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

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

Select Legislative Instrument 2012 No. 52

I, QUENTIN BRYCE, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the National Greenhouse and Energy Reporting Act 2007.

Dated 19 April 2012

QUENTIN BRYCE

Governor‑General

By Her Excellency’s Command

Minister for Climate Change and Energy Efficiency

Contents

1Name of regulation                                              2

2Commencement                                                 2

3Amendment of National Greenhouse and Energy Reporting Regulations 2008         2

Schedule 1Amendment commencing on day after registration 3

Schedule 2Amendments commencing immediately after commencement of Schedule 2 to SLI 2011 No. 115 4

Name of regulation

This regulation is the National Greenhouse and Energy Reporting Amendment Regulation 2012 (No. 1).

Commencement

This regulation commences as follows:

(a)the day after it is registered—sections 1 to 3 and Schedule 1;

(b)immediately after the commencement of Schedule 2 to the National Greenhouse and Energy Reporting Amendment Regulations 2011 (No. 1) (SLI 2011 No. 115)—Schedule 2.

Note Schedule 2 to the National Greenhouse and Energy Reporting Amendment Regulations 2011 (No. 1) commences on 1 July 2012.

Amendment of National Greenhouse and Energy Reporting Regulations 2008

Schedules 1 and 2 amend the National Greenhouse and Energy Reporting Regulations 2008.

Schedule 1 Amendment commencing on day after registration

(section 3)

[1] Subparagraphs 4.25 (3) (c) (i) to (iii)

substitute

(i)the State or Territory to which the facility’s activities are attributable; and

(ii)if the facility is a transport facility or a network or pipeline facility—the street address of the facility (if any); and

(iii)if the facility is not a transport facility or a network or pipeline facility—either of the following:

(A)the latitude and longitude of the site where the activities constituting the facility are undertaken;

(B)the street address of the facility (if any).

Schedule 2 Amendments commencing immediately after commencement of Schedule 2 to SLI 2011 No. 115

(section 3)

[1] Regulation 1.03, heading

substitute

1.03Definitions

[2] Regulation 1.03, definition of audited body

omit

registered corporation, a person referred to in section 20 of the Act or a project proponent,

insert

person

[3] Regulation 1.03

insert

biofuel means a liquid fuel derived or recovered from biomass.

[4] Regulation 1.03

insert

biogas means a gaseous fuel derived or recovered from biomass.

[5] Regulation 1.03

insert

biomass means non‑fossilised and biodegradable organic material originating from plants, animals and micro‑organisms, and includes:

(a)products, by‑products, residues and waste from industry, including the agriculture and forestry industries; and

(b)non‑fossilised and biodegradable organic components of commercial and industrial, construction and demolition, and municipal waste.

[6] Regulation 1.03

insert

captured for combustion, in relation to gas, means a gas that is captured and:

(a)combusted to produce useable heat or electricity; or

(b)injected into a pipeline.

[7] Regulation 1.03, definition of carbon capture and storage

omit

[8] Regulation 1.03

insert

coal mine waste gas means a substance that:

(a)consists of:

(i)naturally occurring hydrocarbons; or

(ii)a naturally occurring mixture of hydrocarbons and non‑hydrocarbons; and

(b)is:

(i)drained from:

(A)a coal mine that is covered by a lease (however described) that authorises coal mining; or

(B)a closed coal mine that is, or was, covered by a lease (however described) that authorises, or authorised, coal mining; or

(ii)conveyed in a ventilation air shaft or duct to the surface of a mine mentioned in subparagraph (i).

[9] Regulation 1.03

insert

coal seam methane means a substance that:

(a)consists of:

(i)naturally occurring hydrocarbons; or

(ii)a naturally occurring mixture of hydrocarbons and non‑hydrocarbons; and

(b)consists mainly of methane; and

(c)is drained from a coal seam; and

(d)is not coal mine waste gas; and

(e)has not been injected into a natural gas supply pipeline.

[10] Regulation 1.03, definition of compressed natural gas

substitute

compressed natural gas means natural gas that is sourced from a vessel (other than a pipeline) where the gas is contained in a gaseous state and compressed to more than 18 megapascals.

[11] Regulation 1.03, definition of consumption

omit

subregulation 2.23 (4).

insert

regulation 2.26.

[12] Regulation 1.03

insert

covered emission has the same meaning as in the Clean Energy Act 2011.

[13] Regulation 1.03

insert

decommissioned underground mine means an underground coal mine where the following activities have not occurred for at least the previous 12 months, and are not expected to occur in the future:

(a)coal production;

(b)drainage of methane from the mine (including pre‑draining activities);

(c)active mine ventilation, including the operation of ventilation fans at the mine.

[14] Regulation 1.03

insert

designated joint venture has the same meaning as in the Clean Energy Act 2011.

[15] Regulation 1.03, definition of efficiency method

omit

[16] Regulation 1.03, definition of emissions

omit

[17] Regulation 1.03

insert

exempt landfill emissions has the same meaning as in the Clean Energy Act 2011.

[18] Regulation 1.03, definition of facilities of the corporation

substitute

facility of the person means a facility about which the person is required to report under Part 3, 3A, 3D, 3E or 3F of the Act.

[19] Regulation 1.03, definition of feedstock

substitute

feedstock has the same meaning as in the Clean Energy Act 2011.

[20] Regulation 1.03

insert

Greater Sunrise unit area has the same meaning as in the Clean Energy Act 2011.

[21] Regulation 1.03, definition of landfill gas

substitute

landfill biogas means a biogas that is derived from the decomposition of biomass in landfill.

[22] Regulation 1.03

insert

landfill facility has the same meaning as in the Clean Energy Act 2011.

[23] Regulation 1.03

insert

large gas consuming facility has the same meaning as in the Clean Energy Act 2011.

[24] Regulation 1.03

insert

legacy emissions has the same meaning as in the Clean Energy Act 2011.

[25] Regulation 1.03, definition of liquid aromatic hydrocarbons

substitute

liquefied aromatic hydrocarbons means hydrocarbons that consist mainly of benzene, toluene and xylene.

[26] Regulation 1.03

insert

liquefied natural gas means natural gas that is sourced from a process or vessel where the gas is in a liquid state.

[27] Regulation 1.03

insert

liquid petroleum fuel means the following:

(a)excisable goods (within the meaning given by subsection 4 (1) of the Excise Act 1901) classified to item 10 (other than subitem 10.19A, 10.19B, 10.19C or 10.19D) of the Schedule to the Excise Tariff Act 1921;

(b)imported goods that would be classified to that item (other than subitem 10.19A, 10.19B, 10.19C or 10.19D) if the goods were manufactured in Australia.

[28] Regulation 1.03

insert

liquid petroleum gas has the same meaning as liquefied petroleum gas in subsection 3 (1) of the Excise Tariff Act 1921.

[29] Regulation 1.03, definition of network facility

substitute

network or pipeline facility means a facility that is in an industry sector mentioned in subregulation 2.20 (2).

[30] Regulation 1.03

insert

natural gas means a substance that:

(a)is in a gaseous state at standard temperature and pressure; and

(b)consists of:

(i)naturally occurring hydrocarbons; or

(ii)a naturally occurring mixture of hydrocarbons and non‑hydrocarbons; and

(c)consists mainly of methane; and

(d)has been injected into a natural gas supply pipeline.

[31] Regulation 1.03

insert

natural gas supply pipeline has the same meaning as in the Clean Energy Act 2011.

[32] Regulation 1.03

insert

obligation transfer number has the same meaning as in the Clean Energy Act 2011.

[33] Regulation 1.03

insert

personal identification number means a unique number issued by the Regulator to identify a particular person.

[34] Regulation 1.03, definition of petroleum coke

substitute

petroleum coke means a solid substance that:

(a)consists mainly of carbon; and

(b)is derived from the cracking of hydrocarbons in petroleum refining; and

(c)is not refinery coke.

[35] Regulation 1.03

insert

primary fuel or energy commodity means a fuel or energy commodity extracted or captured from natural sources with minimal processing, and includes the fuels and energy commodities mentioned in Schedule 1 as being primary fuels or energy commodities.

[36] Regulation 1.03, definition of production

omit

subregulation 2.23 (3).

insert

regulation 2.25.

[37] Regulation 1.03, definition of project proponent

omit

[38] Regulation 1.03, definition of refinery coke

substitute

refinery coke means a solid substance that:

(a)consists mainly of carbon; and

(b)is deposited on a catalyst used in the cracking process in petroleum refining.

Note Refinery coke is not easily recoverable as a discrete product but is generally removed from the catalyst by using heat in the presence of air.

[39] Regulation 1.03, definition of refinery gases and liquids

refinery gases and liquids means gases or liquids that:

(a)are produced during petroleum refining; and

(b)are unrefined products;

(c)are not mentioned in any of items 17 to 26 or 31 to 45 of Schedule 1.

Note Refinery gases and liquids are produced at a refinery and are usually:

(a)combusted as a source of energy within a refinery; or

(b)refined into saleable petroleum products.

[40] Regulation 1.03, definition of reporting year

substitute

reporting year means one of the years for which a person must provide a report under Part 3, 3A, 3D, 3E or 3F of the Act.

[41] Regulation 1.03, definition of scope 1 emissions

insert

scope 1 emission has the meaning given by regulation 2.23.

[42] Regulation 1.03, definition of scope 2 emissions

insert

scope 2 emission has the meaning given by regulation 2.24.

[43] Regulation 1.03

insert

secondary fuel or energy commodity means a fuel or energy commodity produced by converting energy from one form (usually a primary fuel or energy commodity) to another form for consumption, and includes the fuels and energy commodities mentioned in Schedule 1 as being secondary fuels or energy commodities.

[44] Regulation 1.03

insert

unprocessed natural gas means a substance that:

(a)is in a gaseous state at standard temperature and pressure; and

(b)consists of:

(i)naturally occurring hydrocarbons; or

(ii)a naturally occurring mixture of hydrocarbons and non‑hydrocarbons; and

(c)consists mainly of methane; and

(d)has not been injected into a natural gas supply pipeline; and

(e)is not compressed natural gas, liquefied natural gas or coal seam methane.

[45] Regulation 1.03, note

substitute

Note A number of terms in these Regulations are defined in the Act, including:

·audit team member

·CFI audit

·controlling corporation

·emissions number

·greenhouse and energy audit

·greenhouse gas project

·group

·interim emissions number

·liable entity

·member

·official of the Regulator

·person

·provisional emissions number

·Register

·registered greenhouse and energy auditor

·Regulator

·subsidiary.

[46] Regulation 2.01A

omit

registered corporation as having administrative responsibility for 1 or more facilities of the corporation.

insert

person who is a registered corporation as having administrative responsibility for one or more facilities of the person.

