79Consequences of not meeting requirement to monitor certain parameters
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79 Consequences of not meeting requirement to monitor certain parameters
If, during a particular period (the non-monitored period) in a reporting period for an eligible offsets project, the project proponent for the project fails to monitor a parameter mentioned in the following table as required by the monitoring requirements, the value of the parameter, for the purposes 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.
Consequence of not meeting requirement to monitor certain parameters
Item Parameter Determination of parameter for non-monitored period
1 WLFG, CH4 The parameter is, for a period of 3 months or more in any 12 months of a crediting period for the project:
the weighted average values of the 3 months immediately preceding the non-monitored period; or
0.30.
2 Each of the following:(a) QEn, h;(b) QLFG, h;(c) QEG, h;(d) QBM, k;(e) QBG, g;(f) QBG El, g; (g) QF, displacement, i; (h) QPE displacement. The project proponent must make a conservative estimate of the parameter, having regard to:(a) any relevant measurement or estimation approaches or requirements that apply to the parameter under the NGER (Measurement) Determination; (b) any relevant historical data for the project; (c) any other data for the project that relates to the parameter; and(d) any other matter the project proponent considers relevant.
To avoid doubt, this section does not prevent the Regulator from taking action under the Act or legislative rules 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:
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;
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 legislative rules made for the purposes of section 38 of the Act;
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.
Schedule 1—Determining regulatory proportion
Part 1—Operation of this Schedule
Section 79 - Carbon Credits (Carbon Farming Initiative—Reducing Methane Emissions from Landfill Gas) Methodology Determination 2025 - Consequences of not meeting requirement to monitor certain parameters | Zoe
1 Operation of this Schedule
(1) For the purposes of sections 49, 50 and 51, the regulatory proportion of the methane combusted or taken to be combusted for an eligible offsets project for a reporting period that would have been combusted without the project (WB, Reg) is determined, at the project proponent’s election, in accordance with any of Parts 2 to 4 of this Schedule.
No obligation on State or Territory environmental regulators
(2) To avoid doubt, this Schedule does not require a State or Territory environmental regulator to do anything.
Part 2—Regulatory proportion determined on basis of State or Territory licence conditions
2 References to State or Territory licence
In this Part, a reference to a State or Territory licence is a reference to the State or Territory licence in relation to the project landfill for the project, as in force at the end of the reporting period for which WB, Reg is worked out in accordance with this Part.
3 Operation of this Part
(1) This Part sets out methods for working out WB, Reg on the basis of certain conditions (the relevant conditions) included in the State or Territory licence.
(2) If the State or Territory licence includes only one relevant condition, WB,Reg is worked out by using the method that relates to that condition.
(3) If the State or Territory licence includes more than one relevant condition, WB,Reg is worked out by:
(a) using the method that relates to each of those conditions to work out a value for WB,Reg; and
(b) selecting the highest of those values.
(4) However, if the operation of subclause (2) or (3) results in WB,Reg being lower than WB, Def (worked out using whichever of equation 18, 19 or 20 is applicable), then WB,Reg is taken to be WB, Def.
(5) WB,Reg is also taken to be WB, Def if the State or Territory licence does not include any relevant conditions.
4 Reporting periods for which regulatory proportion must be worked out
(1) If this Part applies, WB, Reg must be worked out in accordance with clause 3 for the following reporting periods:
(a) the first reporting period for the project under this instrument;
(b) each reporting period in respect of which a change to a relevant condition included in the State or Territory licence would result in a different value for WB, Reg;
(c) each reporting period that starts 5 years after the start of the previous reporting period for which WB, Reg was worked out in accordance with clause 3.
(2) If WB, Reg is not required to be worked out for a reporting period under subclause (1), it is taken to have the same value for that reporting period as it had in the immediately previous reporting period.
