Carbon Credits (Carbon Farming Initiative—Landfill Gas) Methodology Determination 2015
made under the
Carbon Credits (Carbon Farming Initiative) Act 2011
Compilation No. 1
Compilation date: 8 May 2021
Includes amendments up to: Carbon Credits (Carbon Farming Initiative—Landfill Gas) Methodology Determinaton Variation 2021 (F2021L00556)
About this compilation
This compilation
This is a compilation of the Carbon Credits (Carbon Farming Initiative—Landfill Gas) Methodology Determinaton 2015 that shows the text of the law as amended and in force on 8 May 2021 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
6 References to factors and parameters from external sources
9 Requirements for a new project
10 Requirements for a recommencing project
11 Requirements for an upgrade project
11A Requirements for a restarting flaring project
12 Requirements for a transitioning project
13A Crediting period for certain projects
Division 1—Operation of this Part
15 Overview of gases accounted for in abatement calculations
Division 2—Method for calculating net abatement amount
Division 3—Method for calculating project abatement
21 Methane combusted that was not generated from carbon tax waste
22 Proportion of methane combusted that was not generated from carbon tax waste
24 Methane sent to combustion device
Division 4—Method for calculating baseline abatement
28 Proportion of methane that would have been combusted without the project
29 Proportion of methane that would have been combusted without upgrade
Part 5—Reporting, record‑keeping and monitoring requirements
Division 1—Offsets report requirements
31 Determination of certain factors and parameters
31A Information about electricity generation that must be included in an offsets report
Division 2—Monitoring requirements
33 Requirements to monitor certain parameters
34 Consequences of not meeting requirement to monitor certain parameters
Schedule 1—Determining regulatory proportion
Part 1—Operation of this Schedule
Part 2—Regulatory proportion determined using regulatory guidelines for landfill
2 Regulatory proportion determined using regulatory guidelines for landfill
3 Annual amount of methane permitted to be emitted
4 Annual amount of methane permitted to be emitted from final and intermediate cover
5 Annual amount of methane permitted to be emitted from daily/operational cover
Part 3—Regulatory proportion determined by asking environmental regulator
6 Regulatory proportion determined by asking environmental regulator
Part 5—Regulatory proportion determined by independent expert
This determination is the Carbon Credits (Carbon Farming Initiative—Landfill Gas) Methodology Determination 2015.
This determination is made under subsection 106(1) of the Carbon Credits (Carbon Farming Initiative) Act 2011.
This determination remains in force for the period that:
(a) begins when the determination commences; and
(b) ends on the day before this determination would otherwise be repealed under subsection 50(1) of the Legislative Instruments Act 2003.
In this determination:
Act means the Carbon Credits (Carbon Farming Initiative) Act 2011.
appropriate measuring requirements has the meaning given by subsection 33(3).
carbon tax waste, in relation to a landfill, means waste that was deposited in the landfill between 1 July 2012 and 30 June 2014.
collection efficiency, of a landfill gas collection system at a landfill, means the proportion of landfill gas generated by the landfill that is collected and combusted by the landfill gas collection system, expressed as a percentage.
combustion device means:
(a) a flare, boiler or internal combustion engine that is operated in accordance with the manufacturer’s instructions; or
(b) a device:
(i) that combusts landfill gas with a destruction efficiency of at least 98%; and
(ii) that is operated in accordance with the manufacturer’s instructions; and
(iii) the combustion process of which can be monitored on a minute‑by‑minute basis.
daily cover/operational area, in relation to a landfill, means the area of the landfill normally covered by material used to cover a day’s deposition of waste in active landfill waste disposal areas of the landfill.
final cover area, in relation to a landfill, means the area of the landfill normally covered by material used to cover previously active landfill waste disposal areas of the landfill that have reached final height and are unlikely to be used for waste disposal again.
intermediate cover area¸ in relation to a landfill, means the area of the landfill normally covered by material used to cover previously active landfill working areas that won’t be used for waste disposal for an extended period of time (typically a few weeks to a few months).
landfill means a site where waste is or was buried under a permission (however described) given under the law of a State or Territory.
landfill gas means gas generated from anaerobic decomposition of biological material at a landfill.
landfill gas collection system means a system to collect and combust landfill gas.
landfill gas project has the meaning given by subsection 7(2).
monitoring and control system¸ for a flare, means a system that consists of:
(a) a monitoring system that detects the flame of a flare and monitors if the flare is operating at the manufacturer’s specifications for the complete combustion of methane; and
(b) an associated control system that shuts down landfill gas flow to the flare either when no flame is detected or when the flare is not operating at the manufacturer’s specifications for the complete combustion of methane.
Note: An example of a monitoring and control system for a flare is a flare management system that incorporates a UV detection sensor.
monitoring requirements means the requirements set out in section 33.
new project has the meaning given by section 9.
NGER (Measurement) Determination means the National Greenhouse and Energy Reporting (Measurement) Determination 2008.
NGER Regulations means the National Greenhouse and Energy Reporting Regulations 2008.
non‑monitored period has the meaning given by subsection 34(1).
recommencing project has the meaning given by section 10.
regulatory guidelines for landfill means guidelines that:
(a) establish policy and regulatory requirements for sustainable waste management and landfill performance; and
(b) are applied by environment agencies and environmental protection agencies (including such agencies in States and Territories).
Note: These guidelines typically cover the topics of siting, design, management or operation of landfills.
restarting flaring project has the meaning given by section 11A.
sub‑facility zone has the meaning as in section 5.22A of the NGER (Measurement) Determination.
transitioning project has the meaning given by section 12.
upgrade project has the meaning given by subsection 11(1).
6 References to factors and parameters from external sources
(1) If a calculation in this determination includes a factor or parameter that is defined or calculated by reference to another instrument or writing, the factor or parameter to be used for a reporting period is the factor or parameter referred to in, or calculated by reference to, the instrument or writing as in force at the end of the reporting period.
(2) Subsection (1) does not apply if:
(a) the determination specifies otherwise; or
(b) it is not possible to define or calculate the factor or parameter by reference to the instrument or writing as in force at the end of the reporting period.
(1) For paragraph 106(1)(a) of the Act, this determination applies to an offsets project that aims to reduce emissions of greenhouse gases by collecting and combusting landfill gas from a landfill.
(2) A project covered by subsection (1) is a landfill gas project.
(3) A landfill gas project may be:
(a) a new project; or
(b) a recommencing project; or
(c) an upgrade project; or
(d) a transitioning project; or
(e) a restarting flaring project.
(1) For paragraph 106(1)(b) of the Act, sections 9 to 12 set out requirements that must be met for a landfill gas project to be an eligible offsets project.
(2) For subparagraph 27(4A)(a)(ii) of the Act, subsections 13(1) and (1A) each set out a requirement in lieu of the newness requirement.
