Commonwealth Coat of Arms of Australia

 

Carbon Credits (Carbon Farming Initiative) Amendment (2024 Measures No. 2) Rules 2024

I, Chris Bowen, Minister for Climate Change and Energy, make the following rules.

Dated  17 December 2024  

Chris Bowen

Minister for Climate Change and Energy

 

Contents

1  Name

2  Commencement

3  Authority

4  Schedules

Schedule 1—Amendments

Carbon Credits (Carbon Farming Initiative) Rule 2015

 

 

1  Name

This instrument is the Carbon Credits (Carbon Farming Initiative) Amendment (2024 Measures No. 2) Rules 2024.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after the registration of this instrument.

 

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under sections 166A and 308 of the Carbon Credits (Carbon Farming Initiative) Act 2011.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

Carbon Credits (Carbon Farming Initiative) Rule 2015

1  After Part 11

Insert:

Part 12—Publication of information

93A  Publication of relevant information

  1.     For the purposes of subsection 166A(2) of the Act, the following information in relation to an eligible offsets project is specified:
    1.     a description of the project that includes a list of activities that have been, are being, or are to be, carried out during the project’s crediting period;
    2.     where the project is carried out under a methodology determination that requires identification of suppression mechanisms in the baseline period, a description of any identified suppression mechanisms;
    3.     a description, including the name and version where relevant, of any estimation or measurement approach or model used to calculate carbon abatement in relation to the project;
    4.     project crediting period start and end dates;
    5.     if the project is a sequestration offsets project, the start date for the permanence period for the project;
    6.      where the project is carried out under a methodology determination that requires carbon abatement to be modelled using the Full Carbon Accounting Model or Reforestation Modelling Tool, the date on which modelling starts for each carbon estimation area within the project;
    7.     where the Regulator has published an undertaking under section 237(5) of the Act in relation to that project, information that links the project to the published undertaking; and
    8.     where the project proponent has authorised another person as their agent for any purpose listed in section 290(1) of the Act or has otherwise relied on another person’s significant involvement in the registration or administration of the project—the name of that other person and a description of their involvement in the project.
  2.     Despite subsection (1), information specified in that subsection must not be published on the Regulator’s website if:
    1.     the project proponent or another person makes an application to the Regulator for non-publication of that information; and
    2.     the Regulator is satisfied that:
      1.             the withholding of the information is required to protect or respect Aboriginal tradition; or
      2.             publication of the information may threaten, damage or cause harm to a threatened ecological community or threatened species.
  3.     An application under paragraph (2)(a) must be:
    1.     in writing; and
    2.     in a form approved, in writing, by the Regulator.
  4.     The Regulator must take all reasonable steps to ensure that a decision is made on an application under paragraph (2)(a) within 30 days of the request being made.
  5.     If the Regulator decides to refuse an application under paragraph (2)(a), the Regulator must give written notice of the decision to the person who made the application.
  6.     During the transitional period, the Regulator is not required to comply with subsection (1) in respect of any information:
    1.     held by the Regulator on the date that this section commences; or
    2.     acquired by the Regulator during the transitional period.
  7.     In this section:

Aboriginal tradition has the same meaning as in the Aboriginal and Torres Strait Islander Heritage Protection Act 1984.

threatened ecological community means an ecological community included in the list established under section 181 of the Environment Protection and Biodiversity Conservation Act 1999.

threatened species means a species included in the list established under section 178 of the Environment Protection and Biodiversity Conservation Act 1999.

transitional period means the period of 6 months beginning on the commencement of this section.