[47] Regulation 2.02

after

For

insert

paragraph (a) of

[48] Regulations 2.04, 2.05 and 2.07

omit

[49] Division 2.3

omit

[50] Regulation 2.13A

omit

[51] Subregulation 2.14 (2)

omit

1 corporation could satisfy subregulation (1) at any 1 time, then the corporation

insert

one person could satisfy subregulation (1) at any one time, then the person

[52] Regulation 2.18, heading

substitute

2.18Forming part of a single undertaking or enterprise—listed activity for more than one single undertaking or enterprise

[53] Subregulation 2.18 (4)

substitute

(4)If the person identifies that the listed activity is ancillary to an activity in only one of the series of activities or is not ancillary to any activities in any of the series of activities, the person must record that decision.

[54] Subregulation 2.18 (5)

omit

corporation identifies that the listed activity is ancillary to an activity in more than 1 of the series of activities, the corporation must:

insert

person identifies that the listed activity is ancillary to an activity in more than one of the series of activities, the person must:

[55] Paragraph 2.18 (6) (a)

omit

corporation has identified that the listed activity is ancillary to an activity in 1 only

insert

person has identified that the listed activity is ancillary to an activity in only one

[56] Paragraph 2.18 (6) (b)

substitute

(b)if the person has identified that the listed activity is ancillary to an activity in more than one of the series of activities—the listed activity will form part of each of the single undertakings or enterprises comprising the relevant series of activities in the proportions specified in the person’s identification; and

[57] Paragraphs 2.20 (2) (a) to (e)

substitute

(a)Electricity distribution (263);

(b)Electricity transmission (262);

(c)Gas supply (270);

(d)Pipeline and other transport (502);

(e)Telecommunications services (580);

(f)Water supply, sewerage and drainage services (281).

[58] Division 2.5

substitute

Division 2.5 Meaning of terms in section 10 of Act

2.23Meaning of scope 1 emission

For paragraph 10 (1) (a) of the Act, scope 1 emission of greenhouse gas, in relation to a facility, means the release of greenhouse gas into the atmosphere as a direct result of an activity or series of activities (including ancillary activities) that constitute the facility.

2.24Meaning of scope 2 emission

For paragraph 10 (1) (aa) of the Act, scope 2 emission of greenhouse gas, in relation to a facility, means the release of greenhouse gas into the atmosphere as a direct result of one or more activities that generate electricity, heating, cooling or steam that is consumed by the facility but that do not form part of the facility.

2.25Meaning of production

For paragraph 10 (1) (e) of the Act, production of energy, in relation to a facility, means either of the following:

(a)the extraction or capture of energy from natural sources for final consumption by or from the operation of the facility or for use other than in the operation of the facility;

(b)the manufacture of energy by the conversion of energy from one form to another form for final consumption by or from the operation of the facility or for use other than in the operation of the facility.

2.26Meaning of consumption

For paragraph 10 (1) (f) of the Act, consumption of energy, in relation to a facility, means the use or disposal of energy from the operation of the facility, including own‑use and losses in extraction, production and transmission.

Division 2.6 Operational control—information to accompany nomination

2.27Purpose of Division

(1)For paragraphs 11AA (3) (c), 11AB (3) (c), 11B (3) (c) and 11C (3) (c) of the Act, this Division specifies information to accompany nominations.

(2)For section 77 of the Act, a nomination under subsection 11AA (2), 11AB (2), 11B (2) or 11C (2) of the Act takes effect, in relation to the period mentioned in that subsection, when it is given to the Regulator.

2.28First nomination of person or trustee

(1)This regulation applies if:

(a)a person or trustee is nominated to have operational control over a facility under subsection 11AA (2), 11AB (2), 11B (2) or 11C (2) of the Act; and

(b)the person or trustee has not previously been nominated to have operational control over the facility under that subsection.

(2)The nomination must be accompanied by the following information:

(a)the nominee’s name and identifying details (if any);

(b)if the nominee is an individual—the following:

(i)the nominee’s telephone number, email address and residential address;

(ii)if the nominee’s postal address is different from the nominee’s residential address—the nominee’s postal address;

(c)if the nominee is not an individual—the following:

(i)the postal address of the head office of the nominee;

(ii)the name, position, telephone number, email address and postal address of a contact person for the nominee;

(d)which section of the Act the nominee is nominated for;

(e)the period for which the nominee is nominated (the relevant period);

(f)the name of the facility for which the nominee is nominated;

(g)all of the following that apply to the facility:

(i)if the facility has a street address—that address;

(ii)if the facility is a network or pipeline facility or a transport facility—the State or Territory to which the activities constituting the facility are attributable;

(iii)if the facility is not a network or pipeline facility or a transport facility—the latitude and longitude of the site where the activities constituting the facility are undertaken;

(h)a statement that no declaration under section 55 or 55A of the Act applies in relation to the facility at any time during the relevant period.

(3)If the nomination is made under subsection 11AA (2) or 11B (2) of the Act, the nomination must also be accompanied by the following information:

(a)a statement that each of the other persons who satisfies paragraph 11 (1) (a) of the Act in relation to the facility for the relevant period consents to the nomination of the nominee;

(b)for each of the persons mentioned in paragraph (a)—the following:

(i)the person’s name, postal address and identifying details (if any);

(ii)the name, position, telephone number, email address and postal address of a contact person for the person;

(c)if the nominee is a foreign person—a statement that all of the persons mentioned in paragraph (a) are also foreign persons.

(4)If the nomination is made under subsection 11AB (2) or 11C (2) of the Act, the nomination must also be accompanied by the following information:

(a)a statement that each of the other trustees in relation to the facility for the relevant period consents to the nomination of the nominee;

(b)for each of the trustees mentioned in paragraph (a)—the following:

(i)the trustee’s name, postal address and identifying details (if any);

(ii)the name, position, telephone number, email address and postal address of a contact person for the trustee;

(c)if the nominee is a foreign person—a statement that all of the trustees mentioned in paragraph (a) are also foreign persons.

2.29Subsequent nomination of person or trustee

(1)This regulation applies if:

(a)a person or trustee is nominated to have operational control over a facility under subsection 11AA (2), 11AB (2), 11B (2) or 11C (2) of the Act; and

(b)the person or trustee has previously been nominated to have operational control over the facility under that subsection; and

(c)the conditions set out in subsection 11AA (1), 11AB (1), 11B (1) or 11C (1) of the Act (whichever is applicable) continue to be satisfied.

(2)The nomination must be accompanied by the following information:

(a)the nominee’s name and identifying details (if any);

(b)which section of the Act for which the nominee is nominated;

(c)the period for which the nominee is nominated (the relevant period);

(d)the name of the facility for which the nominee is nominated;

(e)all of the following that apply to the facility:

(i)if the facility has a street address—that address;

(ii)if the facility is a network or pipeline facility or a transport facility—the State or Territory to which the activities constituting the facility are attributable;

(iii)if the facility is not a network or pipeline facility or a transport facility—the latitude and longitude of the site where the activities constituting the facility are undertaken;

(f)if the nomination is made under subsection 11AA (2) or 11B (2) of the Act—a statement that each of the other persons who satisfy paragraph 11 (1) (a) of the Act in relation to the facility for the relevant period consents to the nomination of the nominee;

(g)if the nomination is made under subsection 11AB (2) or 11C (2) of the Act—a statement that each of the other trustees in relation to the facility for the relevant period consents to the nomination of the nominee.

[59] Regulation 3.02, heading

substitute

3.02Application by controlling corporation—content of application

[60] Paragraph 3.02 (1) (c)

omit

the chief executive officer or equivalent of the controlling corporation, including his or her

insert

at least one executive officer (or equivalent) of the controlling corporation, including the officer’s

[61] Subparagraph 3.02 (1) (e) (ii)

omit

details.

insert

details;

[62] After paragraph 3.02 (1) (e)

insert

(f)a statement about whether the controlling corporation is also a liable entity, or is likely to be a liable entity, mentioned in subsection 15A (1) or 15AA (1) of the Act;

(g)if a personal identification number has been issued by the Regulator to the controlling corporation—the controlling corporation’s personal identification number;

(h)if the controlling corporation is a foreign person—details of a contact person in Australia for the controlling corporation, including the contact person’s name, telephone number and postal address.

[63] After subregulation 3.02 (2)

insert

(3)If a controlling corporation is already registered under Division 4 of Part 2 of the Act, an application under section 12 or 14 of the Act is not required to include any information that was included in the application for registration under that Division (if the information has not changed).

[64] Regulation 3.03, heading

substitute

3.03Application by controlling corporation—form of application

[65] After regulation 3.03

insert

3.03AApplication by liable entity—content of application

(1)For paragraphs 15A (4) (c) and 15AA (4) (c) of the Act, an application under section 15A or 15AA of the Act must set out the following information:

(a)the applicant’s name and trading name (if any);

(b)if the applicant is not an individual—the street address of the head office of the applicant;

(c)which section of the Act the applicant is applying under;

(d)the year for which the applicant is first required to register;

(e)if a personal identification number has been issued by the Regulator to the applicant—the applicant’s personal identification number.

(2)The application must also set out the following information if the information has not previously been given to the Regulator:

(a)the applicant’s identifying details (if any);

(b)a statement about whether the applicant is an individual, a body corporate, a trust, a corporation sole, a body politic or a local governing body;

(c)if the applicant is a subsidiary of a controlling corporation registered under the Act—a statement to that effect, and the identifying details of the controlling corporation;

(d)if the applicant is an individual—the following:

(i)the applicant’s telephone number, email address and residential address;

(ii)if the applicant’s postal address is different from the applicant’s residential address—the applicant’s postal address;

(e)if the applicant is not an individual—the following:

(i)the postal address of the head office of the applicant;

(ii)the name, position, telephone number, email address and postal address of a contact person for the applicant;

(f)if the applicant is a body corporate—details of at least one executive officer (or equivalent) of the body corporate, including the officer’s name, telephone number, email address and postal address;

(g)if the applicant is a trust—the name and postal address of each trustee;

(h)if the applicant is a corporation sole—the name and postal address of the individual who makes up the corporation sole;

(i)if the applicant is a body politic or local governing body—the name and postal address of at least one officeholder of the body politic or local governing body;

(j)if the applicant is a body established under a law of the Commonwealth, a State or Territory (other than a general law allowing incorporation as a company or body corporate)—the following:

(i)the name of the legislation;

(ii)the date the body was established;

(iii)whether the body is a Commonwealth, State or Territory body.

[66] Divisions 3.3 and 3.4

substitute

Division 3.3 National Greenhouse and Energy Register

3.04Information to be set out in Register

(1)For paragraph 16 (1) (b) of the Act, the Regulator must ensure that the following information is set out in the Register for each person registered under Division 3 or 4 of Part 2 of the Act:

(a)the registered person’s name, identifying details and trading name (if any);

(b)the section of the Act under which the person applied for registration;

(c)the reporting year for which the person was first registered;

(d)information about the person’s compliance with the Act, including information about:

(i)whether the person has been convicted of an offence under the Act; and

(ii)whether a court order has been made against the person for the contravention of a civil penalty provision in the Act;

(e)information about greenhouse and energy audits carried out in relation to the person, including information about:

(i)whether a greenhouse and energy audit has been carried out in relation to the person; and

(ii)the type of audit carried out; and

(iii)the name of the audit team leader appointed to carry out the audit; and

(iv)the findings of the audit.

