Part 1
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Commonwealth legislation
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Direct links to the current provisions in Clean Energy Regulations 2011.
These Regulations are the Clean Energy Regulations 2011.
These Regulations commence on commencement of sections 3 to 303 of the Clean Energy Act 2011.
In these Regulations:
Act means the Clean Energy Act 2011.
ANREU Act means the Australian National Registry of Emissions Units Act 2011.
ANREU Regulations means the Australian National Registry of Emissions Units Regulations 2011.
CNG means compressed natural gas.
CO2‑e means carbon dioxide equivalence.
contact details, for a person, means the person’s:
(a) name; and
(b) phone number; and
(c) email address; and
(d) postal address.
designated opt‑in person, for the Opt‑in Scheme, has the meaning given in regulation 3.30.
fugitive emissions: see regulation 1.5.
identifying details, for a person, means:
(a) the person’s ABN; or
(b) if the person does not have an ABN—the person’s ACN; or
(c) if the person does not have an ABN or ACN—the person’s ARBN; or
(d) if the person does not have an ABN, ACN or ARBN—the person’s trading name and street address.
identifying information, for a facility, means the information required under paragraphs 4.04A(2)(a) to (h) of the NGER Regulations.
identifying information, for a person, means the following information:
(a) the person’s name and trading name (if any);
(b) the person’s identifying details;
(c) a statement about whether the person is an individual, a body corporate, a trust, a corporation sole, a body politic or a local governing body;
(d) if the person is an individual—the following:
(i) the person’s telephone number, email address and residential address;
(ii) if the person’s postal address is different from the person’s residential address—the person’s postal address;
(e) if the person is not an individual—the following:
(i) the postal address of the head office of the person;
(ii) the name, position, telephone number, email address and postal address of a contact person for the person;
(f) if the person is a body corporate that is not a foreign person—details of at least one executive officer (or equivalent) of the body corporate, including the officer’s name, telephone number, email address and postal address;
(g) if the person is a body corporate that is a foreign person—the details mentioned in paragraph (f) for the body corporate and the name of any Australian agent through which the person conducts business;
(h) if the person is a trust—the name, telephone number, email address and postal address of each trustee;
(i) if the person is a corporation sole—the name and address of the individual who makes up the corporation sole;
(j) if the person is a body politic or local governing body—the name, telephone number, email address and postal address of at least one officeholder of the body politic or local governing body;
(k) if the person is a body established under a law of the Commonwealth, a State or Territory (other than a general law allowing incorporation as a company or body corporate)—the following:
(i) the name of the legislation establishing the body;
(ii) the day the body was established;
(iii) whether the body is a Commonwealth, State or Territory body.
liquefied natural gas, or LNG, has the same meaning as liquefied natural gas in regulation 1.03 of the NGER Regulations.
liquefied petroleum gas, or LPG, has the same meaning as liquefied petroleum gas in regulation 1.03 of the NGER Regulations.
NGER Act means the National Greenhouse and Energy Reporting Act 2007.
NGER Regulations means the National Greenhouse and Energy Reporting Regulations 2008.
Note: Section 5 of the Act contains definitions for the purposes of the Act that also apply in these Regulations, including:
benchmark average auction charge
carbon unit
Climate Change Convention
controlling corporation
covered emission
declared designated joint venture
designated joint venture
eligible financial year
eligible international emissions unit
executive officer
facility
financial control
foreign person
free carbon unit
fuel tax credit
GST group
GST joint venture
Information Database
Jobs and Competitiveness Program
liability transfer certificate
liability transfer certificate
liable entity
liquid petroleum fuel
mandatory designated joint venture
non‑group entity
obligation transfer number or OTN
operational control.
participating percentage
person
registered holder
Registry account
Regulator
relevant operator
surrender
taxable fuel
unit shortfall charge
For the definition of applicable identification procedure in section 5 of the Act, the following procedure is the applicable identification procedure the Regulator must use in identifying a person: (a) the Regulator must review the person’s identifying information; and (b) the Regulator must be satisfied that the Regulator has complete and correct identifying information for the person.
