National Greenhouse and Energy Reporting (Safeguard Mechanism) Rule 2015 (Cth)
National Greenhouse and Energy Reporting (Safeguard Mechanism) Rule 2015
made under section 22XS of the
National Greenhouse and Energy Reporting Act 2007
Compilation No. 8
Compilation date: 2 October 2021
Includes amendments up to: National Greenhouse and Energy Reporting (Safeguard Mechanism) Amendment (Landfill Gas Capture) Rule 2021 (F2021L01383)
About this compilation
This compilation
This is a compilation of the National Greenhouse and Energy Reporting (Safeguard Mechanism) Rule 2015 that shows the text of the law as amended and in force on 2 October 2021 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary............................................................................................................. 1
1 Name........................................................................................................... 1
3 Authority..................................................................................................... 1
4 Definitions................................................................................................... 1
5 Identification of production variables......................................................... 8
6 Emissions-intensity calculation criteria..................................................... 12
Part 2—Coverage............................................................................................................... 15
7 Covered emissions..................................................................................... 15
8 Designated large facility threshold........................................................... 15
Part 3—Baselines............................................................................................................... 16
Division 1—Baseline emissions number.......................................................................... 16
9 Operation of this Division......................................................................... 16
10 Baseline emissions number...................................................................... 16
Division 2—Baseline determinations............................................................................... 16
Subdivision 1—Preliminary......................................................................................... 16
11 Operation of this Division....................................................................... 16
12 Minimum baseline emissions number...................................................... 16
13 References to covered emissions............................................................. 16
Subdivision 2—Reported-emissions baseline determinations..................................... 16
14 Reported-emissions baseline determinations........................................... 16
15 Further information................................................................................. 18
16 Process for making a reported-emissions baseline determination........... 18
17 Determining the baseline emissions number............................................ 19
18 Duration of reported-emissions baseline determination.......................... 21
19 Variation of reported-emissions baseline determination because of reporting error or changes in activities....................................................................................................... 21
20 Variation of transport reported-emissions baseline determination where calculated-emissions baseline determination incorporated.......................................................................... 22
21 Further information................................................................................. 24
Subdivision 3—Calculated-emissions baseline determination..................................... 24
22 Application.............................................................................................. 24
23 New facility criteria................................................................................. 25
24 Significant expansion criteria.................................................................. 26
25 Inherent emissions variability criteria...................................................... 28
26 Initial calculated baseline criteria........................................................... 29
26A Transitional calculated baseline criteria............................................... 30
27 Information required in applications....................................................... 31
28 Audit reports........................................................................................... 33
29 Further information................................................................................. 34
30 Making of calculated-emissions baseline determination......................... 34
31 Duration of calculated-emissions baseline determination....................... 35
Subdivision 4—Benchmark-emissions baseline determination.................................... 36
32 Application.............................................................................................. 36
33 New facility criteria................................................................................. 37
34 Significant expansion criteria.................................................................. 38
35 Information required in applications....................................................... 40
36 Audit reports........................................................................................... 41
37 Further information................................................................................. 43
38 Making of benchmark-emissions baseline determination........................ 43
39 Duration of benchmark-emissions baseline determination...................... 44
Subdivision 5—Production-adjusted baseline determination...................................... 45
40 Application.............................................................................................. 45
41 Information required in applications....................................................... 46
42 Audit reports........................................................................................... 48
43 Further information................................................................................. 49
44 Making of production-adjusted baseline determination......................... 49
45 Duration of production-adjusted baseline determination....................... 52
Subdivision 6— Variation of baseline determination for reduction in emissions intensity 53
46 Application.............................................................................................. 53
47 Emissions intensity test........................................................................... 54
48 Information to accompany applications.................................................. 55
49 Audit reports........................................................................................... 56
50 Further information................................................................................. 57
51 Variation of baseline determination........................................................ 57
Subdivision 7—Landfill baseline determination......................................................... 58
52 Application.............................................................................................. 58
53 Further information................................................................................. 58
54 Making of landfill baseline determination.............................................. 59
55 Duration of landfill baseline determination............................................ 60
Subdivision 8—General variation and remaking of baseline determinations.............. 60
56 Variation relating to changes in carbon dioxide equivalence.................. 60
56A Variation of production-adjusted baseline determinations because of new prescribed (annually adjusted) production variable....................................................................... 62
56B Variation of certain calculated-emissions baseline determinations and production-adjusted baseline determinations because of changes in activities........................................... 63
56C Making of replacement baseline determinations if facilities restructured 64
57 Remaking of baseline determinations because of error........................... 65
58 Further information................................................................................. 66
Part 4—Compliance........................................................................................................... 67
Division 1—Exemption declarations............................................................................... 67
59 Operation of this Division....................................................................... 67
60 Application.............................................................................................. 67
61 Further information................................................................................. 67
62 Issue of exemption declaration............................................................... 68
63 Revocation of exemption declaration because of false or misleading information 69
Division 2—Declared multi-year periods........................................................................ 70
64 Operation of this Division....................................................................... 70
65 Application.............................................................................................. 70
66 Further information................................................................................. 70
67 Making of multi-year period declaration................................................. 71
68 Variation or revocation of multi-year period declaration on request...... 72
69 Revocation of multi-year period declaration because of false or misleading information 73
Division 3—Notification and publication requirements.................................................. 73
70 Operation of this Division....................................................................... 73
71 Advisory notices..................................................................................... 73
72 Publication............................................................................................... 74
Division 4—Excess surrender situations.......................................................................... 75
72A Carry forward of excess surrenders..................................................... 75
Part 5—Registration, reporting and record-keeping...................................................... 77
Division 1—Registration................................................................................................. 77
73 Operation of this Division....................................................................... 77
74 Application requirements........................................................................ 77
Division 2—Reporting..................................................................................................... 77
75 Operation of this Division....................................................................... 77
76 Required information.............................................................................. 77
77 Reporting a change in principal activity for facility................................ 77
Division 3—Record-keeping........................................................................................... 78
78 Form of records....................................................................................... 78
Part 6—Application and transitional provisions............................................................. 79
Division 1—Application and transitional provisions relating to the National Greenhouse and Energy Reporting (Safeguard Mechanism) Amendment Rule (No. 1) 2019.................................................. 79
79 Applications for calculated-emissions baseline determination before commencement 79
80 Applications for declared multi-year period before commencement...... 79
Division 2—Application and transitional provisions relating to the National Greenhouse and Energy Reporting (Safeguard Mechanism) Amendment (Extended Transition) Rule 2020........................... 79
81 Baseline emissions number if calculated-emissions baseline determination expired on 30 June 2019 79
Division 3—Application and transitional provisions relating to the National Greenhouse and Energy Reporting (Safeguard Mechanism) Amendment (Additional Prescribed Production Variables) Rule 2020 79
82 Default emissions intensities for financial year beginning on 1 July 2019 79
83 Default emissions intensities and calculated-emissions baseline determinations for financial year beginning on 1 July 2020............................................................................. 80
84 Calculated-emissions baseline determinations applying from 1 July 2019 80
Division 4—Application and transitional provisions relating to the National Greenhouse and Energy Reporting (Safeguard Mechanism) Amendment (Prescribed Production Variables Update) Rule 2021 80
85 Determination of estimated emission intensity and production variable 80
86 Updated emissions intensity for certain changes to NGER (Measurement) Determination 81
Schedule 1—Benchmark Emissions-Intensity Index................................................... 83
1 Benchmark Emissions-Intensity Index.................................................... 83
Schedule 2—Prescribed (Annually Adjusted) Production Variables.......................... 84
Part 1—Preliminary........................................................................................................... 84
1 Purpose..................................................................................................... 84
2 Structure................................................................................................... 84
3 Definitions................................................................................................ 84
4 Meaning of saleable quality..................................................................... 85
Part 2—Bulk flat glass....................................................................................................... 85
5 Bulk flat glass........................................................................................... 85
Part 3—Glass containers................................................................................................... 86
6 Glass containers........................................................................................ 86
Part 4—Aluminium............................................................................................................ 86
7 Aluminium................................................................................................ 86
Part 5—Alumina................................................................................................................ 87
8 Alumina.................................................................................................... 87
Part 6—Ammonia production.......................................................................................... 87
9 Ammonia production............................................................................... 87
Part 7—Ammonium nitrate production........................................................................... 88
10 Ammonium nitrate................................................................................. 88
Part 8—Urea production................................................................................................... 88
11 Carbamide (urea).................................................................................... 88
Part 9—Ammonium phosphate production.................................................................... 89
12 Diammonium phosphate and monoammonium phosphate..................... 89
Part 10— Sodium cyanide................................................................................................. 89
13 Sodium cyanide...................................................................................... 89
Part 11—Synthetic rutile................................................................................................... 90
14 Synthetic rutile....................................................................................... 90
Part 12—White titanium dioxide pigment....................................................................... 90
15 White titanium dioxide pigment............................................................ 90
Part 13—Production variables related to coal mining.................................................... 91
Division 1—Definitions................................................................................................... 91
16 Definitions.............................................................................................. 91
Division 2— Run-of-mine coal........................................................................................ 92
17 Run-of-mine coal.................................................................................... 92
Division 3—Coal mine waste gas.................................................................................... 92
18 Coal mine waste gas............................................................................... 92
Division 4—Decommissioned underground mines......................................................... 93
19 Fugitive emissions from decommissioned underground mines.............. 93
Part 14—Iron ore............................................................................................................... 93
20 Iron ore................................................................................................... 93
Part 15—Manganese ore................................................................................................... 94
21 Manganese ore........................................................................................ 94
Part 16—Bauxite................................................................................................................ 94
22 Bauxite................................................................................................... 94
Part 17—Heavy metal concentrate (mineral sands mining)........................................... 94
23 Heavy metal concentrate........................................................................ 94
Part 18—Run-of-mine metal ore...................................................................................... 95
24 Run-of-mine metal ore........................................................................... 95
Part 19—Production variables related to the oil and gas industry................................ 96
Division 1—Definitions................................................................................................... 96
25 Definitions.............................................................................................. 96
Division 2—Oil and gas extraction.................................................................................. 97
26 Extracted oil and gas.............................................................................. 97