(2)If the registered person is a controlling corporation, the Register must also set out the following:

(a)if the controlling corporation has applied for registration under section 12 of the Act—the name of each affected group member of the controlling corporation’s group during the financial year for which the application is made;

(b)if the controlling corporation has applied for registration under section 14 of the Act—the name of each affected group member of the controlling corporation’s group that is undertaking or is proposing to undertake a greenhouse gas project to which the application relates;

(c)for each reporting year—the name, identifying details and trading name (if any) of each affected group member of the controlling corporation’s group, as set out in the controlling corporation’s report given to the Regulator for that year.

Division 3.4 Deregistration

3.05Application to be deregistered—content of application

(1)For paragraph 18B (2) (c) of the Act, an application by a registered person to be deregistered must set out the following information:

(a)the applicant’s name and identifying details (if any);

(b)if the applicant is an individual—the following:

(i)the applicant’s telephone number, email address and residential address;

(ii)if the applicant’s postal address is different from the applicant’s residential address—the applicant’s postal address;

(c)if the applicant is not an individual—the name, position, telephone number, email address and postal address of a contact person for the applicant;

(d)if the applicant is a body corporate—details of at least one executive officer (or equivalent) of the body corporate, including the officer’s name, telephone number, email address and postal address;

(e)if the applicant is a trust—the name and postal address of each trustee;

(f)if the applicant is a corporation sole—the name and postal address of the individual who makes up the corporation sole;

(g)if the applicant is a body politic or local governing body—the name and postal address of at least one officeholder of the body politic or local governing body;

(h)a statement that the applicant does not hold a reporting transfer certificate;

(i)a statement that the applicant has complied with the applicant’s obligations under the Act;

(j)a statement that the applicant is not, and is not likely to be, a liable entity for:

(i)the financial year in which the application is made; and

(ii)the 2 financial years following the financial year in which the application is made;

(k)if a personal identification number has been issued by the Regulator to the applicant—the applicant’s personal identification number.

(2)If there are likely to be covered emissions from the operation of the facility (for which the applicant was registered) for:

(a)the financial year in which the application is made; and

(b)the 2 financial years following the financial year in which the application is made;

the application must also set out an estimate of the amount of those covered emissions, and a statement about why the covered emissions will be unlikely to exceed the emissions threshold.

(3)If the applicant is unlikely to supply natural gas in:

(a)the financial year in which the application is made; and

(b)the 2 financial years following the financial year in which the application is made;

the application must also set out a statement about why the applicant is unlikely to do so.

(4)If the applicant is a controlling corporation of a group, the application must also set out the following:

(a)the identifying details of each affected member of the group;

(b)a statement that the controlling corporation’s group is unlikely to meet any of the thresholds under section 13 of the Act for:

(i)the financial year in which the application is made; and

(ii)the 2 financial years following the financial year in which the application is made;

(c)any relevant estimates of energy production, energy consumption, greenhouse gas emissions and emissions‑producing activities resulting from the corporation’s group.

(5)The application must also set out any relevant information or data that relates to information mentioned in paragraphs (1) (h) to (j) and (4) (b).

[67] Part 4, heading

substitute

Part 4 Reporting obligations

[68] Regulation 4.01

substitute

4.01Purpose of Part

This Part contains regulations made for Parts 3, 3A, 3D, 3E and 3F of the Act dealing with reporting obligations.

[69] Divisions 4.2 and 4.3

substitute

Division 4.2 General

4.02Purpose and application of Divisions 4.3 to 4.6A

For paragraphs 19 (6) (c), 22A (2) (b), 22AA (2) (b), 22E (2) (c), 22G (2) (c) and 22X (4) (c) of the Act, Divisions 4.3 to 4.6A of this Part specify the information that must be included in a report provided to the Regulator under section 19, 22A, 22AA, 22E, 22G or 22X of the Act.

Note 1 Some Divisions, and some provisions within Divisions, apply only to particular reports.

Note 2 Under subparagraph 74AA (2) (d) (i) of the Act, if a person provides a report (the section 22A report) to the Regulator under section 22A of the Act, the person might be required to give a copy of an audit report under section 74AA of the Act to the Regulator on the same day on which the section 22A report is provided to the Regulator.

Division 4.3 General information about persons and facilities

4.03Application of Division

This Division applies in relation to a report provided to the Regulator under section 19, 22A, 22AA, 22E, 22G or 22X of the Act.

4.04General information about person reporting

(1)The report must set out the following information about the person providing the report:

(a)the name and identifying details (if any) of the person;

(b)the postal and street addresses of the head office of the person;

(c)details of at least one executive officer (or equivalent) of the person, including the officer’s name, telephone number, email address and postal address;

(d)if the person is not an individual—the name, position, telephone number, email address and postal address of a contact person for the person;

(e)if the person is an individual—the following:

(i)the person’s telephone number, email address and residential address;

(ii)if the person’s postal address is different from the person’s residential address—the person’s postal address.

(2)If the report is provided under section 19 of the Act, the report must also set out the following information about each entity that is a member of the corporation’s group and that has operational control over one or more of the facilities of the person:

(a)the member’s identifying details;

(b)if the member has a holding company incorporated in Australia—the identifying details of the holding company.

4.04AGeneral information about facilities

(1)This regulation:

(a)applies in relation to each facility of the person providing the report, except a facility that is reported about under regulation 4.25 or 4.26; and

(b)for a report provided under section 22A or 22AA of the Act—does not apply to a natural gas supplier.

(2)The report must set out the following for the facility:

(a)the name of the facility;

(b)the facility’s street address (if any);

(c)if the facility is not a transport facility or a network or pipeline facility—the latitude and longitude of the site where the activities constituting the facility are undertaken;

(d)if the facility is not a network or pipeline facility—the State or Territory to which the activities constituting the facility are attributable;

(e)if the facility is a network or pipeline facility—the State or Territory in which the facility is located;

(f)if the facility:

(i)is a transport facility or a network or pipeline facility; and

(ii)is not a single site facility; and

(iii)does not have a street address;

a brief description of the location of the facility, and the activities constituting the facility;

(g)the industry sector to which the activities constituting the facility are attributable;

(h)if a facility identification number has been issued by the Regulator for the facility—the facility identification number for the facility.

Note for paragraph (e) A network or pipeline facility may be located in more than one State or Territory.

(3)If the report is provided under section 19 of the Act, the report must also set out the following information:

(a)a statement identifying the entity mentioned in subregulation 4.04 (2) that has operational control of the facility;

(b)if that entity has operational control of the facility for only part of the reporting year—the number of days, and the dates, in the reporting year for which the entity has operational control of the facility.

Note See subregulation 4.32C (2) for similar requirements for reports provided under section 22A of the Act.

(4)If:

(a)the report is provided by a corporation under section 19 of the Act in relation to a facility; and

(b)a member of the corporation’s group is reporting about another facility under section 22X of the Act;

the report must state which member is reporting about that facility.

Note See subsection 19 (10) of the Act for rules about reporting under section 19 when a report under section 22X of the Act covers a facility.

(5)In this regulation:

facility identification number means a unique number issued by the Regulator to identify a particular facility which must be reported about under the Act.

[70] Division 4.4, heading

substitute

Division 4.4 Reporting scope 1 emissions, scope 2 emissions, energy production and energy consumption

[71] Subdivisions 4.4.1 and 4.4.2

substitute

Subdivision 4.4.1 General

4.05Application of Division

(1)This Division applies in relation to a report provided to the Regulator under:

(a)section 22A, 22E, 22G or 22X of the Act; or

(b)under section 19 of the Act if:

(i)the corporation’s group meets a threshold in paragraph 13 (1) (a), (b) or (c) of the Act during the reporting year; or

(ii)the corporation’s group meets a threshold only in paragraph 13 (1) (d) of the Act during the reporting year.

(2)If this Division applies in relation to the circumstances mentioned in subparagraph (1) (b) (ii), it applies only in relation to the facility that, during the year, causes a thing mentioned in paragraph 13 (1) (d) of the Act.

4.06Report under section 22A by participant in designated joint venture

(1)For a report (the first report) provided by a person under section 22A of the Act, if:

(a)the person is a participant in a designated joint venture; and

(b)the first report relates to a facility of the designated joint venture; and

(c)another participant in the designated joint venture has reported (the second report) the information required by Subdivisions 4.4.2 and 4.4.3 in relation to the facility;

the first report may refer to that information provided in the second report rather than stating the information itself.

(2)If the first report refers to information provided in the second report, the first report must state the name and identifying details of the person who provided the second report.

Subdivision 4.4.2 Scope 1 emissions from fuel combustion

4.07Emissions from fuel combustion

(1)This regulation applies in relation to the following emissions from the combustion of fuel during the reporting year:

(a)for a report provided by a person under section 19, 22E, 22G or 22X of the Act—scope 1 emissions from the operation of a facility of the person;

(b)for a report provided by a person under section 22A of the Act—covered emissions from the operation of a facility of the person.

Note The combustion of fuel is a source.

(2)The report must include information for the facility in relation to emissions from the fuel combustion during the reporting year and must identify:

(a)the amount of each greenhouse gas that is emitted during the year, in CO₂‑e; and

(b)the total amount of greenhouse gas emitted from the combustion of each fuel during the year, in CO₂‑e; and

(c)the energy content factor that the person used to measure the amount of each fuel combusted in the facility during the year; and

(d)if the person used Method 2, 3 or 4 in the Measurement Determination to estimate the greenhouse gases emitted—the facility specific emission factor or factors that the person used to estimate emissions from the combustion of each fuel during the year.

[72] Subdivision 4.4.3, heading

substitute

Subdivision 4.4.3 Scope 1 emissions from particular sources

[73] Regulations 4.09 to 4.11

substitute

4.09Application of Subdivision

(1)This Subdivision applies in relation to the following emissions:

(a)for a report provided by a person under section 19, 22E, 22G or 22X of the Act—scope 1 emissions from the operation of a facility of the person;

(b)for a report provided by a person under section 22A of the Act—covered emissions from the operation of a facility of the person.

(2)However, regulation 4.17 also applies in relation to the following emissions:

(a)for a report provided by a person under section 19, 22E, 22G or 22X of the Act—all emissions from the operation of a landfill facility of the person;

(b)for a report provided by a person under section 22A of the Act—legacy emissions and exempt landfill emissions from the operation of a facility of the person.

4.10Emissions—coal mining

(1)This regulation applies in relation to emissions during the reporting year from a source that is mentioned in Part 1 of Schedule 3.

