Request for suppression of project area from the Emissions Reduction Fund Register FORM CER-ERF-AS001 V2.0 23/06/2015 under the Carbon Credits (Carbon Farming Initiative) Act 2011 Purpose of this form This form is used to request that the Clean Energy Regulator not set out the project area of an area-based offsets project (the ‘project’) in the Emissions Reduction Fund Register. The Clean Energy Regulator will use information provided on this form and any supporting documentation in determining whether the project area should not be set out in that register in accordance with section 169 of the Carbon Credits (Carbon Farming Initiative) Act 2011. In making a decision on such a request, the Clean Energy Regulator will take into account both the public interest associated with the inclusion of that information as well as the possible prejudice to the participant’s, or another person’s commercial interests associated with the inclusion of that information. Suppression of project area information will only be agreed to where the Clean Energy Regulator is satisfied that setting out the project area in the Emissions Reduction Fund Register could reasonably be expected to substantially prejudice a participant or another person’s commercial interests, and that prejudice outweighs the public interest in setting out the project area. This form can be submitted to the Clean Energy Regulator at any time, including at the same time as an application for registration of a project. Decisions based on the information provided herein will not be made until after the project has been declared a registered project. Instructions for completing this form Please read each part of the application carefully, fully answer all the questions, sign where indicated, and attach the required documentation. You must complete and submit: Part A: Applicant details Part B: Project details Part C: Declaration Application checklist V2.0 23/06/2015 Request for suppression of project area from the Emissions Reduction Fund Register 1 of 11 CER-ERF-AS001 To learn more about the steps involved in participating in the Emissions Reduction Fund, including your obligations under this initiative, please visit the Clean Energy Regulator website1. You can choose to complete this form by: printing the form and filling it in by hand, or saving the form and filling in an electronic copy. Note that if you choose the second option, there may be times when you will need to print certain sections in order to sign them or in order to complete multiple entries for a single set of questions. These sections may be scanned back into the computer and submitted electronically with the rest of the form. Pen colours Please use a black or blue pen to write on the form. Check boxes Mark boxes like this with a ✔ or ✘. When an instruction asks you to ‘tick’ the box, you can still use either ✔ or ✘. Go to Where you see an instruction like this - Go to question 5 - mark the relevant box with a ✔ or ✘and then skip to the question number shown. You do not need to answer the question(s) in between. Where an instruction has a black double arrow (), go to the next indicated part/section. Where an instruction has a black single arrow (), go to the next question. Where an instruction has a black single arrow pointing down (), fill in the field(s) directly below. Mandatory questions If all fields in a question are mandatory and must be completed, (required) is added to the end of the question label text. If a field in a question is mandatory only IF a condition is met, (required if any) is added to the end of the question label text. This symbol indicates an instruction on what to do next. This symbol indicates additional useful guidance to filling in the adjacent field or section. This symbol advises that more than one entry may be required for the section and therefore you may need to photocopy or print the section or fill in a duplicate section. This symbol advises that additional documentation to support a claim may need to be attached to the application. Duplex printing This form is designed to be duplex printed to save on paper. All new sections start on the right-hand side of a page spread. Help filling in this form Guidance for filling in this form is available on the Clean Energy Regulator website2. 1 http://www.cleanenergyregulator.gov.au/ 2 http://www.cleanenergyregulator.gov.au/ V2.0 23/06/2015 Request for suppression of project area from the Emissions Reduction Fund Register 2 of 11 CER-ERF-AS001 If you require assistance or have any questions regarding this application process, please contact the Clean Energy Regulator general enquiries line on 1300 553 542 or email enquiries@cleanenergyregulator.gov.au. Submitting this form A signed copy of this form should be kept for your records. By post Post your completed application with any accompanying documentation to: Emissions Reduction Fund Clean Energy Regulator GPO Box 621 Canberra ACT 2601 By email Alternatively, email your scanned, completed application to the Clean Energy Regulator at erf@cleanenergyregulator.gov.au. If the email and its attachments (the application and supporting documents) are larger than 10MB, they must be sent using multiple emails that are clearly marked (i.e. by including an identifier in the subject line, e.g. '1 of 3', '2 of 3', '3 of 3'). The signed application form must be saved as a single scanned file and not split into parts. Files may be zipped to reduce their size. If submission occurs by email, the participant is not required to send the original hardcopy of the application by post. V2.0 23/06/2015 Request for suppression of project area from the Emissions Reduction Fund Register 3 of 11 CER-ERF-AS001 Office use: Part A: Applicant details Complete this part to identify the participant/appointed nominee making this application (if they are making this application on their own behalf) or the participant/appointed nominee on whose behalf this application is made. 1. Applicant details (required) Each person signing the declaration in Part C (if they are signing it on their own behalf) or each person on whose behalf that declaration is signed is an applicant for this application. Client name Date of birth (individual only) Y ABN Y Y ACN Y M M ARBN D D ICN Organisation identifier V2.0 23/06/2015 Request for suppression of project area from the Emissions Reduction Fund Register 4 of 11 CER-ERF-AS001 Part B: Project details To apply for suppression of the project area, you must supply the project details. If the applicant is applying to have details of more than one project suppressed, please photocopy or print this part, complete a copy for each such other project, and attach the copies to this application. 