Carbon Credits (Carbon Farming Initiative—Facilities) Methodology Determination 2015 (Cth)
Carbon Credits (Carbon Farming Initiative—Facilities) Methodology Determination 2015
made under the
Carbon Credits (Carbon Farming Initiative) Act 2011
Compilation No. 1
Compilation date: 22 March 2016
Includes amendments up to: Carbon Credits (Carbon Farming Initiative—Facilities and Minor Corrections) Methodology Determination Variation 2016
About this compilation
This compilation
This is a compilation of the Carbon Credits (Carbon Farming Initiative—Facilities) Methodology Determination 2015 that shows the text of the law as amended and in force on 22 March 2016 (the compilation date).
This compilation was prepared on 22 March 2016 by the Department of the Environment.
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary 1
1 Name. 1
2 Commencement........................................................................................................................ 1
3 Authority.................................................................................................................................. 1
4 Duration................................................................................................................................... 1
5 Definitions................................................................................................................................ 1
6 Meaning of baseline period monitoring requirements........................................................... 10
7 Meaning of fixed proportion.................................................................................................. 11
8 Meaning of ineligible abatement activity................................................................................ 12
9 Meaning of material effect...................................................................................................... 14
10 Meaning of materially similar.............................................................................................. 14
11 Meaning of significant expansion......................................................................................... 14
12 Meaning of significant output variable change.................................................................... 15
Part 2—Facilities projects 16
13 Facilities projects.................................................................................................................. 16
Part 3—Project requirements 17
Division 1—General requirements 17
14 Operation of this Division.................................................................................................... 17
15 Implementation of activities that aim to reduce emissions from a facility.............................. 17
16 Choosing production variables for facilities—output variables............................................ 18
17 Choosing production variables for facilities—inputs and intermediate products.................. 19
18 Information to be included in application for declaration...................................................... 21
Division 2—Additionality requirements 23
19 Requirement in lieu of newness requirement........................................................................ 23
Part 4—Net abatement amount 24
Division 1—Preliminary 24
20 Operation of this Part........................................................................................................... 24
Division 2—Method for calculating net abatement amount 25
21 Carbon dioxide equivalent net abatement amount................................................................. 25
22 Basis of calculation for certain NGER reporting facilities.................................................... 25
Division 3—Method for calculating project abatement 26
23 Summary.............................................................................................................................. 26
24 Timing of calculation............................................................................................................ 26
25 Calculation of project abatement........................................................................................... 26
26 Total facility abatement......................................................................................................... 27
27 On‑site facility abatement..................................................................................................... 28
28 Adjusted on‑site facility abatement....................................................................................... 30
Division 4—Method for calculating crediting baseline 32
29 Summary.............................................................................................................................. 32
30 Crediting baseline (general).................................................................................................. 32
31 Crediting baseline (electricity).............................................................................................. 32
Division 5—Method for calculating baseline emissions intensity 34
Subdivision A—Baseline emissions intensity 34
32 Summary.............................................................................................................................. 34
33 Baseline emissions intensity and baseline year..................................................................... 34
Subdivision B—Calculations relating to emissions intensity 35
34 Emissions intensity of a production variable........................................................................ 35
35 Baseline NGER emissions attributable to a production variable........................................... 35
36 Total baseline NGER emissions........................................................................................... 35
37 Apportioning of total baseline NGER emissions.................................................................. 36
Subdivision C—Recalculating emissions intensity 40
38 Application of Subdivision................................................................................................... 40
39 Recalculating emissions intensity......................................................................................... 41
40 Recalculating because of a new factor.................................................................................. 41
41 Recalculating because of an input or output purity change................................................... 42
42 Recalculating because of an error......................................................................................... 43
Division 6—Method for calculating NGER emissions 44
43 Summary.............................................................................................................................. 44
44 NGER emissions (general)................................................................................................... 44
45 NGER emissions (electricity)............................................................................................... 46
Division 7—Method for calculating electricity abatement adjustments 48
Subdivision A—Electricity abatement adjustment A 48
46 Summary.............................................................................................................................. 48
47 Application of Subdivision................................................................................................... 48
48 Calculation of electricity abatement adjustment A................................................................. 48
49 Additional electricity exported as a result of improved thermal efficiency of existing generating units 49
Subdivision B—Electricity abatement adjustment B 50
50 Summary.............................................................................................................................. 50
51 Application of Subdivision................................................................................................... 50
52 Calculation of electricity abatement adjustment B................................................................. 51
53 Emissions intensity of electricity generated using new generating units and exported from a facility 52
54 Electricity generated using new generating units and exported from a facility...................... 53
Division 8—General calculations relating to electricity 54
55 Baseline emissions intensity of electricity generated using existing generating units and exported from a facility 54
56 Emissions intensity of electricity generated using existing generating units and exported from a facility 55
57 Emissions intensity of electricity generated using replaced generating units and exported from a facility 55
58 Total emissions from exported electricity............................................................................. 56
59 Emissions apportioned to electricity generated using new or existing generating units and exported from a facility 57
60 Emissions apportioned to electricity generated by a CHP plant............................................ 58
61 Quantity of heat and cooling generated................................................................................. 59
62 Thermal efficiency of electricity, heat and cooling generation............................................... 60
Part 5—Reporting, record keeping and monitoring requirements 61
Division 1—Offsets report requirements 61
Subdivision A—Requirements relating to timing 61
63 Operation of this Subdivision............................................................................................... 61
64 Timing for final offsets report.............................................................................................. 61
Subdivision B—Information that must be included in an offsets report 61
65 Operation of this Subdivision............................................................................................... 61
65A Information to confirm eligibility in the first offsets report................................................ 61
66 Information about new production variables........................................................................ 62
67 Information about biomass used to produce energy, and imported off‑grid electricity, heat and cooling generated from biomass.................................................................................................................................... 62
68 Information about greenhouse gas emissions, energy production and energy consumption. 62
69 Information about facilities................................................................................................... 63
70 Determination of certain parameters..................................................................................... 63
Division 2—Notification requirements 64
71 Operation of this Division.................................................................................................... 64
72 Notification requirements..................................................................................................... 64
Division 3—Record‑keeping requirements 65
73 Operation of this Division.................................................................................................... 65
74 Record‑keeping requirements............................................................................................... 65
Division 4—Monitoring requirements 66
75 Operation of this Division.................................................................................................... 66
76 Requirement to monitor greenhouse gas emissions, energy production and energy consumption 66
77 Requirement to monitor abatement activities implemented.................................................... 66
78 Requirement to monitor changes relating to operation of a facility....................................... 66
79 Requirement to monitor production variables etc.................................................................. 67
80 Requirement to monitor exported electricity......................................................................... 67
81 Consequences of not meeting certain monitoring requirements............................................ 68
Part 6—Dividing a facilities project 69
82 Operation of this Part........................................................................................................... 69
83 Requirements for division of project.................................................................................... 69
Schedule 1—Industry average emissions intensities 70
1 Industry average emissions intensities.................................................................................... 70
Endnotes78
Endnote 1—About the endnotes 78
Endnote 2—Abbreviation key 79
Endnote 3—Legislation history 80
Endnote 4—Amendment history 81
Part 1—Preliminary
1 Name
This is the Carbon Credits (Carbon Farming Initiative—Facilities) Methodology Determination 2015.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information | ||
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. The whole of this instrument | The day after this instrument is registered. | 17 September 2015 |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This determination is made under subsection 106(1) of the Carbon Credits (Carbon Farming Initiative) Act 2011.
4 Duration
This determination remains in force for the period that:
(a) begins when this determination commences; and
(b) ends on the day before this determination would otherwise be repealed under subsection 50(1) of the Legislative Instruments Act 2003.
5 Definitions
In this determination:
Act means the Carbon Credits (Carbon Farming Initiative) Act 2011.
Allocation of Emissions from a CHP Plant Guide has the meaning given by subsection 62(2).
amendment Act has the meaning given by subsection 19(5).
applicable monitoring requirements, for electricity exported from a facility, means:
(a) if electricity is a production variable for the facility—the requirements that apply under sections 79 and 80; or
(b) otherwise—the requirements that apply under section 80.
appropriate abatement estimation approach has the meaning given by subsection 28(6).
baseline period: the baseline period for a facilities project consists of:
(a) unless paragraph (b) applies:
(i) the 4 consecutive NGER reporting years preceding the NGER reporting year in which the project is declared as an eligible offsets project; and
(ii) any subsequent NGER reporting years preceding the NGER reporting year in which the first project abatement activity begins to be implemented; or
(b) if the first project abatement activity has begun to be implemented before the project is declared as an eligible offsets project—the 4 consecutive NGER reporting years preceding the NGER reporting year in which the first project abatement activity had begun to be implemented.
Note: Paragraph (b) would only apply if the project meets the substitute newness requirement in subsection 19(3).
baseline period monitoring requirements has the meaning given by section 6.
baseline year, for a facility, means the baseline year worked out in accordance with section 33 for each of the facility’s production variables.
Note: The baseline year worked out in accordance with that section will be the same year for each of the facility’s production variables.
biomass means organic matter other than:
(a) fossil fuels; or
(b) biofuels.
Note 1: Examples of fossil fuels include coal, lignite, petroleum products and natural gas.
Note 2: Examples of biofuels include ethanol and biodiesel.
by‑product means a saleable output that:
(a) results from a chemical or physical process undertaken by a facility other than for the purpose of producing the output; and
(b) will be disposed of, by sale or gift, without any further processing by the facility (other than further processing in accordance with standard industry practice).
calculation year has the meaning given by subsection 38(1).
chief financial officer, of a person that has operational control over a facility, means:
(a) if the person is a body corporate—the chief financial officer (however described) of the body corporate; or
(b) otherwise—the individual who is primarily responsible for financial matters in relation to the person.