(3) For subparagraph 27(4A)(b)(ii) of the Act, subsection 13(2) sets out a requirement in lieu of the regulatory additionality requirement.
9 Requirements for a new project
A new project must:
(a) collect landfill gas by installing a landfill gas collection system at a landfill for which no such system has previously been installed; and
(b) combust the gas using a combustion device.
10 Requirements for a recommencing project
A recommencing project must:
(a) recommence landfill gas collection, using either a new or existing landfill gas collection system, at a landfill that meets both of the following requirements:
(i) no landfill gas collection system has operated at the landfill since 24 April 2014;
(ii) no landfill gas collection system has operated at the landfill during the 3 years before the application for the declaration of the project as an eligible offsets project is made; and
(b) combust the gas using a combustion device.
11 Requirements for an upgrade project
(1) An upgrade project must:
(a) upgrade an existing landfill gas collection system at a landfill to increase its collection efficiency to a higher annual level than previously measured at the landfill over each year covered by subsection (2); and
(b) install new gas wells to increase landfill gas collection; and
(c) combust the gas collected using a combustion device.
(2) An application for declaration of an upgrade project as an eligible offsets project must include operational records that:
(a) support the calculation of the collection efficiency of the existing landfill gas collection system; and
(b) cover the 4‑year period before the application is made.
(3) The first reporting period for an upgrade project must end not less than 12 months after the landfill gas collection system, as upgraded, begins to collect landfill gas.
(4) However, an upgrade project applying this determination before the commencement of the Carbon Credits (Carbon Farming Initiative—Landfill Gas) Methodology Determination Variation 2021 remains an upgrade project if it complies with the requirements of this section before it was varied.
Note: Crediting for such projects would consider 2 years or, if data is available to the project proponent for that period, 3 years of previous data under section 29, if the project proponent does not have 4 years of previous data available.
11A Requirements for a restarting flaring project
(1) A restarting flaring project must:
(a) have previously been a landfill gas project (other than a restarting flaring project) that generated electricity during its crediting period or periods; and
(b) collect landfill gas and combust it with a flare; and
(c) not generate electricity after its declaration as a restarting flaring project; and
(d) have a crediting period greater than zero under section 13A.
(2) An application for declaration of a restarting flaring project as an eligible offsets project must include a written statement from the chief executive officer or chief financial officer (however described) of the project proponent of the project that:
(a) the continued generation of electricity is unlikely to be economic for the site; and
(b) in the absence of the declaration of the project as an eligible offsets project there is unlikely to be combustion of landfill gas at the site beyond that which will be assumed for the project under section 28; and
(c) there is no regulatory or contractual obligation which requires combustion of landfill gas at the site beyond that which will be assumed for the project under section 28; and
(d) consultation under subsection (3) has been undertaken and supports the above statements.
(3) A person must not provide a statement under subsection (2) without consulting with relevant regulatory authorities and the owners of the landfill site.
(4) A restarting flaring project is credited under this determination as a new project, a recommencing project, an upgrade project or a transitioning project as it was previously credited as a landfill gas project (other than a restarting flaring project).
12 Requirements for a transitioning project
A transitioning project must:
(a) collect landfill gas by continuing to operate a landfill gas collection system that was operated as part of a project that was operating under:
(i) the Carbon Farming (Capture and Combustion of Methane in Landfill Gas from Legacy Waste) Methodology Determination 2012; or
(ii) the Carbon Credits (Carbon Farming Initiative) (Capture and Combustion of Methane in Landfill Gas from Legacy Waste: Upgrade Projects) Methodology Determination 2012; and
(b) combust the gas using a combustion device.
(1) For subparagraph 27(4A)(a)(ii) of the Act, a requirement in lieu of the newness requirement for a recommencing project is that the project complies with subparagraph 27(4A)(a)(i) of the Act, disregarding any operation of the landfill gas collection system before the earliest of the following:
(a) the beginning of the period of 3 years before the application for the declaration of the project as an eligible offsets project was made;
(b) the end of the day that is 24 April 2014.
(1A) For subparagraph 27(4A)(a)(ii) of the Act, a requirement in lieu of the newness requirement for a restarting flaring project is that:
(a) the requirements of section 11A are satisfied; and
(b) flaring equipment that needs to be installed or reinstalled at the site to undertake the project has not been installed or reinstalled (other than for backup or maintenance purposes) at any point in the 2 years immediately before the application for the declaration of the project as an eligible offsets project was made.
(2) For subparagraph 27(4A)(b)(ii) of the Act, a requirement in lieu of the regulatory additionality requirement is that the project is a landfill gas project.
13A Crediting period for certain projects
(1) For paragraph 69(3)(b) and subparagraph 70(3)(d)(ii) of the Act, if a landfill gas project (other than a restarting flaring project) during its second or only crediting period:
(a) does not use landfill gas to generate electricity; or
(b) does not use landfill gas to generate electricity for more than a total period of 84 calendar months;
the period of 12 years is specified.
(2) However, if:
(a) a project was covered by subsection (1) at the start of the 8th year of its second or only crediting period; and
(b) before the crediting period ends under subsection (1) the total period for which landfill gas is used to generate electricity during the crediting period exceeds 84 calendar months;
the crediting period ends at the start of the 85th calendar month that landfill gas is used to generate electricity.
(3) For this section and reporting under section 31A:
(a) landfill gas is used to generate electricity in a calendar month if at any point during 3 or more days in the calendar month electricity is generated from landfill gas; and
(b) the total calendar months of generation do not need to be consecutive; and
(c) a calendar month after electricity is first generated is presumed to be a month during which electricity is generated if there is no evidence to the contrary.
(4) For paragraph 69(3)(b) of the Act, if a landfill gas project is a restarting flaring project, the period is specified as 12 years minus the length of the last crediting period when the project was previously an eligible offsets project.
(5) However, the crediting period for a restarting flaring project under subsection (4) ends the day after the project uses landfill gas to generate electricity.
Division 1—Operation of this Part
For paragraph 106(1)(c) of the Act, this Part specifies the method for working out the carbon dioxide equivalent net abatement amount for a reporting period for a landfill gas project that is an eligible offsets project.
15 Overview of gases accounted for in abatement calculations
The following table provides an overview of the greenhouse gas abatement and emissions that are relevant to working out the carbon dioxide equivalent net abatement amount for a landfill gas project.
Greenhouse gas abatement and emissions | |||
Item | Relevant calculation | Emissions source | Greenhouse gas |
1 | Baseline abatement | Destruction of methane in landfill gas by combustion | Methane (CH4) |
2 | Baseline abatement | Destruction of methane in landfill gas by oxidation in the near surface conditions of the landfill | Methane (CH4) |
3 | Project abatement | Destruction of methane in landfill gas by combustion | Methane (CH4) |
4 | Project emissions | Combustion of landfill gas | Methane (CH4) |
(1) Inputs for this method must cover the whole landfill.
