Clean Energy Amendment Regulation 2013 (No. 2) (Cth)
Clean Energy Amendment Regulation 2013 (No. 2)
Select Legislative Instrument No. 45, 2013
I, Quentin Bryce, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Clean Energy Act 2011.
Dated 28 March 2013
Quentin Bryce
Governor‑General
By Her Excellency’s Command
Greg Combet
Minister for Climate Change, Industry and Innovation
Contents
1............ Name of regulation............................................................................. 1
2............ Commencement.................................................................................. 1
3............ Authority............................................................................................ 1
4............ Schedule(s)......................................................................................... 1
Schedule 1—Amendments commencing day after registration 1
Clean Energy Regulations 2011 1
Schedule 2—Amendments commencing 1 July 2013 1
Clean Energy Regulations 2011 1
Schedule 3—Amendments commencing 1 July 2017 1
Clean Energy Regulations 2011 1
1Name of regulation
This regulation is the Clean Energy Amendment Regulation 2013 (No. 2).
2Commencement
Each provision of this regulation 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 |
| Provision(s) | Commencement | Date/Details |
| 1. Sections 1 to 4 and anything in this regulation not elsewhere covered by this table | The day after this regulation is registered. | |
| 2. Schedule 1 | The day after this regulation is registered. | |
| 3. Schedule 2 | 1 July 2013. | 1 July 2013 |
| 4. Schedule 3 | 1 July 2017. | 1 July 2017 |
3Authority
This regulation is made under the Clean Energy Act 2011.
4Schedule(s)
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments commencing day after registration
Clean Energy Regulations 2011
1 Paragraph 345(1)(a) of Schedule 1
Omit “more than 50%”, substitute “at least 50%”.
2 Paragraph 345(1)(b) of Schedule 1
Omit “less than 40%”, substitute “no more than 40%”.
3 Paragraph 345(4)(a) of Schedule 1
Omit “more than 50%”, substitute “at least 50%”.
4 Paragraph 345(4)(b) of Schedule 1
Omit “less than 40%”, substitute “no more than 40%”.
5 Subclause 348(5) of Schedule 1 (paragraph (a) of the definition of cobalt products)
After “(Co(OH)2)”, insert “or cobalt oxyhydroxide (CoOOH)”.
6 Subclause 348(5) of Schedule 1 (paragraph (b) of the definition of intermediate nickel products)
Repeal the paragraph, substitute:
(b) mixed nickel‑cobalt hydroxide precipitate where the concentration of nickel is between 35% and 47% with respect to mass, measured on a dry weight basis;
7 At the end of Part 3 of Schedule 1
Add:
Division 49 Production of helium
349 (1) The production of helium is the chemical and physical transformation of a gas mixture that has a mole fraction of helium of no more than 10% to a product with a mole fraction of helium of at least 99%.
(2) The production of helium is specified as an emissions‑intensive trade‑exposed activity.
(3) The production of helium is a moderately emissions‑intensive activity.
(4) For the production of helium, the basis for the issue of free carbon units is by a tonne of 100% equivalent helium that:
(a) is produced by carrying on the emissions‑intensive trade‑exposed activity; and
(b) is of saleable quality.
Note: Saleable quality is explained in Part 2.
8 Subclause 401(1) of Schedule 1 (after table item 2.14)
Insert:
| 2.15 | Production of helium | 100% equivalent helium of saleable quality | 0.0 | 36.5 | n/a |
9 Subclause 702(1A) of Schedule 1
Repeal the subclause, substitute:
(1A) Despite paragraph (1)(c), an application for the year ending 30 June 2013 relating to an activity mentioned in Division 43, 48 or 49 of Part 3 may be given to the Regulator not later than 31 May 2013.
Schedule 2—Amendments commencing 1 July 2013
Clean Energy Regulations 2011
1 At the end of Division 3 of Part 3
Add:
3.5C Application of natural gas to own use
For subsection 35B(1) of the Act, if:
(a) during:
(i) the financial year commencing on 1 July 2013; or
(ii) a later eligible financial year;
a person applies an amount of natural gas to the person’s own use; and
(b) greenhouse gas is released into the atmosphere as a direct result of the application of the amount of natural gas to the person’s own use; and
(c) no preliminary emissions number under section 33 or 35 of the Act is wholly or partly attributable to any supply of the natural gas; and
(d) no provisional emissions number under section 35A of the Act is wholly or partly attributable to any supply of the natural gas; and
(e) no provisional emissions number under section 20, 21, 22, 23, 24 or 25 of the Act is wholly or partly attributable to covered emissions from the use of the natural gas; and
(f) the potential greenhouse gas emissions embodied in the amount mentioned in paragraph (a) have a CO2‑e of at least 10,000 tonnes;
then, for the purposes of the Act:
(g) the number of emissions (in CO2‑e tonnes) is a provisional emissions number of the person for the eligible financial year; and
(h) the person is a liable entity for the eligible financial year.
Schedule 3—Amendments commencing 1 July 2017
Clean Energy Regulations 2011
1 Paragraph 907(13)(b) of Schedule 1 (table items 1, 2 and 3)
Repeal the items, substitute:
| 1 | New South Wales | 12.8 | 13.5 |
| 2 | Victoria | 3.9 | 3.9 |
| 3 | Queensland | 8.7 | 7.6 |
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