5 Licence condition relating to methane concentration limit or methane flux rate
If a relevant condition specifies the permitted methane concentration limit or methane flux rate in relation to the project landfill, WB,Reg may be worked out using the following formula:
| W subscript B comma Reg | means the regulatory proportion of the methane combusted during the reporting period that would have been combusted without the project. |
| M subscript Reg | means the annual amount of methane that is permitted to be emitted from the project landfill, in tonnes CO2‑e, worked out using equation 33. |
| M subscript Gen comma y | means the methane generated by the project landfill in financial year y, in tonnes CO2‑e, worked out using equation 8. |
6 Licence condition relating to methane concentration limit or methane flux rate—annual amount of methane permitted to be emitted
For the purposes of clause 2, the annual amount of methane that is permitted to be emitted from the project landfill, in tonnes CO2‑e, is worked out using the following formula:
| M subscript Reg | means the annual amount of methane that is permitted to be emitted from the landfill site, in tonnes CO2‑e. |
| M subscript Reg comma FI | means the annual amount of methane that is permitted to be emitted from the final and intermediate cover of the project landfill, in tonnes CO2‑e, worked out using equation 34. |
| M subscript Reg comma D | means the annual amount of methane that is permitted to be emitted from the daily/operational cover of the project landfill, in tonnes CO2‑e, worked out in accordance with clause 8. |
7 Licence condition relating to methane concentration limit or methane flux rate—annual amount of methane permitted to be emitted from final and intermediate cover
(1) The annual amount of methane that is permitted to be emitted from the final and intermediate cover of the project landfill, in tonnes CO2‑e, is worked out using the following formula:
| M subscript Reg comma FI | means the annual amount of methane that is permitted to be emitted from the final and intermediate cover of the project landfill, in tonnes CO2‑e. |
| 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. |
| GWP subscript CH4 | means the global warming potential value for methane set out in regulation 2.02 of the National Greenhouse and Energy Reporting Regulations 2008. |
| S subscript x | means the area of the project landfill that is cover type x, in square metres. |
| C subscript x | means the permitted methane flux rate for the project landfill for cover type x, in tonnes of methane per square metre per hour, determined in accordance with subclause (2). |
| x | means the type of landfill cover, being either final cover or intermediate cover. |
(2) For the purposes of subclause (1), if the project landfill is subject to a relevant condition mentioned in column 1 of an item in the following table, the permitted methane flux rate for the project landfill for final cover or intermediate cover is the methane flux rate worked out in accordance with column 2 of that table item.
Permitted methane flux rate
If the relevant condition specifies … … the methane flux rate …
1 mandatory methane concentration limits for final cover and intermediate cover for the project landfill may be worked out by identifying the permitted methane flux rate, set out in the table in subclause (3), that corresponds to the mandatory methane concentration limit specified for the cover type (expressed as parts per million).
2 mandatory methane flux rates for the project landfill for final cover and intermediate cover is the rate specified for the cover type (expressed as tonnes per square meter per hour).
(3) The following table sets out permitted methane flux rates for the purposes of item 1 of the table in subclause (2).
Converting methane concentration limits to permitted methane flux rates
Item Methane concentration limit (CH4 ppm) Permitted methane flux rate estimated from the methane concentration limit (tCH4/m2/hr)
1 0 0
2 50 2.63E-06
3 60 3.16E-06
4 70 3.69E-06
5 80 4.21E-06
6 90 4.74E-06
7 100 5.27E-06
8 110 5.79E-06
9 120 6.32E-06
10 130 6.85E-06
11 140 7.37E-06
12 150 7.90E-06
13 160 8.43E-06
14 170 8.95E-06
15 180 9.48E-06
16 190 1.00E-05
17 200 1.05E-05
18 210 1.11E-05
19 220 1.16E-05
20 230 1.21E-05
21 240 1.26E-05
22 250 1.32E-05
23 260 1.37E-05
24 270 1.42E-05
25 280 1.47E-05
26 290 1.53E-05
27 300 1.58E-05
28 310 1.63E-05
29 320 1.69E-05
30 330 1.74E-05
31 340 1.79E-05
32 350 1.84E-05
33 360 1.90E-05
34 370 1.95E-05
35 380 2.00E-05
36 390 2.05E-05
37 400 2.11E-05
38 410 2.16E-05
39 420 2.21E-05
40 430 2.26E-05
41 440 2.32E-05
42 450 2.37E-05
43 460 2.42E-05
44 470 2.48E-05
45 480 2.53E-05
46 490 2.58E-05
47 500 2.63E-05
8 Licence condition relating to methane concentration limit or methane flux rate—annual amount of methane permitted to be emitted from daily/operational cover
The annual amount of methane that is permitted to be emitted from the daily/operational cover of the project landfill (MReg,D) is equivalent to parameter MGen,y, in tonnes CO2‑e, worked out using equation 8, where the calculation is based only on the waste sited vertically below the daily/operational cover.
