The third reporting period of the National Greenhouse and
Energy Reporting Act 2007 (NGER Act) is fast
approaching and commences on 1 July 2010.
As at 1 July 2010, the thresholds under the NGER Act will
decrease as follows:
Energy consumption - from 350 terajoules to 200
Energy production - from 350 terajoules to 200
Greenhouse gas emissions - from 87.5 kilotonnes of carbon
dioxide equivalent greenhouse gas emissions to 50
As a practical guide, 200 terajoules is equivalent to
approximately 55,000 megawatt hours. This means that the
controlling corporation of any corporate group that consumes around
55,000mwh of energy may need to register and report under the NGER
Act (note however that there are a number of technical and legal
tests that may impact upon how your aggregate energy consumption
and greenhouse gas emissions are calculated).
For any corporate group that exceeds the current threshold of
350 terajoules (about 97,000 megawatt hours) for the reporting
period ending on 30 June 2010, the controlling corporation of that
corporate group must register under the NGER Act by no later than
31 August 2010 (unless it has previously
registered) and then submit its report by 31 October 2010.
Determining the extent of a corporate group's reporting
obligations under the NGER Act requires careful analysis of three
For information on the complexities of each of those concepts
refer to Gadens Lawyers' previous updates
here, including the recent update on the treatment of trusts in
the context of defining a corporate group under the NGER Act.
Severe penalties apply for non-compliance with the NGER Act. For
example, if a corporate group meets one of the thresholds under the
NGER Act and fails to register with the relevant authority it will
be exposed to a $220,000 penalty as well as an ongoing penalty of
$11,000 per day for every day that corporate group remains in
breach. The same penalty applies for failing to report relevant
data in accordance with the NGER Act.
Further, provisions of the NGER Act extend these civil penalties
to CEOs and if a CEO fails to take reasonable steps to prevent a
contravention of the NGER Act the CEO will be personally liable (in
addition to the corporation's liability).
The Gadens Lawyers sustainability and climate
change team specialises in providing strategic advice on compliance
with the NGER Act and in particular, applying the 'corporate
group', 'facility' and 'operational control'
tests across wide range of industries and factual scenarios.
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