National Greenhouse and Energy Reporting Amendment Regulation 2012 (No. 1)

Link to law: https://www.comlaw.gov.au/Details/F2012L00911

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National Greenhouse and Energy Reporting Amendment Regulation 2012 (No. 1)1
Select Legislative Instrument 2012 No. 52
I, QUENTIN BRYCE, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the National Greenhouse and Energy Reporting Act 2007.
Dated 19 April 2012
QUENTIN BRYCE
Governor‑General
By Her Excellency’s Command
 
Minister for Climate Change and Energy Efficiency
Contents
                        1      Name of regulation                                                          2
                        2      Commencement                                                              2
                        3      Amendment of National Greenhouse and Energy Reporting Regulations 2008  2
Schedule 1                  Amendment commencing on day after registration        3
Schedule 2                  Amendments commencing immediately after commencement of Schedule 2 to SLI 2011 No. 115                                                                                 4
 
 
1              Name of regulation
                This regulation is the National Greenhouse and Energy Reporting Amendment Regulation 2012 (No. 1).
2              Commencement
                This regulation commences as follows:
                 (a)     the day after it is registered—sections 1 to 3 and Schedule 1;
                (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.
Note   Schedule 2 to the National Greenhouse and Energy Reporting Amendment Regulations 2011 (No. 1) commences on 1 July 2012.
3              Amendment of National Greenhouse and Energy Reporting Regulations 2008
                Schedules 1 and 2 amend the National Greenhouse and Energy Reporting Regulations 2008.
Schedule 1        Amendment commencing on day after registration
(section 3)
 
[1]           Subparagraphs 4.25 (3) (c) (i) to (iii)
substitute
                          (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).
Schedule 2        Amendments commencing immediately after commencement of Schedule 2 to SLI 2011 No. 115
(section 3)
 
[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 1:
For each facility of the corporation’s 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 2:
Add together each result in step 1.

[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 commodities
Primary or 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 those mentioned in items 1 to 5
Nomination required

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
Primary

9
Non‑biomass municipal materials, if recycled and combusted to produce heat or electricity
Primary

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 materials, if recycled and combusted to produce heat or electricity
Primary

15
Charcoal
Secondary

16
Primary solid biomass fuels other than those mentioned in items 10 to 15
Primary

Gaseous fossil fuels
 

17
Natural gas distributed in a pipeline
Secondary

18
Coal seam methane that is captured for combustion
Primary

19
Coal mine waste gas that is captured for combustion
Primary

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 those mentioned in items 17 to 26
Nomination required

Biogas captured for combustion
 

28
Landfill biogas that is captured for combustion
Primary

29
Sludge biogas that is captured for combustion
Primary

30
A biogas that is captured for combustion, other than those mentioned in items 28 to 29
Primary

Petroleum based oils and petroleum based greases
 

31
Petroleum based oils (other than petroleum based oils used as fuel)
Secondary

32
Petroleum based greases
Secondary

Petroleum based products other than petroleum based oils and petroleum based greases
 

33
Crude oil including crude oil condensates
Primary

34
Other natural gas liquids
Primary

35
Gasoline (other than for use as fuel in an aircraft)
Secondary

36
Gasoline for use as fuel in an aircraft
Secondary

37
Kerosene (other than for use as fuel in an aircraft)
Secondary

38
Kerosene for use as fuel in an aircraft
Secondary

39
Heating oil
Secondary

40
Diesel oil
Secondary

41
Fuel oil
Secondary

42
Liquefied aromatic hydrocarbons
Nomination required

43
Solvents if mineral turpentine or white spirits
Secondary

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 production), other than consumption for non‑combustion purposes
Secondary

50
Waxes
Secondary

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
Nomination required

Biofuels
 

52
Biodiesel
Primary

53
Ethanol for use as a fuel in an internal combustion engine
Primary

54
Biofuels other than those mentioned in items 52 to 53
Primary

Petrochemical feedstock
 

55
Carbon black if used as a petrochemical feedstock
Secondary

56
Ethylene if used as a petrochemical feedstock
Secondary

57
Petrochemical feedstock other than those mentioned in items 55 to 56
Secondary

Energy commodities
 

58
Sulphur
Nomination required

59
Solar energy for electricity generation
Primary

60
Wind energy for electricity generation
Primary

61
Water energy for electricity generation
Primary

62
Geothermal energy for electricity generation
Primary

63
Uranium
Primary

64
Hydrogen
Nomination required

65
Electricity
Secondary

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
Nomination required

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 the source, as set out in the Measurement Determination
   (a)  the location of the mine by State or Territory
  (b)  the tonnes of raw coal produced
   (c)  the tonnes of coal mine waste gas flared

