FORM Application for variation of registration – CER-ERF- VPA001 Project … · 2015-07-01 ·...

V2.0 23/06/2015 Application for variation of registration – Project area 1 of 16

Application for variation of registration – Project area under the Carbon Credits (Carbon Farming Initiative) Act 2011

Purpose of this form

This form is to be used to apply to the Clean Energy Regulator, under Division 3.2 of the Carbon Credits (Carbon Farming Initiative) Regulations 2011 (the CFI Regulations) to vary the project area(s) identified in the registration.

This form is used to give the Clean Energy Regulator information about the scheme participant (the ‘participant’) and the registered project (the ‘project’), to enable the Clean Energy Regulator to decide whether or not to vary a section 27 registration for project area under the Carbon Credits (Carbon Farming Initiative) Act 2011.

Whether your project was originally registered under the Carbon Farming Initiative; through an Emissions Reduction Fund (ERF) transitional application or as an Emissions Reduction Fund project will affect the assessment if an area is being added to the project.

The registration cannot be varied under the Emissions Reduction Fund:

if your project conducted on the additional area does not meet the requirement of the method currently in use by your project;

if you have not established your legal right to carry out the project in the additional project area.

Instructions for completing this form

Please read each part of the application carefully, fully answer all the questions, sign where indicated, and attach the required documentation.

You must complete and submit:

Part A: Applicant details

Part B: Project details

Part C: Declaration

Application checklist

FORM

CER-ERF-VPA001

V2.0 23/06/2015

CER-ERF-VPA001


To learn more about the steps involved in participating in the Emissions Reduction Fund, including your obligations under this initiative, please visit the Clean Energy Regulator website1.

You can choose to complete this form by:

printing the form and filling it in by hand, or

saving the form and filling in an electronic copy.

Note that if you choose the second option, there may be times when you will need to print certain sections in order to sign them or in order to complete multiple entries for a single set of questions. These sections may be scanned back into the computer and submitted electronically with the rest of the form.

Pen colours Please use a black or blue pen to write on the form.

Check boxes Mark boxes like this with a ✔ or ✘. When an instruction asks you to ‘tick’ the box, you can

still use either ✔ or ✘.

Go to Where you see an instruction like this - Go to question 5 - mark the relevant box with a ✔

or ✘and then skip to the question number shown. You do not need to answer the question(s) in between.

Where an instruction has a black double arrow (), go to the next indicated part/section. Where an instruction has a black single arrow (), go to the next question. Where an instruction has a black single arrow pointing down (), fill in the field(s) directly below.

Mandatory questions

If all fields in a question are mandatory and must be completed, (required) is added to the end of the question label text. If a field in a question is mandatory only IF a condition is met, (required if any) is added to the end of the question label text.

This symbol indicates an instruction on what to do next.

This symbol indicates additional useful guidance to filling in the adjacent field or section.

This symbol advises that more than one entry may be required for the section and therefore you may need to photocopy or print the section or fill in a duplicate section.

This symbol advises that additional documentation to support a claim may need to be attached to the application.

Duplex printing This form is designed to be duplex printed to save on paper. All new sections start on the right-hand side of a page spread.

Help filling in this form

Guidance for filling in this form is available on the Clean Energy Regulator website2.

1 http://www.cleanenergyregulator.gov.au/


http://www.cleanenergyregulator.gov.au/




CER-ERF-VPA001


If you require assistance or have any questions regarding this application process, please contact the Clean Energy Regulator general enquiries line on 1300 553 542 or email [email protected].

Submitting this form

A signed copy of this form should be kept for your records.

By post

Post your completed application with any accompanying documentation to:

Emissions Reduction Fund Clean Energy Regulator GPO Box 621 Canberra ACT 2601

By email

Alternatively, email your scanned, completed application to the Clean Energy Regulator at [email protected].

If the email and its attachments (the application and supporting documents) are larger than 10MB, they must be sent using multiple emails that are clearly marked (i.e. by including an identifier in the subject line, e.g. '1 of 3', '2 of 3', '3 of 3'). The signed application form must be saved as a single scanned file and not split into parts. Files may be zipped to reduce their size.