2. Project details (required) If your project has not yet been registered, you must supply the application reference number issued by the Clean Energy Regulator associated with that project. Project identification number Project name 3. What project area information are you requesting to be suppressed? (required) The Clean Energy Regulator may decide to suppress some (partial suppression) or all of the information about the project area. Tick the appropriate response Geographical location Street address Lot numbers and land title Local government area Natural resource management region 4. Provide details about the person/organisation whose commercial interest will be substantially prejudiced by publication of the project area details? (required) Tick the appropriate response Commercial interest of the Participant Go to next question. Commercial interest of another person/organisation Please provide details of the other party below. V2.0 23/06/2015 Request for suppression of project area from the Emissions Reduction Fund Register 5 of 11 CER-ERF-AS001 5. How will their commercial interests be substantially prejudiced by publication of the project area details? (required) Please provide as much supporting documentation as possible to support your claims in this question and the next. For example, you may choose to provide statutory declarations, contracts, photographs, traditional or social media extracts or written submissions in support of your claim. You must supply supporting documentation for all projects you are requesting to have suppressed. Attach certified copies of original documents to this application. If insufficient space attach a separate sheet with the details. Clearly identify the nature of any additional documentation or information that you are supplying to support your answer to this question. Provide an explanation of the participant’s (or other person’s) commercial interests which could be prejudiced by publication of the project area and explain how that prejudice is or could be substantial Details 6. Please give details to support your claim that the substantial prejudice described in question 5 outweighs the public interest in publication on the Emissions Reduction Fund register (required) You must provide an explanation for all projects you are requesting to have suppressed. The Emissions Reduction Fund Register includes the project area to provide confidence in the carbon market that projects on the Emissions Reduction Fund Register are real and that the abatement generated by those projects is genuine. This transparency will support participants in the carbon market to have confidence in the Australian carbon credit units. The Emissions Reduction Fund Register also includes the project area to assist with land conveyancing. The suppression of project area information could undermine open and transparent dealings in land, including the interests of neighbouring and nearby landholders, as well as affect the sale price of land. Further, the permanence obligations arising from a sequestration project have long term implications for any dealings with the land title(s) in the project area. If insufficient space attach a separate sheet with the details. Clearly identify the nature of any additional documentation or information that you are supplying to support your answer to this question. Provide an explanation of why this prejudice outweighs the public interest in publication on the Emissions Reduction Fund register Details V2.0 23/06/2015 Request for suppression of project area from the Emissions Reduction Fund Register 6 of 11 CER-ERF-AS001 Part C: Declaration This part must be signed by the participant/appointed nominee making this application or, on their behalf, by a person duly authorised to bind them. Under the Criminal Code it is an offence for a person to give information or documentation to a Commonwealth entity if the person providing the information or documentation knows that the information or documentation is false or misleading. 1. Participant’s declaration (required) Complete and sign the declaration By signing below, the signatory declares that they have legal capacity and authority to bind the participant/appointed nominee on whose behalf the signatory has signed this declaration, in respect of matters contained in this application, and declares and acknowledges, for and on behalf of that participant/appointed nominee, that: all information provided in, or in relation to, this application (including attachments and any other supporting information) is, having made all reasonable enquiries, complete, true and correct and not misleading by inclusion or omission; the provision of false or misleading information is a serious offence and carries penalties under the Criminal Code and may have consequences under the Carbon Credits (Carbon Farming Initiative) Act 2011 and other laws; the participant authorises the Clean Energy Regulator to copy, record, use or disclose any of the information provided in relation to this application for the purpose of assessing and making a decision on the application, auditing compliance, enforcement of laws, regulations and legislative rule, the performance of the Clean Energy Regulator’s statutory functions and for related purposes subject to the requirements of relevant laws, in particular the Privacy Act 1988 and Part 3 of the Clean Energy Regulator Act 2011; the personal information provided in this application may also be copied, recorded, used or disclosed by the Clean Energy Regulator for its administrative purposes, for example, to pre-populate other Clean Energy Regulator forms which the applicant wishes to fill out online in the future, and for improving the Clean Energy Regulator’s service delivery to the applicant; the participant consents to the Clean Energy Regulator sharing any information in relation to them or their projects with any Commonwealth, State or Territory government agencies for the purpose of assisting those agencies in the performance of their functions or powers relating to environmental protection and/or health and safety; the participant authorises the Clean Energy Regulator to seek advice from the relevant authority(ies) on any regulatory approvals pertaining to the project or any element of it; and the participant authorises the Clean Energy Regulator to seek personal and other information about their participation in other offsets scheme(s) from the administrator of the other offsets scheme(s), or if the scheme(s) are no longer in operation, from the Commonwealth, State or Territory