CHP plant (short for combined heat and power plant) means a combined heat and power plant that:
(a) generates electricity; and
(b) uses the waste heat resulting from that generation of electricity for heat or cooling or both heat and cooling.
declaration day, for a facilities project, means the day the project is declared to be an eligible offsets project.
default emission factor means an emission factor specified by number (rather than by reference to a method for determining or estimating the factor) in:
(a) Schedule 1 to the NGER (Measurement) Determination; or
(b) an NGER measurement method referred to in subsection 1.4(2) of that determination as method 2.
default energy content factor means an energy content factor specified by number (rather than by reference to a method for determining or estimating the factor) in:
(a) Schedule 1 to the NGER (Measurement) Determination; or
(b) an NGER measurement method referred to in subsection 1.4(2) of that determination as method 2.
designated metering point, for a generating unit at a facility, means:
(a) if, at the time of measurement, the generating unit is connected to the national electricity market—the metering point determined under the National Electricity Rules in force at the time of measurement; or
(b) if paragraph (a) does not apply and a relevant authority of the State or Territory where the generating unit is located has determined a metering point that applies at the time of measurement—the metering point determined by the relevant authority; or
(c) if neither paragraph (a) nor (b) applies—a metering point that allows electricity that is generated by the generating unit and exported from the facility to be measured at a time that is as close as possible to when the electricity leaves the facility.
displaced electricity:
(a) for the purposes of equation 18—has the meaning given by subsection 48(2); and
(b) for the purposes of equation 20—has the meaning given by subsection 52(2).
distribution network means a network or system that is a distribution network or a distribution system under a law that governs the operation of the network or system.
eligible renewable energy source has the same meaning as in the Renewable Energy (Electricity) Act 2000.
essential component, in relation to a generating unit, means a component of a generating unit or equipment related to the generating unit at the facility that is necessary for the generating unit to generate electricity.
excluded heat or cooling emissions has the meaning given by subsection 44(3).
excluded NGER fugitive emissions means fugitive emissions to which any of the following provisions of the NGER (Measurement) Determination apply:
(a) Part 3.2 (fugitive emissions from coal mining);
(b) Division 3.3.2 (fugitive emissions from venting or flaring from oil or gas exploration activities);
(c) Subdivision 3.3.3.3 (fugitive emissions from crude oil production (flared));
(d) Subdivision 3.3.3.4 (fugitive emissions from crude oil production (non‑flared));
(e) Subdivision 3.3.5.2 (fugitive emissions from deliberate releases from process vents, system upsets and accidents during crude oil refining activities);
(f) Subdivision 3.3.5.3 (fugitive emissions released from gas flared from oil refineries);
(g) Division 3.3.9 (fugitive emissions from venting or flaring from natural gas production or processing activities);
(h) Part 3.4 (fugitive emissions from the transport of captured carbon dioxide).
existing generating unit: a generating unit is an existing generating unit for a facility during an NGER reporting year if:
(a) the following are satisfied:
(i) the generating unit was used to generate electricity at the facility during the baseline year;
(ii) the generating unit is used to generate electricity at the facility during the NGER reporting year;
(iii) none of that generating unit’s essential components have been added or replaced after the end of the baseline year; or
(b) the following are satisfied:
(i) the generating unit was used to generate electricity at the facility during the baseline year;
(ii) the generating unit is used to generate electricity at the facility during the NGER reporting year;
(iii) since the end of the baseline year, one or more essential components of the generating unit were added or replaced;
(iv) such changes together have not had a material effect on project abatement for the project during the NGER reporting year.
facilities project has the meaning given by subsection 13(2).
facility has the same meaning as in the NGER Act.
facility site means a site at which an activity that is part of a facility is undertaken.
facility‑specific apportioning metric has the meaning given by subsection 37(5).
fixed proportion has the meaning given by section 7.
generating unit means the generator of electricity and all related equipment that is essential to its functioning as a single entity.
Global Warming Potential means a Global Warming Potential for a greenhouse gas, mentioned in regulation 2.02 of the NGER Regulations.
heat means heating or steam.
higher method has the same meaning as in the NGER (Measurement) Determination.
ineligible abatement activity has the meaning given by section 8.
input means anything that undergoes a chemical or physical process to produce an intermediate product or an output.
input or output purity change has the meaning given by subsection 38(3).
input purity means the percentage of the total quantity of an input that represents, or is required to produce, the key substance of value in the output produced from the processing of the input.
intention notice time has the meaning given by subsection 19(5).
intermediate product means a product that:
(a) results from a chemical or physical process undertaken by a facility using one or more inputs; and
(b) is then used as an input for the production of an output at the same facility.
Jobs and Competitiveness Program means the Jobs and Competitiveness Program that was in force under the Clean Energy Act 2011 immediately before the repeal of that Act by item 1 of Schedule 1 to the Clean Energy Legislation (Carbon Tax Repeal) Act 2014.
lower method has the same meaning as in the NGER (Measurement) Determination.
major change: a facility undergoes a major change during an NGER reporting year if, during the NGER reporting year:
(a) the facility undergoes ramp‑up; or
(b) a major disruption to production occurs at the facility; or
(c) the facility undergoes a significant expansion; or
(d) the facility undergoes a significant output variable change.
major disruption to production: a major disruption to production occurs at a facility during an NGER reporting year (the disruption year) if:
(a) a maintenance activity or a plant shutdown (a disrupting activity) occurs at the facility during the disruption year; and
(b) there is a change of 10% or more in the emissions intensity of a production variable for the facility for the disruption year when compared with the emissions intensity of the variable for:
(i) unless the disruption year is the first NGER reporting year of the baseline period—the NGER reporting year that immediately precedes the disruption year; or
(ii) unless the disruption year is the last NGER reporting year of the baseline period—the NGER reporting year that immediately follows the disruption year.
material effect has the meaning given by section 9.
material emissions source means an emissions source that, on its own or in combination with one or more other emissions sources, has a material effect on project abatement.
materially similar has the meaning given by section 10.
National Electricity Rules means the National Electricity Rules, as in force from time to time, made under the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 (SA).
NEM standard metering means the standard of metering mentioned in the National Electricity Rules.
new factor has the meaning given by subsection 38(2).
new generating unit: a generating unit is a new generating unit for a facility during an NGER reporting year if:
(a) the generating unit:
(i) was not used to generate electricity at the facility during the baseline year; and
(ii) is used to generate electricity at the facility during the NGER reporting year; or
(b) the following apply:
(i) the generating unit was used to generate electricity at the facility during the baseline year;
(ii) the generating unit is used to generate electricity at the facility during the NGER reporting year;
(iii) since the end of the baseline year, one or more essential components of the generating unit were added or replaced;
(iv) such changes together have had a material effect on project abatement for the project during the NGER reporting year.
Note: A generating unit covered by paragraph (b) will also be a replaced generating unit.
NGA Factors document means the document entitled “National Greenhouse Accounts Factors”, published by the Department and as in force from time to time.
NGER Act means the National Greenhouse and Energy Reporting Act 2007.
NGER facility level emissions data, for a facility, means data about the greenhouse gas emissions from the facility that is included in an NGER report about the operations of the facility.
NGER (Measurement) Determination means the National Greenhouse and Energy Reporting (Measurement) Determination 2008.
NGER measurement method means a method that:
(a) the NGER (Measurement) Determination provides for the measurement of greenhouse gas emissions; and
(b) is referred to in subsection 1.4(2) of that determination as method 1, method 2, method 3 or method 4.
NGER Regulations means the National Greenhouse and Energy Reporting Regulations 2008.
NGER report means a report about the operations of a facility that is required to be provided to the Regulator under any of the following sections of the NGER Act:
(a) section 19;
(b) section 22G;
(c) section 22X.
NGER reporting year means a financial year.
non‑monitored period has the meaning given by subsection 81(1).
officer, of a person that has operational control over a facility, means:
(a) if the person is an individual—the individual; or
(b) otherwise—an individual who:
(i) makes, or participates in making, decisions that affect the whole, or a substantial part, of the business or affairs of the person; or
(ii) has the capacity to affect significantly the person’s financial standing.
operational control has the same meaning as in the NGER Act.
original output variable, for a facility, means an output variable that was produced or processed by the facility in the first NGER reporting year of the baseline period.
output means a product that is the last product resulting from a chemical or physical process undertaken by a facility using one or more inputs or intermediate products.
output purity means the percentage of the total quantity of an output that represents the key substance of value in the output.
output variable: a product that is produced or processed by a facility is an output variable for the facility if:
(a) the product is the last saleable output from a chemical or physical process undertaken by the facility; and
(b) an increase in the quantity of the product produced or processed by the facility would result in an increase in the quantity of greenhouse gas emissions from the facility; and
(c) a decrease in the quantity of the product produced or processed by the facility would result in a decrease in the quantity of greenhouse gas emissions from the facility; and
(d) the quantity of the product can be expressed in a unit of measurement that complies with the National Measurement Act 1960; and
(e) the product is not an intermediate product, a by‑product or a waste product.
person:
(a) before 1 July 2016—means a group entity within the meaning of the NGER Act; and
(b) on and after 1 July 2016—has the same meaning as in the NGER Act.
plant shutdown: a plant shutdown occurs at a facility during an NGER reporting year if all or part of the facility is not in operation for a period during the NGER reporting year.
production variable, for a facility, means an output variable, input or intermediate product chosen to be a production variable for the facility in accordance with section 16 or 17.
production variable data, for a facility to which a facilities project relates, means data about the quantity and purity of each production variable that is produced or processed by the facility during an NGER reporting year, being data that is collected as a result of the variable being monitored in accordance with:
(a) if the NGER reporting year is in a reporting period for the project—the reporting period monitoring requirements for the variable; or
(b) otherwise—the baseline period monitoring requirements for the variable.
project abatement activity has the meaning given by subsection 13(3).
ramp‑up: a facility undergoes ramp‑up until production at the facility reaches 50% of the facility’s productive capacity over a 6‑month period for the first time.
replaced generating unit: a generating unit is a replaced generating unit for a facility during an NGER reporting year if:
(a) the generating unit:
(i) was used to generate electricity at the facility during the baseline year; and
(ii) is not used to generate electricity at the facility during the NGER reporting year; or
(b) the following apply:
(i) the generating unit was used to generate electricity at the facility during the baseline year;
(ii) the generating unit is used to generate electricity at the facility during the NGER reporting year;
(iii) since the end of the baseline year, one or more essential components of the generating unit were added or replaced;
(iv) such changes together have had a material effect on project abatement for the project during the NGER reporting year.
