find the latest legal job
Corporate/Commercial Lawyers (2-5 years PAE)
Category: Corporate and Commercial Law | Location: Adelaide SA 5000
· Specialist commercial law firm · Long-term career progression
View details
Graduate Lawyer / Up to 1.5 yr PAE Lawyer
Category: Personal Injury Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Mentoring Opportunity in Regional QLD · Personal Injury Law
View details
Corporate and Commercial Partner
Category: Corporate and Commercial Law | Location: Adelaide SA 5000
· Full time · Join a leading Adelaide commercial law firm
View details
In-house Legal Counsel & Commercial Lawyers
Category: Corporate and Commercial Law | Location: All Sydney NSW
· Providing lawyers with flexibility and control over when they work, how they work and who they work for.
View details
In-house Legal Counsel & Commercial Lawyers
Category: Corporate and Commercial Law | Location: All Melbourne VIC
· Providing lawyers with flexibility and control over when they work, how they work and who they work for.
View details
NGER regulations released in the nick of time

NGER regulations released in the nick of time

ABOUT 450 high greenhouse gas-emitting Australian companies are now required to measure their greenhouse gas emissions and report them to the Federal Government in October next year.The…

ABOUT 450 high greenhouse gas-emitting Australian companies are now required to measure their greenhouse gas emissions and report them to the Federal Government in October next year.

The obligations arise under the National Greenhouse and Energy Reporting Act 2007 (Cth) and supporting regulations, which both came into effect on 1 July.

While the framework Act was released late last year, the regulations were released only on 26 June — just three business days before the regime’s commencement.

According to Deacons partner and head of the firm’s national climate change practice, Elisa de Wit, many of the important deals of the scheme were left for these regulations, and their release has been eagerly anticipated by both businesses and climate change lawyers.

“In my view, there was a great deal of uncertainty before the regulations came out,” De Wit said. “The Act basically just cross-referred to the regulations in terms of the definitions and the approach to be taken, so, until we had the regulations in place, it was hard to know the exact details.”

One of the main concerns for company heads was working out whether or not their company would even be captured by the scheme — and for good reason. CEOs of captured companies that fail to register or report their emissions can be personally fined, De Wit explained.

“We had requests before the regulations came out, [and] we’ve had a number of [new] requests since the regulations have come out from companies trying to understand the impact of those,” de Wit said. “So we’ve been advising clients on whether the Act affects them, and what they’ve got to do [if it does].”

The reporting regime requires corporate groups emitting more than125 kilotonnes of greenhouse gases or producing-consuming 500 terajoules or more of energy, to measure their emissions over the 2008-2009 financial year and report them to the government in October 2009.

The same applies to companies that control “facilities” emitting more than 25 kilotonnes of greenhouse gases, or producing-consuming 100 terajoules or more of energy.

Those reporting thresholds will be lowered over the next three years, and by 2010 the government expects that a total of 700 companies will be captured.

De Wit explained that the government has developed an online calculator that can be used to determine whether a company or facility meets the reporting thresholds. It has also released the National Greenhouse and Energy Reporting (Measurement) Determination 2008, which outlines the methodology to be used for measuring energy production and consumption.

It is expected that this reporting regime will underpin the national emissions trading scheme which is due to come into effect in 2010.

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

NGER regulations released in the nick of time
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Dec 11 2017
Warm welcome for new district court judges
Three practitioners who were appointed as district court judges in WA have been congratulated by ...
Lawyers welcome same-sex marriage reform
Dec 11 2017
Lawyers welcome same-sex marriage reform
Australian lawyers have welcomed the recent legalisation of same-sex marriage, after a prolonged nat...
Senate disallows double standards for temporary visa holders
Dec 8 2017
Senate disallows double standards for temporary visa holders
Lawyers have welcomed the Senate’s rejection of regulations imposing strict penalties on temporary...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...