9 Licence condition relating to landfill gas collection or release
If the project landfill is subject to a relevant condition mentioned in column 1 of an item in the following table, WB,Reg may be worked out in accordance with column 2 of that table item.
Permitted methane flux rate
If the licence condition specifies … … WB,Reg may be worked out by …
1 the proportion of landfill gas generation required to be collected (collection efficiency) treating that proportion as WB,Reg.
2 the proportion of landfill gas generation allowed to be released to the atmosphere subtracting that proportion from 1.
3 the annual amount of landfill gas required to be collected dividing that amount (expressed as tonnes CO2‑e) by the amount of methane generated by the project landfill in financial year y, in tonnes CO2‑e, that is equivalent to MGen,y, worked out using equation 8.
Part 3—Regulatory proportion determined by asking State or Territory environmental regulator
10 Regulatory proportion determined by asking State or Territory environmental regulator
(1) WB,Reg may be determined by requesting the State or Territory environmental regulator to inform the project proponent for the project, in writing, of the gas collection rate that correlates to the mandatory methane concentration limits specified for the project landfill in its State or Territory licence at the end of the reporting period for which WB,Reg is worked out in accordance with this Part.
(2) The term used by the State or Territory environmental regulator to express the gas collection rate must be converted to WB,Reg in accordance with the following table.
Converting quantitative regulatory requirements to collection efficiency
Item Term used by State or Territory environmental regulator Conversion to WB,Reg
1 Methane concentration limit, in parts per million methane WB,Reg is worked out in accordance with Part 2 of this Schedule (treating the term as a relevant condition specifying mandatory methane concentration limits)
2 Permitted flux rate, in tonnes methane per square meter per hour WB,Reg is worked out in accordance with Part 2 of this Schedule (treating the term as a relevant condition specifying mandatory methane flux rates)
3 Proportion of landfill gas generation required to be collected (collection efficiency) No conversion necessary (WB,Reg is as advised by the State or Territory environmental regulator)
4 Proportion of landfill gas generation allowed to be released to the atmosphere WB,Reg is worked out as 1 minus the proportion advised by the State or Territory environmental regulator
5 Annual amount of landfill gas required to be collected WB,Reg is worked out as the amount advised by the State or Territory environmental regulator, in tonnes CO2‑e, divided by the methane generated by the project landfill in financial year y, in tonnes CO2‑e, which is equivalent to MGen,y, worked out using equation 8
6 Other WB,Reg is worked out as the annual amount of landfill gas required to be collected, in tonnes CO2‑e, determined from the requirement advised by the State or Territory environmental regulator, divided by the methane generated by the project landfill in financial year y, in tonnes CO2‑e, which is equivalent to MGen,y, worked out using equation 8
Part 4—Regulatory proportion determined by independent expert
11 Regulatory proportion determined by independent expert
(1) WB,Reg may be determined by a person engaged, for that purpose, by the project proponent for the project.
(2) The person must:
(a) have no conflict of interest in relation to determining WB,Reg; and
(b) possess a relevant university degree; and
(c) have more than 3 years’ experience in:
(i) landfill management; and
(ii) the design and operation of landfill gas collection systems; and
(d) have extensive knowledge of the regulatory framework relevant to landfill gas management in the State or Territory in which the project landfill is located.
(3) In determining WB,Reg, the person must use the methane concentration limits specified for the project landfill in its State or Territory licence at the end of the reporting period for which WB,Reg is worked out in accordance with this Part.
(4) The person must give the project proponent written evidence that verifies:
(a) compliance with subclause (2); and
(b) the calculations, assumptions, information, inputs and references used to determine WB, Reg.