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Emissions-intensive trade-exposed entity compliance and enforcement priority expectations

11 November 2020

Contents

For the 2020 to 2021 compliance period the agency has issued a compliance and enforcement priority for emissions-intensive trade-exposed (EITE) entities.

Emissions-intensive and trade-exposed entities who provide inaccurate or incomplete exemption applications

Submission of complete and accurate applications in line with the electricity use method will reduce regulatory burden and ensure that entities only receive the level of exemption that they are entitled to.

You may be thinking:

  • Our organisation always gets an exemption, will we get one again in 2021?
  • What does that mean for exemption certificate applications, change of liable entity or multiple liable entities applications and notify the regulator requests that we lodge?

To ensure you meet this compliance priority, we have developed a set of expectations. These expectations will help you maintain high application or request standards into the future.

Failure to meet these basic expectations can result in a refused application or request.

Understanding your obligations and rights

Understand your obligations when applying for an exemption certificate or requesting amendments under the Renewable Energy Target.

Ensure you understand what reviewable decisions are available to you. See section 66 of the Renewable Energy (Electricity) Act 2000 (the REE Act) and regulation 49 of the Renewable Energy (Electricity) Regulations 2001 (the Regulations) for details.

Managing your accounts

It is important to regularly review your Client Portal or REC Registry, if applicable, account and update details as needed.

All users must keep their contact details current, particularly email addresses and phone numbers.

For the Client Portal, you should nominate more than one Organisation Administrator for your company. Anyone with this role can add or remove users and their permissions. To nominate Organisation Administrators, an authorised person in the company must submit a Notify the Regulator form in the Client Portal.

For the REC Registry, you should nominate more than one Account Administrator for your company. Anyone with this role can manage the account (including users). See resources for guidance on managing your REC Registry account.

Communicate with your retailer (liable entity)

Demonstrate a good working relationship with your retailer (liable entity) by talking to them. This means your retailer is unlikely to contact us about your exemption certificate application, request or data.

Topics you can discuss with your retailer:

  • Confirm if you provided permission for your retailer to access exemption certificate documents in the Client Portal.
  • Determine whether your retailer has a Client Portal account. For clarity if you provide permission for them to access EITE documents in the Client Portal they need an account with the correct permissions and roles.
  • Inform your retailer what you need to do to successfully receive an exemption certificate letter and notice of certifiable amount letter, annually.
  • Ask your retailer why they need and how they use your exemption certificate documents.
  • Inform the retailer of any change of site ownership or corporate structure during the application year.

Consistency

Ensure information that supports your application or request is consistently provided throughout the application or request.

For example, make sure your company name and Australian Business Number (ABN) is the same in every document and the application or request. Likewise, in your retailer documents.

Currency

Ensure your application or request uses current information. This applies to the application or request and supporting documents.

Apply by the deadline

Exemption certificate application and change of liable entity or multiple liable entities application forms must be lodged by the legislated deadlines.

No extensions apply.

See Key dates for further details.

Lodge a form, request or correspondence

All forms, requests or correspondence must be lodged through the Client Portal.

The Client Portal provides a way for you to lodge an:

  • exemption certificate application form
  • change of liable entity or multiple liable entities form
  • notify the regulator form – use this form to contact us about:
    • an exemption certificate amendment
    • to request clarity about an assessment
    • to notify us of a change that affects the exemption certificate
    • to notify us if the site or activity ceases
    • any other issue like adding roles to Client Portal user accounts.

Prescribed person

You must apply using the correct prescribed person category.

Supporting documents

You must provide supporting documents annually with your exemption certificate application or change of liable entity or multiple liable entities application.

Provide supporting documents that are clear, concise and annotated. This includes your basis of preparation document, electricity contacts, prescribed person letters, audit reports, maps, charts and electrical diagrams that are annotated and marked up with information that matches the written information provided (e.g. meter identities and locations as referred to in the use amount formula).

This is a requirement under Division 4 – Applications for exemption certificates of the Regulations. This includes:

  • any supporting information for your category of prescribed person under Subdivision A – Who may apply – prescribed persons
  • any supporting information to be included in exemption certificate applications under Subdivision B – Information to be included in applications under subsection 46(1) of the REE Act
  • audit reports under Subdivision BB – Reports to accompany certain applications for exemption amounts to be worked out under Division 5A (electricity use method) of the Regulations.

Audit reports

Applicants must decide whether they need to attach an audit report to their exemption certificate application or not. Regardless of this decision if your application:

  • has an audit report attached you need to consider if you will need another audit report in 3 years’ time. The same rules apply as to when you first applied for an exemption certificate under the electricity use method
  • does not have an audit report attached because you expect the certifiable amount to not exceed 15,000 megawatt hours (MWh). If you exceed 15,000 MWh during the year; you will be required to provide an audit report within 12 weeks of exceeding the amount.

Activity groups

We expect you to make one application for an activity group, instead of making several applications for each activity group site. This makes it easier and quicker to lodge and process.

We acknowledge that the Client Portal exemption certificate form does not work this way, but we will accept the application assuming all supporting documents and information is provided.

To successfully apply you must:

  • use your primary intermediate product site for the application and list other intermediate product sites as an attachment to the application
  • create a use amount formula that includes use amount formulas for intermediate product sites related to the activity group
  • comply with the activity group definition for
    • other EITE activities – you must meet subregulation 22A(7), 22A(9), 22B(2) of the Regulations
    • petroleum refining – you must meet subregulation 22A(7), 22A(9), 22B(1) of the Regulations.

Onsite generators

You must report your onsite generators, if you have any, in your exemption certificate application form. This is a requirement under subregulation 22O (2) of the Regulations.

Things you should consider if you have onsite generation:

  • Does the electricity generated from an onsite generator give rise to a relevant acquisition?
    • Who is the liable entity? If you are the liable entity; is the electricity consumed from the onsite generator considered to be exempt from liability?
  • Does the electricity consumed from the onsite generator have a material effect on the production of your relevant product?
    • If so, how will you include it?
    • If no, we assume the onsite generator is used as an emergency backup. If it is a backup you should not include it in your use amount formula. If you run it through the year to produce your relevant product then you must request an amendment to your use amount formula to include it, however if you run it for maintenance purposes we are not interested in it.

Use amount formula

Remember the use amount formula:

  • must be a true representation of your EITE activity boundary
  • must account for any electricity that gives rise to a relevant acquisition
  • must be used to calculate your certifiable amount
  • may not change from year to year depending on improvements you make to the emissions-intensive trade-exposed activity site.

Therefore, keep your use amount formula simple and easy for others to reference. This allows anyone in your organisation to provide relevant electricity data from year to year in the Client Portal using the exemption determination tool.

We can change your use amount formula if we think your formula is not a true representation of your EITE activity.

Certifiable amount

The certifiable amount is calculated using your use amount formula after your application year ends. To determine the certifiable amount, you must provide real time data or equivalent as soon as practicably possible in the Client Portal.

If you provide data before 14 January and no errors are found, your certifiable amount can be issued by the agency before liable entities report on 14 February or next business day.

We assess submissions from the date they were received and may ask for evidence regarding your data, so it is important to keep good records.


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