NGER-EERS workshops 2018-19 Reporting under the National Greenhouse and Energy Reporting Act 2007 (NGER Act)
Program for today NGER Run through of the scheme and covering a variety of topics such as legislation, facilities, activities, and compliance. Morning tea @ 10:30 EERS demonstration Finish @ 12:30 Reporting under the National Greenhouse and Energy Reporting Act 2007 (NGER Act) 2
Introduction
Who we are > The Clean Energy Regulator was established on 2 April 2012 as an independent statutory authority > We operate as part of the Environment portfolio > Our role is determined by climate change law > we administer schemes set by law, we do not make the law or develop policy > we work closely with our portfolio agencies, for example, the Department of the Environment and Energy, who are responsible for developing the policies relating to the schemes that we administer Reporting under the National Greenhouse and Energy Reporting Act 2007 (NGER Act) 4
The Clean Energy What we do Regulator administers a number of schemes which work together to reduce emissions while encouraging business competiveness Reporting under the National Greenhouse and Energy Reporting Act 2007 (NGER Act) 5
Our responsibilities > Our responsibilities include: > providing education and information on the schemes that we administer > monitoring, facilitating and enforcing compliance with each scheme > collecting, analysing, assessing, providing and publishing information and data > ensuring the integrity of the carbon and renewables economic markets > accrediting auditors for the schemes we administer > working with other law enforcement and regulatory bodies Reporting under the National Greenhouse and Energy Reporting Act 2007 (NGER Act) 6
Online resources available The Clean Energy Regulator has a range of online resources to assist with reporting including: > Basic reporting and sector specific guidelines > Emissions and energy reporting system (EERS) training videos > Frequently asked questions ( FAQs ) > Calculators Available here: http://www.cleanenergyregulator.gov.au/NGER/Forms-and-resources Reporting under the National Greenhouse and Energy Reporting Act 2007 (NGER Act) 7
NGER legislation
Legislation The National Greenhouse and Energy Reporting Act 2007 (principal legislation, sets out reporting framework and obligations) The National Greenhouse and Energy Reporting Regulations 2008 (NGER Regulations) outlines what needs to be reported in terms of facilities, fuels, activities, and other information. The National Greenhouse and Energy Reporting (Measurement) Determination 2008 (NGER Determination) contains the methods and calculations for estimating energy and emissions data. Reporting under the National Greenhouse and Energy Reporting Act 2007 (NGER Act) 9
NGER data – what is it used for Reporting under the National Greenhouse and Energy Reporting Act 2007 (NGER Act) 10
NGER reporting obligations By 31 October each year, all > registered controlling corporations (section 19 report) > reporting transfer certificate (RTC) holders (section 22G report) > responsible members, parties to a 22X agreement (section 22X report) must provide the Clean Energy Regulator with a report under the NGER Act. Reporting under the National Greenhouse and Energy Reporting Act 2007 (NGER Act) 11
NGER reporting obligations In relation to a controlling corporation, the report (section 19 emissions and energy report) contains data relating to the > scope 1 emissions > scope 2 emissions > energy production, and > energy consumption from the facilities under its operational control and under the operational control of members of its corporate group. The amount of information required will differ, depending on which threshold the controlling corporation has met. Reporting under the National Greenhouse and Energy Reporting Act 2007 (NGER Act) 12
NGER thresholds Facility thresholds Corporate group thresholds The facility thresholds are: • 25 kt or more of greenhouse gases (CO 2 -e) • production of 100 TJ or more of energy, or • consumption of 100 TJ or more of energy. The corporate group thresholds are: • 50 kt or more of greenhouse gases (CO2-e) • production of 200 TJ or more of energy, or • consumption of 200 TJ or more of energy. Reporting under the National Greenhouse and Energy Reporting Act 2007 (NGER Act) 13
Controlling corporation section 19 reporting obligations Facility thresholds met : report will only contain data in relation to those facilities that meet a facility threshold. Corporate group threshold met : report contains data relating to the activities of all facilities, regardless of whether the individual facilities meet the facility thresholds. No thresholds met : ‘below threshold’ report must still be supplied. NGER Emissions and Energy Threshold Calculator available from website. Reporting under the National Greenhouse and Energy Reporting Act 2007 (NGER Act) 14
Operational control
Operational control A controlling corporation registers and reports in relation to facilities under its operational control and under the operational control of its group members. An entity will have operational control over a facility if it has the authority to introduce and implement any or all of the following for the facility: > operating policies > health and safety policies > environmental policies Reporting under the National Greenhouse and Energy Reporting Act 2007 (NGER Act) 16
Operational control Where more than one entity meets these criteria for a facility: The entity that has the greatest authority to introduce and implement the operating, health and safety and environmental policies, is the entity with operational control, for reporting purposes. Reporting under the National Greenhouse and Energy Reporting Act 2007 (NGER Act) 17
Corporate structure • controlling corporation • group member • facility types
Controlling corporations A controlling corporation is a constitutional corporation that does not have an Australian incorporated holding company > generally is the corporation at the top of its corporate group in Australia > a foreign company (ie one that is incorporated overseas), that does business directly in Australia (and not through an Australian incorporated subsidiary), can also be a controlling corporation. Reporting under the National Greenhouse and Energy Reporting Act 2007 (NGER Act) 19
Group members A group member may consist of > A controlling corporation > Subsidiaries ‘Subsidiary’ is defined in the Corporations Act 2001. A controlling corporation can be the only member of its corporate group. A foreign controlling corporation’s subsidiaries aren’t included in its group. Reporting under the National Greenhouse and Energy Reporting Act 2007 (NGER Act) 20
Facility types
Facilities A facility is an activity, or a series of activities (including ancillary activities) that: > involve the production of greenhouse gas emissions, the production of energy or the consumption of energy, and > form a single undertaking or enterprise and meet the requirements of the regulations NGER Defining Facilities Guideline available from website. Reporting under the National Greenhouse and Energy Reporting Act 2007 (NGER Act) 22
Facilities The NGER Regulations state that an activity or series of activities will form part of a single undertaking or enterprise where they > occur at a single site (regulation 2.16) > are listed activities (regulation 2.17 or 2.18) that can be attributed to the activities that occur at the main site > are transport sector activities (regulation 2.19), or > are electricity, gas, water, sewerage or telecommunications activities (regulation 2.20) Reporting under the National Greenhouse and Energy Reporting Act 2007 (NGER Act) 23
NGER facility types in EERS > Facility > single site facilities > transport facilities > Facility - Network – Pipeline > only used if facility crosses state/territory border > Facility Aggregate > two or more smaller facilities, in the same industry sector – covered in depth later today Reporting under the National Greenhouse and Energy Reporting Act 2007 (NGER Act) 24
Reporting structure
Reporting structure All reports are prepared in the Emissions and Energy Reporting System (EERS). > Your organisation’s EERS account is created at the time of registration > Access given to the NGER Contact Person and Executive Officer on the application > Login via the Client Portal on the Clean Energy Regulator’s website Reporting under the National Greenhouse and Energy Reporting Act 2007 (NGER Act) 26
Reporting structure When preparing a section 19 report, controlling corporations should review and update their reporting structures by > adding any new group members > removing group members that are no longer part of their corporate group or no longer affected group members, and > ensuring that facilities are correctly set up as being under the operational control of the correct group member. Reporting under the National Greenhouse and Energy Reporting Act 2007 (NGER Act) 27
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