National Greenhouse and Energy Reporting Amendment Regulations 2009 (No. 1)1
Select Legislative Instrument 2009 No. 28
I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the National Greenhouse and Energy Reporting Act 2007.
Dated 25 February 2009
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
PENELOPE YING YEN WONG
Minister for Climate Change and Water
1 Name of Regulations
These Regulations are the National Greenhouse and Energy Reporting Amendment Regulations 2009 (No. 1).
2 Commencement
These Regulations commence on the commencement of item 1 of Schedule 1 to the National Greenhouse and Energy Reporting Amendment Act 2008.
3 Amendment of National Greenhouse and Energy Reporting Regulations 2008
Schedule 1 amends the National Greenhouse and Energy Reporting Regulations 2008.
4 Transitional
(1) The amendments made by items [18] to [20] of Schedule 1 apply in relation to an application for registration made on or after the commencement of the items.
(2) The amendments made by items [21] and [22] of Schedule 1 apply in relation to a controlling corporation that applies for registration on or after the commencement of the items.
(3) The amendments made by items [23] to [25] of Schedule 1 apply in relation to an application for deregistration made on or after the commencement of the items.
(4) The amendment made by item [36] of Schedule 1 applies in relation to an application for the Greenhouse and Energy Data Officer to make a determination under subsection 20 (3) of the Act made on or after the commencement of the item.
(5) The amendments made by items [38] and [39] of Schedule 1 apply in relation to an application for a declaration that an activity or series of activities (including ancillary activities) are a facility made on or after the commencement of the items.
(6) The amendments made by items [40] to [44] of Schedule 1 apply in relation to an application for a declaration that a controlling corporation or another member of the corporation’s group has operational control of a facility made on or after the commencement of the items.
Schedule 1 Amendments
(regulation 3)
[1] Regulation 1.03, after definition of ABN
insert
ACN has the meaning given by section 9 of the Corporations Act 2001.
[2] Regulation 1.03, after definition of Act
insert
affected group member, for a financial year, means a member of a controlling corporation’s group that meets, or that the chief executive officer of the controlling corporation is satisfied is likely to meet, 1 or more of the following requirements:
(a) if the group meets, or is likely to meet, 1 or more of the thresholds for the financial year under paragraph 13 (1) (a), (b) or (c) of the Act — the member has operational control of a facility for at least part of the financial year;
(b) if the group meets, or is likely to meet, a threshold for the financial year under paragraph 13 (1) (d) of the Act — the member has operational control of a facility the operation of which during the financial year causes, or is likely to cause, the group to meet the threshold;
(c) if the controlling corporation makes an application under section 14 of the Act during the financial year — the member is undertaking or is proposing to undertake a greenhouse gas project to which the application relates;
(d) a subsidiary of the member meets, or is likely to meet, 1 or more of the requirements in paragraphs (a), (b) and (c) during the financial year.
[3] Regulation 1.03, after definition of ANZSIC industry classification and code
insert
ARBN has the meaning given by section 9 of the Corporations Act 2001.
[4] Regulation 1.03, definition of Australian Statistician
omit
has the meaning given in
insert
is the person referred to in
[5] Regulation 1.03, after definition of green and air dried wood
insert
identifying details, for an entity, means:
(a) the entity’s ABN; or
(b) if the entity does not have an ABN — its ACN; or
(c) if the entity does not have an ABN or ACN — its ARBN; or
(d) if the entity does not have an ABN, ACN or ARBN — its trading name and street address.
[6] Regulation 1.03, definition of sludge gas
substitute
sludge biogas means the gas derived from the anaerobic fermentation of biomass and solid waste from sewage and animal slurries and that is combusted to produce heat and electricity.
[7] Regulation 1.03, note at the foot
substitute
Note A number of terms used in these Regulations are defined in the Act, including controlling corporation, greenhouse gas project, group, member and subsidiary.
