Turn the raw legal text into a practical explanation grounded in Carbon Credits (Carbon Farming Initiative—Landfill Gas) Methodology Determination 2015.
This determination is the Carbon Credits (Carbon Farming Initiative—Landfill Gas) Methodology Determination 2015.
3 Authority
This determination is made under subsection 106(1) of the Carbon Credits (Carbon Farming Initiative) Act 2011.
4 Duration
This determination remains in force for the period that:
(a) begins when the determination commences; and
(b) ends on the day before this determination would otherwise be repealed under subsection 50(1) of the Legislative Instruments Act 2003.
5 Definitions
In this determination:
Act means the Carbon Credits (Carbon Farming Initiative) Act 2011.
appropriate measuring requirements has the meaning given by subsection 33(3).
carbon tax waste, in relation to a landfill, means waste that was deposited in the landfill between 1 July 2012 and 30 June 2014.
collection efficiency, of a landfill gas collection system at a landfill, means the proportion of landfill gas generated by the landfill that is collected and combusted by the landfill gas collection system, expressed as a percentage.
combustion device means:
(a) a flare, boiler or internal combustion engine that is operated in accordance with the manufacturer’s instructions; or
(b) a device:
(i) that combusts landfill gas with a destruction efficiency of at least 98%; and
(ii) that is operated in accordance with the manufacturer’s instructions; and
(iii) the combustion process of which can be monitored on a minute‑by‑minute basis.
daily cover/operational area, in relation to a landfill, means the area of the landfill normally covered by material used to cover a day’s deposition of waste in active landfill waste disposal areas of the landfill.
final cover area, in relation to a landfill, means the area of the landfill normally covered by material used to cover previously active landfill waste disposal areas of the landfill that have reached final height and are unlikely to be used for waste disposal again.
intermediate cover area¸ in relation to a landfill, means the area of the landfill normally covered by material used to cover previously active landfill working areas that won’t be used for waste disposal for an extended period of time (typically a few weeks to a few months).
Part Part 4 - Carbon Credits (Carbon Farming Initiative—Landfill Gas) Methodology Determination 2015 - Net abatement amounts | Zoe
landfill means a site where waste is or was buried under a permission (however described) given under the law of a State or Territory.
landfill gas means gas generated from anaerobic decomposition of biological material at a landfill.
landfill gas collection system means a system to collect and combust landfill gas.
landfill gas project has the meaning given by subsection 7(2).
monitoring and control system¸ for a flare, means a system that consists of:
(a) a monitoring system that detects the flame of a flare and monitors if the flare is operating at the manufacturer’s specifications for the complete combustion of methane; and
(b) an associated control system that shuts down landfill gas flow to the flare either when no flame is detected or when the flare is not operating at the manufacturer’s specifications for the complete combustion of methane.
Note: An example of a monitoring and control system for a flare is a flare management system that incorporates a UV detection sensor.
monitoring requirements means the requirements set out in section 33.
new project has the meaning given by section 9.
NGER (Measurement) Determination means the National Greenhouse and Energy Reporting (Measurement) Determination 2008.
NGER Regulations means the National Greenhouse and Energy Reporting Regulations 2008.
non‑monitored period has the meaning given by subsection 34(1).
recommencing project has the meaning given by section 10.
regulatory guidelines for landfill means guidelines that:
(a) establish policy and regulatory requirements for sustainable waste management and landfill performance; and
(b) are applied by environment agencies and environmental protection agencies (including such agencies in States and Territories).
Note: These guidelines typically cover the topics of siting, design, management or operation of landfills.
restarting flaring project has the meaning given by section 11A.
sub‑facility zone has the meaning as in section 5.22A of the NGER (Measurement) Determination.
transitioning project has the meaning given by section 12.
upgrade project has the meaning given by subsection 11(1).
6 References to factors and parameters from external sources
(1) If a calculation in this determination includes a factor or parameter that is defined or calculated by reference to another instrument or writing, the factor or parameter to be used for a reporting period is the factor or parameter referred to in, or calculated by reference to, the instrument or writing as in force at the end of the reporting period.
(2) Subsection (1) does not apply if:
(a) the determination specifies otherwise; or
(b) it is not possible to define or calculate the factor or parameter by reference to the instrument or writing as in force at the end of the reporting period.
Part 2—Landfill gas projects
7 Landfill gas projects
(1) For paragraph 106(1)(a) of the Act, this determination applies to an offsets project that aims to reduce emissions of greenhouse gases by collecting and combusting landfill gas from a landfill.
(2) A project covered by subsection (1) is a landfill gas project.
(3) A landfill gas project may be:
(a) a new project; or
(b) a recommencing project; or
(c) an upgrade project; or
(d) a transitioning project; or
(e) a restarting flaring project.
Part 3—Project requirements
8 Operation of this Part
(1) For paragraph 106(1)(b) of the Act, sections 9 to 12 set out requirements that must be met for a landfill gas project to be an eligible offsets project.
(2) For subparagraph 27(4A)(a)(ii) of the Act, subsections 13(1) and (1A) each set out a requirement in lieu of the newness requirement.
(3) For subparagraph 27(4A)(b)(ii) of the Act, subsection 13(2) sets out a requirement in lieu of the regulatory additionality requirement.
9 Requirements for a new project
A new project must:
(a) collect landfill gas by installing a landfill gas collection system at a landfill for which no such system has previously been installed; and
(b) combust the gas using a combustion device.
