[pic] National Greenhouse and Energy Reporting Regulations 2008 Select Legislative Instrument 2008 No. 127 as amended made under the National Greenhouse and Energy Reporting Act 2007 This compilation was prepared on 24 April 2012 taking into account amendments up to SLI 2012 No. 52 The text of any of those amendments not in force on that date is appended in the Notes section Prepared by the Office of Legislative Drafting and Publishing, Attorney-General's Department, Canberra Contents Part 1 Preliminary 1.01 Name of Regulations [see Note 1] 10 1.02 Commencement 10 1.03 Definitions in the Regulations 10 Part 2 Interpretation Division 2.1 Purpose of Part 2.01 Purpose of Part 20 Division 2.2 Section 7 definitions 2.01A Definition of business unit 20 2.02 Definition of carbon dioxide equivalence - values specified for determining carbon dioxide equivalence 20 2.03 Definition of energy - specified fuel and other energy commodities 22 2.04 Definition of greenhouse gas - specified kinds of hydrofluorocarbons 22 2.05 Definition of greenhouse gas - specified kinds of perfluorocarbons 22 2.06 Definition of industry sector 23 2.07 Specified activities for the definition of oil or gas extraction activity 23 Division 2.3 Section 8 rules 2.08 Rules for making nominations - responsible entity for joint venture 23 2.09 Rules for revoking nominations - unilateral revocation by responsible entity for joint venture 24 2.10 Rules for revoking nominations - revocation by participants in a joint venture 26 2.11 Rules for making nominations - responsible entity for partnerships 27 2.12 Rules for revoking nominations - unilateral revocation by responsible entity for partnership 28 2.13 Rules for revoking nominations - revocation by partners in partnership 30 Division 2.4 Facilities: section 9 Subdivision 2.4.1 General 2.13A Definition 31 2.14 Meaning of overall control 31 Subdivision 2.4.2 Circumstances in which an activity or activities will form part of a single undertaking or enterprise 2.15 Purpose of Subdivision 32 2.16 Forming part of a single undertaking or enterprise - activities at a single site 32 2.17 Forming part of a single undertaking or enterprise - listed activity at different site 33 2.18 Forming part of a single undertaking or enterprise - listed activity for more than 1 single undertaking or enterprise 33 2.19 Forming part of a single undertaking or enterprise - transport sector activities 35 2.20 Forming part of a single undertaking or enterprise - electricity, gas etc activities 36 Subdivision 2.4.3 Activities attributable to industry sectors 2.21 Purpose of Subdivision 36 2.22 Activities to be attributable to the same industry sector as the principal activity 37 Division 2.5 Meaning of emissions, production and consumption: section 10 2.23 Meaning of emissions, production and consumption 38 Part 3 Registration Division 3.1 Purpose of Part 3.01 Purpose of Part 40 Division 3.2 Requirements for applications 3.02 Requirements for applications for registration - contents of applications 40 3.03 Requirements for applications for registration - form of application 41 Division 3.3 The Register 3.04 Information to be entered on the Register 41 Division 3.4 Deregistration 3.05 Requirements for applications for deregistration - content of application 43 3.06 Requirements for applications for deregistration - form of application 44 Part 4 Obligations of registered corporations etc Division 4.1 Purpose of Part 4.01 Purpose of Part 45 Division 4.2 General 4.02 Purpose and application of the Part 45 Division 4.3 General reporting requirements 4.03 Purpose of Division 46 4.04 General reporting requirements 46 Division 4.4 Reporting greenhouse gas emissions, energy production and energy consumption Subdivision 4.4.1 Purpose of Division 4.05 Purpose of Division 48 Subdivision 4.4.2 Greenhouse gas emissions from fuel combustion 4.06 Purpose of Subdivision 48 4.07 Greenhouse gas emissions from combustion of fuel 48 Subdivision 4.4.3 Greenhouse gas emissions from particular sources 4.09 Purpose of this Subdivision 49 4.10 Greenhouse gas emissions - coal mining 49 4.11 Greenhouse gas emissions - oil or gas 53 4.12 Greenhouse gas emissions - carbon capture and storage 58 4.13 Greenhouse gas emissions - mineral products 59 4.14 Greenhouse gas emissions - chemical products 65 4.15 Greenhouse gas emissions - metal products 67 4.16 Greenhouse gas emissions - hydrofluorocarbons and sulphur hexafluoride gases 70 4.17 Greenhouse gas emissions - waste 70 4.17A Report to include amount of uncertainty 82 Subdivision 4.4.4 Energy production 4.18 Purpose of Subdivision 83 4.19 Energy produced 83 4.20 Electricity produced 83 Subdivision 4.4.5 Energy consumption 4.21 Purpose of Subdivision 84 4.22 Energy consumption 84 4.23 Consumption of energy if both electricity and another product are produced 85 Division 4.5 Other reporting requirements 4.24 Purpose of Division 86 4.25 Reporting aggregated amounts from facilities 86 4.26 Reporting percentages of emissions and energy 88 4.27 Reporting about incidental emissions and energy 89 4.28 Reporting for facilities that are networks and pipelines 92 4.29 Reporting for facilities that are vertically integrated production processes 92 4.30 Reporting about contractors 94 4.31 Reporting a change in principal activity for facility 96 Division 4.6 No thresholds met 4.32 Reporting where no section 13 thresholds met 96 Division 4.7 Reporting of information by another person 4.33 Application for a determination 97 Part 5 Disclosure of information Division 5.1 Purpose of Part 5.01 Purpose of Part 99 Division 5.2 Information 5.02 Specified persons for disclosure of information 99 Part 6 Administration Division 6.1 Purpose of Part 6.01 Purpose of Part 102 Division 6.2 Other information required 6.02 Application under section 54 - other information required 102 6.03 Application under section 55 - other information required 104 6.04 Form of identity card 106 Division 6.3 Register of greenhouse and energy auditors Subdivision 6.3.1 Overview 6.05 Overview of Division 107 Subdivision 6.3.2 Register 6.06 Content of register 107 6.07 Publication of register 108 Division 6.4 Qualifications etc of applicants for registration Subdivision 6.4.1 Overview 6.08 Overview of Division 108 6.09 Overview of categories of registered greenhouse and energy auditors 109 Subdivision 6.4.2 Qualifications and status as a fit and proper person 6.10 Overview of Subdivision 109 6.11 Relevant academic qualifications 110 6.12 Applicant must be fit and proper person 110 Subdivision 6.4.3 Knowledge 6.13 Overview of Subdivision 111 6.14 NGER legislation knowledge 111 6.14A CFI legislation knowledge 111 6.15 Audit knowledge 112 6.16 Audit team leadership and assurance knowledge - Category 2 and 3 applicants 112 Subdivision 6.4.4 Experience 6.17 Overview of Subdivision 113 6.18 Meaning of eligible referee 113 6.19 Auditing experience required for applicants for Category 1 registration 113 6.20 Auditing experience required for applicants for Category 2 registration 114 6.21 Auditing experience required for applicants for Category 3 registration 114 Division 6.5 Registration of greenhouse and energy auditors Subdivision 6.5.1 Overview 6.22 Overview of Division 115 Subdivision 6.5.2 Obtaining registration 6.23 Form and content of applications for registration 116 6.24 Incomplete applications 117 6.25 Decisions on applications 117 Subdivision 6.5.3 Reviewing registration 6.26 Review of registration 118 6.27 Registered greenhouse and energy auditor to provide reasonable facilities and assistance for review 119 Subdivision 6.5.4 Suspension of registration 6.28 Overview 119 6.29 Regulator may give notice of intention to suspend registration 119 6.30 Action on Regulator's notice 120 6.31 Registered greenhouse and energy auditor may request suspension 121 6.32 Duration and effect of suspension 122 Subdivision 6.5.5 Deregistration 6.33 Overview 122 6.34 Regulator may give notice of intention to deregister 122 6.35 Action on Regulator's notice 123 6.36 Deceased registered greenhouse and energy auditor must be deregistered 124 6.37 Registered greenhouse and energy auditor may request deregistration 124 Subdivision 6.5.6 Inspections 6.38 Overview of Subdivision 124 6.39 When inspections may be undertaken 125 6.40 Who may undertake or assist in an inspection 125 6.41 Notice of inspection 125 6.42 Inspector to act independently 126 6.43 Inspection of audit documents 127 6.44 Auditor to provide reasonable facilities and assistance for inspection 127 Division 6.6 Requirements to be met to maintain registration Subdivision 6.6.1 Overview 6.45 Overview of Division 127 Subdivision 6.6.2 Compliance with Code of Conduct 6.46 Code of Conduct 128 Subdivision 6.6.3 General independence requirements 6.47 Conflict of interest situation 131 6.48 Meaning of engages in audit activity 134 6.49 Meaning of conflict of interest situation 134 6.50 Meaning of professional members of the audit team 134 Subdivision 6.6.4 Independence requirements in specific audit situations 6.51 Audit team leader to comply with requirements of this Subdivision 135 6.52 Audit team leader not to engage in audit activity during occurrence of certain circumstances 135 6.53 Audit team leader must cease to be leader 136 6.54 Audit team leader must seek exemption etc for team member 136 6.55 Relevant items for persons and entities 137 6.56 Relevant relationships 138 6.57 Exceptions to relevant relationships 140 Subdivision 6.6.5 Other independence requirements 6.58 Audit team leader disqualified after working with audited body in certain cases 142 6.59 Audit team leader rotation requirement 143 Subdivision 6.6.6 Insurance 6.60 Registered greenhouse and energy auditor must have insurance 143 Subdivision 6.6.7 Conditions 6.61 Conditions 145 6.62 How conditions are imposed 146 6.63 Restrictions on audit team leader accepting audit 147 Subdivision 6.6.8 Other requirements 6.64A Definition 147 6.64 Registered auditor must continue to be fit and proper person 147 6.65 Continuing professional development requirements 148 6.66 Participation in audits 149 6.67 Notice requirements - change in circumstances 149 6.68 Notice requirements of audit team leaders 149 6.69 Requirement to give report 150 6.70 Retention of audit records 151 Subdivision 6.6.8 Exemptions 6.71 Regulator may grant exemptions in certain cases 151 Division 6.7 Other matters 6.72 Legislative instrument 152 6.73 Review by AAT of decisions of Regulator 152 Schedule 1 Fuels and other energy commodities specified for the purposes of the definition of energy in section 7 of Act 154 Schedule 2 Meaning of industry sector for the purposes of section 7 of the Act 158 Notes 166 Part 1 Preliminary 1.01 Name of Regulations [see Note 1] These Regulations are the National Greenhouse and Energy Reporting Regulations 2008. 1.02 Commencement These Regulations commence on 1 July 2008. 1.03 Definitions in the Regulations In these Regulations: ABN or Australian Business Number has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999. ACN has the meaning given by section 9 of the Corporations Act 2001. Act means the National Greenhouse and Energy Reporting Act 2007. affected group member, for a financial year, means a member of a controlling corporation's group that meets, or that the chief executive officer of the controlling corporation is satisfied is likely to meet, 1 or more of the following requirements: (a) if the group meets, or is likely to meet, 1 or more of the thresholds for the financial year under paragraph 13 (1) (a), (b) or (c) of the Act - the member has operational control of a facility for at least part of the financial year; (b) if the group meets, or is likely to meet, a threshold for the financial year under paragraph 13 (1) (d) of the Act - the member has operational control of a facility the operation of which during the financial year causes, or is likely to cause, the group to meet the threshold; (c) if the controlling corporation makes an application under section 14 of the Act during the financial year - the member is undertaking or is proposing to undertake a greenhouse gas project to which the application relates; (d) a subsidiary of the member meets, or is likely to meet, 1 or more of the requirements in paragraphs (a), (b) and (c) during the financial year. ANZSIC division means a division identified by an alpha character published in the Australian and New Zealand Standard Industrial Classification (ANZSIC), 2006. ANZSIC industry classification and code means an industry classification and code for that classification published in the Australian and New Zealand Standard Industrial Classification (ANZSIC), 2006. ARBN has the meaning given by section 9 of the Corporations Act 2001. Audit Determination means the National Greenhouse and Energy Reporting (Audit) Determination 2009. Note The determination is made under subsection 75 (1) of the Act. audited body means a registered corporation, a person referred to in section 20 of the Act or a project proponent, in respect of whose compliance with the Act, the regulations or the CFI Act a greenhouse and energy audit or CFI audit is to be, or is being, carried out. Auditor Registration Instrument means the legislative instrument made by the Regulator 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 theMeasurement 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 theMeasurement 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 gas project . group . member . official of the Regulator . registered greenhouse and energy auditor . Regulator . 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 |Global | | | |formula |Warming | | | | |Potentia| | | | |l (GWP) | |1 |Carbon dioxide |CO2 |1 | |2 |Methane |CH4 |21 | |3 |Nitrous oxide |N2O |310 | |4 |Sulphur |SF6 |23 900 | | |hexafluoride | | | |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 |1 000 | | | |(CHF2CHF2) | | |11 |HFC-134a |C2H2F4 |1 300 | | | |(CH2FCF3) | | |12 |HFC-143 |C2H3F3 |300 | | | |(CHF2CH2F) | | |13 |HFC-143a |C2H3F3 |3 800 | | | |(CF3CH3) | | |14 |HFC-152a |C2H4F2 |140 | | | |(CH3CHF2) | | |15 |HFC-227ea |C3HF7 |2 900 | |16 |HFC-236fa |C3H2F6 |6 300 | |17 |HFC-245ca |C3H3F5 |560 | |18 |Perfluoromethane |CF4 |6 500 | | |(tetrafluoromethane| | | | |) | | | |19 |Perfluoroethane |C2F6 |9 200 | | |(hexafluoroethane) | | | |20 |Perfluoropropane |C3F8 |7 000 | |21 |Perfluorobutane |C4F10 |7 000 | |22 |Perfluorocyclobutan|c-C4F8 |8 700 | | |e | | | |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 |CF4 | | |(tetrafluoromethan| | | |e) | | |2 |Perfluoroethane |C2F6 | | |(hexafluoroethane)| | |3 |Perfluoropropane |C3F8 | |4 |Perfluorobutane |C4F10 | |5 |Perfluorocyclobuta|c-C4F8 | | |ne | | |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 Regulator and published in the Gazette; and (e) be given by a participant in the joint venture to the Regulator. (3) A nomination takes effect when it is given to the Regulator. 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 Regulator 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 Regulator. (5) The notice to the Regulator 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 Regulator 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 Regulator and published in the Gazette. (7) A revocation takes effect on the later of the day on which the Regulator 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 Regulator 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 Regulator and published in the Gazette. (3) A revocation takes effect on the later of the day on which the Regulator 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 Regulator and published in the Gazette; and (e) be given by a partner to the Regulator. (3) A nomination takes effect when it is given to the Regulator. 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 Regulator 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 Regulator. (5) The notice to the Regulator 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 Regulator 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 Regulator and published in the Gazette. (7) A revocation takes effect on the later of the day on which the Regulator 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 Regulator 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 Regulator and published in the Gazette. (3) A revocation takes effect on the later of the day on which the Regulator 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 Regulator 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 Regulator 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 Regulator 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 Regulator 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 Regulator 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 | (a) the location of| | | |the source, as |the mine by State or| | | |set out in the |Territory | | | |Measurement |(b) the tonnes of | | | |Determination |raw coal produced | | | | |(c) the tonnes of | | | | |coal mine waste gas | | | | |flared | | | |Methods 2 and 3| (a) the location of| | | |for the source,|the mine by State or| | | |as set out in |Territory | | | |the Measurement|(b) the tonnes of | | | |Determination |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 |Method 1 for | (a) the location of| | |mine |the source, as |the mine by State or| | | |set out in the |Territory | | | |Measurement |(b) whether the mine| | | |Determination |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 | (a) the location of| | | |the source, as |the mine by State or| | | |set out in the |Territory | | | |Measurement |(b) the tonnes of | | | |Determination |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|Method 1 for | (a) the location of| | |underground |the source, as |the mine by State or| | |mines |set out in the |Territory | | | |Measurement |(b) whether the mine| | | |Determination |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 | (a) the location of| | | |the source, as |the mine by State or| | | |set out in the |Territory | | | |Measurement |(b) the tonnes of | | | |Determination |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 |Method 1 for | (a) the tonnes of | | |exploration |the source, as |gas flared | | | |set out in the |(b) the tonnes of | | | |Measurement |liquids flared | | | |Determination | | | | |Methods 2 and 3| (a) the tonnes of | | | |for the source,|gas flared | | | |as set out in |(b) the tonnes of | | | |the Measurement|liquid flared | | | |Determination | | | | | | (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 |Method 1 for | (a) the tonnes of | | |production |the source, as |crude oil throughput| | | |set out in the | | | | |Measurement |(b) the tonnes of | | | |Determination |liquids flared | | | | |(c) the tonnes of | | | | |gas flared | | | |Method 2 for | (a) the tonnes of | | | |the source, as |crude oil | | | |set out in the |throughput; | | | |Measurement |(b) the facility | | | |Determination |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 |Method 1 for |the tonnes of | | |transport |the source, as |indigenous crude oil| | | |set out in the |transported to | | | |Measurement |Australian | | | |Determination |refineries | | | |Method 2 for | (a) the tonnes of | | | |the source, as |indigenous crude oil| | | |set out in the |transported to | | | |Measurement |Australian | | | |Determination |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 |Method 1 for | (a) the tonnes of | | |refining |the source, as |crude oil refined | | | |set out in the |(b) the tonnes of | | | |Measurement |crude oil stored | | | |Determination |(c) the tonnes of | | | | |gas that is flared | | | | |(d) the tonnes of | | | | |gas that is vented, | | | | |by individual | | | | |greenhouse gas | | | |Methods 2, 3 | (a) the tonnes of | | | |and 4 for the |crude oil refined | | | |source, as set |(b) the tonnes of | | | |out in the |crude oil stored | | | |Measurement |(c) the tonnes of | | | |Determination |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 |Method 1 for |the tonnes of | | |production or |the source, as |natural gas | | |processing |set out in the |throughput | | |(other than |Measurement | | | |venting or |Determination | | | |flaring) | | | | | |Method 2 for | (a) the tonnes of | | | |the source, as |natural gas | | | |set out in the |throughput | | | |Measurement |(b) the facility | | | |Determination |specific emission | | | | |factor expressed in | | | | |tonnes of each gas | | | | |(CO2-e) per tonne of| | | | |gas throughput | |6 |Natural gas |Method 1 for | (a) terajoules of | | |transmission |the source, as |natural gas | | | |set out in the |transmission | | | |Measurement |throughput | | | |Determination |(b) kilometres of | | | | |pipeline length | | | |Method 2 for | (a) terajoules of | | | |the source, as |natural gas | | | |set out in the |transmission | | | |Measurement |throughput | | | |Determination |(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 |Method 1 for | (a) terajoules of | | |distribution |the source, as |utility sales; | | | |set out in the |(b) location of the | | | |Measurement |natural gas | | | |Determination |distribution | | | |Method 2 for | (a) terajoules of | | | |the source, as |utility sales | | | |set out in the |(b) location of the | | | |Measurement |natural gas | | | |Determination |distribution | | | | |(c) the facility | | | | |specific emission | | | | |factor expressed in | | | | |tonnes of each gas | | | | |(CO2-e) per tonne of| | | | |gas throughput | |8 |Natural gas |Method 1 for |the tonnes of gas | | |production or |the source, as |flared | | |processing - |set out in the | | | |flaring |Measurement | | | | |Determination | | | | |Methods 2 and 3| (a) the tonnes of | | | |for the source,|gas flared | | | |as set out in |(b) the facility | | | |the Measurement|specific emission | | | |Determination |factor expressed in | | | | |tonnes of emissions | | | | |(CO2-e) per tonne of| | | | |gas flared | |9 |Natural gas |Method 4 for |the tonnes of vented| | |production or |the source, as |gas | | |processing - |set out in the | | | |venting |Measurement | | | | |Determination | | 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|Method 1 for | (a) the tonnes of | | |production |the source, as |clinker produced | | | |set out in the |(b) the tonnes of | | | |Measurement |cement kiln dust | | | |Determination |produced | | | | |(c) the degree of | | | | |calcination of | | | | |cement kiln dust | | | | |produced | | | |Methods 2 and 4| (a) the tonnes of | | | |for the source,|clinker produced | | | |as set out in |(b) the tonnes of | | | |the Measurement|cement kiln dust | | | |Determination |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 | (a) the tonnes of | | | |the source, as |calcium carbonate | | | |set out in the |(pure) calcined | | | |Measurement |(b) the tonnes of | | | |Determination |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 |Method 1 for | (a) the tonnes of | | |production |the source, as |commercial lime | | | |set out in the |produced | | | |Measurement |(b) the tonnes of | | | |Determination |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 | (a) the tonnes of | | | |the source, as |lime produced | | | |set out in the |(b) the tonnes of | | | |Measurement |lime kiln dust | | | |Determination |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 |Method 1 for | (a) the tonnes of | | |carbonate for |the source, as |limestone calcined | | |the production|set out in the |(b) the tonnes of | | |of a mineral |Measurement |dolomite calcined | | |product other |Determination |(c) the tonnes of | | |than cement | |magnesium carbonate | | |clinker, lime,| |calcined | | |or soda ash | | | | | | | (d) the degree of | | | | |calcination of the | | | | |carbonate during the| | | | |year | | | | | (e) the tonnes of | | | | |any other pure | | | | |carbonate calcined | | | |Method 3 for | (a) the tonnes of | | | |the source, as |calcium carbonate | | | |set out in the |(pure) calcined | | | |Measurement |(b) the tonnes of | | | |Determination |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 tonnes of each | | | |the source, as |pure carbonate | | | |set out in the |calcined | | | |Measurement | | | | |Determination | | |4 |Soda ash use |Method 1 for |the tonnes of soda | | | |the source, as |ash consumed | | | |set out in the | | | | |Measurement | | | | |Determination | | |5 |Soda ash |Method 1 for | (a) the tonnes of | | |production |the source, as |limestone consumed | | | |set out in the |(b) the tonnes of | | | |Measurement |dolomite consumed | | | |Determination |(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 | (a) the facility | | | |and 4 for the |specific emission | | | |source, as set |factor for soda ash | | | |out in the |production expressed| | | |Measurement |in kilograms of | | | |Determination |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 |Method 1 for | (a) the tonnes of | | |production |the source, as |ammonia produced | | | |set out in the |(b) the tonnes of | | | |Measurement |carbon dioxide | | | |Determination |recovered and | | | | |transferred from the| | | | |facility | | | | |(c) the tonnes of | | | | |carbon dioxide | | | | |recovered and used | | | | |for urea production | | | |Methods 2, 3 | (a) the tonnes of | | | |and 4 for the |ammonia produced | | | |source, as set |(b) the tonnes of | | | |out in the |carbon dioxide | | | |Measurement |recovered and | | | |Determination |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 |Method 1 for | (a) the tonnes of | | |production |the source, as |nitric acid | | | |set out in the |production; | | | |Measurement |(b) tonnes CO2-e | | | |Determination |emission factor | | | | |(plant type); | | | |Methods 2, 3 | (a) the tonnes of | | | |and 4 for the |nitric acid produced| | | |source, as set | | | | |out in the |(b) the facility | | | |Measurement |specific emissions | | | |Determination |factor expressed in | | | | |tonnes of emissions | | | | |(CO2-e) per tonne of| | | | |nitric acid produced| |3 |Adipic acid | |the tonnes of adipic| | |production | |acid produced | |4 |Carbide | |the tonnes of | | |production | |carbide produced | |5 |Chemical or |Method 1 for |the tonnes of | | |mineral |the source, as |product produced | | |production, |set out in the | | | |other than |Measurement | | | |carbide |Determination | | | |production, | | | | |using a carbon| | | | |reductant | | | | | |Methods 2, 3 | (a) the tonnes of | | | |and 4 for the |product produced | | | |source, as set |(b) the facility | | | |out in the |specific emissions | | | |Measurement |factor expressed in | | | |Determination |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|Method 1 for | (a) the tonnes of | | |other metal |the source, as |iron produced for | | |production |set out in the |sale | | |using an |Measurement |(b) the tonnes of | | |integrated |Determination |crude steel produced| | |metalworks | | | | | | |(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 | (a) the facility | | | |and 4 for the |specific emission | | | |source, as set |factor expressed in | | | |out in the |kilograms of CO2-e | | | |Measurement |per gigajoule of | | | |Determination |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 |Methods 2, 3 |the facility | | |production |and 4 for the |specific emission | | | |source, as set |factor expressed in | | | |out in the |kilograms of CO2-e | | | |Measurement |per gigajoule of | | | |Determination |fuel consumed | |3 |Aluminium |Method 1 for |the amount of | | |production |the source, as |primary aluminium | | | |set out in the |produced in tonnes | | | |Measurement |during the year | | | |Determination | | | | |Methods 2, 3 | (a) the facility | | | |and 4 for the |specific emission | | | |source, as set |factor expressed in | | | |out in the |kilograms of CO2-e | | | |Measurement |per gigajoule of | | | |Determination |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 |Methods 2, 3 |the facility | | |other metals |and 4 for the |specific emissions | | | |source, as set |factor expressed in | | | |out in the |kilograms of CO2-e | | | |Measurement |per gigajoule of | | | |Determination |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 I 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 |Method 1 for | (a) the location | | |disposal on |the source, as|of the landfill | | |land |set out in the|site by State or | | | |Measurement |Territory | | | |Determination |(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 | (a) the location | | | |3 for the |of the landfill | | | |source, as set|site by State or | | | |out in the |Territory | | | |Measurement |(b) the number of | | | |Determination |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 |Method 1 for | (a) the tonnes of| | |handling |the source, as|industrial | | |(industrial) |set out in the|wastewater produced| | | |Measurement |by commodity type | | | |Determination | | | | | | (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 | (a) the tonnes of | | | |3 for the |industrial | | | |source, as set|wastewater produced| | | |out in the |by commodity type | | | |Measurement |(b) the tonnes of | | | |Determination |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 |Method 1 for | (a) the population| | |handling |the source, as|served by the | | |(domestic or |set out in the|wastewater | | |commercial) |Measurement |treatment plant | | | |Determination |(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 | (a) the population| | | |3 for the |served by the | | | |source, as set|wastewater | | | |out in the |treatment plant | | | |Measurement |(b) the tonnes of | | | |Determination |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 |Methods 1 and |the tonnes of waste| | |incineration |4 for the |incinerated | | | |source, as set| | | | |out in the | | | | |Measurement | | | | |Determination | | 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 State or Territory to which the facility's activities are attributable; and (ii) if the facility is a transport facility or a network or pipeline facility-the street address of the facility (if any); and (iii) if the facility is not a transport facility or a network or pipeline facility-either of the following: (A) the latitude and longitude of the site where the activities constituting the facility are undertaken; (B) the street address of the facility (if any). (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 |ANZSIC divisions | | |alpha | | | |charact| | | |er | | |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 Regulator 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 Regulator 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 Regulator 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 Regulator 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 Regulator 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 Regulator 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 Regulator 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 Regulator 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 Regulator 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 Regulator 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 Regulator 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 Regulator. (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 Regulator 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 Regulator 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 Regulator 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 Regulator 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 Regulator: (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 Regulator 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 Regulator intends to review the registration of a registered greenhouse and energy auditor, the Regulator 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 Regulator 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 Regulator 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 Regulator: (a) under subregulation 6.30 (1); or (b) if requested by the auditor - under regulation 6.31. 6.29 Regulator may give notice of intention to suspend registration (1) The Regulator 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 Regulator must give written notice to the auditor of the Regulator'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 Regulator 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 Regulator'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 Regulator 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 Regulator 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 Regulator 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 Regulator 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 Regulator 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 Regulator 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 Regulator 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 Regulator: (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 Regulator 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 Regulator: (a) under regulation 6.35 or regulation 6.36; or (b) if requested by the auditor - under regulation 6.37. 6.34 Regulator may give notice of intention to deregister (1) The Regulator 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 Regulator may deregister the auditor only if the auditor's registration has previously been suspended under regulation 6.30. (3) Before deregistering the auditor, the Regulator must give written notice to the auditor of the Regulator'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 Regulator'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 Regulator 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 Regulator must, as soon as practicable after receiving that response, deregister the auditor. 6.36 Deceased registered greenhouse and energy auditor must be deregistered The Regulator must deregister a registered greenhouse and energy auditor if the Regulator 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 Regulator 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 Regulator considers that deregistration under this regulation would not cause significant inconvenience (for example, because an audit is underway), the Regulator 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 Regulator 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 Regulator may undertake the inspection or appoint any of the following persons to undertake an inspection: (a) an official of the Regulator; (b) another registered greenhouse and energy auditor; (c) a person, other than a registered greenhouse and energy auditor, who the Regulator is satisfied has the knowledge, skills and experience equivalent to a registered greenhouse and energy auditor. (2) The Regulator may appoint a person mentioned in subregulation (1) to assist with an inspection. 6.41 Notice of inspection (1) The Regulator must give a written notice to a registered greenhouse and energy auditor of the Regulator'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 Regulator: (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 Regulator 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 Regulator - 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 Regulator 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 Regulator 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 Regulator, 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 Regulator 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 Regulator 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 Regulator 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 Regulator 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 Regulator 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 |the relevant items of| | |entity ... |the table in | | | |subregulation | | | |6.56 (2) are ... | |1 |the audit team leader |1 to 16 | |2 |a service company or |1 to 16 | | |trust acting for, or | | | |on behalf of, the | | | |audit team leader, or | | | |another entity | | | |performing a similar | | | |function | | |3 |a professional member |1 to 16 | | |of the audit team | | | |carrying out the audit| | |4 |an immediate family |1 to 16 | | |member of audit team | | | |leader of the audit | | | |team carrying out the | | | |audit | | |5 |an immediate family |1 to 9 | | |member of a | | | |professional member of| | | |the audit team | | | |carrying out the audit| | |6 |an entity that the |6, 8 to 16 | | |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 | | |7 |a body corporate in |6, 8 to 16 | | |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 | | 6.56 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 Regulator. (2) The Regulator may impose the conditions on or after registration. (3) The Regulator may impose the conditions only if the Regulator thinks that it is necessary to do so to address concerns the Regulator 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 Regulator 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 Regulator intends to impose a condition on the registration of a registered greenhouse and energy auditor, the Regulator 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 Regulator, in writing, within 14 days after the notice is given setting out why the Regulator should not impose the condition or should impose a different condition; and (c) that if the auditor does so respond, the Regulator 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 Regulator must consider the response and any other relevant information and make a decision about the condition; and (b) the Regulator must give written notice of the decision to the auditor including, if the Regulator 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 Regulator 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 Regulator, 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 Regulator 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 Regulator 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 Regulator may accept an alternative audit. 6.67 Notice requirements - change in circumstances (1) A registered greenhouse and energy auditor must notify the Regulator 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 Regulator 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 Regulator if the auditor accepts the position of audit team leader from a person other than the Regulator. (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 Regulator 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 Regulator 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 Regulator 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 Regulator 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 Regulator may, in writing, grant the audit team leader the exemption if the Regulator 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 Regulator; (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 Regulator is satisfied that the findings of the audit will not be affected by the conflict or circumstances. (4) If the Regulator 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 Regulator 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 Regulator Application may be made to the Administrative Appeals Tribunal for review of a decision of the Regulator: (a) under regulation 6.30 to suspend the registration of a registered greenhouse and energy auditor; or (b) under regulation 6.31 to refuse to suspend the registration of a registered greenhouse and energy auditor; or (c) under regulation 6.35 to deregister a registered greenhouse and energy auditor; or (d) under regulation 6.37 to refuse to deregister a registered greenhouse and energy auditor; or (e) under regulation 6.62 to impose a condition on the registration of a registered greenhouse and energy auditor; or (f) under regulation 6.71 to refuse an application for an exemption as provided for in that regulation. Schedule 1 Fuels and other energy commodities specified for the purposes of the definition of energy in section 7 of Act (regulation 2.03) |Item |Fuels and other energy commodities | |Solid fossil fuels and coal based products | |1 |Black coal (other than that used to produce coke) | |2 |Brown coal | |3 |Coking coal | |4 |Coal briquettes | |5 |Coal coke | |6 |Coal tar | |7 |Solid fossil fuels other than those mentioned in | | |items 1 to 5 | |Fuels derived from recycled materials | |8 |Industrial materials and tyres that are derived | | |from fossil fuels, if recycled and combusted to | | |produce heat or electricity | |9 |Non-biomass municipal materials, if recycled and | | |combusted to produce heat or electricity | |Primary solid biomass fuels | |10 |Dry wood | |11 |Green and air dried wood | |12 |Sulphite lyes | |13 |Bagasse | |14 |Biomass municipal and industrial materials, if | | |recycled and combusted to produce heat or | | |electricity | |15 |Charcoal | |16 |Primary solid biomass fuels other than those | | |mentioned in items 10 to 15 | |Gaseous fossil fuels | |17 |Natural gas distributed in a pipeline | |18 |Coal seam methane that is captured for combustion | |19 |Coal mine waste gas that is captured for | | |combustion | |20 |Compressed natural gas | |21 |Unprocessed natural gas | |22 |Ethane | |23 |Coke oven gas | |24 |Blast furnace gas | |25 |Town gas | |26 |Liquefied natural gas | |27 |Gaseous fossil fuels other than those mentioned in| | |items 17 to 26 | |Biogas captured for combustion | |28 |Landfill biogas that is captured for combustion | |29 |Sludge biogas that is captured for combustion | |30 |A biogas that is captured for combustion, other | | |than those mentioned in items 28 to 29 | |Petroleum based oils and petroleum based greases | |31 |Petroleum based oils (other than petroleum based | | |oils used as fuel) | |32 |Petroleum based greases | |Petroleum based products other than petroleum based | |oils and petroleum based greases | |33 |Crude oil including crude oil condensates | |34 |Other natural gas liquids | |35 |Gasoline (other than for use as fuel in an | | |aircraft) | |36 |Gasoline for use as fuel in an aircraft | |37 |Kerosene (other than for use as fuel in an | | |aircraft) | |38 |Kerosene for use as fuel in an aircraft | |39 |Heating oil | |40 |Diesel oil | |41 |Fuel oil | |42 |Liquefied aromatic hydrocarbons | |43 |Solvents if mineral turpentine or white spirits | |44 |Liquefied petroleum gas | |45 |Naphtha | |46 |Petroleum coke | |47 |Refinery gas and liquids | |48 |Refinery coke | |49 |Bitumen (including bitumen production), other than| | |consumption for non-combustion purposes | |50 |Waxes | |51 |Petroleum based products other than: | | |(a) petroleum based oils and petroleum based | | |greases mentioned in items 31 to 32 | | |(b) petroleum based products mentioned in items 33| | |to 50 | |Biofuels | |52 |Biodiesel | |53 |Ethanol for use as a fuel in an internal | | |combustion engine | |54 |Biofuels other than those mentioned in items 52 to| | |53 | |Petrochemical feedstock | |55 |Carbon black if used as a petrochemical feedstock | |56 |Ethylene if used as a petrochemical feedstock | |57 |Petrochemical feedstock other than those mentioned| | |in items 55 to 56 | |Energy commodities | |58 |Sulphur | |59 |Solar energy for electricity generation | |60 |Wind energy for electricity generation | |61 |Water energy for electricity generation | |62 |Geothermal energy for electricity generation | |63 |Uranium | |64 |Hydrogen | |65 |Electricity | |66 |Energy commodities other than those mentioned in | | |items 58 to 65 and in the form of steam, | | |compressed air or waste gas acquired by any means | | |from outside the facility boundary (regardless of | | |whether any payment or exchange has been made) | | |either to produce heat or for another purpose | Schedule 2 Meaning of industry sector for the purposes of section 7 of the Act (regulation 2.06) |Item|ANZSIC|ANZSIC Industry classification | | |Code | | |1 |440 |Accommodation | |2 |821 |Adult, community and other education | |3 |694 |Advertising services | |4 |331 |Agricultural product wholesaling | |5 |01 |Agriculture | |6 |05 |Agriculture, forestry and fishing support | | | |services | |7 |490 |Air and space transport | |8 |522 |Airport operations and other air transport | | | |support services | |9 |913 |Amusement and other recreation activities | |10 |02 |Aquaculture | |11 |692 |Architectural, engineering and technical | | | |services | |12 |941 |Automotive repair and maintenance | |13 |641 |Auxiliary finance and investment services | |14 |642 |Auxiliary insurance services | |15 |117 |Bakery product manufacturing | |16 |181 |Basic chemical manufacturing | |17 |211 |Basic ferrous metal manufacturing | |18 |212 |Basic ferrous product manufacturing | |19 |213 |Basic non-ferrous metal manufacturing | |20 |214 |Basic non-ferrous metal product | | | |manufacturing | |21 |182 |Basic polymer manufacturing | |22 |121 |Beverage manufacturing | |23 |731 |Building cleaning, pest control and | | | |gardening services | |24 |451 |Cafes, restaurants and takeaway food | | | |services | |25 |203 |Cement, lime, plaster and concrete product | | | |manufacturing | |26 |621 |Central banking | |27 |751 |Central government administration | |28 |202 |Ceramic product manufacturing | |29 |871 |Child care services | |30 |122 |Cigarette and tobacco product manufacturing | |31 |955 |Civic, professional and other interest group| | | |services | |32 |185 |Cleaning compound and toiletry preparation | | | |manufacturing | |33 |135 |Clothing and footwear manufacturing | |34 |425 |Clothing, footwear and personal accessory | | | |retailing | |35 |453 |Clubs (hospitality) | |36 |060 |Coal mining | |37 |380 |Commission-based wholesaling | |38 |242 |Computer and electronic equipment | | | |manufacturing | |39 |700 |Computer system design and related services | |40 |091 |Construction material mining | |41 |32 |Construction services | |42 |152 |Converted paper product manufacturing | |43 |900 |Creative and performing arts activities | |44 |113 |Dairy product manufacturing | |45 |592 |Data processing, web hosting & electronic | | | |information storage services | |46 |760 |Defence | |47 |426 |Department stores | |48 |622 |Depository financial intermediation | |49 |244 |Domestic appliance manufacturing | |50 |822 |Educational support services | |51 |422 |Electrical and electronic goods retailing | |52 |243 |Electrical equipment manufacturing | |53 |263 |Electricity distribution | |54 |261 |Electricity generation | |55 |262 |Electricity transmission | |56 |721 |Employment services | |57 |101 |Exploration | |58 |662 |Farm animal and bloodstock leasing | |59 |183 |Fertiliser and pesticide manufacturing | |60 |624 |Financial asset investing | |61 |04 |Fishing, hunting and trapping | |62 |03 |Forestry and logging | |63 |114 |Fruit and vegetable processing | |64 |400 |Fuel retailing | |65 |952 |Funeral, crematorium and cemetery services | |66 |251 |Furniture manufacturing | |67 |373 |Furniture, floor covering and other goods | | | |wholesaling | |68 |421 |Furniture, floor coverings, houseware and | | | |textile goods retailing | |69 |920 |Gambling activities | |70 |270 |Gas supply | |71 |201 |Glass and glass product manufacturing | |72 |755 |Government representation | |73 |116 |Grain mill and cereal product manufacturing | |74 |360 |Grocery, liquor and tobacco product | | | |wholesaling | |75 |423 |Hardware, building and garden supplies | | | |retailing | |76 |310 |Heavy and civil engineering construction | |77 |912 |Horse and dog racing activities | |78 |840 |Hospitals | |79 |63 |Insurance and superannuation funds | |80 |570 |Internet publishing and broadcasting | |81 |591 |Internet service providers and web search | | | |portals | |82 |221 |Iron and steel forging | |83 |754 |Justice | |84 |134 |Knitted product manufacturing | |85 |132 |Leather tanning, fur dressing, and leather | | | |product manufacturing | |86 |693 |Legal and accounting services | |87 |601 |Libraries and archives | |88 |753 |Local government administration | |89 |141 |Log sawmilling and timber dressing | |90 |942 |Machinery and equipment repair and | | | |maintenance | |91 |696 |Management and related consulting services | |92 |695 |Market research and statistical services | |93 |111 |Meat and meat product manufacturing | |94 |85 |Medical and other health care services | |95 |223 |Metal container manufacturing | |96 |080 |Metal ore mining | |97 |332 |Mineral, metal and chemical wholesaling | |98 |55 |Motion picture and sound recording | | | |activities | |99 |231 |Motor vehicle and motor vehicle part | | | |manufacturing | |100 |350 |Motor vehicle and motor vehicle parts | | | |wholesaling | |101 |661 |Motor vehicle and transport equipment rental| | | |and hiring | |102 |392 |Motor vehicle parts and tyre retailing | |103 |391 |Motor vehicle retailing | |104 |891 |Museum operation | |105 |192 |Natural rubber product manufacturing | |106 |541 |Newspaper, periodical, book and directory | | | |publishing | |107 |623 |Non-depository financing | |108 |664 |Non-financial intangible assets (except | | | |copyrights) leasing | |109 |302 |Non-residential building construction | |110 |431 |Non-store retailing | |111 |115 |Oil and fat manufacturing | |112 |070 |Oil and gas extraction | |113 |264 |On selling electricity and electricity | | | |market operation | |114 |729 |Other administrative services | |115 |189 |Other basic chemical product manufacturing | |116 |229 |Other fabricated metal product manufacturing| |117 |119 |Other food product manufacturing | |118 |663 |Other goods and equipment rental and hiring | |119 |602 |Other information services | |120 |249 |Other machinery and equipment manufacturing | |121 |349 |Other machinery and equipment wholesaling | |122 |259 |Other manufacturing | |123 |109 |Other mining support services | |124 |099 |Other non-metallic mineral mining and | | | |quarrying | |125 |209 |Other non-metallic mineral product | | | |manufacturing | |126 |953 |Other personal services | |127 |699 |Other professional, scientific and technical| | | |services | |128 |949 |Other repair and maintenance | |129 |879 |Other social assistance services | |130 |239 |Other transport equipment manufacturing | |131 |529 |Other transport support services | |132 |149 |Other wood product manufacturing | |133 |732 |Packaging services | |134 |892 |Parks and gardens operations | |135 |951 |Personal care services | |136 |170 |Petroleum and coal product manufacturing | |137 |184 |Pharmaceutical and medicinal product | | | |manufacturing | |138 |427 |Pharmaceutical and other store-based | | | |retailing | |139 |372 |Pharmaceutical and toiletry goods | | | |wholesaling | |140 |502 |Pipeline and other transport | |141 |191 |Polymer product manufacturing | |142 |510 |Postal and courier pick-up and delivery | | | |services | |143 |80 |Preschool and school education | |144 |161 |Printing and printing support services | |145 |96 |Private households employing staff and | | | |undifferentiated goods-and-service-producing| | | |activities of households for own use | |146 |241 |Professional and scientific equipment | | | |manufacturing | |147 |671 |Property operators | |148 |771 |Public order and safety services | |149 |452 |Pubs, taverns and bars | |150 |151 |Pulp, paper and paperboard manufacturing | |151 |245 |Pump, compressor, heating and ventilation | | | |equipment manufacturing | |152 |561 |Radio broadcasting | |153 |471 |Rail freight transport | |154 |472 |Rail passenger transport | |155 |672 |Real estate services | |156 |424 |Recreational goods retailing | |157 |772 |Regulatory services | |158 |954 |Religious services | |159 |162 |Reproduction of recorded media | |160 |301 |Residential building construction | |161 |860 |Residential care services | |162 |432 |Retail commission-based buying and/or | | | |selling | |163 |461 |Road freight transport | |164 |462 |Road passenger transport | |165 |501 |Scenic and sightseeing transport | |166 |691 |Scientific research services | |167 |112 |Seafood processing | |168 |224 |Sheet metal product manufacturing (except | | | |metal structural & container products) | |169 |542 |Software publishing | |170 |412 |Specialised food retailing | |171 |341 |Specialised industrial machinery and | | | |equipment wholesaling | |172 |246 |Specialised machinery and equipment | | | |manufacturing | |173 |911 |Sports and physical recreation activities | |174 |752 |State government administration | |175 |222 |Structural product manufacturing | |176 |118 |Sugar confectionary manufacturing | |177 |411 |Supermarket and grocery stores | |178 |580 |Telecommunications services | |179 |562 |Television broadcasting | |180 |810 |Tertiary education | |181 |131 |Textile manufacturing | |182 |133 |Textile product manufacturing | |183 |371 |Textile, clothing and footwear wholesaling | |184 |333 |Timber and hardware goods wholesaling | |185 |722 |Travel agency and tour arrangement services | |186 |697 |Veterinary services | |187 |530 |Warehousing and storage services | |188 |291 |Waste collection services | |189 |292 |Waste treatment, disposal and remediation | | | |services | |190 |481 |Water freight transport | |191 |482 |Water passenger transport | |192 |281 |Water supply, sewerage and drainage services| |193 |521 |Water transport support services | Notes to the National Greenhouse and Energy Reporting Regulations 2008 Note 1 The National Greenhouse and Energy Reporting Regulations 2008 (in force under the National Greenhouse and Energy Reporting Act 2007) as shown in this compilation comprise Select Legislative Instrument 2008 No. 127 amended as indicated in the Tables below. For all relevant information pertaining to application, saving or transitional provisions see Table A. Table of Instruments |Year and |Date of FRLI|Date of |Application,| |Number |registration|commencement |saving or | | | | |transitional| | | | |provisions | |2008 No. 127|26 June 2008|1 July 2008 | | | |(see | | | | |F2008L02230)| | | |2009 No. 28 |26 Feb 2009 |15 Mar 2009 (see |R. 4 | | |(see |r. 2) | | | |F2009L00711)| | | |2009 No. 378|16 Dec 2009 |17 Dec 2009 |- | | |(see | | | | |F2009L04573)| | | |2011 No. 115|30 June 2011|Rr. 1-3 and |R. 4 | | |(see |Schedule 1: | | | |F2011L01380)|1 July 2011 | | | | |Schedule 2: (see | | | | |r. 2 (b) and Note| | | | |2) | | |2011 No. 269|7 Dec 2011 |8 Dec 2011 |- | | |(see | | | | |F2011L02584)| | | |2012 No. 33 |23 Mar 2012 |2 Apr 2012 (see |- | | |(see |s. 2 and | | | |F2012L00672)|F2011L02617) | | |2012 No. 52 |23 Apr 2012 |Ss. 1-3 and |- | | |(see |Schedule 1: 24 | | | |F2012L00911)|Apr 2011 | | | | |Schedule 2: (see | | | | |(a) and Note 3) | | (a) Section 2 of SLI 2012 No. 52 provides as follows: This regulation commence as follows: (b) Immediately after the commencement of Schedule 2 to the National Greenhouse and Energy Reporting Amendment Regulations 2011 (No. 1) (SLI 2011 No. 115)-Schedule 2 Schedule 2 to the National Greenhouse and Energy Reporting Amendment Regulations 2011 (No. 1) commences on 1 July 2012. Table of Amendments |ad. = added or inserted am. = amended rep. = | |repealed rs. = repealed and substituted | |Provision affected|How affected | |Part 1 | | |R. 1.03 |am. 2009 Nos. 28 and 378; 2011 Nos. | | |115 and 269; 2012 No. 33 | |Note to r. 1.03 |rs. 2009 Nos. 28 and 378 | | |am. 2011 No. 269 | | |rs. 2012 No. 33 | |Part 2 | | |Division 2.2 | | |R. 2.01A |ad. 2009 No. 28 | |R. 2.02 |rs. 2009 No. 28 | |Division 2.3 | | |R. 2.08 |am. 2009 No. 28; 2012 No. 33 | |R. 2.09 |am. 2009 No. 28; 2012 No. 33 | |R. 2.10 |am. 2009 No. 28; 2012 No. 33 | |R. 2.11 |am. 2009 No. 28; 2012 No. 33 | |R. 2.12 |am. 2009 No. 28; 2012 No. 33 | |R. 2.13 |am. 2009 No. 28; 2012 No. 33 | |Division 2.4 | | |Subdivision 2.4.1 | | |R. 2.13A |ad 2011 No. 115 | |Subdivision 2.4.2 | | |R. 2.18 |rs. 2009 No. 28 | |Part 3 | | |Division 3.2 | | |R. 3.02 |am. 2009 No. 28 | |R. 3.03 |am. 2009 No. 28; 2012 No. 33 | |Division 3.3 | | |R. 3.04 |am. 2009 Nos. 28 and 378; 2012 No. 33 | |Division 3.4 | | |R. 3.05 |am. 2009 No. 28; 2011 No. 115 | |R. 3.06 |am. 2009 No. 28; 2012 No. 33 | |Part 4 | | |Division 4.2 | | |R. 4.02 |am. 2012 No. 33 | |Division 4.3 | | |R. 4.04 |am. 2009 No. 28; 2011 No. 115 | |Note to r. 4.04 |ad. 2011 No. 115 | |(3) | | |Division 4.4 | | |Subdivision 4.4.2 | | |Heading to Subdiv.|rs. 2009 No. 378 | |4.4.2 | | |of Div. 4.4 | | |R. 4.06 |am. 2009 No. 378 | |R. 4.07 |rs. 2009 No. 378 | |R. 4.08 |rep. 2009 No. 378 | |Subdivision 4.4.3 | | |Heading to r. 4.10|rs. 2009 No. 378 | |R. 4.10 |am. 2009 No. 378 | |Heading to r. 4.11|rs. 2009 No. 378 | |R. 4.11 |am. 2009 No. 378 | |Heading to r. 4.12|rs. 2009 No. 378 | |Heading to r. 4.13|rs. 2009 No. 378 | |R. 4.13 |am. 2009 No. 378; 2011 No. 115 | |Heading to r. 4.14|rs. 2009 No. 378 | |R. 4.14 |am. 2009 No. 378 | |Heading to r. 4.15|rs. 2009 No. 378 | |R. 4.15 |am. 2009 No. 378 | |Heading to r. 4.16|rs. 2009 No. 378 | |R. 4.16 |am. 2009 No. 378 | |Heading to r. 4.17|rs. 2009 No. 378 | |R. 4.17 |am. 2009 No. 378; 2011 No. 115 | |R. 4.17A |ad. 2009 No. 378 | |Subdivision 4.4.4 | | |R. 4.19 |am. 2011 No. 115 | |R. 4.20 |am. 2009 Nos. 28 and 378; 2011 No. 115| |Note to r. 4.20 |ad. 2011 No. 115 | |(2) | | |Subdivision 4.4.5 | | |R. 4.22 |am. 2009 No. 378; 2011 No. 115 | |Note to r. 4.22 |ad. 2011 No. 115 | |(3) | | |R. 4.23 |am. 2009 No. 378; 2011 No. 115 | |Note to r. 4.23 |ad. 2011 No. 115 | |(3) | | |Division 4.5 | | |R. 4.25 |am. 2009 No. 28; 2011 No. 115; 2012 | | |No. 52 | |R. 4.26 |am. 2009 No. 378 | |R. 4.27 |am. 2009 No. 378 | |R. 4.29 |am. 2009 No. 28 | |R. 4.30 |rs. 2009 No. 28 | |Division 4.7 | | |R. 4.33 |am. 2009 No. 28; 2011 No. 115; 2012 | | |No. 33 | |Part 5 | | |Division 5.2 | | |R. 5.02 |rs. 2009 No. 28 | | |am. 2009 No. 378; 2011 Nos. 115 and | | |269 | |Part 6 | | |Division 6.2 | | |R. 6.02 |am. 2009 No. 28; 2011 No. 115 | |Note to r. 6.02 |ad. 2011 No. 115 | |(1) | | |R. 6.03 |am. 2009 No. 28; 2011 No. 115 | |Note to r. 6.03 |ad. 2011 No. 115 | |R. 6.04 |ad. 2009 No. 28 | |Division 6.3 | | |Div. 6.3 to Part 6|ad. 2009 No. 378 | |Subdivision 6.3.1 | | |R. 6.05 |ad. 2009 No. 378 | |Subdivision 6.3.2 | | |R. 6.06 |ad. 2009 No. 378 | | |am. 2011 No. 269 | |Note to r. 6.06 |am. 2011 No. 269 | |R. 6.07 |ad. 2009 No. 378 | | |am. 2011 No. 269; 2012 No. 33 | |Note to r. 6.07 |am. 2011 No. 269 | |Division 6.4 | | |Div. 6.4 to Part 6|ad. 2009 No. 378 | |Subdivision 6.4.1 | | |R. 6.08 |ad. 2009 No. 378 | |R. 6.09 |ad. 2009 No. 378 | | |am. 2011 No. 269 | |Subdivision 6.4.2 | | |R. 6.10 |ad. 2009 No. 378 | |R. 6.11 |ad. 2009 No. 378 | | |rs. 2011 No. 115 | |R. 6.12 |ad. 2009 No. 378 | | |am. 2012 No. 33 | |Subdivision 6.4.3 | | |R. 6.13 |ad. 2009 No. 378 | |R. 6.14 |ad. 2009 No. 378 | | |am. 2012 No. 33 | |R. 6.14A |ad. 2011 No. 269 | | |am. 2012 No. 33 | |R. 6.15 |ad. 2009 No. 378 | | |am. 2012 No. 33 | |R. 6.16 |ad. 2009 No. 378 | | |am. 2012 No. 33 | |Subdivision 6.4.4 | | |R. 6.17 |ad. 2009 No. 378 | |R. 6.18 |ad. 2009 No. 378 | |R. 6.19 |ad. 2009 No. 378 | | |am. 2012 No. 33 | |R. 6.20 |ad. 2009 No. 378 | | |am. 2012 No. 33 | |R. 6.21 |ad. 2009 No. 378 | | |am. 2012 No. 33 | |Division 6.5 | | |Div. 6.5 to Part 6|ad. 2009 No. 378 | |Subdivision 6.5.1 | | |R. 6.22 |ad. 2009 No. 378 | |Subdivision 6.5.2 | | |R. 6.23 |ad. 2009 No. 378 | | |am. 2012 No. 33 | |Note to r. 6.23 |am. 2011 No. 269 | |(2) | | |R. 6.24 |ad. 2009 No. 378 | | |am. 2012 No. 33 | |Note to r. 6.24 |am. 2012 No. 33 | |(2) | | |R. 6.25 |ad. 2009 No. 378 | | |am. 2011 No. 269; 2012 No. 33 | |Subdivision 6.5.3 | | |R. 6.26 |ad. 2009 No. 378 | | |am. 2012 No. 33 | |R. 6.27 |ad. 2009 No. 378 | | |am. 2012 No. 33 | |Subdivision 6.5.4 | | |R. 6.28 |ad. 2009 No. 378 | | |am. 2012 No. 33 | |Heading to r. 6.29|am. 2012 No. 33 | |R. 6.29 |ad. 2009 No. 378 | | |am. 2011 No. 269; 2012 No. 33 | |Heading to r. 6.30|am. 2012 No. 33 | |R. 6.30 |ad. 2009 No. 378 | | |am. 2012 No. 33 | |R. 6.31 |ad. 2009 No. 378 | | |am. 2012 No. 33 | |R. 6.32 |ad. 2009 No. 378 | |Subdivision 6.5.5 | | |R. 6.33 |ad. 2009 No. 378 | | |am. 2012 No. 33 | |Heading to r. 6.34|am. 2012 No. 33 | |R. 6.34 |ad. 2009 No. 378 | | |am. 2011 No. 269; 2012 No. 33 | |Heading to r. 6.35|am. 2012 No. 33 | |R. 6.35 |ad. 2009 No. 378 | | |am. 2012 No. 33 | |R. 6.36 |ad. 2009 No. 378 | | |am. 2012 No. 33 | |R. 6.37 |ad. 2009 No. 378 | | |am. 2012 No. 33 | |Subdivision 6.5.6 | | |R. 6.38 |ad. 2009 No. 378 | | |am. 2011 No. 269 | |Note to r. 6.38 |am. 2012 No. 33 | |R. 6.39 |ad. 2009 No. 378 | | |am. 2011 No. 269 | |R. 6.40 |ad. 2009 No. 378 | | |am. 2012 No. 33 | |R. 6.41 |ad. 2009 No. 378 | | |am. 2011 No. 269; 2012 No. 33 | |R. 6.42 |ad. 2009 No. 378 | |R. 6.43 |ad. 2009 No. 378 | | |am. 2011 No. 269 | |R. 6.44 |ad. 2009 No. 378 | |Division 6.6 | | |Div. 6.6 to Part 6|ad. 2009 No. 378 | |Subdivision 6.6.1 | | |R. 6.45 |ad. 2009 No. 378 | | |am. 2012 No. 33 | |Subdivision 6.6.2 | | |R. 6.46 |ad. 2009 No. 378 | | |am. 2011 No. 269 | |Subdivision 6.6.3 | | |R. 6.47 |ad. 2009 No. 378 | | |am. 2011 No. 269; 2012 No. 33 | |Note to r. 6.47 |am. 2012 No. 33 | |(1) | | |R. 6.48 |ad. 2009 No. 378 | | |am. 2011 No. 269 | |R. 6.49 |ad. 2009 No. 378 | | |am. 2011 No. 269 | |R. 6.50 |ad. 2009 No. 378 | | |am. 2011 No. 269 | |Subdivision 6.6.4 | | |R. 6.51 |ad. 2009 No. 378 | | |am. 2011 No. 269 | |R. 6.52 |ad. 2009 No. 378 | |R. 6.53 |ad. 2009 No. 378 | | |am. 2011 No. 269; 2012 No. 33 | |R. 6.54 |ad. 2009 No. 378 | | |am. 2011 No. 269; 2012 No. 33 | |R. 6.55 |ad. 2009 No. 378 | |R. 6.56 |ad. 2009 No. 378 | | |am. 2011 No. 269 | |R. 6.57 |ad. 2009 No. 378 | |Subdivision 6.6.5 | | |R. 6.58 |ad. 2009 No. 378 | | |am. 2011 No. 269 | |R. 6.59 |ad. 2009 No. 378 | | |am. 2011 No. 269 | |Subdivision 6.6.6 | | |R. 6.60 |ad. 2009 No. 378 | | |am. 2011 No. 269 | |Subdivision 6.6.7 | | |R. 6.61 |ad. 2009 No. 378 | | |am. 2011 No. 269; 2012 No. 33 | |R. 6.62 |ad. 2009 No. 378 | | |am. 2012 No. 33 | |R. 6.63 |ad. 2009 No. 378 | | |am. 2011 No. 269; 2012 No. 33 | |Subdivision 6.6.8 | | |R. 6.64A |ad. 2011 No. 116 | | |am. 2012 No. 33 | |R. 6.64 |ad. 2009 No. 378 | | |am. 2012 No. 33 | |R. 6.65 |ad. 2009 No. 378 | | |am. 2012 No. 33 | |Heading to r. 6.66|rs. 2011 No. 115 | |R. 6.66 |ad. 2009 No. 378 | | |am. 2011 Nos. 115 and 269; 2012 No. 33| |R. 6.67 |ad. 2009 No. 378 | | |am. 2012 No. 33 | |R. 6.68 |ad. 2009 No. 378 | | |am. 2011 Nos. 115 and 269; 2012 No. 33| |R. 6.69 |ad. 2009 No. 378 | | |am. 2011 Nos. 115 and 269; 2012 No. 33| |R. 6.70 |ad. 2009 No. 378 | | |am. 2011 No. 269 | |Subdivision 6.6.8 | | |(second occurring)| | |Heading to r. 6.71|am. 2012 No. 33 | |R. 6.71 |ad. 2009 No. 378 | | |am. 2011 No. 269; 2012 No. 33 | |Division 6.7 | | |Div. 6.7 to Part 6|ad. 2009 No. 378 | |R. 6.72 |ad. 2009 No. 378 | | |am. 2012 No. 33 | |Heading to r. 6.73|am. 2012 No. 33 | |R. 6.73 |ad. 2009 No. 378 | | |am. 2012 No. 33 | |Schedule 1 | | |Schedule 1 |am. 2011 No. 115 | Note 2 National Greenhouse and Energy Reporting Amendment Regulations 2011 (No. 1) (2011 No. 115) The following amendments commence on 1 July 2012: Schedule 2 [1] Regulation 1.03, after definition of affected group member insert anthracite means coal having a volatile matter of less than 14.0% on a dry ash-free basis. [2] Regulation 1.03, after definition of Australian Statistician insert bituminous coal means coal having: (a) a volatile matter of not less than 14.0% on a dry ash-free basis; and (b) gross specific energy of either: (i) not less than 26.50 megajoules per kilogram on an ash-free moist basis; or (ii) not less than 24.00 megajoules per kilogram on an ash-free moist basis if the crucible swelling number is not less than one. [3] Regulation 1.03, definition of brown coal substitute brown coal means coal having a gross specific energy of less than 19.00 megajoules per kilogram on an ash-free moist basis. [4] Regulation 1.03, after definition of source insert sub-bituminous coal means coal having a gross specific energy of: (a) 19.00-23.99 megajoules per kilogram on an ash-free moist basis; or (b) if the crucible swelling number is 0 or 1/2 - 19.00-26.49 megajoules per kilogram on an ash-free moist basis. [5] Subregulation 4.14, table, item 5 substitute |5 |Chemical or |Method 1 for | (a) the tonnes of | | |mineral |the source, as |chemical or mineral | | |production, |set out in the |products, containing| | |other than |Measurement |carbon, produced | | |carbide |Determination |(b) the carbon | | |production, | |content of the | | |using a carbon| |chemical or mineral | | |reductant or | |products, containing| | |carbon anode | |carbon, produced in | | | | |tonnes of carbon per| | | | |tonne of output | | | | |(c) the tonnes of | | | | |solid waste | | | | |by-products, | | | | |containing carbon, | | | | |produced by the | | | | |activity | | | | |(d) the average | | | | |carbon content | | | | |factor of solid | | | | |waste by-products | | | | |expressed as tonnes | | | | |of carbon per tonne | | | | |of solid waste | | | | |by-product | | | | | (e) the change in | | | | |stock, containing | | | | |carbon, for the | | | | |activity measured in| | | | |tonnes | | | | |(f) the carbon | | | | |content factor of | | | | |the change in stock | | | | |expressed as tonnes | | | | |of carbon per tonne | | | | |of stock | | | |Methods 2, 3 | (a) the tonnes of | | | |and 4 for the |chemical or mineral | | | |source, as set |products, containing| | | |out in the |carbon, produced | | | |Measurement |(b) the carbon | | | |Determination |content of the | | | | |chemical or mineral | | | | |products, containing| | | | |carbon, produced in | | | | |tonnes of carbon per| | | | |tonne of output | | | | |(c) the tonnes of | | | | |solid waste | | | | |by-products, | | | | |containing carbon, | | | | |produced by the | | | | |activity | | | | |(d) the average | | | | |carbon content | | | | |factors of solid | | | | |waste by-products | | | | |expressed as tonnes | | | | |of carbon per tonne | | | | |of solid waste | | | | |by-product | | | | |(e) the change in | | | | |stock, containing | | | | |carbon, for the | | | | |activity measured in| | | | |tonnes | | | | | (f) the carbon | | | | |content factor of | | | | |the change in stock | | | | |expressed as tonnes | | | | |of carbon per tonne | | | | |of stock | | | | |(g) the facility | | | | |specific carbon | | | | |content factor of | | | | |fuel or carbonaceous| | | | |input material | | | | |consumed expressed | | | | |as tonnes of carbon | | | | |per tonne of fuel | [6] Subregulation 4.15 (2), table, items 1 and 2 substitute |1 |Iron, steel or|Method 1 for | (a) the tonnes of | | |other metal |the source, as |iron produced for | | |production |set out in the |sale | | |using an |Measurement |(b) the carbon | | |integrated |Determination |content of the iron | | |metalworks | |produced for sale in| | | | |tonnes of carbon per| | | | |tonne of output | | | | |(c) the tonnes of | | | | |crude steel produced| | | | | | | | | |(d) the carbon | | | | |content factor of | | | | |the crude steel in | | | | |tonnes of carbon per| | | | |tonne of output | | | | |(e) the tonnes of | | | | |solid waste | | | | |by-product, | | | | |containing carbon, | | | | |produced by the | | | | |activity | | | | | (f) the average | | | | |carbon content | | | | |factor of solid | | | | |waste by-products, | | | | |containing carbon, | | | | |expressed as tonnes | | | | |of carbon per tonne | | | | |of waste by-product | | | | |(g) the change in | | | | |stock, containing | | | | |carbon, for the | | | | |activity measured in| | | | |tonnes | | | | |(h) the carbon | | | | |content factor of | | | | |the change in stock | | | | |expressed as tonnes | | | | |of carbon per tonne | | | | |of stock | | | | | (i) the tonnes of | | | | |coke transferred | | | | |beyond the boundary | | | | |of the activity | | | | |(j) the tonnes of | | | | |coal tar transferred| | | | |beyond the boundary | | | | |of the activity | | | |Methods 2, 3 | (a) the tonnes of | | | |and 4 for the |iron produced for | | | |source, as set |sale | | | |out in the |(b) the carbon | | | |Measurement |content of the iron | | | |Determination |produced for sale in| | | | |tonnes of carbon per| | | | |tonne of output | | | | |(c) the tonnes of | | | | |crude steel produced| | | | | | | | | |(d) the carbon | | | | |content factor of | | | | |the crude steel in | | | | |tonnes of carbon per| | | | |tonne of output | | | | | (e) the facility | | | | |specific carbon | | | | |content factor of | | | | |fuel consumed | | | | |expressed as tonnes | | | | |of carbon per tonne | | | | |of fuel | | | | |(f) tonnes of solid | | | | |waste by-product, | | | | |containing carbon, | | | | |produced by the | | | | |activity | | | | | (g) the average | | | | |carbon content | | | | |factor of solid | | | | |waste by-products, | | | | |containing carbon, | | | | |expressed as tonnes | | | | |of carbon per tonne | | | | |of waste by-product | | | | | (h) the change in | | | | |stock, containing | | | | |carbon, for the | | | | |activity measured in| | | | |tonnes | | | | | (i) the carbon | | | | |content factor of | | | | |the change in stock | | | | |expressed as tonnes | | | | |of carbon per tonne | | | | |of stock | | | | |(j) the tonnes of | | | | |coke transferred | | | | |beyond the boundary | | | | |of the activity | | | | |(k) the tonnes of | | | | |coal tar transferred| | | | |beyond the boundary | | | | |of the activity | |2 |Ferroalloys |Method 1 for | (a) the tonnes of | | |production |the source, as |ferroalloys produced| | | |set out in the |containing carbon | | | |Measurement |(b) the carbon | | | |Determination |content factor of | | | | |the ferroalloy | | | | |produced in the | | | | |activity in tonnes | | | | |of carbon per tonne | | | | |of output | | | | | (c) the tonnes of | | | | |solid waste | | | | |by-products, | | | | |containing carbon, | | | | |produced by the | | | | |activity | | | | |(d) the average | | | | |carbon content | | | | |factors of solid | | | | |waste by-products | | | | |expressed as tonnes | | | | |of carbon per tonne | | | | |of solid waste | | | | |by-product | | | | |(e) the change in | | | | |stock, containing | | | | |carbon, for the | | | | |activity measured in| | | | |tonnes | | | | |(f) the carbon | | | | |content factor of | | | | |the change in stock | | | | |expressed as tonnes | | | | |of carbon per tonne | | | | |of stock | | | |Methods 2, 3 | (a) the tonnes of | | | |and 4 for the |ferroalloy, | | | |source, as set |containing carbon, | | | |out in the |produced | | | |Measurement |(b) the carbon | | | |Determination |content factor of | | | | |the ferroalloy | | | | |produced in the | | | | |activity in tonnes | | | | |of carbon per tonne | | | | |of output | | | | | (c) the tonnes of | | | | |solid waste | | | | |by-products, | | | | |containing carbon, | | | | |produced by the | | | | |activity | | | | |(d) the average | | | | |carbon content | | | | |factor of solid | | | | |waste by-products | | | | |expressed as tonnes | | | | |of carbon per tonne | | | | |of solid waste | | | | |by-product | | | | | (e) the change in | | | | |stock, containing | | | | |carbon, for the | | | | |activity measured in| | | | |tonnes | | | | |(f) the carbon | | | | |content factor of | | | | |the change in stock | | | | |expressed as tonnes | | | | |of carbon per tonne | | | | |of stock | | | | |(g) the facility | | | | |specific carbon | | | | |content factor of | | | | |fuel consumed | | | | |expressed as tonnes | | | | |of carbon per tonne | | | | |of fuel | [7] Subregulation 4.15 (2), table, item 4 substitute |4 |Production of |Method 1 for | (a) the tonnes of | | |other metals |the source, as |other metals | | | |set out in the |produced | | | |Measurement |(b) the carbon | | | |Determination |content of the other| | | | |metals produced in | | | | |tonnes of carbon per| | | | |tonne of output | | | | |(c) the tonnes of | | | | |solid waste | | | | |by-products, | | | | |containing carbon, | | | | |produced by the | | | | |activity | | | | |(d) the average | | | | |carbon content | | | | |factor of solid | | | | |waste by-products | | | | |expressed as tonnes | | | | |of carbon per tonne | | | | |of solid waste | | | | |by-product | | | | |(e) the change in | | | | |stock, containing | | | | |carbon, for the | | | | |activity measured in| | | | |tonnes | | | | |(f) the carbon | | | | |content factor of | | | | |the change in stock | | | | |expressed as tonnes | | | | |of carbon per tonne | | | | |of stock | | | |Methods 2, 3 | (a) the tonnes of | | | |and 4 for the |other metal produced| | | |source, as set | | | | |out in the |(b) the carbon | | | |Measurement |content factor of | | | |Determination |the other metal in | | | | |tonnes of carbon per| | | | |tonne of output | | | | | (c) the tonnes of | | | | |solid waste | | | | |by-products, | | | | |containing carbon, | | | | |produced by the | | | | |activity | | | | |(d) the average | | | | |carbon content | | | | |factors of solid | | | | |waste by-products | | | | |expressed as tonnes | | | | |of carbon per tonne | | | | |of solid waste | | | | |by-product | | | | |(e) the change in | | | | |stock, containing | | | | |carbon, for the | | | | |activity measured in| | | | |tonnes | | | | |(f) the carbon | | | | |content factor of | | | | |the change in stock | | | | |expressed as tonnes | | | | |of carbon per tonne | | | | |of stock | | | | |(g) the facility | | | | |specific carbon | | | | |content factor of | | | | |fuel consumed | | | | |expressed as tonnes | | | | |of carbon per tonne | | | | |of fuel | [8] Schedule 1, item 1 