An enforceable undertaking is deemed to be complete when all tasks offered by a party are accepted by the Clean Energy Regulator and have been completed to our satisfaction.
The completed enforceable undertakings for 2026 include:
Legislation: National Greenhouse and Energy Reporting Act 2007
4 April 2025
Circumstances
Fitzroy (CQ) Pty Ltd is the responsible emitter for the Ironbark No. 1 and Carborough Downs Coal Mine facilities that are covered by the Safeguard Mechanism.
Under the NGER Act, Fitzroy was required to ensure that on 1 April 2025 an excess emissions situation did not exist in relation to these facilities for their respective monitoring periods ending on 30 June 2024. As the combined excess emissions number for these facilities was 583,079 tonnes of carbon dioxide equivalent on 1 April 2025, Fitzroy failed to comply with this requirement.
Fitzroy has represented to the Clean Energy Regulator that in its most recent financial year (which ended on 31 December 2024) it made a loss in excess of $427 million. It has further represented that it does not have the financial capacity to immediately purchase and surrender 583,079 prescribed carbon units, required to comply with its obligations under the NGER Act. Prescribed carbon units are Australian carbon credit units or Safeguard Mechanism credit units.
Undertaking
Fitzroy undertakes to:
- Complete 3 scheduled surrenders of PCUs so as to fully resolve the excess emissions situation for:
- Ironbark No. 1 facility by 1 July 2025
- Carborough Downs Coal Mine facility by 16 December 2025.
- Commence 3 feasibility studies by 30 June 2025 to investigate potential carbon abatement measures at the 2 facilities, with a written update to be given to the Clean Energy Regulator on their outcome by 15 December 2025.
- Take all steps needed to ensure that neither facility is in an excess emissions situation for the 2024–2025 financial year on 1 April 2026.