Under the Safeguard Mechanism, we must publish information about facilities in an excess emissions situation on or after the compliance deadline.
Responsible emitters must ensure that excess emissions situations do not exist for their facilities on the compliance deadline. Failure to comply with this obligation is a contravention of a civil penalty provision. This exposes responsible emitters to the risk of financial penalties. This includes a financial penalty for each day that the excess exists during the 2-year period after the compliance date.
We have a range of enforcement powers available where responsible emitters fail to comply, including issuing infringement notices, pursuing civil penalty proceedings in court or accepting enforceable undertakings. We consider the circumstances of each non-compliance in deciding on the appropriate enforcement response and further information on those factors is in our compliance policy.
Learn more about managing excess emissions and our compliance approach.
Publishing requirements
We’re required to publish the following information about facilities in an excess emissions situation on or after the compliance deadline:
- the responsible emitter for the excess emissions situation
- when the excess emissions situation started
- if the excess emissions situation no longer exists – the date when the excess emissions situation ended.
Excess emissions situation table
The below table provides lists facilities in an excess emissions situation on the compliance deadline.
Publication notes
‘Excess emissions situation number on compliance date’ reflects the amount of tCO2-e that a facility’s ‘net emissions number’ is above or below its ‘baseline emissions number’. More information about baselines emissions numbers and net emissions numbers can be found on baselines and emissions data.
‘Excess emissions situation start date’ refers to the day that the excess emissions situation started and is the first day after the relevant monitoring period finishes.
‘Compliance date’ refers to the day by which the responsible emitter had a duty under section 22XF of the NGER Act to ensure that excess emissions situations did not exist at the facility.
‘Excess emissions situation end date’ refers to that day that the responsible emitter takes action to manage the facility’s excess emissions.
Under section 22XF of the NGER Act, responsible emitters have a duty to ensure that an excess emissions situation does not exist for their facilities on 1 April following conclusion of a financial year.
The maximum financial penalty for responsible emitters that contravene section 22XF NGER Act is the number of penalty units that is equal to the difference between the net emissions number for the facility for the monitoring period and the baseline emissions number for the facility for the monitoring period. Additionally, under section 30(2C) of the NGER Act, a further continuing contravention penalty of 100 penalty units accrues for each day that the excess exists during the 2-year period after 1 April.
As at 1 April 2025, the value of a penalty unit is $330.