Commonwealth Coat of Arms of Australia

 

Ozone Protection and Synthetic Greenhouse Gas Management (Non-grandfathered Quota—2026-2027) Determination 2025

I, Bronwyn Battisson, delegate for the Minister for the Environment and Water, make the following determination.

Dated   9 July 2025  

Bronwyn Battisson

Acting Branch Head

Wildlife, Waste and Environmental Permits Branch

Department of Climate Change, Energy, the Environment and Water

 

 

 

 

1  Name

2  Commencement

3  Authority

4  Definitions

5  Simplified outline

6  Entitlement

7  Amount

 

  This instrument is the Ozone Protection and Synthetic Greenhouse Gas Management (Non-grandfathered Quota—2026-2027) Determination 2025.

  This instrument commences on the day after it is registered.

  This instrument is made under subregulation 51(4) of the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995.

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) CO2e megatonnes; and

(b) HFC quota.

Note: A number of expressions used in this instrument are defined in the Regulations, including the following:

(a) non-grandfathered quota; and

(b) HFC quota allocation period.

  In this instrument:

Act means the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989.

CO2e means carbon dioxide equivalent.

CO2e tonne means 1/1,000,000 of a CO2e megatonne.

eligible applicant means a person who is entitled to non-grandfathered quota for the HFC quota allocation period 2026-2027 pursuant to subregulation 51(1) of the Regulations, other than the Commonwealth.

Note: For entitlement to non-grandfathered quota, see subregulation 51(1) of the Regulations.

eligible applicant entitlement amount means the amount equal to:

(the non-grandfathered HFC industry limit - 130 CO2e tonnes)

÷

the number of eligible applicants who apply for non-grandfathered quota under section 6(a)

non-grandfathered HFC industry limit means 0.2125 CO2e megatonnes.

Note: The non-grandfathered HFC industry limit is the non-grandfathered percentage (5%) of the HFC industry limit (4.25 CO2e megatonnes) for the years in the fifth HFC quota allocation period.

Regulations means the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995.

This instrument specifies who is entitled to non-grandfathered quota for the fifth HFC quota allocation period (2026 and 2027) and the amount of the non-grandfathered quota to which a person is entitled. The non-grandfathered quota is allocated as follows: (a) the Department of Climate Change, Energy, the Environment and Water, on behalf of the Commonwealth, is entitled to 130 CO2e tonnes; and (b) the remaining non-grandfathered HFC industry limit is divided evenly between the eligible applicants.  

For the purposes of paragraph 51(4)(a) of the Regulations, a person is entitled to non-grandfathered quota for each of the years 2026 and 2027 if:

  1.     the person is an eligible applicant and that person makes an application for non-grandfathered quota; or
  2.     the person is the Commonwealth, as represented by the Department of Climate Change, Energy, the Environment and Water.

 

 For the purposes of paragraph 51(4)(b) of the Regulations, the amount of

non-grandfathered quota to which a person is entitled for each of the years 2026 and 2027 is:

  1.     for an eligible applicant – the eligible applicant entitlement amount; or
  2.     for the Commonwealth, as represented by the Department of Climate Change, Energy, the Environment and Water – 130 CO2e tonnes.