10 Requirements for a recommencing project
A recommencing project must:
(a) recommence landfill gas collection, using either a new or existing landfill gas collection system, at a landfill that meets both of the following requirements:
(i) no landfill gas collection system has operated at the landfill since 24 April 2014;
(ii) no landfill gas collection system has operated at the landfill during the 3 years before the application for the declaration of the project as an eligible offsets project is made; and
(b) combust the gas using a combustion device.
11 Requirements for an upgrade project
(1) An upgrade project must:
(a) upgrade an existing landfill gas collection system at a landfill to increase its collection efficiency to a higher annual level than previously measured at the landfill over each year covered by subsection (2); and
(b) install new gas wells to increase landfill gas collection; and
(c) combust the gas collected using a combustion device.
(2) An application for declaration of an upgrade project as an eligible offsets project must include operational records that:
(a) support the calculation of the collection efficiency of the existing landfill gas collection system; and
(b) cover the 4‑year period before the application is made.
(3) The first reporting period for an upgrade project must end not less than 12 months after the landfill gas collection system, as upgraded, begins to collect landfill gas.
(4) However, an upgrade project applying this determination before the commencement of the Carbon Credits (Carbon Farming Initiative—Landfill Gas) Methodology Determination Variation 2021 remains an upgrade project if it complies with the requirements of this section before it was varied.
Note: Crediting for such projects would consider 2 years or, if data is available to the project proponent for that period, 3 years of previous data under section 29, if the project proponent does not have 4 years of previous data available.
11A Requirements for a restarting flaring project
(1) A restarting flaring project must:
(a) have previously been a landfill gas project (other than a restarting flaring project) that generated electricity during its crediting period or periods; and
(b) collect landfill gas and combust it with a flare; and
(c) not generate electricity after its declaration as a restarting flaring project; and
(d) have a crediting period greater than zero under section 13A.
(2) An application for declaration of a restarting flaring project as an eligible offsets project must include a written statement from the chief executive officer or chief financial officer (however described) of the project proponent of the project that:
(a) the continued generation of electricity is unlikely to be economic for the site; and
(b) in the absence of the declaration of the project as an eligible offsets project there is unlikely to be combustion of landfill gas at the site beyond that which will be assumed for the project under section 28; and
(c) there is no regulatory or contractual obligation which requires combustion of landfill gas at the site beyond that which will be assumed for the project under section 28; and
(d) consultation under subsection (3) has been undertaken and supports the above statements.
(3) A person must not provide a statement under subsection (2) without consulting with relevant regulatory authorities and the owners of the landfill site.
(4) A restarting flaring project is credited under this determination as a new project, a recommencing project, an upgrade project or a transitioning project as it was previously credited as a landfill gas project (other than a restarting flaring project).
12 Requirements for a transitioning project
A transitioning project must:
(a) collect landfill gas by continuing to operate a landfill gas collection system that was operated as part of a project that was operating under:
(i) the Carbon Farming (Capture and Combustion of Methane in Landfill Gas from Legacy Waste) Methodology Determination 2012; or
(ii) the Carbon Credits (Carbon Farming Initiative) (Capture and Combustion of Methane in Landfill Gas from Legacy Waste: Upgrade Projects) Methodology Determination 2012; and
(b) combust the gas using a combustion device.
13 Additionality requirements
(1) For subparagraph 27(4A)(a)(ii) of the Act, a requirement in lieu of the newness requirement for a recommencing project is that the project complies with subparagraph 27(4A)(a)(i) of the Act, disregarding any operation of the landfill gas collection system before the earliest of the following:
(a) the beginning of the period of 3 years before the application for the declaration of the project as an eligible offsets project was made;
(b) the end of the day that is 24 April 2014.
(1A) For subparagraph 27(4A)(a)(ii) of the Act, a requirement in lieu of the newness requirement for a restarting flaring project is that:
(a) the requirements of section 11A are satisfied; and
(b) flaring equipment that needs to be installed or reinstalled at the site to undertake the project has not been installed or reinstalled (other than for backup or maintenance purposes) at any point in the 2 years immediately before the application for the declaration of the project as an eligible offsets project was made.
(2) For subparagraph 27(4A)(b)(ii) of the Act, a requirement in lieu of the regulatory additionality requirement is that the project is a landfill gas project.
13A Crediting period for certain projects
(1) For paragraph 69(3)(b) and subparagraph 70(3)(d)(ii) of the Act, if a landfill gas project (other than a restarting flaring project) during its second or only crediting period:
(a) does not use landfill gas to generate electricity; or
(b) does not use landfill gas to generate electricity for more than a total period of 84 calendar months;
the period of 12 years is specified.
(2) However, if:
(a) a project was covered by subsection (1) at the start of the 8th year of its second or only crediting period; and
(b) before the crediting period ends under subsection (1) the total period for which landfill gas is used to generate electricity during the crediting period exceeds 84 calendar months;
the crediting period ends at the start of the 85th calendar month that landfill gas is used to generate electricity.
(3) For this section and reporting under section 31A:
(a) landfill gas is used to generate electricity in a calendar month if at any point during 3 or more days in the calendar month electricity is generated from landfill gas; and
(b) the total calendar months of generation do not need to be consecutive; and
(c) a calendar month after electricity is first generated is presumed to be a month during which electricity is generated if there is no evidence to the contrary.
(4) For paragraph 69(3)(b) of the Act, if a landfill gas project is a restarting flaring project, the period is specified as 12 years minus the length of the last crediting period when the project was previously an eligible offsets project.
(5) However, the crediting period for a restarting flaring project under subsection (4) ends the day after the project uses landfill gas to generate electricity.
Part 4—Net abatement amounts
Division 1—Operation of this Part
14 Operation of this Part
For paragraph 106(1)(c) of the Act, this Part specifies the method for working out the carbon dioxide equivalent net abatement amount for a reporting period for a landfill gas project that is an eligible offsets project.
