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Securing a clean energy future: Implementing the Clean Energy Legislation Stakeholder information note

November 2011

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Contents The way ahead ........................................................................................................................................ 5 Clean Energy Legislation - Who is doing what? ...................................................................................... 8 Clean Energy Legislation ......................................................................................................................... 9 Regulations ........................................................................................................................................... 10 Resources and guidance ....................................................................................................................... 11 Clean Energy Regulator ......................................................................................................................... 12 Climate Change Authority ..................................................................................................................... 13 Appendix 1A The Clean Energy Legislative Package and related legislation ........................................ 15 Appendix 1B Measures being delivered administratively or through other legislation ....................... 18 Appendix 2A Clean Energy Regulations – Proposed consultation process and timeframes ................ 21 Appendix 2B Clean Energy Regulations required after 1 July 2012 ...................................................... 28 Appendix 2C Clean Energy Regulations - Precautionary regulation powers not required at this stage .............................................................................................................................................................. 29

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The way ahead The Government is implementing the carbon pricing mechanism, providing household assistance and rolling out clean energy and energy efficiency initiatives. This information note explains how this will happen. In the coming months, the Government will implement the carbon pricing mechanism and related reforms, coordinated by the Department of Climate Change and Energy Efficiency. This will provide time to put in place administrative arrangements to implement the mechanism, and ensure that liable businesses and other entities have as much time as possible to prepare for carbon pricing. 10 July 2011 28 July – 22 August 2011 13 September 2011 September – November 2011 8 November 2011 2 April 2012

Before 1 July 2012

1 July 2012

From 1 July 2012 onwards 20 March 2013 1 July 2013

By 31 May 2014

1 January 2014

Securing a clean energy future: The Australian Government’s climate change plan Public engagement on the Package and discussions with key stakeholders and legal experts The Government introduced the Package into the Parliament The Package was considered by the Parliament and drafts of key regulations were published The Package was passed by the Parliament and awaits the Royal Assent The Clean Energy Regulator is established

The Government prepares, seeks views on and finalises regulations to be made under the Package which are needed for it to start on 1 July 2012 The Government sets up the Climate Change Authority and the Land Sector Carbon and Biodiversity Board First household assistance payments made through the Clean Energy Advance in May-June 2012, to help households get ready for the carbon price Start of the carbon pricing mechanism and the start of the first fixed charge year (the charge is set at $23.00) Start of excise and fuel tax credit changes to implement an effective carbon price The Climate Change Authority is established Start of the Jobs and Competitiveness Program and the Energy Security Fund Tax cuts and a range of other household assistance measures take effect Ongoing implementation, awareness raising and education about the carbon price mechanism and its links to the Carbon Farming Initiative Introduction of the Clean Energy Supplement for pensioners, Newstart Allowance and Seniors Supplement recipients Start of the second fixed charge year (the charge is set at $24.15) Start of the Opt-in Scheme for liquid transport fuels Introduction of Clean Energy Supplement for Family Tax Benefit recipients The Government must table in Parliament regulations specifying the pollution cap numbers for the first five flexible charge years of the carbon pricing mechanism (eligible financial years beginning on 1 July 2015, 1 July 2016, 1 July 2017, 1 July 2018 and 1 July 2019) Introduction of the Clean Energy Supplement for Youth Allowance recipients

1 July 2014

Start of the third fixed charge year (the charge is set at $25.40)

1 July 2015

Start of the flexible price period The Government must have tabled regulations specifying the pollution cap numbers for eligible financial years beginning on 1 July 2020; if these do not take effect a default cap applies

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By 1 July each year thereafter

The Government must table regulations specifying the pollution cap numbers for the eligible financial year beginning five years later; if these do not take effect a default cap will apply

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Clean Energy Legislation - Who is doing what? The Government is implementing the Clean Energy Legislative Package and a range of related programs, which will be delivered administratively. Further information about those programs will be published shortly. Agency

Primary legislative responsibility

Department of Climate Change and Energy Efficiency

Carbon pricing mechanism Carbon Farming Initiative, Carbon Farming Skills Program, Indigenous Carbon Farming Fund Australian National Registry of Emissions Units Jobs and Competitiveness Program Energy Security measures Clean Energy Regulator Climate Change Authority

The Treasury

Fuel tax system changes Tax treatment of units Income tax reforms, small business instant asset write-off Clean Energy Finance Corporation Energy Security Council

Australian Taxation Office

Administering fuel tax system changes Tax treatment of units Administering income tax reforms, small business instant asset write-off