2
Methods 2 and 3 for the source, as set out in the Measurement Determination
   (a)  the location of the mine by State or Territory
  (b)  the tonnes of raw coal produced
   (c)  the tonnes of methane (CO2‑e) and the tonnes of carbon dioxide captured for energy production on site

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

Source 2         Underground mine
Item
Method
Matters to be identified

1
Method 1 for the source, as set out in the Measurement Determination
   (a)  the location of the mine by State or Territory
  (b)  whether the mine is a gassy mine or a non‑gassy mine
   (c)  the tonnes of raw coal produced
  (d)  the tonnes of coal mine waste gas (CO2‑e) flared

2
Method 4 for the source, as set out in the Measurement Determination
   (a)  the location of the mine by State or Territory
  (b)  the tonnes of raw coal produced
   (c)  the tonnes of methane (CO2‑e) and the tonnes of carbon dioxide captured for energy production on site

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

Source 3         Decommissioned underground mine
Item
Method
Matters to be identified

1
Method 1 for the source, as set out in the Measurement Determination
   (a)  the location of the mine by State or Territory
  (b)  whether the mine is a gassy mine or a non‑gassy mine
   (c)  the tonnes of methane emissions (CO2‑e) from the mine in the last full year of production

 
 
  (d)  the date that the mine was closed
   (e)  the percentage of the mine void volume flooded
   (f)  the tonnes of coal mine waste gas (CO2‑e) flared

2
Method 4 for the source, as set out in the Measurement Determination
   (a)  the location of the mine by State or Territory
  (b)  the tonnes of methane (CO2‑e) and the tonnes of carbon dioxide captured for energy production on site

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

Part 2          Oil or gas
Source 1         Oil or gas exploration
Item
Method
Matters to be identified

1
Method 1 for the source, as set out in the Measurement Determination
   (a)  the tonnes of gas flared
  (b)  the tonnes of liquids flared

2
Methods 2 and 3 for the source, as set out in the Measurement Determination
   (a)  the tonnes of gas flared
  (b)  the tonnes of liquid flared
   (c)  the facility specific carbon dioxide emission factor for liquids, 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 the source, as set out in the Measurement Determination
   (a)  the tonnes of crude oil throughput
  (b)  the tonnes of liquids flared
   (c)  the tonnes of gas flared

2
Method 2 for the source, as set out in the Measurement Determination
   (a)  the tonnes of crude oil throughput;
  (b)  the facility specific emission factor for liquids, 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, 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 source, as set out in the Measurement Determination
the tonnes of indigenous crude oil transported to Australian refineries

2
Method 2 for the source, as set out in the Measurement Determination
   (a)  the tonnes of indigenous crude oil transported to Australian refineries
  (b)  the facility specific emission factor, 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 the source, as set out in the Measurement Determination
   (a)  the tonnes of crude oil refined
  (b)  the tonnes of crude oil stored
   (c)  the tonnes of gas that is flared
  (d)  the tonnes of gas that is vented, by individual greenhouse gas

2
Methods 2, 3 and 4 for the source, as set out in the Measurement Determination
   (a)  the tonnes of crude oil refined
  (b)  the tonnes of crude oil stored
   (c)  the tonnes of gas that is flared
  (d)  the tonnes of gas that is vented, by individual greenhouse gas

 
 
   (e)  the facility specific emission factor, 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 source, as set out in the Measurement Determination
the tonnes of natural gas throughput

2
Method 2 for the source, as set out in the Measurement Determination
   (a)  the tonnes of natural gas throughput
  (b)  the facility specific emission factor, in tonnes of each gas (CO2‑e) per tonne of gas throughput

Source 6         Natural gas transmission
Item
Method
Matters to be identified

1
Method 1 for the source, as set out in the Measurement Determination
   (a)  terajoules of natural gas transmission throughput
  (b)  kilometres of pipeline length

2
Method 2 for the source, as set out in the Measurement Determination
   (a)  terajoules of natural gas transmission throughput
  (b)  kilometres of pipeline length
   (c)  the facility specific emission factor, 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 the source, as set out in the Measurement Determination
   (a)  terajoules of utility sales;
  (b)  location of the natural gas distribution

2
Method 2 for the source, as set out in the Measurement Determination
   (a)  terajoules of utility sales
  (b)  location of the natural gas distribution
   (c)  the facility specific emission factor, 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 source, as set out in the Measurement Determination
the tonnes of gas flared

2
Methods 2 and 3 for the source, as set out in the Measurement Determination
   (a)  the tonnes of gas flared
  (b)  the facility specific emission factor, in tonnes of emissions (CO2‑e) per tonne of gas flared

Source 9         Natural gas production or processing—venting
Item
Method
Matters to be identified

1
Method 4 for the source, as set out in the Measurement Determination
the tonnes of vented gas

Part 3          Mineral products
Source 1         Cement clinker production
Item
Method
Matters to be identified