If submission occurs by email, the participant is not required to send the original hardcopy of the application by post.

mailto:[email protected]


CER-ERF-VPA001


Office use:

Part A: Applicant details

Complete this part to identify the participant/appointed nominee making this application (if they are making this application on their own behalf) or the participant/appointed nominee on whose behalf this application is made.

1. Applicant details (required)

Each person signing the declaration in Part C (if they are signing it on their own behalf) or each person on whose behalf that declaration is signed is an applicant for this application.

Client name

Date of birth (individual only) Y Y Y Y M M D D

Organisation identifier ABN ACN ARBN ICN

CER-ERF-VPA001


Part B: Project details

To apply for variation in relation to the project, you must supply the project details.

1. Project details (required)

Project identification number

Project name

2. A revised estimate of the abatement that the varied project is expected to deliver during the crediting period (required)

Please provide revised forward abatement estimate to the nearest 50 000 tonnes

Tonnes CO2-e

Estimated abatement

3. Are you submitting this form to add an additional area of land to your project, remove an area of land from your project or both? (required)

Tick one of the boxes below to state your variation, then complete the relevant sections of the form

If you are a: Please complete:

Add an area of land to your project Part B1 – Adding an area of land to your existing project

Part C – Declaration

Remove an area of land from your project

Part B2 – Removing an area of land from your project


Add and remove an area of land from your project at the same time

Part B1 – Adding an area of land to your existing project

Part B2 – Removing an area of land from your project


Part B1: Adding an area of land to your existing project

4. Where is the additional project area? (required)

A project may include several project areas, with these areas covering one or more land titles. Provide a description of the area of the project including local government area and street address (where applicable).

If the project area(s) is/are on native title land, provide the name of the federal court determination.

If insufficient space, attach a separate sheet with the details. Clearly identify the nature of any additional documentation or information that you are supplying to support your answer to this question.

Provide a brief description of the location of the project including local government area and street address

Details

CER-ERF-VPA001


5. Have you obtained a completed Eligible Interest Holder Consent form from all persons who hold an eligible interest in the additional land on which the project will occur? (required if new land title(s))

The Eligible Interest Holder Consent form can be obtained from www.cleanenergyregulator.gov.au or by calling 1300 553 542. The form lists examples of eligible interest holders for the different types of land tenure. For more detail see the CFI Act.

Tick the appropriate response

N/A The participant is the only person with the eligible interest in the project area of the project.

No If you have not obtained all necessary written consent forms your registration will be

conditional on receiving these consents

Yes You must attach each of the completed forms to this application.

6. For each land title covering or partially covering the additional project area or areas, provide: (required if new land title(s))

The land title reference number(s) including, where applicable the state/territory, block number, section number, volume, folio and edition.


Land title references

7. List the geospatial information and files attached to this application. (required if new land title(s))

Geospatial files must clearly show your project area.

Projects that require the size of the project area(s) to be determined so that abatement can be estimated must supply digital geospatial mapping information in accordance with the Carbon Farming Initiative Mapping Guidelines.

The Carbon Farming Initiative Mapping Guidelines are available at www.environment.gov.au.

This requires digital geospatial data files that can be opened by GIS mapping software, such as CMT (CFI Mapping tool), ESRI or Mapinfo, and that meet the requirements of the Carbon Farming Initiative Mapping Guidelines to be attached or submitted electronically (e.g. email, CD, DVD or USB storage device) in support of this application.


Geospatial information

8. When did/will the activity begin on the additional area? (required)

Please provide the start date

Date Y Y Y Y M M D D

http://www.environment.gov.au/

CER-ERF-VPA001


9. Are the project activities in the additional area funded under any of the government programs or include any activities listed in section 21 of the Carbon Credits (Carbon Farming Initiative) Rule 2015? (required)

For the project to be eligible, the project activities must not be carried out under another Commonwealth State or Territory government program or scheme.

Specific methods may have requirements in lieu of the general requirement.


