Legislative Framework

The ACT Greenhouse Gas Abatement Scheme is implemented through the following:

Act

Electricity (Greenhouse Gas Emissions) Act 2004 (ACT)

The Act establishes the ACT Greenhouse Gas Abatement Scheme for the purpose of reducing greenhouse gas emissions from the consumption of electricity in ACT.

The explanatory statement provides a more detailed explanation of the legislation.

Regulation

Electricity (Greenhouse Gas Emissions) Regulation 2004

The Regulation outlines in greater detail many of the practical aspects of the Scheme.

The explanatory statement provides a more detailed explanation of the legislation.

Rules

The Greenhouse Gas Abatement Schemes in the ACT and NSW have a partially integrated system of Rules to ensure that administrative processes are streamlined to the greatest extent possible for participants and to ensure cross-border consistency in the operation of the schemes.

The Greenhouse Gas Benchmark Rules detail the calculation methodology for benchmark participants to measure their compliance and for accredited abatement certificate providers to calculate the eligible number of abatement certificates they can create.

ACT Compliance Rule

The ACT’s Compliance Rule closely mirrors the NSW Compliance Rule. The Compliance Rule for 2012 can be found at: www.legislation.act.gov.au/ni/2012-367/default.asp

The Demand Side Abatement Rule

The Demand Side Abatement Rule (DSA) was gazetted on 9 December 2005. The revised Greenhouse Gas Benchmark Rule (Demand Side Abatement) No. 3 of 2003 provides for DSA projects in the ACT, enabling accreditation of applications for Accredited Abatement Certificate Providers. The new DSA Rule sets out:

• types of eligible activities
• types of ineligible activities
• eligible applicants
• detailed calculation methodologies.

All applicants for DSA projects should use the NSW Greenhouse Gas Benchmark Rule (DSA) No. 3 of 2003, effective from 9 December 2005. Further information on the new Demand Side Abatement Rule can be obtained by following the above link.

Generation Rules

The Generation Rule was gazetted on 23 December 2005. All applicants for generation projects should use the Greenhouse Gas Benchmark Rule (Generation) No.2 of 2003, effective from 23 December 2005.  The new Generation Rule sets out:

• types of eligible activities
• eligible applicants
• classification of generating systems
• detailed calculation methodologies.

Further information on the Generation Rule and on the remaining GGAS Scheme Rules can be found at the IPART website at www.greenhousegas.nsw.gov.au

ACT GGAS Penalties

Section 16 of the ACT’s Electricity (Greenhouse Gas Emissions) Act 2004 specifies that a penalty is the amount prescribed by regulation adjusted in accordance with the regulations and may be adjusted in accordance with movements in the All Groups Consumer Price Index (CPI) for Canberra issued by the Australian Statistician.  A penalty series for the period 2004-05 to 2011-12 is set out in the attached paper.  A penalty of $14.00/t CO₂-e, applies for the 2012 compliance year.