(2)However, a report under section 22A of the Act is not required to include information in relation to emissions from decommissioned underground mines (Source 3 in Part 1 of Schedule 3).

(3)The report must include information for the facility in relation to emissions from the source during the year, and must identify:

(a)the type of the source; and

(b)the methods in the Measurement Determination used by the person to estimate the emissions from the source; and

(c)for the method mentioned in an item of the table for the source in Part 1 of Schedule 3, each of the matters set out in column 3 of that item; and

(d)if one or more greenhouse gases is emitted from the source during the reporting year—the amount of each greenhouse gas that is emitted, in CO₂‑e; and

(e)the total amount of greenhouse gas emitted from the source, in CO₂‑e.

4.11Emissions—oil or gas

(1)This regulation applies in relation to emissions during the reporting year from a source that is mentioned in Part 2 of Schedule 3.

(2)The report must include information for the facility in relation to emissions from the source during the year, and must identify:

(a)the type of the source; and

(b)the methods in the Measurement Determination used by the person to estimate the emissions from the source; and

(c)for the method mentioned in an item of the table for the source in Part 2 of Schedule 3, each of the matters set out in column 3 of that item; and

(d)if one or more greenhouse gases is emitted from the source during the reporting year—the amount of each greenhouse gas that is emitted, in CO₂‑e; and

(e)the total amount of greenhouse gas emitted from the source, in CO₂‑e.

[74] Regulation 4.12, heading

substitute

4.12Emissions—carbon capture and storage

[75] Subregulation 4.12 (2)

omit

corporation’s

[76] Subregulation 4.12 (3)

substitute

(3)The report must include the following information about emissions from the operation of the facility during the year:

(a)the amount of emissions that occurred during the transportation of the CO₂ to the storage site;

(b)the amount of emissions that occurred when the CO₂ was being injected into the storage site;

(c)the amount of emissions from the storage site;

(d)the type of the source of the emissions;

(e)the methods in the Measurement Determination used by the person to estimate the emissions from the source;

(f)the total amount of greenhouse gas emitted from the source, in CO₂‑e.

[77] Regulations 4.13 to 4.15

substitute

4.13Emissions—mineral products

(1)This regulation applies in relation to emissions during the reporting year from a source mentioned in Part 3 of Schedule 3.

(2)The report must include information for the facility in relation to emissions from the source during the year, and must identify:

(a)the type of the source; and

(b)the criteria in the Measurement Determination used by the person to estimate the amount of carbonate inputs and outputs for the source; and

(c)the methods in the Measurement Determination used by the person to estimate the emissions from the source; and

(d)for the method mentioned in an item of the table for the source in Part 3 of Schedule 3, each of the matters set out in column 3 of that item; and

(e)if one or more greenhouse gases is emitted from the source during the reporting year—the amount of each greenhouse gas that is emitted, in CO₂‑e; and

(f)the total amount of greenhouse gas emitted from the source, in CO₂‑e.

4.14Emissions—chemical products

(1)This regulation applies in relation to emissions during a reporting year from a source mentioned in Part 4 of Schedule 3.

(2)The report must include information for the facility in relation to emissions from the source during the year, and must identify:

(a)the type of the source; and

(b)the criteria in the Measurement Determination used by the person to estimate the amount of fuel consumption for the source; and

(c)the methods in the Measurement Determination used by the person to estimate the industrial process emissions from the source; and

(d)for the method mentioned in an item of the table for the source in Part 4 of Schedule 3, each of the matters set out in column 3 of that item; and

(e)if one or more greenhouse gases is emitted from the source during the reporting year—the amount of each greenhouse gas that is emitted, in CO₂‑e; and

(f)the total amount of greenhouse gas emitted from the source, in CO₂‑e.

(3)The report must also identify each of the matters set out in column 3 of each item in Sources 3 and 4 in Part 4 of Schedule 3.

4.15Emissions—metal products

(1)This regulation applies in relation to emissions during a reporting year from a source mentioned in Part 5 of Schedule 3.

(2)The report must include information for the facility in relation to emissions from the source during the year, and must identify:

(a)the type of the source; and

(b)the criteria in the Measurement Determination used by the person to estimate the amount of fuel consumption for the source; and

(c)the methods in the Measurement Determination used by the person to estimate the emissions from the source; and

(d)for the method mentioned in an item of the table for the source in Part 5 of Schedule 3, each of the matters set out in column 3 of that item; and

(e)if one or more greenhouse gases is emitted from the source during the reporting year—the amount of each greenhouse gas that is emitted, in CO₂‑e; and

(f)the total amount of greenhouse gas emitted from the source, in CO₂‑e.

[78] Regulation 4.16, heading

substitute

4.16Emissions—hydrofluorocarbons and sulphur hexafluoride gases

[79] Subregulation 4.16 (1)

substitute

(1)This regulation applies in relation to emissions during a reporting year from the use of any of the following equipment:

(a)commercial air conditioning;

(b)commercial refrigeration;

(c)industrial refrigeration;

(d)gas insulated switch gear and circuit breaker applications;

if the use of the equipment meets the criteria for reporting emissions from the equipment in the Measurement Determination.

(1A)However, this regulation does not apply in relation to a report provided under section 22A of the Act.

[80] Subregulation 4.16 (2)

omit

corporation’s

[81] Regulations 4.17 and 4.17A

substitute

4.17Emissions—waste

(1)This regulation applies in relation to the emissions during a reporting year from a source mentioned in Part 6 of Schedule 3.

(2)The report must include information for the facility in relation to emissions from the source during the year, and must identify:

(a)the type of the source; and

(b)the criteria in the Measurement Determination used by the person to estimate the amount of waste in relation to the source; and

(c)the methods in the Measurement Determination used by the person to estimate the emissions from the source; and

(d)for the method mentioned in an item of the table for the source in Part 6 of Schedule 3, each of the matters set out in column 3 of that item; and

(e)if one or more greenhouse gases is emitted from the source during the reporting year—the amount of each greenhouse gas that is emitted, in CO₂‑e; and

(f)the total amount of greenhouse gas emitted from the source, in CO₂‑e.

4.17AReport to include amount of uncertainty

(1)The report must include the amount of uncertainty associated with the estimate for the total amount of scope 1 emissions in the report.

(2)However, this regulation does not apply to a report provided under section 22A of the Act.

[82] Regulation 4.18

substitute

4.18Application of Subdivision

(1)This Subdivision applies if the operation of a facility of a person produces energy during a reporting year.

(2)However, this Subdivision does not apply in relation to a report provided to the Regulator under section 22A of the Act.

[83] Regulation 4.19

omit

corporation produces energy during the reporting year, the corporation’s

insert

person produces energy during the reporting year, the

[84] Subregulations 4.20 (1) and (2)

omit

corporation’s

[85] Regulations 4.21 and 4.22

substitute

4.21Application of Subdivision

This Subdivision applies if the operation of a facility of a person consumes energy during a reporting year.

4.22Energy consumption

Reports other than section 22A reports

(1)If the operation of a facility of the person consumes energy during a reporting year, the person must include in its report for the facility information identifying, separately:

(a)the amount and energy content of the energy type consumed by means of combustion for:

(i)producing electricity in generating units each of which has the capacity to produce 0.5 megawatts or more of electricity and each of which generates more than 100 000 kilowatt hours of electricity in a reporting year; and

(ii)producing a chemical product or metal product; and

(iii)transport, other than transport that involves the consumption of international bunker fuel; and

(iv)a purpose other than a purpose mentioned in subparagraphs (i) or (ii) or transport; and

(b)the amount and energy content of the energy type consumed by a means other than combustion, if that amount:

(i)exceeds the reporting thresholds mentioned in the Measurement Determination for this paragraph; and

(ii)is not reported under paragraph (a) or subregulation (2) or (3); and

(c)the criteria in the Measurement Determination used by the person to estimate the amount and energy content of the energy type consumed; and

(d)the methods in the Measurement Determination used by the person to estimate greenhouse gas emissions from the consumption of the energy.

Section 22A reports

(1A)However, subregulation (1) does not apply, and subregulation (1B) does apply, in relation to a report provided under section 22A of the Act.

Note A report provided under section 22A of the Act is required to provide the information set out in this regulation only for the purpose of working out emissions.

(1B)If the operation of a facility of the person consumes energy during a reporting year and the consumption produces a covered emission, the person must include in its report for the facility information identifying, separately:

(a)the amount and energy content of the energy type consumed by means of combustion; and

(b)the criteria in the Measurement Determination used by the person to estimate the amount and energy content of the energy type consumed; and

(c)the methods in the Measurement Determination used by the person to estimate greenhouse gas emissions from the consumption of the energy.

All reports

(2)If the energy is consumed to produce a chemical or metal product during a year, the report for the facility must identify the amount and energy content of the energy type consumed during the year:

(a)for its carbon content in a chemical process; or

(b)as feedstock.

(3)If the energy is consumed to produce a chemical product containing carbon during a year, the report for the facility must include information identifying the amount and energy content of the energy type consumed in the production of the product during the year.

Note Energy content must be reported in gigajoules, in accordance with Chapter 6 of the Measurement Determination.

[86] Subregulation 4.23 (1)

omit

the corporation if the operation of a facility of the corporation

insert

a person if the operation of a facility of the person

[87] After subregulation 4.23 (1)

insert

(1A)However, this regulation does not apply in relation to a report provided to the Regulator under section 22A of the Act.

[88] Subregulation 4.23 (2)

omit

corporation’s

[89] After regulation 4.23

insert

4.23APrimary or secondary fuels or energy commodities

(1)This regulation applies if the operation of the facility produces fuel or an energy commodity that:

(a)is mentioned in Schedule 1; and

(b)is not classified in that Schedule as being a primary or secondary fuel or energy commodity.

(2)However, this regulation does not apply in relation to a report provided to the Regulator under section 22A of the Act.

(3)The report must state whether the person nominates the fuel to be a primary fuel or energy commodity or a secondary fuel or energy commodity.

[90] Regulation 4.24

substitute

4.24Application of Division

(1)This Division applies in relation to a report provided to the Regulator by a person under:

(a)section 22A, 22E, 22G or 22X of the Act; or

(b)under section 19 of the Act if:

(i)the corporation’s group meets a threshold in paragraph 13 (1) (a), (b) or (c) of the Act during the reporting year; or

(ii)the corporation’s group meets a threshold only in paragraph 13 (1) (d) of the Act during the reporting year.

(2)If this Division applies in relation to the circumstances mentioned in subparagraph (1) (b) (ii), it applies only in relation to the facility that, during the year, causes a thing mentioned in paragraph 13 (1) (d) of the Act.

[91] Subregulation 4.25 (1)

substitute

(1)This regulation applies in relation to a report provided to the Regulator under section 19 or 22X of the Act if:

(a)the corporation reports on more than one facility the operation of which, in a reporting year:

(i)emits greenhouse gases with a carbon dioxide equivalence of less than 25 kilotonnes; and

(ii)consumes less than 100 terajoules of energy; and

(iii)produces less than 100 terajoules of energy; and

(b)all of those facilities are within one State or Territory and are attributable to one industry sector in accordance with Subdivisions 2.4.2 and 2.4.3.

