EXPOSURE DRAFT EXPOSURE DRAFT (28/05/2015) National Greenhouse and Energy Reporting (Measurement) Amendment Determination 2015 (No. 2) I, Greg Hunt, Minister for the Environment, make the following determination. Dated 2015 Greg Hunt Minister for the Environment EXPOSURE DRAFT EXPOSURE DRAFT Contents 1 2 3 4 Name ........................................................................................................................... 1 Commencement .......................................................................................................... 1 Authority ..................................................................................................................... 1 Schedules .................................................................................................................... 1 Schedule 1—Fugitive emissions and scope 2 emissions National Greenhouse and Energy Reporting (Measurement) Determination 2008 Schedule 2—Carbon capture and storage National Greenhouse and Energy Reporting (Measurement) Determination 2008 Schedule 3—Biological treatment of solid waste National Greenhouse and Energy Reporting (Measurement) Determination 2008 Schedule 4—Application and transitional National Greenhouse and Energy Reporting (Measurement) Determination 2008 National Greenhouse and Energy Reporting (Measurement) Amendment Determination 2015 (No. 2) EXPOSURE DRAFT 2 2 5 5 14 14 16 16 i EXPOSURE DRAFT 1 Name This is the National Greenhouse and Energy Reporting (Measurement) Amendment Determination 2015 (No. 2). 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. Sections 1 to 4 and anything in this instrument not elsewhere covered by this table The day after this instrument is registered. 2. Schedules 1 and 2 1 July 2015. 1 July 2015 3. Schedule 3 1 July 2016. 1 July 2016 4. Schedule 4, item 1 1 July 2015. 1 July 2015 5. Schedule 4, item 2 1 July 2016. 1 July 2016 Note: This table relates only to the provisions of this instrument as originally made.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 the National Greenhouse and Energy Reporting Act 2007. 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. National Greenhouse and Energy Reporting (Measurement) Amendment Determination 2015 (No. 2) EXPOSURE DRAFT 1 EXPOSURE DRAFT Schedule 1 Fugitive emissions and scope 2 emissions Schedule 1—Fugitive emissions and scope 2 emissions National Greenhouse and Energy Reporting (Measurement) Determination 2008 1 Section 1.8 (definition of applicable State or Territory legislation) After “coal mining health and safety,”, insert “including such a law that prescribes performance-based objectives,”. 2 Paragraph 3.6(2)(b) Omit “3.12”, substitute “3.13”. 3 At the end of subsection 3.6(2) Add: Note: Any estimates of emissions made for the purposes of this subsection must be consistent with the principles in section 1.13. 4 Section 3.13 Omit “measured in accordance with section 1.34”, substitute “consistent with an appropriate standard or applicable State or Territory legislation”. 5 At the end of section 3.13 Add: Note: The performance characteristics of PEM equipment includes calibration. 6 Paragraphs 3.43(1)(b) and (c) Repeal the paragraphs, substitute: (b) if estimating emissions of methane released—one of the following methods must be used: (i) method 1 under section 3.44; (ii) method 2A under section 3.45A; and (c) if estimating emissions of nitrous oxide released—one of the following methods must be used: (i) method 1 under section 3.44; (ii) method 2A under section 3.45A. 7 Section 3.45 (heading) Repeal the heading, substitute: 3.45 Method 2—oil or gas exploration (flared carbon dioxide emissions) 8 Subsection 3.45(2) Omit “method 1, but the carbon dioxide emissions factor EFh”, substitute “method 1 under section 3.44, but the carbon dioxide emissions factor EFi ”. 