Under the Emissions Reduction Fund, you can enter into a contractual arrangement to sell Kyoto Australian carbon credit units (ACCUs) to the government if you are successful at an Emissions Reduction Fund auction. This is referred to as a carbon abatement contract (a contract).
When you enter into a contract, you are entering into a commercial arrangement with the Clean Energy Regulator on behalf of the Commonwealth of Australia, including rights and obligations enforceable through the courts—similar to other contractual arrangements entered into between parties. You are advised to seek your own legal advice about the contract before participating in an Emissions Reduction Fund auction.
Two types of contract are available, Fixed Delivery and Optional Delivery.
By entering into a Fixed Delivery contract (previously referred to as a standard contract), you are agreeing to provide a set number of ACCUs at a set price for the duration of the contract. The number of ACCUs you agree to provide is called the ‘agreed quantity’, and you can schedule these to be delivered across the duration of the contract. A contract begins when the Clean Energy Regulator notifies you that your auction bid was successful and ends when the final delivery of ACCUs has occurred and all payments have been made.
Each contract is tied to at least one Emissions Reduction Fund project, however each project can only be the subject of one contract at any one time. Once you have fulfilled your contractual obligations for one project, you may bring forward the same project to another auction for a further Fixed Delivery contract.
It is up to you to ensure you can deliver the agreed quantity of ACCUs in accordance with the delivery schedule you have provided. When planning the agreed quantity and delivery schedule you should ensure that:
If your project cannot deliver the agreed quantity of ACCUs, you may source the difference from other projects you run or from the secondary market.
The Fixed Delivery contract also contains make good provisions where contractual obligations are not met.
An Optional Delivery contract provides the right, but not the obligation, to sell carbon abatement to the Commonwealth at an agreed price, within a set time. It allows contract holders to better manage their price and supply risks with a view to encouraging more carbon abatement projects as a result. Optional Delivery contracts may be used in negotiations with lenders or other parties to demonstrate what the Commonwealth will pay for abatement from a specified project, with no contractual barrier to seeking more lucrative contracts from other buyers.
The process to secure an Optional Delivery contract is the same as that for a Fixed Delivery contract. You should read the documentasset:Auction Guidelines in full before applying to participate in any auction.
The Optional Delivery contract has the following key features:
Optional Delivery contracts are restricted to a single contract for method families that permit the incremental addition of sites and activities to an ERF project, such as energy sector and beef herd management method families.
To mitigate the risk that sites would only be added to projects associated with the highest value contract:
During the contract period, the Seller is able to register other new projects in the related method family with a view to selling the resulting ACCUs to a third party.
Please refer to the documentasset:Auction Guidelines for further information or contact the Clean Energy Regulator.
A delivery schedule sets out the quantity of Kyoto Australian carbon credit units (ACCUs) that you will agree to deliver under a Fixed Delivery contract, or choose to deliver under an Optional Delivery contract, and on what dates you will deliver them within the contracts’ delivery period (the contract term).
To help you establish a contract delivery schedule, the Clean Energy Regulator has developed an interactive contract delivery schedule calculator. The calculator provides an indication of optimal management of key project timeframes, and helps you consider whether your allocated time for some project processes is achievable.
The results from the calculator should not be considered as assurance that your project will meet delivery milestones as required under contractual obligations and it is up to you to ensure you can deliver the agreed quantity of ACCUs in accordance with the delivery schedule agreed with the Clean Energy Regulator.
When planning the agreed quantity and delivery schedule you should ensure that:
If your project cannot deliver the agreed quantity for a Fixed Delivery contract, you are required to source the difference from other projects you run or from the secondary market.
The Code of Common Terms for each of the contract types sets out the rights and obligations of the parties under the relevant contract. It is non-negotiable, and all participants for each auction must agree to the same terms.
You must agree to the relevant Code of Common Terms when qualifying to participate in an auction.
This code of common terms differs from those in force for projects contracted at previous auctions. Refer to Auction results for the version in force for each auction.
The commercial terms set out details about who you are, and the project(s) that you are bringing forward to the auction. The commercial terms also include any conditions precedent that must be met before abatement can be delivered through the contract.
Note, Optional Delivery contracts cannot be subject to any conditions precedent.
The information to support the commercial terms must be provided when qualifying to participate in an auction.
The delivery terms set out when and how many ACCUs you will deliver, and the term (in years) of your contract. Delivery terms must be provided when registering to participate in an auction.
Should you not deliver in accordance with the Scheduled Delivery milestones for an Optional Delivery contract, the right to deliver ACCUs against outstanding milestones will lapse.
The financial terms set out the price per ACCU you will be paid for delivering abatement under contract. The price paid per ACCU is determined through the auction bidding process.
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