demonstrate that, since 24 March 2011, the landfill concerned has not been subject to:

                              (i)  legislation or regulatory guidelines for landfill; or

                             (ii)  a licence condition or development approval that includes any form of general or specific qualitative requirement to collect, control, manage or limit landfill gas, methane odour or greenhouse gases;

                     (b)  otherwise—30%.

Upgrade project

             (2)  If the project is an upgrade project, the proportion of the methane combusted during the reporting period that would have been combusted without the project is worked out using the formula (equation 14):

where:

WB means the proportion of the methane combusted during the reporting period that would have been combusted without the project.

WB,Reg means the regulatory proportion of the methane combusted during the reporting period that would have been combusted without the project determined using Schedule 1 to this determination.

WB,Def has the same meaning as in subsection (1).

WB,Ex means the proportion of the methane combusted during the reporting period that would have been combusted without the upgrade project worked out using equation 17.

Transitioning projects

             (3)  If the project is a transitioning project that was operating under the Carbon Credits (Carbon Farming Initiative) (Capture and Combustion of Methane in Landfill Gas from Legacy Waste) Methodology Determination 2012 (the legacy determination), the proportion of the methane combusted during the reporting period that would have been combusted without the project is worked out using the formula (equation 15):

where:

WB means the proportion of the methane combusted during the reporting period that would have been combusted without the project.

RP means RP as worked out under the legacy determination.

             (4)  If the project is a transitioning project that was operating under the Carbon Credits (Carbon Farming Initiative) (Capture and Combustion of Methane in Landfill Gas from Legacy Waste: Upgrade Projects) Methodology Determination 2012 (the legacy upgrade determination), the proportion of the methane combusted during the reporting period that would have been combusted without the project is worked out using the formula (equation 16):

where:

WB means the proportion of the methane combusted during the reporting period that would have been combusted without the project.

BP means Bp as worked out under the legacy upgrade determination.

             (5)  The value given to WB in subsection (1), (2), (3) or (4) must be the same throughout the crediting period.

29  Proportion of methane that would have been combusted without upgrade

             (1)  For an upgrade project, the proportion of the methane combusted during the reporting period that would have been combusted without the project is worked out using the formula (equation 17):

where:

WB,Ex means the proportion of the methane combusted during the reporting period that would have been combusted without the upgrade project.

WCom,Bef means the average proportion of the methane from the landfill that is collected and destroyed during the 2 years immediately before the upgrade is started, worked out using equation 19.

WCom,Aft means the average proportion of the methane from the landfill that is collected and destroyed during the 12 months immediately after the upgrade is completed, worked out using equation 18.

Methane collected and destroyed during 12 months after upgrade

             (2)  The average proportion of the methane from the landfill that is collected and destroyed during the 12 months immediately after the upgrade is completed is worked out using the formula (equation 18):

where:

WCom,Aft means the average proportion of the methane from the landfill that is collected and destroyed during the 12 months immediately after the upgrade is completed.

g means the factor to convert cubic metres of methane at standard conditions to tonnes of CO2‑e set out in subsection 5.4(1) of the NGER (Measurement) Determination.

MSent,h means the methane sent to the combustion device h during the reporting period, in cubic metres, worked out using equation 8, 9 or 10.

MGen,y means the methane generated by the landfill in year y, in tonnes CO2‑e, worked out using subsection 22(3).

y means the 12 months immediately after the upgrade is completed.

Methane collected and destroyed during 2 years before upgrade

             (3)  The average proportion of the methane from the landfill that is collected and destroyed during the 2 years immediately before the upgrade is started is worked out using the formula (equation 19):

where:

WCom,Bef means the average proportion of the methane from the landfill that is collected and destroyed during the 2 years immediately before the upgrade is started.

g means the factor to convert cubic metres of methane at standard conditions to tonnes of CO2‑e set out in subsection 5.4(1) of the NGER (Measurement) Determination.

Qcap,y means the quantity of methane in landfill gas collected for combustion from the landfill during year y, in cubic metres, measured as prescribed in Part 5.2 of the NGER (Measurement) Determination.

Note:          The term collected for combustion in the NGER (Measurement) Determination is intended to mean landfill methane collected for combustion for electricity generation.

Qflared,y means the quantity of methane in landfill gas from the landfill that is flared or otherwise combusted for purposes other than electricity generation during year y, in cubic metres, measured as prescribed in Part 5.2 of the NGER (Measurement) Determination.