No

Yes The project activities must not be carried out under another government program; else the project registration cannot be varied under the Emissions Reduction Fund.

10. Will the project, if conducted on the additional area, continue to meet the requirements of the current method? (required)


Yes

No The project conducted on the additional area must meet the requirements of the method

currently in use by your project; else the project registration cannot be varied under the Emissions Reduction Fund.

11. Does your project require any government regulatory approvals for the additional project area? (required)

The Clean Energy Regulator must be satisfied that the project and each element of it has met all relevant Commonwealth, State and Territory and local government approvals, permits and licence requirements relating to land use or development, environment and water.

The Clean Energy Regulator may request further information or a copy of the approval.



No Explain why the project does not require regulatory approvals below.

Yes

Provide a description of the nature of any regulatory approvals required, the aspects of the project they relate to, the name of each regulatory authority responsible for issuing the approvals and, where relevant, the date the approvals were issued.

CER-ERF-VPA001


12. Do you have the legal right to carry out the project in the additional area? (required)

Having the legal right may involve legal ownership of the project site or the contractual rights to carry out the project and to generate Australia carbon credit units for the project. You should consider seeking professional legal advice relevant for your circumstances before signing this form to ensure you have the legal right to carry out the project as required by the CFI Act.

Participants are responsible for ensuring there is only one project application completed for any activity and that calculation of the net abatement generated will not include abatement from any other project or scheme. Projects may include those under the CFI Act, New South Wales Energy Savings Scheme and Victorian Energy Efficiency Target. This may include notifying eligible interest holders, for example tenants or vehicle operators, that a project is being undertaken.

The Clean Energy Regulator may request further information or a copy of supporting documentation.

If you are conducting your project on site owned by another person you may be required to provide evidence of their permission to conduct the project on that site. (e.g. letter from the site owner)

Tick the appropriate response.

Describe your legal right to undertake the project, including contractual relationships with other parties, the notification of eligible interest holders and where relevant sample contracts for aggregation

No If you have not established your legal right to carry out the project to the satisfaction of the

Clean Energy Regulator, the project cannot be varied for the Emissions Reduction Fund.

Yes

Justification for legal right

13. If your project is a sequestration project, is the additional project area or any part of it being carried out, or intended to be carried out, by or under a forestry managed investment scheme? (required)


No

Yes Which forestry managed investment scheme, provide details below.

CER-ERF-VPA001


14. Indicate the categories that describe the additional project area(s) and the nature of the participant’s rights in relation to that land for the purpose of the project. (required if new land title(s))

The Clean Energy Regulator may request written evidence that you hold the applicable carbon sequestration right for the project area.

For example, a copy of the:

certificate or notice from the relevant Crown lands Minister or Commonwealth Minister

relevant agreement such as a forestry agreement

Native Title consent determination

Indigenous Land Use Agreement

Certificate of title

The land is freehold land and the participant is the:

registered landholder

holder of a registered carbon property or forestry right

The land is Crown land and the participant is the:

holder of a pastoral lease that includes the carbon sequestration right

government agency representing the Crown

holder of a carbon property or forestry right under the state or territory law

The land:

a. exclusive possession Native Title and the participant is the:

registered Native Title body corporate

b. covered by land rights legislation and the participant is the:

land rights holder

holder of the carbon sequestration rights

For all other circumstances, please specify.


Details of other circumstances

CER-ERF-VPA001


Part B2: Removing an area of land from your project

15. Where is the location of the land being removed from your project area? (required)

Provide a description of the area of the project being removed, including local government area and street address (where applicable).


Provide a brief description of the removed location of the project including local government area and street address

Details

16. For each land title covering or partially covering the removed project area or areas, provide: (required)

The land title reference number(s) including, where applicable the state/territory, block number, section number, volume, folio and edition.


Land title references

17. List the geospatial information and files attached to this application. (required)

Geospatial files must clearly show your project area.

Projects that require the size of the project area(s) to be determined so that abatement can be estimated must supply digital geospatial mapping information in accordance with the Carbon Farming Initiative Mapping Guidelines.

