CER-NGER-015 Calculated baseline application form · Web viewCER-NGER-015 V4.0 16/06/2020under...

Application for a calculated baseline under section 22 of the National Greenhouse and Energy Reporting (Safeguard Mechanism) Rule 2015

Purpose of this formThis form allows a responsible emitter to apply to the Clean Energy Regulator for a calculated-emissions baseline determination (calculated baseline) for a facility, under section 22 of the National Greenhouse and Energy Reporting (Safeguard Mechanism) Rule 2015 (the Safeguard Rule).

IMPORTANT INFORMATION

The Safeguard Rule has recently been amended to include prescribed (annually adjusted) and prescribed (fixed) production variables and associated default emissions intensity values for many industry sectors. The available prescribed production variables are listed in Schedules 2 and 3 of the Safeguard Rule.

Applicants can now use this form to apply for a calculated baseline using the prescribed production variables and default emissions intensity values.

In some cases, applications for calculated baselines will not use prescribed production variables (for example because prescribed production variables applicable to a particular facility have not yet been made).

For more information on completing this form please contact the Clean Energy Regulator on 1300 553 542 or email [email protected].

For further information on proposed future updates to Schedules 2 and 3 please contact the Department of Industry, Science, Energy and Resources [email protected].

Eligibility

A responsible emitter may apply to the Clean Energy Regulator for a calculated baseline for a facility covered by the safeguard mechanism if they satisfy the:

new facility criteria (under section 23 of the Safeguard Rule)

inherent emissions variability criteria (under section 25 of the Safeguard Rule), or

transitional calculated baseline criteria (under section 26A of the Safeguard Rule).

Note that the initial calculated baseline criteria and the significant expansion criteria, that were previously available for calculated baselines, are no longer available.

Who is a responsible emitter?

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FORM

CER-NGER-015

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mailto:[email protected]


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A responsible emitter is defined as the person with operational control of the facility at the time of application. If it is unclear which person (company or other entity) has operational control over a facility, please consult the National Greenhouse and Energy Reporting (NGER) Operational control supplementary guideline.

The responsible emitter is likely to be a controlling corporation registered under section 17 of the National Greenhouse and Energy Reporting Act 2007 (the NGER Act) or a group member of such a corporation. However, operational control may be held by other entities where emissions of a facility are not currently reported under the NGER Act.

Please ensure that the responsible emitter is identified correctly before applying for a calculated baseline.

Instructions for completing this formPlease read each part of the application carefully, fully answer all the questions, sign where indicated, and attach the required documentation.

You must complete and submit:

Part A: Applicant details—seeks identifying information about the responsible emitter and contact person in relation to this application.

Part B: Facility details—seeks identifying details in relation to the facility.

Part C: Application information—summarises calculated baseline application details.

Part D: Calculated baseline information—seeks all required information supporting the application for a calculated baseline.

Part E: Declaration—executive officer declaration that information provided is true and correct.

Part F: Applicant checklist—outlines all required tasks and information required in support of the application.

You can choose to complete this form by:

printing the form and filling it in by hand, or

saving the form and filling in an electronic copy.

Note that if you choose the second option, there may be times when you will need to print certain sections in order to sign them or in order to complete multiple entries for a single set of questions. These sections may be scanned back into the computer and submitted electronically with the rest of the form.

Pen colours Please use a black or blue pen to write on the form.

Check boxes Mark boxes like this with a ✔ or ✘. When an instruction asks you to ‘tick’ the box, you can still use either ✔ or ✘.

Go to Where you see an instruction like this - Go to question 5 - mark the relevant box with a ✔ or ✘and then skip to the question number shown. You do not need to answer the question(s) in between.

Where an instruction has a black double arrow (), go to the next indicated part/section. Where an instruction has a black single arrow (), go to the next question. Where an instruction has a black single arrow pointing down (), fill in the field(s) directly below.

Mandatory questions

If all fields in a question are mandatory and must be completed, (required) is added to the end of the question label text. If a field in a question is mandatory only IF a condition is met,

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http://www.cleanenergyregulator.gov.au/DocumentAssets/Pages/Operational-control-supplementary-guideline.aspx

http://www.cleanenergyregulator.gov.au/NGER/Reporting-cycle/Assess-your-obligations/Facilities-and-operational-control

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(required if any) is added to the end of the question label text.

