Documents providing a decision on the approval of the full or partial suppression of the publication of project details on the following projects:

• Blue-Leafed Mallee Project A (EOP100198)
• Carbon Estate – Creating a Better Climate (EOP100254)
• Carbon Estate – Creating a Better Climate Project – Stage 2 (EOP100985)
• Icon Water Reforestation Project (EOP100252)
• Newmont Australia Reforestation Project (EOP100200)
• Wannon Water Emissions Offset Project (EOP100586)
• Woodside Pluto Carbon Offset Project – Stage 1 (EOP100203)
• Woodside Pluto Carbon Offset Project – Stage 2 (EOP100654)
• Woodside Pluto Carbon Offset Project – Stage 3 (EOP10081)

Exclusions: location of the projects, requests for suppression of project areas, correspondence relating to the appointment of agents for the projects, personal information of third parties and junior officers, and publicly available information.

The Style Guide for the Clean Energy Regulator.

Emails and audit reports between the Land and Forest branch of the CER and any auditor(s) from the months of May and June in 2015, 2016, 2017 and 2018, limited to:

• Instances where the finding(s) resulted in a qualified audit opinion regarding the stratification of project areas into CEAs and exclusion areas under the 2013 HIR method; and
• Any direction that the CER provided to auditors on how they ought to deal with the stratification of project areas into CEAs and exclusion areas under the 2013 HIR method when conducting their assessments.

Exclusions: duplicates, personal information of third parties and junior officers, publicly available information, and information previously provided to ACF under FOI.

1. As referenced in estimates briefing SE17/95, any notes/minutes (including handwritten), briefs, or reports prepared for or generated by (a) the roundtable held in November or December 2017; and/or (b) the webinar held in January 2018 between auditors and the CER in relation to the HIR method.
2. In FOI 18_2019, document 22.5 relates to which NCAS dataset GHD ought to use to assess baseline forest cover when auditing an NFMR project. Within that context:
1. any records from June 2016 onwards regarding any monitoring or compliance action that the CER undertook to verify whether that particular project was eligible for the ACCUs it had been credited with when assessed against more recent NCAS datasets; and
2. any further correspondence between GHD and the CER following the email dated 15 June 2016 at 9.14 am, where it was asked: ‘... Are you able to provide any information if there was much difference between the layers? Such as the calculated amounts?’

All documents [dated 24 February 2020 to 17 May 2023] – including, but not limited to, meeting notes and agendas, recordings, memoranda, briefing notes, emails, texts and signal messages, handwritten notes, and any other correspondence – discussing fraud in coal quality testing, and/or referring to laboratory testing companies ALS and/or SGS.

Briefs/reports (including drafts), emails, letters and meeting notes/minutes from 1 September 2022 - 1 December 2022 written by, or sent/provided to, senior executives of the Clean Energy Regulator relating to how the Australian Academy of Science or the panellists conducting the Independent Review of Australian Carbon Credit Units would address the HIR method (including references to the suitability of using the FullCAM model to estimate carbon on sites with existing woody biomass/vegetation/forest cover) during their respective reviews and in the resulting reports published October 2022 and December 2022, respectively.

Briefs/reports (including drafts) and correspondence from 1 September 2022 - 1 December 2022 to/between senior executives of the DCCEEW; senior executives of the Clean Energy Regulator; panellists of the Independent Review of Australian Carbon Credits (‘ACCUs’); the Australian Academy of Science (‘the Academy’); and/or Minister Chris Bowen (as well as his staff):

• containing commentary, analysis or opinions about the submissions of the Wentworth Group of Concerned Scientists and/or the CSIRO to the Independent Review of ACCUs;
• containing commentary, analysis or opinions about the draft or final report/findings of the Academy’s review into four methods for generating ACCUs.