Australian Competition and Consumer Commission

Investigating and dealing with false and misleading claims about the impacts of the carbon pricing mechanism

Australian Securities and Investments Commission

Financial market regulation and the carbon pricing mechanism

Department of Families, Housing, Community Services and Indigenous Affairs

Household assistance measures

Department of Human Services

Administering the new household assistance measures

Investigating and dealing with false and misleading claims about the impacts of the carbon pricing mechanism in financial services and markets

Centrelink Department of Veterans Affairs Department of Education, Employment and Workplace Relations Department of Sustainability, Environment, Water, Population and Communities

Synthetic greenhouse gases

Department of Resources, Energy and Tourism

Australian Renewable Energy Agency

Department of Innovation, Industry, Science and Research

Steel Transformation Plan

Land Sector Carbon and Biodiversity Board Biodiversity Fund

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Clean Energy Legislation The Clean Energy Legislative Package was passed on 8 November 2011. It sets out the way that Australia will introduce a carbon price to reduce Australia’s carbon pollution and move to a clean energy future. The legislation: •

implements the carbon pricing mechanism, as outlined in Securing a clean energy future: The Australian Government’s climate change plan, for Australia to reduce carbon pollution and move to a clean energy future;

sets out how the carbon pricing mechanism will be run, and what businesses will have to do;

links the carbon price to the Carbon Farming Initiative and to credible schemes overseas;

provides for assistance to emissions intensive and trade exposed industries through the Jobs and Competitiveness Program and to electricity generators to ensure energy security;

excludes emissions from agriculture, the land sector, and the combustion of biomass, biofuels and biogas from the mechanism;

sets up a Clean Energy Regulator to administer the carbon pricing mechanism, the National Greenhouse and Energy Reporting Scheme, the Renewable Energy Target and the Carbon Farming Initiative;

sets up an independent Climate Change Authority, which will advise the Government on the setting of carbon pollution caps and periodic review of the carbon pricing mechanism and other climate change laws;

applies an effective carbon price to transport fuels used in rail, shipping and aviation (fuels used by motorists and in light commercial vehicles are excluded), to off-road use of transport fuels by businesses (other than in the agricultural, forestry and fishery industries), and to synthetic greenhouse gases;

provides a refundable tax offset for conservation tillage equipment; and

gives assistance to those Australian households that need it most, including pensioners and low and middle income earners.

More information about each Act in the Package and related climate change initiatives is set out in Appendices 1A and 1B.

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Regulations Practical aspects of the carbon pricing mechanism will be implemented through legislative instruments, including regulations. The regulations needed for the start of the mechanism on 1 July 2012 will be made in the next six months. The Government is developing regulations to set out the detailed design of key elements of the mechanism. It has already released some draft regulations for public comment, and further draft regulations will be released in later in 2011. The Government proposes to make regulations as follows: Issues covered by the regulations

When is consultation proposed to occur?

When are the regulations proposed to be made?

Assistance to coal-fired electricity generators Landfill coverage

September-October 2011

November–December 2011

Jobs and Competitiveness Program

September-October 2011

Before 1 March 2012

Australian National Register of Emissions Units Regulations

November 2011

November-December 2011

Regulations on National Greenhouse and Energy Reporting Scheme, natural gas coverage, obligation transfer numbers, joint ventures, liability transfer certificates, significant holdings of units, record keeping, administrative issues and international unit surrender charge

Late 2011 and early 2012

March-May 2012

Regulations on fuel tax, the Opt-in Scheme and auctions

March-June 2012

June-September 2012

Regulations on eligible international unit surrender

Mid 2012

Late 2012

Appendix 2A describes in more detail the regulations contemplated by the legislation, with details of the process by which they will be made. Some regulations are not needed for the mechanism to start, and are either required later or if they prove necessary at a future time. These regulationmaking powers are set out in Appendices 2B and 2C.

Why are regulations needed? Regulations are made by the Governor-General on the recommendation of the Government, and provide flexibility in applying laws to businesses and individuals. Regulations can be necessary to give effect to a law or allow for future changes in circumstances to be taken into account, without the need to go back to Parliament and amend the law every time a change needs to be made. Does Parliament have a say in making regulations? The Parliament has the power to disallow regulations after they are made. This way, regulations remain subject to Parliamentary scrutiny. 10