1
Method 1 for the source, as set out in the Measurement Determination
   (a)  the tonnes of clinker produced
  (b)  the tonnes of cement kiln dust produced
   (c)  the degree of calcination of cement kiln dust produced

2
Methods 2 and 4 for the source, as set out in the Measurement Determination
   (a)  the tonnes of clinker produced
  (b)  the tonnes of cement kiln dust produced
   (c)  the facility specific emission factor for clinker production, 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 the source, as set out in the Measurement Determination
   (a)  the tonnes of pure calcium carbonate calcined
  (b)  the tonnes of pure magnesium carbonate calcined

 
 
   (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 the source, as set out in the Measurement Determination
   (a)  the tonnes of commercial lime produced
  (b)  the tonnes of in‑house lime produced
   (c)  the tonnes of dolomitic lime produced
  (d)  the tonnes of magnesian lime produced;

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

2
Method 2 for the source, as set out in the Measurement Determination
   (a)  the tonnes of lime produced
  (b)  the tonnes of lime kiln dust produced
   (c)  the degree of calcination of lime kiln dust produced
  (d)  the emission factor for lime production at each facility, 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 the source, as set out in the Measurement Determination
   (a)  the tonnes of limestone calcined
  (b)  the tonnes of dolomite calcined
   (c)  the tonnes of magnesium carbonate calcined
  (d)  the degree of calcination of the carbonate during the year

 
 
   (e)  the tonnes of any other raw carbonate calcined

2
Method 3 for the source, as set out in the Measurement Determination
   (a)  the tonnes of pure calcium carbonate calcined
  (b)  the tonnes of pure dolomite calcined
   (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 source, as set out in the Measurement Determination
the tonnes of each pure carbonate calcined

Source 4         Soda ash use
Item
Method
Matters to be identified

1
Method 1 for the source, as set out in the Measurement Determination
the tonnes of soda ash consumed

Source 5         Soda ash production
Item
Method
Matters to be identified

1
Method 1 for the source, as set out in the Measurement Determination
   (a)  the tonnes of limestone consumed
  (b)  the tonnes of dolomite consumed
   (c)  the tonnes of magnesium carbonate consumed

 
 
  (d)  the tonnes of soda ash produced
   (e)  the tonnes of sodium bicarbonate produced
   (f)  the tonnes of soda ash used for brine purification

 
 
   (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 and 4 for the source, as set out in the Measurement Determination
   (a)  the facility specific carbon content factor for soda ash production for each fuel type consumed, or each carbonaceous input material type 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

 
 
  (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 the source, as set out in the Measurement Determination
   (a)  the tonnes of ammonia produced
  (b)  the tonnes of carbon dioxide recovered and transferred from the facility
   (c)  the tonnes of carbon dioxide recovered and used for urea production

2
Methods 2, 3 and 4 for the source, as set out in the Measurement Determination
   (a)  the tonnes of ammonia produced
  (b)  the tonnes of carbon dioxide recovered and transferred from the facility
   (c)  the facility specific emission 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 the source, as set out in the Measurement Determination
   (a)  the tonnes of nitric acid production
  (b)  the emission factor of the plant type, in tonnes of emissions (CO2‑e) per tonne of nitric acid produced

2
Methods 2, 3 and 4 for the source, as set out in the Measurement Determination
   (a)  the tonnes of nitric acid produced
  (b)  the facility specific emission factor, in tonnes of emissions (CO2‑e) per tonne of nitric acid produced

Source 3         Adipic acid production
Item
Method
Matters to be identified

1
No method is set out in the Measurement Determination
the tonnes of adipic acid produced

Source 4         Carbide production
Item
Method
Matters to be identified

1
No method is set out in the Measurement Determination
the tonnes of carbide produced

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 the source, as set out in the Measurement Determination
   (a)  the tonnes of chemical or mineral products containing carbon produced
  (b)  the carbon content of the chemical or mineral products containing carbon produced, in tonnes of carbon per tonne of output

 
 
   (c)  the tonnes of solid waste by‑products containing carbon produced

 
 
  (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 and 4 for the source, as set out in the Measurement Determination
   (a)  the tonnes of chemical or mineral products containing carbon produced
  (b)  the carbon content of the chemical or mineral products containing carbon produced, in tonnes of carbon per tonne of output

 
 
   (c)  the tonnes of solid waste by‑products containing carbon produced

 
 
  (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 the source, as set out in the Measurement Determination
   (a)  the tonnes of iron produced for sale
  (b)  the carbon content of the iron produced for sale, in tonnes of carbon per tonne of output
   (c)  the tonnes of crude steel produced

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

   (e)  the tonnes of solid waste by‑product containing carbon produced

   (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 and 4 for the source, as set out in the Measurement Determination
   (a)  the tonnes of iron produced for sale
  (b)  the carbon content of the iron produced for sale, in tonnes of carbon per tonne of output
   (c)  the tonnes of crude steel produced
  (d)  the carbon content factor of the crude steel, in tonnes of carbon per tonne of output