Qtr,y means the quantity of methane in landfill gas transferred out of the landfill during year y, in cubic metres, measured as prescribed in Part 5.2 of the NGER (Measurement) Determination.

CH4*,y means the estimated quantity of methane in landfill gas generated by the landfill during year y, in tonnes CO2‑e, measured and determined in accordance with subsection (4).

y means a year in the 2 years immediately before the upgrade.

             (4)  CH4*,y is equivalent to CH4* calculated:

                     (a)  under Part 5.2 of the NGER (Measurement) Determination; and

                     (b)  in accordance with the following:

                              (i)  the reporting year is year y, where y means a year in the 2 years immediately before the upgrade;

                             (ii)  methane generation must be determined for the whole landfill as if it were a single sub‑facility zone.

             (5)  For subsection (4), if year y covers 2 financial years, use the method set out in subsection 22(8) (as if CH4gen were CH4*).

Part 5Reporting, record‑keeping and monitoring requirements

Note:       Other reporting, record‑keeping and monitoring requirements are set out in regulations and rules made under the Act.

  

Division 1Offsets report requirements

30  Operation of this Division

                   For paragraph 106(3)(a) of the Act, this Division sets out information that must be included in an offsets report about a landfill gas project that is an eligible offsets project.

31  Determination of certain factors and parameters

             (1)  If, in the circumstances described in paragraph 6(2)(b), a factor or parameter is defined or calculated for a reporting period by reference to an instrument or writing as in force from time to time, the offsets report about the project for the reporting period must include the following information for the factor or parameter:

                     (a)  the versions of the instrument or writing used;

                     (b)  the start and end dates of each use;

                     (c)  the reasons why it was not possible to define or calculate the factor or parameter by reference to the instrument or writing as in force at the end of the reporting period.

             (2)  If a parameter is determined under section 34 for the purpose of working out the carbon dioxide equivalent net abatement amount for a landfill gas project for a reporting period, the offsets report about the project for the reporting period must include the following information for the parameter:

                     (a)  the name of the parameter;

                     (b)  the start and end dates of the non‑monitored period for which the parameter was determined;

                     (c)  the value of the parameter and how that value was calculated;

                     (d)  the reasons why the project proponent failed to monitor the parameter as required by the monitoring requirements.

Division 2Monitoring requirements

32  Operation of this Division

                   For paragraph 106(3)(d) of the Act, this Division sets out:

                     (a)  requirements to monitor a landfill gas project that is an eligible offsets project (see section 33); and

                     (b)  certain consequences if the project proponent fails to monitor the project as required (see section 34).

33  Requirements to monitor certain parameters

             (1)  The project proponent for a landfill gas project must monitor and determine a parameter set out in an item of the following table in accordance with the instructions in the item.

 

Monitored parameters

 

Parameter

Description

Unit

Measurement procedure (including frequency as required)

Determination of parameter from measurements

1

QEn,h

Energy content of the landfill gas sent to combustion device h

Gigajoules

Estimated under Division 2.3.6 of the NGER (Measurement) Determination or section 6.5 of that Determination using measurement criteria AAA.

Cumulative value for reporting period

2

Oh,a

Operation of combustion device h during hour a

1 or 0

If the combustion device is a flare, operation is determined for each minute using temperature measurement.

If temperature is measured at 500 degrees Celsius or higher for 40 minutes or more in an hour, then Oh,a = 1. Otherwise Oh,a = 0.

For all other combustion devices, operation for each minute is to be determined in accordance with manufacturer’s specifications.

If the device operates according to manufacturer’s specifications for the entire hour then Oh,a = 1. Otherwise Oh,a = 0.

All measuring equipment must be used in accordance with appropriate measuring requirements

For the purpose of calculating Mcom,h in equation 7 (above), the value of Oh,a determined for an hour based on the operation of the combustion device must be paired to the cumulative value of Msent,h for the same hour

3

QLFG,h

Landfill gas sent to combustion device h

Cubic metres

Estimated under Division 2.3.6 of the NGER (Measurement) Determination using measurement criteria AAA.

Frequency—continuously

For equation 7, cumulative values for a time interval not greater than 1 hour must be paired to measurements of WLFG,CH4 for the time interval.

Otherwise, the measurements must be paired to measurements of WLFG,CH4 for the same measurement interval

4

QEG,h

Electricity (supplied to the grid or used on‑site) generated by internal combustion engine h

Megawatt hour

Estimated under Part 6.1 of the NGER (Measurement) Determination.

