CLEAN ENERGY ACT 2011 (Cth) V RENEWABLE ENERGY (ELECTRICITY) ACT 2000 (Cth)
A TALE OF TWO TAXES: CLEAN ENERGY ACT 2011 (Cth) v RENEWABLE ENERGY (ELECTRICITY) ACT 2000 (Cth) ALEXANDER ROBERT (‘LEX’) FULLARTON* 01 June 2018 * M Com (Curtin), PhD (UNSW), Adjunct Professor, Curtin Business School, Curtin University, Lex.Fullarton@ curtin.edu.au. Lex Fullarton is a former provincial tax practitioner and is also a solar farmer as well as an accredited agent and solar pv installation designer with the Australian Clean Energy Regulator. Abstract Firstly, this paper defines a tax to establish a definition of a carbon tax and then examines the Clean Energy Act 2011 (Cth) (CE Act), which is considered to be a carbon tax. Secondly, it examines the Australian Renewable Energy (Electricity) Act 2000 (Cth) (REE Act) to ascertain if it functions as a tax on greenhouse gas emissions and is therefore also a carbon tax. It examines both pieces of legislation to compare and contrast them to establish the view that the REE Act is not a quota based system to limit greenhouse gas emissions (a ‘cap and trade’ system) but rather it is a carbon tax system. To do that the paper investigates various definitions of tax. It compares those definitions with the legislative intent and functions of the REE Act to answer the question – is the REE Act a carbon tax system? It concludes that the provisions of the REE Act function as a form of carbon tax. It also concludes that tax revenue, sourced from an excise on fossil fuel generated electricity, is specifically directed by government to a particular purpose – the revenue is hypothecated to support the burgeoning renewable energy industry in Australia.
Direct Action: Paying Polluters to Halt Global Warming?
Chapter 3 The Clean Energy Package and the impact of its proposed repeal Policy background 3.1 On 27 September 2010, Prime Minister the Hon Julia Gillard announced that a Multi-Party Climate Change Committee (MPCC) would be established to explore options for implementing a carbon price and to build consensus on how Australia will tackle the challenge of climate change.1 3.2 The MPCC was chaired by the Prime Minister and was comprised of members of the Australian Labor Party, the Australian Greens and independent members of the House of Representatives, Mr Tony Windsor and Mr Rob Oakeshott. The committee was assisted by a panel of expert advisers including Ms Patricia Faulkner AO, Professor Ross Garnaut AO, Mr Rod Sims and Professor Will Steffen.2 3.3 On 10 July 2011, the MPCC released the Clean Energy Agreement (the Agreement) to reduce carbon pollution.3 In the Agreement the MPCC recognised that 'cuts in global pollution are necessary to reduce the risks posed by unmitigated climate change'.4 It noted that for Australia, 'these risks are large, threatening our economy, our natural heritage (including icons such as the World Heritage listed Great Barrier Reef), food security, and our way of life'.5 3.4 The Agreement recommended that a broad based carbon price be introduced into Australia commencing from 1 July 2012 with a fixed price before transitioning to 1 Department of Environment, Feature: Multi-Party Climate Change Committee, http://www.climatechange.gov.au/about-us/annual-reports/annual-report-2010-11/feature- multi-party-climate-change-committee (accessed 24 February 2014).
Australia's Clean Energy Act: a New Measure in the Global Carbon Market Bruno Zeller Dr
Loyola University Chicago International Law Review Volume 10 Article 4 Issue 2 Spring/Summer 2013 2013 Australia's Clean Energy Act: A New Measure in the Global Carbon Market Bruno Zeller Dr. Assoc. Prof. , Victoria University Michael Longo Dr. Assoc. Prof., Victoria Law School, Victoria University Follow this and additional works at: http://lawecommons.luc.edu/lucilr Part of the Environmental Law Commons, and the International Law Commons Recommended Citation Bruno Zeller Dr. & Michael Longo Dr. Australia's Clean Energy Act: A New Measure in the Global Carbon Market, 10 Loy. U. Chi. Int'l L. Rev. 179 (2013). Available at: http://lawecommons.luc.edu/lucilr/vol10/iss2/4 This Feature Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Loyola University Chicago International Law Review by an authorized administrator of LAW eCommons. For more information, please contact law-library@luc.edu. AUSTRALIA'S CLEAN ENERGY ACT: A NEW MEASURE IN THE GLOBAL CARBON MARKET Dr. Bruno Zeller & Dr. Michael Longo' I. Introduction. ......................................... 179 II. The Australian Legislation .............................. 180 III. Outline of the Act............. ............... ...... 187 IV. Liable Entities and Covered Emissions ..................... 89 V. Pollution Caps and Emission Units........................ 190 VI. Trading of Units ..................................... 192 VII. Jobs and Competitiveness Program .. ...................... 193 VIII. Conclusion. ......................................... 196 I. Introduction The compromise reached at Durban on December 11, 2011 ("Durban Compro- mise") on a climate action roadmap committed states to negotiating a legal agree- ment by 2015, which would prospectively come into force in 2020. It represents a limited success on the international stage.