15 Overview of gases accounted for in abatement calculations
The following table provides an overview of the greenhouse gas abatement and emissions that are relevant to working out the carbon dioxide equivalent net abatement amount for a landfill gas project.
(1) Inputs for this method must cover the whole landfill.
Note: This subsection prevents a proponent from operating a project only in relation to a selected portion of a landfill where, for example, gas might be easier to extract.
(2) If a parameter in an equation is worked out, or determined, in a particular way for a reporting period, then, it must be worked out, or determined, in the same way for all other equations in which it is used for the reporting period.
Division 2—Method for calculating net abatement amount
17 Summary
Net abatement is calculated as project abatement minus baseline abatement.
18 Net abatement amount
The carbon dioxide equivalent net abatement amount for the reporting period, in tonnes CO2‑e, is worked out using the formula (equation 1):
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where:
A means the carbon dioxide equivalent net abatement amount for the reporting period, in tonnes CO2‑e.
AP means the project abatement for the reporting period, in tonnes CO2‑e, worked out using equation 2.
AB means the baseline abatement for the reporting period, in tonnes CO2‑e, worked out using equation 12.
Division 3—Method for calculating project abatement
19 Summary
Project abatement is calculated as the amount of methane combusted by the project that was not generated by carbon tax waste minus the amount that would have been oxidised in the near surface conditions of the landfill had it not been collected during the project.
20 Project abatement
The project abatement for the reporting period, in tonnes CO2‑e, is worked out using the formula (equation 2):
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where:
AP means the project abatement for the reporting period, in tonnes CO2‑e.
MCom,NCT means the methane combusted during the reporting period that was not generated from carbon tax waste, in tonnes CO2‑e, worked out using equation 3.
MCom,Ox means the methane combusted during the reporting period that was not generated from carbon tax waste and that, without the project, would have been oxidised in near surface conditions of landfill, in tonnes CO2‑e, worked out using equation 11.
21 Methane combusted that was not generated from carbon tax waste
The methane combusted during the reporting period that was not generated from carbon tax waste, in tonnes CO2‑e, is worked out using the formula (equation 3):
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where:
MCom,NCT means the methane combusted during the reporting period that was not generated from carbon tax waste, in tonnes CO2‑e.
γ means the factor to convert cubic metres of methane at standard conditions to tonnes of CO2‑e worked out using subsection 5.4(1) of the NGER (Measurement) Determination.
WNCT means the proportion of the methane combusted during the reporting period that was not generated from carbon tax waste worked out using equation 4.
MCom means the methane that was combusted during the reporting period, in cubic metres, worked out using equation 5.
22 Proportion of methane combusted that was not generated from carbon tax waste
(1) The proportion of the methane combusted during the reporting period that was not generated from carbon tax waste, in cubic metres, is worked out using the formula (equation 4):
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where:
WNCT means the proportion of the methane combusted during the reporting period that was not generated from carbon tax waste.
MCom,y means the methane combusted in financial year y, in cubic metres, worked out using equation 5 as if a reporting period were a financial year.
MCom means the methane combusted during the reporting period, in cubic metres, worked out using equation 5.
MCTW,y means the methane generated by the landfill from carbon tax waste in financial year y in tonnes of CO2‑e calculated in accordance with subsection (2).
MGen,y means the methane generated by the landfill in financial year y, in tonnes CO2‑e, calculated in accordance with subsection (3).
y means a financial year covered (either partly or fully) by the reporting period.
Note: The summation of this equation over financial years is to cover circumstances where reporting periods span financial years.
Methane generated from carbon tax waste in financial year y
(2) The methane generated by the landfill from carbon tax waste in financial year y, in tonnes of CO2‑e, is equivalent to parameter CH4gen calculated:
(a) under Part 5.2 of the NGER (Measurement) Determination; and
(b) in accordance with the following:
(i) the year y for working out MCTW,y is a financial year that the reporting period partially or fully covers;
(ii) the calculation is based only on carbon tax waste.
Note: See section 6 for the version of NGER (Measurement) Determination that must be used.
Methane generated in year y
(3) The methane generated by the landfill in year y, in tonnes CO2‑e, is equivalent to parameter CH4gen calculated:
(a) under Part 5.2 of the NGER (Measurement) Determination; and
(b) with methane generation determined for the whole landfill as if it were a single sub‑facility zone; and
(c) in accordance with subsection (4), (5), (6) or (7), as required, and subsection (8), as required.
(4) For working out MGen,y for equation 4, financial year y is a financial year covered (either partly or fully) by the reporting period.
(5) For working out MGen,y for equation 18, year y is the 12 month period immediately after the upgrade undertaken in the project is completed.
(6) For working out MGen,y for equation 20 and clause 5 of Schedule 1, year y is the 12 month period immediately before the project begins.
(7) For working out MGen,y for clause 2 of Schedule 1 (for the purposes of items 1 and 2 of the table in subclause 6(2) of Schedule 1) and items 5 and 6 of the table in subclause 6(2) of Schedule 1, year y is the 12 month period immediately before the advice is given by the environmental regulator.
(8) For subsections (5), (6) and (7), if the 12 month period covers 2 financial years, CH4gen is calculated by:
(i) calculating CH4gen for each financial year covered by the 12 month period; and
(ii) multiplying the amount of CH4gen for each financial year by the proportion of days in the financial year covered by the 12 month period; and
(iii) summing the results.
