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National Greenhouse and Energy Reporting Amendment (2020 Measures No. 1) Regulations 2020

National Greenhouse and Energy Reporting Amendment (2020 Measures No. 1) Regulations 2020

Administered by Department of Industry, Science and Resources

Legislation au F2020L00828 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Issued by authority of the Minister for Energy and Emissions Reduction

National Greenhouse and Energy Reporting Act 2007

National Greenhouse and Energy Reporting Amendment (2020 Measures No.1) Regulations 2020

Background

The National Greenhouse and Energy Reporting Act 2007 (the Act) provides a framework for the reporting of greenhouse gas emissions, energy production and consumption and other information in Australia. Section 77 of the Act provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act. The National Greenhouse and Energy Reporting Regulations 2008 (the Regulations) have previously been made under this section.

Purpose and Operation

The purpose of the National Greenhouse and Energy Reporting Amendment (2020 Measures No. 1) Regulations 2020 (the amending Regulations) is to:

Update the Global Warming Potentials (GWPs) in NGER Regulation 2.02, which are used to convert emissions values of non-carbon dioxide gases into carbon dioxide equivalent values, in order to align the NGER scheme with the Australian Government’s implementation of the United Nations Framework Convention on Climate Change Paris Agreement; and
Update the list of matters to be identified in reports under Part 2 of Schedule 3 of the NGER Regulations (Oil or gas) in order to support the preparation of the National Greenhouse Accounts.

Details of the amending Regulations are outlined in Attachment A.

A statement of the amending Regulations’ compatibility with human rights is set out in Attachment B.

Consultation

The substance of the amendments made by the proposed Regulations was released for public consultation from 29 May to 10 June 2020. Five submissions were received. Amendments made by items 3 to 8 below (Update to matters to be identified in reports under Part 2 of Schedule 3 (Oil or gas)) were streamlined following consideration of a submission from the Australian Petroleum Production & Exploration Association (APPEA).

Regulatory Impact

The regulatory impacts of these amendments have been assessed as minor and not requiring a Regulation Impact Statement by the Office of Best Practice Regulation (ref 26344).

ATTACHMENT A

Details of the National Greenhouse and Energy Reporting Amendment (2020 Measures No. 1) Regulations 2020

Section 1—Name

Section 1 provides that the title of the amending Regulations is the National Greenhouse and Energy Reporting Amendment (2020 Measures No. 1) Regulations 2020.

Section 2—Commencement

Section 2 provides that the amending Regulations commence on 1 July 2020.

Section 3—Authority

Section 3 provides that the amending Regulations are made under the National Greenhouse and Energy Reporting Act 2007. The power to make regulations under section 77 of the NGER Act includes the power to amend or revoke regulations that have already been made, with any doubt about this resolved by subsection 33(3) of the Acts Interpretation Act 1901.

Section 4—Schedules

Section 4 provides that each instrument that is specified in a Schedule to the amending Regulations is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to the amending Regulations has effect according to its terms.

Schedule 1—Amendments

Part 1—Main amendments

Update to Global Warming Potentials

Items 1 and 2 update the Global Warming Potential (GWP) values listed in NGER Regulation 2.02, which are used to convert non-carbon dioxide gases into carbon dioxide equivalent values, to align with the Fifth Assessment Report of the Intergovernmental Panel on Climate Change (IPCC AR5) in accordance with the Australian Government’s implementation of the United Nations Framework Convention on Climate Change Paris Agreement.

Update to matters to be identified in reports under Part 2 of Schedule 3 (Oil or gas)

Items 3 to 8 update the list of matters to be identified in reports under Part 2 of Schedule 3 of the NGER Regulations (Oil or gas) in order to support the preparation of the National Greenhouse Accounts.

Item 4 updates the matters for source 1—oil and gas exploration to collect more detail in relation to well completions and well workovers.
Items 5 and 6 updates matters for source 5—natural gas production and processing (other than venting or flaring) in relation to wells, throughput, pipeline length and produced water.
Item 8 updates matters in source 9—natural gas production and processing—venting to collect itemised information on venting.
Items 3 and 7 ensure all available methods report this information for sources 1 and 9.