This symbol indicates an instruction on what to do next.

This symbol indicates additional useful guidance to filling in the adjacent field or section.

This symbol advises that more than one entry may be required for the section and therefore you may need to photocopy or print the section or fill in a duplicate section.

This symbol advises that additional documentation to support a claim may need to be attached to the application.

Duplex printing This form is designed to be duplex printed to save on paper. All new sections start on the right-hand side of a page spread.

Help filling in this form

Guidance for filling in this form is available on the Clean Energy Regulator website.

If you require assistance or have any questions regarding this application process, please contact the Clean Energy Regulator general enquiries line on 1300 553 542 or email [email protected].

When can this form be submitted

As the responsible emitter, you may apply for a calculated baseline from 1 July of the financial year before the proposed commencement of the calculated baseline, until 31 October after the end of the first financial year to which the calculated baseline applies.

However, within the twenty six month application window, there are additional deadlines that apply depending on the forecast production data you intend on using in the application:

Applications submitted before 31 July following the proposed start date of the calculated baseline can use forecast data from any of the years within the period of the calculated baseline (noting that responsible emitters must use the year with the highest forecast level of production as the baseline setting year). This is the first deadline.

Applications submitted after the first deadline and before the second 31 July following the proposed start date of the calculated baseline are restricted and cannot use forecast data from the first year of the calculated baseline (even if it is the year with highest production). In most cases, this means that you will be restricted to using forecast data from whichever of the final two years is forecast to have the highest level of production. This is the second deadline.

Applications submitted after the second deadline and by the second 31 October following the proposed start date of the calculated baseline cannot use data from the first two years of the calculated baseline. In most cases, this will mean that you must use forecast data from the third and final year of the calculated baseline to set the calculated baseline. This is the final deadline.

Refer to the Clean Energy Regulator calculated baseline webpage for further information about the deadlines for applications.


http://www.cleanenergyregulator.gov.au/NGER/The-safeguard-mechanism/Baselines/Calculated-baseline#deadlines



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Submitting this form

A signed copy of this form should be kept for your records.

By post

Post your completed application with any accompanying documentation to:

Clean Energy ApplicationsClean Energy RegulatorGPO Box 621Canberra ACT 2601

By email

Alternatively, email your scanned, completed application to the Clean Energy Regulator at [email protected].

If the email and its attachments (the application and supporting documents) are larger than 10MB, they must be sent using multiple emails that are clearly marked (i.e. by including an identifier in the subject line, e.g. '1 of 3', '2 of 3', '3 of 3'). The signed application form must be saved as a single scanned file and not split into parts. Files may be zipped to reduce their size.

If you submit your application by email, you do not need to send the original hardcopy of the application by post.

Please note: Applicants seeking to withhold details of the baseline determination that would otherwise be published in accordance with Section 72 of the Safeguard Rule are required to submit an additional application. This application (under section 25 of the NGER Act) should be submitted at the same time as your baseline application. The Clean Energy Regulator may only accept the application and not publish the information if satisfied that publication would reveal, or be capable of revealing, trade secrets or any other matter with commercial value which would be destroyed or diminished if the information were disclosed.



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Office use:

Part A: Applicant details

Responsible emitter details

The applicant must be, or have been, a responsible emitter for the facility during the period that the calculated baseline will have effect. The responsible emitter is a person with operational control over the facility. If it is unclear which person (entity or company) has operational control over a facility, please consult the operational control supplementary guideline.

1. Name of responsible emitter (required)

The person or company name that is given here should be the name that appears on the Australian Business Register or the ASIC Register.

Name

2. Trading name (required if any)

Traing name (if any)

3. Identifying details (required)

4 You must provide at least one of the following for the responsible emitter in order of precedence: Australian Business Number (ABN), Australian Company Number (ACN), Australian Registered Business Number (ARBN) or street address.

ABN

If the responsible emitter does not have an ABN, please provide the responsible emitter’s ACN.

ACN

If the responsible emitter does not have an ABN or an ACN, please provide the responsible emitter’s ARBN.

ARBN

If the responsible emitter does not have an ABN, ACN or an ARBN please provide the responsible emitter’s street address.