[8] Before regulation 2.02
insert in Division 2.2
2.01A Definition of business unit
For section 7 of the Act, business unit means a unit that is recognised by a registered corporation as having administrative responsibility for 1 or more facilities of the corporation.
[9] Regulation 2.02, table
substitute
Item
Greenhouse gas
Chemical formula
Global Warming Potential (GWP)
1
Carbon dioxide
CO2
1
2
Methane
CH4
21
3
Nitrous oxide
N2O
310
4
Sulphur hexafluoride
SF6
23 900
5
HFC‑23
CHF3
11 700
6
HFC‑32
CH2F2
650
7
HFC‑41
CH3F
150
8
HFC‑43‑10mee
C5H2F10
1 300
9
HFC‑125
C2HF5
2 800
10
HFC‑134
C2H2F4 (CHF2CHF2)
1 000
11
HFC‑134a
C2H2F4 (CH2FCF3)
1 300
12
HFC‑143
C2H3F3 (CHF2CH2F)
300
13
HFC‑143a
C2H3F3 (CF3CH3)
3 800
14
HFC‑152a
C2H4F2 (CH3CHF2)
140
15
HFC‑227ea
C3HF7
2 900
16
HFC‑236fa
C3H2F6
6 300
17
HFC‑245ca
C3H3F5
560
18
Perfluoromethane (tetrafluoromethane)
CF4
6 500
19
Perfluoroethane (hexafluoroethane)
C2F6
9 200
20
Perfluoropropane
C3F8
7 000
21
Perfluorobutane
C4F10
7 000
22
Perfluorocyclobutane
c‑C4F8
8 700
23
Perfluoropentane
C5F12
7 500
24
Perfluorohexane
C6F14
7 400
[10] Paragraph 2.08 (2) (c)
substitute
(c) state:
(i) the nominee’s name, postal address and identifying details; and
(ii) the name, position, telephone number, email address and postal address of a contact person for the nominee; and
(iii) the name, postal address and identifying details of the controlling corporation for the nominee; and
(iv) the name, position, telephone number, email address and postal address of a contact person for the controlling corporation for the nominee; and
(v) the name, postal address and identifying details of the joint venture; and
(vi) the name, postal address and identifying details of each participant in the joint venture (other than the nominee); and
(vii) the name, position, telephone number, email address and postal address of a contact person for each participant in the joint venture (other than the nominee); and
[11] Paragraph 2.09 (6) (a)
substitute
(a) state:
(i) the nominated member’s name, postal address and identifying details; and
(ii) the name, position, telephone number, email address and postal address of a contact person for the nominated member; and
(iii) the name, postal address and identifying details of the controlling corporation for the nominated member; and
(iv) the name, position, telephone number, email address and postal address of a contact person for the controlling corporation for the nominated member; and
(v) the name, postal address and identifying details of the joint venture; and
(vi) the name, postal address and identifying details of each participant in the joint venture (other than the nominated member); and
(vii) the name, position, telephone number, email address and postal address of a contact person for each participant in the joint venture (other than the nominated member); and
[12] Subparagraphs 2.10 (2) (b) (i) to (v)
substitute
(i) states the name, postal address and identifying details of the joint venture; and
(ii) states the name, postal address and identifying details of the nominated member; and
(iia) states the name, position, telephone number, email address and postal address of a contact person for the nominated member; and
(iii) states the name, postal address and identifying details of the controlling corporation for the nominated member; and
(iiia) states the name, position, telephone number, email address and postal address of a contact person for the controlling corporation for the nominated member; and
(iv) states the name, postal address and identifying details of each participant in the joint venture (other than the nominated member); and
(v) states the name, position, telephone number, email address and postal address of a contact person for each participant in the joint venture (other than the nominated member); and
[13] Paragraph 2.11 (2) (b)
omit
all of the other partners
insert
all of the partners in the partnership
[14] Paragraph 2.11 (2) (c)
substitute
(c) state:
(i) the nominee’s name, postal address and identifying details; and
(ii) the name, position, telephone number, email address and postal address of a contact person for the nominee; and
(iii) the name, postal address and identifying details of the controlling corporation for the nominee; and
(iv) the name, position, telephone number, email address and postal address of a contact person for the controlling corporation for the nominee; and
(v) the name, postal address and identifying details of the partnership; and
(vi) the name, postal address and identifying details of each partner in the partnership (other than the nominee); and
(vii) the name, position, telephone number, email address and postal address of a contact person for each partner in the partnership (other than the nominee); and
[15] Paragraph 2.12 (6) (a)