Note: A generating unit covered by paragraph (b) will also be a new generating unit.
reported electricity imports, for a facility during an NGER reporting year, means the quantity of purchased electricity that was consumed by the facility during the NGER reporting year, as reported to the Regulator:
(a) in an NGER report; or
(b) in an offsets report in accordance with section 68.
reported scope 1 emissions, for a facility during an NGER reporting year, means the quantity of scope 1 emissions from the facility during the NGER reporting year, as reported to the Regulator:
(a) in an NGER report; or
(b) in an offsets report in accordance with section 68.
reported scope 2 emissions, for a facility during an NGER reporting year, means the quantity of scope 2 emissions from the facility during the NGER reporting year, as reported to the Regulator:
(a) in an NGER report; or
(b) in an offsets report in accordance with section 68.
reporting period monitoring requirements, for a production variable for a facility, means:
(a) if the variable is not electricity exported from the facility—the requirements that apply to the variable under section 79; or
(b) if the variable is electricity exported from the facility—the requirements that apply to the variable under sections 79 and 80.
scope 1 emission has the same meaning as in the NGER Act.
scope 2 emission has the same meaning as in the NGER Act.
significant expansion has the meaning given by section 11.
significant output variable change has the meaning given by section 12.
similar input has the meaning given by subsection 17(4).
similar intermediate product has the meaning given by subsection 17(4).
similar output variable has the meaning given by subsection 16(2).
single site has the same meaning as in the NGER Regulations.
statement of activity intent, for a facility to which a project relates, means a statement, in a form approved by the Regulator for the purpose of this definition, that all project abatement activities that the project proponent intends to implement (or has implemented) at the time the statement is made would not be (or would not have been) implemented at the facility during the crediting period for the project in the absence of a declaration of the project as an eligible offsets project.
substitute newness requirement has the meaning given by subsections 19(2) and (3).
transmission network means a network or system that is a transmission network or a transmission system under a law that governs the operation of the network or system.
transport facility has the same meaning as in the NGER Regulations.
waste product means an output that:
(a) results from a chemical or physical process undertaken by a facility other than for the purpose of producing the output; and
(b) will be disposed of without any further processing by the facility (other than further processing in accordance with standard industry practice); and
(c) is not a by‑product.
6 Meaning of baseline period monitoring requirements
(1) The baseline period monitoring requirements, for a production variable for a facility that is not electricity exported from the facility, are as follows:
(a) the variable must have been monitored in the same manner during each NGER reporting year in the baseline period;
(b) the quantity and purity of the variable produced or processed by the facility during the baseline period must have been measured at a time that is as close as possible to when the variable entered, or left, the production or processing process.
(2) The baseline period monitoring requirements, for a production variable for a facility that is electricity exported from the facility, are the requirements mentioned in subsection (1), subject to the following:
(a) if all generating units at the facility had the same designated metering point during the baseline period, the quantity of electricity generated at the facility and exported from the facility must have been measured:
(i) in megawatt hours, at the designated metering point; and
(ii) at any time during the baseline period when the facility was connected to the national electricity market, using NEM standard metering;
(b) if not all generating units at the facility had the same designated metering point during the baseline period, the quantity of electricity generated by a generating unit at the facility and exported from the facility must have been measured:
(i) in megawatt hours, at the generating unit’s designated metering point; and
(ii) at any time during the baseline period when the generating unit was connected to the national electricity market, using NEM standard metering;
(c) at any time during the baseline period when a generating unit at the facility was not connected to the national electricity market, the quantity of electricity generated by the generating unit and exported from the facility must have been measured using metering that allows the Regulator to determine the total quantity of the exported electricity;
(d) the quantity of electricity generated by particular generating units at the facility must have been measured using equipment that allows the total quantity of exported electricity to be apportioned to each particular generating unit.
7 Meaning of fixed proportion
During the baseline period
(1) Two inputs, or 2 intermediate products, are used by a facility to which a facilities project relates in a fixed proportion to each other during the project’s baseline period if there is no more than a 5% difference between:
(a) the ratio of the amount of one of those inputs, or intermediate products, to the amount of the other input, or intermediate product, used by the facility during an NGER reporting year in the baseline period; and
(b) the ratio of the amount of one of those inputs, or intermediate products, to the amount of the other input, or intermediate product, used by the facility during any other NGER reporting year in the baseline period.
(2) An output is produced by a facility to which a facilities project relates in a fixed proportion to an input or intermediate product during the project’s baseline period if there is no more than a 5% difference between:
(a) the ratio of the amount of the output produced, to the amount of the input or intermediate product used, by the facility during an NGER reporting year in the baseline period; and
(b) the ratio of the amount of the output produced, to the amount of the input or intermediate product used, by the facility during any other NGER reporting year in the baseline period.
During a reporting period
(3) Two inputs, or 2 intermediate products, are used by a facility to which a facilities project relates in a fixed proportion to each other during a reporting period if there is no more than a 5% difference between:
(a) the ratio of the amount of one of those inputs, or intermediate products, to the amount of the other input, or intermediate product, used by the facility during an NGER reporting year in the reporting period; and
(b) the ratio of the amount of one of those inputs, or intermediate products, to the amount of the other input, or intermediate product, used by the facility during any other NGER reporting year in the reporting period or in the project’s baseline period.
(4) An output is produced by a facility to which a facilities project relates in a fixed proportion to an input or intermediate product during a reporting period if there is no more than a 5% difference between:
(a) the ratio of the amount of the output produced, to the amount of the input or intermediate product used, by the facility during an NGER reporting year in the reporting period; and
(b) the ratio of the amount of the output produced, to the amount of the input or intermediate product used, by the facility during any other NGER reporting year in the reporting period or in the project’s baseline period.
8 Meaning of ineligible abatement activity
(1) An abatement activity that is in operation at a facility to which a facilities project relates is an ineligible abatement activity for the project if:
(a) the activity is ineligible for the project under subsection (2), (3), (4) or (5); and
(b) one of the following applies:
(i) the activity was in operation at the facility for only part of the baseline year;
(ii) the activity was not in operation at the facility for any part of the baseline year;
(iii) the activity was in operation at the facility for the whole of the baseline year and there is an increase in abatement from the activity during an NGER reporting year in a reporting period for the project that has a material effect on the project abatement for the project for the NGER reporting year.
(2) An abatement activity is ineligible for the project under this subsection if:
(a) the activity is being implemented at the facility as part of another eligible offsets project; or
(b) the activity was, at any time in the past, implemented at the facility as part of another eligible offsets project and the crediting period for the other project, or if the other project has more than one crediting period, the last crediting period for the other project, has ended.
(3) An abatement activity is ineligible for the project under this subsection if:
(a) were the activity to be implemented as a separate offsets project, the activity:
(i) would not meet the additionality requirements under subsection 27(4A) of the Act; or
(ii) would be an excluded offsets project; or
(iii) would be a project covered by the Carbon Credits (Carbon Farming Initiative—Landfill Gas) Methodology Determination 2015; and
(b) the operation of the activity at the facility, on its own or in combination with one or more activities of a kind mentioned in this subsection or subsection (4) or (5), has a material effect on the project abatement for the project for an NGER reporting year during which the activity is in operation.
(4) An abatement activity is ineligible for the project under this subsection if:
(a) the activity results in an increase in the excluded NGER fugitive emissions for the facility; and
(b) the operation of the activity at the facility, on its own or in combination with one or more activities of a kind mentioned in this subsection or subsection (3) or (5), has a material effect on the project abatement for the project for an NGER reporting year during which the activity is in operation.
(5) An abatement activity is ineligible for the project under this subsection if:
(a) the amount by which the activity increases emissions outside the boundary of the facility is more than the amount by which the activity decreases emissions outside the boundary of the facility; and
(b) were the activity to cause the same overall increase in emissions inside the boundary of the facility, the activity would, on its own or in combination with one or more activities of a kind mentioned in this subsection or subsection (3) or (4), have a material effect on the project abatement for the project for an NGER reporting year during which the activity is in operation; and
(c) the activity is not an input or output purity change.
(6) For the purposes of paragraph (5)(a), the following are not to be taken into account in determining whether the amount by which an activity increases emissions outside the boundary of a facility (the relevant facility) is more than the amount by which the activity decreases emissions outside the boundary of the relevant facility:
(a) increases or decreases in emissions associated with:
(i) the extraction, transportation, transmission or distribution of fuel to the relevant facility; or
(ii) the production and installation of new equipment at the relevant facility; or
(iii) the sale or other disposal of equipment removed from the relevant facility; or
(iv) the transportation, transmission, distribution, storage, consumption or disposal, outside the relevant facility, of a production variable for the relevant facility; or
(v) the disposal of waste from the relevant facility;
(b) increases or decreases in emissions that occur at another facility as a result of changes in the importation or exportation of electricity, heat or cooling from the relevant facility, if the emissions are:
(i) scope 1 emissions of a category mentioned in subsection 1.3(4) of the NGER (Measurement) Determination; or
(ii) emissions associated with electricity consumption at the other facility; or
(iii) emissions of a kind mentioned in paragraph (a) that occur at the other facility;
(c) decreases in emissions that have, or will be, used to calculate:
(i) the carbon dioxide equivalent net abatement amount for another eligible offsets project; or
(ii) the abatement associated with an activity that would not meet the additionality requirements under subsection 27(4A) of the Act if the activity were implemented as a separate offsets project;
(d) increases or decreases in emissions associated with the use of an eligible renewable energy source used by the relevant facility to produce a production variable, electricity, heat or cooling.
9 Meaning of material effect
Something has, or would have, a material effect on the project abatement for a project for an NGER reporting year if its occurrence results, would result, or is likely to result, in a change to the project abatement for the project for the NGER reporting year of the smaller of the following:
(a) 5% or more;
(b) 25 000 tonnes CO2‑e or more.
10 Meaning of materially similar
(1) The emissions per unit of production of 2 output variables, or outputs, for a facility to which a project relates are materially similar if the average emissions per unit of production of one of those variables, or outputs, during the project’s baseline period is no more than 5% greater than the average emissions per unit of production of the other variable, or output, during that period.