23 Methane combusted
(1) The methane combusted during a reporting period, in cubic metres, is worked out using the formula (equation 5):
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where:
MCom means the methane combusted during the reporting period, in cubic metres.
MCom,h means the methane combusted during the reporting period by combustion device h, in cubic metres, worked out using equation 6 or 7 as required.
Methane combusted by combustion device h—boiler or flare with monitoring and control system or internal combustion engine
(2) If combustion device h is a boiler, a flare with monitoring and control system or an internal combustion engine, the methane combusted during the reporting period by the device, in cubic metres, is worked out using the formula (equation 6):
Image unavailable in extracted text
where:
MCom,h means the methane combusted during the reporting period by combustion device h, in cubic metres.
DE means the default methane destruction efficiency for a combustion device, which for an internal combustion engine is 1 and for any other combustion device is 0.98.
MSent,h means the methane sent to combustion device h during the reporting period, in cubic metres, worked out using equation 8, 9 or 10.
Methane combusted by combustion device h—other combustion devices
(3) If combustion device h is not a boiler, a flare with monitoring and control system or an internal combustion engine, the methane combusted during the reporting period by the device, in cubic metres, is worked out using the formula (equation 7):
Image unavailable in extracted text
where:
MCom,h means the methane combusted during the reporting period by combustion device h, in cubic metres.
DE means the default methane destruction efficiency for a combustion device, which for an internal combustion engine is 1 and for any other combustion device is 0.98.
Oh,a means the operation of combustion device h in hour a, which is either 0 or 1, worked out in accordance with the monitoring requirements.
MSent,h,a means the methane sent to combustion device h in hour a, in cubic metres, worked out using equation 8 or 9.
24 Methane sent to combustion device
(1) Methane sent to a combustion device h during a particular period may be worked out using:
(a) equation 8; or
(b) equation 9; or
(c) equation 10 (if applicable).
Option 1—using landfill gas sent to combustion device
(2) Using the volume of the landfill gas sent to the combustion device (QLFG,h), the methane sent to the combustion device during the period is worked out using the formula (equation 8):
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where:
MSent,h means the methane sent to the combustion device h during the period, in cubic metres.
QLFG,h means the landfill gas sent to the combustion device h during the period, in cubic metres, worked out in accordance with the monitoring requirements.
W LFG,CH4 means the proportion of the landfill gas that is methane, which is, at the election of the project proponent:
(a) 0.42; or
(b) worked out in accordance with the monitoring requirements; or
(c) if the project is covered by subsection (2A)—set out in section 5.14C of the NGER (Measurement) Determination.
(2A) The following projects are covered by this subsection:
(a) a landfill gas project, other than a restarting flaring project, whose application under section 22 of the Act was made before 1 September 2020; or
(b) a restarting flaring project that, when it was previously a landfill gas project, had an application under section 22 of the Act made before 1 September 2020.
(3) If, at any time during which this determination is the applicable methodology for the project, the monitoring requirements are used to work out WLFG,CH4, then, the monitoring requirements must be used for that purpose for the remainder of the project.
(4) Subsection (3) has effect subject to section 33.
Option 2—using energy content of landfill gas sent to combustion device
(5) Using the energy content of the landfill gas sent to the combustion device (QEn,h), the methane sent to the combustion device during the period is worked out using the formula (equation 9):
Image unavailable in extracted text
where:
MSent,h means the methane sent to the combustion device h during the period in cubic metres.
QEn,h means the energy content of the landfill gas sent to the combustion device h during the period, in gigajoules, worked out in accordance with the monitoring requirements.
ECLFG means the energy content factor for landfill gas that is collected for combustion (methane only), in gigajoules per cubic metre, set out in Part 2 of Schedule 1 to the NGER (Measurement) Determination.
Option 3—using electricity produced by internal combustion engine
(6) If the combustion device is an internal combustion engine, using the electricity produced by the device (QEG,h), the methane sent to the combustion device during the period is worked out using the formula (equation 10):
Image unavailable in extracted text
where:
MSent,h means the methane sent to the combustion device h during the period, in cubic metres.
QEG,h means the electricity (supplied to the grid or used on‑site) produced by internal combustion engine h during the period, in megawatt hours, worked out in accordance with the monitoring requirements.
FMWh→GJ means the factor to convert megawatt hours to gigajoules, which is 3.6.
Effh means:
(a) the factor for the electrical efficiency of internal combustion engine h determined in accordance with:
(i) the manufacturer’s specifications for the combustion of landfill gas; and
(ii) if the specifications set out a range of such efficiencies—the highest of those efficiencies; or
(b) if no such factor can be determined in accordance with the manufacturer’s specifications—the amount set out in subparagraph 2.38(2)(a)(ii) of the NGER (Measurement) Determination.
ECLFG means the energy content factor for landfill gas that is captured for combustion (methane only), in gigajoules per cubic metre, set out in Part 2 of Schedule 1 to the NGER (Measurement) Determination.
25 Methane combusted that was not generated from carbon tax waste and that would have been oxidised in near surface conditions
The methane combusted during the reporting period that was not generated from carbon tax waste and that, without the project, would have been oxidised in near surface conditions of landfill, in tonnes CO2‑e, worked out using the formula (equation 11):
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where:
MCom,Ox means the methane combusted during the reporting period that was not generated from carbon tax waste and that, without the project, would have been oxidised in near surface conditions of landfill, in tonnes CO2‑e.
MCom,NCT means the methane combusted during the reporting period that was not generated from carbon tax waste, in tonnes CO2‑e, worked out using equation 3.
OF means the oxidation factor for near surface methane in landfill set out in the definition of OF in subsection 5.4(1) of the NGER (Measurement) Determination.