substitute
(a) state:
(i) the nominated member’s name, postal address and identifying details; and
(ii) the name, position, telephone number, email address and postal address of a contact person for the nominated member; and
(iii) the name, postal address and identifying details of the controlling corporation for the nominated member; and
(iv) the name, position, telephone number, email address and postal address of a contact person for the controlling corporation for the nominated member; and
(v) the name, postal address and identifying details of the partnership; and
(vi) the name, postal address and identifying details of each partner in the partnership (other than the nominated member); and
(vii) the name, position, telephone number, email address and postal address of a contact person for each partner in the partnership (other than the nominated member); and
[16] Paragraph 2.13 (2) (b)
substitute
(b) one of the partners gives to the Greenhouse and Energy Data Officer a notice that:
(i) states the name, postal address and identifying details of the nominated member; and
(ii) states the name, position, telephone number, email address and postal address of a contact person for the nominated member; and
(iii) states the name, postal address and identifying details of the controlling corporation for the nominated member; and
(iv) states the name, position, telephone number, email address and postal address of a contact person for the controlling corporation for the nominated member; and
(v) states the name, postal address and identifying details of the partnership; and
(vi) states the name, postal address and identifying details of each partner in the partnership (other than the nominated member); and
(vii) states the name, position, telephone number, email address and postal address of a contact person for each partner in the partnership (other than the nominated member); and
(viii) includes a copy of the decision mentioned in paragraph (a) or a statement that a decision has been made to revoke the nomination; and
(ix) is in a form approved by the Greenhouse and Energy Data Officer and published in the Gazette.
[17] Regulation 2.18
substitute
2.18 Forming part of a single undertaking or enterprise — listed activity for more than 1 single undertaking or enterprise
(1) This regulation applies if:
(a) a particular listed activity is in more than 1 series of activities; and
(b) the listed activity is at a different site to each of the series of activities; and
(c) each of the series of activities is under the overall control of the same corporation; and
(d) each of the series of activities is in the same State or Territory.
(2) The corporation with overall control of the listed activity and each of the series of activities must identify the activity (if any) in each of the series of activities to which the listed activity is ancillary.
(3) The identification may be 1 of the following:
(a) that the listed activity is ancillary to an activity in 1 only of the series of activities;
(b) that the listed activity is ancillary to an activity in more than 1 of the series of activities;
(c) that the listed activity is not ancillary to any activities in any of the series of activities.
(4) If the corporation identifies that the listed activity is ancillary to an activity in 1 only of the series of activities or is not ancillary to any activities in any of the series of activities, the corporation must record that decision.
(5) If the corporation identifies that the listed activity is ancillary to an activity in more than 1 of the series of activities, the corporation must:
(a) record that decision; and
(b) record the proportion of the listed activity that is attributed to the activities in each of the series of activities.
(6) If the corporation complies with subregulations (2) and (3), and subregulation (4) or (5) (as applicable), in relation to the listed activity then:
(a) if the corporation has identified that the listed activity is ancillary to an activity in 1 only of the series of activities — the listed activity will form part of a single undertaking or enterprise with the series of activities; and
(b) if the corporation has identified that the listed activity is ancillary to an activity in more than 1 of the series of activities — the listed activity will form part of each of the single undertakings or enterprises comprising the relevant series of activities in the proportions specified in the corporation’s identification; and
(c) if the corporation has identified that the listed activity is not ancillary to any activities in any of the series of activities — the listed activity will form part of a single undertaking or enterprise separate to the undertakings or enterprises of which each of the series of activities form part.