2 National Greenhouse and Energy Reporting (Measurement) Amendment Determination 2015 (No. 2) EXPOSURE DRAFT EXPOSURE DRAFT Fugitive emissions and scope 2 emissions Schedule 1 9 After section 3.45 Insert: 3.45A Method 2A—oil or gas exploration (flared methane or nitrous oxide emissions) For subparagraphs 3.43(1)(b)(ii) and (c)(ii), method 2A is: E ij = Q h EFh OFi where: EFh is the emission factor for the total hydrocarbons (h) within the fuel type (i) in oil or gas exploration during the year, measured in CO2-e tonnes per tonne of the fuel type (i) flared, estimated in accordance with Division 2.3.3. Eij is the fugitive emissions of gas type (j) from fuel type (i) flared from oil or gas exploration during the year, measured in CO2-e tonnes. OFi is 0.98, which is the destruction efficiency of fuel type (i) flared. Qh is the total quantity of hydrocarbons (h) within the fuel type (i) in oil or gas exploration during the year, measured in tonnes in accordance with Division 2.3.3. 10 Paragraphs 3.51(1)(b) and (c) Repeal the paragraphs, substitute: (b) if estimating emissions of methane released—one of the following methods must be used: (i) method 1 under section 3.52; (ii) method 2A under section 3.45A, applied to crude oil production in the same way as it applies to oil and gas exploration; and (c) if estimating emissions of nitrous oxide released—one of the following methods must be used: (i) method 1 under section 3.52; (ii) method 2A under section 3.45A, applied to crude oil production in the same way as it applies to oil and gas exploration. 11 Section 3.55 Repeal the section. 12 Paragraphs 3.62(4)(b) and (c) Repeal the paragraphs, substitute: (b) if estimating emissions of methane released—one of the following methods must be used: (i) method 1 under section 3.67; (ii) method 2A under section 3.45A, applied to crude oil refining in the same way as it applies to oil and gas exploration; and (c) if estimating emissions of nitrous oxide released—one of the following methods must be used: National Greenhouse and Energy Reporting (Measurement) Amendment Determination 2015 (No. 2) EXPOSURE DRAFT 3 EXPOSURE DRAFT Schedule 1 Fugitive emissions and scope 2 emissions (i) method 1 under section 3.67; (ii) method 2A under section 3.45A, applied to crude oil refining in the same way as it applies to oil and gas exploration. 13 Paragraphs 3.83(3)(b) and (c) Repeal the paragraphs, substitute: (b) if estimating emissions of methane released—one of the following methods must be used: (i) method 1 under section 3.85; (ii) method 2A under section 3.45A, applied to natural gas production and processing in the same way as it applies to oil and gas exploration; and (c) if estimating emissions of nitrous oxide released—one of the following methods must be used: (i) method 1 under section 3.85; (ii) method 2A under section 3.45A, applied to natural gas production and processing in the same way as it applies to oil and gas exploration. 14 After subsection 7.1(2) (before the note) Insert: (3) The facilities to which this Chapter applies include a facility the operation of which is constituted by an electricity transmission network or distribution network that consumes electricity through electricity losses. 15 Subsections 7.2(3) and 7.3(3) After “purchased”, insert “(or lost)”. 16 Part 6 of Schedule 1 Repeal the Part, substitute: Part 6—Indirect (scope 2) emission factors from consumption of purchased electricity from grid Indirect (Scope 2) Emissions Factors from Consumption of Purchased Electricity from Grid 4 Item State, Territory or grid description 77 New South Wales and Australian Capital Territory 0.84 78 Victoria 1.13 79 Queensland 0.79 80 South Australia 0.56 81 South West Interconnected System in Western Australia 0.75 82 Tasmania 0.12 83 Northern Territory 0.67 National Greenhouse and Energy Reporting (Measurement) Amendment Determination 2015 (No. 2) EXPOSURE DRAFT Emission factor kg CO2-e/kWh EXPOSURE DRAFT Carbon capture and storage Schedule 2 Schedule 2—Carbon capture and storage National Greenhouse and Energy Reporting (Measurement) Determination 2008 1 Section 1.8 (definition of captured for permanent storage) Repeal the definition, substitute: captured for permanent storage, in relation to a greenhouse gas substance, has the meaning given by section 1.19A. 2 Section 1.8 (definition of carbon dioxide stream) Repeal the definition. 