Note This regulation does not apply to a report provided under section 22A, 22E or 22G of the Act.

[92] Subparagraph 4.25 (3) (c) (ii)

substitute

(ii)if the facility is a transport facility or a network or pipeline facility—the following:

(A)the street address of the facility (if any);

(B)if the facility does not have a street address and is not a single site facility—a brief description of the activities constituting the facility; and

[93] Subregulation 4.26 (1)

omit

applies if:

insert

applies in relation to a report provided to the Regulator under section 19 of the Act if:

[94] After subregulation 4.26 (1)

insert

Note This regulation does not apply to a report provided under section 22A, 22E, 22G or 22X of the Act. However, the group’s total greenhouse gas emissions includes any emissions reported by a member of the group under section 22X of the Act.

[95] Subregulation 4.27 (1)

omit

if 1 of the facilities of the corporation

insert

in relation to a report provided to the Regulator under section 19, 22A, 22E, 22G or 22X of the Act if one of the facilities of the person

[96] Subregulation 4.27 (2)

substitute

(1A)However, this regulation applies in relation to a report provided under section 22A only if:

(a)a report (the second report) is provided under section 19, 22E, 22G or 22X in relation to the same facility; and

(b)the second report reports emissions of greenhouse gas that are incidental to the facility’s total emissions.

(2)The report may include an estimate of:

(a)the greenhouse gas emissions from the operation of the facility that are incidental; or

(b)for a report provided under section 19, 22E, 22G or 22X of the Act—the consumption or production of energy from the operation of the facility that is incidental;

using the criteria that are specified in the Measurement Determination for this purpose.

[97] Paragraph 4.27 (5) (a)

omit

an individual source of emissions from the operation of the facility

insert

emissions from the consumption of a particular fuel or energy commodity or, if the emissions are not attributable to a particular fuel or energy commodity, from a source

[98] Paragraph 4.27 (5) (b)

omit

individual sources of emission

insert

emissions

[99] Paragraph 4.27 (5) (c)

omit

the sources of these emissions from the operation of the facility

insert

those emissions

[100] Paragraph 4.27 (5) (d)

substitute

(d)the person provides a statement that measurement of emissions of greenhouse gas from the consumption of those fuel or energy commodities, or from those sources, using another method or criteria in the Measurement Determination would cause the person significant hardship or expense; and

(e)it is reasonable to conclude that the significant hardship or expense mentioned in the statement would occur.

[101] Paragraph 4.27 (6) (a)

omit

an individual source of energy consumption

insert

consumption of a particular fuel or energy commodity

[102] Paragraph 4.27 (6) (b)

omit

total of all of the individual sources of energy consumption

insert

total consumption of all of the fuel or energy commodities

[103] Paragraph 4.27 (6) (c)

omit

these sources of consumption of energy from the operation of the facility that are to be reported under this regulation

insert

the consumption of those fuels or energy commodities

[104] Paragraph 4.27 (6) (d)

substitute

(d)the person provides a statement that measurement of the consumption of those fuels or energy commodities using another method or criteria in the Measurement Determination would cause the person significant hardship or expense; and

(e)it is reasonable to conclude that the significant hardship or expense mentioned in the statement would occur.

[105] Paragraph 4.27 (7) (a)

omit

an individual source of energy production

insert

production of a particular fuel or energy commodity

[106] Paragraph 4.27 (7) (b)

omit

total amount of all of the individual sources of energy production

insert

total production of all of the fuels or energy commodities

[107] Paragraph 4.27 (7) (c)

omit

these sources of energy production from the operation of the facility that is to be reported under this regulation

insert

the production of those fuels or energy commodities

[108] Paragraph 4.27 (7) (d)

substitute

(d)the person provides a statement that measurement of the production of those fuels or energy commodities using another method or criteria in the Measurement Determination would cause the person significant hardship or expense; and

(e)it is reasonable to conclude that the significant hardship or expense mentioned in the statement would occur.

[109] Regulation 4.28, heading

substitute

4.28Reporting for facilities that are network or pipeline facilities

[110] Subregulation 4.28 (1)

substitute

(1)This regulation applies in relation to a report provided to the Regulator under section 19, 22A, 22E, 22G or 22X of the Act if:

(a)a facility of the person is in one of the following industry sectors:

(i)Electricity distribution (263);

(ii)Electricity transmission (262);

(iii)Gas supply (270);

(iv)Pipeline and other transport (502);

(v)Telecommunications services (580)

(vi)Water supply, sewerage and drainage services (281); and

(b)the facility is in more than one State or more than one State and one Territory.

[111] Subregulations 4.29 (1) and (2)

substitute

(1)This regulation applies in relation to a report provided to the Regulator under section 19, 22A, 22E, 22G or 22X of the Act if:

(a)facilities of the person include facilities that are a vertically integrated production process; and

(b)the production process is located in only one State or Territory, including the offshore waters adjacent to the State or Territory.

(2)The person may aggregate the information that the person is required to provide under this Part about greenhouse gas emissions, and production or consumption of energy, from the operation of the facilities in the production process.

[112] Subregulations 4.29 (3A) and (5)

omit

corporation’s

[113] Subregulation 4.29 (6), note

omit

[114] Subregulation 4.30 (1)

after

applies

insert

in relation to a report provided to the Regulator under section 19, 22E, 22G or 22X of the Act

[115] After subregulation 4.30 (1)

insert

Note This regulation does not apply in relation to a report provided under section 22A of the Act.

[116] Subregulation 4.31 (1)

omit

if the principal activity for a facility of the corporation

insert

in relation to a report provided to the Regulator under section 19, 22A, 22E, 22G or 22X of the Act if the principal activity for a facility of the person

[117] Subregulation 4.31 (3)

omit

corporation’s

[118] Regulation 4.32

substitute

4.31AApplication of Division

This Division applies in relation to a report provided to the Regulator under section 19 of the Act if the corporation’s group does not meet a threshold in section 13 of the Act during the reporting year.

4.32Reporting when no section 13 threshold met

The report must include a statement that the corporation’s group did not meet any of the thresholds in section 13 of the Act for the reporting year.

[119] After Division 4.6

insert

Division 4.6A Additional information for reports under section 22A or 22AA of Act

Subdivision 4.6A.1 Application of Division

4.32AApplication of Division

This Division applies in relation to a report provided to the Regulator under section 22A or 22AA of the Act.

Subdivision 4.6A.2 Reports under section 22A or 22AA of Act

4.32BApplication of Subdivision

A report provided by a person under section 22A or 22AA of the Act must also set out the information in this Subdivision.

4.32CLiability in relation to facility

(1)The report must state each section in Part 3 of the Clean Energy Act 2011 under which the person is a liable entity.

(2)The report must set out the following in relation to each facility under the operational control of the person:

(a)a statement about whether the person had operational control of the facility for the whole of the reporting year or only part of the year;

(b)if the person had operational control of the facility for only part of the reporting year—the number of days, and the dates, in the year that the person had operational control of the facility.

(3)The report must set out the following in relation to each facility of a designated joint venture, under Division 5 of Part 3 of the Clean Energy Act 2011, in which the person is a participant:

(a)a statement about whether the designated joint venture had the facility for the whole of the reporting year or only part of the year;

(b)if the designated joint venture had the facility for only part of the reporting year—the number of days, and the dates, in the year that the designated joint venture had the facility.

(4)The report must set out whether a liability transfer certificate in relation to a facility was issued to the person under Division 6 of Part 3 of the Clean Energy Act 2011, and, if so:

(a)the day the certificate came into force; and

(b)whether the certificate was issued under Subdivision A or B of that Division.

4.32DObligation transfer number

The report must state the person’s obligation transfer number.

Subdivision 4.6A.3 Reports under section 22A of Act

4.32EApplication of Subdivision

A report provided by a person under section 22A of the Act must also set out the information in this Subdivision.

4.32FGeneral

(1)The report must set out the person’s emissions number.

(2)The report must set out the following in relation to each facility of the person that passes the relevant threshold test under Part 3 of the Clean Energy Act 2011:

(a)the total amount of covered emissions, legacy emissions, and exempt landfill emissions, from the operation of the facility;

(b)the provisional emissions number for the facility.

Note A person may also be required to provide a provisional emission number relating to potential greenhouse gas emissions embodied in an amount of natural gas—see regulations 4.32K and 4.32L.

4.32GDesignated joint ventures

The report must set out whether the person is a participant in a designated joint venture under Division 5 of Part 3 of the Clean Energy Act 2011 that has a facility, and, if so:

(a)the participating percentage of the person in relation to the facility, determined under section 76 or 77 of that Act; and

(b)the person’s provisional emissions number in relation to the facility as calculated under subsection 21 (2) or 24 (2) of that Act.

4.32HFacilities in Joint Petroleum Development Area or Greater Sunrise unit area

(1)This regulation applies if:

(a)a facility of the person emits covered emissions from the operation of the facility; and

(b)the facility is in the Joint Petroleum Development Area or the Greater Sunrise unit area.

(2)The report must set out:

(a)whether the facility is in the Joint Petroleum Development Area or the Greater Sunrise unit area, or both; and

(b)the prescribed percentage in relation to the facility for the year; and

(c)the unadjusted provisional emissions number in relation to covered emissions from the operation of the facility for the year; and

(d)the adjusted provisional emissions number in relation to covered emissions from the operation of the facility for the year.

(3)For paragraphs (2) (b) to (d):

(a)the prescribed percentage and unadjusted provisional emissions number are to be worked out under the section of Subdivision C of Division 2 in Part 3 of the Clean Energy Act 2011 that applies to the facility; and

(b)the adjusted provisional emissions number is to be worked out using the formula in subsection (2) of that section.

4.32JLarge gas consuming facility

(1)This regulation applies if a facility of the person is a large gas consuming facility.

(2)The report must set out:

(a)each obligation transfer number (OTN) quoted for natural gas consumed at the facility during the reporting year; and

(b)for each OTN quotation—the amount of natural gas (in gigajoules) supplied for use at the facility.

4.32KPotential greenhouse gas emissions embodied in an amount of natural gas—natural gas supplier

(1)This regulation applies if a person has a provisional emissions number for the reporting year under section 33 of the Clean Energy Act 2011.