Resources and guidance Liable entities have access to information and tools to assist them in understanding the carbon pricing mechanism and the Carbon Farming Initiative. In the coming months, we will provide more resources and activities to assist liable entities. The Government will continue to work closely with businesses, local councils, farmers and others to build awareness of the mechanism, the Carbon Farming Initiative, and clean energy and energy efficiency opportunities. In the coming months, the following activities are planned: Activity Factsheets on key elements of the carbon price mechanism – visit www.cleanenergyfuture.gov.au Information and resources on NGERS – visit www.climatechange.gov.au/reporting Additional resources, including guidance, workshops and other materials – to be developed and published over the coming months, in line with the finalisation of specific design details of the mechanism and the setting up of the Regulator. This information will be made available on www.climatechange.gov.au

The Clean Energy Regulator will start work on 2 April 2012. As well as setting up the regulatory framework, its main priorities will be building awareness and understanding of the carbon pricing mechanism to ensure that liable entities understand their obligations and are able to comply with the legislation. The Treasury, the Australian Taxation Office and the Australian Customs and Border Protection Service will implement changes to the fuel tax system to apply an equivalent carbon price to specific transport fuels.

For more information or assistance, visit www.climatechange.gov.au or call 1800 057 590.

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Clean Energy Regulator The Clean Energy Regulator will start work on 2 April 2012. It will be a statutory authority that will administer the carbon pricing mechanism, National Greenhouse and Energy Reporting Scheme, the Renewable Energy Target and the Carbon Farming Initiative. The Government is setting up the Clean Energy Regulator and work is on track to ensure that all functions are ready on 1 July 2012. Key responsibilities of the Clean Energy Regulator: Carbon pricing mechanism Carbon Farming Initiative Australian National Registry of Emissions Units National Greenhouse and Energy Reporting Scheme Renewable Energy Target

Between now and 2 April 2012 when the Clean Energy Regulator starts work, the existing regulatory arrangements for the National Greenhouse and Energy Reporting Scheme, the Renewable Energy Target and the Carbon Farming Initiative will continue as they are now. During the setting up of the Clean Energy Regulator, the Department will engage with industry and other entities on compliance issues and resources for the start of the carbon pricing mechanism on 1 July 2012. The process for setting up the Clean Energy Regulator is as follows: Milestone

Timing

Advertisement of positions for the Clean Energy Regulator Chair and members

22 October 2011

Announcement of the inaugural Chair and members of the Clean Energy Regulator

Early 2012

The Clean Energy Regulator is established

2 April 2012

The Regulator will be a statutory agency, based in Canberra. It will be made up of a Chair (who will also be the Chief Executive Officer) and between two and four expert members, who will be supported by staff. It is set up by the Clean Energy Regulator Act 2011.

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Climate Change Authority The Climate Change Authority will start work on 1 July 2012. The Authority will advise the Government on the setting of carbon pollution caps and conduct periodic reviews of the carbon pricing mechanism and other climate change laws. The Government will be responsible for all policy The Government has started the process of setting up the Climate Change Authority. Responsibilities of the Climate Change Authority: Make recommendations on pollution caps Make recommendations on the indicative national trajectory and carbon budget Advise on progress on the reduction of Australia’s emissions to meet national targets Advise on the role of the price floor and the price ceiling beyond the first three years of the flexible charge period Conduct regular reviews of, and make recommendations about, the mechanism, the National Greenhouse and Energy Reporting Scheme, the Renewable Energy Target and the Carbon Farming Initiative Make recommendations on a robust methodology to recognise voluntary emissions reduction action by households Conduct reviews and made recommendations on other matters as requested by the Minister or the Parliament Conduct or commission independent research and analysis into climate change or other matters relevant to its functions

The process for setting up the Climate Change Authority is as follows: Milestone

Timing

Announcement of the inaugural chair of the Climate Change Authority, Mr Bernie Fraser

July 2011

Appointment of the members of the Climate Change Authority

Early 2012

The Climate Change Authority starts work

1 July 2012

The Authority will be a statutory agency. It will be made up of a Chair, the Chief Scientist for Australia and up to seven expert members, who are supported by staff. It is set up by the Climate Change Authority Act 2011.

Land Sector Carbon and Biodiversity Board The Land Sector Carbon and Biodiversity Board will advise the Government on matters supported by the Biodiversity Fund and the progress on other land sector initiatives. Its members will be appointed in late 2011 to commence work immediately.

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Appendix 1A The Clean Energy Legislative Package and related legislation Which Act?

What does it cover?

When will it be law?