agency with oversight of the scheme(s). V2.0 23/06/2015 Request for suppression of project area from the Emissions Reduction Fund Register 7 of 11 CER-ERF-AS001 Signed by or for and on behalf of: Participant/appointed nominee name By: Signatory Name Signature Position Phone number ( ) Email address Signature date V2.0 23/06/2015 Y Y Y Y M M Request for suppression of project area from the Emissions Reduction Fund Register D D 8 of 11 CER-ERF-AS001 Application checklist Have you completed the following? Tick the box when you've completed the task beside it. Tick Task Number attached Completed all required fields. N/A Attached all necessary documents and supporting evidence, where applicable. Completed and signed the declaration(s). N/A Where a signatory is signing on behalf of a participant/appointed nominee, attached evidence of the authority of the signatory to sign the declaration on behalf of the participant/appointed nominee. V2.0 23/06/2015 Request for suppression of project area from the Emissions Reduction Fund Register 9 of 11 CER-ERF-AS001 Additional information About the Emissions Reduction Fund The Emissions Reduction Fund is a voluntary carbon offsets scheme that provides new economic opportunities for a wide range of participants who take steps to reduce carbon pollution or increase carbon storage on the land. Emissions Reduction Fund eligible offsets projects generate Australian carbon credit units that can be sold to other individuals and businesses wanting to offset their own greenhouse gas emissions. Area-based offsets projects An area-based offsets project is a project that is a sequestration offsets project or an area-based emissions avoidance project. A sequestration offsets project is a project: (a) to remove carbon dioxide from the atmosphere by sequestering carbon in vegetation and/or soil; or (b) to remove carbon dioxide from the atmosphere by sequestering carbon in, and to avoid emissions of greenhouse gases from, vegetation and/or soil. An area-based emissions avoidance project is currently defined in the legislative rules made under the CFI Act as: (a) a project to avoid emissions of greenhouse gases from the burning of savannas; (b) a project in relation to which it is necessary to determine the size of an area (expressly referred to in the applicable method as a project area) in order to work out the carbon dioxide equivalent net abatement amount for the project. Seeking legal advice The Clean Energy Regulator provides guidance for general information purposes only. The information in this form and supplied by the Clean Energy Regulator should not be interpreted as independent professional advice. You should not rely solely on this information and should get professional legal advice relevant to your individual circumstances. Protection of information The Clean Energy Regulator is bound by the secrecy provisions of Part 3 of the Clean Energy Regulator Act 2011 (Clean Energy Act) for the information it collects in relation to this application and also by the Privacy Act 1988 in regard to personal information it collects. Privacy statement 'Personal information' is defined in the Privacy Act 1988 to mean information or an opinion about an identified individual, or an individual who is reasonably identifiable: (a) whether the information or opinion is true or not; and (b) whether the information or opinion is recorded in a material form or not. The collection of personal information relating to this application is authorised by the Australian National Registry of Emissions Units Act 2011, the Australian National Registry of Emissions Units Regulations 2011, the Carbon Credits (Carbon Farming Initiative) Act 2011, the Carbon Credits (Carbon Farming Initiative) Regulations 2011 and any legislative rules made under the Carbon Credits (Carbon Farming Initiative) Act 2011. V2.0 23/06/2015 Request for suppression of project area from the Emissions Reduction Fund Register 10 of 11 CER-ERF-AS001 Personal information collected in relation to this application will be used for the purposes of assessing the application, auditing compliance, enforcement of relevant laws, regulations and legislative rule, the performance of our statutory functions and for related purposes. We will also use the personal information which you provide for our administrative purposes, for example, to pre-populate other Clean Energy Regulator forms which you wish to fill out online in the future, and for improving our service delivery to you. The Clean Energy Regulator’s Privacy Policy contains information about the agency’s procedures for handling personal information including how a person can access their personal information held by the agency, and how to seek correction of such information. The Privacy Policy also contains information about how to complain about a breach of the Australian Privacy Principles. The Clean Energy Regulator’s Privacy Policy can be found on the Clean Energy Regulator website3. Disclosure of information The Clean Energy Regulator is only able to disclose information relating to this application (including personal information) in accordance with the CER Act, the Privacy Act 1988 or as otherwise required by law. The circumstances in which such information may be disclosed include: Disclosure to other agencies, persons or organisations to enable the verification of information contained in the application; Disclosure to the Secretary or authorised officer of a Department for the purpose of administering a program or collecting statistics relating to greenhouse gas emissions, energy consumption or energy production; Disclosure to certain agencies, bodies or persons where the Regulator is satisfied that disclosure will enable or assist those agencies, bodies or persons to perform or exercise their functions or powers, including the Australian Securities and Investments Commission, the Australian Competition and Consumer Commission and the Commissioner of Taxation; Disclosure for the purposes of law enforcement; and Disclosure for the purposes of a climate change law or for the purposes of the performance of our functions under a climate change law. Accessibility disclaimer Whilst the Clean Energy Regulator has worked to ensure this document is accessible, please contact us to obtain an alternative version if you are having difficulty, or you have specific accessibility needs. Please call 1300 553 542 or email the name of the form and your needs to enquiries@cleanenergyregulator.gov.au. 3 http://www.cleanenergyregulator.gov.au/ V2.0 23/06/2015 Request for suppression of project area from the Emissions Reduction Fund Register 11 of 11