This section addresses compliance steps and practical monitoring points for the different actors the Act affects. Advice is limited to duties and mechanics in the statutory text.
For the Minister
- Annual climate change statement. Prepare the annual climate change statement within six months after the end of each financial year and ensure it covers each required topic (s12(1)(a)-(f)). Prepare for prompt tabling: the statement must be tabled in each House within five sitting days after completion (s12(3)). Practically, allow lead time to coordinate inputs from the Climate Change Authority, Climate Change Secretary, relevant portfolio agencies and the Environment Minister (where EPBC approvals are relevant).
- Respect “have regard to” obligations. Obtain Climate Change Authority advice for the annual statement and record how that advice was considered (s14(4)). If not accepting material aspects of written Authority advice, prepare a written statement of reasons and ensure tabling within five sitting days after completing the annual climate change statement (s14(7)(c)-(d)).
- Respond to advice on NDC targets. If the Authority provides written advice under s15(1), prepare a written response within six months and table it within 15 sitting days after preparation (s15(7)). Ensure the response addresses the social, employment and economic considerations flagged in the Authority’s advice (s15(1A)).
For the Climate Change Authority
- Public consultation. For the second and subsequent annual statements and for any NDC target advice, make provision for public consultation (ss14(3A), 15(3)). Document consultation processes and record inputs to satisfy transparency expectations and prepare for publication.
- Content requirements. Ensure written advice addresses safeguard emissions and net safeguard emissions relative to the safeguard outcomes in the NGER Act, takes into account expanded and new designated large facilities and emissions estimates under s15A, and explains alignment with Article 2 of the Paris Agreement when advising on NDC targets (ss14(1A), 15(1A), 15(3A)).
- Publication and tabling. Publish any written advice on the Authority’s website no later than the day the related annual statement is tabled, and cause copies to be tabled in each House within the statutory windows (s14(6)). Prepare administrative processes to manage publication timing that aligns with parliamentary sitting calendars.
For the Environment Minister and proponents of EPBC applications
- Emissions estimates. Where an action approved under the EPBC Act is likely to increase scope 1 emissions or produce a new designated large facility, and if an emissions estimate exists, ensure the estimate is transmitted as soon as practicable to the Minister, Climate Change Secretary and Climate Change Authority (s15A). Ensure emissions estimates are prepared and documented to a standard that will be usable by the Authority and the Minister for advice and reporting.
- Timing and satisfaction threshold. Recognise that s15A’s obligation is contingent on the Environment Minister being satisfied of the likely emissions impact; maintain records supporting the Minister’s satisfaction and the admissibility of the estimate.
For agencies implementing the Capacity Investment Scheme (if prescribed)
- Check instrument status. The Scheme is only to be implemented if prescribed by instrument under s33(1) of the Industry Research and Development Act 1986 (s15C(1)). Confirm whether such an instrument exists at commencement or has since been made.
- Achieve quantified outcomes. If the Scheme is prescribed, implement or administer arrangements designed to result, by the end of 2030, in at least 23 GW of renewable generation capacity and at least 9 GW of clean dispatchable capacity (s15C(1)). Document milestones, procurement practices and funding mechanisms in line with the Scheme’s objectives.
- Parliamentary approval for amendment. Be aware that any amending instrument varying or revoking the prescribing instrument for the Scheme does not take effect until approved by resolution of each House (s15D(1)). Plan for parliamentary timelines and potential delays in amending the Scheme.
For Parliamentarians and oversight bodies
- Use tabling deadlines to schedule scrutiny. The Act sets precise tabling timelines (ss12(3), 14(6)-(7), 15(7), 17(4)). Schedule committee inquiries and questions in relation to those disclosures to capitalise on statutory windows and to hold Ministers and the Authority to account.
- Track the first and subsequent reviews. The first independent review must be completed within five years of the section’s commencement; subsequent reviews every ten years (s17(5)-(6)). Reviews must provide for public consultation and be tabled.
For regulated industry (facilities and investors)
- Monitor published statements and advice. The Authority’s advice, the Minister’s annual statement and any Ministerial response are published and tabled on a defined timetable (ss12, 14, 15). These documents will contain information and policy direction that could inform business planning, investment and compliance under the NGER Act and related instruments.
- Engagement in consultations. The Authority is required to provide for public consultation on advice (ss14(3A), 15(3)). Industry participants should engage early in those consultation processes to influence the Authority’s recommendations.
- Prepare for downstream regulation under the NGER Act. Because the Act channels concern about safeguard emissions into advice about amendments to safeguard rules (s14(1A)(b)), businesses should be prepared for potential future amendments to safeguard rules implemented under the NGER Act. Track NGER Act rulemaking and consultations.
Administrative and recordkeeping practices to adopt
- Establish timelines and responsibility matrices to meet short tabling windows and publication duties.
- Maintain auditable records of how advice from the Climate Change Authority was considered in preparing statements (s14(4)) and of the factual basis for any decision not to accept material aspects of advice (s14(7)(c)-(d)).
- Ensure emissions estimates tied to EPBC actions are prepared to a consistent methodology so they can be transmitted under s15A and used effectively by the Authority and the Minister.
- Where the Capacity Investment Scheme is applicable, document how arrangements are designed to deliver the statutory capacity targets and how risk of non-delivery will be assessed and reported in the annual climate change statement (s15C(2)).
Compliance under this Act therefore demands administrative discipline, timely inter-agency coordination, transparent recordkeeping, active engagement with Authority consultations and attention to related rulemaking under the NGER Act and EPBC Act.