3 Section 1.8 Insert: greenhouse gas stream means a stream consisting of a greenhouse gas substance captured for injection into, and permanent storage in, a geological formation. greenhouse gas substance has the same meaning as in section 7 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006. 4 At the end of section 1.11 Add: ; (c) Division 1.2.3 provides requirements in relation to carbon capture and storage. 5 Section 1.19A Omit “carbon dioxide”, substitute “a greenhouse gas substance”. 6 Section 1.19B (heading) Repeal the heading, substitute: 1.19B Deducting greenhouse gas substances that are captured for permanent storage 7 Subsection 1.19B(1) Omit “carbon dioxide” (first occurring), substitute “a greenhouse gas substance”. 8 Subsection 1.19B(1) Omit “carbon dioxide” (second occurring), substitute “the greenhouse gas substance”. 9 Paragraph 1.19B(1)(a) Omit “carbon dioxide”, substitute “greenhouse gas substance”. 10 Paragraph 1.19B(1)(b) Omit “carbon dioxide”, substitute “the greenhouse gas substance”. National Greenhouse and Energy Reporting (Measurement) Amendment Determination 2015 (No. 2) EXPOSURE DRAFT 5 EXPOSURE DRAFT Schedule 2 Carbon capture and storage 11 Paragraph 1.19B(2)(a) Omit “carbon dioxide is captured”, substitute “greenhouse gas substance is captured”. 12 Subparagraph 1.19B(2)(a)(i) Omit “carbon dioxide”, substitute “the greenhouse gas substance”. 13 Subparagraph 1.19B(2)(a)(ii) Omit “carbon dioxide” (first occurring), substitute “greenhouse gas”. 14 Subparagraph 1.19B(2)(a)(ii) Omit “carbon dioxide” (second occurring), substitute “greenhouse gas substance”. 15 Subparagraph 1.19B(2)(a)(iii) Omit “carbon dioxide”, substitute “the greenhouse gas substance”. 16 Paragraph 1.19B(2)(b) Omit “carbon dioxide is transferred”, substitute “greenhouse gas substance is transferred”. 17 Subparagraph 1.19B(2)(b)(i) Omit “carbon dioxide”, substitute “the greenhouse gas substance”. 18 Subparagraph 1.19B(2)(b)(ii) Omit “carbon dioxide” (first occurring), substitute “greenhouse gas”. 19 Subparagraph 1.19B(2)(b)(ii) Omit “carbon dioxide” (second occurring), substitute “greenhouse gas substance”. 20 Subparagraph 1.19B(2)(b)(iii) Omit “carbon dioxide”, substitute “the greenhouse gas substance”. 21 Subsection 1.19B(3) Omit “carbon dioxide”, substitute “the greenhouse gas substance”. 22 Section 1.19C Omit “carbon dioxide” (first occurring), substitute “a greenhouse gas substance”. 23 Section 1.19C Omit “carbon dioxide” (second occurring), substitute “the greenhouse gas substance”. 24 Paragraph 1.19C(a) Omit “carbon dioxide” (first occurring), substitute “the greenhouse gas substance”. 25 Paragraph 1.19C(a) Omit “carbon dioxide” (second occurring), substitute “greenhouse gas substance”. 6 National Greenhouse and Energy Reporting (Measurement) Amendment Determination 2015 (No. 2) EXPOSURE DRAFT EXPOSURE DRAFT Carbon capture and storage Schedule 2 26 Paragraph 1.19C(b) Omit “carbon dioxide” (first occurring), substitute “the greenhouse gas substance”. 27 Paragraph 1.19C(b) Omit “carbon dioxide” (second occurring), substitute “greenhouse gas substance”. 28 Section 1.19D Omit “carbon dioxide” (first occurring), substitute “a greenhouse gas substance”. 29 Section 1.19D Omit “carbon dioxide” (second occurring), substitute “the greenhouse gas substance”. 30 Section 1.19E (heading) Repeal the heading, substitute: 1.19E Measure of quantity of captured greenhouse gas substance 31 Subsection 1.19E(1) Omit “captured carbon dioxide”, substitute “a greenhouse gas substance that is captured”. 32 Subsection 1.19E(2) Omit “carbon dioxide” (first occurring), substitute “greenhouse gas”. 33 Subsection 1.19E(2) Omit “carbon dioxide” (second occurring), substitute “greenhouse gas substance”. 34 Paragraphs 1.19E(2)(a) and (b) Omit “carbon dioxide”, substitute “greenhouse gas”. 35 Subparagraph 1.19E(2)(b)(ii) Omit “section 1.19N”, substitute “section 1.19GA”. 36 Subsection 1.19E(3) Omit “carbon dioxide”, substitute “greenhouse gas”. 37 Subsection 1.19E(4) Omit “carbon dioxide” (first occurring), substitute “the greenhouse gas substance”. 38 Subsection 1.19E(4) Omit “carbon dioxide” (second occurring), substitute “greenhouse gas”. 