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.