We take compliance action to ensure the integrity of our schemes. Our compliance update keeps you informed of activities related to our compliance and enforcement priorities. The update sets out our expectations of compliance by scheme participants and highlights the areas of focus for compliance action.
Australian Carbon Credit Unit (ACCU) Scheme
Independent review of human-induced regeneration (HIR) gateway checks
The second independent review report by Associate Professor (Honorary) Cris Brack was published on 30 August 2024. The review looked at 18 projects that underwent gateway checks following the release of the HIR gateway audit guidelines and a requirement for projects to undergo gateway audits. These 18 projects underwent our assessment before Professor Brack’s review.
Issues that we identified were resolved by the project proponents providing additional evidence or restratifying areas prior to ACCUs being issued. Seventeen of the projects restratified to remove areas that were identified as not having forest potential. The other project provided evidence satisfying us that all carbon estimation areas (CEAs) had sufficient regeneration occurring at 100-hectare scale.
Associate Professor Brack has said independent audit reports and our assessments continue to provide strong assurance that HIR projects are being managed in accordance with the rules and the methods used for classifying the CEA and identifying changes in regeneration canopy cover are appropriate.
Further, Professor Brack said the results confirm the conclusions from the first review [PDF 948 KB] that:
- no single national-scale model is well-suited to making estimates of canopy cover or cover change for these projects
- on-site measurements and georeferenced photography are required for accuracy in measurement.
If we're not satisfied that the gateway evidence sufficiently demonstrates compliance, we will not issue ACCUs until the project demonstrates compliance.
National Greenhouse and Energy Reporting (NGER) Scheme and Safeguard Mechanism
2023–24 NGER reporting
NGER emissions and energy reports for 2023–24 must be submitted by 11:59 pm (AEDT) on Thursday 31 October 2024. Reports must be submitted through the Emissions and Energy Reporting System (EERS). We expect all NGER reporters to submit accurate reports on time. There are no extensions available to the statutory deadline for reporting.
We publish the details of organisations that submit late reports. Late reporters are on notice that if they are late this year, they can expect an infringement notice.
Guidance is available for NGER reporters to help ensure accurate and on-time reporting.
Safeguard Mechanism
The first compliance period under the reformed Safeguard Mechanism is 2023–24. We expect accurate and timely information to be reported for all safeguard facilities. Failure by safeguard entities to ensure that each safeguard facility’s net emissions are at or below its baseline by the 31 March deadline will result in our compliance and enforcement action.
The initial civil penalty available is currently equal to $330 for each tonne the facility is above its baseline, plus an additional penalty of $33,000 per day if that facility remains in excess.
Compliance audit
We have given notice to an NGER reporter, that is also a safeguard entity, that it must pay for a compliance audit as we were not satisfied with the quality of their NGER reporting. This compliance audit will provide independent assurance about whether the participant has the appropriate controls in place. The findings of this audit may form the basis for future enforcement actions, if necessary.
Participants can expect stronger compliance action where they regularly or intentionally provide incomplete or inaccurate information, ignore statutory timelines, fail to take steps to resolve their non-compliant behaviour, or are not genuine in their efforts to meet their obligations.
Renewable Energy Target
Criminal conviction for providing false information in the Small-scale Renewable Energy Scheme
A Western Australian man has been convicted for knowingly and deliberately providing false information which was subsequently relied upon to create renewable energy certificates.
Our investigation led to the criminal conviction of Pierre Bosman who used an expired electrical contractor’s licence and installed non-compliant solar photovoltaic (PV) panels.
Following a guilty plea, Mr Bosman was convicted in the Perth Magistrates Court on 14 August 2024. He received a $15,000 fine.
In recording an expired electrical contractor’s licence on electrical safety certificates, 94 solar PV installations did not comply with the WA Electrical (Licensing) Regulations 1991 and were not eligible for renewable energy certificates.
RET registered persons suspended
On 20 September 2024, we permanently suspended Emerging Energy Solutions Group Pty Ltd as a registered person because it was no longer fit and proper under the Renewable Energy (Electricity) Act 2000. Emerging Energy can no longer create renewable energy certificates.
On 11 June 2024, we permanently suspended Greenbot Pty Ltd as a registered person because it was no longer fit and proper under the Renewable Energy (Electricity) Act 2000. This decision was temporarily stayed by the Federal Court on 3 July 2024. On 18 October 2024 the Federal Court dismissed an application for a further stay on our decision to permanently suspend Greenbot. This means that Greenbot is no longer a registered person under the Act and can no longer create renewable energy certificates from 18 October 2024.