39 Subsection 1.19E(5) Omit “carbon dioxide”, substitute “greenhouse gas”. 40 Subsection 1.19E(6) Omit “carbon dioxide” (first occurring), substitute “greenhouse gas”. National Greenhouse and Energy Reporting (Measurement) Amendment Determination 2015 (No. 2) EXPOSURE DRAFT 7 EXPOSURE DRAFT Schedule 2 Carbon capture and storage 41 Subsection 1.19E(6) Omit “concentration of carbon dioxide”, substitute “the concentration of the greenhouse gas substance”. 42 Section 1.19F (heading) Repeal the heading, substitute: 1.19F Volume of greenhouse gas stream—criterion A 43 Subsection 1.19F(1) Omit “carbon dioxide”, substitute “greenhouse gas”. 44 Section 1.19G (heading) Repeal the heading, substitute: 1.19G Volume of greenhouse gas stream—criterion AAA 45 Section 1.19G Omit “carbon dioxide” (wherever occurring), substitute “greenhouse gas”. 46 Subsection 1.19G(4) (table heading) Omit “carbon dioxide”, substitute “greenhouse gas”. 47 After section 1.19G Insert: 1.19GA Volume of greenhouse gas stream—criterion BBB For subparagraph 1.19E(2)(b)(ii), criterion BBB is the estimation of the volume of the captured greenhouse gas stream from the operation of the facility during a year measured in accordance with industry practice, if the equipment used to measure the volume of the captured greenhouse gas stream does not meet the requirements of criterion AAA. Note: An estimate obtained using industry practice must be considered with the principles in section 1.13. 48 Section 1.19H (heading) Repeal the heading, substitute: 1.19H Volumetric measurement—greenhouse gas stream not super-compressed 49 Subsections 1.19H(1) and (2) Omit “carbon dioxide” (wherever occurring), substitute “greenhouse gas”. 50 Section 1.19I (heading) Repeal the heading, substitute: 8 National Greenhouse and Energy Reporting (Measurement) Amendment Determination 2015 (No. 2) EXPOSURE DRAFT EXPOSURE DRAFT Carbon capture and storage Schedule 2 1.19I Volumetric measurement—super-compressed greenhouse gas stream 51 Subsections 1.19I(1) and (2) Omit “carbon dioxide”, substitute “greenhouse gas”. 52 Section 1.19N Repeal the section. 53 Division 3.4.2 (heading) Repeal the heading, substitute: Division 3.4.2—Transport of greenhouse gas substances 54 Section 3.89 Omit “carbon dioxide” (wherever occurring), substitute “a greenhouse gas substance”. 55 Subsection 3.90(1) Omit “carbon dioxide”, substitute “a greenhouse gas substance”. 56 Subsections 3.90(2) and (3) Repeal the subsections, substitute: Emissions from transport of greenhouse gas substance involving transfer (2) If the greenhouse gas substance is transferred to a relevant person for injection in accordance with the legislation mentioned in section 1.19A for the person, one of the following methods must be used for estimating fugitive emissions of greenhouse gas substances that result from the transport of the greenhouse gas stream for that injection: (a) method 1 under section 3.91; (b) method 2 under section 3.77, applied in relation to the greenhouse gas substance as if it were a type of natural gas. Emissions from transport of greenhouse gas substance not involving transfer (2A) Subsection (3) applies if: (a) the greenhouse gas substance is captured by a relevant person for injection in accordance with the legislation mentioned in section 1.19A for the person; and (b) the greenhouse gas substance is not transferred to another person for the purpose of injection. (3) One of the following methods must be used for estimating fugitive emissions of greenhouse gas substances that result from the transport of the greenhouse gas stream for that injection: (a) method 1 under section 3.92; (b) method 2 under section 3.77, applied in relation to the greenhouse gas substance as if it were a type of natural gas. National Greenhouse and Energy Reporting (Measurement) Amendment Determination 2015 (No. 2) EXPOSURE DRAFT 9 EXPOSURE DRAFT Schedule 2 Carbon capture and storage Note: There is no method 3 or 4 for subsections (2) and (3). 