Commonwealth Consolidated Acts

NATIONAL GREENHOUSE AND ENERGY REPORTING ACT 2007 - SECT 24

Publication relating to greenhouse gas emissions, energy production and energy consumption

  (1)   The Regulator must, by 28   February in a financial year, publish the following on its website in relation to a registered corporation's group:

  (a)   totals of greenhouse gas emissions that are scope 1 emissions reported under Part   3 or 3F in relation to the corporation's group for the previous financial year;

  (b)   totals of greenhouse gas emissions that are scope 2 emissions reported under Part   3 or 3F in relation to the corporation's group for the previous financial year;

  (c)   the totals of net energy consumption for the corporation's group for the previous financial year.

  (1A)   In addition to publishing information for the corporation's group in accordance with subsection   (1), the Regulator may also publish on its website:

  (a)   totals of greenhouse gas emissions that are scope 1 emissions for:

  (i)   each member of the corporation's group; or

  (ii)   each business unit in relation to the corporation's group;

    reported under Part   3 or 3F in relation to the corporation's group for the previous financial year; and

  (b)   totals of greenhouse gas emissions that are scope 2 emissions for:

  (i)   each member of the corporation's group; or

  (ii)   each business unit in relation to the corporation's group;

    reported under Part   3 or 3F in relation to the corporation's group for the previous financial year; and

  (c)   the totals of net energy consumption for each member of the corporation's group, or each business unit in relation to the corporation's group, for the previous financial year; and

  (d)   the methods mentioned in paragraph   19(6)(b) or 22X(4)(b) that were used to measure:

  (i)   the totals for the corporation's group referred to in paragraphs   (1)(a) and (b); and

  (ii)   the totals of energy consumption reported under Part   3 or 3F in relation to the corporation's group for the previous financial year; and

  (e)   the rating given to each of those methods under the determination under subsection   10(3).

This subsection is subject to subsection   25(3).

  (1AD)   If a person gives the Regulator a report under section   22G in relation to a financial year, the Regulator must publish on its website, by 28   February next following the financial year:

  (a)   the greenhouse gas emissions that are scope 1 emissions (within the meaning of the regulations) set out in the report; and

  (b)   the greenhouse gas emissions that are scope 2 emissions (within the meaning of the regulations) set out in the report; and

  (c)   the net energy consumption derived from the report.

  (1AE)   In addition to publishing the matters mentioned in subsection   (1AD), the Regulator may also publish on its website:

  (a)   the methods mentioned in paragraph   22G(2)(b) that were used to measure the values for the facility concerned; and

  (b)   the rating given to each of those methods under the determination under subsection   10(3).

This subsection is subject to subsection   25(3).

  (1AF)   If the amount of greenhouse gas emitted, and the amount of energy produced, from the operation of a designated generation facility during a financial year is set out in a report under this Act for the financial year, the Regulator must publish those amounts on its website by 28   February next following the financial year.

  (1AG)   If the amounts of greenhouse gases emitted from the operation of 2 or more designated generation facilities during a financial year are set out in a report under this Act for the financial year, the Regulator must publish the total of those amounts on its website by 28   February next following the financial year.

  (1AH)   If the amounts of energy produced from the operation of 2 or more designated generation facilities during a financial year are set out in a report under this Act for the financial year, the Regulator must publish the total of those amounts on its website by 28   February next following the financial year.

Limitations

  (1B)   The Regulator must not publish information mentioned in subsection   (1) unless:

  (a)   the corporation's group meets a threshold mentioned in paragraph   13(1)(a) for the financial year covered by the report; and

  (b)   no application has been made under section   25 in relation to that information, or if such an application has been made, it has been refused.

  (1C)   However, if the Regulator accepts an application under section   25 in relation to information mentioned in subsection   (1), the Regulator may instead publish on its website the fact that the totals concerned fall within a specified range of values.

  (1F)   The Regulator must not publish information mentioned in subsection   (1AD) unless:

  (a)   no application has been made under section   25 in relation to that information; or

  (b)   if such an application has been made--it has been refused.

  (1G)   However, if the Regulator accepts an application under section   25 in relation to information mentioned in subsection   (1AD), the Regulator may instead publish on its website the fact that the values concerned fall within a specified range of values.