(1) For the definition of fugitive emissions in section 5 of the Act, fugitive emissions means greenhouse gas emissions that are released in connection with, or as a consequence of, the extraction, processing, storage or delivery of fossil fuel. (2) However, fugitive emissions do not include emissions released from the combustion of fuel for the production of useable heat or electricity.
(1) For the definition of natural gas supply pipeline in section 5 of the Act, the kinds of pipelines mentioned in subregulation (2) are specified as pipelines that are not natural gas supply pipelines. (2) The pipelines are: (a) anything upstream of a connection point or (if there is no connection point) an exit flange on a pipeline conveying natural gas from a gas processing plant mentioned in column 1 of the table in Schedule 2; or (b) a gathering system operated as part of an upstream producing operation; or (c) anything downstream of a point on a pipeline from which a person takes natural gas for use. (3) In this regulation:
connection point, for a pipeline conveying natural gas from a gas processing plant, means a point mentioned in column 2 of the table in Schedule 2.
exit flange, for a pipeline conveying natural gas from a gas processing plant, means a flange mentioned in column 2 of the table in Schedule 2.
(1) For the definition of withdrawal, in relation to natural gas, in section 5 of the Act, a withdrawal of natural gas occurs when: (a) the natural gas exits from a point on a pipeline in relation to which: (i) the natural gas supplier that supplies that gas; or (ii) an agent of that natural gas supplier; or (iii) a person otherwise acting in accordance with an agreement entered into with that natural gas supplier; will ascertain the amount of that natural gas supplied to a person wholly or partly for use; or (b) the natural gas is combusted in machinery or equipment used to heat or compress natural gas within a natural gas supply pipeline. (1A) However, if the natural gas exits from a point on a pipeline in the circumstances in paragraph (1)(a), or is combusted in the circumstances in paragraph (1)(b), during the period between 1 July 2012 and 31 August 2012, a withdrawal of natural gas is taken to have occurred on 1 September 2012. (1B) There is no withdrawal of natural gas from a natural gas supply pipeline if the gas: (a) is supplied by a person who is the owner or operator of the pipeline; and (b) the supply is made under an agreement for the provision of a pipeline service. (2) To avoid doubt, natural gas is not withdrawn from a natural gas supply pipeline if the natural gas: (a) goes from the pipeline to an underground storage reservoir; or (b) goes between two natural gas supply pipelines; or (c) goes from a natural gas supply pipeline directly into the atmosphere. (3) In subregulation (1B), pipeline service means: (a) a service provided by means of a natural gas supply pipeline, including: (i) a haulage service (such as conveyance or reticulation of natural gas); and (ii) a service providing for, or facilitating, the interconnection of pipelines; and (b) a service ancillary to the provision of a service referred to in paragraph (a); but does not include the production, sale or purchase of natural gas.
For paragraph 6(a) of the Act, the supply of natural gas occurs at the time at which the gas is withdrawn from a natural gas supply pipeline.
(1) For subsection 7(2) of the Act, an electronic notice must be transmitted: (a) using the Regulator’s website; and (b) as an instruction in relation to a Registry account. (2) The electronic notice must be transmitted by either: (a) an individual who is a registered holder of the Registry account to which the notice relates; or (b) an authorised representative of the registered holder who has been given access to the Registry account under subregulation 31(2) of the ANREU Regulations.
If these Regulations require a person to provide a document, any document provided must be current at the time it is provided.
(1) This regulation applies if: (a) a person is required by these Regulations to provide a document; and (b) the document is not in English. (2) The person must provide an English translation of the document, which has been prepared and certified by an authorised translation service as a true copy of the original document. (3) In this regulation:
authorised translation service means a translation service accredited by the National Accreditation Authority for Translators and Interpreters Ltd.