57 Subdivision 3.4.2.2 (heading, first occurring) Repeal the heading, substitute: Subdivision 3.4.2.2—Emissions from transport of greenhouse gas substances involving transfer 58 Section 3.91 (heading) Repeal the heading, substitute: 3.91 Method 1—emissions from transport of greenhouse gas substances involving transfer 59 Section 3.91 Omit “carbon dioxide” (wherever occurring), substitute “greenhouse gas substance”. 60 Subdivision 3.4.2.2 (heading, second occurring) Repeal the heading, substitute: Subdivision 3.4.2.3—Emissions from transport of greenhouse gas substances not involving transfer 61 Section 3.92 (heading) 3.92 Method 1—emissions from transport of greenhouse gas substances not involving transfer 62 Section 3.92 Omit “carbon dioxide” (wherever occurring), substitute “greenhouse gas substance”. 63 At the end of Part 3.4 Add: Division 3.4.3—Injection of greenhouse gas substances Subdivision 3.4.3.1—Preliminary 3.93 Application This Division applies to fugitive emissions of greenhouse gas substances from the injection of a greenhouse gas substance captured for permanent storage into a geological formation. Note: For the meaning of captured for permanent storage, see section 1.19A. 3.94 Available methods (1) For estimating fugitive emissions of greenhouse gas substances released during a year from the injection of a greenhouse gas substance captured for permanent 10 National Greenhouse and Energy Reporting (Measurement) Amendment Determination 2015 (No. 2) EXPOSURE DRAFT EXPOSURE DRAFT Carbon capture and storage Schedule 2 storage into a geological formation, the methods set out in this section must be used. Process vents, system upsets and accidents (2) Method 2 under section 3.95 must be used for estimating fugitive emissions of greenhouse gas substances that result from deliberate releases from process vents, system upsets and accidents. Fugitive emissions of greenhouse gas substances other than from process vents, system upsets and accidents (3) One of the following methods must be used for estimating fugitive emissions of greenhouse gas substances from the injection of a greenhouse gas substance captured for permanent storage into a geological formation that are not the result of deliberate releases from process vents, system upsets and accidents: (a) method 2 under section 3.96; (b) method 3 under section 3.97. Note: There is no method 1, 3 or 4 for subsection (2) and no method 1 or 4 for subsection (3). Subdivision 3.4.3.2—Fugitive emissions from deliberate releases from process vents, system upsets and accidents 3.95 Method 2—Fugitive emissions from deliberate releases from process vents, system upsets and accidents Method 2 is the same as the approach mentioned in section 5.7.1 of the API Compendium. Subdivision 3.4.3.3—Fugitive emissions from injection of greenhouse gas substances (other than emissions from deliberate releases from process vents, system upsets and accidents) 3.96 Method 2—Fugitive emissions from injection of a greenhouse gas substance into a geological formation (other than deliberate releases from process vents, system upsets and accidents) (1) Method 2 is: Eij = k Qik × EFijk where: EFijk is the emission factor (j) measured in CO2-e tonnes that passes through each equipment type (k) mentioned in section 6.1 of the API Compendium, if the equipment type was used in the injection of a greenhouse gas substance into the geological formation. Eij is the fugitive emissions (j) from the injection of a greenhouse gas substance into a geological formation during the reporting year, measured in CO2-e tonnes. National Greenhouse and Energy Reporting (Measurement) Amendment Determination 2015 (No. 2) EXPOSURE DRAFT 11 EXPOSURE DRAFT Schedule 2 Carbon capture and storage Σk is the emissions (j) measured in CO2-e tonnes and estimated by summing up the emissions released from each equipment type (k) mentioned in section 6.1 of the API Compendium, if the equipment type was used in the injection of a greenhouse gas substance into the geological formation. Qik is the total of the quantities of greenhouse gas substances measured in tonnes that pass through each equipment type (k) mentioned in section 6.1 of the API Compendium, if the equipment type was used in the injection of a greenhouse gas substance into the geological formation. (2) For EFijk in subsection (1), the emission factors are: (a) the emission factors listed for the equipment type in section 6.1 of the API Compendium; or (b) if the manufacturer of the equipment supplies equipment specific emissions factors for the equipment type—those factors. 