  (1H)   The Regulator must not publish information mentioned in subsection   (1AD) that is reported by a person under section   22G for a financial year in relation to a facility unless the operation of the facility during the financial year causes:

  (a)   emissions of greenhouse gases that have a carbon dioxide equivalence of 25 kilotonnes or more; or

  (b)   production of energy of 100 terajoules or more; or

  (c)   consumption of energy of 100 terajoules or more.

  (1J)   If the person was the holder of the relevant reporting transfer certificate in relation to the facility for a number of, but not all, days in the financial year (the control days ), paragraphs   (1H)(a), (b) and (c) have effect as though each amount mentioned in the relevant paragraph were replaced by the amount worked out using the following formula:

  (1K)   Subsection   (1H) does not apply to:

  (a)   greenhouse gas emissions; or

  (b)   energy production; or

  (c)   energy consumption;

unless the Minister has, under subsection   10(3), determined:

  (d)   methods by which the amounts of the emissions, production or consumption, as the case may be, are to be measured; or

  (e)   criteria for methods by which the amounts of emissions, production or consumption, as the case may be, are to be measured.

Publication relating to greenhouse gas projects

  (2)   The Regulator may publish on its website information relating to the greenhouse gas projects undertaken by a registered corporation, or a member of the corporation's group, if the information satisfies the requirements of regulations made for the purposes of this subsection. This subsection is subject to subsection   25(3).

Publication relating to offsets of greenhouse gas emissions

  (3)   The Regulator may publish on its website information relating to the offsets of greenhouse gas emissions by a registered corporation, or a member of the corporation's group, reported under section   21A if the information satisfies the requirements of regulations made for the purposes of this subsection. This subsection is subject to subsection   25(3).

Publication relating to the safeguard mechanism

  (3A)   If the total amount of covered emissions of greenhouse gases from the operation of a designated large facility during a financial year is set out in a report under this Act for the financial year, the Regulator must publish on its website by 15   April next following the financial year:

  (a)   that total amount; and

  (b)   the amount of those covered emissions that were carbon dioxide, methane and nitrous oxide; and

  (c)   the baseline emissions number for the facility for the financial year; and

  (d)   if safeguard mechanism credit units have been issued in relation to the facility and the financial year--the number of those units; and

  (e)   if a monitoring period for the facility ended during, or at the end of, the financial year--the following:

  (i)   the net emissions number for the facility for that period;

  (ii)   the number and type of prescribed carbon units (if any) surrendered for the purpose of reducing the net emissions number for the facility for that period;

  (iii)   if any of those units were Australian carbon credit units issued in respect of an eligible offsets project for a reporting period (within the meaning of the Carbon Credits (Carbon Farming Initiative) Act 2011 ) for the project--the methodology determination (within the meaning of that Act) that applied to the project for that period.

  (3B)   For each financial year between 1   July 2023 and 30   June 2030, the Regulator must publish on its website by 15   April next following the financial year:

  (a)   the safeguard emissions for the financial year; and

  (b)   the net safeguard emissions for the financial year; and

  (c)   the 5 - year rolling average safeguard emissions for the financial year; and

  (d)   the total safeguard emissions for all of the financial years between 1   July 2020 and the end of the financial year.

  (4)   Subsections   (3A) and (3B) do not limit the requirements that may be prescribed by the safeguard rules in relation to the publication of information.

Publication by States or Territories

  (5)   A State or Territory, or an authority of a State or Territory, may publish information disclosed to it under subsection   27(1) if the publication of the information is required under a law of the State or Territory.

  (5A)   A State or Territory, or an authority of a State or Territory, may publish information disclosed to it under subsection   27(1) if the information is in an aggregated form that does not disclose, either directly or indirectly, information about a specific:

  (a)   registered corporation; or

  (b)   registered corporation's group; or

  (c)   non - corporate entity; or

  (d)   facility.

Publication by other persons

  (6)   A person may publish greenhouse and energy information disclosed to it under Part   3 of the Clean Energy Regulator Act 2011 if the information is in an aggregated form that does not disclose, either directly or indirectly, information about a specific:

  (a)   registered corporation; or

  (b)   registered corporation's group; or

  (c)   non - corporate entity; or

  (d)   facility.

Net energy consumption

  (7)   For the purposes of subsections   (1) and (1A), net energy consumption for a financial year means energy consumption reported under Part   3 or 3F for the financial year, adjusted in accordance with the regulations.

  (8)   For the purposes of subsection   (1AD), the net energy consumption derived from a report under section   22G means the energy consumption set out in the report, adjusted in accordance with the regulations.