National Greenhouse and Energy Reporting Act 2007

Obligations for Local Government

The National Greenhouse and Energy Reporting (NGER) Act and associated papers, identified an area of concern for Western Australian Local Governments responsible for the management of large landfills.

The Association (WALGA) has received legal advice on what the implications might be of this reporting requirement. It was identified that clarification was required as to whether Local Governments are considered ‘constitutional corporations’, for the purpose of  reporting under the Act.

An Infopage outlines the following key issues and is available here:

• Negotiation on the National Greenhouse and Energy Reporting Act and obligations for Local Government.
• Legal advice pertaining to the ‘constitutional corporations’ issue relating to the above Act.
• WALGA response to the above Act.

WALGA's submission paper to the Department of Climate Change, Greenhouse and Energy Reporting Taskforce on the Technical Guidelines for the Estimation of Greenhouse Emissions and Energy at Facility Level is available here.

National Greenhouse and Energy Reporting System Update - 2 July 2008

It has been recently identified that there has been some confusion within Councils and generally on the National Greenhouse and Energy Reporting System and the Act (NGER Act) which governs the system.

While the Association has worked diligently on this issue and has communicated the liabilities and obligations thereof to the sector in a variety of ways over the past four months, there still appears to be a degree of concern over these issues.

There is particular concern over the dates by which the system is being implemented by the Federal Government. The Association wishes to clarify the timeline for reporting, as some Councils are unaware of their obligations, should they wish to voluntarily, or be obliged to legally, report to the system.

When to do I report?

The first reporting year for the Australian Government’s National Greenhouse and Energy Reporting Act 2007 commences July 1st 2008. 

This is the 2008/2009 financial year (from 1st July 2008 to 31st June 2009).

If you are eligible to report you need to:

Register to Report by: 31st August 2009
Report by: 31st October 2009
Reporting Period: 1st July 2008 - 31st June 2009

So, while it may appear that Local Governments need not be addressing this issue until August next year, it should be noted that the reporting period covers the current calendar year as of July 1st. In short, Local Governments who wish to, or are obliged to report, should be collecting relevant data now.

Am I eligible to report?

As has been communicated, the Association has sought legal advice after ongoing attempts to encourage the Federal Government to clarify Local Governments position in relation to the NGER Act were unsuccessful. The advice received suggests that whether a local government authority or a regional council is a constitutional corporation will depend on the particular profile of those organisations.  This advice has been passed on to affected Councils and Regional Councils, via the Chief Executive Officers.

There are a variety of tools available to Local Government in order to assist with reporting requirements. The efficacy of these tools is as yet untested by WA Local Governments and the Association cannot as yet confirm their value for the sector. Your advice on their relevance for Local Government emissions calculation would be valuable feedback to the Association and for the stakeholders affected by the reporting requirements. The two ‘calculators’ most commonly referred to are the Federal Government calculator which can be found at the address below:

http://www.climatechange.gov.au/reporting/calculator/index.html or
The Hyder Consulting model which purports to be based on the NGERS emissions estimation methodology: http://www.wme.com.au/insidewaste/downloads/Greenhouse_NG_V5.xls

Further information can be accessed via the Federal Government website on these issues at: http://www.greenhouse.gov.au/reporting/index.html
For more information please contact Melanie Bainbridge on 9213 2039 or mbainbridge@walga.asn.au