Address line 1

Address line 2

Suburb/city

State/territory

Postcode

Country




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4. Responsible emitter (required)

4 Tick the appropriate box

Is the applicant registered as a controlling corporation under section 17 of the NGER Act?

4 Continue to question 8

Is the applicant a responsible member with a section 22X agreement under the NGER Act?


Has the applicant been declared to be the person with operational control over a facility by the Clean Energy Regulator under section 55 or 55A of the NGER Act?


Is the applicant registered as a responsible emitter for a designated large facility under section 18AA of the NGER Act?


None of the above?


5. Head office postal address (required)

Address line 1

Address line 2

Suburb/city

State/territory

Postcode

Country

6. Head office physical address (required)

Tick here if the head office street address is the same as the head office postal address above and go to question 7, OTHERWISE provide details below.

Address line 1

Address line 2

Suburb/city

State/territory

Postcode

Country


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7. Entity type (required)

4 Tick one of the boxes below to state what type of entity the responsible emitter identified in this part is.

Body corporate

Trust

Corporation sole

Body politic

Local governing body

Individual

Contact person details

Provide details about the person who will be acting as the contact officer between the responsible emitter and the Clean Energy Regulator.

The Clean Energy Regulator may exchange information about the responsible emitter and this application with the contact person. By nominating a contact person, the responsible emitter consents to the Clean Energy Regulator sharing any information in relation to this application and the responsible emitter with the contact person.

8. Position (required)

Position

9. Name (required)

Title

Given name

Middle name(s)

Family name

10. Postal address (required)

Tick here if the postal address is the same as the head office postal address provided at question 5, and go to question 11, OTHERWISE provide details below

Address line 1

Address line 2

Suburb/city

State/territory

Postcode

Country


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11. Contact details (required)

Phone number

Alternative phone number (optional)

Email address

Trustee details

4 If the responsible emitter is a trust, please provide the details about each trustee of the trust.

4 If the responsible emitter is NOT a trust, this section (trustee details) does NOT need to be completed.

If there is more than one trustee, please photocopy or print this section and complete for each trustee.

If the trust has multiple trustees, you may wish to nominate one of the trustees to have operational control over the facility. If so, you will need to complete and submit the form 'Nomination of operational control over a facility under section 11C of the National Greenhouse and Energy Reporting Act 2007'.

12. Name (required)

Title

Given name

Middle name(s)

Family name

4 If trustee is not an individual, please provide the name of the trustee.

Name



Address line 1

Address line 2

Suburb/city

State/territory

Postcode

Country


Phone number


Email address


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Part B: Facility details15. Name of facility (required)

Please specify the name of the facility (as stated in the most recent safeguard facility reported emissions table or its most recent National Greenhouse and Energy Reporting (NGER) report).

Facility name

16. Have scope 1 emissions of one or more greenhouse gases from the operation of the facility previously been included in an NGER report?


Yes 4 Go to question 17

No 4 Go to question 18

17. Has the activity or series of activities that constitute the facility changed since the most recent NGER report?


Yes 4 Please contact the Clean Energy Regulator before proceeding with the application.

No 4 Go to Part C

18. Industry sector (required)

This is the industry sector to which the activities constituting the facility are attributable. Refer to Schedule 2 of the NGER Regulations for relevant code and classification or the most recent NGER report.

ANZSIC code (2 or 3 digits)

ANZSIC classification

19. Street address of the facility (required if any)

Address line 1

Address line 2

Suburb/city

State/territory

Postcode

Country

20. Facility geocode (required if known)

4 If the facility is not a transport facility or a network or pipeline facility, please provide the facility location coordinates in latitude and longitude to four decimal places.

Latitude

Longitude


https://www.legislation.gov.au/Series/F2008L02230

http://www.cleanenergyregulator.gov.au/NGER/National%20greenhouse%20and%20energy%20reporting%20data/safeguard-facility-reported-emissions

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21. Location description (required if applicable)

4 If the facility is a transport facility or a network or pipeline facility that is not a single facility and does not have a street address, please provide a brief description of the location of the facility below.