[18] Subregulation 3.02 (1)
substitute
(1) For paragraph 15 (c) of the Act, an application under section 12 or 14 of the Act must contain the following information:
(a) a statement that the applicant is a controlling corporation;
(b) details of the controlling corporation, including:
(i) its name; and
(ii) its trading name (if any); and
(iii) its identifying details; and
(iv) the street address of its head office; and
(v) the postal address of its head office; and
(vi) the name, position, telephone number, email address and postal address of a contact person for the controlling corporation;
(c) details of the chief executive officer or equivalent of the controlling corporation, including his or her name, telephone number, email address and postal address;
(d) the name of each affected group member of the controlling corporation:
(i) for an application under section 12 of the Act — during the financial year for which the controlling corporation’s application is made; or
(ii) for an application under section 14 of the Act — that is undertaking or is proposing to undertake a greenhouse gas project to which the controlling corporation’s application relates;
(e) for each affected group member mentioned in paragraph (d):
(i) the member’s trading name (if any); and
(ii) the member’s identifying details.
[19] Regulation 3.03
omit
For paragraph 15 (1) (d) of the Act,
insert
(1) For paragraph 15 (d) of the Act,
[20] Regulation 3.03
insert
(2) For paragraph 15 (d) of the Act, an application under section 12 or 14 of the Act must:
(a) be in writing; and
(b) identify the section of the Act under which the controlling corporation is applying to be registered.
[21] Paragraphs 3.04 (c) to (e)
substitute
(c) the name of each affected group member of the controlling corporation’s group:
(i) if the controlling corporation has applied for registration under section 12 of the Act — during the financial year for which the application is made; or
(ii) if the controlling corporation has applied for registration under section 14 of the Act — that is undertaking or is proposing to undertake a greenhouse gas project to which the application relates;
(d) the trading name (if any) of each affected group member of the controlling corporation’s group mentioned in paragraph (c);
(e) the identifying details of the controlling corporation and each affected group member of the controlling corporation’s group mentioned in paragraph (c);
[22] Paragraph 3.04 (g)
omit
[23] Regulation 3.05
omit
be in writing and
[24] Paragraph 3.05 (a)
omit
ABN
insert
identifying details
[25] Regulation 3.06
after
must
insert
be in writing, and must
[26] Paragraphs 4.04 (1) (a) and (b)
substitute
(a) its identifying details;
(b) if not included under paragraph (a) — the street address of its head office;
[27] Paragraphs 4.04 (1) (d) and (e)
substitute
(d) details of the chief executive officer or equivalent of the corporation, including his or her name, telephone number, email address and postal address;
(e) the name, position, telephone number, email address and postal address of a contact person for the corporation.
[28] Subregulation 4.04 (2)
substitute
(2) The report must include the following information about an entity that is a member of the corporation’s group and that has operational control over 1 or more of the facilities of the corporation:
(a) the member’s identifying details;
(b) if the member has a holding company incorporated in Australia — the identifying details of the holding company;
(c) if the member is a joint venture participant covered by subsection 8 (4) of the Act — the identifying details of the joint venture and each participant who is a member of the corporation’s group;
(d) if the member is a partner of a partnership covered by subsection 8 (5) of the Act — the identifying details of the partnership and each partner who is a member of the corporation’s group;
(e) if the member mentioned in paragraph (c) or (d) has been nominated as the responsible entity in accordance with Division 2.3 of Part 2 of these Regulations and subsection 8 (6) of the Act — a statement to that effect;
(f) if the member mentioned in paragraph (c) or (d) has not been nominated as the responsible entity in accordance with Division 2.3 of Part 2 of these Regulations and subsection 8 (6) of the Act — a statement to the effect that no entity has been nominated as the responsible entity.