substitute |1 |Bituminous coal | |1A |Sub-bituminous coal | |1B |Anthracite | As at 24 April 2012 the amendments are not incorporated in this compilation. Note 3 National Greenhouse and Energy Reporting Amendment Regulations 2012 (No. 1) (2011 No. 52) The following amendments commence on 1 July 2012: Schedule 2 [1] Regulation 1.03, heading substitute 1.03 Definitions [2] Regulation 1.03, definition of audited body omit registered corporation, a person referred to in section 20 of the Act or a project proponent, insert person [3] Regulation 1.03 insert biofuel means a liquid fuel derived or recovered from biomass. [4] Regulation 1.03 insert biogas means a gaseous fuel derived or recovered from biomass. [5] Regulation 1.03 insert biomass means non-fossilised and biodegradable organic material originating from plants, animals and micro-organisms, and includes: (a) products, by-products, residues and waste from industry, including the agriculture and forestry industries; and (b) non-fossilised and biodegradable organic components of commercial and industrial, construction and demolition, and municipal waste. [6] Regulation 1.03 insert captured for combustion, in relation to gas, means a gas that is captured and: (a) combusted to produce useable heat or electricity; or (b) injected into a pipeline. [7] Regulation 1.03, definition of carbon capture and storage omit [8] Regulation 1.03 insert coal mine waste gas means a substance that: (a) consists of: (i) naturally occurring hydrocarbons; or (ii) a naturally occurring mixture of hydrocarbons and non- hydrocarbons; and (b) is: (i) drained from: (A) a coal mine that is covered by a lease (however described) that authorises coal mining; or (B) a closed coal mine that is, or was, covered by a lease (however described) that authorises, or authorised, coal mining; or (ii) conveyed in a ventilation air shaft or duct to the surface of a mine mentioned in subparagraph (i). [9] Regulation 1.03 insert coal seam methane means a substance that: (a) consists of: (i) naturally occurring hydrocarbons; or (ii) a naturally occurring mixture of hydrocarbons and non- hydrocarbons; and (b) consists mainly of methane; and (c) is drained from a coal seam; and (d) is not coal mine waste gas; and (e) has not been injected into a natural gas supply pipeline. [10] Regulation 1.03, definition of compressed natural gas substitute compressed natural gas means natural gas that is sourced from a vessel (other than a pipeline) where the gas is contained in a gaseous state and compressed to more than 18 megapascals. [11] Regulation 1.03, definition of consumption omit subregulation 2.23 (4). insert regulation 2.26. [12] Regulation 1.03 insert covered emission has the same meaning as in the Clean Energy Act 2011. [13] Regulation 1.03 insert decommissioned underground mine means an underground coal mine where the following activities have not occurred for at least the previous 12 months, and are not expected to occur in the future: (a) coal production; (b) drainage of methane from the mine (including pre-draining activities); (c) active mine ventilation, including the operation of ventilation fans at the mine. [14] Regulation 1.03 insert designated joint venture has the same meaning as in the Clean Energy Act 2011. [15] Regulation 1.03, definition of efficiency method omit [16] Regulation 1.03, definition of emissions omit [17] Regulation 1.03 insert exempt landfill emissions has the same meaning as in the Clean Energy Act 2011. [18] Regulation 1.03, definition of facilities of the corporation substitute facility of the person means a facility about which the person is required to report under Part 3, 3A, 3D, 3E or 3F of the Act. [19] Regulation 1.03, definition of feedstock substitute feedstock has the same meaning as in the Clean Energy Act 2011. [20] Regulation 1.03 insert Greater Sunrise unit area has the same meaning as in the Clean Energy Act 2011. [21] Regulation 1.03, definition of landfill gas substitute landfill biogas means a biogas that is derived from the decomposition of biomass in landfill. [22] Regulation 1.03 insert landfill facility has the same meaning as in the Clean Energy Act 2011. [23] Regulation 1.03 insert large gas consuming facility has the same meaning as in the Clean Energy Act 2011. [24] Regulation 1.03 insert legacy emissions has the same meaning as in the Clean Energy Act 2011. [25] Regulation 1.03, definition of liquid aromatic hydrocarbons substitute liquefied aromatic hydrocarbons means hydrocarbons that consist mainly of benzene, toluene and xylene. [26] Regulation 1.03 insert liquefied natural gas means natural gas that is sourced from a process or vessel where the gas is in a liquid state. [27] Regulation 1.03 insert liquid petroleum fuel means the following: (a) excisable goods (within the meaning given by subsection 4 (1) of the Excise Act 1901) classified to item 10 (other than subitem 10.19A, 10.19B, 10.19C or 10.19D) of the Schedule to the Excise Tariff Act 1921; (b) imported goods that would be classified to that item (other than subitem 10.19A, 10.19B, 10.19C or 10.19D) if the goods were manufactured in Australia. [28] Regulation 1.03 insert liquid petroleum gas has the same meaning as liquefied petroleum gas in subsection 3 (1) of the Excise Tariff Act 1921. [29] Regulation 1.03, definition of network facility substitute network or pipeline facility means a facility that is in an industry sector mentioned in subregulation 2.20 (2). [30] Regulation 1.03 insert natural gas means a substance that: (a) is in a gaseous state at standard temperature and pressure; and (b) consists of: (i) naturally occurring hydrocarbons; or (ii) a naturally occurring mixture of hydrocarbons and non- hydrocarbons; and (c) consists mainly of methane; and (d) has been injected into a natural gas supply pipeline. [31] Regulation 1.03 insert natural gas supply pipeline has the same meaning as in the Clean Energy Act 2011. [32] Regulation 1.03 insert obligation transfer number has the same meaning as in the Clean Energy Act 2011. [33] Regulation 1.03 insert personal identification number means a unique number issued by the Regulator to identify a particular person. [34] Regulation 1.03, definition of petroleum coke substitute petroleum coke means a solid substance that: (a) consists mainly of carbon; and (b) is derived from the cracking of hydrocarbons in petroleum refining; and (c) is not refinery coke. [35] Regulation 1.03 insert primary fuel or energy commodity means a fuel or energy commodity extracted or captured from natural sources with minimal processing, and includes the fuels and energy commodities mentioned in Schedule 1 as being primary fuels or energy commodities. [36] Regulation 1.03, definition of production omit subregulation 2.23 (3). insert regulation 2.25. [37] Regulation 1.03, definition of project proponent omit [38] Regulation 1.03, definition of refinery coke substitute refinery coke means a solid substance that: (a) consists mainly of carbon; and (b) is deposited on a catalyst used in the cracking process in petroleum refining. Note Refinery coke is not easily recoverable as a discrete product but is generally removed from the catalyst by using heat in the presence of air. [39] Regulation 1.03, definition of refinery gases and liquids refinery gases and liquids means gases or liquids that: (a) are produced during petroleum refining; and (b) are unrefined products; (c) are not mentioned in any of items 17 to 26 or 31 to 45 of Schedule 1. Note Refinery gases and liquids are produced at a refinery and are usually: (a) combusted as a source of energy within a refinery; or (b) refined into saleable petroleum products. [40] Regulation 1.03, definition of reporting year substitute reporting year means one of the years for which a person must provide a report under Part 3, 3A, 3D, 3E or 3F of the Act. [41] Regulation 1.03, definition of scope 1 emissions insert scope 1 emission has the meaning given by regulation 2.23. [42] Regulation 1.03, definition of scope 2 emissions insert scope 2 emission has the meaning given by regulation 2.24. [43] Regulation 1.03 insert secondary fuel or energy commodity means a fuel or energy commodity produced by converting energy from one form (usually a primary fuel or energy commodity) to another form for consumption, and includes the fuels and energy commodities mentioned in Schedule 1 as being secondary fuels or energy commodities. [44] Regulation 1.03 insert unprocessed natural gas means a substance that: (a) is in a gaseous state at standard temperature and pressure; and (b) consists of: (i) naturally occurring hydrocarbons; or (ii) a naturally occurring mixture of hydrocarbons and non- hydrocarbons; and (c) consists mainly of methane; and (d) has not been injected into a natural gas supply pipeline; and (e) is not compressed natural gas, liquefied natural gas or coal seam methane. [45] Regulation 1.03, note substitute Note A number of terms in these Regulations are defined in the Act, including: . audit team member . CFI audit . controlling corporation . emissions number . greenhouse and energy audit . greenhouse gas project . group . interim emissions number . liable entity . member . official of the Regulator . person . provisional emissions number . Register . registered greenhouse and energy auditor . Regulator . subsidiary. [46] Regulation 2.01A omit registered corporation as having administrative responsibility for 1 or more facilities of the corporation. insert person who is a registered corporation as having administrative responsibility for one or more facilities of the person. [47] Regulation 2.02 after For insert paragraph (a) of [48] Regulations 2.04, 2.05 and 2.07 omit [49] Division 2.3 omit [50] Regulation 2.13A omit [51] Subregulation 2.14 (2) omit 1 corporation could satisfy subregulation (1) at any 1 time, then the corporation insert one person could satisfy subregulation (1) at any one time, then the person [52] Regulation 2.18, heading substitute 2.18 Forming part of a single undertaking or enterprise-listed activity for more than one single undertaking or enterprise [53] Subregulation 2.18 (4) substitute (4) If the person identifies that the listed activity is ancillary to an activity in only one of the series of activities or is not ancillary to any activities in any of the series of activities, the person must record that decision. [54] Subregulation 2.18 (5) omit corporation identifies that the listed activity is ancillary to an activity in more than 1 of the series of activities, the corporation must: insert person identifies that the listed activity is ancillary to an activity in more than one of the series of activities, the person must: [55] Paragraph 2.18 (6) (a) omit corporation has identified that the listed activity is ancillary to an activity in 1 only insert person has identified that the listed activity is ancillary to an activity in only one [56] Paragraph 2.18 (6) (b) substitute (b) if the person has identified that the listed activity is ancillary to an activity in more than one 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 person's identification; and [57] Paragraphs 2.20 (2) (a) to (e) substitute (a) Electricity distribution (263); (b) Electricity transmission (262); (c) Gas supply (270); (d) Pipeline and other transport (502); (e) Telecommunications services (580); (f) Water supply, sewerage and drainage services (281). [58] Division 2.5 substitute Division 2.5 Meaning of terms in section 10 of Act 2.23 Meaning of scope 1 emission For paragraph 10 (1) (a) of the Act, scope 1 emission of greenhouse gas, in relation to a facility, means the release of greenhouse gas into the atmosphere as a direct result of an activity or series of activities (including ancillary activities) that constitute the facility. 2.24 Meaning of scope 2 emission For paragraph 10 (1) (aa) of the Act, scope 2 emission of greenhouse gas, in relation to a facility, means the release of greenhouse gas into the atmosphere as a direct result of one 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. 2.25 Meaning of production For paragraph 10 (1) (e) of the Act, production of energy, in relation to a facility, means either 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 one 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. 2.26 Meaning of consumption For paragraph 10 (1) (f) of the Act, 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. Division 2.6 Operational control-information to accompany nomination 2.27 Purpose of Division (1) For paragraphs 11AA (3) (c), 11AB (3) (c), 11B (3) (c) and 11C (3) (c) of the Act, this Division specifies information to accompany nominations. (2) For section 77 of the Act, a nomination under subsection 11AA (2), 11AB (2), 11B (2) or 11C (2) of the Act takes effect, in relation to the period mentioned in that subsection, when it is given to the Regulator. 2.28 First nomination of person or trustee (1) This regulation applies if: (a) a person or trustee is nominated to have operational control over a facility under subsection 11AA (2), 11AB (2), 11B (2) or 11C (2) of the Act; and (b) the person or trustee has not previously been nominated to have operational control over the facility under that subsection. (2) The nomination must be accompanied by the following information: (a) the nominee's name and identifying details (if any); (b) if the nominee is an individual-the following: (i) the nominee's telephone number, email address and residential address; (ii) if the nominee's postal address is different from the nominee's residential address-the nominee's postal address; (c) if the nominee is not an individual-the following: (i) the postal address of the head office of the nominee; (ii) the name, position, telephone number, email address and postal address of a contact person for the nominee; (d) which section of the Act the nominee is nominated for; (e) the period for which the nominee is nominated (the relevant period); (f) the name of the facility for which the nominee is nominated; (g) all of the following that apply to the facility: (i) if the facility has a street address-that address; (ii) if the facility is a network or pipeline facility or a transport facility-the State or Territory to which the activities constituting the facility are attributable; (iii) if the facility is not a network or pipeline facility or a transport facility-the latitude and longitude of the site where the activities constituting the facility are undertaken; (h) a statement that no declaration under section 55 or 55A of the Act applies in relation to the facility at any time during the relevant period. (3) If the nomination is made under subsection 11AA (2) or 11B (2) of the Act, the nomination must also be accompanied by the following information: (a) a statement that each of the other persons who satisfies paragraph 11 (1) (a) of the Act in relation to the facility for the relevant period consents to the nomination of the nominee; (b) for each of the persons mentioned in paragraph (a)-the following: (i) the person's name, postal address and identifying details (if any); (ii) the name, position, telephone number, email address and postal address of a contact person for the person; (c) if the nominee is a foreign person-a statement that all of the persons mentioned in paragraph (a) are also foreign persons. (4) If the nomination is made under subsection 11AB (2) or 11C (2) of the Act, the nomination must also be accompanied by the following information: (a) a statement that each of the other trustees in relation to the facility for the relevant period consents to the nomination of the nominee; (b) for each of the trustees mentioned in paragraph (a)-the following: (i) the trustee's name, postal address and identifying details (if any); (ii) the name, position, telephone number, email address and postal address of a contact person for the trustee; (c) if the nominee is a foreign person-a statement that all of the trustees mentioned in paragraph (a) are also foreign persons. 2.29 Subsequent nomination of person or trustee (1) This regulation applies if: (a) a person or trustee is nominated to have operational control over a facility under subsection 11AA (2), 11AB (2), 11B (2) or 11C (2) of the Act; and (b) the person or trustee has previously been nominated to have operational control over the facility under that subsection; and (c) the conditions set out in subsection 11AA (1), 11AB (1), 11B (1) or 11C (1) of the Act (whichever is applicable) continue to be satisfied. (2) The nomination must be accompanied by the following information: (a) the nominee's name and identifying details (if any); (b) which section of the Act for which the nominee is nominated; (c) the period for which the nominee is nominated (the relevant period); (d) the name of the facility for which the nominee is nominated; (e) all of the following that apply to the facility: (i) if the facility has a street address-that address; (ii) if the facility is a network or pipeline facility or a transport facility-the State or Territory to which the activities constituting the facility are attributable; (iii) if the facility is not a network or pipeline facility or a transport facility-the latitude and longitude of the site where the activities constituting the facility are undertaken; (f) if the nomination is made under subsection 11AA (2) or 11B (2) of the Act-a statement that each of the other persons who satisfy paragraph 11 (1) (a) of the Act in relation to the facility for the relevant period consents to the nomination of the nominee; (g) if the nomination is made under subsection 11AB (2) or 11C (2) of the Act-a statement that each of the other trustees in relation to the facility for the relevant period consents to the nomination of the nominee. [59] Regulation 3.02, heading substitute 3.02 Application by controlling corporation-content of application [60] Paragraph 3.02 (1) (c) omit the chief executive officer or equivalent of the controlling corporation, including his or her insert at least one executive officer (or equivalent) of the controlling corporation, including the officer's [61] Subparagraph 3.02 (1) (e) (ii) omit details. insert details; [62] After paragraph 3.02 (1) (e) insert (f) a statement about whether the controlling corporation is also a liable entity, or is likely to be a liable entity, mentioned in subsection 15A (1) or 15AA (1) of the Act; (g) if a personal identification number has been issued by the Regulator to the controlling corporation-the controlling corporation's personal identification number; (h) if the controlling corporation is a foreign person-details of a contact person in Australia for the controlling corporation, including the contact person's name, telephone number and postal address. [63] After subregulation 3.02 (2) insert (3) If a controlling corporation is already registered under Division 4 of Part 2 of the Act, an application under section 12 or 14 of the Act is not required to include any information that was included in the application for registration under that Division (if the information has not changed). [64] Regulation 3.03, heading substitute 3.03 Application by controlling corporation-form of application [65] After regulation 3.03 insert 3.03A Application by liable entity-content of application (1) For paragraphs 15A (4) (c) and 15AA (4) (c) of the Act, an application under section 15A or 15AA of the Act must set out the following information: (a) the applicant's name and trading name (if any); (b) if the applicant is not an individual-the street address of the head office of the applicant; (c) which section of the Act the applicant is applying under; (d) the year for which the applicant is first required to register; (e) if a personal identification number has been issued by the Regulator to the applicant-the applicant's personal identification number. (2) The application must also set out the following information if the information has not previously been given to the Regulator: (a) the applicant's identifying details (if any); (b) a statement about whether the applicant is an individual, a body corporate, a trust, a corporation sole, a body politic or a local governing body; (c) if the applicant is a subsidiary of a controlling corporation registered under the Act-a statement to that effect, and the identifying details of the controlling corporation; (d) if the applicant is an individual-the following: (i) the applicant's telephone number, email address and residential address; (ii) if the applicant's postal address is different from the applicant's residential address-the applicant's postal address; (e) if the applicant is not an individual-the following: (i) the postal address of the head office of the applicant; (ii) the name, position, telephone number, email address and postal address of a contact person for the applicant; (f) if the applicant is a body corporate-details of at least one executive officer (or equivalent) of the body corporate, including the officer's name, telephone number, email address and postal address; (g) if the applicant is a trust-the name and postal address of each trustee; (h) if the applicant is a corporation sole-the name and postal address of the individual who makes up the corporation sole; (i) if the applicant is a body politic or local governing body-the name and postal address of at least one officeholder of the body politic or local governing body; (j) if the applicant is a body established under a law of the Commonwealth, a State or Territory (other than a general law allowing incorporation as a company or body corporate)-the following: (i) the name of the legislation; (ii) the date the body was established; (iii) whether the body is a Commonwealth, State or Territory body. [66] Divisions 3.3 and 3.4 substitute Division 3.3 National Greenhouse and Energy Register 3.04 Information to be set out in Register (1) For paragraph 16 (1) (b) of the Act, the Regulator must ensure that the following information is set out in the Register for each person registered under Division 3 or 4 of Part 2 of the Act: (a) the registered person's name, identifying details and trading name (if any); (b) the section of the Act under which the person applied for registration; (c) the reporting year for which the person was first registered; (d) information about the person's compliance with the Act, including information about: (i) whether the person has been convicted of an offence under the Act; and (ii) whether a court order has been made against the person for the contravention of a civil penalty provision in the Act; (e) information about greenhouse and energy audits carried out in relation to the person, including information about: (i) whether a greenhouse and energy audit has been carried out in relation to the person; 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. (2) If the registered person is a controlling corporation, the Register must also set out the following: (a) if the controlling corporation has applied for registration under section 12 of the Act-the name of each affected group member of the controlling corporation's group during the financial year for which the application is made; (b) if the controlling corporation has applied for registration under section 14 of the Act-the name of each affected group member of the controlling corporation's group that is undertaking or is proposing to undertake a greenhouse gas project to which the application relates; (c) for each reporting year-the name, identifying details and trading name (if any) of each affected group member of the controlling corporation's group, as set out in the controlling corporation's report given to the Regulator for that year. Division 3.4 Deregistration 3.05 Application to be deregistered-content of application (1) For paragraph 18B (2) (c) of the Act, an application by a registered person to be deregistered must set out the following information: (a) the applicant's name and identifying details (if any); (b) if the applicant is an individual-the following: (i) the applicant's telephone number, email address and residential address; (ii) if the applicant's postal address is different from the applicant's residential address-the applicant's postal address; (c) if the applicant is not an individual-the name, position, telephone number, email address and postal address of a contact person for the applicant; (d) if the applicant is a body corporate-details of at least