If these Regulations require a person to provide a document, the person does not need to provide the document if: (a) the person has previously provided the document to the Regulator under: (i) the Act or these Regulations; or (ii) the NGER Act or NGER Regulations; or (iii) the ANREU Act or the ANREU Regulations; and (b) the document previously provided is current at the time it is required to be provided.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
These Regulations are the Clean Energy Regulations 2011.
These Regulations commence on commencement of sections 3 to 303 of the Clean Energy Act 2011.
In these Regulations:
Act means the Clean Energy Act 2011.
ANREU Act means the Australian National Registry of Emissions Units Act 2011.
ANREU Regulations means the Australian National Registry of Emissions Units Regulations 2011.
CNG means compressed natural gas.
CO2‑e means carbon dioxide equivalence.
contact details, for a person, means the person’s:
(a) name; and
(b) phone number; and
(c) email address; and
(d) postal address.
designated opt‑in person, for the Opt‑in Scheme, has the meaning given in regulation 3.30.
fugitive emissions: see regulation 1.5.
identifying details, for a person, means:
(a) the person’s ABN; or
(b) if the person does not have an ABN—the person’s ACN; or
(c) if the person does not have an ABN or ACN—the person’s ARBN; or
(d) if the person does not have an ABN, ACN or ARBN—the person’s trading name and street address.
identifying information, for a facility, means the information required under paragraphs 4.04A(2)(a) to (h) of the NGER Regulations.
identifying information, for a person, means the following information:
(a) the person’s name and trading name (if any);
(b) the person’s identifying details;
(c) a statement about whether the person is an individual, a body corporate, a trust, a corporation sole, a body politic or a local governing body;
(d) if the person is an individual—the following:
(i) the person’s telephone number, email address and residential address;
(ii) if the person’s postal address is different from the person’s residential address—the person’s postal address;
(e) if the person is not an individual—the following:
(i) the postal address of the head office of the person;
(ii) the name, position, telephone number, email address and postal address of a contact person for the person;
(f) if the person is a body corporate that is not a foreign person—details of at least one executive officer (or equivalent) of the body corporate, including the officer’s name, telephone number, email address and postal address;
(g) if the person is a body corporate that is a foreign person—the details mentioned in paragraph (f) for the body corporate and the name of any Australian agent through which the person conducts business;
(h) if the person is a trust—the name, telephone number, email address and postal address of each trustee;
(i) if the person is a corporation sole—the name and address of the individual who makes up the corporation sole;
(j) if the person is a body politic or local governing body—the name, telephone number, email address and postal address of at least one officeholder of the body politic or local governing body;
(k) if the person is a body established under a law of the Commonwealth, a State or Territory (other than a general law allowing incorporation as a company or body corporate)—the following:
(i) the name of the legislation establishing the body;
(ii) the day the body was established;
(iii) whether the body is a Commonwealth, State or Territory body.
liquefied natural gas, or LNG, has the same meaning as liquefied natural gas in regulation 1.03 of the NGER Regulations.
liquefied petroleum gas, or LPG, has the same meaning as liquefied petroleum gas in regulation 1.03 of the NGER Regulations.
NGER Act means the National Greenhouse and Energy Reporting Act 2007.
NGER Regulations means the National Greenhouse and Energy Reporting Regulations 2008.
Note: Section 5 of the Act contains definitions for the purposes of the Act that also apply in these Regulations, including:
benchmark average auction charge
carbon unit
Climate Change Convention
controlling corporation
covered emission
declared designated joint venture
designated joint venture
eligible financial year
eligible international emissions unit
executive officer
facility
financial control
foreign person
free carbon unit
fuel tax credit
GST group
GST joint venture
Information Database
Jobs and Competitiveness Program
liability transfer certificate
liability transfer certificate
liable entity
liquid petroleum fuel
mandatory designated joint venture
non‑group entity
obligation transfer number or OTN
operational control.
participating percentage
person
registered holder
Registry account
Regulator
relevant operator
surrender
taxable fuel
unit shortfall charge
For the definition of applicable identification procedure in section 5 of the Act, the following procedure is the applicable identification procedure the Regulator must use in identifying a person: (a) the Regulator must review the person’s identifying information; and (b) the Regulator must be satisfied that the Regulator has complete and correct identifying information for the person.