Clean Energy Act 2011

This is the central Act of the Package. It sets up the carbon pricing mechanism (the mechanism) and deals with assistance for emissionsintensive trade-exposed industries (the Jobs and Competitiveness Program) and the coal-fired electricity generation sector. It contains rules for who is covered, the Opt-in Scheme as well as what sources of carbon pollution are included, the obligation to surrender emissions units, caps on the amount of carbon pollution from 1 July 2015, international linking, monitoring, enforcement, appeal and review provisions.

Passed by Parliament on 8 November 2011 with commencement before 1 July 2012

Clean Energy Regulator Act 2011

This Act sets up the Clean Energy Regulator as a statutory authority that will administer the carbon pricing mechanism, National Greenhouse and Energy Reporting Scheme, the Renewable Energy Target and the Carbon Farming Initiative

Passed by Parliament on 8 November 2011 with commencement before 1 July 2012 The Regulator will start work on 2 April 2012

Climate Change Authority Act 2011

This Act sets up the Climate Change Authority, which will advise the Government on the setting of carbon pollution caps and periodic review of the carbon pricing mechanism and other climate change laws.

Passed by Parliament on 8 November 2011. The Authority will be set up on 1 July 2012

The Act 2011 also sets up the Land Sector Carbon and Biodiversity Board, which will advise on the implementation of land sector measures.

The Board will be set up following passage of the legislation

This Act makes amendments to other laws to ensure that the mechanism is integrated with existing laws, regulatory schemes and processes. It includes changes that ensure:

Passed by Parliament on 8 November 2011

Clean Energy (Consequential Amendments) Act 2011

the National Greenhouse and Energy Reporting Scheme (NGERS) supports the mechanism;

the Australian National Registry of Emissions Units covers the mechanism, as well as the Carbon Farming Initiative (CFI);

the Regulator covers the mechanism, CFI, the Renewable Energy Target and NGERS;

the Regulator and Authority are set up as statutory agencies and regulated by public accountability and financial management rules;

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Different parts of this Act 2011 will start at different times, depending on the element of the mechanism to which they relate


Which Act?

What does it cover?

When will it be law?

that carbon units and their trading are covered by laws on financial services and regulated by ASIC;

that activities related to emissions trading are covered by laws on money laundering and fraud;

synthetic greenhouse gases are covered by an effective carbon price by extending existing regulation of those substances;

the taxation treatment of emissions units for the purposes of GST and income tax is clear; and

the Regulator can work with other regulatory bodies, including ASIC, the ACCC and Austrac.

Clean Energy (Unit Shortfall Charge—General) Act 2011 Clean Energy (Unit Issue Charge—Auctions) Act 2011 Clean Energy (Unit Issue Charge—Fixed Charge) Act 2011 Clean Energy (Charges—Excise) Act 2011 Clean Energy (Charges—Customs) Act 2011 Clean Energy (International Unit Surrender Charge) Act 2011 Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Amendment Act 2011 Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Amendment Act 2011

These are procedural Acts, which deal with the way in which charges are paid under the mechanism. They comply with the requirements of section 55 of the Constitution.

Passed by Parliament on 8 November 2011 with commencement before 1 July 2012

Clean Energy (Fuel Tax Legislation Amendment) Act 2011 Clean Energy (Excise Tariff Legislation Amendment) Act 2011 Clean Energy (Customs Tariff Amendment) Act 2011

These Acts cover:

Passed by Parliament on 8 November 2011 with commencement before 1 July 2012

imposing an effective carbon price on aviation and non-transport gaseous fuels through excise and customs tariffs

reducing the business fuel tax credit entitlement of non-exempted industries for their use of liquid and gaseous transport fuels, in order to provide an effective carbon price on business through the fuel tax system.

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Which Act?

What does it cover?

When will it be law?

Clean Energy (Household Assistance Amendments) Act 2011 Clean Energy (Tax Laws Amendments) Act 2011 Clean Energy (Income Tax Rates Amendments) Act 2011

On 10 July 2011 the Government announced household assistance measures to help Australians adjust to a low emissions economy on 10 July 2011. These Acts will make law the household assistance measures, including:

Passed by Parliament on 8 November 2011 with commencement before 1 July 2012 where assistance commences on 1 July 2012. Most of the funding initiatives will be delivered as part of the 2012 Budget process.

higher payments to pensioners, veterans, self-funded retirees and families, assistance to aged-care residents and new assistance through the Essential Medical Equipment Payment, the Low Income Supplement and the Single Income Family Supplement;

tax cuts to assist low and middle income families, by tripling the tax free threshold from $6,000 to $18,200 in 2012-13 and adjusting the first two marginal tax rates; and

a further increase in the tax-free threshold from $18,200 to $19,400 in 2015-16.