(2)The person’s report must set out:

(a)that the person has a provisional emissions number under section 33 of the Clean Energy Act 2011; and

(b)the person’s provisional emissions number under that section; and

(c)the total amount of natural gas (in gigajoules) supplied by the person that is attributable to the provisional emissions number; and

(d)the total amount of natural gas (in gigajoules) for which an obligation transfer number (OTN) was quoted to the person; and

(e)for each OTN quoted—the OTN, and the total amount of natural gas (in gigajoules) supplied in relation to quotations of that OTN; and

(f)the methods used to calculate the potential greenhouse gas emissions embodied in the amount of natural gas mentioned in paragraph (c); and

(g)if the person used the default method mentioned in subsection 7B (2) of the Act—the following:

(i)the amount of natural gas (in gigajoules), measured in accordance with the Measurement Determination, to which the method was applied;

(ii)the value, specified in the determination made by the Minister under that subsection, that relates to the amount of natural gas;

(iii)the amount of greenhouse gas emissions (in CO₂‑e) that would be released into the atmosphere as a result of the combustion of the amount of natural gas mentioned in subparagraph (i); and

(h)if the person used the prescribed alternative method mentioned in subsection 7B (3) of the Act—the following:

(i)the amount of natural gas (in gigajoules), measured in accordance with the Measurement Determination, to which the method was applied;

(ii)the emission factor mentioned in the Measurement Determination that the person used to estimate the potential greenhouse gas emissions embodied in the natural gas;

(iii)the amount of greenhouse gas emissions (in CO₂‑e) that would be released into the atmosphere as a result of the combustion of the amount of natural gas mentioned in subparagraph (i); and

(i)the sum of the amounts of greenhouse gases mentioned in subparagraphs (g) (iii) and (h) (iii) (in CO₂‑e).

4.32LPotential greenhouse gas emissions embodied in an amount of natural gas—OTN holder

(1)This regulation applies if a person has a provisional emissions number for the reporting year under section 35 or 36 of the Clean Energy Act 2011.

(2)The person’s report must set out:

(a)the section of the Clean Energy Act 2011 under which the person has a provisional emissions number; and

Source 3Use of carbonate for production of mineral product (other than cement, clinker, lime or soda ash)

Item	Method	Matters to be identified
1	Method 1 for the source, as set out in the Measurement Determination	(a) the tonnes of limestone calcined (b) the tonnes of dolomite calcined (c) the tonnes of magnesium carbonate calcined (d) the degree of calcination of the carbonate during the year
(e) the tonnes of any other raw carbonate calcined
2	Method 3 for the source, as set out in the Measurement Determination	(a) the tonnes of pure calcium carbonate calcined (b) the tonnes of pure dolomite calcined (c) the tonnes of pure magnesium carbonate calcined
(d) the degree of calcination of the carbonate during the year (e) the tonnes of any other pure carbonate calcined
3	Method 4 for the source, as set out in the Measurement Determination	the tonnes of each pure carbonate calcined

Source 4Soda ash use

Item	Method	Matters to be identified
1	Method 1 for the source, as set out in the Measurement Determination	the tonnes of soda ash consumed

Source 5Soda ash production

Item	Method	Matters to be identified
1	Method 1 for the source, as set out in the Measurement Determination	(a) the tonnes of limestone consumed (b) the tonnes of dolomite consumed (c) the tonnes of magnesium carbonate consumed
(d) the tonnes of soda ash produced (e) the tonnes of sodium bicarbonate produced (f) the tonnes of soda ash used for brine purification
(g) the tonnes of solid waste by‑product containing carbon produced (h) the average carbon content factor of solid waste by‑products, in tonnes of carbon per tonne of solid waste by‑product
(i) the change in stock containing carbon, in tonnes (j) the carbon content factor of the change in stock, in tonnes of carbon per tonne of stock
2	Methods 2, 3 and 4 for the source, as set out in the Measurement Determination	(a) the facility specific carbon content factor for soda ash production for each fuel type consumed, or each carbonaceous input material type consumed, in tonnes of carbon per: (i) tonne of fuel or carbonaceous input material; or
(ii) cubic metre of fuel or carbonaceous input material; or (iii) kilolitre of fuel or carbonaceous input material
(b) the tonnes of pure calcium carbonate consumed (c) the tonnes of pure dolomite consumed (d) the tonnes of pure magnesium carbonate consumed
(e) the tonnes of soda ash produced (f) the tonnes of sodium bicarbonate produced (g) the tonnes of soda ash used for brine purification
(h) the tonnes of solid waste by‑product containing carbon produced (i) the average carbon content factor of solid waste by‑products, in tonnes of carbon per tonne of solid waste by‑product
(j) the change in stock containing carbon, in tonnes (k) the carbon content factor of the change in stock, in tonnes of carbon per tonne of stock

Item

Method

Matters to be identified

1

Method 1 for the source, as set out in the Measurement Determination

(a) the tonnes of limestone consumed

(b) the tonnes of dolomite consumed

(c) the tonnes of magnesium carbonate consumed

(d) the tonnes of soda ash produced

(e) the tonnes of sodium bicarbonate produced

(f) the tonnes of soda ash used for brine purification

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

(h) the average carbon content factor of solid waste by‑products, in tonnes of carbon per tonne of solid waste by‑product

(i) the change in stock containing carbon, in tonnes

(j) the carbon content factor of the change in stock, in tonnes of carbon per tonne of stock

2

Methods 2, 3 and 4 for the source, as set out in the Measurement Determination

(a) the facility specific carbon content factor for soda ash production for each fuel type consumed, or each carbonaceous input material type consumed, in tonnes of carbon per:

(i) tonne of fuel or carbonaceous input material; or

(ii) cubic metre of fuel or carbonaceous input material; or

(iii) kilolitre of fuel or carbonaceous input material

(b) the tonnes of pure calcium carbonate consumed

(c) the tonnes of pure dolomite consumed

(d) the tonnes of pure magnesium carbonate consumed

(e) the tonnes of soda ash produced

(f) the tonnes of sodium bicarbonate produced

(g) the tonnes of soda ash used for brine purification

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

(i) the average carbon content factor of solid waste by‑products, in tonnes of carbon per tonne of solid waste by‑product

(j) the change in stock containing carbon, in tonnes

(k) the carbon content factor of the change in stock, in tonnes of carbon per tonne of stock

Part 4 Chemical products

Source 1Ammonia production

Item	Method	Matters to be identified
1	Method 1 for the source, as set out in the Measurement Determination	(a) the tonnes of ammonia produced (b) the tonnes of carbon dioxide recovered and transferred from the facility (c) the tonnes of carbon dioxide recovered and used for urea production
2	Methods 2, 3 and 4 for the source, as set out in the Measurement Determination	(a) the tonnes of ammonia produced (b) the tonnes of carbon dioxide recovered and transferred from the facility (c) the facility specific emission factor for each fuel type consumed, in kilograms of CO₂‑e per gigajoule
(d) the tonnes of carbon dioxide recovered and used for urea production

Source 2Nitric acid production

Item	Method	Matters to be identified
1	Method 1 for the source, as set out in the Measurement Determination	(a) the tonnes of nitric acid production (b) the emission factor of the plant type, in tonnes of emissions (CO2‑e) per tonne of nitric acid produced
2	Methods 2, 3 and 4 for the source, as set out in the Measurement Determination	(a) the tonnes of nitric acid produced (b) the facility specific emission factor, in tonnes of emissions (CO2‑e) per tonne of nitric acid produced

Item

Method

Matters to be identified

1

Method 1 for the source, as set out in the Measurement Determination

(a) the tonnes of nitric acid production

(b) the emission factor of the plant type, in tonnes of emissions (CO2‑e) per tonne of nitric acid produced

2

Methods 2, 3 and 4 for the source, as set out in the Measurement Determination

(a) the tonnes of nitric acid produced

(b) the facility specific emission factor, in tonnes of emissions (CO2‑e) per tonne of nitric acid produced

Source 3Adipic acid production

Item	Method	Matters to be identified
1	No method is set out in the Measurement Determination	the tonnes of adipic acid produced

Source 4Carbide production

Item	Method	Matters to be identified
1	No method is set out in the Measurement Determination	the tonnes of carbide produced

Source 5Chemical or mineral production (other than carbide production) using carbon reductant or carbon anode

Item	Method	Matters to be identified
1	Method 1 for the source, as set out in the Measurement Determination	(a) the tonnes of chemical or mineral products containing carbon produced (b) the carbon content of the chemical or mineral products containing carbon produced, in tonnes of carbon per tonne of output
(c) the tonnes of solid waste by‑products containing carbon produced
(d) the average carbon content factor of solid waste by‑products, in tonnes of carbon per tonne of solid waste by‑product
(e) the change in stock containing carbon, in tonnes (f) the carbon content factor of the change in stock, in tonnes of carbon per tonne of stock
(g) the tonnes of pure calcium carbonate consumed (h) the tonnes of pure dolomite consumed (i) the tonnes of pure magnesium carbonate consumed
(j) the tonnes of any other pure carbonate consumed
2	Methods 2, 3 and 4 for the source, as set out in the Measurement Determination	(a) the tonnes of chemical or mineral products containing carbon produced (b) the carbon content of the chemical or mineral products containing carbon produced, in tonnes of carbon per tonne of output
(c) the tonnes of solid waste by‑products containing carbon produced
(d) the average carbon content factor of solid waste by‑products, in tonnes of carbon per tonne of solid waste by‑product
(e) the change in stock containing carbon, in tonnes (f) the carbon content factor of the change in stock, in tonnes of carbon per tonne of stock
(g) the facility specific carbon content factor for each fuel type consumed, or each carbonaceous input material consumed, in tonnes of carbon per: (i) tonne of fuel or carbonaceous input material; or (ii) cubic metre of fuel or carbonaceous input material; or (iii) kilolitre of fuel or carbonaceous input material
(h) the tonnes of pure calcium carbonate consumed (i) the tonnes of pure dolomite consumed
(j) the tonnes of pure magnesium carbonate consumed (k) the tonnes of any other pure carbonate consumed

Part 5 Metal products

Source 1Iron, steel or other metal production using integrated metalworks

Item	Method	Matters to be identified
1	Method 1 for the source, as set out in the Measurement Determination	(a) the tonnes of iron produced for sale (b) the carbon content of the iron produced for sale, in tonnes of carbon per tonne of output (c) the tonnes of crude steel produced
(d) the carbon content factor of the crude steel, in tonnes of carbon per tonne of output
(e) the tonnes of solid waste by‑product containing carbon produced
(f) the average carbon content factor of solid waste by‑products containing carbon, in tonnes of carbon per tonne of waste by‑product
(g) the change in stock containing carbon, in tonnes (h) the carbon content factor of the change in stock, in tonnes of carbon per tonne of stock
(i) the tonnes of coke transferred beyond the boundary of the activity (j) the tonnes of coal tar transferred beyond the boundary of the activity
(k) the tonnes of pure calcium carbonate consumed (l) the tonnes of pure dolomite consumed
(m) the tonnes of pure magnesium carbonate consumed (n) the tonnes of any other pure carbonate consumed
2	Methods 2, 3 and 4 for the source, as set out in the Measurement Determination	(a) the tonnes of iron produced for sale (b) the carbon content of the iron produced for sale, in tonnes of carbon per tonne of output (c) the tonnes of crude steel produced (d) the carbon content factor of the crude steel, in tonnes of carbon per tonne of output
(e) the facility specific carbon content factor for each fuel type consumed, or each carbonaceous input material consumed, in tonnes of carbon per: (i) tonne of fuel or carbonaceous input material; or (ii) cubic metre of fuel or carbonaceous input material; or (iii) kilolitre of fuel or carbonaceous input material
(f) tonnes of solid waste by‑product containing carbon produced
(g) the average carbon content factor of solid waste by‑products containing carbon, in tonnes of carbon per tonne of waste by‑product
(h) the change in stock containing carbon, in tonnes
(i) the carbon content factor of the change in stock, in tonnes of carbon per tonne of stock (j) the tonnes of coke transferred beyond the boundary of the activity
(k) the tonnes of coal tar transferred beyond the boundary of the activity (l) the tonnes of pure calcium carbonate consumed
(m) the tonnes of pure dolomite consumed (n) the tonnes of pure magnesium carbonate consumed
(o) the tonnes of any other pure carbonate consumed