1. Records of communication/correspondence* from 1 September 2022 - 1 November 2022 inclusive relating to the two instances of contact between employees of the Clean Energy Regulator and submitters to the Independent Review of Australian Carbon Credit Units (‘ACCUs’), as referred to … at the estimates hearing of 28 November 2022 …; and
2. All records of communication/correspondence* from 20-30 November 2022 inclusive between any of the following in relation to the article published in the Guardian on 22 November 2022 titled ‘Flaws in Australia’s carbon credit schemes undermine transparency, new report finds’ or the letter dated 24 November 2022 from the Australian Academy of Science (‘the Academy’) to the panellists of the Independent Review ACCUs:
   1. senior executives of the Clean Energy Regulator …
   2. the Academy; and/or
   3. panellists of the Independent Review of ACCUs.

Information relating to the National Greenhouse and Energy Register (NGER) … requests access to a list of gas consumer facilities and their gas consumption within the Tamworth Regional Council area registered under the National Greenhouse and Energy Reporting Act 2007 (NGER Act). To clarify [the] request:

1. 'gas' refers to:
   • ‘Natural gas distributed in the pipeline’ (item 17 in Part 2 of Schedule 1 of NGER (Measurement) Determination)
   • Gaseous fossil fuels other than those mentioned in items 17 to 26 (item 27 in Part 2 of Schedule 1 of NGER (Measurement) Determination)
   • In the latest list published that can be extracted from regulators and exiting locational data including address, postcode and geocoordinates within the Tamworth Regional Council area
2. [the] request is limited to facilities the locations for which can be identified by reference to data held in the CER database (including postcode, street address and/or geocoordinates).

A copy of the Clean Energy Regulator finalised estimates briefing pack, including an index of back pocket briefs, for the 2023 February Supplementary Budget Estimates.

1. All draft reports prepared by Professor Rod Fensham for the Clean Energy Regulator on the impacts of grazing on tree and shrub cover in the rangelands in relation to the Emissions Reduction Fund's human-induced regeneration method.
2. All correspondence between the Clean Energy Regulator and the Department of Climate Change, Energy, the Environment and Water (DCCEEW) or the Minister for Climate Change and Energy (Minister) on the proposed makeup of the expert committee established to advise on the establishment of the nature repair market.

• Duplicates of any document captured within the scope of the request
• The mobile numbers or full email addresses of government officials, nor the names and contact details of government officials not in the Senior Executive Service or equivalent. I do ask that junior official’s position or titles be left unredacted, along with email domains that provide useful information as to the origin and destination of communication e.g. [redacted]@industry.gov.au

Created between 1 July 2020 and 5 July 2022:

• Records of meetings (including calendar invites, agendas, meeting minutes, hand written notes, Whatsapp messages) between the Clean Energy Regulator and BHP, GRACosway or GRA Partners about an Emissions Reduction Fund/Climate Solutions Fund methodology for Carbon Capture Use and Storage; and
• Emails between the Clean Energy Regulator and BHP, GRACosway or GRA Partners that discuss Carbon Capture Use and Storage, the Emissions Reduction Fund/Climate Solutions Fund and mineral carbonation.

Created between 1 July 2020 and 27 June 2022:

• Briefs created by the CER for Minister Taylor’s office that include more than one paragraph discussing an Emissions Reduction Fund/Climate Solutions Fund methodology for Carbon Capture Use and Storage.

Excluding:

• Cabinet material and any publicly available documents;
• Staff contact details, staff names below SES/Ministerial Chief of Staff, third party personal information; and
• duplicate documents so long as it remains clear where duplicates were attached to correspondence, and earlier emails in any complete email chain.

Information relating to the submission of the FY2020/21 NGER report for the Maules Creek facility:

• any report submitted under sections 19, 22G, 22X or 22XB of the NGER Act;
  
• any annual basis of preparation document;
  
• any information submitted to the CER by Whitehaven relating to the use of Method 2 to estimate fugitive emissions; and
  
• any correspondence between CER and Whitehaven regarding the use of Method 2 to estimate fugitive emissions in the period 1 January 2020 to 31 June 2022.
  