[29] Subregulation 4.04 (3)
omit
regulation 4.25 and 4.26,
insert
regulation 4.25 or 4.26,
[30] Paragraph 4.04 (3) (e)
substitute
(e) a statement identifying the entity mentioned in subregulation (2) that has operational control of the facility; and
(f) if the entity mentioned in subregulation (2) has operational control of the facility for a number of, but not all, days in a reporting year — the days in the reporting year, in relation to which the entity has operational control of the facility.
[31] Paragraph 4.20 (1) (e)
substitute
(e) water generation; or
[32] Subregulation 4.20 (2)
substitute
(2) The corporation’s report must identify the amount of the electricity that was produced from the operation of the facility during the reporting year, using 1 or more of the methods mentioned in subregulation (1), for each of the following purposes:
(a) for use for the purposes of the operation of the facility;
(b) for use outside the operation of the facility other than for supply to an electricity transmission or distribution network;
(c) for use outside the operation of the facility for supply to an electricity transmission or distribution network.
[33] Subregulation 4.25 (6)
omit
[34] After subregulation 4.29 (3)
insert
(3A) If the corporation’s report includes aggregated information in accordance with subregulation (2), the report must identify each facility of the corporation in the production process.
[35] Regulation 4.30
substitute
4.30 Reporting about contractors
(1) This regulation applies if, in a reporting year, a contractor conducts an activity or activities that:
(a) form part of the facility; and
(b) cause:
(i) the production of greenhouse gas emissions that have a carbon dioxide equivalence of 25 kilotonnes or more; or
(ii) the production of energy of 100 terajoules or more; or
(iii) the consumption of energy of 100 terajoules or more.
(2) The report must include the following information in relation to each contractor that conducts an activity or activities mentioned in subregulation (1) during the reporting year:
(a) the name of each contractor;
(b) each contractor’s identifying details;
(c) the total greenhouse gas emissions produced by each contractor’s activity or activities;
(d) the total energy produced by each contractor’s activity or activities;
(e) the total energy consumed by each contractor’s activity or activities.
(3) For facilities of a corporation that are a vertically integrated production process and to which regulation 4.29 applies, the report may include the information mentioned in paragraphs (2) (c) to (e) in relation to a contractor as aggregated amounts for all facilities of the corporation in the production process for which the contractor is engaged.
(4) If the report includes information mentioned in paragraphs (2) (c) to (e) as an aggregated amount, then it does not need to include the information mentioned in subregulation (2) separately for each facility of the corporation in the vertically integrated production process.
(5) The information mentioned in subregulation (2) is to be reported in addition to the information reported by the corporation under Divisions 4.3, 4.4 and 4.5 of this Part.
[36] Subparagraphs 4.33 (1) (c) (iii) and (iv)
substitute
(iii) the identifying details;
(iv) the name, position, telephone number, email address and postal address of a contact person; and
[37] Regulation 5.02
substitute
5.02 Specified persons for disclosure of information
(1) For subsection 26 (1) of the Act, the following persons are specified:
(a) each of the following Commonwealth Ministers:
(i) the Minister for Climate Change and Water;
(ii) the Minister for the Environment, Heritage and the Arts;
(iii) the Minister for Resources and Energy;
(b) the Secretary of each of the following Departments:
(i) the Department of Climate Change;
(ii) the Department of the Environment, Water, Heritage and the Arts;
(iii) the Department of Resources, Energy and Tourism;
(c) the Australian Statistician;
(d) the Chair of the Australian Energy Regulator;
(e) each of the following APS employees or employees of an authority of the Commonwealth:
(i) the Executive Director of the Australian government agency known as the Australian Bureau of Agricultural and Resource Economics;
(ii) a member of the staff of the Australian government agency known as the Australian Bureau of Agricultural and Resource Economics;
(iii) the Executive Director of the Australian government agency known as the Bureau of Infrastructure, Transport and Regional Economics;
(iv) a member of the staff of Australian government agency known as the Bureau of Infrastructure, Transport and Regional Economics;