Note: This subsection prevents a proponent from operating a project only in relation to a selected portion of a landfill where, for example, gas might be easier to extract.
(2) If a parameter in an equation is worked out, or determined, in a particular way for a reporting period, then, it must be worked out, or determined, in the same way for all other equations in which it is used for the reporting period.
Division 2—Method for calculating net abatement amount
Net abatement is calculated as project abatement minus baseline abatement.
The carbon dioxide equivalent net abatement amount for the reporting period, in tonnes CO2‑e, is worked out using the formula (equation 1):
where:
A means the carbon dioxide equivalent net abatement amount for the reporting period, in tonnes CO2‑e.
AP means the project abatement for the reporting period, in tonnes CO2‑e, worked out using equation 2.
AB means the baseline abatement for the reporting period, in tonnes CO2‑e, worked out using equation 12.
Division 3—Method for calculating project abatement
Project abatement is calculated as the amount of methane combusted by the project that was not generated by carbon tax waste minus the amount that would have been oxidised in the near surface conditions of the landfill had it not been collected during the project.
The project abatement for the reporting period, in tonnes CO2‑e, is worked out using the formula (equation 2):
where:
AP means the project abatement for the reporting period, in tonnes CO2‑e.
MCom,NCT means the methane combusted during the reporting period that was not generated from carbon tax waste, in tonnes CO2‑e, worked out using equation 3.
MCom,Ox means the methane combusted during the reporting period that was not generated from carbon tax waste and that, without the project, would have been oxidised in near surface conditions of landfill, in tonnes CO2‑e, worked out using equation 11.
21 Methane combusted that was not generated from carbon tax waste
The methane combusted during the reporting period that was not generated from carbon tax waste, in tonnes CO2‑e, is worked out using the formula (equation 3):
where:
MCom,NCT means the methane combusted during the reporting period that was not generated from carbon tax waste, in tonnes CO2‑e.
γ means the factor to convert cubic metres of methane at standard conditions to tonnes of CO2‑e worked out using subsection 5.4(1) of the NGER (Measurement) Determination.
WNCT means the proportion of the methane combusted during the reporting period that was not generated from carbon tax waste worked out using equation 4.
MCom means the methane that was combusted during the reporting period, in cubic metres, worked out using equation 5.
22 Proportion of methane combusted that was not generated from carbon tax waste
(1) The proportion of the methane combusted during the reporting period that was not generated from carbon tax waste, in cubic metres, is worked out using the formula (equation 4):
where:
WNCT means the proportion of the methane combusted during the reporting period that was not generated from carbon tax waste.
MCom,y means the methane combusted in financial year y, in cubic metres, worked out using equation 5 as if a reporting period were a financial year.
MCom means the methane combusted during the reporting period, in cubic metres, worked out using equation 5.
MCTW,y means the methane generated by the landfill from carbon tax waste in financial year y in tonnes of CO2‑e calculated in accordance with subsection (2).
MGen,y means the methane generated by the landfill in financial year y, in tonnes CO2‑e, calculated in accordance with subsection (3).
y means a financial year covered (either partly or fully) by the reporting period.
Note: The summation of this equation over financial years is to cover circumstances where reporting periods span financial years.
Methane generated from carbon tax waste in financial year y
(2) The methane generated by the landfill from carbon tax waste in financial year y, in tonnes of CO2‑e, is equivalent to parameter CH4gen calculated:
(a) under Part 5.2 of the NGER (Measurement) Determination; and
(b) in accordance with the following:
(i) the year y for working out MCTW,y is a financial year that the reporting period partially or fully covers;
(ii) the calculation is based only on carbon tax waste.
Note: See section 6 for the version of NGER (Measurement) Determination that must be used.
Methane generated in year y
(3) The methane generated by the landfill in year y, in tonnes CO2‑e, is equivalent to parameter CH4gen calculated:
(a) under Part 5.2 of the NGER (Measurement) Determination; and
(b) with methane generation determined for the whole landfill as if it were a single sub‑facility zone; and
(c) in accordance with subsection (4), (5), (6) or (7), as required, and subsection (8), as required.
(4) For working out MGen,y for equation 4, financial year y is a financial year covered (either partly or fully) by the reporting period.
(5) For working out MGen,y for equation 18, year y is the 12 month period immediately after the upgrade undertaken in the project is completed.
(6) For working out MGen,y for equation 20 and clause 5 of Schedule 1, year y is the 12 month period immediately before the project begins.
(7) For working out MGen,y for clause 2 of Schedule 1 (for the purposes of items 1 and 2 of the table in subclause 6(2) of Schedule 1) and items 5 and 6 of the table in subclause 6(2) of Schedule 1, year y is the 12 month period immediately before the advice is given by the environmental regulator.
(8) For subsections (5), (6) and (7), if the 12 month period covers 2 financial years, CH4gen is calculated by:
(i) calculating CH4gen for each financial year covered by the 12 month period; and
(ii) multiplying the amount of CH4gen for each financial year by the proportion of days in the financial year covered by the 12 month period; and
(iii) summing the results.
(1) The methane combusted during a reporting period, in cubic metres, is worked out using the formula (equation 5):
where:
MCom means the methane combusted during the reporting period, in cubic metres.
MCom,h means the methane combusted during the reporting period by combustion device h, in cubic metres, worked out using equation 6 or 7 as required.
Methane combusted by combustion device h—boiler or flare with monitoring and control system or internal combustion engine
(2) If combustion device h is a boiler, a flare with monitoring and control system or an internal combustion engine, the methane combusted during the reporting period by the device, in cubic metres, is worked out using the formula (equation 6):
where:
MCom,h means the methane combusted during the reporting period by combustion device h, in cubic metres.
DE means the default methane destruction efficiency for a combustion device, which for an internal combustion engine is 1 and for any other combustion device is 0.98.
MSent,h means the methane sent to combustion device h during the reporting period, in cubic metres, worked out using equation 8, 9 or 10.
Methane combusted by combustion device h—other combustion devices
(3) If combustion device h is not a boiler, a flare with monitoring and control system or an internal combustion engine, the methane combusted during the reporting period by the device, in cubic metres, is worked out using the formula (equation 7):
where:
MCom,h means the methane combusted during the reporting period by combustion device h, in cubic metres.
DE means the default methane destruction efficiency for a combustion device, which for an internal combustion engine is 1 and for any other combustion device is 0.98.
Oh,a means the operation of combustion device h in hour a, which is either 0 or 1, worked out in accordance with the monitoring requirements.
MSent,h,a means the methane sent to combustion device h in hour a, in cubic metres, worked out using equation 8 or 9.