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Appendix 1B Measures being delivered administratively or through other legislation What is the initiative?

What does it cover?

When will it be law?

Support for innovation in renewable energy and clean energy

The Government will introduce legislation to deliver assistance to promote the development and adoption of new low emissions and energy efficient technologies. The Government announced the detail of these changes on 10 July 2011. These bills will make law these measures, including:

The legislation implementing the CEFC and ARENA will be passed before 1 July 2012. The ARENA legislation will be passed in 2011. The CEFC legislation will take into account the report of the Chair on the investment mandate and detailed governance arrangements for the CEFC. Most of the funding initiatives will be delivered as part of the Budget process.

the Clean Energy Finance Corporation (CEFC), which will invest in the development of new renewable energy, energy efficiency and low emissions technologies and the transformation of existing manufacturing businesses to help them meet demand for these new activities; and

the Australian Renewable Energy Agency (ARENA), which will be a new independent statutory agency responsible for funding new renewable energy projects. It will take over existing national renewable energy initiatives. A number of the industry and business assistance measures are also designed to promote innovation in clean energy (see below).

Industry and business assistance

The Government will deliver assistance to help businesses adjust to a low emissions economy and take advantage of the opportunities that this will create for them. The Government announced the detail of these changes on 10 July 2011. Specific bills will make law: •

the Steel Transformation Plan to assist Australia’s steelmakers adjust to a low emissions economy – legislation was introduced into the Parliament on 13 September 2011;

• an increase the small business instant asset write-off threshold to $6,500 for depreciating assets; The Government will also administratively implement: •

grants to industry associations and non-government organisations to deliver information about energy efficiency to small and medium businesses and community organisations;

the Clean Technology Investment Program to deliver grants for manufacturing businesses to investing energy efficiency capital equipment and low emissions technologies, processes and products;

the Clean Technology Food and Foundries Investment Program to deliver grants for metal forging, foundry and food businesses to invest in energy efficiency capital equipment and low emissions technologies, processes and products;

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The Steel Transformation Plan Bill 2011 will be passed in 2011. The legislation implementing these changes will start before 1 July 2012 where the relevant body or program starts on 1 July 2012. Most of the funding initiatives will be delivered as part of the Budget process.


What is the initiative?

Household and community assistance

What does it cover?

When will it be law?

the Clean Technology Innovation Program to deliver grants for research into innovation in low emissions technologies, processes and products;

the Clean Energy Skills Program to deliver funding to education providers on new workplace skills to deliver low emissions technologies, processes and products; and

the Clean Technology Focus for Supply Chains Program to deliver funding to promote and assist businesses to reduce the emissions intensity of supply chain logistics; and

the Coal Sector Jobs Package to assist the most emissions-intensive coal mines and Coal Mining Abatement Technology Support Package to assist the coal industry implement abatement technologies

The Government will assist people and communities adjust to a low emissions economy and take advantage of the opportunities that this will create for them through: •

an expansion of the Low Carbon Communities Program) which will assist low-income households increase their energy efficiency and reduce energy costs, and will support local government and community organisations to assist them;

improved advice to households on energy efficiency and clearer information on government assistance; and

the Remote Indigenous Energy Program to deliver financial support to build renewable energy generation in around 55 remote indigenous communities.

Funding initiatives will be delivered as part of the Budget process.

Transport measures

Mandatory vehicle emissions standards will be introduced to significantly reduce the average CO2 emissions for light vehicles in Australia.

Regulations to introduce the new standard are being developed.

Regional structural adjustment assistance

The Government will set up a Regional Structural Adjustment Assistance program to make funding available to assist regions strongly affected by the introduction of a carbon price.

Funding initiatives will be delivered as part of the Budget process.

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What is the initiative?

What does it cover?

When will it be law?

Land sector measures

The Government will deliver a wide range of measures to help rural communities benefit from the carbon market and support restoration and protection of biodiverse landscapes. These measures include:

Most of the funding initiatives will be delivered as part of the Budget process.

the CFI Non-Kyoto Carbon Fund to purchase non-Kyoto compatible CFI carbon credits, which cannot be used to meet liabilities under the carbon price mechanism;

the Carbon Farming Futures Fund to deliver funding, with the advice of the Land Sector Carbon and Biodiversity Board, to help land managers benefit from abatement and sequestration practices by encouraging research, developing better estimation methods, funding on-farm abatement, fostering greater awareness of abatement and sequestration practices and the conservation tillage tax offset;

the Biodiversity Fund to deliver funding, with the advice of the Land Sector Carbon and Biodiversity Board, to restore and protect biodiverse carbon stores;

the Regional Natural Resources Management Planning for Climate Change Fund to help regional NRM organisations update plans to consider the impacts of climate change and maximise the benefits of biodiverse carbon stores and carbon farming projects;

the Indigenous Carbon Farming Fund to support indigenous communities who are interested in implementing carbon farming projects;

the Carbon Farming Skills Initiative to ensure that landholders can access credible, high quality advice and carbon services;

the removal by regulation of native forest wood waste from eligible renewable energy sources under the Renewable Energy Target with transitional arrangements for existing accredited power stations.

