Notice of the Clean Energy Regulator Emissions Reduction Fund overlap assessment program

Overview

The Clean Energy Regulator Emissions Reduction Fund overlap assessment program is a legislative initiative aimed at ensuring compliance with energy efficiency and carbon crediting schemes across various Australian states and territories. Enacted in 2017, this program is designed to address the problem of potential overlaps and discrepancies in the administration and reporting of energy efficiency activities under different schemes. The program involves the Clean Energy Regulator collaborating with state-based energy efficiency scheme administrators, including the Independent Pricing and Regulatory Tribunal for New South Wales, the Essential Services Commission for Victoria and South Australia, and the ACT Environment, Planning and Sustainable Development Directorate for the ACT. By collecting and electronically matching data from these agencies with its own data, the Clean Energy Regulator seeks to enforce the government program requirement under the Carbon Credits (Carbon Farming Initiative) Act 2011 and ensure participants meet their obligations under the relevant legislation and rules. The Clean Energy Regulator adheres to privacy standards set by the Office of the Australian Information Commissioner to protect individuals' privacy during data matching activities.

Scope and Application

The Clean Energy Regulator Emissions Reduction Fund overlap assessment program applies to participants in state-based energy efficiency schemes managed by specific entities, including the Independent Pricing and Regulatory Tribunal for the New South Wales Energy Saving Scheme, the Essential Services Commission for the Victorian Energy Efficiency Target, the Essential Services Commission for the South Australian Retailer Energy Efficiency Scheme, and the ACT Environment, Planning and Sustainable Development Directorate for the ACT Energy Efficiency Improvement Scheme. These entities are responsible for crediting energy efficiency and fuel switching activities that are equivalent or similar to those under the Emissions Reduction Fund. The program operates on a national scale, involving multiple states and territories, and aims to ensure compliance with the obligations under the Carbon Credits (Carbon Farming Initiative) Act 2011 and the Carbon Credits (Carbon Farming Initiative) Rule 2015. The Clean Energy Regulator collects detailed information about the participants in these schemes and the activities they undertake to match against the data obtained under the CFI Act and CFI Rule, thereby administering the government program requirement and identifying participants that may not be meeting their obligations. The Clean Energy Regulator adheres to the Office of the Australian Information Commissioner’s Guidelines on Data Matching to protect the privacy of individuals involved in these schemes.

Key Provisions

The Clean Energy Regulator, as described in the notice, has established a program called the Emissions Reduction Fund overlap assessment program (C2017G00564). This program is designed to collect and analyse data from four state and territory energy efficiency schemes: the New South Wales Energy Saving Scheme administered by the Independent Pricing and Regulatory Tribunal, the Victorian Energy Efficiency Target administered by the Essential Services Commission, the South Australian Retailer Energy Efficiency Scheme also overseen by the Essential Services Commission, and the ACT Energy Efficiency Improvement Scheme managed by the ACT Environment, Planning and Sustainable Development Directorate. These agencies, along with the Clean Energy Regulator, are required under section 185 of the Carbon Credits (Carbon Farming Initiative) Act 2011 to provide details about participants in their respective schemes and the energy efficiency and fuel switching activities they undertake. This information will be used to ensure compliance with the CFI Act and the Carbon Credits (Carbon Farming Initiative) Rule 2015. The obligations imposed by the Act on the Clean Energy Regulator and the partner agencies are primarily data-related. The Clean Energy Regulator must request specific data sets from the state and territory agencies, including participant details and energy efficiency activities, to determine compliance with the CFI Act and CFI Rule. The partner agencies, in turn, are obligated to provide this data accurately and in a timely manner. Additionally, the Clean Energy Regulator must institute a program to electronically match this data with its own data to administer the government program requirement and identify any ERF scheme participants that may not be meeting their obligations under the CFI Act. Failure to comply with the requirements of the Emissions Reduction Fund overlap assessment program may lead to various civil or criminal consequences. While the notice does not specify maximum penalties for breach, it is implied that non-compliance could result in legal actions under the relevant Acts, including the Carbon Credits (Carbon Farming Initiative) Act 2011. The Clean Energy Regulator’s privacy policy, which is in compliance with the Office of the Australian Information Commissioner’s Guidelines on Data Matching in Australian Government Administration, ensures that any data matching process protects the privacy of individuals. A full copy of this policy can be accessed on the Clean Energy Regulator’s website. This policy is crucial in maintaining the integrity of the program and ensuring that the data collected is used responsibly and in accordance with privacy laws.