24 Methane sent to combustion device
(1) Methane sent to a combustion device h during a particular period may be worked out using:
(a) equation 8; or
(b) equation 9; or
(c) equation 10 (if applicable).
Option 1—using landfill gas sent to combustion device
(2) Using the volume of the landfill gas sent to the combustion device (QLFG,h), the methane sent to the combustion device during the period is worked out using the formula (equation 8):
where:
MSent,h means the methane sent to the combustion device h during the period, in cubic metres.
QLFG,h means the landfill gas sent to the combustion device h during the period, in cubic metres, worked out in accordance with the monitoring requirements.
W LFG,CH4 means the proportion of the landfill gas that is methane, which is, at the election of the project proponent:
(a) 0.42; or
(b) worked out in accordance with the monitoring requirements; or
(c) if the project is covered by subsection (2A)—set out in section 5.14C of the NGER (Measurement) Determination.
(2A) The following projects are covered by this subsection:
(a) a landfill gas project, other than a restarting flaring project, whose application under section 22 of the Act was made before 1 September 2020; or
(b) a restarting flaring project that, when it was previously a landfill gas project, had an application under section 22 of the Act made before 1 September 2020.
(3) If, at any time during which this determination is the applicable methodology for the project, the monitoring requirements are used to work out WLFG,CH4, then, the monitoring requirements must be used for that purpose for the remainder of the project.
(4) Subsection (3) has effect subject to section 33.
Option 2—using energy content of landfill gas sent to combustion device
(5) Using the energy content of the landfill gas sent to the combustion device (QEn,h), the methane sent to the combustion device during the period is worked out using the formula (equation 9):
where:
MSent,h means the methane sent to the combustion device h during the period in cubic metres.
QEn,h means the energy content of the landfill gas sent to the combustion device h during the period, in gigajoules, worked out in accordance with the monitoring requirements.
ECLFG means the energy content factor for landfill gas that is collected for combustion (methane only), in gigajoules per cubic metre, set out in Part 2 of Schedule 1 to the NGER (Measurement) Determination.
Option 3—using electricity produced by internal combustion engine
(6) If the combustion device is an internal combustion engine, using the electricity produced by the device (QEG,h), the methane sent to the combustion device during the period is worked out using the formula (equation 10):
where:
MSent,h means the methane sent to the combustion device h during the period, in cubic metres.
QEG,h means the electricity (supplied to the grid or used on‑site) produced by internal combustion engine h during the period, in megawatt hours, worked out in accordance with the monitoring requirements.
FMWh→GJ means the factor to convert megawatt hours to gigajoules, which is 3.6.
Effh means:
(a) the factor for the electrical efficiency of internal combustion engine h determined in accordance with:
(i) the manufacturer’s specifications for the combustion of landfill gas; and
(ii) if the specifications set out a range of such efficiencies—the highest of those efficiencies; or
(b) if no such factor can be determined in accordance with the manufacturer’s specifications—the amount set out in subparagraph 2.38(2)(a)(ii) of the NGER (Measurement) Determination.
ECLFG means the energy content factor for landfill gas that is captured for combustion (methane only), in gigajoules per cubic metre, set out in Part 2 of Schedule 1 to the NGER (Measurement) Determination.
25 Methane combusted that was not generated from carbon tax waste and that would have been oxidised in near surface conditions
The methane combusted during the reporting period that was not generated from carbon tax waste and that, without the project, would have been oxidised in near surface conditions of landfill, in tonnes CO2‑e, worked out using the formula (equation 11):
where:
MCom,Ox means the methane combusted during the reporting period that was not generated from carbon tax waste and that, without the project, would have been oxidised in near surface conditions of landfill, in tonnes CO2‑e.
MCom,NCT means the methane combusted during the reporting period that was not generated from carbon tax waste, in tonnes CO2‑e, worked out using equation 3.
OF means the oxidation factor for near surface methane in landfill set out in the definition of OF in subsection 5.4(1) of the NGER (Measurement) Determination.
WB means the proportion of the methane combusted in the reporting period that would have been combusted without the project worked out using whichever of equations 13 to 16 applies.
Division 4—Method for calculating baseline abatement
Baseline abatement is calculated as the amount of methane combusted by the project that was not generated by carbon tax waste multiplied by the proportion representing the amount of methane combusted during the project that would have been combusted without the project.
The determination of this proportion depends on the type of project.
The baseline abatement for the reporting period, in tonnes CO2‑e, is worked out using the formula (equation 12):
where:
AB means the baseline abatement for the reporting period, in tonnes CO2‑e.
MCom,NCT means the methane combusted during the reporting period that was not generated from carbon tax waste, in tonnes CO2‑e, worked out using equation 3.
WB means the proportion of the methane combusted during the reporting period that would have been combusted without the project worked out using whichever of equations 13 to 16 applies.
28 Proportion of methane that would have been combusted without the project
New or recommencing project
(1) If the project is a new project or a recommencing project, the proportion of the methane combusted during the reporting period that would have been combusted without the project is worked out using the formula (equation 13):
where:
WB means the proportion of the methane combusted during the reporting period that would have been combusted without the project.
WB,Reg means the regulatory proportion of the methane combusted during the reporting period that would have been combusted without the project as determined using Schedule 1 to this determination.
WB,Def means the default proportion of the methane combusted during the reporting period that would have been combusted without the project, which is as follows:
(a) 0% if the project proponent can demonstrate that, since 24 March 2011, the landfill concerned has not been subject to:
(i) legislation or regulatory guidelines for landfill; or
(ii) a licence condition or development approval that includes any form of general or specific qualitative requirement to collect, control, manage or limit landfill gas, methane odour or greenhouse gases;
(b) otherwise—30%.
Upgrade project
(2) If the project is an upgrade project, the proportion of the methane combusted during the reporting period that would have been combusted without the project is worked out using the formula (equation 14):
where:
WB means the proportion of the methane combusted during the reporting period that would have been combusted without the project.
WB,Reg means the regulatory proportion of the methane combusted during the reporting period that would have been combusted without the project determined using Schedule 1 to this determination.
WB,Def has the same meaning as in subsection (1).
WB,Ex means the proportion of the methane combusted during the reporting period that would have been combusted without the upgrade project worked out using equation 17.
Transitioning projects
(3) If the project is a transitioning project that was operating under the Carbon Credits (Carbon Farming Initiative) (Capture and Combustion of Methane in Landfill Gas from Legacy Waste) Methodology Determination 2012 (the legacy determination), the proportion of the methane combusted during the reporting period that would have been combusted without the project is worked out using the formula (equation 15):
where:
WB means the proportion of the methane combusted during the reporting period that would have been combusted without the project.
RP means RP as worked out under the legacy determination.