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Appendix 2A Clean Energy Regulations – Proposed consultation process and timeframes Regulation-making power

Description of regulations

Proposed consultation period (if required before exposure draft)

Proposed publication of exposure draft (if required)

Proposed finalisation of regulations

Jobs and Competitiveness Program

Consultation on draft regulations took place between 20 September and 28 October 2011.

Sep-Oct 2011

Feb 2012

Further consultations will take place on the new draft regulations, including supplementary allocations for LNG sector.

21 Sep28 Oct 2011 New draft including LNG provisions available in Nov-Dec 2011

Consultation on draft regulations took place between 20 September and 13 October 2011.

Sep-Oct 2011

Nov 2011

The Regulations are being finalised.

21 Sep 13 Oct 2011

Treatment of landfill

Sections 23, 24, 25, 32, 32A, Clean Energy Act 2011

Regulations setting the prescribed distance to 0km will be made and all waste will be allowed to be ‘categories of eligible waste’.

The NGER Measurement Determination will be amended to determine the amount of legacy emissions and exempt landfill emissions from a landfill facility.

Not required – decision announced

No release required for regulation NGER Measurement Determination in Oct-Dec 2011

Regulation made in Dec 2011. NGER Measurement Determination made in JanMar 2012

The regulations will deal with the prescribed percentage relating to facilities in Joint Petroleum Development Area and/or Greater Sunrise unit area.

Early 2012

Mar-Apr 2012

May 2012

Part 7, Section 116 (buy-back), Clean Energy Act 2011 Coal-fired electricity generators Part 8, Clean Energy Act 2011

JPDA/Greater Sunrise Sections 26, 27, 28, Clean Energy Act 2011

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Regulation-making power

Description of regulations

Proposed consultation period (if required before exposure draft)

Proposed publication of exposure draft (if required)

Proposed finalisation of regulations

Amendments to NGER regulations

The regulations will deal with definitions of fugitive emissions and decommissioned underground mines.

Nov-Dec 2011

Dec 2011-Feb 2012

Apr 2012

Section 10(1)(a) – NGER Regulations 2.23

The regulations will deal with the definition of scope 1 emissions.

Not required

Dec 2011-Feb 2012

Apr 2012

Sections 11B, 11C, 15A, 15AA, 18B, 54A, 55A, NGER Act 2007 (NGER Regs 2.082.13, 3.02, Division 3.4, Division 6.2)

The regulations will deal with information in National Greenhouse and Energy Reporting Act 2007 (NGER Act) registration application forms, including: o the nominated person when 2 or more persons have operational control of facility, or trust with multiple trustees; o applications by liable entities and prospective liable entities; o applications by non-group entities in relation to declaration of facilities and declarations of operational control; and o application for deregistration.

Not required

Dec 2011-Feb 2012

Apr 2012

Section 16 (Division 3.3), NGER Act 2007

The regulations will deal with matters to be included in National Greenhouse and Energy Register

Not required

Not required

May 2012

New sections 22A, 22AA, 22B, 22C, 22E, 22F, 22X, 22XA, NGER Act 2007

The regulations will deal with reporting obligations under NGERS, including information to be provided and record-keeping requirements.

Not required

Dec 2011-Feb 2012

Apr 2012

New section 74AA, NGER Act 2007

The regulations will deal with audits and audit reports, including: o the emissions number threshold above which audit is required; o matters relating to conduct of audits and reports, and o the manner of submitting reports to Regulator.

Not required

Dec 2011-Feb 2012

Apr 2012

Section 24, NGER Act 2007

The regulations will deal with energy consumption publication requirements.

Nov-Dec 2011

Dec 2011-Feb 2012

Apr 2012

Section 5, Clean Energy Act 2011

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Regulation-making power

Description of regulations

Proposed consultation period (if required before exposure draft)

Proposed publication of exposure draft (if required)

Proposed finalisation of regulations

NGER Reg 5.02

The regulations will deal with disclosure of information (for coal-fired electricity generators).