Grant partial access to four (4) documents. These documents are reports.

To obtain a copy of the documents please email cer-foicontactofficer@cer.gov.au.

Seeking access to the following documents:

• emissions data (i.e. Scope 1 and Scope 2 emissions data) from all Delta Electricity Pty Ltd facilities for the reporting periods 2017/18, 2018/19, 2019/20 and 2020/21
  
• emissions data (i.e. Scope 1 and Scope 2 emissions data) for the Chain Valley Colliery facility for the reporting periods 2018/19 and 2020/21
  
• any report submitted under sections 19, 22G, 22X or 22XB of the NGER Act for the Chain Valley Colliery facility for the reporting periods 2018/19 and 2020/21
  
• correspondence (e.g. emails, letters, notices) between CER and Delta Electricity Pty Ltd regarding the Chain Valley facility for the period 30 June 2021 to 25 July 2022
  
• internal CER correspondence (e.g. emails, briefing notes, file notes) regarding potential compliance issues with regard to NGER reporting from the Chain Valley Colliery facility for the period 30 June 2021 to 25 July 2022.
  

Grant access in full to four (4) documents, and partial access to 23. These documents are spreadsheets, reports, papers, emails, and a file note.

To obtain a copy of the documents please email cer-foicontactofficer@cer.gov.au.

Any emails, correspondence or reports relating to potential changes to fixed delivery contracts between February 15, 2022 and March 4, 2022.

Three (3) documents released in full, 50 documents released in part. These documents are email correspondence.

To obtain a copy of the documents please email cer-foicontactofficer@cer.gov.au.

All reports, or documents containing advice, commissioned by the Clean Energy Regulator and/or Emissions Reduction Assurance Committee from the Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES) or other third parties concerning:

• the inclusion of continuing plantation project activities in the Carbon Credits (Carbon Farming Initiative—Plantation Forestry) Methodology Determination 2022; and/or
• the likelihood of softwood and/or hardwood plantations being converted to non-forest land in the absence of government intervention, including through the Emissions Reduction Fund.

9 documents released in full with irrelevant information removed.

In relation to the reports contained in the documents, the results present a novel application of ABARES' Forest Resource Use Model (FoRUM). Through the review process, it was identified that issues with the data inputs and model constraints rendered the model results unreliable for the purposes required at the time. It has been confirmed the results presented in this report are no longer accurate. Work is continuing to refine the FoRUM constraints, data layers (including land values which is a crucial component of the conversion analysis), and economic theory that underpins the model.

To obtain a copy of the documents please email foi@cleanenergyregulator.gov.au.

1 July 2021 to 21 May 2022: Any notes from meetings between the CER and Chevron related to obtaining ACCUs or the cost of ACCUs - and briefs prepared in advance of or following any such meetings.

Any correspondence from Chevron about obtaining ACCUs or the cost of ACCUs.

Any correspondence from Chevron about non-compliance in Western Australia related to its Gorgon carbon capture and storage project

Any correspondence between the CER and the former industry, energy and emissions reduction minister Angus Taylor or his office about the Chevron non-compliance. Please include any requests for briefing from Taylor or his office, any written briefs that were provided and any handwritten notes from verbal briefings.

Any correspondence between the CER and the former industry, energy and emissions reduction minister Angus Taylor or his office about the cost of ACCUs. Please include any requests for briefing from Taylor or his office, any written briefs that were provided and any handwritten notes from verbal briefings.

Nine documents released in part relating to reports and correspondence about Australian Carbon Credit Units (ACCUs).

To obtain a copy of the document please email cer-foicontactofficer@cer.gov.au.

