دانلود کتاب Clean energy law in Australia

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Cover Page
Full Title
Copyright
Foreword
Publisher\'s Note
Preface
Table of Cases
Table of Statutes
Directory
Table of Contents
Chapter 1 - Legal Framework
Introduction
Sources of law
Snapshot
National legal framework - Carbon pricing mechanism
Clean Energy Act 2011 (Cth)
National Greenhouse and Energy Reporting Act 2007 (Cth)
Fuel Tax Act 2006 (Cth)
Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (Cth)
National legal framework - Energy efficiency
Energy Efficiencies Opportunities Act 2006 (Cth)
Building Energy Efficiency Disclosure Act 2010 (Cth)
National legal framework - Renewable energy
Renewable Energy (Electricity) Act 2000 (Cth)
National legal framework - Land sector
Carbon Credits (Carbon Farming Initiative) Act 2011 (Cth)
Regulatory oversight
Clean Energy Regulator
Australian Climate Change Authority
Land Sector and Biodiversity Board
Productivity Commission
Australian Competition and Consumer Commission
International framework
United Nations Framework Convention on Climate Change
Kyoto Protocol to the UNFCCC
Ongoing modifications and additions to the UNFCCC
Linking
Australian targets and caps
Chapter 2 - Registration, Measurement and Reporting
Introduction
Sources of law
Who must register?
Controlling corporation
Controlling corporation\'s group
Liable entity
Person who may reasonably be expected to be liable
Tests for registration
Emissions threshold for registration by controlling corporation
Group threshold for emissions and energy
Threshold for facility
Prorated threshold
Exceptions from threshold
Emissions threshold for registration by liable entity
Emissions threshold for registration by person who is a potential liable entity
Emissions
Emissions of GHG
Covered emissions
Greenhouse gases
Release into the atmosphere
Direct result
Territorial nexus
Facility
NGER reporting regulations requirements for facility
Industry sector
Operational control
Tie-breaker tests for operational control
Rules for joint ventures
Rules for trusts with multiple trustees
Consumption of energy
Production of energy
Energy
Eligible financial year
Voluntary registration
Time for registration
Form for registration
Registration application by controlling corporation
Registration application by liable entity
Online registration
Penalty for failing to register
Register of registrations
How are greenhouse gases measured?
Overview of NGER (Measurement) Determination
Emissions sources
Categories of scope 1 emissions
Units of measurement
Carbon dioxide equivalence and global warming potential
Measurement methods
Uses of methods
Due diligence for methods
Rules for methods
Carbon capture and storage
Continuous emissions monitoring
Example - coal mining: fugitive emissions - underground mining activities
Available methods
Fugitive emissions from extraction of coal
Example - coal mining: fugitive emissions - open cut mines
Available methods
Fugitive emissions from extraction of coal
Uncertainty
Guidance
Reporting obligations: who must report?
Report by registered corporation
Report by responsible member of a controlling corporation\'s group
Report by liable entities
Report by holders of liability transfer certificate
Time for reporting
Scope of information to be reported
Reporting information about persons and facilities
Reporting scope 1 and scope 2 emissions
Scope 1 emissions from fuel combustion
Scope 1 emissions from particular sources
Example - reporting GHG emissions from coal mining
Reporting energy production
Reporting energy consumption
Reporting primary or secondary fuels and energy commodities
Other general reporting requirements
Reporting aggregated amounts from facilities
Reporting percentages of emissions and energy
Reporting about incidental emissions and energy
Reporting for facilities that are networks and pipelines
Reporting for facilities that are vertically integrated production processes
Reporting about contractors
Reporting a change in principal activity for a facility
Reporting if no group thresholds met
Reporting of information by another person
Reporting liability and related matters under the Clean Energy Act 2011 (Cth)
Special reports
Greenhouse gas projects
Offsets of greenhouse emissions
Form for reporting
On-line report
Penalty for failing to report
Deregistration
Declaration by the regulator of facilities and/or operational control
Declaration of a facility - corporate group
Declaration that a corporation has operational control of a facility - corporate group
Declaration of a facility - non-group entity
Declaration that a corporation has operational control of a facility - non-group entity
Chapter 3 - Liability under the Clean Energy Act 2011 (Cth)
Introduction
Sources of law
Direct emitters
Introduction to Division 2
Person
General rules for liability for non-landfill facilities
General rules for liability for landfill facilities
General rules for liability of participants in designated joint ventures
General rules for liability of holders of a liability transfer certificate
Facilities in the joint petroleum development area and greater sunrise unit area
Natural gas suppliers
Introduction to Division 3
Liable entity for the supply of natural gas
Liable entity if a person quotes their obligation transfer number
Liable entity if a person misuses their obligation transfer number
Gaseous fuel suppliers
Introduction to Division 3A
General rules for liability for import of LPG or LNG for non-transport use
General rules for liability for production of LPG or LNG for non-transport use
Liable entity if a person quotes their obligation transfer number
Liable entity if a person misuses their obligation transfer number
Obligation transfer numbers
Introduction to Division 4
Surrendering or cancelling an OTN
Quoting an obligation transfer number
Accepting or refusing to accept the quotation of an obligation transfer number
Mandatory quotation of OTN
Voluntary quotation of OTN
Withdrawing the quotation of an OTN
Misuse of an OTN
Quotation of a bogus OTN
OTN Register
Joint ventures
Introduction to Division 5
Mandatory designated joint venture
Declared designated joint venture
Allocation of liability in a joint venture - participating percentage determination
Should an unincorporated joint venture become a designated joint venture or allocate liability using a liability transfer certificate?
