• 19 Nov 2009 - Insolvency Spring Training & End of year drinks (Sydney)
• 25 Nov 2009 - Directors' and Officers' duties in uncertain markets (Sydney)
• 25 Nov 2009 - Hosting AMPLA twilight seminar (Newcastle)
• 26 Nov 2009 - Current issues in confidentiality and privacy (Melbourne)

• Daryl Gray
• Matthew Smith
• Alan McKelvey
• Carlo Zoppo

Amendments to the NGERS

November 2009

The NGERS has been in operation for only twelve months yet the legislation has been subject to a number of amendments – most of which have been minor amendments of a housekeeping nature.  However, significant amendments are proposed as part of the raft of legislative instruments that are currently before Parliament as part of the Carbon Pollution Reduction Scheme (CPRS).  

The key amendments include:

• The creation of a new Australian Climate Change Regulatory Authority (the Authority) that will replace the GEDO as the administrator of the NGERS;  
• Widening the definition of entities that are required to report under the NGERS to include all ‘liable entities’ under the CPRS such as individuals, unincorporated associations and local councils. The NGERS currently only requires ‘constitutional corporations’ that are ‘controlling corporations’ to register and report on emissions and energy data;
• Ensuring consistency with the structure and terminology of the CPRS by including references to OTNs and Liability Transfer Certificates (LTCs);  
• Mandatory audits of emissions reports prior to submission to the Authority for entities whose gross emissions number under the CPRS exceeds 125 kilotonnes of CO2-e;  
• Increasing penalties for offences under the NGERS to align them with penalties for offences under the CPRS; and  
• Liability imposed on management as well as the CEO for contraventions of the company.

The CPRS legislation is still being negotiated between the Government and the Opposition. However, once the legislation has passed amendments to the NGERS should quickly follow.
The proposed amendments will substantially widen the scope of those entities required to register and report under the NGERS.
Entities that meet NGERS thresholds but are not currently included in the definition of a 'controlling corporation’ should be mindful of the proposed amendments and be ready to meet their NGERS obligations once they commence.

Links to related pages:

• NGERS Update - November 2009
• New NGERS reporting thresholds and penalties for non-compliance
• NGERS Streamlining Protocol - Reducing the administrative burden
• NGERS Consultation - Audit Determination and Measurement Determination
• Conclusion - NGERS - What the changes mean for business

For further information on NGERS or climate change issues, please contact the author:

Carlo Zoppo | Senior Associate
Sparke Helmore Lawyers | Sydney
p: 61 2 9373 3592
e: carlo.zoppo@sparke.com.au