All reports, or documents containing advice, commissioned by the Clean Energy Regulator and/or Emissions Reduction Assurance Committee from third parties concerning the baselines used, or proposed to be used, under the Emissions Reduction Fund's landfill gas methods:

1. Carbon Credits (Carbon Farming Initiative - Landfill Gas) Methodology Determination 2015; and
2. Carbon Credits (Carbon Farming Initiative - Electricity Generation from Landfill Gas) Methodology Determination 2021.

One document released in part.

To obtain a copy of the documents please email cer-foicontactofficer@cer.gov.au.

1. Obtaining an SSL/TLS (Secure Socket Layer/Transport Layer Security) certificate for the website
2. Any documents pertaining to supporting/not supporting HTTPS encryption on the website

Seven documents released in part relating to reports and email correspondence.

To obtain a copy of the documents please email foi@cleanenergyregulator.gov.au.

Documents listed for full or partial release in the decision letter concerning FOI 27_2022

8 documents prepared for withdrawn Freedom of Information request FOI 27_2022

The Clean Energy Regulator previously committed to release relevant data that was used to inform the ERAC’s advice on the Landfill Gas (Generation) Method. The agency is putting into the public domain the assumptions about electricity and LGC prices that underpinned the updated analysis that ERAC considered in April 2021 and the information released under FOI.

Download Updated data on electricity and LGC prices

Download FOI 34_2022 Document Pack

Project: EOP100971

1. Actual total issuance of ACCU's till June 2021 on project (i) EOP100971
2. Copies of all offset reports till date
3. Copies of audit reports.
4. Copy of ACCU's contract

Project: ERF104443

1. Actual total issuance of ACCU's till June 2021 on project (ii) ERF104443
2. Copies of all offset reports till date
3. Copies of audit reports
4. Copy of ACCU's contract

1. fraud-risk assessment for purposes of s10(a) of the Rule, and
2. fraud/compliance audit implemented for purposes of s10(b/d) of the Rule.

• The four requests for information mentioned in your estimates briefing in February 2018 (SE 17/95) (regarding ACCU claims under regeneration methods).
• Internal briefs that discuss concerns about potential forward or over-crediting of HIR or NFMR methodology projects created since 2018.

FOI 17_2017​

20 June 2018

Access to information relating to the total number of solar PV systems installed by Jason Satchell, dates of the installations, and copy of inspection reports for any CER inspections undertaken with respect to installations done by Jason Satchell.

Data and inspection reports​

Some information is released in full and some in part. 

FOI 17_2017​

20 June 2018

Total number of inspections completed by Global Sustainable Energy Solutions (GSES) on behalf of the CER, average inspection fee GSES charged the CER per inspection, and names and CER Inspector ID numbers of CER-approved inspectors that are used by GSES in any inspection 

Data and some business information​

Some information is released in full and some refused. ​

Aggregate data about the amount of contracted carbon abatement per calendar year between 2015 and 2029

The agency released the following information to the applicant:

Contracted carbon abatement per calendar year (measured in Australian Carbon Credit Units)

The requested information was released in full.

1. Any document requesting that the Attorney General (AG) and or his department allow the Clean Energy Regulator access to metadata information within the past 5 years;
2. Any documents from the AG and or his department to allow the Clean Energy Regulator access to metadata information within the past five years;
3. Any briefings or internal documents in relation to the intended use of metadata information within the Clean Energy Regulator;
4. Any training documents (classified unrestricted or lower) or material used to train staff on procedures and guidelines when requesting metadata information;
5. The number of requests that have been made by the Clean Energy Regulator to telecommunications agencies (or the like) on behalf of the Clean Energy Regulator detailed per year;
6. Generic responses and or Frequently Asked Questions (FAQ) documents that are provided to clients (persons services are provided to) in relation to metadata access; and
7. Any further documents that will provide the reader of the above documents with a better understanding of the documents provided.

