NGER criterion BBB is the fallback criterion in the NGER (Measurement) Determination 2008. It allows the quantity of a fuel or carbonate to be estimated in accordance with industry practice, but only in narrow circumstances.
Key points
- BBB needs no commercial transaction and uncalibrated equipment
- Contractor fuel bought commercially cannot use BBB
- Industry practice is not defined in the Determination
- Estimates must still meet the section 1.13 principles
The two conditions
- There is no commercial transaction for the fuel. Where fuel is bought, the reporter must use criterion A, AA or AAA.
- The equipment used to measure the fuel is not calibrated to a measurement requirement. If calibrated equipment is available, criterion AAA applies instead.
What counts as a commercial transaction
The Clean Energy Regulator’s guideline states that commercial transaction has a broader meaning than invoices and can include contracts with or without directly attributable remuneration. It also states that fuels acquired by contractors through commercial transactions cannot be estimated using criterion BBB. They must be estimated using criterion A, AA or AAA.
By fuel type
| Fuel | Criterion BBB in the Determination |
|---|---|
| Solid fuels | Industry practice where combustion measuring equipment is not calibrated (section 2.17) |
| Gaseous fuels | Industry practice where measuring equipment does not meet criterion AAA (section 2.38) |
| Liquid fuels | Accepted industry measuring devices or, without them, industry practice (section 2.53) |
| Carbonates | Industry practice where equipment is not calibrated (section 4.38) |
Liquid fuels in practice
The Regulator notes that industry practice for liquid fuels may include logbooks, fuel cards or fleet management software, but that BBB is usually not applicable to diesel because it is typically acquired through a commercial transaction.
What to keep
The Determination does not define industry practice, so the estimate must still meet the principles of transparency, comparability, accuracy and completeness in section 1.13. Records should show why BBB applies, which practice was used and how the quantity was derived. NGER records are kept for five years from the end of the reporting year. Where a site later installs calibrated metering, criterion AAA becomes available and BBB no longer applies.
References & sources
Primary regulatory documents and authoritative references underpinning this answer.