The Carbon Farming Initiative Mapping Guidelines are available at www.environment.gov.au.

This requires digital geospatial data files that can be opened by GIS mapping software, such as CMT (CFI Mapping tool), ESRI or Mapinfo, and that meet the requirements of the Carbon Farming Initiative Mapping Guidelines to be attached or submitted electronically (e.g. email, CD, DVD or USB storage device) in support of this application.


Geospatial information

18. Does the project area being removed contain a Carbon Estimation Area (CEA) or strata? (required)

If you are applying for a variation of registration of a project area for a sequestration project, you may be required to relinquish ACCUs that were generated for previous reporting periods, if the proposed project area being removed contains a CEA for which the ACCUs have been issued. If your project is an Avoided Deforestation Project there are certain restrictions around removing a buffer zone.

Tick the appropriate response.

No Go to Part C.

Yes Continue to next question.

http://www.environment.gov.au/

CER-ERF-VPA001


19. If your project is an avoided deforestation project, are you removing all or part of a buffer zone? (required)

If you are applying for a variation of registration of a project area for a sequestration project using the Avoided Deforestation method, there are restrictions around the removal of the buffer zone.


No

Yes Provide buffer zone details below.

CER-ERF-VPA001


Part C: Declaration

This part must be signed by the participant/appointed nominee making this application or, on their behalf, by a person duly authorised to bind them.

Under the Criminal Code it is an offence for a person to give information or documentation to a Commonwealth entity if the person providing the information or documentation knows that the information or documentation is false or misleading.

20. Participant’s declaration (required)

Complete and sign the declaration

By signing below, the signatory declares that they have legal capacity and authority to bind the participant/appointed nominee on whose behalf the signatory has signed this declaration, in respect of matters contained in this application, and declares and acknowledges, for and on behalf of that participant/appointed nominee, that:

all information provided in, or in relation to, this application (including attachments and any other supporting information) is, having made all reasonable enquiries, complete, true and correct and not misleading by inclusion or omission;

the participant understands and accepts the responsibilities of operating a registered project under the CFI Act (participants are strongly encouraged to read the CFI legislation and other guidance materials available on the Clean Energy Regulator website3;

the provision of false or misleading information is a serious offence and carries penalties under the Criminal Code and may have consequences under the Carbon Credits (Carbon Farming Initiative) Act 2011, the Australian National Registry of Emissions Units Act 2011 and other laws;

the participant authorises the Clean Energy Regulator to copy, record, use or disclose any of the information provided in relation to this application for the purpose of assessing and making a decision on the application, auditing compliance, enforcement of laws, regulations and legislative rule, the performance of the Clean Energy Regulator’s statutory functions and for related purposes subject to the requirements of relevant laws, in particular the Privacy Act 1988 and Part 3 of the Clean Energy Regulator Act 2011;

the personal information provided in this application may also be copied, recorded, used or disclosed by the Clean Energy Regulator for its administrative purposes, for example, to pre-populate other Clean Energy Regulator forms which the applicant wishes to fill out online in the future, and for improving the Clean Energy Regulator’s service delivery to the applicant;

the participant consents to the Clean Energy Regulator sharing any information in relation to them or their projects with any Commonwealth, State or Territory government agencies for the purpose of assisting those agencies in the performance of their functions or powers relating to environmental protection and/or health and safety;

the participant has the power and authority to enter into and perform the requirements of a registered project or will seek the written consent of all eligible interest holders (where applicable);

the participant understands that a carbon maintenance obligation may be placed over a project area or project areas during the term of the permanence period of the project (where applicable);




CER-ERF-VPA001


the participant authorises the Clean Energy Regulator to seek advice from the relevant authority(ies) on any regulatory approvals pertaining to the project or any element of it; and that

the participant authorises the Clean Energy Regulator to seek personal and other information about their participation in other offsets scheme(s) from the administrator of the other offsets scheme(s), or if the scheme(s) are no longer in operation, from the Commonwealth, State or Territory agency with oversight of the scheme(s).