Terms relating to the oil and gas industry are intended to be interpreted consistently with their accepted meaning in the oil and gas industry and the usage of those terms in the National Greenhouse and Energy Reporting (Measurement) Determination 2008. In particular:

natural gas gathering and boosting means the activity to collect unprocessed natural gas or coal seam methane from gas wellheads and to compress, dehydrate, sweeten, or transport the gas through natural gas gathering and boosting pipelines to a natural gas processing station, a natural gas transmission pipeline or natural gas distribution pipeline.
natural gas gathering and boosting pipeline means a pipeline for the conveyance of gas that:
- contains unprocessed natural gas or coal seam methane; and
- pertains to the activity of natural gas gathering and boosting.
natural gas gathering and boosting station means one or more pieces of plant and equipment used in natural gas gathering and boosting at a single location that operate as a unit in the natural gas gathering and boosting activity. The plant and equipment may include any of the following:
- compressors;
- generators;
- dehydrators;
- storage vessels;
- acid gas removal units;
- engines;
- boilers;
- heaters;
- flares;
- separation and processing equipment;
- associated storage or measurement vessels;
- equipment on, or associated with, an enhanced oil recovery well pad using CO2 or gas injection.
natural gas processing station means the plant and equipment used in the natural gas processing in a single location, and includes:
- liquids recovery plant and equipment where the separation of natural gas liquids or non-methane gases from unprocessed natural gas or coal seam methane occurs; and
- liquids recovery plant and equipment where the separation of natural gas liquids into one or more component mixtures occur; and
- gas separation trains where the removal of acidic gases from unprocessed natural gas or coal seam methane occurs.
produced water means the water that is either:
- pumped from coal seams or unprocessed gas reservoirs during onshore or offshore natural gas production or natural gas gathering and boosting; or
- pumped from wells during crude oil production or oil and gas exploration and development.

Part 2—Application provisions

Item 9 provides that the proposed Regulations apply to reports submitted under Part 3, 3E, 3F or 3G of the Act for the financial year beginning on 1 July 2020, and later financial years. Reports for the financial year starting 1 July 2020 are due by 31 October 2021. Reports for the financial year starting on 1 July 2019 are not impacted by these changes.

ATTACHMENT B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

National Greenhouse and Energy Reporting Amendment (2020 Measures No. 1) Regulations 2020

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The National Greenhouse and Energy Reporting Amendment (2020 Measures No. 1) Regulations 2020 (the amending Regulations) amends the National Greenhouse and Energy Reporting Regulations 2008 (the Regulations) to:

Update the Global Warming Potentials in regulation 2.02 of the Regulations, which are used to convert emissions values of non-carbon dioxide gases into carbon dioxide equivalent values, in order to align the NGER scheme with the Australian Government’s implementation of the United Nations Framework Convention on Climate Change Paris Agreement; and
Update the list of matters to be identified in reports under Part 2 of Schedule 3 of the Regulations (Oil or gas) in order to support the preparation of the National Greenhouse Accounts.

Human rights implications

This Legislative Instrument does not engage any of the applicable human rights or freedoms.

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

The Hon Angus Taylor MP
Minister for Energy and Emissions Reduction

Overview

The National Greenhouse and Energy Reporting Amendment (2020 Measures No. 1) Regulations 2020 were introduced to update the National Greenhouse and Energy Reporting Regulations 2008, which were made under the National Greenhouse and Energy Reporting Act 2007. These regulations were enacted by the Australian Parliament to provide a framework for the reporting of greenhouse gas emissions, energy production, and consumption in Australia. The purpose of the amending regulations is to update the Global Warming Potentials (GWPs) used to convert emissions values of non-carbon dioxide gases into carbon dioxide equivalent values, aligning the NGER scheme with the Australian Government’s implementation of the United Nations Framework Convention on Climate Change Paris Agreement. Additionally, the regulations update the list of matters to be identified in reports under Part 2 of Schedule 3 of the NGER Regulations (Oil or gas) to support the preparation of the National Greenhouse Accounts. The amendments were made under the authority of the Minister for Energy and Emissions Reduction and were assessed as having minor regulatory impacts.

