Between July and September 2016, the Clean Energy Regulator will make a reported baseline determination for eligible facilities under section 16 of the National Greenhouse and Energy Reporting (Safeguard Mechanism) Rule 2015 (Safeguard Rule).
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The Clean Energy Regulator must make a reported baseline determination for a facility that meets the criteria set out in paragraphs 14(1)(a) or 14(1)(b) of the Safeguard Rule:
In cases where the Clean Energy Regulator does not automatically make a reported baseline for a facility under the scenarios detailed above, the responsible emitter for the facility may request a reported baseline under paragraph 14(c) of the Safeguard Rule.
A responsible emitter for a facility may
request a reported emissions baseline for a facility, if the facility:
A responsible emitter must submit its request to receive a reported baseline determination by
31 July 2016.
A responsible emitter should decide whether it will apply for a calculated baseline for a facility, before requesting a reported baseline for the facility.
If the Clean Energy Regulator has received a responsible emitter’s request for a reported baseline, or if a reported baseline determination has already been made, the facility will not be eligible for a calculated baseline under the new facility criteria.
Based on the criteria above, the Clean Energy Regulator will determine a reported baseline for a facility as the highest level of scope 1 covered emissions for the facility over the five year period (2009-10 to 2013-14).
In making its reported baseline determination, the Clean Energy Regulator must:
In making a reported baseline determination the Clean Energy Regulator is also permitted to use any scope 1 covered emissions data as reported under NGER between 2009-10 and 2013-14. This includes NGER reports submitted by an entity other than the responsible emitter or the responsible emitter’s controlling corporation.
Under subsection 71 (4) of the Safeguard Rule, the Clean Energy Regulator may, at the request of the responsible emitter, provide the responsible emitter with any NGER reports relating to the facility in relation to the making or variation of a baseline determination.
The Clean Energy Regulator cannot provide reports under subsection 71 (4) of the Safeguard Rule until 1 July 2016.
Responsible emitters may make requests before this date. Once the safeguard mechanism has commenced, the Clean Energy Regulator can start providing reports. Responsible emitters that are waiting on reports in order to assess their proposed reported baselines will have 28 calendar days from the date the report is provided, in which to comment.
In May 2016, the Clean Energy Regulator will provide written advice to responsible emitters to:
In reviewing this advice, it is recommended that responsible emitters review the information provided by the Clean Energy Regulator and compare this with their own records. Responsible emitters may also request previous years’ NGER reports, which are relevant to the proposed reported baseline determination for the facility. Responsible emitters will have
28 days to respond from the date the Clean Energy Regulator issues its advice on a facility’s proposed reported baseline.
The Clean Energy Regulator will finalise reported baseline determinations by 1 September 2016 and provide written notice to responsible emitters of each facility’s final reported baseline determination in early September 2016.
The Clean Energy Regulator will also publish details of each reported baseline determination on its website in early September 2016. Published
safeguard mechanism information will include:
All final reported baselines will come into force on 1 July 2016, and will remain in place unless replaced by another baseline determination, such as a calculated baseline.
All responsible emitters that are not already registered under the
National Greenhouse and Reporting Act 2007 must apply for registration if the facility they have operational control over is a designated large facility (i.e. if, in a financial year starting 1 July 2016 or later, the facility gives rise to covered scope 1 emissions with a carbon dioxide equivalence of more than 100 000 tonnes). Applications for registration are due by 31 August following the year in which the person first becomes a responsible emitter for a designated large facility.
For example, if a controlling corporation has operational control over a designated large facility, it is the responsible emitter. As the controlling corporation is already registered under the NGER scheme it does not need to reapply.
However, if a group member of a registered controlling corporation is the responsible emitter, then the group member will be required to apply for registration in its own right.
register and deregister for more information about NGER registration requirements.
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