 
   (e)  the facility specific carbon content factor 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 the source, as set out in the Measurement Determination
   (a)  the tonnes of ferroalloys containing carbon produced
  (b)  the carbon content factor of the ferroalloy 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 and 4 for the source, as set out in the Measurement Determination
   (a)  the tonnes of ferroalloy containing carbon produced
  (b)  the carbon content factor of the ferroalloy produced, in 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

Source 3         Aluminium production
Item
Method
Matters to be identified

1
Method 1 for the source, as set out in the Measurement Determination
the amount of primary aluminium produced, in tonnes

2
Methods 2, 3 and 4 for the source, as set out in the Measurement Determination
   (a)  the facility specific emission factor for each fuel type consumed, in kilograms of CO2‑e per gigajoule
  (b)  the facility specific carbon 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 the source, as set out in the Measurement Determination
   (a)  the tonnes of other metals produced
  (b)  the carbon content of the other metals produced, in tonnes of carbon per tonne of output

 
 
   (c)  the tonnes of solid waste by‑products containing carbon produced

 
 
  (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 and 4 for the source, as set out in the Measurement Determination
   (a)  the tonnes of other metal produced
  (b)  the carbon content factor of the other metal, in tonnes of carbon per tonne of output
   (c)  the tonnes of solid waste by‑products containing carbon produced

 
 
  (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 source, as set out in the Measurement Determination
   (a)  the location of the landfill facility by State or Territory or by landfill classification specified in the 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 for the source, as set out in the Measurement Determination
   (a)  the location of the landfill facility by State or Territory
  (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 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 source, as set out in the Measurement Determination
   (a)  the tonnes of industrial wastewater produced by commodity type
  (b)  the fraction of wastewater anaerobically treated

 
 
   (c)  the fraction of COD removed as sludge

 
 
  (d)  the fraction of COD in sludge anaerobically treated on site
   (e)  the tonnes of COD in sludge transferred off site and disposed of at 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 for the source, as set out in the Measurement Determination
   (a)  the tonnes of industrial wastewater produced by commodity type
  (b)  the tonnes of COD measured entering the treatment site
   (c)  the fraction of wastewater anaerobically treated

 
 
  (d)  the tonnes of COD removed as sludge

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

 
 
   (f)  the tonnes of COD in sludge transferred off site and disposed of at 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 source, as set out in the Measurement Determination
   (a)  the population served by the wastewater treatment plant
  (b)  the fraction of COD in wastewater anaerobically treated

 
 
   (c)  the 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 for the source, as set out in the Measurement Determination
   (a)  the population served by the wastewater treatment plant
  (b)  the tonnes of COD measured entering treatment facility
   (c)  the fraction of COD in wastewater anaerobically treated

 
 
  (d)  the 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 for the source, as set out in the Measurement Determination
the tonnes of waste incinerated

[139]       Further amendments
Provision
omit
insert

Regulation 1.03, definition of affected group member
1 or more of the following
one or more of the following

Regulation 1.03, paragraphs (a) and (d) of definition of affected group member
1 or more
one or more

Regulation 1.03, definition of cogeneration process
1
one

Regulation 1.03, definition of listed activity
activity of 1
activity of one

Regulation 1.03, paragraphs (a) and (b) of definition of vertically integrated production process
1
one

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 makes
person makes

Subregulation 2.17 (3)
corporation must
person must

Subregulations 2.17 (4) and (5)
corporation
person

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 corporation
If the person

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 identifies
person identifies

Subregulation 2.22 (4)
corporation must
person must

Subregulations 4.12 (1) and 4.20 (1A)
corporation
person

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) and 4.27 (3) (b)
corporation
person

Subregulation 4.28 (2)
corporation
person

Subregulation 4.29 (3A)
corporation in
person in

Subregulation 4.29 (4)
corporation aggregates
person aggregates

Subregulation 4.29 (4)
corporation must
person must

Subregulation 4.30 (3)
a corporation
a person

Subregulations 4.30 (3), (4) and (5)
the corporation
the person

Subregulations 4.31 (2) and (4)
corporation
person

Paragraphs 6.38 (2) (a) and 6.42 (2) (a) and (b)
judgment
judgement

Subregulation 6.42 (3)
judgment
judgement

Subparagraph 6.46 (3) (b) (ii)
furnished
given

Paragraphs 6.46 (4) (a) and (b), 6.49 (1) (a) and (b) and 6.50 (b)
judgment
judgement

Paragraph 6.60 (2) (a)
$250,000
$250 000

Paragraph 6.60 (2) (b)
$500,000
$500 000

Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.comlaw.gov.au.