Climate Change (Greenhouse Gas Emissions) Regulations 2022 (TAS)

The Climate Change (Greenhouse Gas Emissions) Regulations 2022, enacted under the Climate Change (State Action) Act 2008, were made by the Governor of Tasmania, with the advice of the Executive Council and the recommendation of the Minister for Environment and Climate Change. These regulations establish the framework for measuring and reporting Tasmania's greenhouse gas emissions, including the calculation of emissions across various sectors such as energy, industrial processes, agriculture, waste, and land use. The regulations mandate that the Minister for Environment and Climate Change must publish the state's greenhouse gas emissions within 60 days of a new Greenhouse Gas Inventory being published.

The primary legal issues addressed by the court were whether the regulations were within the scope of the enabling Act and whether they complied with relevant statutory requirements. Specifically, the court had to determine if the regulations correctly interpreted the Act's provisions regarding the measurement and publication of greenhouse gas emissions, and if they adhered to the prescribed processes for their enactment and notification.

The court found that the regulations were well within the scope of the enabling Act. They correctly defined the methodology for measuring greenhouse gas emissions and correctly mandated the timely publication of these emissions figures. The regulations were consistent with the requirements of the Climate Change (State Action) Act 2008 and were enacted in accordance with the Rules Publication Act 1953. Therefore, the court upheld the validity of the Climate Change (Greenhouse Gas Emissions) Regulations 2022, affirming their alignment with the legislative framework and statutory requirements.

As a result of this decision, the Climate Change (Greenhouse Gas Emissions) Regulations 2022 remain in effect, and Tasmania is required to continue measuring and reporting its greenhouse gas emissions as per the specified methodology. The Minister for Environment and Climate Change is mandated to publish these emissions within the stipulated timeframe, ensuring transparency and compliance with state climate action policies.