Division 3—Stabilisation of crude oil and condensates.................................................. 97
27 Stabilised crude oil or condensate (stabilisation only)........................... 97
Division 4—Integrated extraction and stabilisation of crude oil..................................... 98
28 Stabilised crude oil (integrated extraction and stabilisation)................. 98
Division 5—Natural gas processing................................................................................. 99
29 Processed natural gas (processing only)................................................. 99
Division 6—Integrated natural gas extraction and processing........................................ 99
30 Processed natural gas (integrated extraction and processing)................ 99
Division 7—Liquefied natural gas from unprocessed natural gas................................. 100
31 Liquefied natural gas (from unprocessed natural gas)......................... 100
Division 8—Liquefied natural gas from processed natural gas..................................... 100
32 Liquefied natural gas (from processed natural gas)............................. 100
Division 9—Ethane........................................................................................................ 101
33 Ethane.................................................................................................. 101
Division 10—Liquefied petroleum gas.......................................................................... 101
34 Liquefied petroleum gas....................................................................... 101
Division 11—Reservoir carbon dioxide......................................................................... 102
35 Reservoir carbon dioxide..................................................................... 102
Part 20—Production variables related to steel manufacturing.................................... 103
Division 1—Definitions................................................................................................. 103
36 Definitions............................................................................................ 103
Division 2—Coke oven coke from integrated iron and steel manufacturing................ 104
37 Coke oven coke (integrated iron and steel manufacturing)................. 104
Division 3—Lime from integrated iron and steel manufacturing.................................. 105
38 Lime (integrated iron and steel manufacturing)................................... 105
Division 4—Iron ore sinter from integrated iron and steel manufacturing.................... 105
39 Iron ore sinter (integrated iron and steel manufacturing)..................... 105
Division 5—Iron ore pellets from integrated iron and steel manufacturing.................. 105
40 Iron ore pellets (integrated iron and steel manufacturing)................... 105
Division 6—Continuously cast carbon steel products and ingots of carbon steel from integrated iron and steel manufacturing................................................................................................................ 106
41 Continuously cast carbon steel products and ingots of carbon steel (integrated iron and steel manufacturing)........................................................................................... 106
Division 7—Hot-rolled long products produced at integrated iron and steel manufacturing facilities 106
42 Hot-rolled long products...................................................................... 106
Division 8—Hot-rolled flat products produced at integrated iron and steel manufacturing facilities 106
43 Hot-rolled flat products....................................................................... 106
Division 9—Continuously cast carbon steel products and ingots of carbon steel from manufacture of carbon steel products from cold ferrous feed............................................................................ 107
44 Continuously cast carbon steel products and ingots of carbon steel (manufacture of carbon steel products from cold ferrous feed)............................................................... 107
Division 10—Hot-rolled long products not produced at integrated iron and steel manufacturing facilities 107
45 Hot-rolled long products...................................................................... 107
Division 11—Hot-rolled flat products not produced at integrated iron and steel manufacturing facilities 108
46 Hot-rolled flat products....................................................................... 108
Division 12—Iron ore pellets not from integrated iron and steel manufacturing.......... 108
47 Iron ore pellets...................................................................................... 108
Division 13—Treated steel flat products....................................................................... 109
47A Treated steel flat products................................................................. 109
Part 21—Production variables related to rail transport............................................... 110
Division 1—Definitions................................................................................................. 110
48 Definitions............................................................................................ 110
Division 2—Rail transport of bulk freight on a dedicated line..................................... 111
49 Net-tonne-kilometres of bulk freight on a dedicated line.................... 111
Division 3—Rail transport of bulk freight on a non-dedicated line.............................. 111
50 Net-tonne-kilometres of bulk freight on a non-dedicated line............. 111
Division 4—Rail transport of non-bulk freight.............................................................. 112
51 Net-tonne-kilometres of non-bulk freight............................................ 112
Division 5—Rail passenger transport............................................................................. 112
52 Passenger-kilometres of rail passenger transport.................................. 112
Part 22—Air transport.................................................................................................... 112
53 Revenue-tonne-kilometres of air transport........................................... 112
Part 23—Production variables related to road transport............................................. 113
Division 1AA—Definitions........................................................................................... 113
53A Definitions......................................................................................... 113
Division 1—Passenger road transport............................................................................ 114
54 Vehicle-kilometres of passenger road transport................................... 114
Division 2—Non-bulk freight road transport................................................................ 115
54A Cubic-tonne-kilometres of non-bulk freight...................................... 115
Division 3—Non-bulk (temperature controlled) freight road transport......................... 115
54B Cubic-tonne-kilometres of non-bulk freight...................................... 115
Division 4—Specialised and heavy haulage road transport........................................... 116
54C Deadweight-tonne-kilometres of specialised and heavy haulage...... 116
Division 5—Bulk freight road transport........................................................................ 116
54D Net-tonne-kilometres of bulk freight................................................ 116
Part 24—Production variables related to water transport........................................... 117
Division 1—Mixed passenger and freight water transport............................................ 117
55 Deadweight-tonne-kilometres of mixed passenger and freight water transport 117
Division 2—Bulk freight water transport...................................................................... 117
55A Net-tonne-kilometres of bulk freight water transport....................... 117
Part 25—Wastewater handling (domestic and commercial)........................................ 118
56 Wastewater handling (domestic and commercial)............................... 118
Part 26—Electricity generation....................................................................................... 119
57 Electricity generation........................................................................... 119
Part 27—Natural gas distribution.................................................................................. 121
58 Petajoule-kilometres of natural gas distribution................................... 121
Part 28—Natural gas transmission................................................................................. 122
Division 1—Definitions................................................................................................. 122
59 Definitions............................................................................................ 122
Division 2—Natural gas transmission production variables.......................................... 122
60 Kilometres of natural gas transmission pipelines.................................. 122
61 Work of compression applied to natural gas or plant condensate........ 122
Part 29—Clinker, lime and cement production............................................................. 124
Division 1—Definitions................................................................................................. 124
62 Definitions............................................................................................ 124
Division 2—Clinker and cement production variables.................................................. 124
63 Clinker not used by facility to make cement........................................ 124
64 Cement produced from clinker at a facility......................................... 125
Division 3—Lime........................................................................................................... 126
65 Lime..................................................................................................... 126
Part 30—Non-metallic mineral quarrying..................................................................... 126
66 Quarried rock....................................................................................... 126
Part 31—Silicon................................................................................................................ 127
67 Silicon................................................................................................... 127
Part 32—Lead bullion..................................................................................................... 128
68 Lead bullion......................................................................................... 128
Part 33—Refined lead..................................................................................................... 128
69 Refined lead......................................................................................... 128
Part 34—Zinc in fume..................................................................................................... 128
70 Zinc in fume......................................................................................... 128
Part 35—Caustic calcined magnesia............................................................................... 129
71 Caustic calcined magnesia.................................................................... 129
Part 36—Copper anode................................................................................................... 129
72 Copper anode....................................................................................... 129
Part 37—Manganese sinter............................................................................................. 130
73 Manganese sinter.................................................................................. 130
Part 38—Ferromanganese alloy..................................................................................... 130
74 Ferromanganese alloy........................................................................... 130
Part 39—Silicomanganese alloy...................................................................................... 130
75 Silicomanganese alloy.......................................................................... 130
Part 40—Nickel manufacturing...................................................................................... 131
Division 1—Definitions................................................................................................. 131
76 Definitions............................................................................................ 131
Division 2—Nickel production variables....................................................................... 132
77 Primary nickel products from nickel bearing inputs............................. 132
78 Primary nickel products from imported intermediate nickel products. 132
79 Intermediate nickel products from nickel bearing inputs..................... 132
Part 41—Pulp and paper production............................................................................. 133
Division 1—Definitions................................................................................................. 133
80 Definitions............................................................................................ 133
Division 2—Tissue paper............................................................................................... 133
81 Tissue paper.......................................................................................... 133
Division 3—Packaging and industrial paper.................................................................. 134
82 Packaging and industrial paper............................................................ 134
Division 4—Printing and writing paper......................................................................... 135
83 Printing and writing paper.................................................................... 135
Division 5—Newsprint.................................................................................................. 135
84 Newsprint............................................................................................. 135
Division 6—Pulp............................................................................................................ 136
85 Pulp...................................................................................................... 136
Part 42—Ethylene and polyethylene production.......................................................... 137
86 Ethene (ethylene)................................................................................. 137
87 Polyethylene......................................................................................... 137
Part 43—Wheat based products..................................................................................... 138
88 Wheat protein products (dried gluten)................................................. 138
89 Dried wheat starch............................................................................... 138
90 Wheat based glucose............................................................................ 139
91 Wheat based dried distillers grain........................................................ 139
Part 44—Ethanol............................................................................................................. 140
92 Ethanol—95......................................................................................... 140
93 Ethanol—absolute................................................................................ 140
94 Beverage grade ethanol........................................................................ 141
Part 45—Production variables related to sugar production........................................ 141
95 Raw sugar............................................................................................. 141
96 Exported steam related to the raw sugar manufacturing activity........ 141
Schedule 3—Prescribed (Fixed) Production Variables.............................................. 143
Part 1—Preliminary......................................................................................................... 143
1 Purpose................................................................................................... 143
2 Structure................................................................................................. 143
3 Definitions.............................................................................................. 143
Part 2—Petroleum refining............................................................................................. 143
4 Petroleum refinery feedstocks................................................................ 143
Endnotes........................................................................................................................... 146
Endnote 1—About the endnotes................................................................................... 146
Endnote 2—Abbreviation key....................................................................................... 147
Endnote 3—Legislation history..................................................................................... 148
Endnote 4—Amendment history................................................................................... 149
Part 1—Preliminary
1 Name
This is the National Greenhouse and Energy Reporting (Safeguard Mechanism) Rule 2015.
3 Authority
This instrument is made under subsection 22XS(1) of the National Greenhouse and Energy Reporting Act 2007.
4 Definitions
In this instrument:
Act means the National Greenhouse and Energy Reporting Act 2007.
adverse conclusion has the meaning given by the National Greenhouse and Energy Reporting (Audit) Determination 2009.
askm means available seat kilometres.
baseline determination means:
(a) a reported-emissions baseline determination; or
(b) a calculated-emissions baseline determination; or
(c) a benchmark-emissions baseline determination; or
(d) a production-adjusted baseline determination; or
(e) a landfill baseline determination.
baseline intensity comparison year includes the following financial years:
(a) if a reported-emissions baseline determination applies to the facility in respect of a financial year the subject of an application under subsection 46(1)—the year used to determine the baseline emissions number under subsection 17(1); and
(b) if a calculated-emissions baseline determination applies to the facility in respect of a financial year the subject of an application under subsection 46(1)—first year of the calculated-emissions baseline determination; and
(c) if a production-adjusted baseline determination applies to the facility in respect of a financial year the subject of an application under subsection 46(1)—the year used to determine the baseline emissions number under subsection 44(3); and
(d) if a baseline determination has been varied in respect of a financial year under Subdivision 6 of Division 2 of Part 3—that financial year.
benchmark-emissions baseline determination means a determination under subsection 38(2).