Not required

Not required

Dec 2011

NGER Regs 1.03, 2.02, 2.04, 2.05, 2.07, 4.29; Division 4.3, NGER Act 2007

The regulations will deal with other consequential amendments to ensure consistency between Clean Energy Act 2011 and NGER Act definitions.

Not required

Dec 2011

May 2012

Natural gas Sections 5,6, Clean Energy Act 2011

The regulations will deal with the definition of what is not a natural gas supply pipeline; the withdrawal of natural gas; and the point at which supply of natural gas occurs.

Nov-Dec 2011

Dec 2011-Feb 2012

Apr 2012

Sections 7B, 13(1A), NGER Act 2007

The regulations will deal with default and prescribed alternative methods of determining emissions embodied in natural gas

Nov-Dec 2011

Dec 2011-Feb 2012

Apr 2012

Liability – OTNs

The regulations will deal with Obligation Transfer Numbers, including information, documents; application fee; fee for supplying copy; information to be supplied in quotation; information to be specified in acceptance of quotation.

Nov-Dec 2011

Dec 2011-Feb 2012

Apr 2012

The regulations will deal with: o application for declaration (voluntarily designated JV; participating percentage determination) – information and documents to be supplied; o additional requirements to be met before Regulator can approve; o other rules to be applied if share of goods, or share of access to services, don’t apply.

Nov-Dec 2011

Dec 2011-Feb 2012

Apr 2012

Sections 38, 46, 48, 59, 60, Clean Energy Act 2011

Liability – Joint Ventures Sections 68, 70, 74, 78, Clean Energy Act 2011

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Regulation-making power

Description of regulations

Proposed consultation period (if required before exposure draft)

Proposed publication of exposure draft (if required)

Proposed finalisation of regulations

Liability - Liability transfer certificate

The regulations will deal with: o information and documents to be supplied (corporate group test, financial control test); o other requirements to be met before Regulator can approve; o alternative grounds for cancellation; and o grounds for deeming second person (not operator) to have financial control

Nov-Dec 2011

Dec 2011-Feb 2012

Apr 2012

The regulations will deal with the requirements for notification of significant holding of carbon units—controlling corporations, non-group entities, including information to be included in notification.

Nov-Dec 2011

Dec 2011-Feb 2012

Apr 2012

Sections 227, Clean Energy Act 2011

The regulations will deal with record-keeping requirements.

Nov-Dec 2011

Dec 2011-Feb 2012

Apr 2012

Sections 5, Clean Energy Act 2011

The regulations will deal with amendments to NGER Regulations and other definitional regulations relating to the applicable identification procedure.

Nov-Dec 2011

Dec 2011-Feb 2012

Apr 2012

Sections 7, Clean Energy Act 2011

The regulations will deal with notices transmitted to the Regulator by means of an electronic communication - encryption and authentication of identity.

Not required

Dec 2011-Feb 2012

Apr 2012

Sections 106, Clean Energy Act 2011

The regulations will deal with the evidence required for transmission of carbon units by operation of law etc.

Not required

Dec 2011-Feb 2012

Apr 2012

Sections 81, 83, 85, 87, 90, 92, Clean Energy Act 2011

Other administrative regulations Sections 218, 219, Clean Energy Act 2011

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Regulation-making power

Description of regulations

Proposed consultation period (if required before exposure draft)

Proposed publication of exposure draft (if required)

Proposed finalisation of regulations

International unit surrender charge

The charge will apply only in the first three flexible charge years: 2015-2016, 2016-17 and 2017-18.

Nov-Dec 2011

Feb-Mar 2012

May 2012

The regulations will deal with the design of the Opt-in Scheme. The Opt-in Scheme commences from 1 July 2013.

Late 2011early 2012

Apr 2012

May-Jun 2012

The regulations and a legislative instrument will deal with the detailed design of the auction process.

Early 2012

Mid-2012

Prior to first auction being held (to be announced)

The regulations will deal with: o restrictions on the surrender of eligible international emissions units; o actions to be taken by Regulator in case of surrender of eligible international emissions units from recognised under international agreements (as defined in section 5 of the Clean Energy Act 2011)

Not required

Mid 2012

Late 2012

Section 111 Clean Energy Act 2011 and section 8 Clean Energy (International Unit Surrender Charge) Act 2011 Fuel opt-in Sections 92A-92F, , Clean Energy Act 2011 Determination on auction policies, procedures and rules Sections 111, 113, Clean Energy Act 2011 How eligible emissions units are surrendered Sections 122, 123, Clean Energy Act 2011

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Regulation-making power

Description of regulations

Proposed consultation period (if required before exposure draft)

Proposed publication of exposure draft (if required)

Proposed finalisation of regulations

ANREU Act 2011

The ANREU Regulations are currently published in draft and the consultation period will end on 14 November 2011.