(4) If the project is a transitioning project that was operating under the Carbon Credits (Carbon Farming Initiative) (Capture and Combustion of Methane in Landfill Gas from Legacy Waste: Upgrade Projects) Methodology Determination 2012 (the legacy upgrade determination), the proportion of the methane combusted during the reporting period that would have been combusted without the project is worked out using the formula (equation 16):
where:
WB means the proportion of the methane combusted during the reporting period that would have been combusted without the project.
BP means Bp as worked out under the legacy upgrade determination.
(5) The value given to WB in subsection (1), (2), (3) or (4) must be the same throughout the crediting period.
29 Proportion of methane that would have been combusted without upgrade
(1) For an upgrade project, the proportion of the methane combusted during the reporting period that would have been combusted without the project is worked out using the formula (equation 17):
where:
WB,Ex means the proportion of the methane combusted during the reporting period that would have been combusted without the upgrade project.
WCom,Bef means:
(a) if equation 19A is calculated on the basis of data only for 2 years in accordance with subsection (7)—the average proportion of the methane from the landfill that is collected and destroyed during the 2 years before the upgrade is started, worked out using equation 19; or
(b) otherwise—the higher of:
(i) the average proportion of the methane from the landfill that is collected and destroyed during the 2 years before the upgrade is started, worked out using equation 19; and
(ii) the average proportion of the methane from the landfill that is collected and destroyed during the 4 years before the upgrade is started, worked out using equation 19A.
WCom,Aft means the average proportion of the methane from the landfill that is collected and destroyed during the 12 months immediately after the upgrade is completed, worked out using equation 18.
Methane collected and destroyed during 12 months after upgrade
(2) The average proportion of the methane from the landfill that is collected and destroyed during the 12 months immediately after the upgrade is completed is worked out using the formula (equation 18):
where:
WCom,Aft means the average proportion of the methane from the landfill that is collected and destroyed during the 12 months immediately after the upgrade is completed.
means the factor to convert cubic metres of methane at standard conditions to tonnes of CO2‑e set out in subsection 5.4(1) of the NGER (Measurement) Determination.
MSent,h means the methane sent to the combustion device h during the reporting period, in cubic metres, worked out using equation 8, 9 or 10.
MGen,y means the methane generated by the landfill in year y, in tonnes CO2‑e, worked out using subsection 22(3).
y means the 12 months immediately after the upgrade is completed.
Methane collected and destroyed during 2 years before upgrade
(3) The average proportion of the methane from the landfill that is collected and destroyed during the 2 years before the upgrade is started is worked out using the formula (equation 19):
where:
WCom,Bef means the average proportion of the methane from the landfill that is collected and destroyed during the 2 years:
(a) immediately before the upgrade is started; or
(b) if elected by the project proponent—immediately before the application for declaration of the upgrade project as an eligible offsets project.
means the factor to convert cubic metres of methane at standard conditions to tonnes of CO2‑e set out in subsection 5.4(1) of the NGER (Measurement) Determination.
Qcap,y means the quantity of methane in landfill gas collected for combustion from the landfill during year y, in cubic metres, measured as prescribed in Part 5.2 of the NGER (Measurement) Determination.
Note: The term collected for combustion in the NGER (Measurement) Determination is intended to mean landfill methane collected for combustion for electricity generation.
Qflared,y means the quantity of methane in landfill gas from the landfill that is flared or otherwise combusted for purposes other than electricity generation during year y, in cubic metres, measured as prescribed in Part 5.2 of the NGER (Measurement) Determination.
Qtr,y means the quantity of methane in landfill gas transferred out of the landfill during year y, in cubic metres, measured as prescribed in Part 5.2 of the NGER (Measurement) Determination.
CH4*,y means the estimated quantity of methane in landfill gas generated by the landfill during year y, in tonnes CO2‑e, measured and determined in accordance with subsection (4).
y means a year in the 2 years:
(a) immediately before the upgrade is started; or
(b) if elected by the project proponent—immediately before the application for declaration of the upgrade project as an eligible offsets project.
Methane collected and destroyed during 4 years before upgrade
(3A) The average proportion of the methane from the landfill that is collected and destroyed during the 4 years before the upgrade is started is worked out using the formula (equation 19A):
where:
WCom,Bef means the average proportion of the methane from the landfill that is collected and destroyed during the 4 years:
(a) immediately before the upgrade is started; or
(b) if elected by the project proponent—immediately before the application for declaration of the upgrade project as an eligible offsets project.
means the factor to convert cubic metres of methane at standard conditions to tonnes of CO2‑e set out in subsection 5.4(1) of the NGER (Measurement) Determination.
Qcap,y means the quantity of methane in landfill gas collected for combustion from the landfill during year y, in cubic metres, measured as prescribed in Part 5.2 of the NGER (Measurement) Determination.
Note: The term collected for combustion in the NGER (Measurement) Determination is intended to mean landfill methane collected for combustion for electricity generation.
Qflared,y means the quantity of methane in landfill gas from the landfill that is flared or otherwise combusted for purposes other than electricity generation during year y, in cubic metres, measured as prescribed in Part 5.2 of the NGER (Measurement) Determination.
Qtr,y means the quantity of methane in landfill gas transferred out of the landfill during year y, in cubic metres, measured as prescribed in Part 5.2 of the NGER (Measurement) Determination.
CH4*+,y means the estimated quantity of methane in landfill gas generated by the landfill during year y, in tonnes CO2‑e, measured and determined in accordance with subsection (4A).
y means a year in the 4 years:
(a) immediately before the upgrade is started; or
(b) if elected by the project proponent—immediately before the application for declaration of the upgrade project as an eligible offsets project.
x means:
(a) if pursuant to subsection (7) WCom,Bef is calculated for the purposes of this subsection based on data for a 4 year period—4;
(b) if pursuant to subsection (7) WCom,Bef is calculated for the purposes of this subsection based on data for a 3 year period—3;
(c) if pursuant to subsection (7) WCom,Bef is calculated for the purposes of this subsection based on data for a 2 year period—2.
(4) CH4*,y is equivalent to CH4* calculated:
(a) under Part 5.2 of the NGER (Measurement) Determination; and
(b) in accordance with the following:
(i) the reporting year is year y, where y means a year in the 2 years immediately before the upgrade;
(ii) methane generation must be determined for the whole landfill as if it were a single sub‑facility zone.
(4A) CH4*+,y is equivalent to CH4* calculated:
(a) under Part 5.2 of the NGER (Measurement) Determination; and
(b) in accordance with the following:
(i) the reporting year is year y, where y means a year in the 4 years immediately before the upgrade;
(ii) methane generation must be determined for the whole landfill as if it were a single sub‑facility zone.
(5) For subsections (4) and (4A), if year y covers 2 financial years, use the method set out in subsection 22(8) (as if CH4gen were CH4*).