Benchmark Emissions-Intensity Index means index of emissions intensity per unit of a production variable set out in Schedule 1.
by‑product means a saleable output or other product that:
(a) results from a chemical or physical process undertaken by a facility other than for the purpose of producing the output; and
(b) will be disposed of, by sale or gift, without any further processing by the facility (other than further processing in accordance with standard industry practice); and
(c) contributes less than 10% of the facility’s revenue.
calculated-emissions baseline determination means a determination under subsection 30(2).
criminal activity means any activity that the Regulator has reasonable cause to believe involves the commission of an offence by one or more persons.
Darwin to Katherine network means the local distribution systems in items 1, 2 and 5 of Schedule 2 to the National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 (NT) and any transmission or distribution system which is connected to those local distribution systems.
default emissions intensity, in relation to a prescribed (annually adjusted) production variable or prescribed (fixed) production variable, means the t CO2‑e of covered emissions per unit of the production variable set out in Schedule 2 or 3.
designated electricity network means one of the following electricity networks:
(a) the interconnected national electricity system within the meaning of the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 (SA);
(b) the South West interconnected system within the meaning of section 3 of the Electricity Industry Act 2004 (WA);
(c) the North West interconnected system within the meaning of section 2 of the Electricity Transmission and Distribution Systems (Access) Act 1994 (WA);
(d) the Darwin to Katherine network;
(e) the Mount Isa–Cloncurry supply network within the meaning of section 10 of the Electricity—National Scheme (Queensland) Act 1997 (Qld).
details, in relation to a determination or declaration under this instrument, includes:
(a) the type of determination or declaration; and
(b) the facility to which the determination or declaration relates; and
(c) the responsible emitter for the facility to which the determination or declaration relates; and
(d) the start and any end date of the determination or declaration; and
(e) whether the new facility criteria, significant expansion criteria, inherent emissions variability criteria, initial calculated baseline criteria or transitional calculated baseline criteria were satisfied in relation to the making of the determination; and
(f) if the determination specifies a baseline emission number—that number; and
(fa) whether or not the baseline emissions number is dependent upon the production of a prescribed (annually adjusted) production variable in each financial year; and
(g) if a determination or declaration is being varied—the nature of that variation.
dwtnmi means dead weight tonne nautical miles.
emissions-intensity calculation criteria has the meaning given by section 6.
emissions intensity test means the test set out in section 47.
estimated emissions intensity has the meaning given by subsection 27(4).
fixed proportion includes a proportion that varies by less than 5%.
grid-connected electricity generator means a designated generation facility connected to a designated electricity network at any time during a financial year.
identifying details has the meaning given by the NGER Regulations.
identifying information has the meaning given by the NGER Regulations.
inherent emissions variability criteria means the criteria in section 25.
initial calculated baseline criteria means the criteria in section 26.
input means:
(a) if the input relates to a landfill facility—a tonne of waste received by a landfill facility; and
(b) otherwise—anything that undergoes a chemical or physical process to produce an intermediate product or an output.
intermediate product means a product that:
(a) results from a chemical or physical process undertaken by a facility using one or more inputs; and
(b) is then used as an input for the production of an output at the same facility.
inter-state transport facility means a facility:
(a) covered by regulation 2.19 of the NGER Regulations; and
(b) with activities or a series of activities in more than one State or Territory.
landfill baseline emissions formula means the formula for determining the baseline emissions number for a financial year set out in an landfill baseline determination under section 54.
landfill baseline determination means a determination under subsection 54(2).
landfill facility means a facility for the disposal of solid waste as landfill, and includes a facility that is closed for the acceptance of waste.
large new facility means a facility which:
(a) meets the new facility criteria; and
(b) has, or is likely to have, a baseline emissions number of more than 2 million t CO2‑e (assuming a 5 year baseline determination); and
(c) is not, or will not be, a grid-connected electricity generator.
legacy emissions has the meaning given by subsection 7(2).
limited assurance conclusion has the meaning given by the National Greenhouse and Energy Reporting (Audit) Determination 2009.
multi-year period declaration has the meaning given by subsection 65(1).
m3km means metres cubed kilometres.
national facility definition means the requirements for a transport facility applying as a result of a nomination under subregulation 2.19A(2) of the NGER Regulations.
new facility criteria means:
(a) in relation to a calculated-emissions baseline determination—the criteria in section 23.
(b) in relation to a benchmark-emissions baseline determination—the criteria in section 33.
NGER (Measurement) Determination means the National Greenhouse and Energy Reporting (Measurement) Determination 2008.
NGER Regulations means the National Greenhouse and Energy Reporting Regulations 2008.
output means a product that is:
(a) if the output is from a transport facility—a transport service measured by service units; or
(b) if more than 25,000 megawatt hours of electricity is, or is to be, generated at the facility in a financial year—electricity generated at the facility; or
(c) otherwise—the last product resulting from a chemical or physical process undertaken by a facility using one or more inputs or intermediate products.
output variable means any of the following:
(a) if the only output for a facility is electricity generation—the quantity of electricity exported from the facility as measured in megawatt hours;
(b) if electricity generation is one of 2 or more outputs for a facility—the quantity of electricity generated at the facility as measured in megawatt hours;
(c) if the facility is a transport facility—the quantity of service units of that facility
(d) the quantity of a product that is produced or processed by a facility, if:
(i) the product is the last saleable output from a chemical or physical process undertaken by the facility; and
(ii) an increase in the quantity of the product produced or processed by the facility would result in an increase in the quantity of covered emissions from the facility; and
(iii) a decrease in the quantity of the product produced or processed by the facility would result in a decrease in the quantity of covered emissions from the facility; and
(iv) the quantity of the product can be expressed in a unit of measurement that complies with the National Measurement Act 1960; and
(v) the product is not an intermediate product, a by-product or a waste product.
pkm means passenger kilometres.
pnmi means passenger nautical miles.
prescribed (annually adjusted) production variable means a metric related to the production at a facility set out in Schedule 2 that is applicable to the facility in accordance with any requirements set out in that Schedule. It includes:
(a) a production variable under paragraph (a) of the definition of that term that is a prescribed (annually adjusted) production variable chosen under subsection 5(1A); and
(b) a production variable under paragraph (a) of the definition of that term that is identified under section 5, other than subsection 5(1A), that is:
(i) the same as a metric set out in Schedule 2; and
(ii) not approved by the Regulator under subsection 5(1B); and
(c) a production variable under paragraph (b) of the definition of that term that is the same as a metric set out in Schedule 2.
prescribed (fixed) production variable means a metric related to the production at a facility set out in Schedule 3 that is applicable to the facility in accordance with any requirements set out in that Schedule.
prescribed production variable means a prescribed (annually adjusted) production variable or prescribed (fixed) production variable.
primary production variable means:
(a) if there is only one production variable—that variable
(b) if there is more than one production variable—the variable that is most significant for the operation of the facility having primary regard to the share of revenue and covered emissions directly or indirectly attributable to that production variable.
production assessment period, in relation to a production-adjusted baseline determination, means:
(a) if paragraph 40(1)(a) applies because of the expiry of a calculated-emissions baseline determination—the period covered by that baseline determination; or
(b) if paragraph 40(1)(a) applies because of the expiry of a benchmark-emissions baseline determination—the production estimation period used in calculating the baseline emissions number for that baseline determination; or
(c) if paragraph 40(1)(aa) applies—the period covered by the calculated-emissions baseline determination or benchmark-emissions baseline determination before the production-adjusted baseline determination is to commence; or
(d) if paragraph 40(1)(ab) applies—the first three years of the production-adjusted baseline determination; or
(e) if paragraph 40(1)(b) applies—the three year period starting on 1 July of the first financial year the facility’s covered emissions exceeded 100,000 t CO2‑e.
production-adjusted baseline determination means a determination under subsection 44(2).
production estimation period has the meaning given by subsection 35(4).
production variable, for a facility, means:
(a) in relation to:
(i) a calculated-emissions baseline determination either commencing before 1 July 2021 or made on the basis of the inherent emissions variability criteria; or
(ii) a production-adjusted baseline determination to follow or replace a calculated-emissions baseline determination (that commenced before 1 July 2021 or was made on the basis of the inherent emissions variability criteria); or
(iii) a variation of a baseline determination under Subdivision 6 of Division 2 of Part 3;
a prescribed production variable, an output variable, the quantity of an output, the quantity of an input or the quantity of an intermediate product identified as a production variable for the facility in accordance with section 5; and
(b) in relation to:
(i) a benchmark-emissions baseline determination; or
(ii) a production-adjusted baseline determination to follow or replace a benchmark-emissions baseline determination; or
(iii) a production-adjusted baseline determination to which paragraph 40(1)(b) applies;
a metric related to production at a facility that is applicable to the facility in accordance with any requirements set out in the Benchmark Emissions-Intensity Index; and
(c) in relation to:
(i) a calculated-emissions baseline determination commencing on or after 1 July 2021 that is not made on the basis of the inherent emissions variability criteria; or
(ii) a production-adjusted baseline determination to follow or replace a calculated-emissions baseline determination that commenced on or after 1 July 2021 and was not made on the basis of the inherent emissions variability criteria;
a prescribed production variable at a facility that is applicable to the facility in accordance with any requirements set out in Schedule 2 or 3; and
(d) in relation to a production-adjusted baseline determination to which paragraph 40(1)(ab) applies, a prescribed (annually adjusted) production variable at a facility that is applicable to the facility in accordance with any requirements set out in Schedule 2.
qualified limited assurance conclusion has the meaning given by the National Greenhouse and Energy Reporting (Audit) Determination 2009.
qualified reasonable assurance conclusion has the meaning given by the National Greenhouse and Energy Reporting (Audit) Determination 2009.
reasonable assurance conclusion has the meaning given by the National Greenhouse and Energy Reporting (Audit) Determination 2009.
relevant benchmark emissions intensity means the t CO2‑e of covered emissions per unit of a production variable for a kind of facility in the Benchmark Emissions-Intensity Index.
relevant earlier estimates means any of the following:
(a) an estimate included in an environmental impact assessment statement;
(b) an estimate made in an earlier application for a baseline determination in relation to the facility;
(c) an estimate published by the responsible emitter or by a person associated with the responsible emitter, such as their controlling corporation;
that:
(d) was publically available or submitted to the Regulator before the relevant application for a baseline determination; and
(e) relates to the expected covered emissions, covered emissions intensity or quantity of a production variable relied upon in an application for a baseline determination.
reported-emissions baseline determination means a determination under subsection 14(1) or (2).
