{"id":"sr:climate-change-regulations-2017","name":"Climate Change Regulations 2017","slug":"climate-change-regulations-2017","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183606,"registerId":"vic-sr:climate-change-regulations-2017-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Climate Change Regulations 2017","content":"Version No. 002\n\n**Climate Change Regulations 2017**\n\n**S.R. No. 134/2017**\n\nVersion incorporating amendments as at  \n22 December 2020\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\nPart 1—Preliminary 1\n\n1 Objectives 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Definitions 2\n\nPart 2—Greenhouse gas emissions calculations and sector pledges 3\n\n5 Form of interim emissions reduction targets—prescribed method for determining the amount of the State's greenhouse gas emissions for the year 2005 3\n\n5A Prescribed categories of emissions and removals for sector pledges 3\n\n6 Calculation of reduction of greenhouse gas emissions—determining the carbon dioxide equivalent of the State's greenhouse gas emissions for a particular year 4\n\nPart 3—Register of Carbon Sequestration Agreements 5\n\n7 Register of Carbon Sequestration Agreements to be maintained by the Secretary 5\n\n8 Corrections and amendment of the Register of Carbon Sequestration Agreements 6\n\n9 Removal from the Register of Carbon Sequestration Agreements 7\n\n═════════════\n\nEndnotes 8\n\n1 General information 8\n\n2 Table of Amendments 10\n\n3 Amendments Not in Operation 11\n\n4 Explanatory details 12\n\n**Version No.** **002**\n\n**Climate Change Regulations 2017**\n\n**S.R. No. 134/2017**\n\nVersion incorporating amendments as at  \n22 December 2020\n\nPart 1—Preliminary\n\n\t1 Objectives\n\nThe objectives of these Regulations are—\n\n(a) to prescribe the method for determining a figure that represents the amount of the State's greenhouse gas emissions for the year 2005; and\n\n(b) to prescribe the method for determining the carbon dioxide equivalent of the total amount of the State's greenhouse gas emissions for a particular year; and\n\nReg. 1(c) amended by S.R. No. 144/2020 reg. 4(1).\n\n(c) to prescribe the information to be recorded in the Register of Carbon Sequestration Agreements; and\n\nReg. 1(d) inserted by S.R. No. 144/2020 reg. 4(2).\n\n(d) to prescribe categories of greenhouse gas emissions and removals for the purposes of sector emissions reduction pledges.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 97 of the **Climate Change Act 2017**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 20 December 2017.\n\nReg. 4 (Heading) amended by S.R. No. 144/2020 reg. 5(1).\n\n\t4 Definitions\n\nIn these Regulations—\n\nReg. 4 def. of *industrial processes* inserted by S.R. No. 144/2020 reg. 5(2).\n\n***industrial processes*** means industrial processes and product use as set out in the State and Territory Greenhouse Gas Inventories;\n\nReg. 4 def. of *State and Territory Greenhouse Gas Inventories* inserted by S.R. No. 144/2020 reg. 5(2).\n\n***State and Territory Greenhouse Gas Inventories*** means Australia's National Greenhouse Gas Accounts: State and Territory Greenhouse Gas Inventories as published from time to time;\n\n***the Act*** means the **Climate Change Act 2017**.\n\nPt 2 (Heading) amended by S.R. No. 144/2020 reg. 6.\n\nPart 2—Greenhouse gas emissions calculations and sector pledges\n\nReg. 5 substituted by S.R. No. 144/2020 reg. 7.\n\n\t5 Form of interim emissions reduction targets—prescribed method for determining the amount of the State's greenhouse gas emissions for the year 2005\n\nFor the purposes of section 11(2) of the Act, the figure that represents the amount of the State's greenhouse gas emissions for the year 2005 is to be determined by adding the total carbon dioxide equivalent emission figures for the year 2005 for the State for each of the following sectors as set out in the State and Territory Greenhouse Gas Inventories—\n\n(a) energy;\n\n(b) industrial processes;\n\n(c) agriculture;\n\n(d) waste;\n\n(e) land use, land use change and forestry;\n\n(f) any other sectors.\n\nReg. 5A inserted by S.R. No. 144/2020 reg. 7.\n\n\t5A Prescribed categories of emissions and removals for sector pledges\n\nFor the purposes of sections 43(1) and (2), 44(1)(a) and 45 of the Act, the prescribed categories of emissions and removals are each of the following sectors—\n\n(a) energy;\n\n(b) transport;\n\n(c) industrial processes;\n\n(d) agriculture;\n\n(e) waste;\n\n(f) land use, land use change and forestry.\n\nReg. 6 substituted by S.R. No. 144/2020 reg. 7.\n\n\t6 Calculation of reduction of greenhouse gas emissions—determining the carbon dioxide equivalent of the State's greenhouse gas emissions for a particular year\n\nFor the purposes of **B** in the formula in section 53 of the Act, the carbon dioxide equivalent of the total amount of the State's greenhouse gas emissions is to be determined by adding the total carbon dioxide equivalent emission figures for the most recent year for the State for each of the following sectors as set out in the State and Territory Greenhouse Gas Inventories—\n\n(a) energy;\n\n(b) industrial processes;\n\n(c) agriculture;\n\n(d) waste;\n\n(e) land use, land use change and forestry;\n\n(f) any other sectors.