(6) To avoid doubt, the time periods in this section relating to a restarting flaring project which was previously an upgrade project relate to the previous upgrade project and are not reset by the declaration of the project as a restarting flaring project.
(7) In subsections (1), (3A) and (4A), references to “4 years” are taken to mean “2 years or, if data is available to the project proponent for that period, 3 years” for an upgrade project applying this determination before the commencement of the Carbon Credits (Carbon Farming Initiative—Landfill Gas) Methodology Determination Variation 2021 that does not have 4 years of previous data.
Part 5—Reporting, record‑keeping and monitoring requirements
Note: Other reporting, record‑keeping and monitoring requirements are set out in regulations and rules made under the Act.
Division 1—Offsets report requirements
For paragraph 106(3)(a) of the Act, this Division sets out information that must be included in an offsets report about a landfill gas project that is an eligible offsets project.
31 Determination of certain factors and parameters
(1) If, in the circumstances described in paragraph 6(2)(b), a factor or parameter is defined or calculated for a reporting period by reference to an instrument or writing as in force from time to time, the offsets report about the project for the reporting period must include the following information for the factor or parameter:
(a) the versions of the instrument or writing used;
(b) the start and end dates of each use;
(c) the reasons why it was not possible to define or calculate the factor or parameter by reference to the instrument or writing as in force at the end of the reporting period.
(2) If a parameter is determined under section 34 for the purpose of working out the carbon dioxide equivalent net abatement amount for a landfill gas project for a reporting period, the offsets report about the project for the reporting period must include the following information for the parameter:
(a) the name of the parameter;
(b) the start and end dates of the non‑monitored period for which the parameter was determined;
(c) the value of the parameter and how that value was calculated;
(d) the reasons why the project proponent failed to monitor the parameter as required by the monitoring requirements.
31A Information about electricity generation that must be included in an offsets report
(1) If the project has used landfill gas to generate electricity during its second or only crediting period or periods—an offsets report for a reporting period must include the total number of calendar months that landfill gas has been used to generate electricity between the start of its second or only crediting period and the end of the reporting period.
Note: Under subsection 13A(3) any generation of electricity during 3 or more days in a calendar month means that month is a month in which electricity is generated from landfill gas and the months do not need to be consecutive. After generation has commenced, the generation is presumed to continue in the absence of evidence to the contrary.
(2) Subsection (1) does not apply to a restarting flaring project, but an offsets report for a reporting period for a restarting flaring project must indicate if landfill gas was used to generate electricity during the reporting period.
Division 2—Monitoring requirements
For paragraph 106(3)(d) of the Act, this Division sets out:
(a) requirements to monitor a landfill gas project that is an eligible offsets project (see section 33); and
(b) certain consequences if the project proponent fails to monitor the project as required (see section 34).
33 Requirements to monitor certain parameters
(1) The project proponent for a landfill gas project must monitor and determine a parameter set out in an item of the following table in accordance with the instructions in the item.
Monitored parameters | |||||
| Parameter | Description | Unit | Measurement procedure (including frequency as required) | Determination of parameter from measurements |
1 | QEn,h | Energy content of the landfill gas sent to combustion device h | Gigajoules | Estimated under Division 2.3.6 of the NGER (Measurement) Determination or section 6.5 of that Determination using measurement criteria AAA. | Cumulative value for reporting period |
2 | Oh,a | Operation of combustion device h during hour a | 1 or 0 | If the combustion device is a flare, operation is determined for each minute using temperature measurement. If temperature is measured at 500 degrees Celsius or higher for 40 minutes or more in an hour, then Oh,a = 1. Otherwise Oh,a = 0. For all other combustion devices, operation for each minute is to be determined in accordance with manufacturer’s specifications. If the device operates according to manufacturer’s specifications for the entire hour then Oh,a = 1. Otherwise Oh,a = 0. All measuring equipment must be used in accordance with appropriate measuring requirements | For the purpose of calculating Mcom,h in equation 7 (above), the value of Oh,a determined for an hour based on the operation of the combustion device must be paired to the cumulative value of Msent,h for the same hour |
3 | QLFG,h | Landfill gas sent to combustion device h | Cubic metres | Estimated under Division 2.3.6 of the NGER (Measurement) Determination using measurement criteria AAA. Frequency—continuously | For equation 7, cumulative values for a time interval not greater than 1 hour must be paired to measurements of WLFG,CH4 for the time interval. Otherwise, the measurements must be paired to measurements of WLFG,CH4 for the same measurement interval |
4 | QEG,h | Electricity (supplied to the grid or used on‑site) generated by internal combustion engine h | Megawatt hour | Estimated under Part 6.1 of the NGER (Measurement) Determination. Measure only the electricity produced from the combustion of landfill gas (not from the combustion of other fuel types) | Cumulative value for the reporting period |
5 | WLFG,CH4 | Fraction of the volume of landfill gas that is methane | Fraction | Estimated under Division 2.3.6 of the NGER (Measurement) Determination. Frequency—continuously. Measured at the same conditions as QLFG,h | For the purpose of equation 7, average values for a time interval not greater than 1 hour must be paired to measurements of QLFG,h for the time interval. Otherwise, the measurements must be paired to measurements of QLFG,h for the same measurement interval |
(2) Any equipment or device used to monitor a parameter must be calibrated by an accredited third party technician at intervals, and using methods, that are in accordance with the manufacturer’s specifications.
(3) In this section:
appropriate measuring requirements, in relation to a measurement or estimate, means requirements that are consistent with:
(a) requirements that apply in relation to similar measurements or estimates under the NGER (Measurement) Determination; or
(b) relevant standards and other requirements under the National Measurement Act 1960.
34 Consequences of not meeting requirement to monitor certain parameters
(1) If, during a particular period (the non‑monitored period) in a reporting period, a project proponent for a landfill gas project fails to monitor a parameter mentioned in the following table as required by the monitoring requirements, the value of the parameter for the purpose of working out the net abatement amount for the reporting period is to be determined for the non‑monitored period in accordance with the table.
Consequence of not meeting requirement to monitor certain parameters | ||
Item | Parameter | Determination of parameter for non‑monitored period |
1 | WLFG,CH4 | The parameter is: (a) for any cumulative period of up to 3 months in any 12 months of a crediting period for the project—the amount set out in section 5.14C of the NGER (Measurement) Determination multiplied by 0.9; and (b) for any period in excess of that 3 months—the amount set out section 5.14C of the NGER (Measurement) Determination multiplied by 0.5 |
2 | Each of the following: (a) QEn,h; (b) QLFG,h; (c) QEG,h; | The project proponent must make a conservative estimate of the parameter having regard to: (a) any relevant measurement or estimation approaches or requirements that apply to the parameter under the NGER (Measurement) Determination; and (b) any relevant historical data for the project; and (c) any other data for the project that relates to the parameter; and (d) any other matter the project proponent considers relevant |
(2) To avoid doubt, this section does not prevent the Regulator from taking action under the Act, or regulations or rules made under the Act, in relation to the project proponent’s failure to monitor a parameter as required by the monitoring requirements.