WB means the proportion of the methane combusted in the reporting period that would have been combusted without the project worked out using whichever of equations 13 to 16 applies.
Division 4—Method for calculating baseline abatement
26 Summary
Baseline abatement is calculated as the amount of methane combusted by the project that was not generated by carbon tax waste multiplied by the proportion representing the amount of methane combusted during the project that would have been combusted without the project.
The determination of this proportion depends on the type of project.
27 Baseline abatement
The baseline abatement for the reporting period, in tonnes CO2‑e, is worked out using the formula (equation 12):
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where:
AB means the baseline abatement for the reporting period, in tonnes CO2‑e.
MCom,NCT means the methane combusted during the reporting period that was not generated from carbon tax waste, in tonnes CO2‑e, worked out using equation 3.
WB means the proportion of the methane combusted during the reporting period that would have been combusted without the project worked out using whichever of equations 13 to 16 applies.
28 Proportion of methane that would have been combusted without the project
New or recommencing project
(1) If the project is a new project or a recommencing project, the proportion of the methane combusted during the reporting period that would have been combusted without the project is worked out using the formula (equation 13):
Image unavailable in extracted text
where:
WB means the proportion of the methane combusted during the reporting period that would have been combusted without the project.
WB,Reg means the regulatory proportion of the methane combusted during the reporting period that would have been combusted without the project as determined using Schedule 1 to this determination.
WB,Def means the default proportion of the methane combusted during the reporting period that would have been combusted without the project, which is as follows:
(a) 0% if the project proponent can demonstrate that, since 24 March 2011, the landfill concerned has not been subject to:
(i) legislation or regulatory guidelines for landfill; or
(ii) a licence condition or development approval that includes any form of general or specific qualitative requirement to collect, control, manage or limit landfill gas, methane odour or greenhouse gases;
(b) otherwise—30%.
Upgrade project
(2) If the project is an upgrade project, the proportion of the methane combusted during the reporting period that would have been combusted without the project is worked out using the formula (equation 14):
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where:
WB means the proportion of the methane combusted during the reporting period that would have been combusted without the project.
WB,Reg means the regulatory proportion of the methane combusted during the reporting period that would have been combusted without the project determined using Schedule 1 to this determination.
WB,Def has the same meaning as in subsection (1).
WB,Ex means the proportion of the methane combusted during the reporting period that would have been combusted without the upgrade project worked out using equation 17.
Transitioning projects
(3) If the project is a transitioning project that was operating under the Carbon Credits (Carbon Farming Initiative) (Capture and Combustion of Methane in Landfill Gas from Legacy Waste) Methodology Determination 2012 (the legacy determination), the proportion of the methane combusted during the reporting period that would have been combusted without the project is worked out using the formula (equation 15):
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where:
WB means the proportion of the methane combusted during the reporting period that would have been combusted without the project.
RP means RP as worked out under the legacy determination.
(4) If the project is a transitioning project that was operating under the Carbon Credits (Carbon Farming Initiative) (Capture and Combustion of Methane in Landfill Gas from Legacy Waste: Upgrade Projects) Methodology Determination 2012 (the legacy upgrade determination), the proportion of the methane combusted during the reporting period that would have been combusted without the project is worked out using the formula (equation 16):
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where:
WB means the proportion of the methane combusted during the reporting period that would have been combusted without the project.
BP means Bp as worked out under the legacy upgrade determination.
(5) The value given to WB in subsection (1), (2), (3) or (4) must be the same throughout the crediting period.
29 Proportion of methane that would have been combusted without upgrade
(1) For an upgrade project, the proportion of the methane combusted during the reporting period that would have been combusted without the project is worked out using the formula (equation 17):
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where:
WB,Ex means the proportion of the methane combusted during the reporting period that would have been combusted without the upgrade project.
WCom,Bef means:
(a) if equation 19A is calculated on the basis of data only for 2 years in accordance with subsection (7)—the average proportion of the methane from the landfill that is collected and destroyed during the 2 years before the upgrade is started, worked out using equation 19; or
(b) otherwise—the higher of:
(i) the average proportion of the methane from the landfill that is collected and destroyed during the 2 years before the upgrade is started, worked out using equation 19; and
(ii) the average proportion of the methane from the landfill that is collected and destroyed during the 4 years before the upgrade is started, worked out using equation 19A.
WCom,Aft means the average proportion of the methane from the landfill that is collected and destroyed during the 12 months immediately after the upgrade is completed, worked out using equation 18.
Methane collected and destroyed during 12 months after upgrade
(2) The average proportion of the methane from the landfill that is collected and destroyed during the 12 months immediately after the upgrade is completed is worked out using the formula (equation 18):
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where:
WCom,Aft means the average proportion of the methane from the landfill that is collected and destroyed during the 12 months immediately after the upgrade is completed.
means the factor to convert cubic metres of methane at standard conditions to tonnes of CO2‑e set out in subsection 5.4(1) of the NGER (Measurement) Determination.
MSent,h means the methane sent to the combustion device h during the reporting period, in cubic metres, worked out using equation 8, 9 or 10.
MGen,y means the methane generated by the landfill in year y, in tonnes CO2‑e, worked out using subsection 22(3).
y means the 12 months immediately after the upgrade is completed.
Methane collected and destroyed during 2 years before upgrade
(3) The average proportion of the methane from the landfill that is collected and destroyed during the 2 years before the upgrade is started is worked out using the formula (equation 19):
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where:
WCom,Bef means the average proportion of the methane from the landfill that is collected and destroyed during the 2 years:
(a) immediately before the upgrade is started; or
(b) if elected by the project proponent—immediately before the application for declaration of the upgrade project as an eligible offsets project.
means the factor to convert cubic metres of methane at standard conditions to tonnes of CO2‑e set out in subsection 5.4(1) of the NGER (Measurement) Determination.