(2) The emissions per unit of each similar input, or similar intermediate product, used by a facility to which a project relates are materially similar if the average emissions per unit of one of the similar inputs, or similar intermediate products, used during the project’s baseline period is no more than 5% greater than the average emissions per unit of any other similar input, or similar intermediate product, used during that period.
11 Meaning of significant expansion
(1) Subject to subsection (2), a facility to which a facilities project relates undergoes a significant expansion during an NGER reporting year if:
(a) new equipment is used by the facility during the NGER reporting year to produce or process a production variable; and
(c) the maximum productive capacity of all equipment used to produce or process the production variable during the NGER reporting year is 20% greater than the maximum productive capacity of the equipment that was used to produce or process the production variable in the earliest of the NGER reporting years in the baseline period.
(2) A facility does not undergo a significant expansion if the new equipment is primarily used to generate electricity (whether or not the new equipment is a CHP plant).
(3) In working out the maximum productive capacity of the equipment that was used to produce or process the production variable in the first NGER reporting year in the baseline period, the productive capacity of equipment that existed at the facility site during that NGER reporting year is not to be included if the equipment:
(a) was not used to produce or process the production variable during that NGER reporting year; and
(b) has now been decommissioned.
12 Meaning of significant output variable change
(1) For this determination, the facility undergoes a significant output variable change if, in any NGER reporting year of the baseline period, the emissions associated with the production of all the discrete output variables amount to 5% or more of the total emissions of the facility.
(2) For this section, an output variable of the facility during an NGER reporting year is discrete if:
(a) it is not a production variable; and
(b) it is not incorporated into a production variable in accordance with subsection 16(2) or represented by a production variable adopted under section 17.
Part 2—Facilities projects
13 Facilities projects
(1) For paragraph 106(1)(a) of the Act, this determination applies to an offsets project that involves the implementation of activities that could reasonably be expected to result in eligible carbon abatement from a facility.
(2) A project covered by subsection (1) is a facilities project.
(3) An activity mentioned in subsection (1) is a project abatement activity.
Part 3—Project requirements
Division 1—General requirements
14 Operation of this Division
For paragraph 106(1)(b) of the Act, this Division sets out requirements that must be met for a facilities project to be an eligible offsets project.
15 Implementation of activities that aim to reduce emissions from a facility
(1) The project must implement one or more project abatement activities at one or more facilities.
(2) Each facility must meet the following requirements:
(a) the facility is identified in the application made under section 22 of the Act in relation to the project;
(b) NGER reports about the operation of the facility during the project’s baseline period are provided to the Regulator no later than the first 31 October after the end of the project’s baseline period;
(c) the facility has, after the end of the project’s baseline period, one or more production variables;
(ca) information that demonstrates that all of the facility’s production variables were used or produced at the facility in every NGER reporting year of the project’s baseline period is provided to the Regulator no later than with the first offsets report;
(d) the facility did not undergo a major change during the project’s baseline period before the date of the relevant application under section 22 of the Act, and does not undergo a major change on or after that day until the last day of the project’s baseline period;
(e) the project proponent has, at the time of preparation of the first offsets report for the project, relevant NGER facility level emissions data, and production variable data, for each NGER reporting year in the project’s baseline period;
(f) the facility is not a transport facility;
(g) the facility is not a facility to which another facilities project relates;
(h) the facility does not use biomass that is not an eligible renewable energy source to produce energy;
(i) the facility does not import off‑grid electricity generated from biomass that is not an eligible renewable energy source;
(j) the facility does not import heat or cooling generated from biomass that is not an eligible renewable energy source.
(3) NGER reports relating to the operation of each facility during the project’s baseline period or a reporting period for the project must not include amounts for a facility that have been aggregated with amounts for another facility under regulation 4.25 of the NGER Regulations.
(4) The project abatement activities must not be ineligible abatement activities for the project.
Note: If a facility to which the project relates involves an ineligible abatement activity, the abatement resulting from the activity must be excluded from the total facility abatement for the project by using the adjusted on‑site facility abatement, instead of the on‑site facility abatement, for the facility to calculate the total facility abatement (see sections 26 and 28).
(5) The project must not involve the implementation of a project abatement activity that is expected to:
(a) result in abatement primarily by changing the quantity of a production variable produced or processed by the facility; and
(b) have a material effect on the project abatement for the project for an NGER reporting year.
16 Choosing production variables for facilities—output variables
(1) Subject to subsections (2) and (3) and section 17, the project proponent must choose the following to be a production variable for a facility to which the project relates:
(a) if the facility has one output variable only over the baseline period—that variable;
(b) if the facility has more than one output variable over the baseline period—each original output variable.
(1A) A project proponent must make the choices in subsection 16(2) and section 17 before applying under section 22 of the Act based upon data available at the time of application and may only remake those choices if, after the end of the baseline period, the project proponent’s original choices would no longer meet the requirements of subsection 16(2) and section 17.
Similar output variables during the baseline period
(2) If:
(a) 2 or more of a facility’s output variables (the similar output variables) can be quantified using the same unit of measurement; and
(b) the emissions per unit of production of each of the similar output variables are materially similar; and
(c) at least one of the similar output variables is an original output variable;
the project proponent may choose the similar output variables to be a single production variable for the facility instead of choosing each original output variable to be a separate production variable for the facility.
Note: This allows for certain output variables produced after the first year of the baseline period to be included as a production variable with one or more original output variables. If the facility has other original output variables that are not similar output variables, the project proponent must also choose the other original output variables to be production variables for the facility (see paragraph (1)(b)).
New output variables after end of baseline period
(3) If:
(a) during an NGER reporting year a facility starts to produce or process an output variable (the new output variable) not produced or processed by the facility during the project’s baseline period; and
(b) the project proponent has not chosen an input, or intermediate product, to be a production variable for the facility under section 17; and
(c) the new output variable is quantified using the same unit of measurement as an existing production variable (the similar production variable); and
(d) the average emissions per unit of the new output variable over the first full NGER reporting year after it is introduced is, or is reasonably expected to be, no less than 95% of the average emissions per unit of the similar production variable over the most recent NGER reporting year in which the similar production variable was produced;
the project proponent may, subject to subsection (4), choose the new output variable to be part of the similar production variable.
(4) If:
(a) the project proponent has chosen a new output variable to be part of a similar production variable under subsection 16(3); and
(b) the choice was based upon a reasonable expectation that paragraph (3)(d) was satisfied; and
(c) the average emissions per unit of the new output variable over the first full NGER reporting year after it is introduced is less than 95% of the average emissions per unit of the similar production variable over:
(i) if the similar production variable was produced in that NGER reporting year—that year; or
(ii) otherwise—the last earlier NGER reporting year during which the similar production variable was produced;
the project proponent may no longer treat the new output variable as part of the similar production variable for all subsequent NGER reporting years.
17 Choosing production variables for facilities—inputs and intermediate products
(1) If:
(a) an input or an intermediate product is used to produce a facility’s outputs; and
(b) the input or intermediate product meets the requirements set out in subsection (5); and
(c) no other input or intermediate product that meets the requirements set out in subsection (5) is used to produce any of the facility’s outputs;
the project proponent may choose the input, or the intermediate product, to be the production variable for the facility instead of the facility’s output variables.
Note: The input, or the intermediate product, chosen under this subsection will be the only production variable for the facility.
Multiple inputs and intermediate products
(2) If:
(a) 2 or more inputs, or 2 or more intermediate products, are used to produce all of a facility’s outputs; and
(b) the inputs or intermediate products are used in a fixed proportion to each other during the project’s baseline period; and
(c) the inputs or intermediate products meet the requirements set out in subsection (5);
the project proponent may choose one of the inputs or intermediate products to be the production variable for the facility instead of the facility’s output variables.
Note: The input or intermediate product chosen under this subsection will be the only production variable for the facility.
(3) Of the inputs or intermediate products that may be chosen under subsection (2), the project proponent must choose the one that is reasonably considered to have made the largest contribution to the facility’s emissions during the baseline period.
Similar inputs and similar intermediate products
(4) If:
(a) 2 or more inputs or 2 or more intermediate products are used to produce all of a facility’s outputs; and
(b) 2 or more of the inputs (the similar inputs), or 2 or more of the intermediate products (the similar intermediate products), can be quantified using the same unit of measurement; and
(c) the emissions per unit of each similar input, or similar intermediate product, used are materially similar; and
(d) the similar inputs, or similar intermediate products, meet the requirements set out in subsection (5);
the project proponent may choose the similar inputs, or similar intermediate products, to be a single production variable for the facility instead of the facility’s output variables.
Note: The similar inputs, or similar intermediate products, chosen to be a single production variable under this subsection will be the only production variable for the facility.
Requirements that must be met
(5) An input, or an intermediate product, that is used by a facility to produce multiple outputs meets the requirements set out in this subsection if:
(a) either:
(i) the outputs are produced in a fixed proportion to the input or intermediate product during the project’s baseline period; or
(ii) each output can be quantified using the same unit of measurement, and the emissions per unit of production of each output are materially similar; and
(b) an increase in the quantity of the input or intermediate product processed by the facility to produce the outputs would result in an increase in the quantity of greenhouse gas emissions from the facility; and
(c) a decrease in the quantity of the input or intermediate product processed by the facility to produce the outputs would result in a decrease in the quantity of greenhouse gas emissions from the facility; and
(d) either:
(i) the input or intermediate product is an essential component of the production process, and omitting it would prevent the production process working; or
(ii) omitting the input or intermediate product from the production process during an NGER reporting year would have a material effect on the project abatement for the NGER reporting year; and
(e) the quantity of the input or intermediate product can be expressed in a unit of measurement that complies with the National Measurement Act 1960; and
(f) for a facility that is a petroleum refinery—the input or intermediate product is used as an input to a production process (whether or not it is also a fuel that produces energy at the facility); and
(g) for a facility that is not a petroleum refinery—the input or intermediate product is not a fuel that produces energy at the facility.
