National Greenhouse and Energy Reporting Act 2007

Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

The first object of this Act is to introduce a single national reporting framework for the reporting and dissemination of information related to greenhouse gas emissions, greenhouse gas projects, energy consumption and energy production of corporations to:

inform government policy formulation and the Australian public; and

meet Australia’s international reporting obligations; and

assist Commonwealth, State and Territory government programs and activities; and

avoid the duplication of similar reporting requirements in the States and Territories.

The second object of this Act is to contribute to the achievement of Australia’s greenhouse gas emissions reduction targets by ensuring that each of the following outcomes (the safeguard outcomes) are achieved:

net covered emissions of greenhouse gases from the operation of a designated large facility do not exceed the baseline applicable to the facility;

total net safeguard emissions for all of the financial years between 1 July 2020 and 30 June 2030 do not exceed a total of 1,233 million tonnes of carbon dioxide equivalence;

net safeguard emissions decline to:

no more than 100 million tonnes of carbon dioxide equivalence for the financial year beginning on 1 July 2029; and

zero for any financial year to begin after 30 June 2049;

the 5‑year rolling average safeguard emissions for each financial year that begins after 30 June 2024 are lower than the past 5‑year rolling average safeguard emissions for that financial year;

the responsible emitter for each designated large facility has a material incentive to invest in reducing covered emissions from the operation of the facility;

the competitiveness of trade‑exposed industries is appropriately supported as Australia and its regions seize the opportunities of the move to a global net zero economy.

the Commonwealth’s legislative powers under paragraphs 51(xi), (xx), (xxix) and (xxxix) of the Constitution; and

any implied legislative powers of the Commonwealth.

that provides for the reporting or disclosure of information related to:

greenhouse gas emissions; or

greenhouse gas projects; or

energy consumption; or

energy production; and

that the regulations provide is a law, or part of a law, to which this subsection applies;

This Act binds the Crown in each of its capacities.

This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.

The protection in subsection (2) does not apply to an authority of the Crown.

This Act extends to a matter relating to the exercise of Australia’s sovereign rights in the exclusive economic zone or the continental shelf.

Despite subsection 13AB(1) of the Seas and Submerged Lands Act 1973, this Act extends to acts, omissions, matters and things directly or indirectly connected with the exploration of, or exploitation of the natural resources of, the continental shelf in the Greater Sunrise special regime area.

Subsection (2) does not limit subsection (1).

Despite subsections (1) and (2), the safeguard provisions do not apply to a facility in the Greater Sunrise special regime area.

the territorial sea; or

the exclusive economic zone; or

waters of the continental shelf;

For the purposes of this Act, each of the following is a greenhouse gas:

carbon dioxide;

methane;

nitrous oxide;

sulfur hexafluoride;

a hydrofluorocarbon of a kind specified in the table in subsection (2);

a perfluorocarbon of a kind specified in the table in subsection (3);

a prescribed gas.

Table 1 is as follows:

Table 2 is as follows:

For the purposes of this Act, a controlling corporation’s group consists of the following entities:

the controlling corporation;

the controlling corporation’s subsidiaries covered by subsection (3) (if any).

The members of the group are the entities mentioned in subsection (1) (other than the controlling corporation’s subsidiaries if the controlling corporation is not incorporated in Australia).

A subsidiary of the controlling corporation is covered by this section unless:

the subsidiary is also a subsidiary of another body corporate because the other body corporate meets the requirement in subparagraph 46(a)(i) or (ii) of the Corporations Act 2001 in relation to the subsidiary; and

the other body corporate is not a member of the group (including by reason of a previous operation of this subsection).

To avoid doubt, a controlling corporation’s group may consist of the controlling corporation alone.

For the purposes of this Act, a facility is an activity, or a series of activities (including ancillary activities), that involve greenhouse gas emissions, the production of energy or the consumption of energy and that:

form a single undertaking or enterprise and meet the requirements of the regulations; or

are declared by the Regulator to be a facility under section 54, 54A or 54B.

Paragraph (1)(a) does not apply if a declaration of a kind referred to in paragraph (1)(b) is in force.

Regulations made for the purposes of paragraph (1)(a) may specify:

the circumstances in which an activity or activities (including ancillary activities) will form part of a single undertaking or enterprise; and

what activities are attributable to particular industry sectors.