On 16 March 2012 the Department of Climate Change and Energy Efficiency (Department) released an exposure draft of the proposed Clean Energy Amendment Regulation 2012 (draft Clean Energy Amendment Regulation) and the proposed National Greenhouse and Energy Reporting Amendment Regulation 2012 (draft NGER Amendment Regulation). These regulations are necessary to support various provisions of the Clean Energy Act 2011 (CE Act).
The draft Amendment Regulations will, when made, amend the Clean Energy Regulations 2011 and the National Greenhouse and Energy Reporting Regulations 2008. The Clean Energy Regulations 2011, made in November last year, established the assistance arrangements for coal-fired electricity generators and dealt with the prescribed distance rule for landfills. More recently, the Clean Energy Amendment Regulation 2012 (No 1) established the Jobs and Competitiveness Program.
The draft Clean Energy Amendment Regulation addresses administrative and compliance issues associated with the carbon pricing mechanism.
The draft NGER Amendment Regulation covers changes which reflect the way in which the NGERS will interact with the carbon pricing mechanism. Most of the amendments in the draft NGER Amendment Regulation are consequential in nature.
The Department is seeking submissions on the draft Amendment Regulations and has specifically asked that stakeholder submissions address the practical operation of the procedural requirements set out in the draft Amendment Regulations.
The submission period for the Exposure Drafts is very short and will end on 2 April 2012. The Department is intending to make the amendments later in April 2012, in preparation for the commencement of the carbon pricing mechanism on 1 July 2012.