\n\nPart 3—Register of Carbon Sequestration Agreements\n\n\t7 Register of Carbon Sequestration Agreements to be maintained by the Secretary\n\n(1) The Register of Carbon Sequestration Agreements maintained by the Secretary must include, in relation to each Carbon Sequestration Agreement—\n\n(a) the names of the parties to the agreement; and\n\n(b) whether the right granted under the agreement is a carbon sequestration right or soil carbon right; and\n\n(c) the description of the land to which the agreement applies; and\n\n(d) the date on which the agreement was made; and\n\n(e) the effective date of the agreement; and\n\n(f) the term of the agreement; and\n\n(g) if the agreement is varied, the date on which it was varied; and\n\n(h) if the agreement is transferred, the name of the person to whom the agreement is transferred and the effective date of the transfer; and\n\n(i) if the right granted under the agreement is assigned, the name of the person to whom the right is assigned and the effective date of the assignment; and\n\n(j) the effective date of the ending of the agreement.\n\n(2) The Secretary—\n\n(a) must ensure that the Register of Carbon Sequestration Agreements is available for inspection at the principal office of the Department; and\n\n(b) must cause a copy of the Register of Carbon Sequestration Agreements to be available on the Department's Internet site; and\n\n(c) must cause a copy of each Carbon Sequestration Agreement made and varied to be available for inspection at the principal office of the Department; and\n\n(d) must cause a copy of each Carbon Sequestration Agreement made and varied to be available on the Department's Internet site.\n\n\t8 Corrections and amendment of the Register of Carbon Sequestration Agreements\n\n(1) The Secretary, if satisfied that it is necessary  \nto do so to reflect the current status of a record or information on the Register of Carbon Sequestration Agreements, may—\n\n(a) correct any error in a recording; or\n\n(b) amend any recording; or\n\n(c) delete or cancel any recording.\n\n(2) The Secretary may correct or amend the Register of Carbon Sequestration Agreements by—\n\n(a) adding, cancelling or deleting a recording; or\n\n(b) adding, altering or deleting particulars or details contained in a recording.\n\n\t9 Removal from the Register of Carbon Sequestration Agreements\n\nThe Secretary may remove from the Department's Internet site a Carbon Sequestration Agreement after that agreement has ended.\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Climate Change Regulations 2017, S.R. No. 134/2017 were made on 19 December 2017 by the Governor in Council under section 97 of the **Climate Change Act 2017**, No. 5/2017 and came into operation on 20 December 2017: regulation 3.\n\nThe Climate Change Regulations 2017 will sunset 10 years after the day of making on 19 December 2027 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the Climate Change Regulations 2017 by statutory rules, subordinate instruments and Acts.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nClimate Change Amendment Regulations 2020, S.R. No. 144/2020\n\n| *Date of Making:* | 22.12.20 |\n| --- | --- |\n| *Date of Commencement:* | 22.12.20 |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Amendments Not in Operation\n\nThis version does not contain amendments that are not yet in operation.\n\n4 Explanatory details\n\n**Table of Applied, Adopted or Incorporated Matter**\n\nNote that the following table of applied, adopted or incorporated matter was included in S.R. No. 134/2017 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n| --- | --- | --- |\n| Regulations 5 and 6 | Australia's National Greenhouse Gas Accounts: State and Territory Greenhouse Gas Inventories 2015, published by the Commonwealth Department of Environment and Energy, May 2017, or published from time to time. | Appendix 3—State and Territory Emissions Trends. |\n\n\n——\n\n**Table of Applied, Adopted or Incorporated Matter**\n\nThe following table of applied, adopted or incorporated matter was included in S.R. No. 144/2020 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n| --- | --- | --- |\n| Regulation 5 (definition of ***industrial processes***) | Australia's National Greenhouse Gas Accounts: State and Territory Greenhouse Gas Inventories 2018, published by the Commonwealth Department of Industry, Science, Energy and Resources, May 2020 | Appendix 1 – Notes |\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n| --- | --- | --- |\n| Regulation 5 (definition of ***State and Territory Greenhouse Gas Inventories***) | Australia's National Greenhouse Gas Accounts: State and Territory Greenhouse Gas Inventories 2018, published by the Commonwealth Department of Industry, Science, Energy and Resources, May 2020 | Appendix 3 – Sectoral Greenhouse Gas Emissions |","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be meaningfully assessed as the document contains no substantive legislative provisions. There is insufficient content to determine whether the regulations as consolidated have drifted from their original intent. The score defaults to 'no change detected' due to lack of data, not a positive finding of consistency."},"complexity_factors":["Insufficient legislative content provided to assess true complexity — the document contains only metadata and structural labels","Climate change regulation as a subject matter is inherently cross-disciplinary, potentially involving environmental science, economics, and administrative law","Consolidated versioning suggests amendments over time, which can add interpretive complexity","Statutory rules made under a parent Act require readers to cross-reference that Act to understand the full legal framework"],"plain_english_summary":"The consolidated Victorian Climate Change Regulations 2017 (S.R. No. 134/2017) appear here only as a metadata/filing shell: it’s an updated version of regulations made under the Climate Change Act 2017 with at least one amendment, but the provided document contains no operative provisions. Who is affected and what the rules require cannot be determined from this file — consult the full text on legislation.vic.gov.au to see actual obligations or rights."