one executive officer (or equivalent) of the body corporate, including the officer's name, telephone number, email address and postal address; (e) if the applicant is a trust-the name and postal address of each trustee; (f) if the applicant is a corporation sole-the name and postal address of the individual who makes up the corporation sole; (g) if the applicant is a body politic or local governing body-the name and postal address of at least one officeholder of the body politic or local governing body; (h) a statement that the applicant does not hold a reporting transfer certificate; (i) a statement that the applicant has complied with the applicant's obligations under the Act; (j) a statement that the applicant is not, and is not likely to be, a liable entity 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; (k) if a personal identification number has been issued by the Regulator to the applicant-the applicant's personal identification number. (2) If there are likely to be covered emissions from the operation of the facility (for which the applicant was registered) for: (a) the financial year in which the application is made; and (b) the 2 financial years following the financial year in which the application is made; the application must also set out an estimate of the amount of those covered emissions, and a statement about why the covered emissions will be unlikely to exceed the emissions threshold. (3) If the applicant is unlikely to supply natural gas in: (a) the financial year in which the application is made; and (b) the 2 financial years following the financial year in which the application is made; the application must also set out a statement about why the applicant is unlikely to do so. (4) If the applicant is a controlling corporation of a group, the application must also set out the following: (a) the identifying details of each affected member of the group; (b) a statement that the controlling 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; (c) any relevant estimates of energy production, energy consumption, greenhouse gas emissions and emissions-producing activities resulting from the corporation's group. (5) The application must also set out any relevant information or data that relates to information mentioned in paragraphs (1) (h) to (j) and (4) (b). [67] Part 4, heading substitute Part 4 Reporting obligations [68] Regulation 4.01 substitute 4.01 Purpose of Part This Part contains regulations made for Parts 3, 3A, 3D, 3E and 3F of the Act dealing with reporting obligations. [69] Divisions 4.2 and 4.3 substitute Division 4.2 General 4.02 Purpose and application of Divisions 4.3 to 4.6A For paragraphs 19 (6) (c), 22A (2) (b), 22AA (2) (b), 22E (2) (c), 22G (2) (c) and 22X (4) (c) of the Act, Divisions 4.3 to 4.6A of this Part specify the information that must be included in a report provided to the Regulator under section 19, 22A, 22AA, 22E, 22G or 22X of the Act. Note 1 Some Divisions, and some provisions within Divisions, apply only to particular reports. Note 2 Under subparagraph 74AA (2) (d) (i) of the Act, if a person provides a report (the section 22A report) to the Regulator under section 22A of the Act, the person might be required to give a copy of an audit report under section 74AA of the Act to the Regulator on the same day on which the section 22A report is provided to the Regulator. Division 4.3 General information about persons and facilities 4.03 Application of Division This Division applies in relation to a report provided to the Regulator under section 19, 22A, 22AA, 22E, 22G or 22X of the Act. 4.04 General information about person reporting (1) The report must set out the following information about the person providing the report: (a) the name and identifying details (if any) of the person; (b) the postal and street addresses of the head office of the person; (c) details of at least one executive officer (or equivalent) of the person, including the officer's name, telephone number, email address and postal address; (d) if the person is not an individual-the name, position, telephone number, email address and postal address of a contact person for the person; (e) if the person is an individual-the following: (i) the person's telephone number, email address and residential address; (ii) if the person's postal address is different from the person's residential address-the person's postal address. (2) If the report is provided under section 19 of the Act, the report must also set out the following information about each entity that is a member of the corporation's group and that has operational control over one or more of the facilities of the person: (a) the member's identifying details; (b) if the member has a holding company incorporated in Australia- the identifying details of the holding company. 4.04A General information about facilities (1) This regulation: (a) applies in relation to each facility of the person providing the report, except a facility that is reported about under regulation 4.25 or 4.26; and (b) for a report provided under section 22A or 22AA of the Act-does not apply to a natural gas supplier. (2) The report must set out the following for the facility: (a) the name of the facility; (b) the facility's street address (if any); (c) if the facility is not a transport facility or a network or pipeline facility-the latitude and longitude of the site where the activities constituting the facility are undertaken; (d) if the facility is not a network or pipeline facility-the State or Territory to which the activities constituting the facility are attributable; (e) if the facility is a network or pipeline facility-the State or Territory in which the facility is located; (f) if the facility: (i) is a transport facility or a network or pipeline facility; and (ii) is not a single site facility; and (iii) does not have a street address; a brief description of the location of the facility, and the activities constituting the facility; (g) the industry sector to which the activities constituting the facility are attributable; (h) if a facility identification number has been issued by the Regulator for the facility-the facility identification number for the facility. Note for paragraph (e) A network or pipeline facility may be located in more than one State or Territory. (3) If the report is provided under section 19 of the Act, the report must also set out the following information: (a) a statement identifying the entity mentioned in subregulation 4.04 (2) that has operational control of the facility; (b) if that entity has operational control of the facility for only part of the reporting year-the number of days, and the dates, in the reporting year for which the entity has operational control of the facility. Note See subregulation 4.32C (2) for similar requirements for reports provided under section 22A of the Act. (4) If: (a) the report is provided by a corporation under section 19 of the Act in relation to a facility; and (b) a member of the corporation's group is reporting about another facility under section 22X of the Act; the report must state which member is reporting about that facility. Note See subsection 19 (10) of the Act for rules about reporting under section 19 when a report under section 22X of the Act covers a facility. (5) In this regulation: facility identification number means a unique number issued by the Regulator to identify a particular facility which must be reported about under the Act. [70] Division 4.4, heading substitute Division 4.4 Reporting scope 1 emissions, scope 2 emissions, energy production and energy consumption [71] Subdivisions 4.4.1 and 4.4.2 substitute Subdivision 4.4.1 General 4.05 Application of Division (1) This Division applies in relation to a report provided to the Regulator under: (a) section 22A, 22E, 22G or 22X of the Act; or (b) under section 19 of the Act if: (i) the corporation's group meets a threshold in paragraph 13 (1) (a), (b) or (c) of the Act during the reporting year; or (ii) the corporation's group meets a threshold only in paragraph 13 (1) (d) of the Act during the reporting year. (2) If this Division applies in relation to the circumstances mentioned in subparagraph (1) (b) (ii), it applies only in relation to the facility that, during the year, causes a thing mentioned in paragraph 13 (1) (d) of the Act. 4.06 Report under section 22A by participant in designated joint venture (1) For a report (the first report) provided by a person under section 22A of the Act, if: (a) the person is a participant in a designated joint venture; and (b) the first report relates to a facility of the designated joint venture; and (c) another participant in the designated joint venture has reported (the second report) the information required by Subdivisions 4.4.2 and 4.4.3 in relation to the facility; the first report may refer to that information provided in the second report rather than stating the information itself. (2) If the first report refers to information provided in the second report, the first report must state the name and identifying details of the person who provided the second report. Subdivision 4.4.2 Scope 1 emissions from fuel combustion 4.07 Emissions from fuel combustion (1) This regulation applies in relation to the following emissions from the combustion of fuel during the reporting year: (a) for a report provided by a person under section 19, 22E, 22G or 22X of the Act-scope 1 emissions from the operation of a facility of the person; (b) for a report provided by a person under section 22A of the Act- covered emissions from the operation of a facility of the person. Note The combustion of fuel is a source. (2) The report must include information for the facility in relation to emissions from the fuel combustion during the reporting year and must identify: (a) the amount of each greenhouse gas that is emitted during the year, in CO2-e; and (b) the total amount of greenhouse gas emitted from the combustion of each fuel during the year, in CO2-e; and (c) the energy content factor that the person used to measure the amount of each fuel combusted in the facility during the year; and (d) if the person used Method 2, 3 or 4 in the Measurement Determination to estimate the greenhouse gases emitted-the facility specific emission factor or factors that the person used to estimate emissions from the combustion of each fuel during the year. [72] Subdivision 4.4.3, heading substitute Subdivision 4.4.3 Scope 1 emissions from particular sources [73] Regulations 4.09 to 4.11 substitute 4.09 Application of Subdivision (1) This Subdivision applies in relation to the following emissions: (a) for a report provided by a person under section 19, 22E, 22G or 22X of the Act-scope 1 emissions from the operation of a facility of the person; (b) for a report provided by a person under section 22A of the Act- covered emissions from the operation of a facility of the person. (2) However, regulation 4.17 also applies in relation to the following emissions: (a) for a report provided by a person under section 19, 22E, 22G or 22X of the Act-all emissions from the operation of a landfill facility of the person; (b) for a report provided by a person under section 22A of the Act- legacy emissions and exempt landfill emissions from the operation of a facility of the person. 4.10 Emissions-coal mining (1) This regulation applies in relation to emissions during the reporting year from a source that is mentioned in Part 1 of Schedule 3. (2) However, a report under section 22A of the Act is not required to include information in relation to emissions from decommissioned underground mines (Source 3 in Part 1 of Schedule 3). (3) The report must include information for the facility in relation to emissions from the source during the year, and must identify: (a) the type of the source; and (b) the methods in the Measurement Determination used by the person to estimate the emissions from the source; and (c) for the method mentioned in an item of the table for the source in Part 1 of Schedule 3, each of the matters set out in column 3 of that item; and (d) if one or more greenhouse gases is emitted from the source during the reporting year-the amount of each greenhouse gas that is emitted, in CO2-e; and (e) the total amount of greenhouse gas emitted from the source, in CO2-e. 4.11 Emissions-oil or gas (1) This regulation applies in relation to emissions during the reporting year from a source that is mentioned in Part 2 of Schedule 3. (2) The report must include information for the facility in relation to emissions from the source during the year, and must identify: (a) the type of the source; and (b) the methods in the Measurement Determination used by the person to estimate the emissions from the source; and (c) for the method mentioned in an item of the table for the source in Part 2 of Schedule 3, each of the matters set out in column 3 of that item; and (d) if one or more greenhouse gases is emitted from the source during the reporting year-the amount of each greenhouse gas that is emitted, in CO2-e; and (e) the total amount of greenhouse gas emitted from the source, in CO2-e. [74] Regulation 4.12, heading substitute 4.12 Emissions-carbon capture and storage [75] Subregulation 4.12 (2) omit corporation's [76] Subregulation 4.12 (3) substitute (3) The report must include the following information about emissions from the operation of the facility during the year: (a) the amount of emissions that occurred during the transportation of the CO2 to the storage site; (b) the amount of emissions that occurred when the CO2 was being injected into the storage site; (c) the amount of emissions from the storage site; (d) the type of the source of the emissions; (e) the methods in the Measurement Determination used by the person to estimate the emissions from the source; (f) the total amount of greenhouse gas emitted from the source, in CO2-e. [77] Regulations 4.13 to 4.15 substitute 4.13 Emissions-mineral products (1) This regulation applies in relation to emissions during the reporting year from a source mentioned in Part 3 of Schedule 3. (2) The report must include information for the facility in relation to emissions from the source during the year, and must identify: (a) the type of the source; and (b) the criteria in the Measurement Determination used by the person to estimate the amount of carbonate inputs and outputs for the source; and (c) the methods in the Measurement Determination used by the person to estimate the emissions from the source; and (d) for the method mentioned in an item of the table for the source in Part 3 of Schedule 3, each of the matters set out in column 3 of that item; and (e) if one or more greenhouse gases is emitted from the source during the reporting year-the amount of each greenhouse gas that is emitted, in CO2-e; and (f) the total amount of greenhouse gas emitted from the source, in CO2-e. 4.14 Emissions-chemical products (1) This regulation applies in relation to emissions during a reporting year from a source mentioned in Part 4 of Schedule 3. (2) The report must include information for the facility in relation to emissions from the source during the year, and must identify: (a) the type of the source; and (b) the criteria in the Measurement Determination used by the person to estimate the amount of fuel consumption for the source; and (c) the methods in the Measurement Determination used by the person to estimate the industrial process emissions from the source; and (d) for the method mentioned in an item of the table for the source in Part 4 of Schedule 3, each of the matters set out in column 3 of that item; and (e) if one or more greenhouse gases is emitted from the source during the reporting year-the amount of each greenhouse gas that is emitted, in CO2-e; and (f) the total amount of greenhouse gas emitted from the source, in CO2-e. (3) The report must also identify each of the matters set out in column 3 of each item in Sources 3 and 4 in Part 4 of Schedule 3. 4.15 Emissions-metal products (1) This regulation applies in relation to emissions during a reporting year from a source mentioned in Part 5 of Schedule 3. (2) The report must include information for the facility in relation to emissions from the source during the year, and must identify: (a) the type of the source; and (b) the criteria in the Measurement Determination used by the person to estimate the amount of fuel consumption for the source; and (c) the methods in the Measurement Determination used by the person to estimate the emissions from the source; and (d) for the method mentioned in an item of the table for the source in Part 5 of Schedule 3, each of the matters set out in column 3 of that item; and (e) if one or more greenhouse gases is emitted from the source during the reporting year-the amount of each greenhouse gas that is emitted, in CO2-e; and (f) the total amount of greenhouse gas emitted from the source, in CO2-e. [78] Regulation 4.16, heading substitute 4.16 Emissions-hydrofluorocarbons and sulphur hexafluoride gases [79] Subregulation 4.16 (1) substitute (1) This regulation applies in relation to emissions during a reporting year from the use of any of the following equipment: (a) commercial air conditioning; (b) commercial refrigeration; (c) industrial refrigeration; (d) gas insulated switch gear and circuit breaker applications; if the use of the equipment meets the criteria for reporting emissions from the equipment in the Measurement Determination. (1A) However, this regulation does not apply in relation to a report provided under section 22A of the Act. [80] Subregulation 4.16 (2) omit corporation's [81] Regulations 4.17 and 4.17A substitute 4.17 Emissions-waste (1) This regulation applies in relation to the emissions during a reporting year from a source mentioned in Part 6 of Schedule 3. (2) The report must include information for the facility in relation to emissions from the source during the year, and must identify: (a) the type of the source; and (b) the criteria in the Measurement Determination used by the person to estimate the amount of waste in relation to the source; and (c) the methods in the Measurement Determination used by the person to estimate the emissions from the source; and (d) for the method mentioned in an item of the table for the source in Part 6 of Schedule 3, each of the matters set out in column 3 of that item; and (e) if one or more greenhouse gases is emitted from the source during the reporting year-the amount of each greenhouse gas that is emitted, in CO2-e; and (f) the total amount of greenhouse gas emitted from the source, in CO2-e. 4.17A Report to include amount of uncertainty (1) The report must include the amount of uncertainty associated with the estimate for the total amount of scope 1 emissions in the report. (2) However, this regulation does not apply to a report provided under section 22A of the Act. [82] Regulation 4.18 substitute 4.18 Application of Subdivision (1) This Subdivision applies if the operation of a facility of a person produces energy during a reporting year. (2) However, this Subdivision does not apply in relation to a report provided to the Regulator under section 22A of the Act. [83] Regulation 4.19 omit corporation produces energy during the reporting year, the corporation's insert person produces energy during the reporting year, the [84] Subregulations 4.20 (1) and (2) omit corporation's [85] Regulations 4.21 and 4.22 substitute 4.21 Application of Subdivision This Subdivision applies if the operation of a facility of a person consumes energy during a reporting year. 4.22 Energy consumption Reports other than section 22A reports (1) If the operation of a facility of the person consumes energy during a reporting year, the person 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 person to estimate the amount and energy content of the energy type consumed; and (d) the methods in the Measurement Determination used by the person to estimate greenhouse gas emissions from the consumption of the energy. Section 22A reports (1A) However, subregulation (1) does not apply, and subregulation (1B) does apply, in relation to a report provided under section 22A of the Act. Note A report provided under section 22A of the Act is required to provide the information set out in this regulation only for the purpose of working out emissions. (1B) If the operation of a facility of the person consumes energy during a reporting year and the consumption produces a covered emission, the person 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; and (b) the criteria in the Measurement Determination used by the person to estimate the amount and energy content of the energy type consumed; and (c) the methods in the Measurement Determination used by the person to estimate greenhouse gas emissions from the consumption of the energy. All reports (2) If the energy is consumed to produce a chemical or metal product during a year, the 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 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. [86] Subregulation 4.23 (1) omit the corporation if the operation of a facility of the corporation insert a person if the operation of a facility of the person [87] After subregulation 4.23 (1) insert (1A) However, this regulation does not apply in relation to a report provided to the Regulator under section 22A of the Act. [88] Subregulation 4.23 (2) omit corporation's [89] After regulation 4.23 insert 4.23A Primary or secondary fuels or energy commodities (1) This regulation applies if the operation of the facility produces fuel or an energy commodity that: (a) is mentioned in Schedule 1; and (b) is not classified in that Schedule as being a primary or secondary fuel or energy commodity. (2) However, this regulation does not apply in relation to a report provided to the Regulator under section 22A of the Act. (3) The report must state whether the person nominates the fuel to be a primary fuel or energy commodity or a secondary fuel or energy commodity. [90] Regulation 4.24 substitute 4.24 Application of Division (1) This Division applies in relation to a report provided to the Regulator by a person under: (a) section 22A, 22E, 22G or 22X of the Act; or (b) under section 19 of the Act if: (i) the corporation's group meets a threshold in paragraph 13 (1) (a), (b) or (c) of the Act during the reporting year; or (ii) the corporation's group meets a threshold only in paragraph 13 (1) (d) of the Act during the reporting year. (2) If this Division applies in relation to the circumstances mentioned in subparagraph (1) (b) (ii), it applies only in relation to the facility that, during the year, causes a thing mentioned in paragraph 13 (1) (d) of the Act. [91] Subregulation 4.25 (1) substitute (1) This regulation applies in relation to a report provided to the Regulator under section 19 or 22X of the Act if: (a) the corporation reports on more than one facility the operation of which, 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 one State or Territory and are attributable to one industry sector in accordance with Subdivisions 2.4.2 and 2.4.3. Note This regulation does not apply to a report provided under section 22A, 22E or 22G of the Act. [92] Subparagraph 4.25 (3) (c) (ii) substitute (ii) if the facility is a transport facility or a network or pipeline facility-the following: (A) the street address of the facility (if any); (B) if the facility does not have a street address and is not a single site facility-a brief description of the activities constituting the facility; and [93] Subregulation 4.26 (1) omit applies if: insert applies in relation to a report provided to the Regulator under section 19 of the Act if: [94] After subregulation 4.26 (1) insert Note This regulation does not apply to a report provided under section 22A, 22E, 22G or 22X of the Act. However, the group's total greenhouse gas emissions includes any emissions reported by a member of the group under section 22X of the Act. [95] Subregulation 4.27 (1) omit if 1 of the facilities of the corporation insert in relation to a report provided to the Regulator under section 19, 22A, 22E, 22G or 22X of the Act if one of the facilities of the person [96] Subregulation 4.27 (2) substitute (1A) However, this regulation applies in relation to a report provided under section 22A only if: (a) a report (the second report) is provided under section 19, 22E, 22G or 22X in relation to the same