Commonwealth Numbered Regulations - Explanatory Statements
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NATIONAL GREENHOUSE AND ENERGY REPORTING AMENDMENT (REPORTING OBLIGATIONS) REGULATIONS 2018 (F2018L00873)
EXPLANATORY STATEMENT
Issued by authority of the Minister for the Environment and Energy
National Greenhouse and Energy Reporting Act 2007
National Greenhouse and Energy Reporting Amendment (Reporting Obligations) Regulations 2018
The National Greenhouse and Energy Reporting Act 2007 (the Act) provides a framework for the reporting of emissions, energy production and consumption in Australia. It also provides for the Safeguard Mechanism to place limits on the net emissions of the largest facilities in Australia.
Section 77 of the Act provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act. The National Greenhouse and Energy Reporting Regulations 2008 (the "NGER Regulations") have previously been made under this section.
The purpose of the National Greenhouse and Energy Reporting Amendment (Reporting Obligations) Regulations 2018 (the "Regulation") is to update the definition of "decommissioned underground mine" in regulation 1.03 of the NGER Regulations, which is relevant to how emissions from underground coal mines are reported under the Act. Details of the Regulation are outlined in Attachment A.
A statement of the Regulation's compatibility with human rights is set out in Attachment B.
The amendments were canvassed for public consultation as part of an exposure draft of the associated National Greenhouse and Energy Reporting (Measurement) Amendment (2018 Update) Determination 2018 (the "Measurement Amendment Determination"), which was released for public consultation on 30 May 2018. The draft Measurement Amendment Determination included the definition of "decommissioned underground mine" being included in the Regulation. Two submissions were received in response to public consultation, which did not result in any changes being made to the definition used in the Regulation.
ATTACHMENT A
Details of the National Greenhouse and Energy Reporting Amendment (Reporting Obligations) Regulations 2018 (the "Regulation")
Section 1 - Name of regulation
Section 1 provides that the title of the Regulation is the National Greenhouse and Energy Reporting Amendment (Reporting Obligations) Regulations 2018.
Section 2 - Commencement
Section 2 provides that the Regulation commences on 1 July 2018.
Section 3 - Authority
Section 3 provides that the Regulation is made under the National Greenhouse and Energy Reporting Act 2007 (the "NGER Act").
Section 4 - Schedules
Section 4 provides that each instrument that is specified in a Schedule to the Regulation is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to the Regulation has effect according to its terms.
Amendments
Schedule 1 - Amendments
Item 1 of Schedule 1 repeals and replaces the definition of "decommissioned underground mine" in regulation 1.03 of the National Greenhouse and Energy Reporting Regulations 2008 (the "NGER Regulations"). This reflects changes being made separately to the National Greenhouse and Energy Reporting (Measurement) Determination 2008 (the "NGER Measurement Determination"). The new definition removes the requirement for 12 months to have elapsed since the underground mine was decommissioned and removes the reference to the drainage of methane.
Item 2 of Schedule 1 inserts a regulation to ensure that the revised definition applies to reports for the financial year commencing 1 July 2018 and later financial years.
ATTACHMENT B
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
National Greenhouse and Energy Reporting Amendment (Reporting Obligations) Regulations 2018
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The National Greenhouse and Energy Reporting Amendment (Reporting Obligations) Regulations 2018 amends the National Greenhouse and Energy Reporting Regulations 2008 to update the definition of "decommissioned underground mine", consistent with the approach proposed for the National Greenhouse and Energy Reporting (Measurement) Determination 2008.
Human rights implications
This Legislative Instrument does not engage any of the applicable human rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
The Hon Josh Frydenberg MP
Minister for the Environment and Energy