3.97 Method 3—Fugitive emissions from injection of greenhouse gas substances (other than deliberate releases from process vents, system upsets and accidents) Method 3 is the same as an approach mentioned in Appendix C to the API Compendium. Note: For this method, any approach mentioned in Appendix C to the API Compendium may be used. Division 3.4.4—Storage of greenhouse gas substances Subdivision 3.4.4.1—Preliminary 3.98 Application This Division applies to fugitive emissions of greenhouse gas substances from geological formations used for storage of a greenhouse gas substance captured for permanent storage. Note: For the meaning of captured for permanent storage, see section 1.19A. 3.99 Available method For estimating fugitive emissions of greenhouse gas substances released during a year from a geological formation used for the permanent storage of a greenhouse gas substance, method 2 set out in section 3.100 must be used. Note: There is no method 1, 3 or 4 for this Division. Subdivision 3.4.4.2—Fugitive emissions from geological formations used for the storage of greenhouse gas substance 3.100 Method 2—Fugitive emissions from geological formations used for the storage of greenhouse gas substances (1) Method 2 is: 12 National Greenhouse and Energy Reporting (Measurement) Amendment Determination 2015 (No. 2) EXPOSURE DRAFT EXPOSURE DRAFT Carbon capture and storage Schedule 2 Ccst = Cost + Qinj - Eco 2 where: Ccst is the closing stock of a greenhouse gas substance in the geological formation for the reporting year, measured in CO2-e tonnes. Cost is the opening stock of a greenhouse gas substance in the geological formation for the reporting year determined in accordance with subsection (2) and measured in CO2-e tonnes. ECO2 is the fugitive emissions of greenhouse gas substances during the reporting year from the geological storage formation, determined in accordance with subsection (3), measured in CO2-e tonnes. Qinj is the quantity of greenhouse gas substances injected into the geological formation during the reporting year, measured in CO2-e tonnes. Note: For the factor Ccst, the closing stock of greenhouse gas substances in the geological formation for the reporting year is derived in accordance with this subsection from the opening stock of greenhouse gas substances determined in accordance with subsection (2), the quantity of greenhouse gas substances injected into the geological formation during the reporting year, and estimates of fugitive emissions of greenhouse gas substances determined in accordance with subsection (3). (2) For the factor Cost in subsection (1), the opening stock of greenhouse gas substances in the geological formation for the reporting year is: (a) for the first reporting year in which this method is used to calculate fugitive emissions—zero; and (b) for each reporting year other than the first reporting year—the closing stock of greenhouse gas substances in the geological formation for the previous reporting year, determined in accordance with subsection (1). (3) For the factor ECO2, fugitive emissions from geological formations used for the permanent storage of greenhouse gas substances are to be estimated from data obtained for monitoring and verification obligations under a licence, lease or approval mentioned in section 1.19A (meaning of captured for permanent storage). National Greenhouse and Energy Reporting (Measurement) Amendment Determination 2015 (No. 2) EXPOSURE DRAFT 13 EXPOSURE DRAFT Schedule 3 Biological treatment of solid waste Schedule 3—Biological treatment of solid waste National Greenhouse and Energy Reporting (Measurement) Determination 2008 1 Section 1.8 Insert: biological treatment of solid waste: (a) means an alternative waste treatment activity consisting of a composting or anaerobic digestion process in which organic matter in solid waste is broken down by microorganisms; but (b) does not include solid waste disposal in a landfill. Note: Chapter 5 (waste) deals with solid waste disposal in a landfill as well as the biological treatment of solid waste (whether at a landfill or at a facility elsewhere). 