NGER wastewater (Industrial) calculator, and Uncertainty calculators and user guides. The NGER guidance material available on the Clean Energy Regulator’s website provides more detailed information to assist controlling corporations to understand and comply with obligations under the NGER legislation. How to register A controlling corporation that has determined it is required to register will need to: identify the correct controlling corporation (including confirming that this corporation does not have an Australian incorporated holding company) identify it affected group entities (that is, its subsidiaries that have operational control over a facility, or have subsidiaries that have operational control over a facility, that causes the controlling corporation to trigger a section 13 threshold) complete an print the completed registration application form and have it signed by an Executive Officer of the controlling corporation scan and email, or post, the signed registration application form to the Clean Energy Regulator before the due date of 31 August (following the financial year in which the threshold was first met, e.g. 31 August 2015 for a threshold met in 2014–15). What information is required to register? The following information is required to register: the name (as it appears on the Australian Business Register or ASIC Register), trading name, head office postal address, head office street address and identifying details (ABN, ACN, ARBN or trading name and street address) of the controlling corporation position, full name, postal address, contact phone numbers and email address of an Executive Officer of the controlling corporation position, full name, postal address, contact phone numbers and email address of a contact person for the controlling corporation. The name (as it appears on the Australian Business Register or ASIC Register), trading name and identifying details (ABN, ACN, ARBN or trading name and street address) of each affected group entity (subsidiary) that is a member of the controlling corporation’s group, and financial year in which a reporting threshold is met (‘triggered’) What happens next? Once the Clean Energy Regulator has received a completed, signed registration application form, the application will be verified and assessed to ensure that all the necessary information is provided.
Registration is complete when the Energy Regulator adds the controlling corporation’s name to the National Greenhouse and Energy Register. Part or all of the Register may be published at the Clean Energy Regulator’s discretion. Also, once the registration has been approved, the Executive Officer and contact person named in the application will be given access to the controlling corporation’s Emissions and Energy Reporting System (EERS) account. EERS is used to prepare and submit NGER reports to the Clean Energy Regulator. As the registration process may take some time, controlling corporations are encouraged to apply for registration ahead of the due date. Note: Controlling corporations are only required to register under the NGER Act for the first year in which a threshold is met (‘triggered’) under section 13 of the NGER Act. Once a controlling corporation is registered, it remains registered and must continue to report for subsequent financial years, until it is deregistered. How does a controlling corporation apply for deregistration? A controlling corporation may to be deregistered providing it meets certain conditions. Applicants should review the relevant parts of the NGER Act and NGER Regulations to ascertain what is required to deregister. Further information: . Record keeping Controlling corporations are required the NGER Act to keep all records, including those that inform decisions relating to the NGER Act, for five years. Penalties Corporations should be aware that the NGER Act provides the Clean Energy Regulator with a number of administrative, civil and criminal responses to contraventions of the Act. These include fines of up to $340,000 (2,000 penalty units) and daily fines of up to $17,000 (100 penalty units) for each day of In the first few years of reporting the focus of the Clean Energy Regulator was on education and working with corporations to help them meet their NGER obligations. Accordingly the Clean Energy Regulator did not pursue compliance action where corporations acted in good faith and made reasonable attempts to comply. As the legislation is no longer new and corporations have had several years to become familiar with their obligations, the Clean Energy Regulator’s approach has matured. While the focus is still on assisting corporations to understand their obligations through education and training programs, the Clean Energy Regulator will consider the full range of compliance responses available to it, including the imposition of penalties, particularly in cases where corporations have a history of non-compliance. The Clean Energy Regulator will ensure that its regulatory responses are proportionate to the risks posed by non-compliance.