Source 2Ferroalloys production

Item	Method	Matters to be identified
1	Method 1 for the source, as set out in the Measurement Determination	(a) the tonnes of ferroalloys containing carbon produced (b) the carbon content factor of the ferroalloy produced, in tonnes of carbon per tonne of output
(c) the tonnes of solid waste by‑products containing carbon produced
(d) the average carbon content factor of solid waste by‑products, in tonnes of carbon per tonne of solid waste by‑product
(e) the change in stock containing carbon, in tonnes (f) the carbon content factor of the change in stock, in tonnes of carbon per tonne of stock
(g) the tonnes of pure calcium carbonate consumed (h) the tonnes of pure dolomite consumed
(i) the tonnes of pure magnesium carbonate consumed (j) the tonnes of any other pure carbonate consumed
2	Methods 2, 3 and 4 for the source, as set out in the Measurement Determination	(a) the tonnes of ferroalloy containing carbon produced (b) the carbon content factor of the ferroalloy produced, in tonnes of carbon per tonne of output
(c) the tonnes of solid waste by‑products containing carbon produced (d) the average carbon content factor of solid waste by‑products, in tonnes of carbon per tonne of solid waste by‑product
(e) the change in stock containing carbon, in tonnes (f) the carbon content factor of the change in stock, in tonnes of carbon per tonne of stock
(g) the facility specific carbon content factor for each fuel type consumed, or each carbonaceous input material consumed, in tonnes of carbon per: (i) tonne of fuel or carbonaceous input material; or (ii) cubic metre of fuel or carbonaceous input material; or (iii) kilolitre of fuel or carbonaceous input material
(h) the tonnes of pure calcium carbonate consumed (i) the tonnes of pure dolomite consumed
(j) the tonnes of pure magnesium carbonate consumed (k) the tonnes of any other pure carbonate consumed

Item

Method

Matters to be identified

1

Method 1 for the source, as set out in the Measurement Determination

(a) the tonnes of ferroalloys containing carbon produced

(b) the carbon content factor of the ferroalloy produced, in tonnes of carbon per tonne of output

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

(d) the average carbon content factor of solid waste by‑products, in tonnes of carbon per tonne of solid waste by‑product

(e) the change in stock containing carbon, in tonnes

(f) the carbon content factor of the change in stock, in tonnes of carbon per tonne of stock

(g) the tonnes of pure calcium carbonate consumed

(h) the tonnes of pure dolomite consumed

(i) the tonnes of pure magnesium carbonate consumed

(j) the tonnes of any other pure carbonate consumed

2

Methods 2, 3 and 4 for the source, as set out in the Measurement Determination

(a) the tonnes of ferroalloy containing carbon produced

(b) the carbon content factor of the ferroalloy produced, in tonnes of carbon per tonne of output

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

(d) the average carbon content factor of solid waste by‑products, in tonnes of carbon per tonne of solid waste by‑product

(e) the change in stock containing carbon, in tonnes

(f) the carbon content factor of the change in stock, in tonnes of carbon per tonne of stock

(g) the facility specific carbon content factor for each fuel type consumed, or each carbonaceous input material consumed, in tonnes of carbon per:

(i) tonne of fuel or carbonaceous input material; or

(ii) cubic metre of fuel or carbonaceous input material; or

(iii) kilolitre of fuel or carbonaceous input material

(h) the tonnes of pure calcium carbonate consumed

(i) the tonnes of pure dolomite consumed

(j) the tonnes of pure magnesium carbonate consumed

(k) the tonnes of any other pure carbonate consumed

Source 3Aluminium production

Item	Method	Matters to be identified
1	Method 1 for the source, as set out in the Measurement Determination	the amount of primary aluminium produced, in tonnes
2	Methods 2, 3 and 4 for the source, as set out in the Measurement Determination	(a) the facility specific emission factor for each fuel type consumed, in kilograms of CO₂‑e per gigajoule (b) the facility specific carbon tetrafluoride emission factor, in tonnes of CO₂‑e emitted per tonne of aluminium production
(c) the facility specific hexafluoroethane emission factor, in tonnes of CO₂‑e emitted per tonne of aluminium production
(d) the amount of primary aluminium produced, in tonnes

Source 4Production of other metals

Item	Method	Matters to be identified
1	Method 1 for the source, as set out in the Measurement Determination	(a) the tonnes of other metals produced (b) the carbon content of the other metals produced, in tonnes of carbon per tonne of output
(c) the tonnes of solid waste by‑products containing carbon produced
(d) the average carbon content factor of solid waste by‑products, in tonnes of carbon per tonne of solid waste by‑product
(e) the change in stock containing carbon, in tonnes (f) the carbon content factor of the change in stock, in tonnes of carbon per tonne of stock
(g) the tonnes of pure calcium carbonate limestone consumed (h) the tonnes of pure dolomite consumed
(i) the tonnes of pure magnesium carbonate consumed (j) the tonnes of any other pure carbonate consumed
2	Methods 2, 3 and 4 for the source, as set out in the Measurement Determination	(a) the tonnes of other metal produced (b) the carbon content factor of the other metal, in tonnes of carbon per tonne of output (c) the tonnes of solid waste by‑products containing carbon produced
(d) the average carbon content factor of solid waste by‑products, in tonnes of carbon per tonne of solid waste by‑product
(e) the change in stock containing carbon, in tonnes (f) the carbon content factor of the change in stock, in tonnes of carbon per tonne of stock
(g) the facility specific carbon content factor for each fuel type consumed, or each carbonaceous input material consumed, in tonnes of carbon per: (i) tonne of fuel or carbonaceous input material; or (ii) cubic metre of fuel or carbonaceous input material; or (iii) kilolitre of fuel or carbonaceous input material
(h) the tonnes of pure calcium carbonate consumed (i) the tonnes of pure dolomite consumed
(j) the tonnes of pure magnesium carbonate consumed (k) the tonnes of any other pure carbonate consumed

Part 6 Waste

Source 1Solid waste disposal on land

Item	Method	Matters to be identified
1	Method 1 for the source, as set out in the Measurement Determination	(a) the location of the landfill facility by State or Territory or by landfill classification specified in the Determination (b) the number of years in operation
(c) the average annual amount (in tonnes) of disposal of solid waste over the lifetime of the landfill facility prior to the first year of reporting
(d) the total tonnes of waste entering the landfill
(e) the tonnes of waste entering the landfill from each of the following: (i) municipal sources; (ii) commercial and industrial sources; (iii) construction and demolition sources
(f) the tonnes of waste received at the landfill facility for each of the following: (i) transfer to an external recycling or biological treatment facility;
(ii) recycling or biological treatment onsite;
(iii) construction purposes, daily cover purposes, intermediate cover purposes or final capping and cover purposes (inert waste only)
(g) the percentages of each waste mix type entering the landfill in each of the following: (i) municipal solid waste; (ii) commercial and industrial waste; (iii) construction and demolition waste
(h) the opening stock of degradable organic carbon, in tonnes (i) the legacy emissions from decomposition of waste
(j) the emissions, other than legacy emissions, from decomposition of waste
(k) the tonnes of methane (CO2‑e) captured for combustion that are the following: (i) legacy emissions; (ii) not legacy emissions
(l) the tonnes of methane (CO2‑e) captured and transferred offsite that are the following: (i) legacy emissions; (ii) not legacy emissions
(m) the tonnes of methane (CO2‑e) flared that are the following: (i) legacy emissions; (ii) not legacy emissions
(n) the tonnes of waste treated by each of the following methods: (i) composting; (ii) anaerobic digestion
(o) the tonnes of methane (CO2‑e) captured from each of the following: (i) composting; (ii) anaerobic digestion
2	Methods 2 and 3 for the source, as set out in the Measurement Determination	(a) the location of the landfill facility by State or Territory (b) the number of years in operation (c) the average annual amount (in tonnes) of disposal of solid waste over the lifetime of the landfill facility prior to the first year of reporting
(d) the total tonnes of waste entering the landfill (e) the opening stock of degradable organic carbon, in tonnes
(f) the tonnes of waste entering the landfill from each of the following: (i) municipal sources; (ii) commercial and industrial sources; (iii) construction and demolition sources
(g) the percentages of each waste mix type entering the landfill in each of the following: (i) municipal solid waste; (ii) commercial and industrial waste; (iii) construction and demolition waste
(h) the tonnes of waste received at the landfill facility for each of the following: (i) transfer to an external recycling or biological treatment facility; (ii) recycling or biological treatment onsite;
(iii) construction purposes, daily cover purposes, intermediate cover purposes or final capping and cover purposes (inert waste only)
(i) the facility specific k value for each of the following waste mix types: (i) food; (ii) paper and cardboard; (iii) garden and green; (iv) wood; (v) textiles; (vi) sludge; (vii) nappies; (viii) rubber and leather
(j) the legacy emissions from decomposition of waste (k) the emissions, other than legacy emissions, from decomposition of waste
(l) the tonnes of methane (CO₂‑e) captured for combustion that are the following: (i) legacy emissions; (ii) not legacy emissions
(m) the tonnes of methane (CO₂‑e) captured and transferred off site that are the following: (i) legacy emissions; (ii) not legacy emissions
(n) the tonnes of methane (CO₂‑e) flared that are the following: (i) legacy emissions; (ii) not legacy emissions
(o) the tonnes of waste treated by each of the following methods: (i) composting; (ii) anaerobic digestion (p) the tonnes of methane (CO2‑e) captured from each of the following: (i) composting; (ii) anaerobic digestion

Item

Method

Matters to be identified

1

Method 1 for the source, as set out in the Measurement Determination

(a) the location of the landfill facility by State or Territory or by landfill classification specified in the Determination

(b) the number of years in operation

(c) the average annual amount (in tonnes) of disposal of solid waste over the lifetime of the landfill facility prior to the first year of reporting

(d) the total tonnes of waste entering the landfill

(e) the tonnes of waste entering the landfill from each of the following:

(i) municipal sources;

(ii) commercial and industrial sources;

(iii) construction and demolition sources

(f) the tonnes of waste received at the landfill facility for each of the following:

(i) transfer to an external recycling or biological treatment facility;

(ii) recycling or biological treatment onsite;

(iii) construction purposes, daily cover purposes, intermediate cover purposes or final capping and cover purposes (inert waste only)

(g) the percentages of each waste mix type entering the landfill in each of the following:

(i) municipal solid waste;

(ii) commercial and industrial waste;

(iii) construction and demolition waste

(h) the opening stock of degradable organic carbon, in tonnes

(i) the legacy emissions from decomposition of waste

(j) the emissions, other than legacy emissions, from decomposition of waste

(k) the tonnes of methane (CO2‑e) captured for combustion that are the following:

(i) legacy emissions;

(ii) not legacy emissions

(l) the tonnes of methane (CO2‑e) captured and transferred offsite that are the following:

(i) legacy emissions;

(ii) not legacy emissions

(m) the tonnes of methane (CO2‑e) flared that are the following:

(i) legacy emissions;

(ii) not legacy emissions

(n) the tonnes of waste treated by each of the following methods:

(i) composting;

(ii) anaerobic digestion

(o) the tonnes of methane (CO2‑e) captured from each of the following:

(i) composting;

(ii) anaerobic digestion

2

Methods 2 and 3 for the source, as set out in the Measurement Determination

(a) the location of the landfill facility by State or Territory

(b) the number of years in operation

(c) the average annual amount (in tonnes) of disposal of solid waste over the lifetime of the landfill facility prior to the first year of reporting

(d) the total tonnes of waste entering the landfill

(e) the opening stock of degradable organic carbon, in tonnes

(f) the tonnes of waste entering the landfill from each of the following:

(i) municipal sources;

(ii) commercial and industrial sources;

(iii) construction and demolition sources

(g) the percentages of each waste mix type entering the landfill in each of the following:

(i) municipal solid waste;

(ii) commercial and industrial waste;

(iii) construction and demolition waste

(h) the tonnes of waste received at the landfill facility for each of the following:

(i) transfer to an external recycling or biological treatment facility;

(ii) recycling or biological treatment onsite;

(iii) construction purposes, daily cover purposes, intermediate cover purposes or final capping and cover purposes (inert waste only)

(i) the facility specific k value for each of the following waste mix types:

(i) food;

(ii) paper and cardboard;

(iii) garden and green;

(iv) wood;

(v) textiles;

(vi) sludge;

(vii) nappies;

(viii) rubber and leather

(j) the legacy emissions from decomposition of waste

(k) the emissions, other than legacy emissions, from decomposition of waste

(l) the tonnes of methane (CO₂‑e) captured for combustion that are the following:

(i) legacy emissions;

(ii) not legacy emissions

(m) the tonnes of methane (CO₂‑e) captured and transferred off site that are the following:

(i) legacy emissions;

(ii) not legacy emissions

(n) the tonnes of methane (CO₂‑e) flared that are the following:

(i) legacy emissions;

(ii) not legacy emissions

(o) the tonnes of waste treated by each of the following methods:

(i) composting;

(ii) anaerobic digestion

(p) the tonnes of methane (CO2‑e) captured from each of the following:

(i) composting;

(ii) anaerobic digestion

Source 2Wastewater handling—industrial

Item	Method	Matters to be identified
1	Method 1 for the source, as set out in the Measurement Determination	(a) the tonnes of industrial wastewater produced by commodity type (b) the fraction of wastewater anaerobically treated
(c) the fraction of COD removed as sludge
(d) the fraction of COD in sludge anaerobically treated on site (e) the tonnes of COD in sludge transferred off site and disposed of at a landfill facility
(f) the tonnes of COD in sludge transferred off site and disposed of at a site other than a landfill facility (g) the tonnes of COD in effluent leaving the site (h) the tonnes of methane (CO₂‑e) captured for production of electricity on site
(i) the tonnes of methane (CO₂‑e) captured and transferred off site (j) the tonnes of methane (CO₂‑e) flared
2	Methods 2 and 3 for the source, as set out in the Measurement Determination	(a) the tonnes of industrial wastewater produced by commodity type (b) the tonnes of COD measured entering the treatment site (c) the fraction of wastewater anaerobically treated
(d) the tonnes of COD removed as sludge
(e) the fraction of COD in sludge anaerobically treated on site
(f) the tonnes of COD in sludge transferred off site and disposed of at a landfill facility (g) the tonnes of COD in sludge transferred off site and disposed of at a site other than a landfill facility
(h) the tonnes of COD in effluent leaving the site (i) the tonnes of emissions (CO₂‑e) generated (j) the tonnes of methane (CO₂‑e) captured for production of electricity on site
(k) the tonnes of methane (CO₂‑e) captured and transferred off site (l) the tonnes of methane (CO₂‑e) flared

Source 3Wastewater handling—domestic or commercial

Item	Method	Matters to be identified
1	Method 1 for the source, as set out in the Measurement Determination	(a) the population served by the wastewater treatment plant (b) the fraction of COD in wastewater anaerobically treated
(c) the tonnes of COD removed as sludge
(d) the fraction of COD in sludge anaerobically treated on site (e) the tonnes of COD in sludge transferred off site and disposed of at a landfill facility
(f) the tonnes of COD in sludge transferred off site and disposed of at a site other than a landfill facility
(g) the tonnes of methane (CO₂‑e) captured for combustion on site
(h) the tonnes of methane (CO₂‑e) captured and transferred off site (i) the tonnes of methane (CO₂‑e) flared
(j) the tonnes of COD in effluent leaving the site (k) the tonnes of nitrogen in sludge transferred out of the plant and disposed of at a landfill facility (l) the tonnes of nitrogen in sludge transferred out of the plant and disposed of at a site other than a landfill facility
(m) the tonnes of nitrogen in effluent leaving the plant into enclosed waters (n) the tonnes of nitrogen in effluent leaving the plant into estuarine waters (o) the tonnes of nitrogen in effluent leaving the plant into open coastal waters
2	Methods 2 and 3 for the source, as set out in the Measurement Determination	(a) the population served by the wastewater treatment plant (b) the tonnes of COD measured entering treatment facility (c) the fraction of COD in wastewater anaerobically treated
(d) the tonnes of COD removed as sludge (e) the fraction of COD in sludge anaerobically treated
(f) the tonnes of methane (CO₂‑e) generated from the decomposition of COD
(g) the tonnes of methane (CO₂‑e) captured for combustion on site (h) the tonnes of methane (CO₂‑e) captured and transferred off site (i) the tonnes of methane (CO₂‑e) flared
(j) the tonnes of COD in effluent leaving the site
(k) the tonnes of COD in sludge transferred offsite and disposed of at a landfill facility
(l) the tonnes of COD in sludge transferred offsite to a site other than a landfill facility
(m) the tonnes of nitrogen in influent entering the plant
(n) the tonnes of nitrogen in sludge transferred out of the plant and disposed of at a landfill facility
(o) the tonnes of nitrogen in sludge transferred out of the plant and disposed of at a site other than a landfill facility
(p) the tonnes of nitrogen in effluent leaving the plant into enclosed waters
(q) the tonnes of nitrogen in effluent leaving the plant into estuarine waters
(r) the tonnes of nitrogen in effluent leaving the plant into open coastal waters

Source 4Waste incineration

Item	Method	Matters to be identified
1	Methods 1 and 4 for the source, as set out in the Measurement Determination	the tonnes of waste incinerated

[139] Further amendments

Provision	omit	insert
Regulation 1.03, definition of *affected group member*	1 or more of the following	one or more of the following
Regulation 1.03, paragraphs (a) and (d) of definition of *affected group member*	1 or more	one or more
Regulation 1.03, definition of *cogeneration process*	1	one
Regulation 1.03, definition of *listed activity*	activity of 1	activity of one
Regulation 1.03, paragraphs (a) and (b) of definition of *vertically integrated production process*	1	one
Subregulation 2.14 (1)	A corporation	A person
Subregulation 2.14 (1)	the corporation	the person
Subregulation 2.16 (1)	1 or more	one or more
Paragraph 2.16 (2) (a)	corporation	person
Paragraph 2.16 (2) (b)	1 or more	one or more
Paragraph 2.17 (1) (c)	corporation	person
Subregulation 2.17 (2)	corporation	person
Subregulation 2.17 (3)	corporation makes	person makes
Subregulation 2.17 (3)	corporation must	person must
Subregulations 2.17 (4) and (5)	corporation	person
Paragraph 2.18 (1) (a)	1 series	one series
Paragraph 2.18 (1) (c)	corporation	person
Subregulation 2.18 (2)	corporation	person
Subregulation 2.18 (3)	be 1	be one
Paragraph 2.18 (3) (a)	1 only	only one
Paragraph 2.18 (3) (b)	than 1	than one
Subregulation 2.18 (6)	If the corporation	If the person
Paragraph 2.18 (6) (c)	corporation	person
Paragraph 2.19 (1) (a)	to 1	to one
Paragraph 2.19 (1) (c)	corporation	person
Paragraph 2.20 (1) (a)	in 1	in one
Paragraph 2.20 (1) (b)	corporation	person
Subregulation 2.22 (2)	corporation	person
Paragraph 2.22 (3) (c)	1 corporation	one person
Subregulation 2.22 (4)	corporation identifies	person identifies
Subregulation 2.22 (4)	corporation must	person must
Subregulations 4.12 (1) and 4.20 (1A)	corporation	person
Paragraph 4.20 (1A) (a)	100,000	100 000
Paragraph 4.20 (1A) (b)	more than 1	more than one
Paragraph 4.20 (1A) (b)	100,000	100 000
Subregulation 4.20 (2)	1 or more	one or more
Subregulation 4.23 (3)	its report	the report
Subregulation 4.23 (3)	corporation	person
Paragraphs 4.26 (1) (a) and 4.27 (3) (b)	corporation	person
Subregulation 4.28 (2)	corporation	person
Subregulation 4.29 (3A)	corporation in	person in
Subregulation 4.29 (4)	corporation aggregates	person aggregates
Subregulation 4.29 (4)	corporation must	person must
Subregulation 4.30 (3)	a corporation	a person
Subregulations 4.30 (3), (4) and (5)	the corporation	the person
Subregulations 4.31 (2) and (4)	corporation	person
Paragraphs 6.38 (2) (a) and 6.42 (2) (a) and (b)	judgment	judgement
Subregulation 6.42 (3)	judgment	judgement
Subparagraph 6.46 (3) (b) (ii)	furnished	given
Paragraphs 6.46 (4) (a) and (b), 6.49 (1) (a) and (b) and 6.50 (b)	judgment	judgement
Paragraph 6.60 (2) (a)	$250,000	$250 000
Paragraph 6.60 (2) (b)	$500,000	$500 000

Note

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Citations

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

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