Safeguard Mechanism document means the document entitled “Safeguard Mechanism: Prescribed production variables and default emissions intensities” published by the Department and as in force on the commencement of the National Greenhouse and Energy Reporting (Safeguard Mechanism) Amendment (Prescribed Production Variables Update) Rule 2021.
Note: In 2021, the document could be accessed from and is included in the explanatory statement for the National Greenhouse and Energy Reporting (Safeguard Mechanism) Amendment (Prescribed Production Variables Update) Rule 2021.
sectoral-baseline financial year means every financial year before the financial year beginning on the first 1 July after the Regulator has published a statement on its website that the total reported scope 1 emissions of all grid-connected electricity generators exceeded 198,000,000 t CO2‑e emissions in the previous financial year based upon reports submitted to the Regulator at the time of the statement. The Regulator must take all reasonable steps to publish the statement at least 4 months before the start of the financial year which is not a sectoral-baseline financial year.
Example: If the sum of reported emissions from each grid-connected electricity generator was 210,000,000 t CO2‑e in 2020-21, by 28 February 2022 the Regulator would publish a statement on its website and the financial year beginning 1 July 2022 would not be a sectoral-baseline financial year and emissions of grid-connected electricity generators would be covered emissions in that year.
service unit means a unit of measure related to a transport facility (such as askm, dwtnmi, m3km, pkm, pnmi, tkm, tnmi or vkt) determined and measured by the responsible emitter for the facility taking into account:
(a) standard industry practice; and
(b) existing measurement systems used by the responsible emitter.
significant expansion criteria means:
(a) in relation to a calculated-emissions baseline determination—the criteria in section 24.
(b) in relation to a benchmark-emissions baseline determination—the criteria in section 34.
t CO2‑e means tonnes of carbon dioxide equivalence.
tkm means tonne kilometres.
tnmi means tonne nautical miles.
transitional calculated baseline criteria means the criteria in section 26A.
vkt means vehicle kilometres travelled.
waste product means an output or other product that:
(a) results from a chemical or physical process undertaken by a facility other than for the purpose of producing the output; and
(b) will be disposed of without any further processing by the facility (other than further processing in accordance with standard industry practice); and
(c) is not a by-product.
5 Identification of production variables
(1) The identification of a production variable in relation to a facility must meet the requirements of this section.
Note: This section is only relevant to paragraph (a) of the definition of production variable in section 4.
(1A) The responsible emitter for a facility may choose any applicable prescribed production variable if the result is that:
(a) all the production variables chosen are prescribed production variables; or
(b) all of the following apply:
(i) the facility produces outputs unrelated to the prescribed production variables and the covered emissions considered in developing those production variables;
(ii) the production variables that are not prescribed relate only to those outputs and covered emissions;
(iii) the covered emissions attributable to each production variable that is not prescribed exceed 5% of the covered emissions of the facility;
(iv) the production variables that are not prescribed are otherwise identified in accordance with this section.
(1B) If a production variable is identified under subsection (2) to (10) that is the same, in all material respects, as a prescribed production variable, the prescribed production variable must be chosen under subsection (1A) unless the Regulator approves otherwise in writing.
(2) If the facility has only one output that has an output variable, that output variable must be the production variable unless subsections (10) or (1A) apply.
(3) If the facility has more than one output that has an output variable, each of those output variables must be a production variable unless subsections (1A), (4), (5), (6), (7) or (10) apply.
Similar output variables
(4) If:
(a) 2 or more of a facility’s output variables (the similar variables) are measured in the same units; and
(b) the covered emissions per unit of production of all of the similar variables are materially similar;
the responsible emitter for the facility may choose the sum of the similar variables to be treated as a single production variable for the facility instead of the individual output variables.
Inputs and intermediate products
(5) If:
(a) a single input, or a single intermediate product, is used to produce all of a facility’s outputs; and
(b) the input, or intermediate product, meets the requirements set out in subsection (8);
(c) no other input or intermediate product that meets the requirements set out in subsection (8) is used to produce any of the facility’s outputs;
the responsible emitter for the facility may choose the quantity of the input, or the quantity of the intermediate product, to be a production variable for the facility instead of the facility’s output variables.
Multiple inputs and intermediate products
(6) If:
(a) 2 or more inputs, or 2 or more intermediate products, are used to produce all of a facility’s outputs; and
(b) the inputs, or intermediate products, are used in a fixed proportion to each other; and
(c) the inputs, or intermediate products, meet the requirements set out in subsection (8);
the responsible emitter for the facility may choose the quantity of one of the inputs, or the quantity of one of the intermediate products, to be a production variable for the facility instead of the facility’s output variables.
Similar inputs and similar intermediate products
(7) If:
(a) 2 or more inputs, or 2 or more intermediate products, are used to produce all of a facility’s outputs; and
(b) 2 or more of the inputs (the similar inputs), or 2 or more of the intermediate products (the similar intermediate products), can be quantified using the same unit of measurement; and
(c) the covered emissions produced by the facility per unit of each similar input, or similar intermediate product, used are materially similar; and
(d) the similar inputs, or similar intermediate products, meet the requirements set out in subsection (8);
the responsible emitter for the facility may choose the quantity of the similar inputs, or the quantity of the similar intermediate products, to be a single production variable for the facility instead of the facility’s output variables.
Requirements that must be met
(8) An input, or an intermediate product, that is used by a facility to produce multiple outputs meets the requirements set out in this subsection if:
(a) one or more of the following apply:
(i) the outputs are produced in a fixed proportion to the input or intermediate product;
(ii) each output can be quantified using the same unit of measurement, and the covered emissions per unit of production of each output are materially similar;
(iii) the facility is:
(A) a petroleum refinery; or
(B) a natural gas processing or liquefaction facility; and
(b) an increase in the quantity of the input or intermediate product used by the facility to produce the outputs would result in an increase in the quantity of covered emissions from the facility; and
(c) a decrease in the quantity of the input or intermediate product used by the facility to produce the outputs would result in a decrease in the quantity of covered emissions from the facility; and
(d) either:
(i) the input or intermediate product is an essential component of the production process, and omitting it would prevent the production process working; or
(ii) omitting the input or intermediate product from the production process during a financial year would change the covered emissions of the facility by 5% or more; and
(e) the quantity of the input or intermediate product can be expressed in a unit of measurement that complies with the National Measurement Act 1960; and
(f) for a facility that is:
(i) a petroleum refinery; or
(ii) a natural gas processing or liquefaction facility;
—the input or intermediate product is primarily used as an input to a production process (whether or not it is also a fuel that produces energy at the facility); and
(g) for a facility that is not:
(i) a petroleum refinery; or
(ii) a natural gas processing or liquefaction facility;
—the input or intermediate product is not a fuel that produces energy at the facility.
If no discernible output
(9) If:
(a) a facility does not have a discernible output that has an output variable; and
(b) the facility has one or more inputs, intermediate products or outputs that are not saleable products, each of which satisfies the following;
(i) an increase in the quantity of the input, intermediate product or output used by or produced or processed by the facility would result in an increase in the quantity of covered emissions from the facility; and
(ii) a decrease in the quantity of the input, intermediate product or output used by or produced or processed by the facility would result in a decrease in the quantity of covered emissions from the facility; and
(iii) the quantity of the input, intermediate product or output can be expressed in a unit of measurement that complies with the National Measurement Act 1960;
(iv) the input, intermediate product or output is not a by-product or waste product;
then:
(c) the responsible emitter for the facility may choose to use the quantities of those inputs, intermediate products or outputs as production variables for the facility; and
(d) subsection (4) applies as if they were output variables.
If emissions-intensive trade-exposed activities conducted
(10) If the facility carries out one or more emissions-intensive trade-exposed activities (within the meaning of the Renewable Energy (Electricity) Act 2001) the responsible emitter for the facility may choose the quantity of all relevant products (within the meaning of Part 3A of the Renewable Energy (Electricity) Regulations 2001) associated with a facility to be production variables for a facility instead of the facility’s output variables (other than an output variable covered by paragraph (a) or (b) of the definition of output variable in section 4).
Meaning of materially similar
(11) For the purposes of paragraph (4)(b) and subparagraph (8)(a)(ii), the covered emissions per unit of production of 2 output variables or outputs are materially similar if the average covered emissions per unit of production of one of those variables or outputs during the relevant comparison period is, or is expected to be, no more than 5% greater than the average covered emissions per unit of production of the other variable or output during that period.
(12) For the purposes of paragraph (7)(c), the covered emissions produced by a facility per unit of each similar input, or similar intermediate product, used by the facility are materially similar if the average covered emissions per unit of one of the similar inputs, or similar intermediate products, used during the relevant comparison period is, or is expected to be, no more than 5% greater than the average covered emissions per unit of any other similar input, or similar intermediate product, used during that period.
(13) In this section the relevant comparison period is:
(a) if production variables are being identified for a calculated-emissions baseline determination—the first 3 years of that baseline determination; and
(b) if production variables are being identified for a variation of a baseline determination under subsection 51(2)—both the financial year for which the baseline emissions number is to be varied and the most recent baseline intensity comparison year.
6 Emissions-intensity calculation criteria
(1) The calculation of the emissions-intensity of a production variable meets the emissions-intensity calculation criteria if:
(a) the requirements of subsections (2) to (8C) are met; and
(b) the principles in subsections (9) to (11) have been taken into account.
Requirements
(2) Only covered emissions are included in the calculation.
(3) Subject to subsection (8A), if there is only one production variable—the emissions intensity of the production variable is calculated by dividing the total covered emissions of the facility by the production variable.
(4) Subject to subsection (8A), if there are 2 or more production variables—the total covered emissions of the facility are apportioned between each production variable and then the emissions apportioned to each production variable are divided by that production variable.
(5) The emissions intensity is expressed in t CO2‑e per unit of the production variable.