18 Information to be included in application for declaration
The application under section 22 of the Act in relation to the project must include:
(a) a description of each facility to which the project relates; and
(b) a description of each intended production variable for each facility to which the project relates, including details of the following:
(i) if the intended production variable is an output variable (other than an output variable that is electricity, heat, cooling or a multi‑component, elaborately transformed product)—the key substance of value in the output variable;
(ii) if the intended production variable is an input or intermediate product—the key substance of value in the input or intermediate product; and
(c) information that shows that each intended production variable has been chosen in accordance with section 16 or 17 based upon data available at the time of application; and
(ca) an explanation of how the intended production variables would enable paragraph 15(2)(d) to be satisfied; and
(d) if biomass will be, or is likely to be, used to produce energy at the facility—a declaration that the biomass is an eligible renewable energy source; and
(e) if the facility will, or is likely to, import off‑grid electricity, or heat or cooling, generated from biomass—a declaration that the biomass is an eligible renewable energy source; and
(f) a statement of activity intent for each facility to which the project relates, that is signed by the chief financial officer, or another officer, of the person that has operational control over the facility.
Note: If the statement of activity intent for a facility is not signed by the chief financial officer of the person that has operational control over the facility, the total facility abatement for the facility for an NGER reporting year may be capped in certain circumstances (see subsection 26(2)).
Division 2—Additionality requirements
19 Requirement in lieu of newness requirement
(1) For subparagraph 27(4A)(a)(ii) of the Act, the substitute newness requirement is in lieu of the newness requirement for a facilities project.
(2) The project meets the substitute newness requirement if it has not begun to be implemented.
(3) The project also meets the substitute newness requirement if:
(a) the project proponent or project proponents for the project:
(i) gave the Regulator a written notice of intention to make an application in relation to the project that satisfied:
(A) paragraphs (1)(a) to (d) of item 388B of Schedule 1 to the amendment Act; or
(B) paragraphs (1)(a) to (d) of item 388C of that Schedule; and
(ii) made the application under section 22 of the Act, or were taken to have done so under the Act, before 1 July 2016; and
(b) the project had not begun to be implemented at the intention notice time.
(4) A determination as to whether a project has begun to be implemented at a particular time is to be done as if for the purposes of subparagraph 27(4A)(a)(i) of the Act (so that subsections 27(4B) to (4E) of the Act apply).
(5) In this section:
amendment Act means the Carbon Farming Initiative Amendment Act 2014.
intention notice time has the same meaning as in item 388B or 388C of Schedule 1 to the amendment Act, as appropriate.
Note: Transitional provisions in the Carbon Farming Initiative Amendment Act 2014 allowed prospective proponents who gave notice of their intentions before the date of Proclamation of that Act to have the newness of their projects assessed as at the time of their notice, provided that they made the section 22 application before 1 July 2015. The effect of this section is to extend this deadline to 1 July 2016 for this determination.
Part 4—Net abatement amount
Division 1—Preliminary
20 Operation of this Part
For paragraph 106(1)(c) of the Act, this Part specifies the method for working out the carbon dioxide equivalent net abatement amount for a reporting period for a facilities project that is an eligible offsets project.
Division 2—Method for calculating net abatement amount
21 Carbon dioxide equivalent net abatement amount
The carbon dioxide equivalent net abatement amount for a reporting period is worked out by adding together the project abatement for each NGER reporting year that ends during the reporting period.
22 Basis of calculation for certain NGER reporting facilities
(1) This section applies to a facilities project if:
(a) the project relates to more than one facility; and
(b) the project’s baseline period includes one or more NGER reporting years that ended on or before 30 June 2014; and
(c) an NGER report provided to the Regulator in relation to any of those NGER reporting years included aggregated information about the operation of 2 or more facilities to which the project relates (the relevant facilities) under regulation 4.29 of the NGER Regulations as in force on 30 June 2014.
Note: Under regulation 4.29 of the NGER Regulations as in force on 30 June 2014, an NGER report could, in certain circumstances, include aggregated information about facilities involved in a vertically integrated production process.
(2) For the purposes of working out the carbon dioxide equivalent net abatement amount for a reporting period under this Part, the relevant facilities are to be treated as if they were a single facility.
Division 3—Method for calculating project abatement
23 Summary
The project abatement is the amount by which the greenhouse gas emissions from all the facilities to which the project relates have been reduced during an NGER reporting year as a result of the project.
24 Timing of calculation
The project abatement for an NGER reporting year must be worked out, after the end of the NGER reporting year, in relation to project abatement activities implemented during the NGER reporting year.
25 Calculation of project abatement
(1) The project abatement for an NGER reporting year, in tonnes CO2‑e, is worked out using the formula (equation 1):
where:
AP means the project abatement for the NGER reporting year, in tonnes CO2‑e.
AT,f means the total facility abatement for facility f for the NGER reporting year, in tonnes CO2‑e, worked out in accordance with section 26.
(2) However, if the crediting period for the project ends part way through an NGER reporting year (the final NGER reporting year), the project abatement for the final NGER reporting year, in tonnes CO2‑e, is worked out using the formula (equation 2):
where:
AP means the project abatement for the final NGER reporting year, in tonnes CO2‑e.
DCP means the number of days in the final NGER reporting year that fall within the crediting period.
DNGER means the number of days in the final NGER reporting year.
AT,f means the total facility abatement for facility f for the NGER reporting year, in tonnes CO2‑e, worked out in accordance with section 26.
(3) If the amount worked out under subsection (1) or (2) for an NGER reporting year is less than zero, the project abatement for the NGER reporting year is taken to be zero.
(4) This section has effect subject to subsection 81(2).
Note: Under subsection 81(2), the project abatement for an NGER reporting year in a reporting period is taken to be zero if the project proponent fails to monitor a production variable, an input, an output or electricity as required by section 79 or 80 for more than 20% of the days in the reporting period.
26 Total facility abatement
(1) Subject to subsections (2) and (4), the total facility abatement for a facility for an NGER reporting year, in tonnes CO2‑e, is worked out using the formula (equation 3):
where:
AT,f means the total facility abatement, in tonnes CO2‑e.
AF,f means:
(a) if the on‑site facility abatement for facility f must be adjusted under section 28 for the NGER reporting year—the adjusted on‑site facility abatement, in tonnes CO2‑e, worked out in accordance with that section; or
(b) otherwise—the on‑site facility abatement for facility f for the NGER reporting year, in tonnes CO2‑e, worked out in accordance with section 27.
AE,f means:
(a) if Subdivision A of Division 7 applies to facility f for the NGER reporting year—electricity abatement adjustment A for the facility during the NGER reporting year, in tonnes CO2‑e, worked out in using equation 18; or
(b) otherwise—zero.
Note: Subdivision A of Division 7 applies to a facility for an NGER reporting year if electricity is a production variable for the facility and additional electricity is exported from the facility during the NGER reporting year as a result of project abatement activities that improve the thermal efficiency of existing generating units at the facility.
AR,f means:
(a) if Subdivision B of Division 7 applies to facility f for the NGER reporting year—electricity abatement adjustment B for the facility during the NGER reporting year, in tonnes CO2‑e, worked out in using equation 20; or
(b) otherwise—zero.
Note: Subdivision B of Division 7 applies to a facility for an NGER reporting year if electricity generated using new generating units at the facility is exported from the facility during the NGER reporting year (whether or not electricity is a production variable for the facility).
(2) If:
(a) the amount worked out under subsection (1) for a facility for an NGER reporting year is more than 100 000 tonnes CO2‑e; and
(b) a statement of activity intent for the facility, that is signed by the chief financial officer of the person that has operational control over the facility, has not been given to the Regulator;
the total facility abatement for the facility for the NGER reporting year is taken to be 100 000 tonnes CO2‑e.
(3) For the purpose of paragraph (2)(b), a statement of activity intent for a facility, that is signed by the chief financial officer of the person that has operational control over the facility, has not been given to the Regulator unless such a statement:
(a) was, under paragraph 18(f), included in the application under section 22 of the Act in relation to the project; or
(b) was otherwise given to the Regulator before the offsets report about the project for the reporting period that includes the NGER reporting year was given to the Regulator.
(4) If:
(a) a facility has not begun to implement any project abatement activities in the period between the end of the baseline period for the project and the end of an NGER reporting year; or
(b) the amount worked out under subsection (1) for a facility for an NGER reporting year relates to an NGER reporting year that is part of the baseline period for the project;
the total facility abatement for the facility for that NGER reporting year is taken to be zero.
27 On‑site facility abatement
(1) Subject to subsections (2), (3) and (4), the on‑site facility abatement for a facility for an NGER reporting year, in tonnes CO2‑e, is worked out using the formula (equation 4):
where:
AF means the on‑site facility abatement, in tonnes CO2‑e.
ECB means:
(a) if the crediting baseline (general) for the facility must be worked out under section 30 for the NGER reporting year—the crediting baseline (general), in tonnes CO2‑e, worked out using equation 6; or
(b) otherwise—zero.
ENGER,r means:
(a) if the NGER emissions (general) for the facility must be worked out under section 44 for the NGER reporting year—the NGER emissions (general), in tonnes CO2‑e, worked out using equation 16; or
(b) otherwise—zero.
ECB,Elec means:
(a) if the crediting baseline (electricity) for the facility must be worked out under section 31 for the NGER reporting year—the crediting baseline (electricity), in tonnes CO2‑e, worked out using equation 7; or
(b) otherwise—zero.
EElec,NGER,r means:
(a) if the NGER emissions (electricity) for the facility must be worked out under section 45 for the NGER reporting year—the NGER emissions (electricity), in tonnes CO2‑e, worked out using equation 17; or
(b) otherwise—zero.
(2) The on‑site facility abatement for the facility for an NGER reporting year is taken to be zero if:
(a) the amount worked out under subsection (1) for the NGER reporting year is less than zero; and
(b) neither Subdivision A nor Subdivision B of Division 7 applies to the facility for the NGER reporting year.
Note 1: Subdivision A of Division 7 applies to a facility for an NGER reporting year if electricity is a production variable for the facility and additional electricity is exported from the facility during the NGER reporting year as a result of project abatement activities that improve the thermal efficiency of existing generating units at the facility.
Note 2: Subdivision B of Division 7 applies to a facility for an NGER reporting year if electricity generated using new generating units at the facility is exported from the facility during the NGER reporting year (whether or not electricity is a production variable for the facility).