Not required

Technical amendments – not required Other amendments – Mar 2012 (will be based on Oct 2011 CFI draft)

Technical amendments – Feb 2012 Other amendments – May-Jun 2012 (will be based on CFI Act provisions as finalised in Dec 2012)

Corporations regulations

The regulations relate to the treatment of emissions units as financial products.

Not required

Nov-Dec 2011

Mar 2012 (will be based on CFI provisions of ACCUs as finalised in Dec 2011)

SGG regulations

The regulations will relate to the coverage of specific uses of Synthetic Greenhouse Gases by the equivalent carbon price.

Nov 2011 – Feb 2012

Not required

Apr 2012

The regulations will deal with technical amendments dealing with gaseous fuels

Not required

Not required

Apr-Jun 2012

Ozone Protection and SGG Management Act 1989 (as amended) Fuel tax – excise regulations

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Regulation-making power

Description of regulations

Proposed consultation period (if required before exposure draft)

Proposed publication of exposure draft (if required)

Proposed finalisation of regulations

Household assistance

EMEP – Nov 2011

Not required

Apr-May 2012 sittings

Social Security Act 1991, Veterans’ Entitlements Act 1986, Military Rehabilitation and Compensation Act 2004, A New Tax System (Family Assistance) Act 1999, A New Tax System (Family Assistance) (Administration) Act 1999

These include instruments which: o deal with payments of the Clean Energy Advance; o determine an administrative scheme for paying Clean Energy Advance to an Approved Care Organisation who receives Family Tax Benefit; o determine a method for working out the order of reduction of the Family Tax Benefit rate components, including Clean Energy Supplement; o relate to qualifying medical equipment, and conditions relating to the Essential Medical Equipment payment (EMEP) for additional heating and/or cooling requirements.

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Appendix 2B Clean Energy Regulations required after 1 July 2012 Regulation making power

Content

Proposed timing

Section 14, Clean Energy Act 2011

Regulations on pollution caps

The first set of regulations should be made before 31 May 2014

Section 100, Clean Energy Act 2011

Regulations setting fixed charge price for 2015-16

The regulations must be made before 31 May 2014

Sections 108, 109, Clean Energy Act 2011

Regulations on international transfers of carbon units – outgoing and incoming, including the conditions to be met and steps to be taken by Regulator

To be decided

Sections 137, 215, Clean Energy Act 2011

Regulations specifying the conditions to be met for amount to be setoff by the Regulator in relation to surrender and relinquishment of carbon units

To be decided

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Appendix 2C Clean Energy Regulations - Precautionary regulation powers not required at this stage Regulation making power

Content of regulation

Section 5, Clean Energy Act 2011

New international climate change agreements, description of additional ACCUs

Sections 135 and 213, Clean Energy Act 2011

Late payment penalty (if to be lower than 20%)

Section 171, Clean Energy Act 2011

Power system reliability test - additional criteria relating to replacement capacity

Section 172, Clean Energy Act 2011

Additional requirements for new generation unit projects

Section 206, Clean Energy Act 2011

List of large landfill facilities – not required because prescribed distance will be zero

Section 212, Clean Energy Act 2011

Prescribed penalty for failure to relinquish - if not 200%, needed after fixed charge period

Section 271, Clean Energy Act 2011

Additional provisions in relation to infringement notices

Section 298, Clean Energy Act 2011

Delegation by the Minister

Section 300, Clean Energy Act 2011

Delegation by the Secretary

Section 309, Clean Energy Act 2011

Prescribing matters by reference to other instruments

Section 310, Clean Energy Act 2011

Conferring power to make administrative decisions

Section 312, Clean Energy Act 2011

General regulation power

Items 239 and 241, Clean Energy (Consequential Amendments) Act 2011 (new sections 14A and 16(2A), ANREU Act 2011)

Regulations preventing surrender of Kyoto units including cancellation of units in accounts

Item 323, Clean Energy (Consequential Amendments) Act 2011 (new section 7A, NGER Act)

Additional gases to be prescribed greenhouse gases

Section 4, ANREU Act 2011

Registry in a foreign country; eligible international units

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Securing a clean energy future: Implementing the Clean Energy Legislation