Description of location of facility

Activities constituting the facility

22. State or territory (required)

4 Specify the state or territory to which the activities constituting the facility are attributable.

Note that for inter-state transport facilities to which the national facility definition applies, the activities may be attributable to more than one state or territory, so list all applicable.

Note that a network or pipeline facility may be located in more than one state or territory, so list all applicable.

State/territory


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Part C: Calculated baseline information All applicable questions (including all applicable parts) in Part C must be answered. The questions should be read in

conjunction with the guidance within this form, the Clean Energy Regulator website and the Safeguard Rule.

Where a question references a section of the legislation, the response or supporting information should contain an explanation demonstrating how those legislative requirements are met.

23. Proposed commencement date for calculated baseline (required)

4 Provide the proposed commencement date for the calculated baseline.

The calculated baseline must commence at the beginning of a financial year (e.g. 1 July 2016)

Please ensure the proposed commencement date for the calculated baseline is within the timeframes for commencement dates under the relevant criteria in sections 23, 25 or 26A of the Safeguard Rule. Allowable commencement dates vary according to the criteria.

Year (yyyy)

Date 1 July

24. Financial year with highest production level of primary production variable (required)

4 Provide the financial year with the highest expected production level of the primary production variable within the period allowed by paragraph 27(1)(c) of the Safeguard Rule.

Refer to Submitting this form section of this form or the Clean Energy Regulator website for further information about deadlines for applications.

The financial year with the highest expected production of the primary production variable (out of the allowable years depending on application timing) is the year used to set the baseline. See the When can this form be submitted section on pages 3 and 4 of this form for further information on application timing.

Refer to the Definitions section of this form or section 4 of the Safeguard Rule for the meaning of primary production variable.

Specify the financial year in the format yyyy-yy (e.g. 2017–18).

Financial year

25. Eligibility criteria (required)

4 Tick only one of the following boxes to specify which eligibility criteria applies.

The responsible emitter for a facility may apply to the Clean Energy Regulator for a calculated baseline for the facility if one of the following criteria are satisfied. Refer to the Safeguard Rule for the detailed criteria.

Transitional calculated baseline criteria Continue to Part D and complete Annexure A

New facility criteria Continue to Part D and complete Annexure B

Inherent emissions variability criteria Continue to Part D and complete Annexure C

Note that the initial calculated baseline criteria and significant expansion criteria, previously Annexures A and B, are no longer available.



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Part D: Calculated baseline information Each question (and part of a question) in Part D must be answered. The questions should be read in conjunction

with the Safeguard Rule and the guidance for this form, which provides further explanation as to the detail that should be included in the response to each question.

Where a question references a section of the legislation, the response or supporting information should contain an explanation demonstrating how those legislative requirements are met.

Production variable information

26. Identify the facility’s output/s, output variable/s and production variable/s and provide supporting information (required)

IMPORTANT INFORMATION

The Safeguard Rule has recently been amended to include prescribed (annually adjusted) and prescribed (fixed) production variables and associated default emissions intensity values for many industry sectors. The new prescribed production variables are listed in Schedules 2 and 3 of the Safeguard Rule.

Where available, applicants can now use the prescribed production variables and default emissions intensity values.

If you are applying for a baseline that does not use prescribed production variables (for example because production variables applicable to your facility have not yet been finalised), your application must:

For question 26(b) - identify facility specific production variables according to subsections 5(2), 5(3), 5(4), 5(5), 5(6), 5(7), 5(9) or 5(10) of the Safeguard Rule.

For question 26(d) – provide a site-specific emissions intensity value (rather than the default emissions intensity value).

a) Are all identified production variables prescribed production variables?

YesGo to question b)

For a production variable that is a prescribed production variable you do not need to identify if it is an output, output variable, by-product or waste product.

No Complete the table below under question a) for all outputs related to production variables that are not prescribed production variables.

Fill out the table below in relation to all outputs that have been identified for the facility, including whether each output is an output variable, by-product or waste product.

For Column A, provide a brief name or descriptor for ALL outputs for the facility. Please refer to section 4 of the Safeguard Rule for the meaning of output.

For Column B, choose from the drop-down list to indicate whether the output is an output variable, a by-product or a waste product. Please refer to section 4 of the Safeguard Rule for the meaning of output variable, by-product and waste product.

(A)Facility outputs

(B)Output type

Choose an item.

