The definition of an NGER facility matters because thresholds, reporting and, for large emitters, Safeguard obligations all attach to facilities. Section 9 of the NGER Act and Division 2.4 of the NGER Regulations set the test.
Key points
- A facility is a single undertaking or enterprise that emits and produces or consumes energy
- Section 9 of the NGER Act and Division 2.4 of the Regulations set the test
- Boundaries decide whether facility thresholds are met
- Safeguard, designated generation, national transport and multi-site cement facilities have specific rules
- Facilities can be declared under section 54
The definition
A facility is an activity or series of activities, including ancillary activities, that generate greenhouse gas emissions and produce or consume energy, and that form a single undertaking or enterprise. The Clean Energy Regulator describes the definition as deliberately broad, so that different industries can define boundaries that fit their operations.
Why the boundary matters
Grouping activities into one facility makes it more likely that the facility exceeds a facility threshold. Once a corporate group threshold is met, however, every facility in the group is reported regardless of its size. For a site with several connected operations, the way activities are grouped decides whether a facility threshold is met and how data is presented to the Regulator.
Special types of facility
- Safeguard facilities have high levels of direct emissions, are covered by the Safeguard Mechanism, and must keep emissions below a baseline or manage excess emissions.
- Designated generation facilities have electricity production as their principal activity. A facility that generates electricity for its own use, or as a secondary activity, is not one.
- National transport facilities can be nominated so that state and territory transport facilities are reported as a single facility.
- Multi-site cement facilities can be nominated so that cement production across several sites is reported as one facility.
Declarations
In some circumstances a controlling corporation can apply to have an activity or series of activities declared a facility under section 54 of the NGER Act, and the Regulator can also make such a declaration. The Regulator asks corporations to contact it before applying.
Linking facilities to reporters
Each facility is tied to one corporate group through operational control. The controlling corporation must identify every facility under its own operational control or that of its group members before it can test the thresholds.
References & sources
Primary regulatory documents and authoritative references underpinning this answer.
- Clean Energy Regulator: Defining a facility for NGERcer.gov.au
- National Greenhouse and Energy Reporting Act 2007 (sections 9 and 54)legislation.gov.au
- National Greenhouse and Energy Reporting Regulations 2008 (Division 2.4)legislation.gov.au
- Clean Energy Regulator: National transport facility nomination formcer.gov.au
- Clean Energy Regulator: The Safeguard Mechanismcer.gov.au