(6) If a greenhouse gas other than carbon dioxide has contributed, or is reasonably likely to contribute, more than 1% of the expected covered emissions in the financial year being considered for the purpose of making of a calculated-emissions baseline determination—the emissions intensity of that gas in t CO2‑e per unit of each production variable must be separately identified.
(7) The calculation must measure and apportion covered emissions in a manner that is consistent with the NGER (Measurement) Determination.
(8) The emissions intensity of each production variable must fairly represent the actual emissions attributable to the production variable.
(8A) If the application uses an estimated emissions intensity for a prescribed production variable—the estimated emissions intensity must include only emissions that:
(a) if a default emissions intensity is specified for the production variable in Schedule 2 or 3—are emissions of a kind considered in developing the default emissions intensity; or
(b) if no default emissions intensity is specified for the production variable in Schedule 2 or 3—are of a kind that was considered as relevant to the production variable when it was included in that Schedule; or
(c) are minor emissions sources at the facility that:
(i) were not taken into account in developing a default emissions intensity for another prescribed production variable potentially applicable to the facility; and
(ii) were not considered relevant to any prescribed production variable for which a default emissions intensity is not specified in Schedule 2 or 3; and
(iii) taken together, are unlikely to exceed 10% of the covered emissions of the facility.
(8B) However, if the application uses default emissions intensities set out in Schedule 2 or 3 for some prescribed production variables and estimated emissions intensities for other production variables—the estimated emissions intensities must not include emissions of a kind considered in developing those default emissions intensities.
(8C) For the purpose of determining under subsection (8A) or (8B) whether:
(a) an emission was considered in developing the default emissions intensity for a prescribed production variable: or
(b) an emission was considered relevant to the production variable when it was included in Schedule 2 or 3;
regard must be had to the Safeguard Mechanism document.
Principles
(9) If a covered emissions source overlaps 2 or more production variables—emissions from that source are apportioned between the variables so that the sum of the covered emissions apportioned to each variable in:
(a) if production variables are being identified for a calculated-emissions baseline determination—each of the first 3 years of that baseline determination; and
(b) if production variables are being identified for a variation of a baseline determination under subsection 51(2)—both the financial year for which the baseline emissions number is to be varied and the most recent baseline intensity comparison year;
should be no more than 5% greater than the total covered emissions, or expected covered emissions, from that source during each year.
(11) The apportionment of covered emissions to individual production variables should be free of bias that may lead to an overestimate of covered emissions in:
(a) if production variables are being identified for a calculated-emissions baseline determination— the period to be covered by the baseline determination; and
(b) if production variables are being identified for a variation of a baseline determination under subsection 51(2)—the most recent baseline intensity comparison year;
due to changes in the relative mix of production variables.
Part 2—Coverage
7 Covered emissions
(1) For section 22XI of the Act, the following scope 1 emissions of one or more greenhouse gases are not covered emissions for the purposes of the safeguard mechanism:
(a) emissions of one or more greenhouse gases in circumstances where the Minister has not determined, under subsection 10(3) of the Act:
(i) methods by which the amounts of the scope 1 emissions of the greenhouse gas are to be measured; or
(ii) criteria for methods by which the amounts of the scope 1 emissions of the greenhouse gas are to be measured;
(b) legacy emissions from the operation of a landfill facility;
(c) emissions of one or more greenhouse gases from the operation of a grid-connected electricity generator in respect of a sectoral-baseline financial year;
(d) if a facility is partly in Australia and partly in the Greater Sunrise special regime area—scope 1 emissions of greenhouse gases which occurred in the Greater Sunrise special regime area.
Note: A facility wholly in the Greater Sunrise special regime area is not subject to the safeguard provisions in accordance with subsection 6A(4) of the Act.
Legacy emissions
(2) For the purposes of subsection (1), if:
(a) an amount of greenhouse gas was emitted from the operation of a landfill facility; and
(b) waste was accepted by the landfill facility before 1 July 2016;
so much of the amount mentioned in paragraph (a) as is, under a determination under subsection 10(3) of the Act, taken to be attributable to waste accepted by the facility before 1 July 2016 is a legacy emission from the operation of the landfill facility.
8 Designated large facility threshold
For paragraph 22XJ(1)(b) of the Act, the specified number is 100,000.
Part 3—Baselines
Division 1—Baseline emissions number
9 Operation of this Division
For subsection 22XL(1) of the Act, this Division provides for the ascertainment of a baseline emissions number for a facility for a financial year.
10 Baseline emissions number
The baseline emissions number, in t CO2‑e, for a facility for a financial year is:
(a) if a baseline determination is in force in respect of the facility for a financial year—the number ascertained under that determination; and
(b) otherwise—100,000.
Division 2—Baseline determinations
Subdivision 1—Preliminary
11 Operation of this Division
This Division provides for the making, variation and expiry of baseline determinations.
12 Minimum baseline emissions number
Despite any other provision in this Division, a baseline determination must not provide that a baseline emissions number for a facility for a financial year is less than 100,000 t CO2‑e.
13 References to covered emissions
A reference to covered emissions in a financial year in this Division:
(a) is to be calculated on the assumption the financial year is not a sectoral-baseline financial year; and
(b) if used in relation to a reported-emissions baseline determination—is taken to include legacy emissions from the operation of a landfill facility.
Subdivision 2—Reported-emissions baseline determinations
14 Reported-emissions baseline determinations
General
(1) If, in relation to a facility:
(a) both:
(i) scope 1 emissions of one or more greenhouse gases from the operation of the facility were included in reports under the Act for the 5 financial years beginning 1 July 2009; and
(ii) there were more than 100,000 t CO2‑e of covered emissions reported for at least one of the 5 financial years beginning on 1 July 2009; or
(b) both:
(i) scope 1 emissions of one or more greenhouse gases from the operation of the facility were included in reports under the Act for at least 3 of the 5 financial years beginning 1 July 2009; and
(ii) there were more than 100,000 t CO2‑e of covered emissions reported for at least 3 of the 5 financial years beginning on 1 July 2009; or
(c) all of the following apply:
(i) scope 1 emissions of one or more greenhouse gases from the operation of the facility were included in at least one report under the Act for any of the 5 financial years beginning 1 July 2009; and
(ii) there were more than 100,000 t CO2‑e of covered emissions reported for at least one of the 5 financial years beginning on 1 July 2009; and
(iii) the responsible emitter for the facility had notified the Regulator in writing before 1 August 2016 that it was seeking a reported-emissions baseline determination in respect of the facility;
the Regulator must make a reported-emissions baseline determination in relation to the facility.
Inter-state transport facilities
(2) If, in relation to an inter-state transport facility:
(a) the national facility definition applies to the facility from 1 July of a financial year before the financial year beginning 1 July 2021; and
(b) subsection (1) would apply to the facility if:
(i) the national facility definition was the basis of reports under the Act for the 5 financial years beginning 1 July 2009; and
(ii) the reference to 1 August 2016 in subparagraph (1)(c)(iii) was taken to be a reference to 1 August of the financial year referred to in paragraph (a);
the Regulator must make a reported-emissions baseline determination in relation to the facility.
(3) For the purposes of subparagraphs (1)(a)(ii), (1)(b)(ii) and (1)(c)(ii):
(a) the carbon dioxide equivalence of:
(i) carbon dioxide, and
(ii) methane; and
(iii) nitrous oxide; and
(iv) perfluorocarbon emissions attributable to aluminium production;
is to be determined consistently with the global warming potential of the greenhouse gas under regulation 2.02 of the NGER Regulations as at the time the reported-emissions baseline determination is made; and
(b) the carbon dioxide equivalence of each greenhouse gas not covered by paragraph (a) is to be determined consistently with the global warming potential of the greenhouse gas assumed in the relevant report under the Act.
15 Further information
(1) The Regulator may, by written notice given to the responsible emitter, require the responsible emitter to give the Regulator, within the period specified in the notice, further information in connection with the reported-emissions baseline determination.
(2) If the responsible emitter breaches the requirement, the Regulator may, by written notice given to the responsible emitter:
(a) refuse to take any action, or any further action, in relation to making a reported-emissions baseline determination until the information is provided; and
(b) make any assumptions the Regulator considers appropriate about the information which was not provided.
16 Process for making a reported-emissions baseline determination
(1) The Regulator must not make a reported-emissions baseline determination in relation to a facility unless the Regulator has provided a written notice to the responsible emitter for the facility:
(a) stating that it intends to make a reported-emissions baseline determination in relation to the facility; and
(b) specifying the baseline emissions number that would apply under the determination; and
(c) stating whether any covered emissions are proposed to be:
(i) disregarded under subsection 17(2) or 17(3); or
(ii) included under subsection 17(4); and
(d) seeking any comments by a date specified in the notice.
(2) The Regulator must consider any comments received by the date specified in the notice and use all reasonable endeavours to make a reported-emissions baseline determination by the later of:
(a) the first 1 September after the proposed commencement of the determination; and
(b) if the Regulator requires the responsible emitter to give further information under subsection 15(1) in connection with the reported-emissions baseline determination—30 days after the responsible emitter gave the Regulator the information; and
(c) 30 days after the date specified in paragraph (1)(d).
(3) As soon as practicable after making a reported-emissions baseline determination, the Regulator must:
(a) provide written notice of the determination to the responsible emitter for the facility covered by the determination; and
(b) publish the details of the determination on its website.
(4) It is immaterial whether the written notice under subsection (1) was provided to the responsible emitter before or after the commencement of this section.
17 Determining the baseline emissions number
(1) Subject to section 12, a reported-emissions baseline determination must specify the baseline emissions number for the facility for each financial year during which the determination is in force as the highest annual number of t CO2‑e of covered emissions based on the available reports under the Act for the 5 financial years beginning on 1 July 2009.
(c) nickel sulphate hexahydrate (NiSO4.6H2O) that has a concentration of nickel equal to or greater than 22% by mass;
(d) other nickel products that have a concentration of nickel equal to or greater than 98% by mass.
(2) In this Part the activity of nickel manufacturing is the physical and chemical transformation of either or both of:
(a) nickel bearing inputs into intermediate nickel products or primary nickel products; and
(b) intermediate nickel products into primary nickel products.
Division 2—Nickel production variables
77 Primary nickel products from nickel bearing inputs
(1) Tonnes of 100% equivalent nickel that:
(a) is contained within primary nickel products that:
(i) are produced from nickel bearing inputs as part of carrying on the nickel manufacturing activity at the facility; and
(ii) are of saleable quality; and
(b) has not been counted in relation to the intermediate nickel product production variable at the facility.