(v) a member of the staff of the Australian Bureau of Statistics mentioned in subsection 16 (1) of the Australian Bureau of Statistics Act 1975 whose duties relate to collecting statistics in relation to greenhouse gas emissions, energy production and energy consumption;
(vi) a person made available to assist the Australian Energy Regulator to perform its functions under paragraph 44AAC (a) of the Trade Practices Act 1974;
(vii) an APS employee in the Department of Climate Change whose duties relate to developing policies for, and implementing, the Carbon Pollution Reduction Scheme;
(viii) an APS employee in the Department of Climate Change whose duties relate to developing policies about greenhouse gas emissions, greenhouse gas projects or the reporting of energy production and energy consumption of corporations;
(ix) an APS employee in the Department of Climate Change whose duties relate to preparing the National Greenhouse Accounts;
(x) an APS employee in the Department of Climate Change whose duties relate to preparing the national greenhouse gas emissions projections;
(xi) an APS employee in the Department of Climate Change whose duties relate to managing online systems for the reporting or disclosure of greenhouse and energy information;
(xii) an APS employee in the Department of the Environment, Water, Heritage and the Arts whose duties relate to developing policies about greenhouse gas emissions, greenhouse gas projects or the reporting of energy production and energy consumption of corporations;
(xiii) an APS employee in the Department of Resources, Energy and Tourism whose duties relate to administering the Energy Efficiency Opportunities Act 2006;
(xiv) an APS employee in the Department of Resources, Energy and Tourism whose duties relate to developing policies about greenhouse gas emissions, greenhouse gas projects or the reporting of energy production and energy consumption of corporations.
(2) In this regulation:
Australian Energy Regulator means the body established by section 44AE of the Trade Practices Act 1974.
National Greenhouse Accounts has the same meaning as it has in the Determination.
[38] Subparagraph 6.02 (1) (a) (ii)
substitute
(ii) its identifying details; and
[39] Paragraph 6.02 (1) (b)
substitute
(b) for the member of the corporation’s group that has overall control in relation to the activity or series of activities that are the subject of the application:
(i) its name; and
(ii) its postal address; and
(iii) its identifying details; and
(iv) the name, position, telephone number, email address and postal address of a contact person for the member;
(ba) which of the kinds of entities mentioned in subsection 8 (1) of the Act the member mentioned in paragraph (b) is;
(bb) if the member mentioned in paragraph (b) is an entity mentioned in paragraph 8 (1) (c) or (d) of the Act — whether the participants in the joint venture or the partners in the partnership have nominated a responsible entity for the joint venture or partnership;
[40] Before paragraph 6.03 (a)
insert
(aa) which of the following entities the entity making the application is:
(i) the controlling corporation; or
(ii) a member of the corporation’s group that is a subsidiary of the controlling corporation covered by subsection 8 (3) of the Act; or
(iii) a member of the corporation’s group that is a joint venture participant covered by subsection 8 (4) of the Act; or
(iv) a member of the corporation’s group that is a partner in a partnership covered by subsection 8 (5) of the Act;
[41] Subparagraphs 6.03 (a) (ii), (b) (ii) and (c) (ii)
substitute
(ii) its identifying details; and
[42] Subparagraph 6.03 (e) (iv)
omit
subregulation 2.20 (2)
insert
Schedule 2
[43] Subparagraph 6.03 (g) (iii)
omit
are attributable.
insert
are attributable;
[44] After paragraph 6.03 (g)
insert
(h) the period in relation to which the declaration is sought.
[45] After regulation 6.03
insert
6.04 Form of identity card
For subsection 58 (1) of the Act, an identity card issued to an authorised officer must be in a form that contains the following:
(a) the full name of the authorised officer;
(b) the office held by the authorised officer;
(c) the signature of the authorised officer;
(d) the date the card expires;
(e) a statement that the authorised officer is authorised to exercise powers or to perform functions under the Act.
Note Subsection 58 (1) of the Act provides that an identity card issued to an authorised officer must contain a recent photograph of the authorised officer.
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.