Signed by or for and on behalf of:

Participant/appointed nominee name

By:

Signatory Name

Signature

Position

Phone number ( )

Email address

Signature date Y Y Y Y M M D D

CER-ERF-VPA001


Application checklist

Have you completed the following? Tick the box when you've completed the task beside it.

Tick Task Number attached

Completed all required fields. N/A

Attached all necessary documents and supporting evidence, where applicable.

Completed and signed the declaration(s). N/A

Where a signatory is signing on behalf of a participant/appointed nominee, attached evidence of the authority of the signatory to sign the declaration on behalf of the participant/appointed nominee.

CER-ERF-VPA001


Additional information

About the Emissions Reduction Fund

The Emissions Reduction Fund is a voluntary carbon offsets scheme that provides new economic opportunities for a wide range of participants who take steps to reduce carbon pollution or increase carbon storage on the land. Emissions Reduction Fund eligible offsets projects generate Australian carbon credit units that can be sold to other individuals and businesses wanting to offset their own greenhouse gas emissions.

Seeking legal advice

The Clean Energy Regulator provides guidance for general information purposes only. The information in this form and supplied by the Clean Energy Regulator should not be interpreted as independent professional advice. You should not rely solely on this information and should get professional legal advice relevant to your individual circumstances.

Protection of information

The Clean Energy Regulator is bound by the secrecy provisions of Part 3 of the Clean Energy Regulator Act 2011 (Clean Energy Act) for the information it collects in relation to this application and also by the Privacy Act 1988 in regard to personal information it collects.

Privacy statement

'Personal information' is defined in the Privacy Act 1988 to mean information or an opinion about an identified individual, or an individual who is reasonably identifiable:

(a) whether the information or opinion is true or not; and

(b) whether the information or opinion is recorded in a material form or not.

The collection of personal information relating to this application is authorised by the Australian National Registry of Emissions Units Act 2011, the Australian National Registry of Emissions Units Regulations 2011, the Carbon Credits (Carbon Farming Initiative) Act 2011, the Carbon Credits (Carbon Farming Initiative) Regulations 2011 and any legislative rules made under the Carbon Credits (Carbon Farming Initiative) Act 2011.

Personal information collected in relation to this application will be used for the purposes of assessing the application, auditing compliance, enforcement of relevant laws, regulations and legislative rule, the performance of our statutory functions and for related purposes. We will also use the personal information which you provide for our administrative purposes, for example, to pre-populate other Clean Energy Regulator forms which you wish to fill out online in the future, and for improving our service delivery to you.

The Clean Energy Regulator’s Privacy Policy contains information about the agency’s procedures for handling personal information including how a person can access their personal information held by the agency, and how to seek correction of such information. The Privacy Policy also contains information about how to complain about

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a breach of the Australian Privacy Principles. The Clean Energy Regulator’s Privacy Policy can be found on the Clean Energy Regulator website4.

Disclosure of information

The Clean Energy Regulator is only able to disclose information relating to this application (including personal information) in accordance with the CER Act, the Privacy Act 1988 or as otherwise required by law.

The circumstances in which such information may be disclosed include:

Disclosure to other agencies, persons or organisations to enable the verification of information contained in the application;

Disclosure to the Secretary or authorised officer of a Department for the purpose of administering a program or collecting statistics relating to greenhouse gas emissions, energy consumption or energy production;

Disclosure to certain agencies, bodies or persons where the Regulator is satisfied that disclosure will enable or assist those agencies, bodies or persons to perform or exercise their functions or powers, including the Australian Securities and Investments Commission, the Australian Competition and Consumer Commission and the Commissioner of Taxation;

Disclosure for the purposes of law enforcement; and

Disclosure for the purposes of a climate change law or for the purposes of the performance of our functions under a climate change law.

Accessibility disclaimer

Whilst the Clean Energy Regulator has worked to ensure this document is accessible, please contact us to obtain an alternative version if you are having difficulty, or you have specific accessibility needs.

Please call 1300 553 542 or email the name of the form and your needs to [email protected].





FORM Application for variation of registration – CER-ERF- VPA001 Project … · 2015-07-01 ·...

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