Choose an item.


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Choose an item.

Choose an item.

Choose an item.

b) Fill out the table below in relation to all production variables that have been identified for the facility.

For Column A, provide a brief name or descriptor for each production variable for the facility. See section 5 of the Safeguard Rule for information about identifying production variables. If a production variable is a prescribed production variable as listed in Schedule 2 or 3 of the Safeguard Rule, please describe it exactly as it is described in the relevant schedule.

For Column B, use the drop-down menu to show how the production variable has been identified. I.e. which provision of the Safeguard Rule each production variable is defined under. The provisions include: a prescribed production variable in Schedule 2 or 3, output variable (s5(2) or s5(3)), similar variables (s5(4)), input (s5(5)), intermediate product (s5(5)), multiple inputs or intermediate products (s5(6)), similar inputs (s5(7)), similar intermediate products (s5(7)), no discernible output s(5(9)), or EITE relevant product(s5(10)).

(A)Facility production variable

(B)Type of production variable

Choose an item.

Choose an item.

Choose an item.

Choose an item.

Choose an item.

c) Identification of outputs and production variable/s

Attach a high level plant/process map indicating inputs, processes, outputs, production variables and where emissions occur.

Attach information demonstrating that production variables chosen in the above table have been identified in accordance with the relevant legislative reference.

Please clearly identify the document/s attached to address question 26(c). If applicable, please also specify which section/s of the document provides the relevant information.

Document details – Question 26(c)

d) Fill out the table below in relation to each production variable identified above, including forecasts for the financial year identified in question 24.

For Column A, the first row of the table should indicate the primary production variable. Refer to the Definitions section of this form or section 4 of the Safeguard Rule for the meaning of primary production variable.

For Column B, the term ‘forecast’ refers to the quantity of the production variable that is reasonably likely to be produced by the facility during the applicable financial year (identified in question 24).

For Column C, please choose ‘Yes’ from the drop-down menu if the production variable is a prescribed production variable as described in Schedule 2 or 3 of the Safeguard Rule AND you are electing to use the default emissions intensity value for that production variable to calculate the baseline emissions number.

For Column D, please include the default emissions intensity set out in Schedule 2 or 3 in the Safeguard Rule (if you have elected to use the default in column C) or the estimated emissions intensity per unit of production for the production variable consistent with the emissions-intensity calculation criteria set out in section 6 of the Safeguard Rule.

For Column E, the emissions presented for each production variable should be rounded to the nearest tCO2-e.


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For Columns B and D, forecast production quantities and emissions intensities should be provided with a sufficient number of significant figures that, when the two values are multiplied together, the product equals the number presented in Column E (when rounded).

(A)Production variable

(B)Forecast quantity (Q)(including unit of measurement)

(C)Using default emissions intensity (EI)

(D)Estimated / default emissions intensity (EI) (tCO2-e per unit of Q)

(E)Calculate Q x EI(tCO2-e)

Primary production variable:

Choose an item.

Choose an item.

Choose an item.

Choose an item.

Choose an item.

e) Calculate the expected covered emissions for the facility (sum the amounts in column E)

This number is the expected covered emissions from the facility (and proposed baseline emissions number) as per paragraph 27(1)(e) of the Safeguard Rule.

Expected covered emissions (tCO2-e)

f) Determination of emissions intensity (not required if using only default emissions intensity values)

Attach information demonstrating that the forecast emissions intensities have been determined consistently with all relevant aspects of the emissions intensity calculation criteria under section 6 of the Safeguard Rule.

Please clearly identify the document/s attached to address question 26(f). If applicable, please also specify which section/s of the document provides the relevant information.

Document details – Question 26(f)

g) Emissions intensity of greenhouse gases other than carbon dioxide (only required for production variables that are not using default emissions intensity values)

4 If any greenhouse gas other than carbon dioxide has, or is likely, to contribute more than one per cent of total covered emissions, then emissions intensities for each of those gases must be provided for each relevant production variable.

For Column C, the emissions intensity for the greenhouse gas should be forecast for the financial year identified in question 24 and provided to the same number of significant figures as the emissions intensity provided under question 26(d).

If there is insufficient space below, please attach a separate sheet.

