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CLEAN ENERGY ACT 2011 (NO. 131, 2011) - SECT 19

Simplified outline

                   The following is a simplified outline of this Part:

•       This Part sets out rules for:

               (a)     identifying the persons who are liable entities for a financial year (liable entities are liable to pay unit shortfall charge if they do not surrender sufficient eligible emissions units); and

              (b)     the provisional emissions numbers of those liable entities (provisional emissions numbers are used to work out the number of eligible emissions units that must be surrendered by a liable entity to avoid being liable to pay unit shortfall charge).

•       If a person is responsible for covered emissions of greenhouse gas from the operation of a facility during a financial year:

               (a)     the person is a liable entity for the financial year; and

              (b)     the number of tonnes of carbon dioxide equivalence of the gas is a provisional emissions number of the person for the financial year.

•       A person can be responsible for covered emissions of greenhouse gas from the operation of a facility because:

               (a)     the person has operational control of the facility; or

              (b)     the person is a participant in a designated joint venture that has the facility; or

               (c)     the person is the holder of a liability transfer certificate in relation to the facility.

•       A covered emission of greenhouse gas from the operation of a facility is a scope 1 emission (within the meaning of the National Greenhouse and Energy Reporting Regulations 2008 ), but does not include:

               (a)     emissions attributable to the combustion of certain fossil fuels; and

              (b)     emissions attributable to the combustion of biomass, biofuel or biogas; and

               (c)     agricultural emissions; and

              (d)     fugitive emissions from decommissioned underground mines; and

               (e)     emissions from legacy waste; and

               (f)     emissions from closed landfill facilities; and

               (g)     emissions of certain synthetic greenhouse gases.

•       If a natural gas supplier supplies natural gas during a financial year:

               (a)     the supplier is a liable entity for the financial year; and

              (b)     the number of tonnes of carbon dioxide equivalence of the potential greenhouse gas emissions embodied in the natural gas is a provisional emissions number of the supplier for the financial year.

•       If a natural gas supplier supplies an amount of natural gas to another person (the recipient ) who quotes the recipient's Obligation Transfer Number (OTN) in relation to the supply, the supply will not count towards the supplier's liability for the financial year.

•       If a person (the OTN holder ) quotes the OTN holder's OTN in relation to the supply of an amount of natural gas, the OTN holder may be a liable entity.

•       There is to be an Opt-in Scheme under which a designated opt-in person will be a liable entity because of the acquisition, manufacture or importation of taxable fuel.


 



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