Liability transfer certificates
Introduction to Division 6
Transfer of liability to another member of a corporate group
Transfer of liability to a person who has financial control of a facility
Duration of a liability transfer certificate
Surrender of a liability transfer certificate
Cancellation of a liability transfer certificate
Opt-in Scheme
Chapter 4 - Emissions Units
Introduction
Sources of law
The Australian National Registry of Emissions Units
Registry accounts
Opening a registry account
Entries in registry accounts
Eligible emissions units
Carbon units
Australian carbon credit units
Eligible international emissions units
Original issues of carbon units
Fixed charge carbon units
Auction of carbon units
Free carbon units
Surrendering eligible emissions units
Timing rules for surrender
Surrendering carbon units
Surrendering eligible Australian carbon credit units
Surrendering eligible international emissions units
International unit surrender charge
Borrowing carbon units
Cancelling emissions units
Transfer of emissions units
Transfer mechanics
Deferral of transfers
Relinquishment of carbon units
Relinquishment mechanics
Relinquishment for fraudulent conduct
Relinquishment under the Jobs and Competitiveness Program
What happens to carbon units after relinquishment?
Non-compliance with a relinquishment notice
Title in emissions units
Emissions units as personal property
Indefeasibility of title
Dealing with emissions units
Australian financial services licence
Special dealings in emissions units
Suspending a Registry account
Appendix - Activity definitions for Jobs and Competitiveness Program
Chapter 5 - Special Topics
Introduction
Anti-avoidance
Tests
Section 29 factors
Publication of avoidance determination
Audit
Sources of law
Pre-submission audit
Compliance audit - suspected non-compliance
Compliance audit - general
Conduct of audits
Greenhouse and energy auditors
Constitutional foundation
Is the charge for carbon units a tax?
Liability of executive officers
Pecuniary penalty
Defence
Information disclosure
Publication of emissions and energy data
Liable entities public information database
Disclosure requirements of the Corporations Act 2001 (Cth)
ASX listing rules
International linking
Background
Importing
Exporting
Limitations to linking
International unit surrender charge
Record-keeping
Sources of law
Compliance with record-keeping requirements
Record-keeping requirements - general
Record-keeping requirements - applications to the regulator
Record-keeping requirements - reports submitted to the regulator
Record-keeping requirements - OTNs
Taxation
Goods and services tax
Income taxation
Stamp duty
Unit surrender shortfalls and unit shortfall charge
Unit shortfalls
Unit shortfall charge
Late payment penalty
Default assessment
Remission
Unit surrender surplus
Provisional surplus surrender number - fixed charge year
Surplus and estimation error adjustment number - fixed charge year
Final surplus surrender number - fixed charge year
Surplus surrender number - flexible charge year
Appendix
Chapter 6 - Enforcement Powers of the Regulator
Introduction
Sources of law
Information and document gathering powers
Section 71 notice to give compellable information
Section 221 notice to give information or produce documents
Retention of documents by the regulator
Claims for legal professional privilege and self-incrimination
Monitoring compliance
Appointment of authorised officers and inspectors
Issue and use of identity cards
Exercise of power under the directions of the regulator
Entering premises
Monitoring powers
Asking questions and seeking production of documents
Procedures for obtaining monitoring warrant
Form of monitoring warrant
Civil penalty provisions
Excuse for mistake of fact
Continuing contraventions
Court powers to order civil penalty
Civil enforcement of penalty
Infringement notices
Basis for issuing an infringement notice
Form of infringement notice
Infringement penalty
Withdrawal of an infringement notice
Effect of paying the infringement notice
Savings for civil penalty proceedings
Enforceable undertakings
Acceptable undertakings
Enforcement of undertakings
Monitoring compliance with the undertaking
Criminal sanctions
Offences under the Criminal Code Act 1995 (Cth)
Offences relating to unit shortfall charge
Offence to obstruct the exercise of a warrant
Offences in the Australian National Registry of Emissions Units Act 2011 (Cth)
Appendix - Civil penalty provisions, penalties and infringement notice penalties
Chapter 7 - Review and Appeals
Introduction
Source of law
Processes and rules
Process for internal reconsideration by the regulator
Time limit for requesting internal review
Grounds for reconsideration by the regulator
Time limit for reconsideration of original decision
Process for review by the Administrative Appeals Tribunal
Time limit for application for review
Merits review
Judicial review
Appeal to Federal Court of Australia
Further appeals
Appeal under the Administrative Decisions (Judicial Review) Act 1977 (Cth)
Effect of review or appeal on monies owing to the regulator
Liability for compensation and damages
Index