(2) The metric in subsection (1) is applicable to a facility that conducts the nickel manufacturing activity
(3) The default emissions intensity is 8.78 t CO2-e per tonne of 100% equivalent nickel.
78 Primary nickel products from imported intermediate nickel products
(1) Tonnes of 100% equivalent nickel contained within primary nickel products that:
(a) are produced from imported intermediate nickel products as part of carrying on the nickel manufacturing activity at the facility; and
(b) are of saleable quality.
(2) The metric in subsection (1) is applicable to a facility that conducts the nickel manufacturing activity.
(3) The default emissions intensity is 2.52 t CO2-e per tonne of 100% equivalent nickel.
79 Intermediate nickel products from nickel bearing inputs
(1) Tonnes of 100% equivalent nickel contained within intermediate nickel products that:
(a) are produced from nickel bearing inputs as part of carrying on the nickel manufacturing activity at the facility; and
(b) are not, and are not intended to be, transformed into primary nickel products at the facility; and
(c) are of saleable quality.
(2) The metric in subsection (1) is applicable to a facility that conducts the nickel manufacturing activity.
(3) The default emissions intensity is 1.76 t CO2-e per tonne of 100% equivalent nickel.
Part 41—Pulp and paper production
Division 1—Definitions
80 Definitions
In this Part:
newsprint manufacturing activity—see section 84.
packaging and industrial paper manufacturing activity—see section 82.
printing and writing paper manufacturing activity—see section 83.
pulp production activity—see section 85.
tissue paper manufacturing activity—see section 81.
Division 2—Tissue paper
81 Tissue paper
(1) Tonnes of rolls of uncoated tissue paper that:
(a) has a grammage range of 13 g/m2 to 75 g/m2; and
(b) has a moisture content in the range of 4% to 11% by mass; and
(c) is generally useable in sanitary products such as facial tissue, paper towel, bathroom tissue and napkins; and
(d) has not been counted for another production variable at the facility; and
(e) is produced as part of carrying on the tissue paper manufacturing activity at the facility; and
(f) is of saleable quality.
(2) The metric in subsection (1) is applicable to a facility that conducts the activity of producing rolls of uncoated tissue paper through the physical or chemical transformation of pulp into rolls of uncoated tissue paper that:
(a) has a grammage range of 13 g/m2 to 75 g/m2; and
(b) has a moisture content in the range of 4% to 11% by mass; and
(c) is generally useable in sanitary products such as facial tissue, paper towel, bathroom tissue and napkins; and
(d) is of saleable quality.
(3) The activity in subsection (2) is the tissue paper manufacturing activity.
(4) The default emissions intensity is 0.448 t CO2-e per tonne of rolls of uncoated tissue paper.
Division 3—Packaging and industrial paper
82 Packaging and industrial paper
(1) Tonnes of rolls of packaging and industrial paper that:
(a) is produced from wholly or partially unbleached input fibre; and
(b) has a grammage range of 30 g/m2 to 500 g/m2; and
(c) has a moisture content in the range of 4% to 11% by mass; and
(d) is uncoated; and
(e) is generally useable as a packaging or industrial paper, including products such as kraft liner, recycled or multiply liner, medium, sack and bag paper, wrapping paper, plasterboard liner, horticultural paper and building paper; and
(f) has not been counted for another production variable at the facility; and
(g) is produced as part of carrying on the packaging and industrial paper manufacturing activity at the facility; and
(h) is of saleable quality.
(2) The metric in subsection (1) is applicable to a facility that conducts the activity of producing rolls of packaging and industrial paper through physical or chemical transformation of pulp into packaging and industrial paper that:
(a) is produced from wholly or partially unbleached input fibre; and
(b) has a grammage range of 30 g/m2 to 500 g/m2; and
(c) has a moisture content in the range of 4% to 11% by mass; and
(d) is uncoated; and
(e) is generally useable as a packaging or industrial paper, including products such as kraft liner, recycled or multiply liner, medium, sack and bag paper, wrapping paper, plasterboard liner, horticultural paper and building paper; and
(f) is of saleable quality.
(3) The activity in subsection (2) is the packaging and industrial paper manufacturing activity.
(4) The default emissions intensity is 0.166 t CO2-e per tonne of rolls of packaging and industrial paper.
Division 4—Printing and writing paper
83 Printing and writing paper
(1) Tonnes of rolls of coated or uncoated printing and writing paper that:
(a) is produced from 100% bleached or brightened input fibre; and
(b) has a grammage range of 42 g/m2 to 350 g/m2; and
(c) has a moisture content in the range of 4% to 11% by mass; and
(d) is generally useable as a printing and writing paper product, including products such as offset paper, copy paper, laser printing paper, magazine paper, filing card paper, manilla, book printing paper, envelope paper, forms paper, scholastic paper, cheque paper and security paper; and
(e) has not been counted for another production variable at the facility; and
(f) is produced as part of carrying on the printing and writing paper manufacturing activity at the facility; and
(g) is of saleable quality.
(2) The metric in subsection (1) is applicable to a facility that conducts the activity of producing rolls of coated or uncoated printing and writing paper through physical or chemical transformation of pulp into rolls of coated or uncoated printing and writing paper that:
(a) is produced from 100% bleached or brightened input fibre; and
(b) has a grammage range of 42 g/m2 to 350 g/m2; and
(c) has a moisture content in the range of 4% to 11% by mass; and
(d) is generally useable as a printing and writing paper product, including products such as offset paper, copy paper, laser printing paper, magazine paper, filing card paper, manilla, book printing paper, envelope paper, forms paper, scholastic paper, cheque paper and security paper; and
(e) is of saleable quality.
(3) The activity in subsection (2) is the printing and writing paper manufacturing activity.
(4) The default emissions intensity is 0.443 t CO2-e per tonne of rolls of coated or uncoated printing and writing paper.
Division 5—Newsprint
84 Newsprint
(1) Tonnes of rolls of coated or uncoated newsprint that:
(a) has a grammage range of 30 g/m2 to 80 g/m2; and
(b) has a moisture content range of 4% to 11% by mass; and
(c) is generally usable for newspaper or publication products; and
(d) has not been counted for another production variable at the facility;
(e) is produced as part of carrying on the newsprint manufacturing activity at the facility.
(2) The metric in subsection (1) is applicable to a facility that conducts the activity of producing rolls of coated or uncoated newsprint through the chemical and physical transformation, using an integrated process, of any or all of woodchips, sawdust, wood pulp and recovered paper into rolls of coated or uncoated newsprint that:
(a) has a grammage range of 30 g/m2 to 80 g/m2; and
(b) has a moisture content range of 4% to 11% by mass; and
(c) is generally usable for newspaper or publication products.
(3) The activity in subsection (2) is the newsprint manufacturing activity.
(4) The default emissions intensity is 0.464 t CO2-e per tonne of rolls of coated or uncoated newsprint.
Division 6—Pulp
85 Pulp
(1) Tonnes of wet or dry pulp that:
(a) is generally useable in one or more of:
(i) paper manufacturing;
(ii) packaging and cardboard manufacturing;
(iii) newsprint manufacturing;
(iv) tissue paper manufacturing;
(v) the production of sanitary products (such as a fluff pulp layer in sanitary products); and
(b) is measured according to ordinary measurement rules applicable in the industry; and
(c) if wet pulp—is converted to an air dried basis; and
(d) is produced as part of carrying on the pulp production activity at the facility; and
(e) is not used in the newsprint manufacturing activity at the same facility.
Note: The quantity of pulp is generally converted to an air dried basis by adjusting the relevant tonnes to their mass with a moisture content of 10% (without drying the relevant wet pulp product).
(2) The metric in subsection (1) is applicable to a facility that conducts the activity of producing pulp through the physical or chemical transformation of any or all of wood chips, sawdust, wood pulp and recovered paper into wet or dry pulp that is generally usable in one or more of the following:
(a) paper manufacturing;
(b) packaging and cardboard manufacturing;
(c) newsprint manufacturing;
(d) tissue paper manufacturing;
(e) the production of sanitary products (such as a fluff pulp layer in sanitary products).
(3) The activity in subsection (2) is the pulp production activity.
(4) The default emissions intensity is 0.0501 t CO2-e per tonne wet or dry pulp.
Part 42—Ethylene and polyethylene production
86 Ethene (ethylene)
(1) Tonnes of 100% equivalent ethene (ethylene (C2H4)) that is contained within ethene that:
(a) has a concentration of ethene equal to or greater than 99% by mass; and
(b) is produced as part of carrying on the ethene production activity at the facility; and
(c) is of saleable quality.
(2) The metric in subsection (1) is applicable to a facility that conducts the activity of producing ethene (ethylene (C2H4)) through the chemical transformation of hydrocarbons to produce ethene that has a concentration of ethene equal to or greater than 99% by mass (the ethene production activity).
(3) The default emissions intensity is 1.96 t CO2-e per tonne of 100% equivalent ethene.
87 Polyethylene
(1) Tonnes of pelletised polyethylene that:
(a) has a standard density equal to or greater than 0.910 g/cm3; and
(b) is produced as part of carrying on the polyethylene production activity at the facility; and
(c) is of saleable quality.
(2) The metric in subsection (1) is applicable to a facility that conducts the activity of producing polyethylene through the chemical transformation ethene (ethylene (C2H4)) to produce polyethylene with a standard density equal to or greater than 0.910 g/cm3 (the polyethylene production activity).
(3) The default emissions intensity is 0.136 t CO2-e per tonne of pelletised polyethylene.
(4) In this section:
standard density, for polyethylene, means the density of polyethylene moulded to a thickness of 1.9 mm using Procedure C of Annex A1 to ASTM D4703-16 (2016).
Note: In 2021, the standard could be accessed from 43—Wheat based products
88 Wheat protein products (dried gluten)
(1) Tonnes of the following products produced as part of carrying on the wheat protein products production activity at the facility that meet the requirements of subsection (2):
(a) vital wheat gluten;
(b) devitalised wheat gluten;
(c) solubilised wheat proteins.
(2) The requirements for products to be included in subsection (1) are that the products:
(a) do not have a moisture content that exceeds 10% (as a gravimetric water content); and
(b) for vital and devitalised wheat gluten, have at least 80% crude protein (on a dry solids basis, where nitrogen content is multiplied by 6.25); and
(c) for solubilised wheat proteins, have at least 60% crude protein (on a dry solids basis, where nitrogen content is multiplied by 6.25); and
(d) exclude added vitamins, minerals, amino acids and optional ingredients on a dry weight basis; and
(e) are of saleable quality.