Measure only the electricity produced from the combustion of landfill gas (not from the combustion of other fuel types)

Cumulative value for the reporting period

5

WLFG,CH4

Fraction of the volume of landfill gas that is methane

Fraction

Estimated under Division 2.3.6 of the NGER (Measurement) Determination.

Frequency—continuously.

Measured at the same conditions as QLFG,h

For the purpose of equation 7, average values for a time interval not greater than 1 hour must be paired to measurements of QLFG,h for the time interval.

Otherwise, the measurements must be paired to measurements of QLFG,h for the same measurement interval

 

             (2)  Any equipment or device used to monitor a parameter must be calibrated by an accredited third party technician at intervals, and using methods, that are in accordance with the manufacturer’s specifications.

             (3)  In this section:

appropriate measuring requirements, in relation to a measurement or estimate, means requirements that are consistent with:

                     (a)  requirements that apply in relation to similar measurements or estimates under the NGER (Measurement) Determination; or

                     (b)  relevant standards and other requirements under the National Measurement Act 1960.

34  Consequences of not meeting requirement to monitor certain parameters

             (1)  If, during a particular period (the non‑monitored period) in a reporting period, a project proponent for a landfill gas project fails to monitor a parameter mentioned in the following table as required by the monitoring requirements, the value of the parameter for the purpose of working out the net abatement amount for the reporting period is to be determined for the non‑monitored period in accordance with the table.

 

Consequence of not meeting requirement to monitor certain parameters

Item

Parameter

Determination of parameter for non‑monitored period

1

WLFG,CH4

The parameter is:

(a) for any cumulative period of up to 3 months in any 12 months of a crediting period for the project—the amount set out in section 5.14C of the NGER (Measurement) Determination multiplied by 0.9; and

(b) for any period in excess of that 3 months—the amount set out section 5.14C of the NGER (Measurement) Determination multiplied by 0.5

2

Each of the following:

(a) QEn,h;

(b) QLFG,h;

(c) QEG,h;

The project proponent must make a conservative estimate of the parameter having regard to:

(a) any relevant measurement or estimation approaches or requirements that apply to the parameter under the NGER (Measurement) Determination; and

(b) any relevant historical data for the project; and

(c) any other data for the project that relates to the parameter; and

(d) any other matter the project proponent considers relevant

 

             (2)  To avoid doubt, this section does not prevent the Regulator from taking action under the Act, or regulations or rules made under the Act, in relation to the project proponent’s failure to monitor a parameter as required by the monitoring requirements.

Note:          Examples of action that may be taken include the following:

(a)    if the failure constitutes a breach of a civil penalty provision in section 194 of the Act (which deals with project monitoring requirements), the Regulator may apply for a civil penalty order in respect of the breach;

(b)    if false or misleading information was given to the Regulator in relation to the failure, the Regulator may revoke the project’s section 27 declaration under regulations or rules made for the purposes of section 38 of the Act;

(c)    if the giving of false or misleading information in relation to the failure led to the issue of Australian carbon credit units, the Regulator may require all or some of those units to be relinquished under section 88 of the Act.


Schedule 1Determining regulatory proportion

Note:       See subsections 28(1) and (2).

Part 1Operation of this Schedule

  

1  Operation of this Schedule

             (1)  For subsections 28(1) and (2), the regulatory proportion of the methane combusted during the reporting period that would have been combusted without the project (WB,Reg) is determined using an option set out in Parts 2 to 5.

No obligation on State and Territory environmental regulators

             (2)  To avoid doubt, this Schedule does not require the environmental regulator in a State or Territory to do anything.

Part 2Regulatory proportion determined using regulatory guidelines for landfill

  

2  Regulatory proportion determined using regulatory guidelines for landfill

             (1)  If there is no permitted methane flux rates for a State or Territory set out in the tables in subclauses 4(2) and 4(3), then, for a project located in the State or Territory, WB,Reg is 0.

             (2)  Otherwise, WB,Reg may be worked out using the formula (equation 20):

where:

WB,Reg means the regulatory proportion of the methane combusted during the reporting period that would have been combusted without the project.

MReg means the annual amount of methane that is permitted to be emitted from the landfill, in tonnes CO2‑e, worked out using equation 21.

MGen,y means the methane generated by the landfill in year y, in tonnes CO2‑e, worked out using subsection 22(3).

3  Annual amount of methane permitted to be emitted

                   The annual amount of methane that is permitted to be emitted from the landfill, in tonnes CO2‑e, is worked out using the formula (equation 21):

where:

MReg means the annual amount of methane that is permitted to be emitted from the landfill, in tonnes CO2‑e.