2 Paragraph 1.3(4)(d) After “landfill”, insert “or other facilities,”. 3 Subsection 1.10(1) Omit “column 3”, substitute “the column headed ‘Source of emissions’”. 4 Subsection 1.10(1) (after table item 4A) Insert: 4AA Biological treatment of solid waste 5 Section 5.2 Repeal the section, substitute: 5.2 Application (1) This Part applies to emissions released from: (a) the decomposition of organic material from: (i) solid waste disposal in a landfill; or (ii) the biological treatment of solid waste at a landfill or at a facility elsewhere; and (b) flaring of landfill gas. (2) This Part does not apply to solid waste disposal in a landfill unless: (a) the landfill was open for the acceptance of waste on and after 1 July 2012; and (b) during a year, the landfill emits more than 10 000 tonnes of CO2-e from solid waste disposal in the landfill. (3) This Part does not apply to the biological treatment of solid waste at a facility (whether at a landfill or at a facility elsewhere) unless, during a year, the facility 14 National Greenhouse and Energy Reporting (Measurement) Amendment Determination 2015 (No. 2) EXPOSURE DRAFT EXPOSURE DRAFT Biological treatment of solid waste Schedule 3 emits more than 10 000 tonnes of CO2-e from the biological treatment of solid waste at the facility. 6 Subsection 5.3(1) Omit “Subject to section 1.18 for emissions released from the operation of a facility that is constituted by a landfill during a year:”, substitute “For the purposes of this Part, subject to section 1.18, for estimating emissions released from the operation of a facility (including a facility that is a landfill) during a year:”. 7 Paragraphs 5.3(a) and (b) Omit “the landfill”, substitute “a landfill”. 8 Paragraphs 5.3(1)(c) and (d) Omit “at the landfill”, substitute “at the facility”. 9 Section 5.22 (heading) Repeal the heading, substitute: 5.22 Method 1—emissions of methane and nitrous oxide from biological treatment of solid waste 10 Subsections 5.22(1) and (2) Omit “landfill” (wherever occurring), substitute “facility”. 11 Section 5.22AA (heading) Repeal the heading, substitute: 5.22AA Method 4—emissions of methane and nitrous oxide from biological treatment of solid waste National Greenhouse and Energy Reporting (Measurement) Amendment Determination 2015 (No. 2) EXPOSURE DRAFT 15 EXPOSURE DRAFT Schedule 4 Application and transitional Schedule 4—Application and transitional National Greenhouse and Energy Reporting (Measurement) Determination 2008 1 Chapter 9 Insert in their appropriate numerical positions: 9.3 Amendments made by the National Greenhouse and Energy Reporting (Measurement) Amendment Determination 2015 (No. 1) (1) The amendments made by Schedule 1 to the National Greenhouse and Energy Reporting (Measurement) Amendment Determination 2015 (No. 1) apply in relation to the financial year starting on 1 July 2015 and later financial years. (2) This section is repealed on 1 November 2015. 9.4 Amendments made by the National Greenhouse and Energy Reporting (Measurement) Amendment Determination 2015 (No. 2) (1) The amendments made by Schedules 1 and 2 to the National Greenhouse and Energy Reporting (Measurement) Amendment Determination 2015 (No. 2) apply in relation to the financial year starting on 1 July 2015 and later financial years. (2) This section is repealed on 1 November 2015. 2 Chapter 9 Insert in its appropriate numerical position: 9.5 Amendments made by the National Greenhouse and Energy Reporting (Measurement) Amendment Determination 2015 (No. 2) (1) The amendments made by Schedule 3 to the National Greenhouse and Energy Reporting (Measurement) Amendment Determination 2015 (No. 2) apply in relation to the financial year starting on 1 July 2016 and later financial years. (2) This section is repealed on 1 November 2016. 16 National Greenhouse and Energy Reporting (Measurement) Amendment Determination 2015 (No. 2) EXPOSURE DRAFT