(1) For the definition of fugitive emissions in section 5 of the Act, fugitive emissions means greenhouse gas emissions that are released in connection with, or as a consequence of, the extraction, processing, storage or delivery of fossil fuel. (2) However, fugitive emissions do not include emissions released from the combustion of fuel for the production of useable heat or electricity.
(1) For the definition of natural gas supply pipeline in section 5 of the Act, the kinds of pipelines mentioned in subregulation (2) are specified as pipelines that are not natural gas supply pipelines. (2) The pipelines are: (a) anything upstream of a connection point or (if there is no connection point) an exit flange on a pipeline conveying natural gas from a gas processing plant mentioned in column 1 of the table in Schedule 2; or (b) a gathering system operated as part of an upstream producing operation; or (c) anything downstream of a point on a pipeline from which a person takes natural gas for use. (3) In this regulation:
connection point, for a pipeline conveying natural gas from a gas processing plant, means a point mentioned in column 2 of the table in Schedule 2.
exit flange, for a pipeline conveying natural gas from a gas processing plant, means a flange mentioned in column 2 of the table in Schedule 2.
(1) For the definition of withdrawal, in relation to natural gas, in section 5 of the Act, a withdrawal of natural gas occurs when: (a) the natural gas exits from a point on a pipeline in relation to which: (i) the natural gas supplier that supplies that gas; or (ii) an agent of that natural gas supplier; or (iii) a person otherwise acting in accordance with an agreement entered into with that natural gas supplier; will ascertain the amount of that natural gas supplied to a person wholly or partly for use; or (b) the natural gas is combusted in machinery or equipment used to heat or compress natural gas within a natural gas supply pipeline. (1A) However, if the natural gas exits from a point on a pipeline in the circumstances in paragraph (1)(a), or is combusted in the circumstances in paragraph (1)(b), during the period between 1 July 2012 and 31 August 2012, a withdrawal of natural gas is taken to have occurred on 1 September 2012. (1B) There is no withdrawal of natural gas from a natural gas supply pipeline if the gas: (a) is supplied by a person who is the owner or operator of the pipeline; and (b) the supply is made under an agreement for the provision of a pipeline service. (2) To avoid doubt, natural gas is not withdrawn from a natural gas supply pipeline if the natural gas: (a) goes from the pipeline to an underground storage reservoir; or (b) goes between two natural gas supply pipelines; or (c) goes from a natural gas supply pipeline directly into the atmosphere. (3) In subregulation (1B), pipeline service means: (a) a service provided by means of a natural gas supply pipeline, including: (i) a haulage service (such as conveyance or reticulation of natural gas); and (ii) a service providing for, or facilitating, the interconnection of pipelines; and (b) a service ancillary to the provision of a service referred to in paragraph (a); but does not include the production, sale or purchase of natural gas.
For paragraph 6(a) of the Act, the supply of natural gas occurs at the time at which the gas is withdrawn from a natural gas supply pipeline.
(1) For subsection 7(2) of the Act, an electronic notice must be transmitted: (a) using the Regulator’s website; and (b) as an instruction in relation to a Registry account. (2) The electronic notice must be transmitted by either: (a) an individual who is a registered holder of the Registry account to which the notice relates; or (b) an authorised representative of the registered holder who has been given access to the Registry account under subregulation 31(2) of the ANREU Regulations.
If these Regulations require a person to provide a document, any document provided must be current at the time it is provided.
(1) This regulation applies if: (a) a person is required by these Regulations to provide a document; and (b) the document is not in English. (2) The person must provide an English translation of the document, which has been prepared and certified by an authorised translation service as a true copy of the original document. (3) In this regulation:
authorised translation service means a translation service accredited by the National Accreditation Authority for Translators and Interpreters Ltd.