Note: Examples of action that may be taken include the following:
(a) if the failure constitutes a breach of a civil penalty provision in section 194 of the Act (which deals with project monitoring requirements), the Regulator may apply for a civil penalty order in respect of the breach;
(b) if false or misleading information was given to the Regulator in relation to the failure, the Regulator may revoke the project’s section 27 declaration under regulations or rules made for the purposes of section 38 of the Act;
(c) if the giving of false or misleading information in relation to the failure led to the issue of Australian carbon credit units, the Regulator may require all or some of those units to be relinquished under section 88 of the Act.
Schedule 1—Determining regulatory proportion
Note: See subsections 28(1) and (2).
Part 1—Operation of this Schedule
(1) For subsections 28(1) and (2), the regulatory proportion of the methane combusted during the reporting period that would have been combusted without the project (WB,Reg) is determined using an option set out in Parts 2 to 5.
No obligation on State and Territory environmental regulators
(2) To avoid doubt, this Schedule does not require the environmental regulator in a State or Territory to do anything.
Part 2—Regulatory proportion determined using regulatory guidelines for landfill
2 Regulatory proportion determined using regulatory guidelines for landfill
(1) If there is no permitted methane flux rates for a State or Territory set out in the tables in subclauses 4(2) and 4(3), then, for a project located in the State or Territory, WB,Reg is 0.
(2) Otherwise, WB,Reg may be worked out using the formula (equation 20):
WB,Reg means the regulatory proportion of the methane combusted during the reporting period that would have been combusted without the project.
MReg means the annual amount of methane that is permitted to be emitted from the landfill, in tonnes CO2‑e, worked out using equation 21.
MGen,y means the methane generated by the landfill in year y, in tonnes CO2‑e, worked out using subsection 22(3).
3 Annual amount of methane permitted to be emitted
The annual amount of methane that is permitted to be emitted from the landfill, in tonnes CO2‑e, is worked out using the formula (equation 21):
where:
MReg means the annual amount of methane that is permitted to be emitted from the landfill, in tonnes CO2‑e.
MReg,FI means the annual amount of methane that is permitted to be emitted from the final and intermediate cover of the landfill, in tonnes CO2‑e, worked using equation 22.
MReg,D means the annual amount of methane that is permitted to be emitted from the daily/operational cover of the landfill, in tonnes CO2‑e, determined in accordance with clause 5.
4 Annual amount of methane permitted to be emitted from final and intermediate cover
(1) The annual amount of methane that is permitted to be emitted from the final and intermediate cover of the landfill, in tonnes CO2‑e, is worked using the formula (equation 22):
where:
MReg,FI means the annual amount of methane that is permitted to be emitted from the final and intermediate cover of the landfill, in tonnes CO2‑e.
OF means the oxidation factor for near surface methane in landfill set out in the definition of OF in subsection 5.4(1) of the NGER (Measurement) Determination.
GWPCH4 means the global warming potential value for methane set out in regulation 2.02 of the NGER (Measurement) Determination.
Sx means the area of the landfill that is cover type x, in square metres.
Cx means the permitted methane flux rate for the landfill for cover type x, in tonnes of methane per square metre per hour, set out the applicable table in subsection (2) or (3).
x means the type of landfill cover, being either final cover or intermediate cover.
(2) The following table sets out permitted methane flux rates for final cover.
Permitted methane flux rates for final cover (Cx) | |||
Item | State or Territory | Methane concentration limit (CH4 ppm) | Permitted methane flux rate estimated from the methane concentration limit (tCH4/m2/hr) |
1 | New South Wales | 500 | 2.5 x 10‑6 |
2 | Victoria | 100 | 0.3 x 10‑6 |
3 | Queensland | 500 | 2.5 x 10‑6 |
4 | Western Australia | 500 | 2.5 x 10‑6 |
5 | South Australia | n/a | n/a |
6 | Tasmania | 500 | 2.5 x 10‑6 |
7 | Australian Capital Territory | 100 | 0.3 x 10‑6 |
8 | Northern Territory | n/a | n/a |
(3) The following table sets out permitted methane flux rates for intermediate cover.
Permitted methane flux rates for intermediate cover (Cx) | |||
Item | State or Territory | Methane concentration limit (CH4 ppm) | Permitted methane flux rate estimated from the methane concentration limit (tCH4/m2/hr) |
1 | New South Wales | 500 | 2.5 x 10‑6 |
2 | Victoria | 100 | 0.3 x 10‑6 |
3 | Queensland | 500 | 2.5 x 10‑6 |
4 | Western Australia | 500 | 2.5 x 10‑6 |
5 | South Australia | n/a | n/a |
6 | Tasmania | 500 | 2.5 x 10‑6 |
7 | Australian Capital Territory | 100 | 0.3 x 10‑6 |
8 | Northern Territory | n/a | n/a |
5 Annual amount of methane permitted to be emitted from daily/operational cover
The annual amount of methane that is permitted to be emitted from the daily/operational cover of the landfill (MReg,D) is equivalent to parameter MGen,y, in tonnes CO2‑e, worked out using subsection 22(3) where the calculation is based only on the waste sited vertically below the daily/operational cover.
Part 3—Regulatory proportion determined by asking environmental regulator
6 Regulatory proportion determined by asking environmental regulator
(1) WB,Reg may be determined by asking the environmental regulator, in the State or Territory in which the landfill is located, to provide in writing to the project proponent the gas collection rate that would be required for the landfill to meet the most stringent methane concentration limits for the landfill that have been in force since 24 March 2011.
(2) The term used by the environmental regulator to express this quantitative regulatory requirement must be converted to WB,Reg in accordance with the following table:
Converting quantitative regulatory requirements to collection efficiency | ||
Item | Term used by environmental regulator | Conversion to WB,Reg |
1 | Methane concentration limit, in parts per million methane | WB,Reg is worked out: (a) using Part 2; but (b) for final and intermediate cover—using the permitted methane flux rates, set out in the table in subclause (3), that correspond to the concentration limits advised by the environmental regulator |
2 | Permitted flux rate, in tonnes methane per square meter per hour | WB,Reg is worked out: (a) using Part 2; but (b) for the permitted flux rate for final and intermediate cover (Cx)—using the flux rates advised by the environmental regulator |
3 | Proportion of landfill gas generation required to be collected (collection efficiency) | No conversion necessary (WB,Reg is as advised by the environmental regulator) |
4 | Proportion of landfill gas generation allowed to be released to the atmosphere | WB,Reg is worked out as 1 minus the proportion advised by the environmental regulator |
5 | Annual amount of landfill gas required to be collected | WB,Reg is worked out as the amount advised by the environmental regulator, in tonnes CO2‑e, divided by the methane generated by the landfill in year y, in tonnes CO2‑e, which is equivalent to MGen,y worked out using subsection 22(3) |
6 | Other | WB,Reg is worked out as the annual amount of landfill gas required to be collected, in tonnes CO2‑e, determined from the requirement advised by the environmental regulator, divided by the methane generated by the landfill in year y, in tonnes CO2‑e, which is equivalent to MGen,y worked out using subsection 22(3) |
(3) The following table sets out allowable flux rates for the purposes of item 1 in the table in subclause (2).