Qcap,y means the quantity of methane in landfill gas collected for combustion from the landfill during year y, in cubic metres, measured as prescribed in Part 5.2 of the NGER (Measurement) Determination.
Note: The term collected for combustion in the NGER (Measurement) Determination is intended to mean landfill methane collected for combustion for electricity generation.
Qflared,y means the quantity of methane in landfill gas from the landfill that is flared or otherwise combusted for purposes other than electricity generation during year y, in cubic metres, measured as prescribed in Part 5.2 of the NGER (Measurement) Determination.
Qtr,y means the quantity of methane in landfill gas transferred out of the landfill during year y, in cubic metres, measured as prescribed in Part 5.2 of the NGER (Measurement) Determination.
CH4*,y means the estimated quantity of methane in landfill gas generated by the landfill during year y, in tonnes CO2‑e, measured and determined in accordance with subsection (4).
y means a year in the 2 years:
(a) immediately before the upgrade is started; or
(b) if elected by the project proponent—immediately before the application for declaration of the upgrade project as an eligible offsets project.
Methane collected and destroyed during 4 years before upgrade
(3A) The average proportion of the methane from the landfill that is collected and destroyed during the 4 years before the upgrade is started is worked out using the formula (equation 19A):
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where:
WCom,Bef means the average proportion of the methane from the landfill that is collected and destroyed during the 4 years:
(a) immediately before the upgrade is started; or
(b) if elected by the project proponent—immediately before the application for declaration of the upgrade project as an eligible offsets project.
means the factor to convert cubic metres of methane at standard conditions to tonnes of CO2‑e set out in subsection 5.4(1) of the NGER (Measurement) Determination.
Qcap,y means the quantity of methane in landfill gas collected for combustion from the landfill during year y, in cubic metres, measured as prescribed in Part 5.2 of the NGER (Measurement) Determination.
Note: The term collected for combustion in the NGER (Measurement) Determination is intended to mean landfill methane collected for combustion for electricity generation.
Qflared,y means the quantity of methane in landfill gas from the landfill that is flared or otherwise combusted for purposes other than electricity generation during year y, in cubic metres, measured as prescribed in Part 5.2 of the NGER (Measurement) Determination.
Qtr,y means the quantity of methane in landfill gas transferred out of the landfill during year y, in cubic metres, measured as prescribed in Part 5.2 of the NGER (Measurement) Determination.
CH4*+,y means the estimated quantity of methane in landfill gas generated by the landfill during year y, in tonnes CO2‑e, measured and determined in accordance with subsection (4A).
y means a year in the 4 years:
(a) immediately before the upgrade is started; or
(b) if elected by the project proponent—immediately before the application for declaration of the upgrade project as an eligible offsets project.
x means:
(a) if pursuant to subsection (7) WCom,Bef is calculated for the purposes of this subsection based on data for a 4 year period—4;
(b) if pursuant to subsection (7) WCom,Bef is calculated for the purposes of this subsection based on data for a 3 year period—3;
(c) if pursuant to subsection (7) WCom,Bef is calculated for the purposes of this subsection based on data for a 2 year period—2.
(4) CH4*,y is equivalent to CH4* calculated:
(a) under Part 5.2 of the NGER (Measurement) Determination; and
(b) in accordance with the following:
(i) the reporting year is year y, where y means a year in the 2 years immediately before the upgrade;
(ii) methane generation must be determined for the whole landfill as if it were a single sub‑facility zone.
(4A) CH4*+,y is equivalent to CH4* calculated:
(a) under Part 5.2 of the NGER (Measurement) Determination; and
(b) in accordance with the following:
(i) the reporting year is year y, where y means a year in the 4 years immediately before the upgrade;
(ii) methane generation must be determined for the whole landfill as if it were a single sub‑facility zone.
(5) For subsections (4) and (4A), if year y covers 2 financial years, use the method set out in subsection 22(8) (as if CH4gen were CH4*).
(6) To avoid doubt, the time periods in this section relating to a restarting flaring project which was previously an upgrade project relate to the previous upgrade project and are not reset by the declaration of the project as a restarting flaring project.
(7) In subsections (1), (3A) and (4A), references to “4 years” are taken to mean “2 years or, if data is available to the project proponent for that period, 3 years” for an upgrade project applying this determination before the commencement of the Carbon Credits (Carbon Farming Initiative—Landfill Gas) Methodology Determination Variation 2021 that does not have 4 years of previous data.
Part 5—Reporting, record‑keeping and monitoring requirements
Note: Other reporting, record‑keeping and monitoring requirements are set out in regulations and rules made under the Act.
Division 1—Offsets report requirements
30 Operation of this Division
For paragraph 106(3)(a) of the Act, this Division sets out information that must be included in an offsets report about a landfill gas project that is an eligible offsets project.
31 Determination of certain factors and parameters
(1) If, in the circumstances described in paragraph 6(2)(b), a factor or parameter is defined or calculated for a reporting period by reference to an instrument or writing as in force from time to time, the offsets report about the project for the reporting period must include the following information for the factor or parameter:
(a) the versions of the instrument or writing used;
(b) the start and end dates of each use;
(c) the reasons why it was not possible to define or calculate the factor or parameter by reference to the instrument or writing as in force at the end of the reporting period.