If these Regulations require a person to provide a document, the person does not need to provide the document if: (a) the person has previously provided the document to the Regulator under: (i) the Act or these Regulations; or (ii) the NGER Act or NGER Regulations; or (iii) the ANREU Act or the ANREU Regulations; and (b) the document previously provided is current at the time it is required to be provided.
These Regulations are the Clean Energy Regulations 2011.
These Regulations commence on commencement of sections 3 to 303 of the Clean Energy Act 2011.
In these Regulations:
Act means the Clean Energy Act 2011.
ANREU Act means the Australian National Registry of Emissions Units Act 2011.
ANREU Regulations means the Australian National Registry of Emissions Units Regulations 2011.
CNG means compressed natural gas.
CO2‑e means carbon dioxide equivalence.
contact details, for a person, means the person’s:
(a) name; and
(b) phone number; and
(c) email address; and
(d) postal address.
designated opt‑in person, for the Opt‑in Scheme, has the meaning given in regulation 3.30.
fugitive emissions: see regulation 1.5.
identifying details, for a person, means:
(a) the person’s ABN; or
(b) if the person does not have an ABN—the person’s ACN; or
(c) if the person does not have an ABN or ACN—the person’s ARBN; or
(d) if the person does not have an ABN, ACN or ARBN—the person’s trading name and street address.
identifying information, for a facility, means the information required under paragraphs 4.04A(2)(a) to (h) of the NGER Regulations.
identifying information, for a person, means the following information:
(a) the person’s name and trading name (if any);
(b) the person’s identifying details;
(c) a statement about whether the person is an individual, a body corporate, a trust, a corporation sole, a body politic or a local governing body;
(d) if the person is an individual—the following:
(i) the person’s telephone number, email address and residential address;
(ii) if the person’s postal address is different from the person’s residential address—the person’s postal address;
(e) if the person is not an individual—the following:
(i) the postal address of the head office of the person;
(ii) the name, position, telephone number, email address and postal address of a contact person for the person;
(f) if the person is a body corporate that is not a foreign person—details of at least one executive officer (or equivalent) of the body corporate, including the officer’s name, telephone number, email address and postal address;
(g) if the person is a body corporate that is a foreign person—the details mentioned in paragraph (f) for the body corporate and the name of any Australian agent through which the person conducts business;
(h) if the person is a trust—the name, telephone number, email address and postal address of each trustee;
(i) if the person is a corporation sole—the name and address of the individual who makes up the corporation sole;
(j) if the person is a body politic or local governing body—the name, telephone number, email address and postal address of at least one officeholder of the body politic or local governing body;
(k) if the person is a body established under a law of the Commonwealth, a State or Territory (other than a general law allowing incorporation as a company or body corporate)—the following:
(i) the name of the legislation establishing the body;
(ii) the day the body was established;
(iii) whether the body is a Commonwealth, State or Territory body.
liquefied natural gas, or LNG, has the same meaning as liquefied natural gas in regulation 1.03 of the NGER Regulations.
liquefied petroleum gas, or LPG, has the same meaning as liquefied petroleum gas in regulation 1.03 of the NGER Regulations.
NGER Act means the National Greenhouse and Energy Reporting Act 2007.
NGER Regulations means the National Greenhouse and Energy Reporting Regulations 2008.
Note: Section 5 of the Act contains definitions for the purposes of the Act that also apply in these Regulations, including:
benchmark average auction charge
carbon unit
Climate Change Convention
controlling corporation
covered emission
declared designated joint venture
designated joint venture
eligible financial year
eligible international emissions unit
executive officer
facility
financial control
foreign person
free carbon unit
fuel tax credit
GST group
GST joint venture
Information Database
Jobs and Competitiveness Program
liability transfer certificate
liability transfer certificate
liable entity
liquid petroleum fuel
mandatory designated joint venture
non‑group entity
obligation transfer number or OTN
operational control.
This is an opening excerpt, not the complete document.