Determining allowable flux rates from allowable methane concentrations | ||
Item | Methane concentration limit (CH4 ppm) | Permitted methane flux rate estimated from the methane concentration limit (tCH4/m2/hr) |
1 | 0 | 0 |
2 | 50 | 0.1 x 10‑6 |
3 | 60 | 0.1 x 10‑6 |
4 | 70 | 0.2 x 10‑6 |
5 | 80 | 0.2 x 10‑6 |
6 | 90 | 0.2 x 10‑6 |
7 | 100 | 0.3 x 10‑6 |
8 | 110 | 0.3 x 10‑6 |
9 | 120 | 0.4 x 10‑6 |
10 | 130 | 0.4 x 10‑6 |
11 | 140 | 0.5 x 10‑6 |
12 | 150 | 0.6 x 10‑6 |
13 | 160 | 0.6 x 10‑6 |
14 | 170 | 0.7 x 10‑6 |
15 | 180 | 0.7 x 10‑6 |
16 | 190 | 0.8 x 10‑6 |
17 | 200 | 0.8 x 10‑6 |
18 | 210 | 0.9 x 10‑6 |
19 | 220 | 0.9 x 10‑6 |
20 | 230 | 1.0 x 10‑6 |
21 | 240 | 1.0 x 10‑6 |
22 | 250 | 1.0 x 10‑6 |
23 | 260 | 1.1 x 10‑6 |
24 | 270 | 1.2 x 10‑6 |
25 | 280 | 1.3 x 10‑6 |
26 | 290 | 1.3 x 10‑6 |
27 | 300 | 1.3 x 10‑6 |
28 | 310 | 1.3 x 10‑6 |
29 | 320 | 1.4 x 10‑6 |
30 | 330 | 1.4 x 10‑6 |
31 | 340 | 1.5 x 10‑6 |
32 | 350 | 1.6 x 10‑6 |
33 | 360 | 1.6 x 10‑6 |
34 | 370 | 1.8 x 10‑6 |
35 | 380 | 1.8 x 10‑6 |
36 | 390 | 1.8 x 10‑6 |
37 | 400 | 1.9 x 10‑6 |
38 | 410 | 1.9 x 10‑6 |
39 | 420 | 2.0 x 10‑6 |
40 | 430 | 2.0 x 10‑6 |
41 | 440 | 2.0 x 10‑6 |
42 | 450 | 2.2 x 10‑6 |
43 | 460 | 2.2 x 10‑6 |
44 | 470 | 2.2 x 10‑6 |
45 | 480 | 2.3 x 10‑6 |
46 | 490 | 2.3 x 10‑6 |
47 | 500 | 2.5 x 10‑6 |
Part 4—Regulatory proportion determined by asking environmental regulator and using collection efficiency of existing landfill gas system
7 Regulatory proportion determined by asking environmental regulator and using collection efficiency of existing landfill gas system
(1) WB,Reg may be determined by asking the environmental regulator in the State or Territory in which the landfill is located whether the current gas collection rate for the landfill complies with the most stringent methane concentration limits for the landfill that have been in force since 24 March 2011.
(2) If the environmental regulator advises the project proponent in writing that the current gas collection for the landfill does so comply, then WB,Reg is equivalent to WCom,Bef worked out using equation 19 where:
(a) year y is the 12 months immediately before the advice is given; and
(b) as if the division by 2 were not part of the equation.
(3) To avoid doubt, subclause (1) does not apply unless the specified limits for methane concentrations for the landfill have not changed since 24 March 2011.
Part 5—Regulatory proportion determined by independent expert
8 Regulatory proportion determined by independent expert
(1) WB,Reg may be determined by a person engaged by the project proponent to determine the parameter.
(2) The person must:
(a) have no conflict of interest in determining WB,Reg; and
(b) possess a relevant university degree; and
(c) have more than 3 years’ experience in:
(i) landfill management; and
(ii) the design and operation of landfill gas collection systems; and
(d) have extensive knowledge of the regulatory framework relevant to landfill gas management in the jurisdiction in which the landfill is located.
(3) In determining WB,Reg, the person must use the most stringent methane concentration limits for the landfill that have been in force since 24 March 2011.
(4) The person must provide to the project proponent, in writing, evidence that verifies:
(a) the matters in paragraphs (2)(a) to (d); and
(b) the calculations, assumptions, information, inputs and references used to determine WB,Reg.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
ad = added or inserted | Ord = Ordinance |
am = amended | orig = original |
amdt = amendment | par = paragraph(s)/subparagraph(s) |
c = clause(s) | /sub‑subparagraph(s) |
C[x] = Compilation No. x | pres = present |
Ch = Chapter(s) | prev = previous |
def = definition(s) | (prev…) = previously |
Dict = Dictionary | Pt = Part(s) |
disallowed = disallowed by Parliament | r = regulation(s)/rule(s) |
Div = Division(s) | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
o = order(s) |
|
Endnote 3—Legislation history
Name | Registration | Commencement | Application, saving and transitional provisions |
Carbon Credits (Carbon Farming Initiative—Landfill Gas) Methodology Determination 2015 | 19 January 2015 (F2015L00059) | 20 January 2015 (s 2) |
|
Carbon Credits (Carbon Farming Initiative—Landfill Gas) Methodology Determinaton Variation 2021 | 7 May 2021 (F2021L00556) | 8 May 2021 (s 2) | Carbon Credits (Carbon Farming Initiative) Act 2011, s 126 |
Endnote 4—Amendment history
Provision affected | How affected |
Part 1 |
|
s 2 | rep LA s 48D |
s 5 | am F2021L00556 |
Part 2 |
|
s 7 | am F2021L00556 |
Part 3 |
|
s 8 | am F2021L00556 |
s 11 | rs F2021L00556 |
s 11A | ad F2021L00556 |
s 13 | am F2021L00556 |
s 13A | ad F2021L00556 |
Part 4 |
|
Division 3 |
|
s 24 | am F2021L00556 |
Division 4 |
|
s 29 | am F2021L00556 |
Part 5 |
|
Division 1 |
|
s 31A | ad F2021L00556 |