(A)Production variable

(B)Greenhouse gas

(C)Forecast emissions intensity (EI) (tCO2-e per unit of Q)


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h) Material assumptions underpinning forecasts (required)

Attach the information summarising the material assumptions that underpin the forecast production variable quantities and facility emissions. This should include the ‘basis of preparation’ for the forecast and the high level calculations underpinning the emissions intensity and production variable forecast. Note that assumptions relating to emissions are only relevant where a facility is using production variables that are using estimated emissions intensity values (rather than the default emissions intensity value).

Please clearly identify the document/s attached to address question 26(h). If applicable, please also specify which section/s of the document provides the relevant information.

Document details – Question 26(h)

27. Relevant earlier estimates (required)

Attach any relevant earlier estimates of the production variable quantities, emissions intensities and emissions provided at question 26(d) (Earlier estimates relating to emissions intensity values and emissions are not required if only using default emissions intensity values).

Refer to the Definitions section of this form or section 4 of the Safeguard Rule for the meaning of relevant earlier estimates.

Please clearly identify the document/s attached to address question 27. If applicable, please also specify which section/s of the document provides the relevant information.

Document details – Question 27

28. Reasons for difference (required if any)

If the estimates of the production variable quantities, emissions intensities and the expected covered emissions from the facility provided at question 26(d) are different from those in the relevant earlier estimates, please attach an explanation of why this is the case.



29. Historical emissions and production data (required)

Attach historical emissions and production data that support the estimates of the production variable quantities and any estimated emissions intensity values provided at question 26(d).



30. Statement about expected future reporting methods (only required if estimated emissions intensity values are provided in the table for question 26(d) above)

4 Provide a statement confirming that any estimated emissions intensity values provided at question 26(d) have been calculated using the same reporting method as will be used to report emissions in the future, including an explanation of any differences in the reporting methods from those previously used for the facility.



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31. Measures to reduce greenhouse gas emissions intensity (required)

4 Provide an outline of the measures to reduce greenhouse gas emissions intensity undertaken, or to be undertaken, at the facility.

Please only provide measures or projects that have approval or are likely to proceed rather than possible projects.

This information will be published on the Clean Energy Regulator website. It should therefore be provided in a summarised form that is suitable for this purpose.


32. Most recent environmental impact assessments (not required if only using default emissions intensity values)

Attach copies of the most recent environmental impact assessments (if any) relating to activities at the facility which result in significant emissions of greenhouse gases.

If the document you are providing in response to question 32 is a publicly available document, instead of attaching the full document, you may provide a link to the document along with pinpoint references; or provide a link and attach specific sections of the document in the details box below.

4 If applicable, identify where any relevant earlier estimates of production variable quantities and emissions intensities or expected scope 1 emissions from the facility are stated in the environmental impact assessments. Provide reference to relevant headings/page numbers/section numbers in the box below.


4 Please confirm if you have attached environmental impact assessments.

Documentary evidence type Attached

Environmental impact assessments, if applicable

Audit report

33. Audit and assurance (required)

This application must be accompanied by an independent audit report in accordance with section 28 of the Safeguard Rule.

4 Please confirm that your application includes a completed audit report.

Documentary evidence type Attached

Completed audit report (required)


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Part E: Declaration This form must be signed by an executive officer or equivalent of the applicant. The application will not be

accepted if it is not signed correctly.

The executive officer who signs this application and makes a declaration that, among other things, the information supplied is true and correct must be as follows:

For a body corporate, the executive officer for whom details are provided in this application at question 33 below and holds one of the following positions or an equivalent position:

» Director

» Chief Executive Officer

» Chief Financial Officer

» Company Secretary

For a trust, a trustee of that trust.

For a corporation sole, the person that comprises the corporation sole.

For a body politic or local governing body, a person that holds an office created under the instrument or legislation that establishes the body politic or local governing body.

Signatory details

Please tick the applicable position (required):

A director of the body corporate

The chief executive officer (however described) of the body corporate

The chief financial officer (however described) of the body corporate

The secretary of the body corporate

Trustee

Person comprising the corporation sole

Office holder of a body politic or local governing body

4 If the position the executive officer holds is described differently, but is equivalent to a position given above, please also identify that position here.