facility; and (b) the second report reports emissions of greenhouse gas that are incidental to the facility's total emissions. (2) The report may include an estimate of: (a) the greenhouse gas emissions from the operation of the facility that are incidental; or (b) for a report provided under section 19, 22E, 22G or 22X of the Act-the consumption or production of energy from the operation of the facility that is incidental; using the criteria that are specified in the Measurement Determination for this purpose. [97] Paragraph 4.27 (5) (a) omit an individual source of emissions from the operation of the facility insert emissions from the consumption of a particular fuel or energy commodity or, if the emissions are not attributable to a particular fuel or energy commodity, from a source [98] Paragraph 4.27 (5) (b) omit individual sources of emission insert emissions [99] Paragraph 4.27 (5) (c) omit the sources of these emissions from the operation of the facility insert those emissions [100] Paragraph 4.27 (5) (d) substitute (d) the person provides a statement that measurement of emissions of greenhouse gas from the consumption of those fuel or energy commodities, or from those sources, using another method or criteria in the Measurement Determination would cause the person significant hardship or expense; and (e) it is reasonable to conclude that the significant hardship or expense mentioned in the statement would occur. [101] Paragraph 4.27 (6) (a) omit an individual source of energy consumption insert consumption of a particular fuel or energy commodity [102] Paragraph 4.27 (6) (b) omit total of all of the individual sources of energy consumption insert total consumption of all of the fuel or energy commodities [103] Paragraph 4.27 (6) (c) omit these sources of consumption of energy from the operation of the facility that are to be reported under this regulation insert the consumption of those fuels or energy commodities [104] Paragraph 4.27 (6) (d) substitute (d) the person provides a statement that measurement of the consumption of those fuels or energy commodities using another method or criteria in the Measurement Determination would cause the person significant hardship or expense; and (e) it is reasonable to conclude that the significant hardship or expense mentioned in the statement would occur. [105] Paragraph 4.27 (7) (a) omit an individual source of energy production insert production of a particular fuel or energy commodity [106] Paragraph 4.27 (7) (b) omit total amount of all of the individual sources of energy production insert total production of all of the fuels or energy commodities [107] Paragraph 4.27 (7) (c) omit these sources of energy production from the operation of the facility that is to be reported under this regulation insert the production of those fuels or energy commodities [108] Paragraph 4.27 (7) (d) substitute (d) the person provides a statement that measurement of the production of those fuels or energy commodities using another method or criteria in the Measurement Determination would cause the person significant hardship or expense; and (e) it is reasonable to conclude that the significant hardship or expense mentioned in the statement would occur. [109] Regulation 4.28, heading substitute 4.28 Reporting for facilities that are network or pipeline facilities [110] Subregulation 4.28 (1) substitute (1) This regulation applies in relation to a report provided to the Regulator under section 19, 22A, 22E, 22G or 22X of the Act if: (a) a facility of the person is in one of the following industry sectors: (i) Electricity distribution (263); (ii) Electricity transmission (262); (iii) Gas supply (270); (iv) Pipeline and other transport (502); (v) Telecommunications services (580) (vi) Water supply, sewerage and drainage services (281); and (b) the facility is in more than one State or more than one State and one Territory. [111] Subregulations 4.29 (1) and (2) substitute (1) This regulation applies in relation to a report provided to the Regulator under section 19, 22A, 22E, 22G or 22X of the Act if: (a) facilities of the person include facilities that are a vertically integrated production process; and (b) the production process is located in only one State or Territory, including the offshore waters adjacent to the State or Territory. (2) The person may aggregate the information that the person is required to provide under this Part about greenhouse gas emissions, and production or consumption of energy, from the operation of the facilities in the production process. [112] Subregulations 4.29 (3A) and (5) omit corporation's [113] Subregulation 4.29 (6), note omit [114] Subregulation 4.30 (1) after applies insert in relation to a report provided to the Regulator under section 19, 22E, 22G or 22X of the Act [115] After subregulation 4.30 (1) insert Note This regulation does not apply in relation to a report provided under section 22A of the Act. [116] Subregulation 4.31 (1) omit if the principal activity for a facility of the corporation insert in relation to a report provided to the Regulator under section 19, 22A, 22E, 22G or 22X of the Act if the principal activity for a facility of the person [117] Subregulation 4.31 (3) omit corporation's [118] Regulation 4.32 substitute 4.31A Application of Division This Division applies in relation to a report provided to the Regulator under section 19 of the Act if the corporation's group does not meet a threshold in section 13 of the Act during the reporting year. 4.32 Reporting when no section 13 threshold met The 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. [119] After Division 4.6 insert Division 4.6A Additional information for reports under section 22A or 22AA of Act Subdivision 4.6A.1 Application of Division 4.32A Application of Division This Division applies in relation to a report provided to the Regulator under section 22A or 22AA of the Act. Subdivision 4.6A.2 Reports under section 22A or 22AA of Act 4.32B Application of Subdivision A report provided by a person under section 22A or 22AA of the Act must also set out the information in this Subdivision. 4.32C Liability in relation to facility (1) The report must state each section in Part 3 of the Clean Energy Act 2011 under which the person is a liable entity. (2) The report must set out the following in relation to each facility under the operational control of the person: (a) a statement about whether the person had operational control of the facility for the whole of the reporting year or only part of the year; (b) if the person had operational control of the facility for only part of the reporting year-the number of days, and the dates, in the year that the person had operational control of the facility. (3) The report must set out the following in relation to each facility of a designated joint venture, under Division 5 of Part 3 of the Clean Energy Act 2011, in which the person is a participant: (a) a statement about whether the designated joint venture had the facility for the whole of the reporting year or only part of the year; (b) if the designated joint venture had the facility for only part of the reporting year-the number of days, and the dates, in the year that the designated joint venture had the facility. (4) The report must set out whether a liability transfer certificate in relation to a facility was issued to the person under Division 6 of Part 3 of the Clean Energy Act 2011, and, if so: (a) the day the certificate came into force; and (b) whether the certificate was issued under Subdivision A or B of that Division. 4.32D Obligation transfer number The report must state the person's obligation transfer number. Subdivision 4.6A.3 Reports under section 22A of Act 4.32E Application of Subdivision A report provided by a person under section 22A of the Act must also set out the information in this Subdivision. 4.32F General (1) The report must set out the person's emissions number. (2) The report must set out the following in relation to each facility of the person that passes the relevant threshold test under Part 3 of the Clean Energy Act 2011: (a) the total amount of covered emissions, legacy emissions, and exempt landfill emissions, from the operation of the facility; (b) the provisional emissions number for the facility. Note A person may also be required to provide a provisional emission number relating to potential greenhouse gas emissions embodied in an amount of natural gas-see regulations 4.32K and 4.32L. 4.32G Designated joint ventures The report must set out whether the person is a participant in a designated joint venture under Division 5 of Part 3 of the Clean Energy Act 2011 that has a facility, and, if so: (a) the participating percentage of the person in relation to the facility, determined under section 76 or 77 of that Act; and (b) the person's provisional emissions number in relation to the facility as calculated under subsection 21 (2) or 24 (2) of that Act. 4.32H Facilities in Joint Petroleum Development Area or Greater Sunrise unit area (1) This regulation applies if: (a) a facility of the person emits covered emissions from the operation of the facility; and (b) the facility is in the Joint Petroleum Development Area or the Greater Sunrise unit area. (2) The report must set out: (a) whether the facility is in the Joint Petroleum Development Area or the Greater Sunrise unit area, or both; and (b) the prescribed percentage in relation to the facility for the year; and (c) the unadjusted provisional emissions number in relation to covered emissions from the operation of the facility for the year; and (d) the adjusted provisional emissions number in relation to covered emissions from the operation of the facility for the year. (3) For paragraphs (2) (b) to (d): (a) the prescribed percentage and unadjusted provisional emissions number are to be worked out under the section of Subdivision C of Division 2 in Part 3 of the Clean Energy Act 2011 that applies to the facility; and (b) the adjusted provisional emissions number is to be worked out using the formula in subsection (2) of that section. 4.32J Large gas consuming facility (1) This regulation applies if a facility of the person is a large gas consuming facility. (2) The report must set out: (a) each obligation transfer number (OTN) quoted for natural gas consumed at the facility during the reporting year; and (b) for each OTN quotation-the amount of natural gas (in gigajoules) supplied for use at the facility. 4.32K Potential greenhouse gas emissions embodied in an amount of natural gas-natural gas supplier (1) This regulation applies if a person has a provisional emissions number for the reporting year under section 33 of the Clean Energy Act 2011. (2) The person's report must set out: (a) that the person has a provisional emissions number under section 33 of the Clean Energy Act 2011; and (b) the person's provisional emissions number under that section; and (c) the total amount of natural gas (in gigajoules) supplied by the person that is attributable to the provisional emissions number; and (d) the total amount of natural gas (in gigajoules) for which an obligation transfer number (OTN) was quoted to the person; and (e) for each OTN quoted-the OTN, and the total amount of natural gas (in gigajoules) supplied in relation to quotations of that OTN; and (f) the methods used to calculate the potential greenhouse gas emissions embodied in the amount of natural gas mentioned in paragraph (c); and (g) if the person used the default method mentioned in subsection 7B (2) of the Act-the following: (i) the amount of natural gas (in gigajoules), measured in accordance with the Measurement Determination, to which the method was applied; (ii) the value, specified in the determination made by the Minister under that subsection, that relates to the amount of natural gas; (iii) the amount of greenhouse gas emissions (in CO2-e) that would be released into the atmosphere as a result of the combustion of the amount of natural gas mentioned in subparagraph (i); and (h) if the person used the prescribed alternative method mentioned in subsection 7B (3) of the Act-the following: (i) the amount of natural gas (in gigajoules), measured in accordance with the Measurement Determination, to which the method was applied; (ii) the emission factor mentioned in the Measurement Determination that the person used to estimate the potential greenhouse gas emissions embodied in the natural gas; (iii) the amount of greenhouse gas emissions (in CO2-e) that would be released into the atmosphere as a result of the combustion of the amount of natural gas mentioned in subparagraph (i); and (i) the sum of the amounts of greenhouse gases mentioned in subparagraphs (g) (iii) and (h) (iii) (in CO2-e). 4.32L Potential greenhouse gas emissions embodied in an amount of natural gas-OTN holder (1) This regulation applies if a person has a provisional emissions number for the reporting year under section 35 or 36 of the Clean Energy Act 2011. (2) The person's report must set out: (a) the section of the Clean Energy Act 2011 under which the person has a provisional emissions number; and (b) the person's provisional emissions number under that section; and (c) the total amount of natural gas (in gigajoules) supplied to the person that is attributable to the provisional emissions number, before any netted-out numbers are applied under subsection 35 (4) of that Act; and (d) for each natural gas supplier that supplied natural gas to the person for which an OTN was quoted-the amount of natural gas (in gigajoules) supplied by the supplier; and (e) the methods used to calculate the potential greenhouse gas emissions embodied in each amount of natural gas mentioned in paragraph (d); and (f) for each OTN quotation for which the person used the default method mentioned in subsection 7B (2) of the Act-the following: (i) the amount of natural gas (in gigajoules), measured in accordance with the Measurement Determination, to which the method was applied; (ii) the value, specified in the determination made by the Minister under that subsection, that relates to the amount of natural gas; and (g) for each OTN quotation for which the person used the prescribed alternative method mentioned in subsection 7B (3) of the Act-the following: (i) the amount of natural gas (in gigajoules) to which the method was applied; (ii) the emission factor mentioned in the Measurement Determination that the person used to estimate the potential greenhouse gas emissions embodied in the natural gas; and (h) for each amount of natural gas mentioned in paragraph (d)-the amount of greenhouse gas emissions (in CO2-e) that would be released into the atmosphere as a result of the combustion of the amount of natural gas; and (i) the sum of the amounts of greenhouse gases mentioned in paragraph (h) (in CO2-e). Netted-out numbers (3) If the person has one or more netted-out numbers under subsections 35 (5) to (9) of the Clean Energy Act 2011, the report must also set out: (a) the subsection or subsections of that Act under which the person has a netted-out number or numbers; and (b) for each subsection mentioned under paragraph (a)-the amount of natural gas (in gigajoules) that is attributable to netted-out numbers under that subsection; and (c) the methods used to calculate the potential greenhouse gas emissions embodied in each amount of natural gas mentioned in paragraph (b); and (d) for each netted-out number for which the person used the default method mentioned in subsection 7B (2) of the Act-the following: (i) the amount of natural gas (in gigajoules), measured in accordance with the Measurement Determination, to which the method was applied; (ii) the value, specified in the determination made by the Minister under that subsection, that relates to the amount of natural gas; and (e) for each netted-out number for which the person used the prescribed alternative method mentioned in subsection 7B (3) of the Act-the following: (i) the amount of natural gas (in gigajoules) to which the method was applied; (ii) the emission factor mentioned in the Measurement Determination that the person used to estimate the potential greenhouse gas emissions embodied in the natural gas; and (f) the sum of the amounts of natural gas (in gigajoules) mentioned in paragraph (b); and (g) for each amount of natural gas mentioned in paragraph (b)-the amount of greenhouse gas emissions (in CO2-e) that would be released into the atmosphere as a result of the combustion of the amount of natural gas; and (h) the sum of the amounts of greenhouse gases mentioned in paragraph (g) (in CO2-e); and (i) the person's provisional emissions number after that number has been reduced by the total of the person's netted-out numbers under subsection 35 (4) of the Clean Energy Act 2011; and (j) if the person has a netted-out number under subsection 35 (6) of that Act-details that will identify the facility or facilities where the natural gas is used (if known); and (k) for each facility mentioned in paragraph (j)-the amount of greenhouse gas emissions mentioned in paragraph (g) that are attributable to the facility. Subdivision 4.6A.4 Reports under section 22AA of Act 4.32M Application of Subdivision A report provided by a person under section 22AA of the Act must also set out the information in this Subdivision. 4.32N Interim emissions number Using provisional emissions number for previous year (1) Subregulation (2) applies if the person used a provisional emissions number or numbers for a particular facility or facilities for the previous year to work out an interim emissions number for the reporting year under subsections 126 (2) and (3) of the Clean Energy Act 2011. (2) The report must set out: (a) a statement that the interim emissions number is based on a provisional emissions number or numbers for a particular facility or facilities for the previous year; and (b) the provisional emissions number for the previous year for each facility mentioned in paragraph (a); and (c) if more than one provisional emissions number was used to work out the interim emissions number-the total of those provisional emissions numbers; and (d) the interim emissions number for the reporting year worked out under subsection 126 (3) of the Clean Energy Act 2011. Estimating provisional emissions number (3) Subregulation (4) applies if the person: (a) did not use a provisional emissions number for a particular facility for the previous year to work out an interim emissions number for the reporting year; and (b) gives the Regulator an estimate under subsection 126 (4) of the Clean Energy Act 2011. (4) The report must set out: (a) a statement that the interim emissions number is based on an estimate of the provisional emissions number for the reporting year; and (b) the estimate that is the interim emissions number mentioned in paragraph 126 (4) (a) of the Clean Energy Act 2011; and (c) if a provisional emissions number or numbers for a particular facility or facilities for the previous year could have been used to work out the interim emissions number under subsections 126 (2) and (3) of that Act-the reasons why the provisional emissions number or numbers for the previous year were not used to work out the interim emissions number; and (d) the following information about how the estimate was worked out: (i) an explanation of any calculations that relate to the estimate; (ii) an explanation of the method of measurement used to work out the estimate; (iii) any assumptions that were made for the purpose of working out the estimate; (iv) the reasons for the choice of method and the making of the assumptions. Natural gas suppliers etc. (5) Subregulation (6) applies if the person will have a liability due to potential greenhouse gas emissions embodied in an amount of natural gas. (6) The report must set out: (a) the interim emissions number for the relevant eligible financial year worked out under subsection 126 (7) of the Clean Energy Act 2011; and (b) the amount of natural gas (in gigajoules), measured in accordance with the Measurement Determination, that was supplied during the relevant eligible financial year, assuming that the relevant eligible financial year ended on 31 March in that financial year. [120] Regulation 4.33, heading substitute 4.33 Application for a determination-form [121] After Division 4.7 insert Division 4.8 Record-keeping 4.34 Form of records (1) This regulation applies to records mentioned in subsections 22 (1) and (2), 22B (1), 22C (1), 22F (1), 22H (1) and 22XA (1) of the Act. (2) For paragraphs 22 (4) (b), 22B (3) (b), 22C (3) (b), 22F (3) (b), 22H (3) (b) and 22XA (3) (b) of the Act, the records must be kept in a form that is easily and quickly accessible for inspection and audit. Note This may be in an electronic or hard copy format. [122] Paragraph 5.02 (1) (a) substitute (a) each of the following Commonwealth Ministers: (i) the Minister responsible for administering the Act; (ii) the Minister responsible for administering the Environment Protection and Biodiversity Conservation Act 1999; (iii) the Minister responsible for administering the Energy Efficiency Opportunities Act 2006; (iv) the Treasurer; [123] Paragraph 5.02 (1) (b) substitute (b) the Secretary of each of the following Commonwealth Departments: (i) the Department administered by the Minister mentioned in subparagraph (a) (i); (ii) the Department administered by the Minister mentioned in subparagraph (a) (ii); (iii) the Department administered by the Minister mentioned in subparagraph (a) (iii); (iv) the Treasury; [124] After paragraph 5.02 (1) (d) insert (da) an official of the Regulator; [125] Subparagraph 5.02 (1) (e) (vi) omit Trade Practices Act 1974; insert Competition and Consumer Act 2010; [126] Subparagraph 5.02 (1) (e) (vii) to (xv) substitute (vii) the Executive Director of the Australian government agency known as the Bureau of Resources and Energy Economics; (viii) a member of the staff of the Australian government agency known as the Bureau of Resources and Energy Economics; (ix) an APS employee in the Department mentioned in subparagraph (b) (i) whose duties relate to developing policies, administering programs, or collecting statistics, about greenhouse gas emissions, greenhouse gas projects, energy consumption or energy production; (x) an APS employee in a Department mentioned in subparagraph (b) (ii) or (iii) whose duties relate to developing policies about greenhouse gas emissions, greenhouse gas projects or the reporting of energy production and energy consumption; (xi) an APS employee in the Treasury. Note For paragraph (da), official of the Regulator is defined in the Act. [127] Subregulation 5.02 (2) substitute (2) In this regulation: Australian Energy Regulator means the body established by section 44AE of the Competition and Consumer Act 2010. [128] After Division 5.2 insert Division 5.3 Adjusting energy consumption 5.03 Adjusting energy consumption (1) For subparagraph 24 (1) (c) (ii) of the Act, this regulation sets out how to adjust the totals of energy consumption for a corporation's group. Note The Regulator must publish the group's totals of energy consumption as adjusted in accordance with this regulation. This is the group's net energy consumption. (2) The totals of energy consumption for a corporation's group is adjusted using the following steps. |Step |For each facility of the corporation's | |1: |group, adjust the facility's energy | | |consumption by deducting the secondary | | |fuels and energy commodities produced | | |from the operation of the facility from | | |the total energy consumed by the | | |operation of the facility. | |Step |Add together each result in step 1. | |2: | | [129] Regulation 6.02, heading substitute 6.02 Application under section 54 or 54A of Act-other information required [130] Subregulation 6.02 (1) omit paragraph 54 (2) (c) insert paragraphs 54 (2) (c) and 54A (2) (b) [131] Paragraphs 6.02 (1) (a) to (bb) substitute (a) the applicant's name and identifying details (if any); (b) if the applicant is not an individual-the postal address of the applicant's head office; [132] Paragraphs 6.02 (1) (i) and (j) after section 54 insert or 54A [133] After subregulation 6.02 (1) insert (1A) If the applicant is a controlling corporation, the application must also include: (a) the controlling corporation's contact telephone number and email address; and (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-the