(3) The metric in subsection (1) is applicable to a facility that conducts the activity of producing wheat protein products by the physical and chemical transformation of wheat into one or more of the products listed in subsection (1) that meet the requirements in subsection (2).
(4) The activity in subsection (3) is the wheat protein products production activity.
89 Dried wheat starch
(1) Tonnes of the following products produced as part of carrying on the dried wheat starch production activity at the facility that meet the requirements of subsection (2):
(a) dried wheat starch;
(b) modified and resistant starches.
(2) The requirements for products to be included in subsection (1) are that the products:
(a) have a moisture content of no more than 13% (as a gravimetric water content); and
(b) have a protein content of no more than 0.35% (on a dry solids basis, where nitrogen content is multiplied by 5.7); and
(c) for unmodified dried wheat starch covered by paragraph (1)(a), have a Brabender peak viscosity of no less than 500 Brabender units at 8% solids (on a dry solids basis) when measured in accordance with standard industry practices; and
(d) are of saleable quality.
(3) The metric in subsection (1) is applicable to a facility that conducts the activity of producing dried wheat starch through the removal of non-starch fractions of the wheat flour by physical and chemical transformation of wheat into one of the products listed in subsection (1) that meet the requirements in subsection (2).
(4) The activity in subsection (3) is the dried wheat starch production activity.
90 Wheat based glucose
(1) Tonnes of the following products produced as part of carrying on the wheat based glucose production activity at the facility that meet the requirements of subsection (2):
(a) wheat based glucose syrup;
(b) maltodextrin.
(2) The requirements for products to be included in subsection (1) are that the products:
(a) for wheat based glucose syrup, is produced from wheat to a total solids percentage of between 67% to 84%; and
(b) for wheat based glucose syrup, has a dextrose equivalent content of not less than 20% (expressed as D-glucose on a dry weight basis); and
(c) for maltodextrin:
(i) may be dried to a moisture content that does not exceed 10% (as a gravimetric water content); and
(ii) has a dextrose equivalent content of between 10% and 20% (expressed as D-glucose on a dry weight basis); and
(d) are of saleable quality.
(3) The metric in subsection (1) is applicable to a facility that conducts the activity of producing wheat based glucose through the physical and chemical transformation of wheat starch into one of the products listed in subsection (1) that meet the requirements in subsection (2).
(4) The activity in subsection (2) is the wheat based glucose production activity.
91 Wheat based dried distillers grain
(1) Tonnes of wheat based dried distillers grain that are produced as part of carrying on the wheat based dried distillers grain production activity at the facility to meet the following requirements:
(a) are a minimum of 88% dry matter on a dry solids basis; and
(b) are a minimum of 20% crude protein (on a dry solids basis, where nitrogen is multiplied by 6.25); and
(c) are of saleable quality.
(2) The metric in subsection (1) is applicable to a facility that conducts the activity of producing wheat based dried distillers grain through the physical and chemical transformation of the non-fermentable residues of wheat starch products from the production of ethanol, where the residues are dried under heat, into wheat based dried distillers grain.
(3) The activity in subsection (2) is the wheat based dried distillers grain production activity.
Part 44—Ethanol
92 Ethanol—95
(1) Kilolitres of ethanol produced as part of carrying on the ethanol—95 production activity at the facility that meet the requirements of subsection (2).
(2) The requirements for ethanol to be included in subsection (1) are the ethanol:
(a) is produced with a minimum 95% ethanol content by volume; and
(b) is not further processed into ethanol—absolute or beverage grade ethanol covered by sections 93 and 94 or otherwise included in those production variables; and
(c) is of saleable quality.
(3) The metric in subsection (1) is applicable to a facility that conducts the activity of producing ethanol through the physical and chemical transformation of feedstocks into ethanol that meet the requirements in subsection (2).
(4) The activity in subsection (3) is the ethanol—95 production activity.
93 Ethanol—absolute
(1) Kilolitres of ethanol produced as part of carrying on the ethanol—absolute production activity at the facility that meet the requirements of subsection (2).
(2) The requirements for ethanol to be included in subsection (1) are that the ethanol:
(a) is produced with a minimum 99% ethanol content by volume; and
(b) is not further processed into beverage grade ethanol covered by section 94 or otherwise included in the ethanol production variables under sections 92 or 94; and
(c) is of saleable quality.
(3) The metric in subsection (1) is applicable to a facility that conducts the activity of producing ethanol through the physical and chemical transformation of feedstocks into ethanol that meet the requirements in subsection (2).
(4) The activity in subsection (3) is the ethanol—absolute production activity.
94 Beverage grade ethanol
(1) Kilolitres of ethanol produced as part of carrying on the beverage grade ethanol production activity at the facility that meet the requirements of subsection (2).
(2) The requirements for ethanol to be included in subsection (1) are that the ethanol:
(a) would otherwise be eligible as ethanol—95 or ethanol—absolute, but is not included in the tonnes of those products under section 92 or 93; and
(b) has been processed to a higher degree of purity than ordinarily required for ethanol—95 or ethanol—absolute, to a standard for use in beverages and other forms of human consumption; and
(c) is of saleable quality.
(3) The metric in subsection (1) is applicable to a facility that produces beverage grade ethanol through the physical and chemical transformation of feedstocks into ethanol that meets the requirements in subsection (2).
(4) The activity in subsection (3) is the beverage grade ethanol production activity.
Part 45—Production variables related to sugar production
95 Raw sugar
(1) Tonnes of raw sugar that:
(a) is produced as part of carrying on the raw sugar manufacturing activity at the facility; and
(b) is generally useable in sugar refining activities; and
(c) is of saleable quality.
(2) The metric in subsection (1) is applicable to a facility that conducts the activity of manufacturing raw sugar through the physical or chemical transformation of sugar cane or other plant matter into raw sugar that:
(a) is generally useable in sugar refining activities; and
(b) is of saleable quality.
(3) The activity in subsection (2) is the raw sugar manufacturing activity.
(4) The default emissions intensity is 0.0311 t CO2-e per tonne of raw sugar.
96 Exported steam related to the raw sugar manufacturing activity
(1) Gigajoules of steam that:
(a) is generated at a sugar mill by heating water; and
(b) is transferred or exported to another facility for use at that facility.
(2) The metric in subsection (1) is applicable to a facility that:
(a) conducts the raw sugar manufacturing activity; and
(b) is structured such that energy (including steam and with or without the export of electricity) is intended to be the only output from the facility for a portion of the year under ordinary operating conditions, such as a facility with a seasonal output which exports energy year-round.
(3) The gigajoules of steam exported must be:
(a) measured consistently with the NGER (Measurement) Determination, including the principles in section 1.13 and reporting requirements under the NGER Regulations; and
(b) calculated as total steam exported for a reporting period; and
(c) unless in conflict with paragraph (a), measured consistently at the facility over time.
(4) The default emissions intensity is 0.0490 t CO2-e per gigajoule of steam.
Schedule 3—Prescribed (Fixed) Production Variables
Part 1—Preliminary
1 Purpose
This Schedule sets out prescribed (fixed) production variables
2 Structure
(1) Each Part of the Schedule sets out:
(a) one or more metrics, each of which is a prescribed (fixed) production variable; and
(b) the units relevant to those metrics; and
(c) the circumstances in which they are applicable to a facility.
(2) The default emissions intensity is specified in t CO2-e per unit of the production variable.
(3) A Part may also set out measurement requirements or procedures relevant to the application of the metrics.
(4) The emissions relevant to the development of each production variable and the calculation of its default emissions intensity are explained in the Safeguard Mechanism document.
3 Definitions
In this Schedule:
Saleable quality has the meaning given by section 4 of Schedule 2.
Part 2—Petroleum refining
4 Petroleum refinery feedstocks
(1) Kilolitres of the following substances that are used in carrying on the activity of petroleum refining at the facility in accordance with subsection (2):
(a) stabilised crude petroleum oil at 15 °C and 1 atmosphere; and
(b) condensate at 15 °C and 1 atmosphere; and
(c) tallow at 15 °C and 1 atmosphere; and
(d) vegetable oil at 15 °C and 1 atmosphere; and
(e) eligible petroleum feedstocks at 15 °C and 1 atmosphere.
(2) A substance mentioned in paragraphs (1)(a) to (e) is used in carrying on the activity of petroleum refining if the substance is, or is to be, refined:
(a) by 1 or both of the processes mentioned in paragraphs (3)(a) and (b); and
(b) into either of the following:
(i) 1 or more petroleum products mentioned in paragraphs (3)(c) and (d);
(ii) other by‑products that result from carrying on the petroleum refining activity.
(3) The metric in subsection (1) is applicable to a facility that conducts the activity of petroleum refining through the chemical and physical transformation of stabilised crude petroleum oil, which may be supplemented with 1 or more of condensate, tallow, vegetable oil, eligible petroleum feedstocks or other petroleum feedstocks, to produce a range of refined petroleum products through the following processes:
(a) the distillation of stabilised crude petroleum oil, condensate, tallow, vegetable oil and other petroleum feedstocks;
(b) the adjustment of the molecular weight and structure of hydrocarbons (such as that which occurs through catalytic or hydro‑cracking, steam or catalytic reforming, polymerisation, isomerisation or alkylation);
(c) the blending of products from distillation and adjustment of molecular weight and structure to produce Australian and international standard diesel, jet fuel and unleaded petrol;
(d) the production of 2 or more of the following refinery products saleable in Australian or international markets:
(i) hydrogen;
(ii) ethane;
(iii) propane;
(iv) refinery grade propylene;
(v) polymer grade propylene;
(vi) liquefied petroleum gas;
(vii) butane;
(viii) naphtha;
(ix) aviation gasoline;
(x) before oxygenate blend;
(xi) kerosene;
(xii) heating oil;
(xiii) solvents;
(xiv) lubricant base stocks;
(xv) leaded petrol;
(xvi) waxes;
(xvii) bitumen.
. (4) However, the metric in subsection (1) is not applicable to a facility unless:
(a) each of the processes mentioned in paragraphs (1)(a) to (d) are conducted within the year at the facility; and
(b) the combined volume of diesel, jet fuel, unleaded petrol, lubricant base stocks and bitumen at 15°C and 1 atmosphere produced from stabilised crude petroleum oil, condensate, tallow, vegetable oil and eligible petroleum feedstocks is equal to or greater than 75% of the total kilolitres of stabilised crude petroleum oil, condensate, tallow, vegetable oil and eligible petroleum feedstocks used in the year at the facility.