GHG Mitigation in Australia: an Overview of the Current Policy Landscape
Working Paper GHG MITIGATION IN AUSTRALIA: AN OVERVIEW OF THE CURRENT POLICY LANDSCAPE OLIVIA KEMBER AND ERWIN JACKSON WITH MERRY CHANDRA EXECUTIVE SUMMARY CONTENTS This report outlines Australia’s policy framework for Executive Summary..............................................................1 greenhouse gas emissions reduction, identifies areas of potential change in the near term, and attempts to Key Metrics ..........................................................................3 evaluate the impact of current policies on Australia’s I: International Statements of Future GHG Mitigation ...........4 emissions trajectory to 2020. It assesses Australia’s II: Relevant Government Institutions and Legal Authorities ...7 international commitments, and the major policies of III: Overview of Major Policies .............................................8 federal and state institutions to reduce emissions. It also assesses the likely success of these policies in achieving IV: GHG Projections ...........................................................19 Australia’s emissions reduction goals. V: Looking Ahead ...............................................................22 Abbreviations and Acronyms ..............................................24 Australia has bipartisan political support for its interna- References ..........................................................................24 tional commitment to reduce emissions by 5–25 percent from 2000 levels by 2020 (see Box 1), but very little Endnotes ...........................................................................28
AUSTRALIA: AN EMISSIONS TRADING CASE STUDY Australia The World’s Carbon Markets: A Case Study Guide to the new Australian Emissions Reduction Fund Last Updated: May 2015 Note: At the time of writing, Australia’s Emission Reduction Fund is still under development. Brief History & Recent Developments Year Event 1994 Australia ratifies UNFCCC 2007 Australia ratifies Kyoto Protocol 2008 Australian Government proposes CPRS 2010 CRPS delayed until 2013 New Government PM Introduces Clean Energy 2011 Future Package Clean Energy Act, Climate Change Authority Act & 2011 The Clean Energy regulator Act enter into force Carbon Pricing Mechanism established under the 2012 Clean Energy Act Australian Prime Minister Anncounces reapeal of 2013 the Clean Energy Act 2011 and the introduction of the Direct Action Plan 2014 Clean Energy Act repealed in the Senate Table 1: Key Dates In 2013-14, Australia’s total greenhouse gas (GHG) emissions were 548 million tonnes of carbon dioxide equivalent 1 (tCO2e). In that period, the largest sources of GHG emissions were electricity generation (33% of total emissions), transport (17%) and direct combustion of fuels (17%).2 Despite their position as a major industrialised country with one of the highest levels of GHG emissions in the world, Australia was one of the last Annex I countries to ratify the Kyoto Protocol3 (December 2007) to the United Nations Framework Convention on Climate Change (UNFCCC).4 In light of its commitments under the UNFCCC, the Copenhagen Accord and the Cancun Agreements, Australia has set a
GHG Mitigation in Australia: an Overview of the Current Policy Landscape
Working Paper GHG MITIGATION IN AUSTRALIA: AN OVERVIEW OF THE CURRENT POLICY LANDSCAPE OLIVIA KEMBER AND ERWIN JACKSON WITH MERRY CHANDRA EXECUTIVE SUMMARY CONTENTS This report outlines Australia’s policy framework for Executive Summary..............................................................1 greenhouse gas emissions reduction, identifies areas of potential change in the near term, and attempts to Key Metrics ..........................................................................3 evaluate the impact of current policies on Australia’s I: International Statements of Future GHG Mitigation ...........4 emissions trajectory to 2020. It assesses Australia’s II: Relevant Government Institutions and Legal Authorities ...7 international commitments, and the major policies of III: Overview of Major Policies .............................................8 federal and state institutions to reduce emissions. It also assesses the likely