(2) If a parameter is determined under section 34 for the purpose of working out the carbon dioxide equivalent net abatement amount for a landfill gas project for a reporting period, the offsets report about the project for the reporting period must include the following information for the parameter:
(a) the name of the parameter;
(b) the start and end dates of the non‑monitored period for which the parameter was determined;
(c) the value of the parameter and how that value was calculated;
(d) the reasons why the project proponent failed to monitor the parameter as required by the monitoring requirements.
31A Information about electricity generation that must be included in an offsets report
(1) If the project has used landfill gas to generate electricity during its second or only crediting period or periods—an offsets report for a reporting period must include the total number of calendar months that landfill gas has been used to generate electricity between the start of its second or only crediting period and the end of the reporting period.
Note: Under subsection 13A(3) any generation of electricity during 3 or more days in a calendar month means that month is a month in which electricity is generated from landfill gas and the months do not need to be consecutive. After generation has commenced, the generation is presumed to continue in the absence of evidence to the contrary.
(2) Subsection (1) does not apply to a restarting flaring project, but an offsets report for a reporting period for a restarting flaring project must indicate if landfill gas was used to generate electricity during the reporting period.
Division 2—Monitoring requirements
32 Operation of this Division
For paragraph 106(3)(d) of the Act, this Division sets out:
(a) requirements to monitor a landfill gas project that is an eligible offsets project (see section 33); and
(b) certain consequences if the project proponent fails to monitor the project as required (see section 34).
33 Requirements to monitor certain parameters
(1) The project proponent for a landfill gas project must monitor and determine a parameter set out in an item of the following table in accordance with the instructions in the item.
<table cellspacing="0" cellpadding="0" style="margin-left:5.65pt; border-collapse:collapse"><thead><tr><td colspan="6" style="width:404.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Monitored parameters</span></p></td></tr><tr><td style="width:3.15pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span></span></p></td><td style="width:53pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Parameter</span></p></td><td style="width:52.95pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Description</span></p></td><td style="width:45.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Unit</span></p></td><td style="width:102.6pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Measurement procedure (including frequency as required)</span></p></td><td style="width:93.3pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Determination of parameter from measurements</span></p></td></tr></thead><tbody><tr><td style="width:3.15pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:53pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Q</span><span style="font-size:6.67pt; vertical-align:sub">En,h</span></p></td><td style="width:52.95pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Energy content of the landfill gas sent to combustion device h</span></p></td><td style="width:45.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Gigajoules</span></p></td><td style="width:102.6pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Estimated under Division</span><span> </span><span>2.3.6 of the NGER (Measurement) Determination or section</span><span> </span><span>6.5 of that Determination using measurement criteria AAA.</span></p></td><td style="width:93.3pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Cumulative value for reporting period</span></p></td></tr><tr><td style="width:3.15pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:53pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>O</span><span style="font-size:6.67pt; vertical-align:sub">h,a</span></p></td><td style="width:52.95pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Operation of combustion device h during hour a</span></p></td><td style="width:45.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1 or 0</span></p></td><td style="width:102.6pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>If the combustion device is a flare, operation is determined for each minute using temperature measurement.</span></p><p class="Tabletext"><span>If temperature is measured at 500 degrees Celsius or higher for 40 minutes or more in an hour, then O</span><span style="font-size:6.67pt; vertical-align:sub">h,a</span><span> = 1. Otherwise O</span><span style="font-size:6.67pt; vertical-align:sub">h,a</span><span> = 0.</span></p><p class="Tabletext"><span>For all other combustion devices, operation for each minute is to be determined in accordance with manufacturer’s specifications.</span></p><p class="Tabletext"><span>If the device operates according to manufacturer’s specifications for the entire hour then O</span><span style="font-size:6.67pt; vertical-align:sub">h,a </span><span>= 1</span><span style="font-size:6.67pt; vertical-align:sub">.</span><span> Otherwise O</span><span style="font-size:6.67pt; vertical-align:sub">h,a</span><span> = 0.</span></p><p class="Tabletext"><span>All measuring equipment must be used in accordance with appropriate measuring requirements</span></p></td><td style="width:93.3pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>For the purpose of calculating M</span><span style="font-size:6.67pt; vertical-align:sub">com,h</span><span> in equation 7 (above), the value of O</span><span style="font-size:6.67pt; vertical-align:sub">h,a</span><span> determined for an hour based on the operation of the combustion device must be paired to the cumulative value of M</span><span style="font-size:6.67pt; vertical-align:sub">sent,h</span><span> for the same hour</span></p></td></tr><tr><td style="width:3.15pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>3</span></p></td><td style="width:53pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Q</span><span style="font-size:6.67pt; vertical-align:sub">LFG,h</span></p></td><td style="width:52.95pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Landfill gas sent to combustion device h</span></p></td><td style="width:45.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Cubic metres</span></p></td><td style="width:102.6pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Estimated under Division</span><span> </span><span>2.3.6 of the NGER (Measurement) Determination using measurement criteria AAA.</span></p><p class="Tabletext"><span>Frequency—continuously</span></p></td><td style="width:93.3pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>For equation 7, cumulative values for a time interval not greater than 1 hour must be paired to measurements of W</span><span style="font-size:6.67pt; vertical-align:sub">LFG,CH</span><span style="font-size:6.67pt; vertical-align:-3pt">4</span><span> for the time interval.