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Regulations were expanded by S.R. No. 144/2020: new definitions (industrial processes; State and Territory Greenhouse Gas Inventories) were inserted (reg 4), a new regulation prescribing sector categories for pledges was added (reg 5A), and objectives were broadened to include Register content and sector categories (reg 1 as amended). The explanatory table also adopts a later inventory edition (2018) for definitions and sector data (explanatory details/endnotes)."},"complexity_factors":["Reliance on external documents (Australia's State and Territory Greenhouse Gas Inventories) to supply sector emission figures and definitions (regs 5, 6; explanatory table in endnotes).","Cross-references to the Climate Change Act (methods reference section 11(2) and section 53 formula) which require reading both instruments together (reg 5; reg 6).","Administrative discretion vested in the Secretary to correct, amend, delete or remove register records, creating operational judgement calls (regs 8–9).","Prescriptive public‑access and disclosure obligations for the Register (reg 7(2)), imposing publication and record‑keeping duties on the Department.","Amendments inserted by S.R. No. 144/2020 (definitions and a new reg 5A) change how sectors are defined and classified, requiring attention to amendment history (reg notes).","Temporal limit (sunset provision noted in endnotes) and incorporation by reference to specific inventory versions add temporal and versioning complexity (endnotes; explanatory details)."],"plain_english_summary":"These Regulations set the technical rules for measuring the State’s greenhouse gas emissions by adding sector totals from Australia’s State and Territory Greenhouse Gas Inventories and prescribe categories for sector emissions pledges (regs 5, 5A, 6). They also require a public Register of Carbon Sequestration Agreements that records parties, land, rights, dates and transfers (regs 7–9).\n\nThe Secretary is responsible for maintaining, correcting and removing register entries, so administrative and compliance costs fall to the Department while emission baselines and pledge rules are tied to the cited inventories (regs 7–9; regs 5–6)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The original 2017 regulations focused on emissions calculations and the Carbon Sequestration Register. The 2020 amendments (S.R. No. 144/2020) expanded the scope to include 'sector pledges' by adding regulation 5A, which prescribes categories of emissions and removals for sector emissions reduction pledges under the Act. This broadened the regulations from purely technical calculation rules and administrative registry functions to also supporting sector-specific climate pledges."},"complexity_factors":["Short length (9 substantive regulations)","Minimal defined terms (only 3 definitions in regulation 4)","Straightforward structure with clear Parts","Simple arithmetic methodology (adding figures from external inventories)","External incorporation by reference of Commonwealth greenhouse gas inventory data (dynamic reference 'published from time to time')","No nested exceptions or complex conditional logic","Administrative provisions (register maintenance) are procedural and direct"],"plain_english_summary":"These regulations set the rules for how Victoria calculates its greenhouse gas emissions and keeps track of carbon storage deals.\n\n**What it does:**\n\n*   **Sets the baseline:** It defines exactly how to calculate Victoria's greenhouse gas emissions for the year 2005. This 2005 figure is the baseline against which future emissions reductions are measured.\n*   **Calculates current emissions:** It sets the method for working out Victoria's total emissions for any given year, using official Commonwealth data (the State and Territory Greenhouse Gas Inventories).\n*   **Defines sectors:** It lists the specific sectors (energy, transport, industrial processes, agriculture, waste, and land use) that are used for sector-specific emissions reduction pledges.\n*   **Manages a public register:** It requires the Secretary to maintain a public register of Carbon Sequestration Agreements. These are legal agreements that give someone the right to store carbon (carbon sequestration right) or manage soil carbon (soil carbon right) on a piece of land. The register must be available online and at the Department's office, and it records details like who the parties are, what land is involved, when the agreement starts and ends, and any transfers or changes.\n\n**Who it affects:**\n\n*   **Government:** The Secretary (a senior public servant) must maintain the register and ensure calculations follow the rules.\n*   **Landowners and carbon project developers:** Anyone entering into a Carbon Sequestration Agreement with the Crown (the government) about carbon rights on their land.\n*   **The public:** Anyone can inspect the register to see what carbon storage agreements are in place.\n\n**Why it matters:**\n\nThese regulations provide the technical backbone for Victoria's climate change laws. Without these rules, there would be no consistent way to measure if Victoria is actually reducing emissions as promised. The register also creates transparency around carbon offset projects—letting people see who has been granted rights to store carbon on Victorian land."}},"importantCases":[],"_links":{"self":"/api/acts/climate-change-regulations-2017","history":"/api/acts/climate-change-regulations-2017/history","analysis":"/api/acts/climate-change-regulations-2017/analysis","conflicts":"/api/acts/climate-change-regulations-2017/conflicts","importantCases":"/api/acts/climate-change-regulations-2017/important-cases","documents":"/api/acts/climate-change-regulations-2017/documents"}}