MReg,FI means the annual amount of methane that is permitted to be emitted from the final and intermediate cover of the landfill, in tonnes CO2‑e, worked using equation 22.

MReg,D means the annual amount of methane that is permitted to be emitted from the daily/operational cover of the landfill, in tonnes CO2‑e, determined in accordance with clause 5.

4  Annual amount of methane permitted to be emitted from final and intermediate cover

             (1)  The annual amount of methane that is permitted to be emitted from the final and intermediate cover of the landfill, in tonnes CO2‑e, is worked using the formula (equation 22):

where:

MReg,FI means the annual amount of methane that is permitted to be emitted from the final and intermediate cover of the landfill, in tonnes CO2‑e.

OF means the oxidation factor for near surface methane in landfill set out in the definition of OF in subsection 5.4(1) of the NGER (Measurement) Determination.

GWPCH4 means the global warming potential value for methane set out in regulation 2.02 of the NGER (Measurement) Determination.

Sx means the area of the landfill that is cover type x, in square metres.

Cx means the permitted methane flux rate for the landfill for cover type x, in tonnes of methane per square metre per hour, set out the applicable table in subsection (2) or (3).

x means the type of landfill cover, being either final cover or intermediate cover.

             (2)  The following table sets out permitted methane flux rates for final cover.

 

Permitted methane flux rates for final cover (Cx)

Item

State or Territory

Methane concentration limit (CH4 ppm)

Permitted methane flux rate estimated from the methane concentration limit (tCH4/m2/hr)

1

New South Wales

500

2.5 x 10‑6

2

Victoria

100

0.3 x 10‑6

3

Queensland

500

2.5 x 10‑6

4

Western Australia

500

2.5 x 10‑6

5

South Australia

n/a

n/a

6

Tasmania

500

2.5 x 10‑6

7

Australian Capital Territory

100

0.3 x 10‑6

8

Northern Territory

n/a

n/a

 

             (3)  The following table sets out permitted methane flux rates for intermediate cover.

 

Permitted methane flux rates for intermediate cover (Cx)

Item

State or Territory

Methane concentration limit (CH4 ppm)

Permitted methane flux rate estimated from the methane concentration limit (tCH4/m2/hr)

1

New South Wales

500

2.5 x 10‑6

2

Victoria

100

0.3 x 10‑6

3

Queensland

500

2.5 x 10‑6

4

Western Australia

500

2.5 x 10‑6

5

South Australia

n/a

n/a

6

Tasmania

500

2.5 x 10‑6

7

Australian Capital Territory

100

0.3 x 10‑6

8

Northern Territory

n/a

n/a

 

5  Annual amount of methane permitted to be emitted from daily/operational cover

                   The annual amount of methane that is permitted to be emitted from the daily/operational cover of the landfill (MReg,D) is equivalent to parameter MGen,y, in tonnes CO2‑e, worked out using subsection 22(3) where the calculation is based only on the waste sited vertically below the daily/operational cover.

Part 3Regulatory proportion determined by asking environmental regulator

  

6  Regulatory proportion determined by asking environmental regulator

             (1)  WB,Reg may be determined by asking the environmental regulator, in the State or Territory in which the landfill is located, to provide in writing to the project proponent the gas collection rate that would be required for the landfill to meet the most stringent methane concentration limits for the landfill that have been in force since 24 March 2011.

             (2)  The term used by the environmental regulator to express this quantitative regulatory requirement must be converted to WB,Reg in accordance with the following table:

 

Converting quantitative regulatory requirements to collection efficiency

Item

Term used by environmental regulator

Conversion to WB,Reg

1

Methane concentration limit, in parts per million methane

WB,Reg is worked out:

(a) using Part 2; but

(b) for final and intermediate cover—using the permitted methane flux rates, set out in the table in subclause (3), that correspond to the concentration limits advised by the environmental regulator

2

Permitted flux rate, in tonnes methane per square meter per hour

WB,Reg is worked out:

(a) using Part 2; but

(b) for the permitted flux rate for final and intermediate cover (Cx)—using the flux rates advised by the environmental regulator

3

Proportion of landfill gas generation required to be collected (collection efficiency)

No conversion necessary (WB,Reg is as advised by the environmental regulator)

4

Proportion of landfill gas generation allowed to be released to the atmosphere

WB,Reg is worked out as 1 minus the proportion advised by the environmental regulator