</span></p><p class="Tabletext"><span>Otherwise, the measurements must be paired to measurements of W</span><span style="font-size:6.67pt; vertical-align:sub">LFG,CH</span><span style="font-size:6.67pt; vertical-align:-3pt">4</span><span> for the same measurement interval</span></p></td></tr><tr><td style="width:3.15pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>4</span></p></td><td style="width:53pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Q</span><span style="font-size:6.67pt; vertical-align:sub">EG,h</span></p></td><td style="width:52.95pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Electricity (supplied to the grid or used on</span><span>‑</span><span>site) generated by internal combustion engine h</span></p></td><td style="width:45.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Megawatt hour</span></p></td><td style="width:102.6pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Estimated under Part</span><span> </span><span>6.1 of the NGER (Measurement) Determination.</span></p><p class="Tabletext"><span>Measure only the electricity produced from the combustion of landfill gas (not from the combustion of other fuel types)</span></p></td><td style="width:93.3pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Cumulative value for the reporting period</span></p></td></tr><tr><td style="width:3.15pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5</span></p></td><td style="width:53pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>W</span><span style="font-size:6.67pt; vertical-align:sub">LFG,CH</span><span style="font-size:6.67pt; vertical-align:-3pt">4</span></p></td><td style="width:52.95pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Fraction of the volume of landfill gas that is methane</span></p></td><td style="width:45.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Fraction</span></p></td><td style="width:102.6pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Estimated under Division</span><span> </span><span>2.3.6 of the NGER (Measurement) Determination.</span></p><p class="Tabletext"><span>Frequency—continuously.</span></p><p class="Tabletext"><span>Measured at the same conditions as Q</span><span style="font-size:6.67pt; vertical-align:sub">LFG,h</span></p></td><td style="width:93.3pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>For the purpose of equation 7, average values for a time interval not greater than 1 hour must be paired to measurements of Q</span><span style="font-size:6.67pt; vertical-align:sub">LFG,h</span><span> for the time interval.</span></p><p class="Tabletext"><span>Otherwise, the measurements must be paired to measurements of Q</span><span style="font-size:6.67pt; vertical-align:sub">LFG,h</span><span> for the same measurement interval</span></p></td></tr></tbody></table>
(2) Any equipment or device used to monitor a parameter must be calibrated by an accredited third party technician at intervals, and using methods, that are in accordance with the manufacturer’s specifications.
(3) In this section:
appropriate measuring requirements, in relation to a measurement or estimate, means requirements that are consistent with:
(a) requirements that apply in relation to similar measurements or estimates under the NGER (Measurement) Determination; or
(b) relevant standards and other requirements under the National Measurement Act 1960.
34 Consequences of not meeting requirement to monitor certain parameters
(1) If, during a particular period (the non‑monitored period) in a reporting period, a project proponent for a landfill gas project fails to monitor a parameter mentioned in the following table as required by the monitoring requirements, the value of the parameter for the purpose of working out the net abatement amount for the reporting period is to be determined for the non‑monitored period in accordance with the table.
<table cellspacing="0" cellpadding="0" style="margin-left:5.65pt; border-collapse:collapse"><thead><tr><td colspan="3" style="width:404.8pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Consequence of not meeting requirement to monitor certain parameters</span></p></td></tr><tr><td style="width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Item</span></p></td><td style="width:137.55pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Parameter</span></p></td><td style="width:220.75pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Determination of parameter for non</span><span>‑</span><span>monitored period</span></p></td></tr></thead><tbody><tr><td style="width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:137.55pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>W</span><span style="font-size:6.67pt; vertical-align:sub">LFG,CH</span><span style="font-size:6.67pt; vertical-align:-3pt">4</span></p></td><td style="width:220.75pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The parameter is:</span></p><p class="Tablea"><span>(a) for any cumulative period of up to 3 months in any 12 months of a crediting period for the project—the amount set out in section</span><span> </span><span>5.14C of the NGER (Measurement) Determination multiplied by 0.9; and</span></p><p class="Tablea"><span>(b) for any period in excess of that 3 months—the amount set out section</span><span> </span><span>5.14C of the NGER (Measurement) Determination multiplied by 0.5</span></p></td></tr><tr><td style="width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:137.55pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Each of the following:</span></p><p class="Tablea"><span>(a) Q</span><span style="font-size:6.67pt; vertical-align:sub">En,h</span><span>;</span></p><p class="Tablea"><span>(b) Q</span><span style="font-size:6.67pt; vertical-align:sub">LFG,h</span><span>;</span></p><p class="Tablea"><span>(c) Q</span><span style="font-size:6.67pt; vertical-align:sub">EG,h</span><span>;</span></p></td><td style="width:220.75pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The project proponent must make a conservative estimate of the parameter having regard to:</span></p><p class="Tablea"><span>(a) any relevant measurement or estimation approaches or requirements that apply to the parameter under the NGER (Measurement) Determination; and</span></p><p class="Tablea"><span>(b) any relevant historical data for the project; and</span></p><p class="Tablea"><span>(c) any other data for the project that relates to the parameter; and</span></p><p class="Tablea"><span>(d) any other matter the project proponent considers relevant</span></p></td></tr></tbody></table>
(2) To avoid doubt, this section does not prevent the Regulator from taking action under the Act, or regulations or rules made under the Act, in relation to the project proponent’s failure to monitor a parameter as required by the monitoring requirements.
Note: Examples of action that may be taken include the following:
(a) if the failure constitutes a breach of a civil penalty provision in section 194 of the Act (which deals with project monitoring requirements), the Regulator may apply for a civil penalty order in respect of the breach;
(b) if false or misleading information was given to the Regulator in relation to the failure, the Regulator may revoke the project’s section 27 declaration under regulations or rules made for the purposes of section 38 of the Act;
(c) if the giving of false or misleading information in relation to the failure led to the issue of Australian carbon credit units, the Regulator may require all or some of those units to be relinquished under section 88 of the Act.