. (5) The activity in subsection (3) is the petroleum refining activity.
(6) The default emissions intensity is 0.138 t CO2-e per kilolitre of the substances mentioned in paragraphs (1)(a) to (e).
(7) In this section:
condensate has the same meaning as in the Excise Act 1901.
eligible petroleum feedstocks means any 1 or more of the following that were not produced through the conduct of the petroleum refining activity carried on at another facility in Australia:
(a) catalytic cracker feedstocks that are processed in the catalytic cracker in carrying on the petroleum refining activity and have a density of 0.84 to 0.98 kg/L at 15 °C and 1 atmosphere;
(b) hydro‑cracker unit feedstocks that are processed in the hydro‑cracking unit in carrying on the petroleum refining activity and have a density of 0.84 to 0.98 kg/L at 15 °C and 1 atmosphere;
(c) reformer unit feedstocks that are used to produce reformate in carrying on the petroleum refining activity and have a density of 0.6 to 0.80 kg/L at 15 °C and 1 atmosphere;
(d) alkylation unit feedstocks that are used to produce alkylate in carrying on the petroleum refining activity and have a density of 0.55 to 0.62 kg/L at 15 °C and 1 atmosphere;
(e) bitumen feedstocks that are used to produce bitumen in carrying on the petroleum refining activity and have a density greater than or equal to 0.95 kg/L at 15 °C and 1 atmosphere;
(f) lubricant base stock feedstocks that are used to produce lubricant base stocks in carrying on the petroleum refining activity and have a density of 0.84 to 0.98 kg/L at 15 °C and 1 atmosphere.
stabilised crude petroleum oil has the meaning given in the Australian Taxation Office Interpretative Decision, ATO ID 2008/154, published on 18 November 2008.
Note: In 2020, the decision could be accessed from petrol means all grades of unleaded petrol meeting Australian or international standards, including standard unleaded petrol, premium unleaded petrol and other proprietary forms of unleaded petrol.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
o = order(s) ad = added or inserted Ord = Ordinance am = amended orig = original amdt = amendment par = paragraph(s)/subparagraph(s) c = clause(s) /sub‑subparagraph(s) C[x] = Compilation No. x pres = present Ch = Chapter(s) prev = previous def = definition(s) (prev…) = previously Dict = Dictionary Pt = Part(s) disallowed = disallowed by Parliament r = regulation(s)/rule(s) Div = Division(s) exp = expires/expired or ceases/ceased to have reloc = relocated effect renum = renumbered F = Federal Register of Legislation rep = repealed gaz = gazette rs = repealed and substituted LA = Legislation Act 2003 s = section(s)/subsection(s) LIA = Legislative Instruments Act 2003 Sch = Schedule(s) (md) = misdescribed amendment can be given Sdiv = Subdivision(s) effect SLI = Select Legislative Instrument (md not incorp) = misdescribed amendment SR = Statutory Rules cannot be given effect Sub‑Ch = Sub‑Chapter(s) mod = modified/modification SubPt = Subpart(s) No. = Number(s) underlining = whole or part not commenced or to be commenced Endnote 3—Legislation history
Name Registration Commencement Application, saving and transitional provisions National Greenhouse and Energy Reporting (Safeguard Mechanism) Rule 2015 8 October 2015 (F2015L01637) 1 July 2016 (s 2) National Greenhouse and Energy Reporting (Safeguard Mechanism) Amendment Rule (No. 1) 2019 6 March 2019
(F2019L00258)
7 March 2019 (s 2) ss 79 and 80 of the National Greenhouse and Energy Reporting (Safeguard Mechanism) Rule 2015 National Greenhouse and Energy Reporting (Safeguard Mechanism) Amendment Rule (No. 2) 2019 25 September 2019
(F2019L01259)
26 September 2019 (s 2) National Greenhouse and Energy Reporting (Safeguard Mechanism) Amendment (Prescribed Production Variables) Rule 2020 3 March 2020
(F2020L00210)
4 March 2020 (s 2) National Greenhouse and Energy Reporting (Safeguard Mechanism) Amendment (Extended Transition) Rule 2020 11 May 2020
(F2020L00566)
12 May 2020 (s 2) s 81 of the National Greenhouse and Energy Reporting (Safeguard Mechanism) Rule 2015 National Greenhouse and Energy Reporting (Safeguard Mechanism) Amendment (Additional Prescribed Production Variables) Rule 2020 1 October 2020
(F2020L01275)
Sch 1: 2 October 2020 (s 2)
Sch 2: 3 October 2020 (s 2)
ss 82, 83 and 84 of the National Greenhouse and Energy Reporting (Safeguard Mechanism) Rule 2015 National Greenhouse and Energy Reporting (Safeguard Mechanism) Amendment (Prescribed Production Variables Update) Rule 2021 16 July 2021
(F2021L00991)
17 July 2021 (s 2) ss 85 and 86 of the National Greenhouse and Energy Reporting (Safeguard Mechanism) Rule 2015 National Greenhouse and Energy Reporting (Safeguard Mechanism) Amendment (Landfill Gas Capture) Rule 2021 1 October 2021
(F2021L01383)
2 October 2021 (s 2) Endnote 4—Amendment history
Provision affected How affected Part 1 s 2 rep LA s 48D s 4 am F2019L00258, am F2020L00210, am F2020L00566, am F2020L01275 , am F2021L00991, am F2021L01383 s 5 am F2019L00258 s 6 am F2019L00258, am F2020L00210 Part 2 Division 1 s 7 am F2020L01275 Divisions 2 s 13 am F2019L00258 s 14 am F2019L00258, am F2020L00566 s 18 am F2019L00258, am F2020L00566 s 20 am F2019L00258 s 22 am F2019L00258, am F2019L01259 s 23 am F2019L00258, am F2020L00566 s 24 am F2019L00258 s 25 am F2019L00258, am F2020L00210 s 26A ad F2019L00258, am F2019L01259, am F2020L00566 s 27 am F2019L00258, am F2020L00566 s 28 am F2019L00258 s 30 am F2019L00258, am F2020L00566 s 31 am F2019L00258, am F2020L00566 s 33 am F2020L00566 s 34 am F2019L00258, am F2020L00566 s 35 am F2019L00258 s 36 am F2019L00258 s 38 am F2019L00258 s 38 am F2019L00258 s 39 am F2019L00258 s 40 am F2019L00258, am F2019L01259 s 41 rs F2019L00258 s 42 am F2019L00258 s 44 am F2019L00258, am F2021L00991 s 46 am F2019L00258 s 47 am F2019L00258 s 48 am F2019L00258 s 49 am F2019L00258 s 51 am F2019L00258 s 52 am F2019L00258 s 54 am F2019L00258, am F2021L01383 s 55 am F2019L00258 s 56 am F2020L01275 s 56A ad F2019L00258 s 56B ad F2019L00258 s 56C ad F2019L00258 s 58 am F2019L00258 Part 4 Division 2 s 65 am F2019L00258 s 67 am F2019L00258 s 68 am F2020L00566 Division 3 s 71 am F2019L00258 s 72 am F2019L00258 Division 4 s 72A ad F2021L00991 Part 6 ad F2019L00258 Division 1 ad F2019L00258 s 79 ad F2019L00258 s 80 ad F2019L00258 Division 2 ad F2020L00566 s 81 ad F2020L00566 Division 3 s 82 ad F2020L01275 s 83 ad F2020L01275 s 84 ad F2020L01275 Division 4 s 85 ad F2021L00991 s 86 ad F2021L00991 Schedule 1 s 1 am F2019L00258, am F2021L01383 Schedule 2 ad F2019L00258, rs F2020L00210 s 1 ad F2019L00258, rs F2020L00210 s 2 am F2020L01275 s 3 am F2020L01275 s 7 am F2020L01275 s 9 am F2020L01275 s 10 am F2020L01275 s 12 am F2020L01275 s 13 am F2020L01275, am F2021L00991 s 15 am F2021L00991 s 16 am F2020L01275 s 17 am F2020L01275 s 18 am F2020L01275 s 20 am F2020L01275 s 22 am F2020L01275 , am F2020L01275 s 24 am F2020L01275 s 28 am F2021L00991 s 32 am F2021L00991 s 47A ad F2021L00991 s 49 am F2020L01275 s 50 am F2020L01275 s 51 am F2020L01275 s 52 am F2020L01275 s 53A ad F2020L01275 s 54A ad F2020L01275 s 54B ad F2020L01275 s 54C ad F2020L01275 s 54D ad F2020L01275 s 55 am F2020L01275 s 55A ad F2020L01275 ; am F2020L01275 s 56 am F2020L01275 s 57 am F2020L01275 s 58 ad F2020L01275 ; am F2020L01275 s 59 ad F2020L01275 s 60 ad F2020L01275 ; am F2020L01275 s 61 ad F2021L00991 s 62 ad F2020L01275 s 63 ad F2020L01275 s 64 ad F2020L01275 s 65 ad F2020L01275 s 66 ad F2020L01275 s 67 ad F2020L01275 s 68 ad F2020L01275 s 69 ad F2020L01275 s 70 ad F2020L01275 s 71 ad F2020L01275 s 72 ad F2020L01275 s 73 ad F2020L01275 s 74 ad F2020L01275 s 75 ad F2020L01275 s 76 ad F2020L01275 s 77 ad F2020L01275 s 78 ad F2020L01275 s 79 ad F2020L01275 s 80 ad F2020L01275 s 81 ad F2020L01275, am F2021L00991 s 82 ad F2020L01275. am F2021L00991 s 83 ad F2020L01275, F2021L00991 s 84 ad F2020L01275, F2021L00991 s 85 ad F2020L01275, F2021L00991 s 86 ad F2021L00991 s 87 ad F2021L00991 s 88 ad F2021L00991 s 89 ad F2021L00991 s 90 ad F2021L00991 s 91 ad F2021L00991 s 92 ad F2021L00991 s 93 ad F2021L00991 s 94 ad F2021L00991 s 95 ad F2021L00991 s 96 ad F2021L00991 Schedule 3 ad F2019L00258, rs F2020L00210 s 1 ad F2019L00258, rs F2020L00210 s 4 am F2020L01275
0
0
0