(3) The on‑site facility abatement for the facility for an NGER reporting year in a reporting period is taken to be zero if:
(a) the project proponent has, under section 17, chosen an input or intermediate product, or similar inputs or similar intermediate products, to be the production variable for the facility; and
(b) either:
(i) the outputs that are produced by the facility using the input or intermediate product, or similar inputs or similar intermediate products, are not produced in a fixed proportion to the input or intermediate product, or to each similar input or similar intermediate product, during the reporting period; or
(ii) the input or intermediate product is an input or intermediate product that was chosen under subsection 17(2), and the input or intermediate product is not used in a fixed proportion to the facility’s other inputs or intermediate products during the reporting period.
(4) The on-site facility abatement for the facility for an NGER reporting year (the relevant NGER reporting year) is taken to be zero if the facility undergoes a significant expansion during either:
(a) the relevant NGER reporting year; or
(b) an earlier NGER reporting year after the end of the baseline period.
28 Adjusted on‑site facility abatement
(1) The on‑site facility abatement for a facility must be adjusted for an NGER reporting year if one or more ineligible abatement activities for the project were in operation at the facility during the NGER reporting year.
(2) Subject to subsection (3), the adjusted on‑site facility abatement for the facility for the NGER reporting year, in tonnes CO2‑e, is worked out using the formula (equation 5):
where:
AA means the adjusted on‑site abatement, in tonnes CO2‑e.
AF means the on‑site facility abatement for the facility for the NGER reporting year, in tonnes CO2‑e, worked out in accordance with section 27.
ENA means:
(a) if an ineligible abatement activity was not in operation at the facility for any part of the baseline year—the amount of abatement associated with the activity for the NGER reporting year, in tonnes CO2‑e, worked out in accordance with whichever of subsection (4) or (5) applies; or
(b) if an ineligible abatement activity was in operation at the facility for only part of the baseline year—the amount of abatement associated with the activity for the NGER reporting year, in tonnes CO2‑e, worked out as follows:
(i) work out the amount of the abatement in accordance with whichever of subsection (4) or (5) applies; and
(ii) adjust that amount on a pro rata basis by reference to the number of days in the baseline year on which the activity was not in operation at the facility; or
(c) if an ineligible abatement activity was in operation at the facility for the whole of the baseline year and there is an increase (of a kind mentioned in subparagraph 8(1)(b)(iii)) in abatement from the activity during the NGER reporting year—the amount of the increase in abatement from the activity during the NGER reporting year, worked out using an appropriate abatement estimation approach for the activity.
(3) The adjusted on‑site facility abatement for the facility for the NGER reporting year is taken to be zero if:
(a) the amount worked out under subsection (2) for the NGER reporting year is less than zero; and
(b) neither Subdivision A nor Subdivision B of Division 7 applies to the facility for the NGER reporting year.
Note 1: Subdivision A of Division 7 applies to a facility for an NGER reporting year if electricity is a production variable for the facility and additional electricity is exported from the facility during the NGER reporting year as a result of project abatement activities that improve the thermal efficiency of existing generating units at the facility.
Note 2: Subdivision B of Division 7 applies to a facility for an NGER reporting year if electricity generated using new generating units at the facility is exported from the facility during the NGER reporting year (whether or not electricity is a production variable for the facility).
Abatement associated with ineligible abatement activity
(4) If the abatement associated with the ineligible abatement activity is required to be calculated and reported to a government body other than because of this determination, the amount of the abatement for the NGER reporting year, in tonnes CO2‑e, is the amount that:
(a) is included in the most recent of those reports for the activity; and
(b) relates to the operation of the activity on days that fall within the crediting period for the project; and
(c) has not been used before to calculate the adjusted on‑site facility abatement for the facility.
(5) If subsection (4) does not apply, or the adjusted on‑site facility abatement for the NGER reporting year is being calculated for inclusion in the final offsets report about the project and a report mentioned in subsection (4) that covers the NGER reporting year is not available, the amount of the abatement associated with the ineligible abatement activity for the NGER reporting year, in tonnes CO2‑e, must be estimated:
(a) using an appropriate abatement estimation approach for the activity; and
(b) in relation to the operation of the activity on days that fall within the crediting period for the project.
Meaning of appropriate abatement estimation approach
(6) An appropriate abatement estimation approach, for an activity, is an approach for estimating the abatement associated with the activity that:
(a) uses data from the records of the facility; and
(b) is consistent with an estimation approach that applies to the activity under another methodology determination or, if there is no methodology determination that deals with the activity, is consistent with an estimation approach that applies to activities of that kind under another abatement scheme; and
(c) is consistent with relevant measuring and estimation requirements that apply to facilities under the NGER (Measurement) Determination; and
(d) results in an estimate that is measurable, capable of being verified and conservative.
Division 4—Method for calculating crediting baseline
29 Summary
The crediting baseline for a facility is what the emissions from the facility would have been if the project had not been undertaken.
The crediting baseline (general) must be worked out for a facility if the facility has a production variable that is not electricity (whether or not electricity is also a production variable for the facility).
The crediting baseline (electricity) must be worked out for a facility if electricity is a production variable for the facility (whether or not the facility also has other production variables).
30 Crediting baseline (general)
(1) The crediting baseline (general) for a facility must be worked out under this section for an NGER reporting year if the facility has a production variable that is not electricity (whether or not electricity is also a production variable for the facility).
(2) The crediting baseline (general) for the facility for the NGER reporting year, in tonnes CO2‑e, is worked out using the formula (equation 6):
mSI means the mass of the boiler feedwater, in kilograms.
hSI means the enthalpy of the boiler feedwater, in kilojoules per kilogram.
Quantity of cooling
(2) The quantity of cooling generated by a CHP plant during an NGER reporting year, in gigajoules, is worked out using the formula (equation 29):
where:
QC,p means the quantity of cooling generated by CHP plant p, in gigajoules.
mWI means the mass of the return water that goes into the absorption chiller of the CHP plant, in kilograms.
hWI means the enthalpy of the return water that goes into the absorption chiller, in kilojoules per kilogram.
mWO means the mass of the cool water outflow from the absorption chiller, in kilograms.
hWO means the enthalpy of the cool water outflow from the absorption chiller, in kilojoules per kilogram.
Enthalpy values
(3) For the purposes of equations 28 and 29, the enthalpy values used must correspond to the values for the appropriate phase (such as saturated liquid or superheated vapour) for the measured temperature and pressure of the water (or other refrigerant used) in the CHP plant.
62 Thermal efficiency of electricity, heat and cooling generation
(1) The thermal efficiencies of electricity, heat or cooling generation (as applicable) by a CHP plant during an NGER reporting year are worked out using an approach that is consistent with the efficiency method described in the Allocation of Emissions from a CHP Plant Guide.
(2) In this section:
Allocation of Emissions from a CHP Plant Guide means the document entitled “Allocation of GHG Emissions from a Combined Heat and Power (CHP) Plant, Guide to calculation worksheets”, version 1, published by the World Resources Institute and the World Business Council for Sustainable Development in September 2006.
Note: The Allocation of Emissions from a CHP Plant Guide could in 2015 be viewed on the Greenhouse Gas Protocol website ( record keeping and monitoring requirements
Division 1—Offsets report requirements
Subdivision A—Requirements relating to timing
63 Operation of this Subdivision
For subparagraph 76(4)(e)(ii) of the Act, this Subdivision specifies the period within which an offsets report about a facilities project that is an eligible offsets project must be given to the Regulator.
64 Timing for final offsets report
(1) This section applies if the crediting period for a facilities project ends part way through an NGER reporting year (the final NGER reporting year).
(2) The offsets report about the project for the reporting period that includes the final NGER reporting year must be given to the Regulator within 6 months after the end of the final NGER reporting year.
Subdivision B—Information that must be included in an offsets report
65 Operation of this Subdivision
For paragraph 106(3)(a) of the Act, this Subdivision sets out information that must be included in an offsets report about a facilities project that is an eligible offsets project.
65A Information to confirm eligibility in the first offsets report
If the offsets report about the project is for the first reporting period for the project, the report must include:
(a) if the production variables differ from the intended production variables described in accordance with paragraph 18(b) because of new choices under subsection 16(1A):
(i) a description of each production variable for each facility to which the project relates, including details of the following:
(A) if the production variable is an output variable (other than an output variable that is electricity, heat, cooling or a multi‑component, elaborately transformed product)—the key substance of value in the output variable;
(B) if the production variable is an input or intermediate product—the key substance of value in the input or intermediate product; and
(ii) information that shows that each production variable has been chosen in accordance with section 16 or 17; and
(iii) an explanation of why the intended production variables described in accordance with paragraph 18(b) would not satisfy sections 16 and 17; and
(b) information that demonstrates that the facility did not undergo a major change during the project’s baseline period.
66 Information about new production variables
(1) The offsets report about a facilities project for a reporting period must include a description of any output variable that, in accordance with subsection 16(3), is chosen with one or more other similar output variables to be a single production variable for a facility to which the project relates.
(2) The description must include:
(a) details of the key substance of value in the output variable (unless the output variable is electricity, heat, cooling or a multi‑component, elaborately transformed product); and
(b) how the requirements of subsection 16(3) are satisfied in relation to the output variable.
67 Information about biomass used to produce energy, and imported off‑grid electricity, heat and cooling generated from biomass
(1) This section applies to an offsets report about a facilities project for a reporting period if:
(a) biomass is used during the reporting period to produce energy at a facility to which the project relates; or
(b) a facility to which the project relates imported off‑grid electricity, or heat or cooling, generated from biomass for use at the facility during the reporting period.
(2) The offsets report must include a declaration that the biomass used during the reporting period is an eligible renewable energy source.
Note: Biomass used to produce energy at a facility to which a facilities project relates, or biomass used to generate off‑grid electricity, or heat or cooling, imported by a facility to which a facilities project relates, must be an eligible renewable energy source (see paragraphs 15(2)(h) to (j)).