success of these policies in achieving IV: GHG Projections ...........................................................19 Australia’s emissions reduction goals. V: Looking Ahead ...............................................................22 Abbreviations and Acronyms ..............................................24 Australia has bipartisan political support for its interna- References ..........................................................................24 tional commitment to reduce emissions by 5–25 percent from 2000 levels by 2020 (see Box 1), but very little Endnotes ...........................................................................28
Congressional Dysfunction, Executive Action, and Climate Change in Comparative Perspective
Chicago-Kent Law Review Volume 91 Issue 1 Congressional Dysfunction and Executive Lawmaking During the Obama Article 7 Administration 1-29-2016 The Grass is Not Always Greener: Congressional Dysfunction, Executive Action, and Climate Change in Comparative Perspective Hari M. Osofsky University of Minnesota Law School Jacqueline Peel University of Melbourne, School of Law Follow this and additional works at: https://scholarship.kentlaw.iit.edu/cklawreview Part of the Comparative and Foreign Law Commons, Environmental Law Commons, and the President/Executive Department Commons Recommended Citation Hari M. Osofsky & Jacqueline Peel, The Grass is Not Always Greener: Congressional Dysfunction, Executive Action, and Climate Change in Comparative Perspective, 91 Chi.-Kent L. Rev. 139 (2016). Available at: https://scholarship.kentlaw.iit.edu/cklawreview/vol91/iss1/7 This Article is brought to you for free and open access by Scholarly Commons @ IIT Chicago-Kent College of Law. It has been accepted for inclusion in Chicago-Kent Law Review by an authorized editor of Scholarly Commons @ IIT Chicago-Kent College of Law. For more information, please contact jwenger@kentlaw.iit.edu, ebarney@kentlaw.iit.edu. 37288-ckt_91-1 Sheet No. 77 Side A 12/28/2015 14:43:02 6OSOFSKY PEEL FINAL (DO NOT DELETE) 12/10/2015 11:09 AM THE GRASS IS NOT ALWAYS GREENER: CONGRESSIONAL DYSFUNCTION, EXECUTIVE ACTION, AND CLIMATE CHANGE IN COMPARATIVE PERSPECTIVE HARI M. OSOFSKY* AND JACQUELINE PEEL** 1 * Professor, University of Minnesota Law School; Faculty Director, Energy Transition Lab; Director, Joint Degree Program in Law, Science & Technology; Faculty Member, Conservation Biology Graduate Program; Adjunct Professor, Department of Geography, Environment and Society; and Fellow, Institute on the Environment.
AUSTRALIA: a DIRECT ACTION CASE STUDY Last Updated: September 2016
AUSTRALIA: A DIRECT ACTION CASE STUDY Last Updated: September 2016 Australia The World’s Carbon Markets: A Case Study Guide for Practitioners its national climate pledges under the Copenhagen Accord as well as to encourage low-carbon investment and innovation. The Package was based on three legislative pillars: • The Clean Energy Act 2011 which introduced and oversaw the Carbon Pricing Mechanism (CPM), • The Clean Energy Regulator Act 2011 which set up a new body administrating the now-repealed CPM, renewable energy policies, the national GHG and energy reporting and renewable energy policies, the Carbon Farming Initiative (which passed in July 2011) and, more recently the Emission Reduction Fund, and, • The Climate Change Authority Act 2011 establishing the Climate Australia is the 16th largest emitter Background Change Authority to monitor the globally (2014) , with emissions per Package and to provide periodic capita in the order of 17.3 tonnes per recommendations to Parliament. person (2015) . As a signatory to the The CPM came into force on 1 July Kyoto Protocol, Australia has a 2020 2012 but was repealed two years later, emissions reduction target of five per on 17 July 2014, following a change in cent below 2000 levels. This target government. The CPM initially began has been built upon in Australia’s NDC with a fixed carbon price of AUD$23 which outlines an emissions reduction per tonne at which permits could be target of 26-28 per cent below 2005 bought from the government, and was levels by 2030. designed to transition to a floating price In July 2008, Australia’s government ETS after three years.
