Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Safe Climate (Energy Efficient Non-Residential Buildings Scheme) Bill 2009

Part 2 Emissions intensity cap

   

9   Classes of non-residential buildings

             (1)  The Minister, within 3 months of the commencement of this Act, must determine by legislative instrument the different classes of non-residential buildings to which this Act applies.

             (2)  The Minister, by 31 May in any year, may determine different or additional classes of non-residential buildings than those determined under subsection (1) that will apply in the financial year commencing 1 July 3 years later.

10   Measurement of emissions intensities

                   The Minister, within 3 months of the commencement of this Act, must determine by legislative instrument methods, or criteria for methods, by which emissions intensities are to be measured for the purposes of this Act and may specify:

                     (a)  different methods or criteria for different classes of non-residential buildings; and

                     (b)  different methods or criteria depending on the circumstances under which non-residential buildings operate, such as climate; and

                     (c)  conditions relating to the use of methods determined by the Minister or of methods which meet criteria determined by the Minister.

11   Application of Act to owners of non-residential buildings

                   This Act applies to the owner of each non-residential building within a class of non-residential buildings that is determined under subsection 9(1) or (2).

12   Transitional reporting by owners

             (1)  The owner of a non-residential building in a class determined under subsection 9(1) or (2) must provide an annual report to the Greenhouse and Energy Data Officer, for the two financial years commencing the next 1 July after the class is determined ( transitional reports ).

Civil penalty:          100 penalty units.

Note 1:       Under Division 137 of the Criminal Code it may be an offence to provide false or misleading information or documents to the Greenhouse and Energy Data Officer in purported compliance with this Act.

Note 2:       Under section 28 the person may be liable for an additional civil penalty for each day after the day specified in the determination for which it fails to provide information in accordance with this section.

             (2)  A transitional report under this section must:

                     (a)  be given in a manner and form approved by the Greenhouse and Energy Data Officer; and

                     (b)  include information based on methods determined by the Minister under subsection 10(3), or methods which meet criteria determined by the Minister under that subsection, for the calculation of the emissions intensity of the relevant non-residential building, where the use of those methods satisfies any conditions specified in a determination under that subsection; and

                     (c)  include any information specified by the regulations for the purposes of this paragraph; and

                     (d)  be given to the Greenhouse and Energy Data Officer before the end of 30 days after the end of the relevant financial year.

             (3)  Regulations made for the purposes of paragraph (2)(c) may specify different requirements for different circumstances.

             (4)  Regulations made for the purposes of paragraph (2)(c) may also specify information that a State or Territory has requested the Greenhouse and Energy Data Officer to collect.

             (5)  The Greenhouse and Energy Data Officer must::

                     (a)  collate the information received under paragraph (2)(b) and provide it to the Minister within 3 months of the end of the relevant financial year; and

                     (b)  include the uncollated information in the register established under section 24.

             (6)  In this Act:

transitional reporting period means the 2 financial year period specified in subsection (1).

13   Emissions intensity cap

             (1)  The regulations must declare that a quantity, in tonnes of carbon dioxide equivalent of greenhouse gas emissions per square metre, is the emissions intensity cap that will apply to each class of non-residential buildings determined under section 9 for a specified financial year which must commence after the end of the relevant transitional reporting period.

             (2)  The Minister must take all reasonable steps to ensure that after receiving the relevant second report under paragraph 12(5)(a):

                     (a)  regulations declaring the emissions intensity caps for the financial year commencing the next 1 July; and

                     (b)  regulations declaring the energy efficiency caps for each of the next 9 financial years;

are made before the next 31 May.

             (3)  In making a recommendation to the Governor-General about regulations to be made for the purposes of subsection (2), the Minister must have regard to the average emissions intensity for a class of non-residential buildings, calculated using the two relevant reports received under paragraph 12(5)(a).

             (4)  The Minister must take all reasonable steps to ensure that:

                     (a)  regulations declaring the emissions intensity cap for the financial year beginning on the next 1 July after the financial years covered by subsection (2) are made at least 5 years before the end of that financial year; and

                     (b)  regulations declaring the emissions intensity cap for a later financial year are made at least 5 years before the end of that later financial year.

             (5)  In making a recommendation to the Governor-General about regulations to be made for the purposes of subsection (4), the Minister may have regard to information provided to the Greenhouse and Energy Data Officer under paragraph 15(2)(b).

             (6)  If:

                     (a)  apart from this subsection, at the beginning of the 5-year period ending at the end of a financial year (the current financial year ), there is no emissions intensity cap for the current financial year; and

                     (b)  there was an emissions intensity cap for the previous financial year; and

                     (c)  the current financial year is a financial year covered by subsection (4);

the emissions intensity cap for the current financial year is equal to:

                     (d)  if 99% of the emissions intensity cap for the previous financial year is less than the lower bound of the national scheme gateway for the current financial year—that lower bound; or

                     (e)  if 99% of the emissions intensity cap for the previous financial year exceeds the upper bound of the national scheme gateway for the current financial year—that upper bound; or

                      (f)  if neither paragraph (d) nor (e) applies—99% of the emissions intensity cap for the previous financial year (rounded to the nearest whole number, with a number ending in .5 being rounded up).

             (7)  In making a recommendation to the Governor-General about regulations to be made for the purposes of this section, the Minister may have regard to such matters (if any) as the Minister considers relevant.

14   National scheme gateway

Scope

             (1)  This section applies to a financial year covered by subsection 13(4).

Gateway

             (2)  The regulations may declare that:

                     (a)  a quantity, in tonnes of carbon dioxide equivalent of greenhouse gas emissions per square metre, is the upper bound of the national scheme gateway for a specified financial year; and

                     (b)  a quantity, in tonnes of carbon dioxide equivalent of greenhouse gas emissions per square metre, is the lower bound of the national scheme gateway for a specified financial year.

Emissions intensity cap

             (3)  The Minister must take all reasonable steps to ensure that the emissions intensity cap for a financial year:

                     (a)  is not more than the upper bound of the national scheme gateway (if any) for the financial year; and

                     (b)  is not less than the lower bound of the national scheme gateway (if any) for the financial year.

Regulations

             (4)  In making a recommendation to the Governor-General about regulations to be made for the purposes of this section, the Minister may have regard to such matters (if any) as the Minister considers relevant.