If you are unsure of whether you hold an equivalent position to the positions identified above, please consult the guidance. If you are a statutory officer for a local governing body or body politic, please write this position.

Position

34. Name (required)

Title

Given name

Middle name(s)

Family name


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Address line 1

Address line 2

Suburb/city

State/territory

Postcode

Country


Phone number


Email address

Declaration

By signing below, the signatory declares and acknowledges that:

a) they have legal capacity and authority to make the application on behalf of the responsible emitter;b) giving false or misleading information is a serious offence and carries penalties under the

Criminal Code Act 1995;c) all information provided in, or in relation to, this form is, having made all reasonable enquiries, complete,

true and correct and not misleading by inclusion or omission; d) the responsible emitter authorises the Clean Energy Regulator to copy, record, use or disclose any of the

information provided in relation to this application for the purposes of processing the application, monitoring compliance, enforcement of laws, the performance of the Clean Energy Regulator’s statutory functions and for related purposes subject to the requirements of relevant laws, in particular the Privacy Act 1988 and Part 3 of the Clean Energy Regulator Act 2011; and

e) the personal information provided in this application may also be copied, recorded, used or disclosed by the Clean Energy Regulator for its administrative purposes, for example, to pre-populate other Clean Energy Regulator forms filled out online in the future, and for improving the Clean Energy Regulator’s service delivery to the responsible emitter.

Full name of signatory

Organisation

Signature

Day (dd) Month (mm) Year (yyyy)

Signature date


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Part F: Application checklist4 Tick the box when you've completed the following tasks

Part A: Applicant details

Part B: Facility details

Part C: Application information

Part D: Calculated baseline information

Part E: Declaration has been signed by an executive officer or equivalent

Annexure A: Transitional calculated baseline criteriaAnnexure B: New facility criteria; orAnnexure C: Inherent emissions variability criteria


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Additional information

Definitions

This document contains important terms from the NGER Act, the Safeguard Rule and the National Greenhouse and Energy Regulations 2008 (the NGER Regulations). You should refer to these individual documents for the meaning of terms used throughout this form and ensure that you apply them accurately to your particular circumstances. The definitions given below are not a complete list of terms.

For more information, see the NGER Act, Safeguard Rule, NGER Regulations, and guidance to complete this form on the Clean Energy Regulator website.

Definitions marked with an asterisk are definitions repeated from legislation.

For the purposes of this form:

designated large facility*

a facility is a designated large facility for a financial year if the total amount of covered emissions of greenhouse gases from the operational of the facility during the financial year has a carbon dioxide equivalence of more than 100,000 tonnes.

executive officer* means, in relation to a body corporate:

a director of the body corporate, or

the chief executive officer (however described) of the body corporate, or

the chief financial officer (however described) of the body corporate, or

the secretary of the body corporate.

facility has the meaning set out in section 9 of the NGER Act.

greenhouse gas* means one of the following:

carbon dioxide

methane

nitrous oxide

sulphur hexafluoride

a hydrofluorocarbon of a kind specified in section 7A of the NGER Act

a perfluorocarbon of a kind specified in section 7A of the NGER Act, or

a prescribed gas.

person* means any of the following:

a body corporate

a trust

a corporation sole

a body politic

a local governing body, or


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CER-NGER-015

an individual.

prescribed (annually adjusted) production variables

The requirements for all prescribed (annually adjusted) production variables are set out in Schedule 2 of the Safeguard Rule, including descriptions of each production variable and how it must be measured.

Calculated baselines that use prescribed (annually adjusted) production variables will remain static. Once the calculated baseline is made, a facility can apply for a production adjusted baseline using the same prescribed (annually adjusted) production variables. The facility’s production adjusted baseline will be calculated each year, based on actual production.

prescribed (fixed) production variables

The requirements for all prescribed (fixed) production variables are set out in Schedule 3 of the Safeguard Rule, including a description of each production variable and how it must be measured.