Contracted carbon abatement per calendar year (measured in Australian Carbon Credit Units)

Data as at 10 August 2017

• Documents relating to the agency's consideration and decision to apply for ongoing access to telecommunications data as per the Telecommunications (Interception and Access) Act 1979 (the Telecommunications Act);
• the date of each application made by the agency for access to telecommunications data under the Telecommunications Act;
• documents relating to how the agency deals with the privacy of data obtained through access to ongoing access to telecommunications data as per the Telecommunications Act, including how the data received is obtained, assessed, stored and ultimately destroyed;
• the number of documents containing data obtained by the agency through its ongoing access to telecommunication data; and
• the number of documents containing data obtained by the agency through its ongoing access to telecommunication data that the agency has determined are not likely to be required for a permitted purpose and therefore has destroyed, for the period of time from since the commencement of ongoing access to the data was granted until 17th March 2017.

Aggregate data about the amount of contracted carbon abatement per calendar year between 2015 and 2028

The agency released the following information to the applicant:

Contracted carbon abatement per calendar year (measured in Australian Carbon Credit Units)

The requested information was released in full.

Documents relating to air travel taken by current agency officials during the 2014/15 and 2015/16 financial years containing the following information:

To obtain a copy of the document, please send an email to the FOI Unit at foi@cleanenergyregulator.gov.au​. 

Access to information about the instalment date of a solar PV system at an address in NSW.​

Information about installation date.​​

The information is released in full.​

Certain documents relating to the agency’s use of, and access to, telecommunications data, including:

• documents about the agency’s intended use of telecommunications data
• documents since 2014 requesting that the Attorney-General allow the agency access to telecommunications data​
• internal agency procedures or guidelines on requesting telecommunications data, and
• documents revealing the number and type of requests made by the agency to telecommunications agencies for telecommunications data.

Nine documents, including briefing material, internal standard operating procedures, and agency correspondence. Some irrelevant material redacted, including the identifying information​ of agency officials.​​

To obtain a copy of the documents, please send an email to the FOI Unit at foi@cleanenergyregulato​r.gov.au.​

A copy of the agency’s Incoming Government Brief dated 19 July 2016.​

One document released in an edited form, with some material redacted because its disclosure would disclose matter in the nature of, or relating to, opinion, advice or recommendation obtained, prepared or recorded, or consultation or deliberation that has taken place, in the course of, or for the purposes of, the deliberative processes involved in the functions of the agency (s 47C); its disclosure would have a substantial adverse effect on the financial or property interests of the Commonwealth or an agency (s 47D) and/or disclosure would, or could reasonably be expected to, have a substantial adverse effect on the proper and efficient conduct of the operation of an agency (s 47E).​​

To obtain a copy of the documents, please send an email to the FOI Unit at foi@cleanenergyregulator.gov.au.​

Access to information related to a solar PV system installed at an address in Tasmania.

​A print out of relevant information from the REC Registry.

The information is released in full. To obtain a copy of the document, please send an email to the FOI Unit at foi@cleanenergyregulator.gov.au.

Information as to whether small-scale technology certificates were ‘claimed…and subsequently paid’ in relation to two installations of solar PV systems at particular addresses in New South Wales.

The agency released the following information to the applicant:​

The Renewable Energy (Electricity) Act 2000 entitles the owner of a solar PV system, or a person they assign that entitlement to, to create STCs in relation to the installation of the system. The Clean Energy Regulator registers STCs that are created if all eligibility requirements are met. Once an STC is registered, it is valid and may be traded.

While a number of STCs were created in relation to the installations referred to in your FOI request, the Clean Energy Regulator did not register any of those STCs.

The information is released in full.

A​ccess to information about the instalment date of a solar PV system at an address in NSW.

Information about installation date.​

The information is released in full.​

Access to information related to solar panels installed on a residential property in Melbourne.​

A print out of relevant information from the REC Registry​​

The information is released in full.