following: (i) the member's name, identifying details and postal address; (ii) the name, position, telephone number, email address and postal address of a contact person for the member; (iii) whether the member is a controlling corporation or a controlling corporation's subsidiary covered by subsection 8 (3) of the Act. (1B) If the applicant is a non-group entity, the application must also include: (a) if the applicant is an individual-the following: (i) the applicant's telephone number, email address and residential address; (ii) if the applicant's postal address is different from the applicant's residential address-the applicant's postal address; and (b) if the applicant is not an individual-the name, position, telephone number, email address and postal address of a contact person for the applicant. [134] Regulation 6.03 substitute 6.03 Application under section 55 or 55A of Act-other information required (1) For paragraphs 55 (2) (c) and 55A (2) (b) of the Act, an application for a declaration of who has operational control of a facility must include the following information: (a) whether the applicant is: (i) a controlling corporation; or (ii) a controlling corporation's subsidiary covered by subsection 8 (3) of the Act; or (iii) a non-group entity; (b) the applicant's name and identifying details (if any); (c) if the applicant is not an individual-the postal address of the applicant's head office; (d) for each person that the applicant 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 the declaration is sought-the following: (i) the person's name and identifying details (if any); (ii) the postal address of the person's head office; (iii) the name, telephone number and email address of a contact person for the person; (e) evidence (such as details of contracts or arrangements) showing that the applicant has substantial authority to introduce and implement either or both of the following: (i) operating policies for the facility; (ii) environmental policies for the facility; (f) the period for which the declaration is sought; (g) the name of the facility for which the declaration is sought; (h) if the facility for which the declaration is sought is not a network or pipeline facility or a transport facility-the following: (i) the street address or other description of the site at which the facility is located; (ii) the latitude and longitude of the site where the activities constituting the facility are carried out; (iii) the industry sector mentioned in Schedule 2 to which the activities constituting the facility are attributable; (iv) if the applicant is a member of a controlling corporation's group-the State or Territory to which the activities constituting the facility are attributable; (i) if the facility for which the declaration is sought is a network or pipeline facility-the following: (i) the State or Territory in which the facility is located; (ii) the industry sector mentioned in subregulation 2.20 (2) to which the activities constituting the facility are attributable; (iii) if the applicant is a non-group entity-the latitude and longitude of the site where the activities constituting the facility are undertaken; (j) if the facility for which the declaration is sought is a transport facility-the following: (i) the State or Territory to which the activities constituting the facility are attributable under subregulation 2.19 (2); and (ii) the industry sector mentioned in subregulation 2.19 (3) to which the activities constituting the facility are attributable; (k) if the period mentioned in paragraph (f) is less than a financial year-an explanation of why the period is less than a financial year Note for subparagraph (i) (i) A network or pipeline facility may be located in more than one State or Territory. (2) If the applicant is a controlling corporation, the application must also include the controlling corporation's contact telephone number and email address. (3) If the applicant is a controlling corporation's subsidiary covered by subsection 8 (3) of the Act, the application must also include: (a) the name, telephone number and email address of a contact person for the applicant; and (b) the written consent of the controlling corporation to the making of the declaration. (4) If the applicant is a non-group entity, the application must also include the following: (a) if the applicant is an individual-the following: (i) the applicant's telephone number, email address and residential address; (ii) if the applicant's postal address is different from the applicant's residential address-the applicant's postal address; (b) if the applicant is not an individual-the name, position, telephone number, email address and postal address of a contact person for the applicant; (c) evidence (such as details of contracts or arrangements) showing that the applicant has authority to introduce and implement the policies mentioned in paragraph 11 (1) (a) of the Act. Division 6.2A Monitoring compliance [135] After regulation 6.04 insert 6.04A Auditing of liable entities (1) This regulation provides for the auditing of persons who: (a) are liable entities; and (b) are required to provide a report to the Regulator under section 22A of the Act. Emissions number (2) For paragraph 74AA (1) (b) of the Act, the emissions number for each of the financial years starting on 1 July 2012, 1 July 2013 and 1 July 2014 is 125 000. Note If a person's emissions number for the financial year starting on 1 July 2012, 1 July 2013 or 1 July 2014 exceeds 125 000, an audit must be carried out under section 74AA of the Act. Type of audit (3) For paragraph 74AA (3) (a) of the Act, the audit must be a reasonable assurance engagement (within the meaning given by section 1.6 of the Audit Determination) carried out by a Category 2 auditor or a Category 3 auditor in accordance with the Audit Determination. Form of the audit report (4) For paragraph 74AA (3) (c) of the Act, an audit report must be in a form that complies with the requirements specified in the Audit Determination. [136] Subdivision 6.6.8 (second mentioned), heading substitute Subdivision 6.6.9 Exemptions [137] Schedule 1 substitute Schedule 1 Fuels and other energy commodities (regulation 1.03, definitions of primary fuel or energy commodity and secondary fuel or energy commodity, and regulation 2.03) |Item|Fuels and other energy |Primary or | | |commodities |secondary fuel or | | | |energy commodity | |Solid fossil fuels and coal based | | |products | | |1 |Bituminous coal |Primary | |1A |Sub-bituminous coal |Primary | |1B |Anthracite |Primary | |2 |Brown coal |Primary | |3 |Coking coal |Primary | |4 |Coal briquettes |Secondary | |5 |Coal coke |Secondary | |6 |Coal tar |Secondary | |7 |Solid fossil fuels other than |Nomination | | |those mentioned in items 1 to 5 |required | |Fuels derived from recycled materials| | |8 |Industrial materials and tyres |Primary | | |that are derived from fossil | | | |fuels, if recycled and combusted| | | |to produce heat or electricity | | |9 |Non-biomass municipal materials,|Primary | | |if recycled and combusted to | | | |produce heat or electricity | | |Primary solid biomass fuels | | |10 |Dry wood |Primary | |11 |Green and air dried wood |Primary | |12 |Sulphite lyes |Primary | |13 |Bagasse |Primary | |14 |Biomass municipal and industrial|Primary | | |materials, if recycled and | | | |combusted to produce heat or | | | |electricity | | |15 |Charcoal |Secondary | |16 |Primary solid biomass fuels |Primary | | |other than those mentioned in | | | |items 10 to 15 | | |Gaseous fossil fuels | | |17 |Natural gas distributed in a |Secondary | | |pipeline | | |18 |Coal seam methane that is |Primary | | |captured for combustion | | |19 |Coal mine waste gas that is |Primary | | |captured for combustion | | |20 |Compressed natural gas |Secondary | |21 |Unprocessed natural gas |Primary | |22 |Ethane |Nomination | | | |required | |23 |Coke oven gas |Secondary | |24 |Blast furnace gas |Secondary | |25 |Town gas |Secondary | |26 |Liquefied natural gas |Secondary | |27 |Gaseous fossil fuels other than |Nomination | | |those mentioned in items 17 to |required | | |26 | | |Biogas captured for combustion | | |28 |Landfill biogas that is captured|Primary | | |for combustion | | |29 |Sludge biogas that is captured |Primary | | |for combustion | | |30 |A biogas that is captured for |Primary | | |combustion, other than those | | | |mentioned in items 28 to 29 | | |Petroleum based oils and petroleum | | |based greases | | |31 |Petroleum based oils (other than|Secondary | | |petroleum based oils used as | | | |fuel) | | |32 |Petroleum based greases |Secondary | |Petroleum based products other than | | |petroleum based oils and petroleum | | |based greases | | |33 |Crude oil including crude oil |Primary | | |condensates | | |34 |Other natural gas liquids |Primary | |35 |Gasoline (other than for use as |Secondary | | |fuel in an aircraft) | | |36 |Gasoline for use as fuel in an |Secondary | | |aircraft | | |37 |Kerosene (other than for use as |Secondary | | |fuel in an aircraft) | | |38 |Kerosene for use as fuel in an |Secondary | | |aircraft | | |39 |Heating oil |Secondary | |40 |Diesel oil |Secondary | |41 |Fuel oil |Secondary | |42 |Liquefied aromatic hydrocarbons |Nomination | | | |required | |43 |Solvents if mineral turpentine |Secondary | | |or white spirits | | |44 |Liquid petroleum gas |Nomination | | | |required | |45 |Naphtha |Secondary | |46 |Petroleum coke |Secondary | |47 |Refinery gases and liquids |Secondary | |48 |Refinery coke |Secondary | |49 |Bitumen (including bitumen |Secondary | | |production), other than | | | |consumption for non-combustion | | | |purposes | | |50 |Waxes |Secondary | |51 |Petroleum based products other |Nomination | | |than: |required | | |(a) petroleum based oils and | | | |petroleum based greases | | | |mentioned in items 31 to 32 | | | |(b) petroleum based products | | | |mentioned in items 33 to 50 | | |Biofuels | | |52 |Biodiesel |Primary | |53 |Ethanol for use as a fuel in an |Primary | | |internal combustion engine | | |54 |Biofuels other than those |Primary | | |mentioned in items 52 to 53 | | |Petrochemical feedstock | | |55 |Carbon black if used as a |Secondary | | |petrochemical feedstock | | |56 |Ethylene if used as a |Secondary | | |petrochemical feedstock | | |57 |Petrochemical feedstock other |Secondary | | |than those mentioned in items 55| | | |to 56 | | |Energy commodities | | |58 |Sulphur |Nomination | | | |required | |59 |Solar energy for electricity |Primary | | |generation | | |60 |Wind energy for electricity |Primary | | |generation | | |61 |Water energy for electricity |Primary | | |generation | | |62 |Geothermal energy for |Primary | | |electricity generation | | |63 |Uranium |Primary | |64 |Hydrogen |Nomination | | | |required | |65 |Electricity |Secondary | |66 |Energy commodities other than |Nomination | | |those mentioned in items 58 to |required | | |65 and in the form of steam, | | | |compressed air or waste gas | | | |acquired by any means from | | | |outside the facility boundary | | | |(regardless of whether any | | | |payment or exchange has been | | | |made) either to produce heat or | | | |for another purpose | | Note In the table, nomination required means the person reporting under regulation 4.23A must nominate whether the fuel or other energy commodity is a primary or secondary fuel or energy commodity. [138] After Schedule 2 insert Schedule 3 Scope 1 emissions from particular sources (regulations 4.10, 4.11, 4.13, 4.14, 4.15 and 4.17) Part 1 Coal mining Source 1 Open cut mine |Item|Method |Matters to be identified | |1 |Method 1 for | (a) the location of the mine by | | |the source, as |State or Territory | | |set out in the |(b) the tonnes of raw coal produced | | |Measurement |(c) the tonnes of coal mine waste | | |Determination |gas flared | |2 |Methods 2 and 3| (a) the location of the mine by | | |for the source,|State or Territory | | |as set out in |(b) the tonnes of raw coal produced | | |the Measurement|(c) the tonnes of methane (CO2-e) | | |Determination |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 | Source 2 Underground mine |Item|Method |Matters to be identified | |1 |Method 1 for | (a) the location of the mine by | | |the source, as |State or Territory | | |set out in the |(b) whether the mine is a gassy mine| | |Measurement |or a non-gassy mine | | |Determination |(c) the tonnes of raw coal produced | | | |(d) the tonnes of coal mine waste | | | |gas (CO2-e) flared | |2 |Method 4 for | (a) the location of the mine by | | |the source, as |State or Territory | | |set out in the |(b) the tonnes of raw coal produced | | |Measurement |(c) the tonnes of methane (CO2-e) | | |Determination |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 | Source 3 Decommissioned underground mine |Item|Method |Matters to be identified | |1 |Method 1 for | (a) the location of the mine by | | |the source, as |State or Territory | | |set out in the |(b) whether the mine is a gassy mine| | |Measurement |or a non-gassy mine | | |Determination |(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 percentage of the mine void | | | |volume flooded | | | |(f) the tonnes of coal mine waste | | | |gas (CO2-e) flared | |2 |Method 4 for | (a) the location of the mine by | | |the source, as |State or Territory | | |set out in the |(b) the tonnes of methane (CO2-e) | | |Measurement |and the tonnes of carbon dioxide | | |Determination |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 | Part 2 Oil or gas Source 1 Oil or gas exploration |Item|Method |Matters to be identified | |1 |Method 1 for | (a) the tonnes of gas flared | | |the source, as |(b) the tonnes of liquids flared | | |set out in the | | | |Measurement | | | |Determination | | |2 |Methods 2 and 3| (a) the tonnes of gas flared | | |for the source,|(b) the tonnes of liquid flared | | |as set out in |(c) the facility specific carbon | | |the Measurement|dioxide emission factor for liquids,| | |Determination |in tonnes of emissions (CO2-e) per | | | |tonne of fuel flared | | | | (d) the facility specific carbon | | | |dioxide emission factor for gases, | | | |in tonnes of emissions (CO2-e) per | | | |tonne of fuel flared | Source 2 Crude oil production |Item|Method |Matters to be identified | |1 |Method 1 for | (a) the tonnes of crude oil | | |the source, as |throughput | | |set out in the |(b) the tonnes of liquids flared | | |Measurement |(c) the tonnes of gas flared | | |Determination | | |2 |Method 2 for | (a) the tonnes of crude oil | | |the source, as |throughput; | | |set out in the |(b) the facility specific emission | | |Measurement |factor for liquids, in tonnes of | | |Determination |emissions (CO2-e) per tonne of | | | |throughput | | | |(c) the tonnes of liquids flared | | | | (d) the facility specific carbon | | | |dioxide emission factor for liquids,| | | |in tonnes of emissions (CO2-e) per | | | |tonne of fuel flared | | | | (e) the facility specific carbon | | | |dioxide emission factor for gases, | | | |in tonnes of emissions (CO2-e) per | | | |tonne of fuel flared | | | |(f) the tonnes of gas flared | Source 3 Crude oil transport |Item|Method |Matters to be identified | |1 |Method 1 for |the tonnes of indigenous crude oil | | |the source, as |transported to Australian refineries| | |set out in the | | | |Measurement | | | |Determination | | |2 |Method 2 for | (a) the tonnes of indigenous crude | | |the source, as |oil transported to Australian | | |set out in the |refineries | | |Measurement |(b) the facility specific emission | | |Determination |factor, in tonnes of CO2-e per tonne| | | |of crude oil | | | |(c) the tonnes of crude oil | | | |production flared | Source 4 Crude oil refining |Item|Method |Matters to be identified | |1 |Method 1 for | (a) the tonnes of crude oil refined| | |the source, as | | | |set out in the |(b) the tonnes of crude oil stored | | |Measurement |(c) the tonnes of gas that is flared| | |Determination | | | | |(d) the tonnes of gas that is | | | |vented, by individual greenhouse gas| |2 |Methods 2, 3 | (a) the tonnes of crude oil refined| | |and 4 for the | | | |source, as set |(b) the tonnes of crude oil stored | | |out in the |(c) the tonnes of gas that is flared| | |Measurement | | | |Determination |(d) the tonnes of gas that is | | | |vented, by individual greenhouse gas| | | | (e) the facility specific emission | | | |factor, in tonnes of emissions | | | |(CO2-e) of each gas per tonne of oil| | | |refined | | | | (f) the facility specificemission | | | |factor, in tonnes of emissions | | | |(CO2-e) of each gas per tonne of oil| | | |stored | | | |(g) the facility specificemission | | | |factor, in tonnes of emissions | | | |(CO2-e) of each gas per tonne of gas| | | |flared | Source 5 Natural gas production or processing (other than venting or flaring) |Item|Method |Matters to be identified | |1 |Method 1 for |the tonnes of natural gas throughput| | |the source, as | | | |set out in the | | | |Measurement | | | |Determination | | |2 |Method 2 for | (a) the tonnes of natural gas | | |the source, as |throughput | | |set out in the |(b) the facility specific emission | | |Measurement |factor, in tonnes of each gas | | |Determination |(CO2-e) per tonne of gas throughput | Source 6 Natural gas transmission |Item|Method |Matters to be identified | |1 |Method 1 for | (a) terajoules of natural gas | | |the source, as |transmission throughput | | |set out in the |(b) kilometres of pipeline length | | |Measurement | | | |Determination | | |2 |Method 2 for | (a) terajoules of natural gas | | |the source, as |transmission throughput | | |set out in the |(b) kilometres of pipeline length | | |Measurement |(c) the facility specific emission | | |Determination |factor, in tonnes of each gas | | | |(CO2-e) per tonne of gas throughput | Source 7 Natural gas distribution |Item|Method |Matters to be identified | |1 |Method 1 for | (a) terajoules of utility sales; | | |the source, as |(b) location of the natural gas | | |set out in the |distribution | | |Measurement | | | |Determination | | |2 |Method 2 for | (a) terajoules of utility sales | | |the source, as |(b) location of the natural gas | | |set out in the |distribution | | |Measurement |(c) the facility specific emission | | |Determination |factor, in tonnes of each gas | | | |(CO2-e) per tonne of gas throughput | Source 8 Natural gas production or processing-flaring |Item|Method |Matters to be identified | |1 |Method 1 for |the tonnes of gas flared | | |the source, as | | | |set out in the | | | |Measurement | | | |Determination | | |2 |Methods 2 and 3| (a) the tonnes of gas flared | | |for the source,|(b) the facility specific emission | | |as set out in |factor, in tonnes of emissions | | |the Measurement|(CO2-e) per tonne of gas flared | | |Determination | | Source 9 Natural gas production or processing-venting |Item|Method |Matters to be identified | |1 |Method 4 for |the tonnes of vented gas | | |the source, as | | | |set out in the | | | |Measurement | | | |Determination | | Part 3 Mineral products Source 1 Cement clinker production |Item|Method |Matters to be identified | |1 |Method 1 for | (a) the tonnes of clinker produced | | |the source, as |(b) the tonnes of cement kiln dust | | |set out in the |produced | | |Measurement |(c) the degree of calcination of | | |Determination |cement kiln dust produced | |2 |Methods 2 and 4| (a) the tonnes of clinker produced | | |for the source,|(b) the tonnes of cement kiln dust | | |as set out in |produced | | |the Measurement|(c) the facility specific emission | | |Determination |factor for clinker production, 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 | |3 |Method 3 for | (a) the tonnes of pure calcium | | |the source, as |carbonate calcined | | |set out in the |(b) the tonnes of pure magnesium | | |Measurement |carbonate calcined | | |Determination | | | | | (c) the tonnes of pure dolomite | | | |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, 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 | Source 2 Lime production |Item|Method |Matters to be identified | |1 |Method 1 for | (a) the tonnes of commercial lime | | |the source, as |produced | | |set out in the |(b) the tonnes of in-house lime | | |Measurement |produced | | |Determination |(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 | |2 |Method 2 for | (a) the tonnes of lime produced | | |the source, as |(b) the tonnes of lime kiln dust | | |set out in the |produced | | |Measurement |(c) the degree of calcination of | | |Determination |lime kiln dust produced | | | |(d) the emission factor for lime | | | |production at each facility, in | | | |tonnes of emissions (CO2-e) per | | | |tonne of lime | Source 3 Use of carbonate for production of mineral product (other than cement, clinker, lime or soda ash) |Item|Method |Matters to be identified | |1 |Method 1 for | (a) the tonnes of limestone | | |the source, as |calcined | | |set out in the |(b) the tonnes of dolomite calcined | | |Measurement |(c) the tonnes of magnesium | | |Determination |carbonate calcined | | | |(d) the degree of calcination of the| | | |carbonate during the year | | | | (e) the tonnes of any other raw | | | |carbonate calcined | |2 |Method 3 for | (a) the tonnes of pure calcium | | |the source, as |carbonate calcined | | |set out in the |(b) the tonnes of pure dolomite | | |Measurement |calcined | | |Determination |(c) the tonnes of pure magnesium | | | |carbonate calcined | | | | (d) the degree of calcination of | | | |the carbonate during the year | | | |(e) the tonnes of any other pure | | | |carbonate calcined | |3 |Method 4 for |the tonnes of each pure carbonate | | |the source, as |calcined | | |set out in the | | | |Measurement | | | |Determination | | Source 4 Soda ash use |Item|Method |Matters to be identified | |1 |Method 1 for |the tonnes of soda ash consumed | | |the source, as | | | |set out in the | | | |Measurement | | | |Determination | | Source 5 Soda ash production |Item|Method |Matters to be identified | |1 |Method 1 for | (a) the tonnes of limestone | | |the source, as |consumed | | |set out in the |(b) the tonnes of dolomite consumed | | |Measurement |(c) the tonnes of magnesium | | |Determination |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 | | | | (g) the tonnes of solid waste | | | |by-product containing carbon | | | |produced | | | |(h) the average carbon content | | | |factor of solid waste by-products, | | | |in tonnes of carbon per tonne of | | | |solid waste by-product | | | | (i) the change in stock containing | | | |carbon, in tonnes | | | |(j) the carbon content factor of the| | | |change in stock, in tonnes of carbon| | | |per tonne of stock | |2 |Methods 2, 3 | (a) the facility specific carbon | | |and 4 for the |content factor for soda ash | | |source, as set |production for each fuel type | | |out in the |consumed, or each carbonaceous input| | |Measurement |material type consumed, in tonnes of| | |Determination |carbon per: | | | |(i) tonne of fuel or carbonaceous | | | |input material; or | | | | (ii) cubic metre of fuel or | | | |carbonaceous input material; or | | | |(iii) kilolitre of fuel or | | | |carbonaceous input material | | | | (b) the tonnes of pure calcium | | | |carbonate consumed | | | |(c) the tonnes of pure dolomite | | | |consumed | | | |(d) the tonnes of pure magnesium | | | |carbonate 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 | | | | (h) the tonnes of solid waste | | | |by-product containing carbon | | | |produced | | | |(i) the average carbon content | | | |factor of solid waste by-products, | | | |in tonnes of carbon per tonne of | | | |solid waste by-product | | | | (j) the change in stock containing | | | |carbon, in tonnes | | | |(k) the carbon content factor of the| | | |change in stock, in tonnes of carbon| | | |per tonne of stock | Part 4 Chemical products Source 1 Ammonia production |Item|Method |Matters to be identified | |1 |Method 1 for | (a) the tonnes of ammonia produced | | |the source, as |(b) the tonnes of carbon dioxide | | |set out in the |recovered and transferred from the | | |Measurement |facility | | |Determination |(c) the tonnes of carbon dioxide | | | |recovered and used for urea | | | |production | |2 |Methods 2, 3 | (a) the tonnes of ammonia produced | | |and 4 for the |(b) the tonnes of carbon dioxide | | |source, as set |recovered and transferred from the | | |out in the |facility | | |Measurement |(c) the facility specific emission | | |Determination |factor for each fuel type consumed, | | | |in kilograms of CO2-e per gigajoule | | | | (d) the tonnes of carbon dioxide | | | |recovered and used for urea | | | |production | Source 2 Nitric acid production |Item|Method |Matters to be identified | |1 |Method 1 for | (a) the tonnes of nitric acid | | |the source, as |production | | |set out in the |(b) the emission factor of the plant| | |Measurement |type, in tonnes of emissions (CO2-e)| | |Determination |per tonne of nitric acid produced | |2 |Methods 2, 3 | (a) the tonnes of nitric acid | | |and 4 for the |produced | | |source, as set |(b) the facility specific emission | | |out in the |factor, in tonnes of emissions | | |Measurement |(CO2-e) per tonne of nitric acid | | |Determination |produced | Source 3 Adipic acid production |Item|Method |Matters to be identified | |1 |No method is |the tonnes of adipic acid produced | | |set out in the | | | |Measurement | | | |Determination | | Source 4 Carbide production |Item|Method |Matters to be identified | |1 |No method is |the tonnes of carbide produced | | |set out in the | | | |Measurement | | | |Determination | | Source 5 Chemical or mineral production (other than carbide production) using carbon reductant or carbon anode |Item|Method |Matters to be identified | |1 |Method 1 for | (a) the tonnes of chemical or | | |the source, as |mineral products containing carbon | | |set out in the |produced | | |Measurement |(b) the carbon content of the | | |Determination |chemical or mineral products | | | |containing carbon produced, in | | | |tonnes of carbon per tonne of output| | | | (c) the tonnes of solid waste | | | |by-products containing carbon | | | |produced | | | | (d) the average carbon content | | | |factor of solid waste by-products, | | | |in tonnes of carbon per tonne of | | | |solid waste by-product | | | | (e) the change in stock containing | | | |carbon, in tonnes | | | |(f) the carbon content factor of the| | | |change in stock, in tonnes of carbon| | | |per tonne of stock | | | | (g) the tonnes of pure calcium | | | |carbonate consumed | | | |(h) the tonnes of pure dolomite | | | |consumed | | | |(i) the tonnes of pure magnesium | | | |carbonate consumed | | | | (j) the tonnes of any other pure | | | |carbonate consumed | |2 |Methods 2, 3 | (a) the tonnes of chemical or | | |and 4 for the |mineral products containing carbon | | |source, as set |produced | | |out in the |(b) the carbon content of the | | |Measurement |chemical or mineral products | | |Determination |containing carbon produced, in | | | |tonnes of carbon per tonne of output| | | | (c) the tonnes of solid waste | | | |by-products containing carbon | | | |produced | | | | (d) the average carbon content | | | |factor of solid waste by-products, | | | |in tonnes of carbon per tonne of | | | |solid waste by-product | | | | (e) the change in stock containing | | | |carbon, in tonnes | | | |(f) the carbon content factor of the| | | |change in stock, in tonnes of carbon| | | |per tonne of stock | | | | (g) the facility specific carbon | | | |content factor for each fuel type | | | |consumed, or each carbonaceous input| | | |material consumed, in tonnes of | | | |carbon per: | | | |(i) tonne of fuel or carbonaceous | | | |input material; or | | | |(ii) cubic metre of fuel or | | | |carbonaceous input material; or | | | |(iii) kilolitre of fuel or | | | |carbonaceous input material | | | | (h) the tonnes of pure calcium | | | |carbonate consumed | | | |(i) the tonnes of pure dolomite | | | |consumed | | | | (j) the tonnes of pure magnesium | | | |carbonate consumed | | | |(k) the tonnes of any other pure | | | |carbonate consumed | Part 5 Metal products Source 1 Iron, steel or other metal production using integrated metalworks |Item|Method |Matters to be identified | |1 |Method 1 for | (a) the tonnes of iron produced | | |the source, as |for sale | | |set out in the |(b) the carbon content of the iron | | |Measurement |produced for sale, in tonnes of | | |Determination |carbon per tonne of output | | | |(c) the tonnes of crude steel | | | |produced | | | | (d) the carbon content factor of | | | |the crude steel, in tonnes of | | | |carbon per tonne of output | | | | (e) the tonnes of solid waste | | | |by-product containing carbon | | | |produced | | | | (f) the average carbon content | | | |factor of solid waste by-products | | | |containing carbon, in tonnes of | | | |carbon per tonne of waste | | | |by-product | | | | (g) the change in stock containing| | | |carbon, in tonnes | | | |(h) the carbon content factor of | | | |the change in stock, in tonnes of | | | |carbon per tonne of stock | | | | (i) the tonnes of coke transferred| | | |beyond the boundary of the activity| | | | | | | |(j) the tonnes of coal tar | | | |transferred beyond the boundary of | | | |the activity | | | | (k) the tonnes of pure calcium | | | |carbonate consumed | | | |(l) the tonnes of pure dolomite | | | |consumed | | | | (m) the tonnes of pure magnesium | | | |carbonate consumed | | | |(n) the tonnes of any other pure | | | |carbonate consumed | |2 |Methods 2, 3 | (a) the tonnes of iron produced | | |and 4 for the |for sale | | |source, as set |(b) the carbon content of the iron | | |out in the |produced for sale, in tonnes of | | |Measurement |carbon per tonne of output | | |Determination |(c) the tonnes of crude steel | | | |produced | | | |(d) the carbon content factor of | | | |the crude steel, in tonnes of | | | |carbon per tonne of output | | | | (e) the facility specific carbon | | | |content factor for each fuel type | | | |consumed, or each carbonaceous | | | |input material consumed, in tonnes | | | |of carbon per: | | | |(i) tonne of fuel or carbonaceous | | | |input material; or | | | |(ii) cubic metre of fuel or | | | |carbonaceous input material; or | | | |(iii) kilolitre of fuel or | | | |carbonaceous input material | | | | (f) tonnes of solid waste | | | |by-product containing carbon | | | |produced | | | | (g) the average carbon content | | | |factor of solid waste by-products | | | |containing carbon, in tonnes of | | | |carbon per tonne of waste | | | |by-product | | | | (h) the change in stock containing| | | |carbon, in tonnes | | | | (i) the carbon content factor of | | | |the change in stock, in tonnes of | | | |carbon per tonne of stock | | | |(j) the tonnes of coke transferred | | | |beyond the boundary of the activity| | | | (k) the tonnes of coal tar | | | |transferred beyond the boundary of | | | |the activity | | | |(l) the tonnes of pure calcium | | | |carbonate consumed | | | | (m) the tonnes of pure dolomite | | | |consumed | | | |(n) the tonnes of pure magnesium | | | |carbonate consumed | | | | (o) the tonnes of any other pure | | | |carbonate consumed | Source 2 Ferroalloys production |Item|Method |Matters to be identified | |1 |Method 1 for | (a) the tonnes of ferroalloys | | |the source, as |containing carbon produced | | |set out in the |(b) the carbon content factor of | | |Measurement |the ferroalloy produced, in tonnes | | |Determination |of carbon per tonne of output | | | | (c) the tonnes of solid waste | | | |by-products containing carbon | | | |produced | | | | (d) the average carbon content | | | |factor of solid waste by-products, | | | |in tonnes of carbon per tonne of | | | |solid waste by-product | | | | (e) the change in stock containing| | | |carbon, in tonnes | | | |(f) the carbon content factor of | | | |the change in stock, in tonnes of | | | |carbon per tonne of stock | | | | (g) the tonnes of pure calcium | | | |carbonate consumed | | | |(h) the tonnes of pure dolomite | | | |consumed | | | | (i) the tonnes of pure magnesium | | | |carbonate consumed | | | |(j) the tonnes of any other pure | | | |carbonate consumed | |2 |Methods 2, 3 | (a) the tonnes of ferroalloy | | |and 4 for the |containing carbon produced | | |source, as set |(b) the carbon content factor of | | |out in the |the ferroalloy produced, in tonnes | | |Measurement |of carbon per tonne of output | | |Determination | | | | | (c) the tonnes of solid waste | | | |by-products containing carbon | | | |produced | | | |(d) the average carbon content | | | |factor of solid waste by-products, | | | |in tonnes of carbon per tonne of | | | |solid waste by-product | | | | (e) the change in stock containing| | | |carbon, in tonnes | | | |(f) the carbon content factor of | | | |the change in stock, in tonnes of | | | |carbon per tonne of stock | | | | (g) the facility specific carbon | | | |content factor for each fuel type | | | |consumed, or each carbonaceous | | | |input material consumed, in tonnes | | | |of carbon per: | | | |(i) tonne of fuel or carbonaceous | | | |input material; or | | | |(ii) cubic metre of fuel or | | | |carbonaceous input material; or | | | |(iii) kilolitre of fuel or | | | |carbonaceous input material | | | | (h) the tonnes of pure calcium | | | |carbonate consumed | | | |(i) the tonnes of pure dolomite | | | |consumed | | | | (j) the tonnes of pure magnesium | | | |carbonate consumed | | | |(k) the tonnes of any other pure | | | |carbonate consumed | Source 3 Aluminium production |Item|Method |Matters to be identified | |1 |Method 1 for |the amount of primary aluminium | | |the source, as |produced, in tonnes | | |set out in the | | | |Measurement | | | |Determination | | |2 |Methods 2, 3 | (a) the facility specific emission| | |and 4 for the |factor for each fuel type consumed,| | |source, as set |in kilograms of CO2-e per gigajoule| | |out in the | | | |Measurement |(b) the facility specific carbon | | |Determination |tetrafluoride emission factor, in | | | |tonnes of CO2-e emitted per tonne | | | |of aluminium production | | | | (c) the facility specific | | | |hexafluoroethane emission factor, | | | |in tonnes of CO2-e emitted per | | | |tonne of aluminium production | | | | (d) the amount of primary | | | |aluminium produced, in tonnes | Source 4 Production of other metals |Item|Method |Matters to be identified | |1 |Method 1 for | (a) the tonnes of other metals | | |the source, as |produced | | |set out in the |(b) the carbon content of the other| | |Measurement |metals produced, in tonnes of | | |Determination |carbon per tonne of output | | | | (c) the tonnes of solid waste | | | |by-products containing carbon | | | |produced | | | | (d) the average carbon content | | | |factor of solid waste by-products, | | | |in tonnes of carbon per tonne of | | | |solid waste by-product | | | | (e) the change in stock containing| | | |carbon, in tonnes | | | |(f) the carbon content factor of | | | |the change in stock, in tonnes of | | | |carbon per tonne of stock | | | | (g) the tonnes of pure calcium | | | |carbonate limestone consumed | | | |(h) the tonnes of pure dolomite | | | |consumed | | | | (i) the tonnes of pure magnesium | | | |carbonate consumed | | | |(j) the tonnes of any other pure | | | |carbonate consumed | |2 |Methods 2, 3 | (a) the tonnes of other metal | | |and 4 for the |produced | | |source, as set |(b) the carbon content factor of | | |out in the |the other metal, in tonnes of | | |Measurement |carbon per tonne of output | | |Determination |(c) the tonnes of solid waste | | | |by-products containing carbon | | | |produced | | | | (d) the average carbon content | | | |factor of solid waste by-products, | | | |in tonnes of carbon per tonne of | | | |solid waste by-product | | | | (e) the change in stock containing| | | |carbon, in tonnes | | | |(f) the carbon content factor of | | | |the change in stock, in tonnes of | | | |carbon per tonne of stock | | | | (g) the facility specific carbon | | | |content factor for each fuel type | | | |consumed, or each carbonaceous | | | |input material consumed, in tonnes | | | |of carbon per: | | | |(i) tonne of fuel or carbonaceous | | | |input material; or | | | |(ii) cubic metre of fuel or | | | |carbonaceous input material; or | | | |(iii) kilolitre of fuel or | | | |carbonaceous input material | | | | (h) the tonnes of pure calcium | | | |carbonate consumed | | | |(i) the tonnes of pure dolomite | | | |consumed | | | | (j) the tonnes of pure magnesium | | | |carbonate consumed | | | |(k) the tonnes of any other pure | | | |carbonate consumed | Part 6 Waste Source 1 Solid waste disposal on land |Item|Method |Matters to be identified | |1 |Method 1 for the| (a) the location of the landfill | | |source, as set |facility by State or Territory or | | |out in the |by landfill classification | | |Measurement |specified in the Determination | | |Determination |(b) the number of years in | | | |operation | | | | (c) the average annual amount (in| | | |tonnes) of disposal of solid waste| | | |over the lifetime of the landfill | | | |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 each of the | | | |following: | | | |(i) municipal sources; | | | |(ii) commercial and industrial | | | |sources; | | | |(iii) construction and demolition | | | |sources | | | | (f) the tonnes of waste received | | | |at the landfill facility for each | | | |of the following: | | | |(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 | | | |each of the following: | | | |(i) municipal solid waste; | | | |(ii) commercial and industrial | | | |waste; | | | |(iii) construction and demolition | | | |waste | | | | (h) the opening stock of | | | |degradable organic carbon, in | | | |tonnes | | | |(i) the legacy emissions from | | | |decomposition of waste | | | | (j) the emissions, other than | | | |legacy emissions, from | | | |decomposition of waste | | | | (k) the tonnes of methane (CO2-e)| | | |captured for combustion that are | | | |the following: | | | |(i) legacy emissions; | | | |(ii) not legacy emissions | | | | (l) the tonnes of methane (CO2-e)| | | |captured and transferred offsite | | | |that are the following: | | | |(i) legacy emissions; | | | |(ii) not legacy emissions | | | | (m) the tonnes of methane (CO2-e)| | | |flared that are the following: | | | |(i) legacy emissions; | | | |(ii) not legacy emissions | | | | (n) the tonnes of waste treated | | | |by each of the following methods: | | | |(i) composting; | | | |(ii) anaerobic digestion | | | | (o) the tonnes of methane (CO2-e)| | | |captured from each of the | | | |following: | | | |(i) composting; | | | |(ii) anaerobic digestion | |2 |Methods 2 and 3 | (a) the location of the landfill | | |for the source, |facility by State or Territory | | |as set out in |(b) the number of years in | | |the Measurement |operation | | |Determination |(c) the average annual amount (in | | | |tonnes) of disposal of solid waste| | | |over the lifetime of the landfill | | | |facility prior to the first year | | | |of reporting | | | | (d) the total tonnes of waste | | | |entering the landfill | | | |(e) the opening stock of | | | |degradable organic carbon, in | | | |tonnes | | | | (f) the tonnes of waste entering | | | |the landfill from each of the | | | |following: | | | |(i) municipal sources; | | | |(ii) commercial and industrial | | | |sources; | | | |(iii) construction and demolition | | | |sources | | | | (g) the percentages of each waste| | | |mix type entering the landfill in | | | |each of the following: | | | |(i) municipal solid waste; | | | |(ii) commercial and industrial | | | |waste; | | | |(iii) construction and demolition | | | |waste | | | | (h) the tonnes of waste received | | | |at the landfill facility for each | | | |of the following: | | | |(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) | | | | (i) the facility specific k value| | | |for each of the following waste | | | |mix types: | | | |(i) food; | | | |(ii) paper and cardboard; | | | |(iii) garden and green; | | | |(iv) wood; | | | |(v) textiles; | | | |(vi) sludge; | | | |(vii) nappies; | | | |(viii) rubber and leather | | | | (j) the legacy emissions from | | | |decomposition of waste | | | |(k) the emissions, other than | | | |legacy emissions, from | | | |decomposition of waste | | | | (l) the tonnes of methane (CO2-e)| | | |captured for combustion that are | | | |the following: | | | |(i) legacy emissions; | | | |(ii) not legacy emissions | | | | (m) the tonnes of methane (CO2-e)| | | |captured and transferred off site | | | |that are the following: | | | |(i) legacy emissions; | | | |(ii) not legacy emissions | | | | (n) the tonnes of methane (CO2-e)| | | |flared that are the following: | | | |(i) legacy emissions; | | | |(ii) not legacy emissions | | | | (o) the tonnes of waste treated | | | |by each of the following methods: | | | |(i) composting; | | | |(ii) anaerobic digestion | | | |(p) the tonnes of methane (CO2-e) | | | |captured from each of the | | | |following: | | | |(i) composting; | | | |(ii) anaerobic digestion | Source 2 Wastewater handling-industrial |Item|Method |Matters to be identified | |1 |Method 1 for the| (a) the tonnes of industrial | | |source, as set |wastewater produced by commodity | | |out in the |type | | |Measurement |(b) the fraction of wastewater | | |Determination |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 a landfill facility | | | | (f) the tonnes of COD in sludge | | | |transferred off site and disposed | | | |of at a site other than a landfill| | | |facility | | | |(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 | |2 |Methods 2 and 3 | (a) the tonnes of industrial | | |for the source, |wastewater produced by commodity | | |as set out in |type | | |the Measurement |(b) the tonnes of COD measured | | |Determination |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 a landfill facility | | | |(g) the tonnes of COD in sludge | | | |transferred off site and disposed | | | |of at a site other than a landfill| | | |facility | | | | (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 | Source 3 Wastewater handling-domestic or commercial |Item|Method |Matters to be identified | |1 |Method 1 for the| (a) the population served by the | | |source, as set |wastewater treatment plant | | |out in the |(b) the fraction of COD in | | |Measurement |wastewater anaerobically treated | | |Determination | | | | | (c) the tonnes 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 a landfill facility | | | | (f) the tonnes of COD in sludge | | | |transferred off site and disposed | | | |of at a site other than a landfill| | | |facility | | | | (g) the tonnes of methane (CO2-e)| | | |captured for combustion 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 a | | | |landfill facility | | | |(l) the tonnes of nitrogen in | | | |sludge transferred out of the | | | |plant and disposed of at a site | | | |other than a landfill facility | | | | (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 | |2 |Methods 2 and 3 | (a) the population served by the | | |for the source, |wastewater treatment plant | | |as set out in |(b) the tonnes of COD measured | | |the Measurement |entering treatment facility | | |Determination |(c) the fraction of COD in | | | |wastewater anaerobically treated | | | | (d) the tonnes 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 combustion 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 a landfill facility | | | | (l) the tonnes of COD in sludge | | | |transferred offsite to a site | | | |other than a landfill facility | | | | (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 a | | | |landfill facility | | | | (o) the tonnes of nitrogen in | | | |sludge transferred out of the | | | |plant and disposed of at a site | | | |other than a landfill facility | | | | (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 | Source 4 Waste incineration |Item|Method |Matters to be identified | |1 |Methods 1 and 4 |the tonnes of waste incinerated | | |for the source, | | | |as set out in | | | |the Measurement | | | |Determination | | [139] Further amendments |Provision |omit |insert | |Regulation 1.03, |1 or more of |one or more of | |definition of affected |the following |the following | |group member | | | |Regulation 1.03, |1 or more |one or more | |paragraphs (a) and (d) | | | |of definition of | | | |affected group member | | | |Regulation 1.03, |1 |one | |definition of | | | |cogeneration process | | | |Regulation 1.03, |activity of 1 |activity of one| |definition of listed | | | |activity | | | |Regulation 1.03, |1 |one | |paragraphs (a) and (b) | | | |of definition of | | | |vertically integrated | | | |production process | | | |Subregulation 2.14 (1) |A corporation |A person | |Subregulation 2.14 (1) |the corporation|the person | |Subregulation 2.16 (1) |1 or more |one or more | |Paragraph 2.16 (2) (a) |corporation |person | |Paragraph 2.16 (2) (b) |1 or more |one or more | |Paragraph 2.17 (1) (c) |corporation |person | |Subregulation 2.17 (2) |corporation |person | |Subregulation 2.17 (3) |corporation |person makes | | |makes | | |Subregulation 2.17 (3) |corporation |person must | | |must | | |Subregulations 2.17 (4) |corporation |person | |and (5) | | | |Paragraph 2.18 (1) (a) |1 series |one series | |Paragraph 2.18 (1) (c) |corporation |person | |Subregulation 2.18 (2) |corporation |person | |Subregulation 2.18 (3) |be 1 |be one | |Paragraph 2.18 (3) (a) |1 only |only one | |Paragraph 2.18 (3) (b) |than 1 |than one | |Subregulation 2.18 (6) |If the |If the person | | |corporation | | |Paragraph 2.18 (6) (c) |corporation |person | |Paragraph 2.19 (1) (a) |to 1 |to one | |Paragraph 2.19 (1) (c) |corporation |person | |Paragraph 2.20 (1) (a) |in 1 |in one | |Paragraph 2.20 (1) (b) |corporation |person | |Subregulation 2.22 (2) |corporation |person | |Paragraph 2.22 (3) (c) |1 corporation |one person | |Subregulation 2.22 (4) |corporation |person | | |identifies |identifies | |Subregulation 2.22 (4) |corporation |person must | | |must | | |Subregulations 4.12 (1) |corporation |person | |and 4.20 (1A) | | | |Paragraph 4.20 (1A) (a) |100,000 |100 000 | |Paragraph 4.20 (1A) (b) |more than 1 |more than one | |Paragraph 4.20 (1A) (b) |100,000 |100 000 | |Subregulation 4.20 (2) |1 or more |one or more | |Subregulation 4.23 (3) |its report |the report | |Subregulation 4.23 (3) |corporation |person | |Paragraphs 4.26 (1) (a) |corporation |person | |and 4.27 (3) (b) | | | |Subregulation 4.28 (2) |corporation |person | |Subregulation 4.29 (3A) |corporation in |person in | |Subregulation 4.29 (4) |corporation |person | | |aggregates |aggregates | |Subregulation 4.29 (4) |corporation |person must | | |must | | |Subregulation 4.30 (3) |a corporation |a person | |Subregulations 4.30 (3),|the corporation|the person | |(4) and (5) | | | |Subregulations 4.31 (2) |corporation |person | |and (4) | | | |Paragraphs 6.38 (2) (a) |judgment |judgement | |and 6.42 (2) (a) and (b)| | | |Subregulation 6.42 (3) |judgment |judgement | |Subparagraph 6.46 (3) |furnished |given | |(b) (ii) | | | |Paragraphs 6.46 (4) (a) |judgment |judgement | |and (b), 6.49 (1) (a) | | | |and (b) and 6.50 (b) | | | |Paragraph 6.60 (2) (a) |$250,000 |$250 000 | |Paragraph 6.60 (2) (b) |$500,000 |$500 000 | As at 24 April 2012 the amendments are not incorporated in this compilation. Table A Application, saving or transitional provisions Selective Legislative Instrument 2009 No. 28 4 Transitional (1) The amendments made by items [18] to [20] of Schedule 1 apply in relation to an application for registration made on or after the commencement of the items. (2) The amendments made by items [21] and [22] of Schedule 1 apply in relation to a controlling corporation that applies for registration on or after the commencement of the items. (3) The amendments made by items [23] to [25] of Schedule 1 apply in relation to an application for deregistration made on or after the commencement of the items. (4) The amendment made by item [36] of Schedule 1 applies in relation to an application for the Greenhouse and Energy Data Officer to make a determination under subsection 20 (3) of the Act made on or after the commencement of the item. (5) The amendments made by items [38] and [39] of Schedule 1 apply in relation to an application for a declaration that an activity or series of activities (including ancillary activities) are a facility made on or after the commencement of the items. (6) The amendments made by items [40] to [44] of Schedule 1 apply in relation to an application for a declaration that a controlling corporation or another member of the corporation's group has operational control of a facility made on or after the commencement of the items. Selective Legislative Instrument 2011 No. 115 4 Application The amendments made by these Regulations do not apply to reports lodged on 31 October 2011 for the 2010-2011 financial year.