Once the calculated baseline is made, a facility can apply for a production adjusted baseline using the same prescribed (fixed) production variables. A facility that uses (only) prescribed (fixed) production variables will have a fixed production adjusted baseline, based on the highest year of actual production from the preceding calculated baseline period (the production assessment period).

primary production variable*

if there is only one production variable—that variable is the production variable, or

if there is more than one production variable—the variable that is most significant for the operation of the facility having primary regard to the share of revenue and covered emissions directly or indirectly attributable to that production variable.

relevant earlier estimates*

means any of the following:

an estimate included in an environmental impact assessment statement

an estimate made in an earlier application for a baseline determination in relation to the facility, or

an estimate published by the responsible emitter or by a person associated with the responsible emitter, such as their controlling corporation;

that:

was publicly available or submitted to the Clean Energy Regulator before the relevant application for a baseline determination, and

relates to the expected covered emissions, covered emissions intensity or quantity of a production variable relied upon in an application for a baseline determination.

responsible emitter*

means a person that has operational control over a facility at a particular time.

Assessment of the application

Once a complete application has been received, the Clean Energy Regulator will consider the information provided in line with the provisions of the NGER Act and the Safeguard Rule.


CER-NGER-015

As part of the assessment process, the Clean Energy Regulator may seek further information from the applicant to inform their decision. This information will be used to assess the application.

The Clean Energy Regulator will notify the responsible emitter in writing of the decision on the application or if further information is required to be provided in connection with the application.

If you have any questions concerning your application please contact the Clean Energy Regulator on 1300 553 542 or email [email protected].

Publishing of information

Under section 30 of the Safeguard Rule, the Clean Energy Regulator must publish the following information on its website, as soon as is practicable after making a calculated baseline determination:

the details of the calculated baseline (refer to section 4 of the Safeguard Rule for definition of ‘details’), and

an outline of the measures to reduce greenhouse gas emissions intensity undertaken or to be undertaken at the facility.

Protection of information

The Clean Energy Regulator is bound by the secrecy provisions of Part 3 of the Clean Energy Regulator Act 2011 in regard to information it collects in relation to this application and also by the Privacy Act 1988 in regard to personal information it collects.

Privacy statement

'Personal information' is defined in the Privacy Act 1988 to mean information or an opinion about an identified individual, or an individual who is reasonably identifiable:

(a) whether the information or opinion is true or not; and

(b) whether the information or opinion is recorded in a material form or not.

The collection of personal information relating to this application is authorised by the National Greenhouse and Energy Reporting Act 2007 and the National Greenhouse and Energy Reporting (Safeguard Mechanism) Rule 2015.

Personal information collected in relation to this application will be used for the purposes of assessing the application, monitoring compliance, enforcement of relevant laws, the performance of our statutory functions and for related purposes. We will also use the personal information which is provided for our administrative purposes, for example, to pre-populate other Clean Energy Regulator forms filled out online in the future.

The Clean Energy Regulator’s Privacy Policy contains information about the agency’s procedures for handling personal information, including how a person can access their personal information held by the agency, and how to seek correction of such information. The Privacy Policy also contains information about how to complain about a breach of the Australian Privacy Principles. The Clean Energy Regulator’s Privacy Policy can be found at www.cleanenergyregulator.gov.au.

Disclosure of information

The Clean Energy Regulator and authorised staff are only able to disclose information relating to the affairs of a person (including personal information) collected in relation to this application in accordance with the Clean Energy Regulator Act 2011 or as otherwise required by law.

Part 3 of the Clean Energy Regulator Act 2011 prevents disclosure of relevant information except in circumstances set out in that Part. Those circumstances include:


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CER-NGER-015

disclosure for the purposes of a climate change law

disclosure to the Minister

disclosure of summaries or statistics if those summaries or statistics are not likely to enable the identification of a person

disclosure to certain bodies where the Chair of the Clean Energy Regulator is satisfied that disclosure will assist those bodies in the performance of their functions or powers, including the Australian Securities and Investment Commission, and the Australian Competition and Consumer Commission, and

disclosure for the purposes of enforcement of the criminal law, enforcement of a law imposing a pecuniary penalty or for protection of the public revenue, if the Chair of the Clean Energy Regulator is satisfied that disclosure is reasonably necessary for such purpose.

Accessibility disclaimer

The Clean Energy Regulator has worked to ensure that this document is accessible but please contact us to obtain an alternative version if you are having difficulty or you have specific accessibility needs. Please call 1300 553 542 or email the name of the form and your needs to [email protected].



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