5

Annual amount of landfill gas required to be collected

WB,Reg is worked out as the amount advised by the environmental regulator, in tonnes CO2‑e, divided by the methane generated by the landfill in year y, in tonnes CO2‑e, which is equivalent to MGen,y worked out using subsection 22(3)

6

Other

WB,Reg is worked out as the annual amount of landfill gas required to be collected, in tonnes CO2‑e, determined from the requirement advised by the environmental regulator, divided by the methane generated by the landfill in year y, in tonnes CO2‑e, which is equivalent to MGen,y worked out using subsection 22(3)

 

             (3)  The following table sets out allowable flux rates for the purposes of item 1 in the table in subclause (2).

 

Determining allowable flux rates from allowable methane concentrations

Item

Methane concentration limit (CH4 ppm)

Permitted methane flux rate estimated from the methane concentration limit (tCH4/m2/hr)

1

0

0

2

50

0.1 x 10‑6

3

60

0.1 x 10‑6

4

70

0.2 x 10‑6

5

80

0.2 x 10‑6

6

90

0.2 x 10‑6

7

100

0.3 x 10‑6

8

110

0.3 x 10‑6

9

120

0.4 x 10‑6

10

130

0.4 x 10‑6

11

140

0.5 x 10‑6

12

150

0.6 x 10‑6

13

160

0.6 x 10‑6

14

170

0.7 x 10‑6

15

180

0.7 x 10‑6

16

190

0.8 x 10‑6

17

200

0.8 x 10‑6

18

210

0.9 x 10‑6

19

220

0.9 x 10‑6

20

230

1.0 x 10‑6

21

240

1.0 x 10‑6

22

250

1.0 x 10‑6

23

260

1.1 x 10‑6

24

270

1.2 x 10‑6

25

280

1.3 x 10‑6

26

290

1.3 x 10‑6

27

300

1.3 x 10‑6

28

310

1.3 x 10‑6

29

320

1.4 x 10‑6

30

330

1.4 x 10‑6

31

340

1.5 x 10‑6

32

350

1.6 x 10‑6

33

360

1.6 x 10‑6

34

370

1.8 x 10‑6

35

380

1.8 x 10‑6

36

390

1.8 x 10‑6

37

400

1.9 x 10‑6

38

410

1.9 x 10‑6

39

420

2.0 x 10‑6

40

430

2.0 x 10‑6

41

440

2.0 x 10‑6

42

450

2.2 x 10‑6

43

460

2.2 x 10‑6

44

470

2.2 x 10‑6

45

480

2.3 x 10‑6

46

490

2.3 x 10‑6

47

500

2.5 x 10‑6

 

Part 4Regulatory proportion determined by asking environmental regulator and using collection efficiency of existing landfill gas system

  

7  Regulatory proportion determined by asking environmental regulator and using collection efficiency of existing landfill gas system

             (1)  WB,Reg may be determined by asking the environmental regulator in the State or Territory in which the landfill is located whether the current gas collection rate for the landfill complies with the most stringent methane concentration limits for the landfill that have been in force since 24 March 2011.

             (2)  If the environmental regulator advises the project proponent in writing that the current gas collection for the landfill does so comply, then WB,Reg is equivalent to WCom,Bef worked out using equation 19 where:

                     (a)  year y is the 12 months immediately before the advice is given; and

                     (b)  as if the division by 2 were not part of the equation.

             (3)  To avoid doubt, subclause (1) does not apply unless the specified limits for methane concentrations for the landfill have not changed since 24 March 2011.

Part 5Regulatory proportion determined by independent expert

  

8  Regulatory proportion determined by independent expert

             (1)  WB,Reg may be determined by a person engaged by the project proponent to determine the parameter.

             (2)  The person must:

                     (a)  have no conflict of interest in determining WB,Reg; and

                     (b)  possess a relevant university degree; and

                     (c)  have more than 3 years’ experience in:

                              (i)  landfill management; and

                             (ii)  the design and operation of landfill gas collection systems; and

                     (d)  have extensive knowledge of the regulatory framework relevant to landfill gas management in the jurisdiction in which the landfill is located.

             (3)  In determining WB,Reg, the person must use the most stringent methane concentration limits for the landfill that have been in force since 24 March 2011.

             (4)  The person must provide to the project proponent, in writing, evidence that verifies:

                     (a)  the matters in paragraphs (2)(a) to (d); and

                     (b)  the calculations, assumptions, information, inputs and references used to determine WB,Reg.