Parliamentary Debates (HANSARD) THIRTY-NINTH PARLIAMENT FIRST SESSION 2013 LEGISLATIVE COUNCIL Thursday, 12 December 2013 Legislative Council Thursday, 12 December 2013 THE PRESIDENT (Hon Barry House) took the chair at 10.00 am, and read prayers. WESTMINSTER PRIMARY SCHOOL — ART SPECIALIST TEACHER Petition HON SUE ELLERY (South Metropolitan — Leader of the Opposition) [10.02 am]: I present a petition containing one signature that is couched in the following terms — To the President and Members of the Legislative Council of the Parliament of Western Australia in Parliament assembled. We the undersigned parents and citizens of Westminster Junior Primary and Primary School support quality public education which offers opportunities for the children of our schools to develop a variety of educational and life skills. The Art Specialist Teacher at Westminster Primary School is integral to the ongoing success of the Art program at the school and is at threat of having to leave because she is not a permanent employee of the education department. This would be a loss to the school and to the Education Department and your petitioners therefore respectfully request the Legislative Council to recommend to the Minister for Education that Ms Cutler, the Art teacher at Westminster Primary School be retained, And your petitioners as in duty bound, will ever pray. [See paper 1146.] SECTION 57 REVIEW OF THE OPERATIONS OF THE CORONERS ACT 1996 AND STRATEGIC REVIEW OF THE OFFICE OF THE STATE CORONER Statement by Attorney General HON MICHAEL MISCHIN (North Metropolitan — Attorney General) [10.03 am]: This ministerial statement introduces to state Parliament two reports undertaken by AOT Consulting Pty Ltd—namely, the section 57 review of the operations of the Coroners Act 1996 and the strategic review of the Office of the State Coroner.
Climate Change Authority's 2020 Review of the Emissions Reduction
Climate Council of Australia Submission to: Climate Change Authority’s 2020 Review of the Emissions Reduction Fund Addressed to: Climate Change Authority submission@climatechangeauthority.gov.au Submission from: Climate Council of Australia Pty Ltd 8 Short Street, Surry Hills, NSW 2010 Tel: 02 9356 8528 Email: info@climatecouncil.org.au 2 June 2020 About the Climate Council The Climate Council is an independent non-profit organisation funded by donations by the public. Our mission is to provide authoritative, expert advice to the Australian public on climate change. To find out more about the Climate Council’s work, visit www.climatecouncil.org.au. 1. Recommendations Recommendation 1. All changes made to the offsets integrity standards by the CFI Amendment Act 2014 should be reverted. Recommendation 2. To ensure integrity, the Emissions Reduction Assurance Committee’s scope should be limited to matters concerning the offsets integrity standards or matters directly incidental to ensuring those standards are met. Review or consultation for other purposes should be conducted by the Department. These functions should never be merged. Recommendation 3. Statements of activity intent should be required for all ERF methodologies. Recommendation 4. The ERF should contain a mechanism for managing climate risk to projects that accurately reflects the increasing risk to projects over the next century. Recommendation 5. Section 91 of the CFI Act should be reformed to lower the threshold for intervention by the Regulator after a reversal. Recommendation 6. The Federal Government must offer clarity on the future of the Emissions Reduction Fund, as well as timelines for the delivery of the $2 billion promised in the leadup to the 2019 Federal election.
The Australian Carbon Pricing Mechanism: Promise and Pitfalls on the Pathway to a Clean Energy Future
Minnesota Journal of Law, Science & Technology Volume 15 Issue 1 Article 20 2014 The Australian Carbon Pricing Mechanism: Promise and Pitfalls on the Pathway to a Clean Energy Future Jacqueline Peel Follow this and additional works at: https://scholarship.law.umn.edu/mjlst Recommended Citation Jacqueline Peel, The Australian Carbon Pricing Mechanism: Promise and Pitfalls on the Pathway to a Clean Energy Future, 15 MINN. J.L. SCI. & TECH. 429 (2014). Available at: https://scholarship.law.umn.edu/mjlst/vol15/iss1/20 The Minnesota Journal of Law, Science & Technology is published by the University of Minnesota Libraries Publishing. The Australian Carbon Pricing Mechanism: Promise and Pitfalls on the Pathway to a Clean Energy Future Jacqueline Peel* I. Introduction .................................................................... 429 II. The Australian Carbon Pricing Mechanism .................. 432 A. A Hybrid Scheme ..................................................... 436 B. Scheme Design Elements ........................................ 439 1. Coverage of the Carbon Pricing Mechanism ..... 440 2. Offsets for Compliance Flexibility ..................... 442 3. Institutional Infrastructure ............................... 444 C. Promising Developments ......................................... 447 III. Lessons From the Australian Carbon Pricing Experience ...................................................................... 451 A. The Price Must Be Right ......................................... 452 B. Polluter Pays, Not Pay the Polluters