CTHRepealedLegislation
Clean Energy Regulations 2011
Division 48Production of nickel
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### Division 48—Production of nickel
348 (1) The production of nickel is the chemical and physical transformation of either or both of:
(a) nickel bearing inputs into intermediate nickel products, primary nickel products or cobalt products;
(b) intermediate nickel products into primary nickel products or cobalt products.
(2) The production of nickel is specified as an emissions‑intensive trade‑exposed activity.
(3) The production of nickel is a moderately emissions‑intensive activity.
(4) For the production of nickel, the basis for the issue of free carbon units is that the nickel is:
(a) measured, on a dry weight basis, by a tonne of:
(i) 100% equivalent nickel, contained in the following:
(A) primary nickel products produced from nickel bearing inputs;
(B) intermediate nickel products produced from nickel bearing inputs that are not subsequently transformed into primary nickel products at the same facility;
(C) primary nickel products produced from intermediate nickel products that have not been produced at the same facility; or
(ii) 100% equivalent cobalt, contained in cobalt products; and
(b) produced by carrying on the emissions‑intensive trade‑exposed activity; and
(c) of saleable quality.
> Note: Saleable quality is explained in Part 2.
(5) In this Division:
> cobalt products means:
(a) cobalt hydroxide (Co(OH)2) or cobalt oxyhydroxide (CoOOH) where the concentration of cobalt is at least 65% with respect to mass, measured on a dry weight basis; and
(b) cobalt (Co) where the concentration of cobalt is at least 99% cobalt with respect to mass, measured on a dry weight basis.
> intermediate nickel products means the following outputs of saleable quality from a nickel production process that are suitable for further refining:
(a) nickel matte where the concentration of nickel is at least 64% nickel with respect to mass, measured on a dry weight basis;
(b) mixed nickel‑cobalt hydroxide precipitate where the concentration of nickel is between 35% and 47% with respect to mass, measured on a dry weight basis;
(c) basic nickel carbonate (Ni3(CO3)(OH)4) where the concentration of nickel is between 40% and 45% with respect to mass, measured on a dry weight basis;
(d) nickel sulphide concentrate (NiS) where the concentration of nickel is between 6.5% and 29% with respect to mass, measured on a dry weight basis.
> nickel bearing inputs means mineralised nickel ores and low grade nickel waste products that require equivalent processing to mineralised nickel ores to produce intermediate or primary nickel products.
> primary nickel products means:
(a) basic nickel carbonate (Ni3(CO3)(OH)4) where the concentration of nickel is at least 50% nickel with respect to mass, measured on a dry weight basis; and
(b) nickel oxide (NiO) where the concentration of nickel is at least 78% nickel with respect to mass, measured on a dry weight basis; and
(c) nickel (Ni) where the concentration of nickel is at least 98% nickel with respect to mass, measured on a dry weight basis.