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Baseline variation

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18 June 2020

NGER​​​

Variations to a production adjusted baseline

Facilities with an existing production adjusted baseline may apply to vary that baseline if they produce a new prescribed (annually adjusted) production variable that was not included in the original production adjusted baseline. Such variations can be made and do not require a new production adjusted baseline application to be submitted, even where the original production adjusted baseline did not include an annually adjusting production variable.

Please contact us to discuss applying to vary a production adjusted baseline.

Baseline variations made by the Clean Energy Regulator

In certain circumstances, the Clean Energy Regulator may:

  • vary a reported, calculated or production adjusted baseline where it includes emissions attributable to activities that no longer occur at the facility,
  • vary a reported baseline that was based on reported data that has later been determined to be incorrect,
  • make a replacement determination for any type of baseline determination relating to a facility that splits into multiple facilities or multiple facilities that merge to form a single facility,
  • vary any type of baseline determination to take into account updates in relation to global warming potentials or default emissions intensity values, and
  • remake any type of baseline determination to rectify an error.

Before a baseline is varied or remade, the Clean Energy Regulator will notify and seek comment from the responsible emitter.

Decisions made by the Clean Energy Regulator to vary or remake a baseline can be reviewed by the Administrative Appeals Tribunal.

Baseline variation for an improvement in emissions intensity

Please note that emissions intensity baseline variations are no longer available.

Amendments made to the Safeguard Rule in April 2019 removed criteria for the emissions intensity test from 1 July 2019 onwards. Previously this could be used to adjust a baseline in certain circumstances, where expanding production was accompanied by an improvement in emissions intensity.

This type of variation has been replaced by transitional calculated baselines as a mechanism to reset baselines and annually updated production adjusted baselines using prescribed (annually adjusted) production variables.

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