Who must register for NGER, and by when?

The controlling corporation registers, not each site or subsidiary. It must apply by 31 August following the first financial year in which its group meets, or is likely to meet, an NGER threshold. Registration is indefinite and continues until the Clean Energy Regulator approves deregistration or the corporation ceases to exist.

NGER Registration: Who Registers And By When

NGER registration sits with the controlling corporation, not with each site or subsidiary. Section 12 of the NGER Act requires a controlling corporation to apply for registration if its group meets one or more of the section 13 thresholds for a financial year.

Key points

The controlling corporation registers for its whole group
Registration is due by 31 August after the first year a threshold is met
Responsible emitters for Safeguard facilities also register by 31 August
Registration is indefinite until deregistration is approved
Late registration can attract civil penalties, including for executive officers

Who the controlling corporation is

Section 7 of the NGER Act defines a controlling corporation as a constitutional corporation that does not have an Australian incorporated holding company. It is usually the company at the top of the corporate hierarchy in Australia, and it can be a non-operational holding company. A foreign incorporated company that operates directly in Australia without an Australian subsidiary can also be a controlling corporation. Its subsidiaries, as defined in the Corporations Act 2001, are its group members.

When to register

The application is due by 31 August following the financial year in which a threshold was first met or is likely to be met. The Clean Energy Regulator’s example is 31 August 2025 for a threshold met in 2024-25. A corporation may apply early if it expects to meet a threshold. Applications are made through the Regulator’s Online Services and require the ABN, head office addresses, and contact person and executive officer details.

Responsible emitters

A person with operational control of a Safeguard facility is a responsible emitter. A responsible emitter that is not also a controlling corporation must register by 31 August following the reporting year in which it was first covered by the Safeguard Mechanism.

How long registration lasts

Registration is indefinite. The corporation stays on the National Greenhouse and Energy Register, and must report every year, until the Regulator approves an application for deregistration or the corporation ceases to exist. It does not re-register each year.

Late registration

Failing to apply for registration on time is a contravention of the NGER Act that can attract civil penalties, which can also apply to executive officers and can accrue for each day of non-compliance. A corporation that discovers it met a threshold in a past year must still register and report for that year.

References & sources

Primary regulatory documents and authoritative references underpinning this answer.