Scope and Application

The National Greenhouse and Energy Reporting Amendment (2020 Measures No. 1) Regulations 2020 applies to entities that must submit reports under Part 3, 3E, 3F or 3G of the National Greenhouse and Energy Reporting Act 2007 for the financial year beginning on 1 July 2020 and later financial years. These entities are primarily in the energy sector, including electricity generators, large energy consumers, and certain oil and gas operations. The regulations do not affect reports for the financial year starting on 1 July 2019. The amendments primarily update Global Warming Potentials (GWPs) used to convert emissions values of non-carbon dioxide gases into carbon dioxide equivalent values, aligning the National Greenhouse and Energy Reporting (NGER) scheme with the Australian Government's implementation of the United Nations Framework Convention on Climate Change Paris Agreement. Additionally, the regulations update the list of matters to be identified in reports under Part 2 of Schedule 3 of the NGER Regulations, particularly for oil or gas sources, to support the preparation of the National Greenhouse Accounts. The regulations came into effect on 1 July 2020.

Key Provisions

The National Greenhouse and Energy Reporting Amendment (2020 Measures No. 1) Regulations 2020 (the amending Regulations) update specific sections of the National Greenhouse and Energy Reporting Regulations 2008 (the Regulations) to reflect the latest climate change science and reporting requirements. Section 1 names the amending Regulations, while Section 2 specifies that they commence on 1 July 2020. Section 3 identifies the authority under which these Regulations are made, based on the National Greenhouse and Energy Reporting Act 2007. Section 4 outlines the scope of the amendments, indicating that each instrument specified in the Schedules is amended or repealed accordingly. The main amendments are detailed in Schedule 1, Part 1. The amending Regulations primarily update the Global Warming Potentials (GWPs) in regulation 2.02 of the Regulations (Item 1 and Item 2), which are used to convert emissions values of non-carbon dioxide gases into carbon dioxide equivalent values. This update aligns the National Greenhouse and Energy Reporting (NGER) scheme with the Fifth Assessment Report of the Intergovernmental Panel on Climate Change (IPCC AR5) and the Australian Government’s implementation of the Paris Agreement. Furthermore, the Regulations update the list of matters to be identified in reports under Part 2 of Schedule 3 of the Regulations (Items 3 to 8). This update pertains specifically to oil and gas reporting, aiming to enhance the detail and accuracy of greenhouse gas emissions data by including more specific information on well completions, well workovers, wells, throughput, pipeline length, produced water, and venting. Entities subject to the National Greenhouse and Energy Reporting Act 2007 are required to adhere to these updated Regulations when submitting their greenhouse gas emissions reports. Specifically, they must ensure that their reports include the newly specified details for oil and gas emissions and use the updated GWP values for converting non-carbon dioxide gas emissions to carbon dioxide equivalents. These updates are necessary for compliance with the Act for financial years beginning on 1 July 2020 and subsequent years. Reports for the financial year starting on 1 July 2019 are not impacted by these changes, as indicated in Item 9 of the amending Regulations. The amending Regulations do not introduce new offences or penalties. However, entities that fail to comply with the updated reporting requirements may face the consequences outlined in the National Greenhouse and Energy Reporting Act 2007. These consequences can include civil penalties for non-compliance, which can amount to significant financial penalties, as well as potential enforcement actions by the Australian Government. While the amending Regulations themselves do not specify maximum penalties, the overarching Act provides for penalties that can be substantial, depending on the nature and severity of the non-compliance.

Area of Law: Climate Change Law; Environmental Law
Instrument: Regulation
Concepts: Commencement Provisions; Reporting & Disclosure Obligations; Regulatory Standards

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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