Ozone Protection and Synthetic Greenhouse Gas Management (Non-grandfathered Quota—2026-2027) Determination 2025

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Commonwealth Coat of Arms of Australia

 

Ozone Protection and Synthetic Greenhouse Gas Management (Non-grandfathered Quota—2026-2027) Determination 2025

I, Bronwyn Battisson, delegate for the Minister for the Environment and Water, make the following determination.

Dated   9 July 2025  

Bronwyn Battisson

Acting Branch Head

Wildlife, Waste and Environmental Permits Branch

Department of Climate Change, Energy, the Environment and Water

 

 

 

 

Contents

1  Name

2  Commencement

3  Authority

4  Definitions

5  Simplified outline

6  Entitlement

7  Amount

 

 

1  Name

  This instrument is the Ozone Protection and Synthetic Greenhouse Gas Management (Non-grandfathered Quota—2026-2027) Determination 2025.

2  Commencement

  This instrument commences on the day after it is registered.

3  Authority

  This instrument is made under subregulation 51(4) of the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995.

4  Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) CO2e megatonnes; and

(b) HFC quota.

Note: A number of expressions used in this instrument are defined in the Regulations, including the following:

(a) non-grandfathered quota; and

(b) HFC quota allocation period.

  In this instrument:

Act means the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989.

CO2e means carbon dioxide equivalent.

CO2e tonne means 1/1,000,000 of a CO2e megatonne.

eligible applicant means a person who is entitled to non-grandfathered quota for the HFC quota allocation period 2026-2027 pursuant to subregulation 51(1) of the Regulations, other than the Commonwealth.

Note: For entitlement to non-grandfathered quota, see subregulation 51(1) of the Regulations.

eligible applicant entitlement amount means the amount equal to:

(the non-grandfathered HFC industry limit - 130 CO2e tonnes)

÷

the number of eligible applicants who apply for non-grandfathered quota under section 6(a)

non-grandfathered HFC industry limit means 0.2125 CO2e megatonnes.

Note: The non-grandfathered HFC industry limit is the non-grandfathered percentage (5%) of the HFC industry limit (4.25 CO2e megatonnes) for the years in the fifth HFC quota allocation period.

Regulations means the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995.

5  Simplified outline

This instrument specifies who is entitled to non-grandfathered quota for the fifth HFC quota allocation period (2026 and 2027) and the amount of the non-grandfathered quota to which a person is entitled. The non-grandfathered quota is allocated as follows: (a) the Department of Climate Change, Energy, the Environment and Water, on behalf of the Commonwealth, is entitled to 130 CO2e tonnes; and (b) the remaining non-grandfathered HFC industry limit is divided evenly between the eligible applicants.  

6  Entitlement

For the purposes of paragraph 51(4)(a) of the Regulations, a person is entitled to non-grandfathered quota for each of the years 2026 and 2027 if:

1.     the person is an eligible applicant and that person makes an application for non-grandfathered quota; or
2.     the person is the Commonwealth, as represented by the Department of Climate Change, Energy, the Environment and Water.

 

7  Amount

 For the purposes of paragraph 51(4)(b) of the Regulations, the amount of

non-grandfathered quota to which a person is entitled for each of the years 2026 and 2027 is:

1.     for an eligible applicant – the eligible applicant entitlement amount; or
2.     for the Commonwealth, as represented by the Department of Climate Change, Energy, the Environment and Water – 130 CO2e tonnes.