68 Information about greenhouse gas emissions, energy production and energy consumption
(1) This section applies to an offsets report about a facilities project for a reporting period if an NGER report about the operation of a facility to which the project relates during an NGER reporting year in the reporting period:
(a) is not required to be provided to the Regulator; or
(b) is not required to include information about the greenhouse gas emissions, energy production or energy consumption from the operation of the facility because a threshold in section 13 of the NGER Act is not met.
(2) The offsets report must include:
(a) the same information about the greenhouse gas emissions, energy production and energy consumption from the operation of the facility during the NGER reporting year as would be required to be included in an NGER report about the operation of the facility if:
(i) an NGER report were required to be provided to the Regulator; and
(ii) a threshold in section 13 of the NGER Act were met; and
(b) any other information about the greenhouse gas emissions, energy production or energy consumption from the operation of the facility during the NGER reporting year notified in writing by the Regulator.
69 Information about facilities
The offsets report about a facilities project for a reporting period must, for each facility to which the project relates, set out the following:
(a) the name of the facility;
(b) the total facility abatement for the facility, in tonnes CO2‑e, worked out using equation 3 for each NGER reporting year that ends during the reporting period;
(ba) if the method for calculating the carbon dioxide equivalent net abatement amount for the reporting period for the facility involves determining whether one or more generating units are existing generating units—information that demonstrates that each of those existing generating units are not new generating units;
(c) whether a statement of activity intent for the facility, that is signed by the chief financial officer of the person that has operational control over the facility, has been given to the Regulator as referred to in subsection 26(3).
70 Determination of certain parameters
If section 81 applies for the purpose of working out the carbon dioxide equivalent net abatement amount for a facilities project for a reporting period, the offsets report about the project for the reporting period must include the following information:
(a) the name of the parameter that the project proponent failed to monitor;
(b) the start and end dates of each non‑monitored period;
(c) if the value of the parameter was determined under subsection 81(3)—the value of the parameter and how that value was estimated;
(d) the reasons why the project proponent failed to monitor the parameter as required by the monitoring requirements.
Division 2—Notification requirements
71 Operation of this Division
For paragraph 106(3)(b) of the Act, this Division sets out notification requirements for a facilities project that is an eligible offsets project.
72 Notification requirements
(1) The project proponent for a facilities project must notify the Regulator, in writing, if an NGER report about the operation of a facility to which the project relates during an NGER reporting year in a reporting period for the project:
(a) will not be required to be provided to the Regulator; or
(b) will not be required to include information about the greenhouse gas emissions, energy production and energy consumption from the operation of the facility because a threshold in section 13 of the NGER Act will not be met.
(2) The project proponent must notify the Regulator of a matter mentioned in subsection (1) within 60 days after the project proponent becomes aware of the matter.
Division 3—Record‑keeping requirements
73 Operation of this Division
For paragraph 106(3)(c) of the Act, this Division sets out record‑keeping requirements for a facilities project that is an eligible offsets project.
74 Record‑keeping requirements
If, as part of a facilities project, equipment or other components at a facility are:
(a) removed from the facility; and
(b) disposed of;
the project proponent must keep a record of evidence that the equipment was disposed of in accordance with relevant Commonwealth, State or Territory legislative requirements.
Division 4—Monitoring requirements
75 Operation of this Division
For paragraph 106(3)(d) of the Act, this Division sets out requirements to monitor a facilities project that is an eligible offsets project.
76 Requirement to monitor greenhouse gas emissions, energy production and energy consumption
The project proponent for a facilities project must monitor the greenhouse gas emissions, energy production and energy consumption (the relevant matters) from the operation of each facility to which the project relates in such a manner as will enable accurate reports about the relevant matters to be provided to the Regulator in accordance with:
(a) the NGER Act; or
(b) section 68.
77 Requirement to monitor abatement activities implemented
(1) This section applies if:
(a) after the end of the baseline period for a facilities project, an abatement activity is implemented at a facility to which the project relates; and
(b) the project proponent identifies the abatement activity as potentially having a material effect on the project abatement of the project for an NGER reporting year.
(2) The project proponent must monitor the abatement activity in such a manner as will enable an assessment to be made as to whether or not the activity has had a material effect on the project abatement of the project for the NGER reporting year.
78 Requirement to monitor changes relating to operation of a facility
(1) This section applies if:
(a) after the end of the baseline period for a facilities project, a change is implemented at a facility to which the project relates; and
(b) the project proponent identifies that, as a result of the change, the facility has potentially undergone a significant expansion during an NGER reporting year.
(2) The project proponent must monitor the change in such a manner as will enable an assessment to be made as to whether or not the facility has undergone a significant expansion during the NGER reporting year.
79 Requirement to monitor production variables etc.
(1) The project proponent for a facilities project must monitor the quantity and purity of each production variable that is produced or processed by a facility to which the project relates in accordance with the following requirements:
(a) each variable must be monitored in the same manner as the variable was monitored at the facility during the project’s baseline period;
(b) the quantity and purity of each variable produced or processed must be measured at a time that is as close as possible to when the variable enters, or leaves, the production or processing process.
(2) If a production variable consists of similar output variables, similar inputs or similar intermediate products, subsection (1) applies as if each similar output variable, similar input or similar intermediate product were a separate production variable.
(3) If an input used by, or an output produced by, a facility to which the project relates is not a production variable for the facility, the project proponent must monitor the purity of the input or output in accordance with the following instructions:
(a) the input or output must be monitored in the same manner as the input or output was monitored at the facility during the project’s baseline period;
(b) the purity of the input or output must be measured at a time that is as close as possible to when the variable enters, or leaves, the production or processing process.
(4) This section has effect subject to section 80.
80 Requirement to monitor exported electricity
The project proponent for a facilities project must monitor any electricity that is exported from a facility to which the project relates in accordance with the following requirements:
(a) if all generating units at the facility have the same designated metering point, the quantity of electricity generated at the facility and exported from the facility must be measured:
(i) in megawatt hours, at the designated metering point; and
(ii) at any time when the facility is connected to the national electricity market, using NEM standard metering;
(b) if not all generating units at the facility have the same designated metering point, the quantity of electricity generated by a generating unit at the facility and exported from the facility must be measured:
(i) in megawatt hours, at the generating unit’s designated metering point; and
(ii) at any time when the generating unit is connected to the national electricity market, using NEM standard metering;
(c) at any time when a generating unit at the facility is not connected to the national electricity market, the quantity of electricity generated by the generating unit and exported from the facility must be measured using metering that allows the Regulator to determine the quantity of the exported electricity;
(d) the quantity of electricity generated by particular generating units at the facility must be measured using equipment that allows the total quantity of exported electricity to be apportioned to each particular generating unit.
81 Consequences of not meeting certain monitoring requirements
(1) This section applies for the purpose of working out the carbon dioxide equivalent net abatement amount for a facilities project for a reporting period if, during one or more periods (a non‑monitored period) in the reporting period, a project proponent for a facilities project fails to monitor a production variable, an input, an output or electricity (a parameter) as required by section 79 or 80.
(2) If the number of days in all the non‑monitored periods in the reporting period is more than 20% of the number of days in the reporting period, the project abatement for each NGER reporting year in the reporting period is taken to be zero.
(3) If the number of days in all the non‑monitored periods in the reporting period is equal to or less than 20% of the number of days in the reporting period, the project proponent must make a conservative estimate of the value of the parameter for each non‑monitored period having regard to:
(a) any relevant measurement or estimation approaches or requirements that apply to the parameter under the NGER (Measurement) Determination; and
(b) any relevant historical data for the project; and
(c) any other data for the project that relates to the parameter; and
(d) any other matter the project proponent considers relevant.
(4) To avoid doubt, this section does not prevent the Regulator from taking action under the Act, or regulations or rules made under the Act, in relation to the project proponent’s failure to monitor a parameter as required by the monitoring requirements.
Note: Examples of action that may be taken include the following:
(a) if the failure constitutes a breach of a civil penalty provision in section 194 of the Act (which deals with project monitoring requirements), the Regulator may apply for a civil penalty order in respect of the breach;
(b) if false or misleading information was given to the Regulator in relation to the failure, the Regulator may revoke the project’s section 27 declaration under regulations or rules made for the purposes of section 38 of the Act;
(c) if the giving of false or misleading information in relation to the failure led to the issue of Australian carbon credit units, the Regulator may require all or some of those units to be relinquished under section 88 of the Act.
Part 6—Dividing a facilities project
82 Operation of this Part
For subsection 77A(2) of the Act, this Part sets out requirements for dividing a facilities project that is an eligible offsets project.
83 Requirements for division of project
(1) A facilities project may only be divided into parts if the project relates to 2 or more facilities.
(2) If a facilities project is divided into parts:
(a) each part must consist of at least one facility to which the project relates; and
(b) a facility to which the project relates must be included in one part only.
Schedule 1—Industry average emissions intensities
Note: See the definitions of IS1,n and IEI,n in subsection 37(4).
1 Industry average emissions intensities
The scope 1 emissions intensity and the electricity intensity of a production variable produced from an activity undertaken at a facility site are set out in the following table.
Note: Petroleum refining (see item 43 of the table) and the production of high purity ethanol (see item 62 of the table) are measured in kilolitres. All other activities are measured in tonnes.