Access to an application made under section 25 of the NGER Act by Knauf Australia Pty Ltd.​

An application form.​

The information is released in full.​

Access to the following categories of information related to solar panels/systems installed by Eddy Aigbologa:

a. STC numbers or the identification number

b. The suburb where the panels/systems were installed

c. The State where the panels/systems were installed

d. Size of the system in KW

e. Date of installation

f. The total number of systems installed up to the date of the access request

g. ​The aggregate size of the systems in KW

A table listing the categories of information requested by the FOI applicant.

The information is released in full.​

Documents relating to recruitment process undertaken by the Clean Energy Regulator – CER 39/15 APS Level 6 – Regulatory Officer, specifically:​

One document setting out vacancy, promotion and engagement notices published on the Public Service Gazette.​

To obtain a copy of the document, please send an email to the FOI Unit at foi@cleanenergyregulator.gov.au.​

Ten other documents were released to the applicant, four of which were in full and six of which were in edited form. The information in these documents is not being ​made available on this disclosure log.

All documents since October 2014 relating to direct communications between officials of the Clean Energy Regulator, not including Dr Michael Sargent, and representatives of the following organisations and their affiliated entities:

• Glencore
• Peabody Energy
• Anglo American
• BHP Billiton
• The Minerals Council of Australia
• The Queensland Resources Council
• The New South Wales Minerals Council
• The Chamber of Minerals and Energy of Western Australia, and
• The World Coal Association

concerning the development of climate change policy, energy access/poverty and coal exports,
but excluding:

1. personal information of any individual
2. documents that may have been disseminated as part of community consultation processes, and
3. documents received by the Clean Energy Regulator from the Department of the Environment that are either:
• records or minutes of meetings conducted by the Department of the Environment, or
• papers received by the Department of the Environment from third parties and tabled at those meetings;
4. insofar as those documents do not relate to the Queensland Resources Council, the New South Wales Minerals Council and the Chamber of Minerals and Energy of Western Australia.

To obtain a copy of the documents, please send an email to the FOI Unit at foi@cleanenergyregulato​r.gov.au.​

1. documents containing summary statistics for auction prices in the first Emissions Reduction Fund auction, including but not limited to:
1. the range of successful, unsuccessful and/or all bids (i.e. the highest and lowest bids), and the average price of successful, unsuccessful and/or all bids
2. for the auction overall, by project category, by contract duration and/or by size of project;
2. documents containing summary information about the profile of emissions reductions (i.e. the annual total tonnes of carbon reduced) for successful, unsuccessful and/or all bids, and
3. documents relating to the Regulator's view that individual contract prices under the auction are 'commercial in confidence information'.

To obtain a copy of the documents, please send an email to the FOI Unit at foi@cleanenergyregulato​r.gov.au.​

1. any document that records the occurrence of a meeting between the Minister, Ministerial Staff or Senior Staff of the Clean Energy Regulator and any representatives of the following companies:
• Origin Energy
• Energy Australia
• AGL
2. any document that records the agenda of, and or topics under discussion at, the meetings that may have occurred between the Minister, Ministerial Staff or Senior Staff of the CER and any representatives of the above three companies.
• the period covered by the access request is 7 September 2013 until 29 April 2014;​
• the term "Senior Staff" of the Clean Energy Regulator is defined as the Chief Executive Officer (CEO), Strategic Advisor to the CEO, and Senior Officers in the Renewables and Carbon Farming Division; and
• "Representative" of each of the above three companies is defined as direct employees of the company at the time of the meeting, board members of the company at the time of the meeting, or any third party lobbyist employed by the company to make representations on their behalf.

1. correspondence and reports about the recovery of shortfall debts for liable entities with unpaid unit shortfall charges under the Clean Energy Act 2011;
2. the steps being taken to recover these debts, and
3. any general guidance and/or policy documents about the debt recovery processes of the Clean Energy Regulator in general

To obtain a copy of the documents, please send an email to the FOI Unit at foi@cleanenergyregulato​r.gov.au.​