Industry average emissions intensity Column 1 Column 2 Column 3 Column 4 Item Activity Production variable Scope 1 emissions intensity (tonnes CO2‑e per tonne or kilolitre of production) Electricity intensity (megawatts per tonne or kilolitre of production) 1 Production of bulk flat glass Bulk flat glass of saleable quality 0.841 0.276 2 Production of methanol 100% equivalent methanol 0.389 0.490 3 Production of carbon black Dry pelletised carbon black of saleable quality 2.66 0.514 4 Production of silicon Silicon of saleable quality 1.42 11.7 5 Smelting zinc Zinc of saleable quality 0.120 4.25 6 Manufacture of newsprint Air dried coated or uncoated newsprint of saleable quality 0.496 0.697 7 Manufacture of newsprint Bone dried equivalent pulp from either or both of the following:
(a) woodchips;
(b) sawdust
0.0595 2.48 8 Manufacture of newsprint Bone dried equivalent pulp from recovered paper 0.0404 0.431 9 Aluminium smelting Primary aluminium (A1) 2.00 15.0 10 Production of magnesia Dry caustic calcined magnesia of saleable quality 1.44 0.0757 11 Production of magnesia Dry deadburned magnesia of saleable quality 0.103 0.202 12 Production of magnesia Dry electrofused magnesia of saleable quality 0.0751 2.45 13 Dry pulp manufacturing Dry pulp of saleable quality 0.873 0.404 14 Dry pulp manufacturing Air dried equivalent pulp 0.130 0.448 15 Cartonboard manufacturing Cartonboard of saleable quality 0.866 0.776 16 Cartonboard manufacturing Air dried equivalent pulp from either or both of the following:
(a) woodchips;
(b) sawdust
0.130 0.448 17 Packaging and industrial paper manufacturing Packaging and industrial paper of saleable quality 0.338 0.554 18 Packaging and industrial paper manufacturing Air dried equivalent pulp from either or both of the following:
(a) woodchips;
(b) sawdust
0.130 0.448 19 Printing and writing paper manufacturing Printing and writing paper of saleable quality 0.617 0.880 20 Printing and writing paper manufacturing Air dried equivalent pulp from either or both of woodchips and sawdust 0.130 0.448 21 Printing and writing paper manufacturing Air dried equivalent pulp from recovered paper 0.0 0.824 22 Alumina refining Alumina of saleable quality 0.630 0.228 23 Manufacture of carbon steel from cold ferrous feed Continuously cast carbon steel products and ingots of carbon steel of saleable quality 0.0836 0.532 24 Manufacture of carbon steel from cold ferrous feed Long products of hot‑rolled carbon steel of saleable quality 0.0756 0.133 25 Manufacture of carbon steel from cold ferrous feed Flat products of hot‑rolled carbon steel of saleable quality 0.0317 0.116 26 Production of clinker Dry Portland cement clinker of saleable quality 0.886 0.0709 27 Production of copper Copper cathode produced from copper compounds of saleable quality 0.480 1.69 28 Production of copper Copper anode produced from copper compounds of saleable quality 0.422 1.31 29 Production of copper Copper cathode produced from brought in copper anode of saleable quality 0.0573 0.387 30 Production of ethene (ethylene) 100% equivalent ethene (ethylene) of saleable quality 1.83 0.275 31 Production of fused alumina Fused alumina of saleable quality 0.0138 2.03 32 Integrated iron and steel manufacturing Dry iron ore sinter 0.227 0.0397 33 Integrated iron and steel manufacturing Dry iron ore pellets 0.114 0.0742 34 Integrated iron and steel manufacturing Dry coke oven coke 0.462 0.0397 35 Integrated iron and steel manufacturing Dry lime 0.825 0.0405 36 Integrated iron and steel manufacturing Continuously cast carbon steel products and ingots of carbon steel of saleable quality 1.56 0.145 37 Integrated iron and steel manufacturing Long products of hot‑rolled carbon steel of saleable quality 0.0756 0.133 38 Integrated iron and steel manufacturing Flat products of hot‑rolled carbon steel of saleable quality 0.0317 0.116 39 Production of lime Dry lime of saleable quality 1.21 0.0476 40 Production of manganese Manganese sinter of saleable quality 0.264 0.0300 41 Production of manganese Ferromanganese alloy of saleable quality 1.42 2.61 42 Production of manganese Silicomanganese alloy of saleable quality 1.85 4.31 43 Petroleum refining Combined stabilised crude petroleum oil, condensate, tallow, vegetable oil and eligible petroleum feedstocks 0.160 0.0421 44 Production of sodium carbonate (soda ash) and sodium bicarbonate Combined light sodium carbonate, dense sodium carbonate and refined sodium bicarbonate of saleable quality 0.828 0.130 45 Production of synthetic rutile Synthetic rutile of saleable quality 2.10 0.114 46 Production of ammonium nitrate 100% equivalent ammonium nitrate of saleable quality 2.10 0.114 47 Production of ammonia 100% equivalent anhydrous ammonia of saleable quality 1.79 0.224 48 Production of glass beads Dry weight glass beads of saleable quality 1.75 0.400 49 Production of sodium silicate glass Dry weight sodium silicate glass of saleable quality 0.622 0.0205 50 Production of polymer grade propene (polymer grade propylene) 100% equivalent dry sodium hydroxide 0.0732 2.67 51 Production of rolled aluminium Coiled aluminium sheet of saleable quality 0.469 0.982 52 Production of chlorine gas and sodium hydroxide solution 100% equivalent dry sodium hydroxide 0.0732 2.67 53 Production of coke oven coke Dry weight coke oven coke of saleable quality 0.775 0.0109 54 Production of fused zirconia Fused zirconia of saleable quality 0.794 6.07 55 Production of dried distillers grains with solubles Dried distillers grains with solubles of saleable quality that has a moisture content of equal to or less than 12% and a protein content of equal to or more than 20% (on a dry solids basis) 0.560 0.0785 56 Production of coal char Dry weight coal char of saleable quality 0.680 0.120 57 Production of glass containers Blown and pressed glass containers of saleable quality 0.495 0.308 58 Production of white titanium dioxide pigment White titanium dioxide pigment of saleable quality 1.62 0.986 59 Integrated production of lead and zinc Lead metal of saleable quality with a concentration of lead of at least 99.97% 1.12 0.355 60 Integrated production of lead and zinc Lead metal of saleable quality with a concentration of lead of at least 99.5% but less than 99.97% 0.833 0.371 61 Integrated production of lead and zinc 100% equivalent zinc in fume 3.07 0.820 62 Production of high purity ethanol 100% equivalent ethanol 0.728 0.168 63 Tissue paper manufacturing Uncoated tissue paper of saleable quality 0.646 1.67 64 Tissue paper manufacturing Air dried equivalent pulp from either or both of woodchips and sawdust 0.130 0.448 65 Production of carbamide (urea) 100% equivalent carbamide of saleable quality 0.315 0.285 66 Production of polyethylene Pelletised polyethylene of saleable quality 0.129 0.646 67 Production of iron ore pellets Dry weight iron ore pellets of saleable quality 0.0745 0.0498 68 Production of liquefied natural gas Liquefied natural gas 0.378 0.0640 69 Production of magnetite concentrate 100% equivalent iron contained in saleable magnetite concentrate 0.000323 0.0826 70 Production of ceramic floor and wall tiles Ceramic floor and wall tiles of saleable quality 0.316 0.221 71 Manufacture of reconstituted wood‑based panels Raw reconstituted wood‑based panel of saleable quality 0.0888 0.372 72 Production of hydrogen peroxide 100% equivalent hydrogen peroxide of saleable quality 0.928 0.858 73 Production of nickel 100% equivalent nickel contained in primary nickel products of saleable quality produced from nickel bearing inputs 13.2 9.29 74 Production of nickel 100% equivalent nickel contained in intermediate nickel products of saleable quality produced from nickel bearing inputs 6.80 6.45 75 Production of nickel 100% equivalent nickel contained in primary nickel products of saleable quality produced from nickel intermediate products 6.41 2.84 76 Production of nickel 100% equivalent cobalt contained in cobalt products of saleable quality 11.4 8.89 77 Production of helium 100% equivalent helium of saleable quality 0.0 36.5 78 Production of glass wool Glass wool of saleable quality 0.497 1.78 79 Rendering of animal by‑products Processed animal protein meal of saleable quality 0.440 0.248
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the amendment is set out in the endnotes.
Endnote 2—Abbreviation key
| A = Act | orig = original |
| ad = added or inserted | par = paragraph(s)/subparagraph(s) |
| am = amended | /sub‑subparagraph(s) |
| amdt = amendment | pres = present |
| c = clause(s) | prev = previous |
| C[x] = Compilation No. x | (prev…) = previously |
| Ch = Chapter(s) | Pt = Part(s) |
| def = definition(s) | r = regulation(s)/rule(s) |
| Dict = Dictionary | Reg = Regulation/Regulations |
| disallowed = disallowed by Parliament | reloc = relocated |
| Div = Division(s) | renum = renumbered |
| exp = expires/expired or ceases/ceased to have | rep = repealed |
| effect | rs = repealed and substituted |
| F = Federal Register of Legislative Instruments | s = section(s)/subsection(s) |
| gaz = gazette | Sch = Schedule(s) |
| LI = Legislative Instrument | Sdiv = Subdivision(s) |
| LIA = Legislative Instruments Act 2003 | SLI = Select Legislative Instrument |
| (md) = misdescribed amendment | SR = Statutory Rules |
| mod = modified/modification | Sub‑Ch = Sub‑Chapter(s) |
| No. = Number(s) | SubPt = Subpart(s) |
| o = order(s) | underlining = whole or part not |
| Ord = Ordinance | commenced or to be commenced |
Endnote 3—Legislation history
| Name | FRLI registration | Commencement | Application, saving and transitional provisions |
| Carbon Credits (Carbon Farming Initiative— Facilities) Methodology Determination 2015 | 16 September 2015 (F2015C00783) | 17 September 2015 (s 2) | |
| Carbon Credits (Carbon Farming Initiative—Facilities and Minor Corrections) Methodology Determination Variation 2016 | 21 March 2016 (F2016L00363) | 22 March 2016 (s 2) | Carbon Credits (Carbon Farming Initiative) Act 2011, s 126 |
Endnote 4—Amendment history
| Provision affected | How affected |
| Part 1 | |
| s 5........................................ | am F2016L00363 |
| s 11...................................... | am F2016L00363 |
| s 12 | rs F2016L00363 |
| Part 3 | |
| Division 1 | |
| s 15...................................... | am F2016L00363 |
| s 16 | am F2016L00363 |
| s 17 | am F2016L00363 |
| s 18 | am F2016L00363 |
| Part 4 | |
| Division 3 | |
| s 26...................................... | am F2016L00363 |
| s 27 | am F2016L00363 |
| Division 8 | |
| s 56...................................... | am F2016L00363 |
| s 59 | am F2016L00363 |
| Part 5 | |
| Division 1 | |
| s 65A................................... | ad F2016L00363 |
| s 66 | am F2016L00363 |
| s 69 | am F2016L00363 |
| Division 4 | |
| s 78 | am F2016L00363 |
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