FORM Application to vary scheme participant(s) and/or ...€¦ · V2.0 23/06/2015 Application to...

V2.0 23/06/2015 Application to vary scheme participant(s) and/or appointed nominee for a registered project 1 of 14

Application to vary scheme participant(s) and/or appointed nominee for a registered project under the Carbon Credits (Carbon Farming Initiative) Act 2011

Purpose of this form

This form is to be used to apply to the Clean Energy Regulator, under section 30 of the Carbon Credits (Carbon Farming Initiative) Act 2011 (the CFI Act), for the registration of a registered project to be varied so far as it identifies the scheme participant (the ‘participant’) and/or appointed nominee and/or multiple participants of the project.

This form is used to give the Clean Energy Regulator information about the project, the current person responsible for carrying out the project (the ‘current participant’) or, in case there is more than one current participant of the project, about the nominee of the current multiple participants for the project, and the proposed person(s) responsible for carrying out the project (the ‘proposed participant(s)’), to enable the Clean Energy Regulator to decide whether or not to vary the section 27 registration of the project under the CFI Act so far as it identifies its participant(s).

This form can also be used to apply to the Clean Energy Regulator to vary the project’s registration to record a change in the composition of current multiple participants of the project. In that case, the new set of multiple participants of the project will be the proposed multiple participants of the project.

If the project will have multiple proposed participants, the nominee of the proposed multiple participants for the project is also appointed or varied through this form for the purposes of section 136(2) of the CFI Act.

This form must be completed by the current participant of the project or, in case the project has more than one current participant, their nominee for the project, and the proposed participant(s) of the project.

Instructions for completing this form

Please read each part of the application carefully, fully answer all the questions, sign where indicated, and attach the required documentation.

You must complete and submit:

Part A: Project details

Part B: Details of current participant or nominee of current multiple participants

Part C: Proposed participant(s) details

Part D: Declaration

Application checklist

FORM

CER-ERF-VSP001

V2.0 23/06/2015

CER-ERF-VSP001


To learn more about the steps involved in participating in the Emissions Reduction Fund, including your obligations under this initiative, please visit the Clean Energy Regulator website1.

You can choose to complete this form by:

printing the form and filling it in by hand, or

saving the form and filling in an electronic copy.

Note that if you choose the second option, there may be times when you will need to print certain sections in order to sign them or in order to complete multiple entries for a single set of questions. These sections may be scanned back into the computer and submitted electronically with the rest of the form.

Pen colours Please use a black or blue pen to write on the form.

Check boxes Mark boxes like this with a ✔ or ✘. When an instruction asks you to ‘tick’ the box, you can

still use either ✔ or ✘.

Go to Where you see an instruction like this - Go to question 5 - mark the relevant box with a ✔

or ✘and then skip to the question number shown. You do not need to answer the question(s) in between.

Where an instruction has a black double arrow (), go to the next indicated part/section. Where an instruction has a black single arrow (), go to the next question. Where an instruction has a black single arrow pointing down (), fill in the field(s) directly below.

Mandatory questions

If all fields in a question are mandatory and must be completed, (required) is added to the end of the question label text. If a field in a question is mandatory only IF a condition is met, (required if any) is added to the end of the question label text.

This symbol indicates an instruction on what to do next.

This symbol indicates additional useful guidance to filling in the adjacent field or section.

This symbol advises that more than one entry may be required for the section and therefore you may need to photocopy or print the section or fill in a duplicate section.

This symbol advises that additional documentation to support a claim may need to be attached to the application.

Duplex printing This form is designed to be duplex printed to save on paper. All new sections start on the right-hand side of a page spread.

Help filling in this form

Guidance for filling in this form is available on the Clean Energy Regulator website.

1 http://www.cleanenergyregulator.gov.au/

http://www.cleanenergyregulator.gov.au/



CER-ERF-VSP001


If you require assistance or have any questions regarding this application process, please contact the Clean Energy Regulator general enquiries line on 1300 553 542 or email [email protected].

Submitting this form

A signed copy of this form should be kept for your records.

By post

Post your completed application with any accompanying documentation to:

Emissions Reduction Fund Clean Energy Regulator GPO Box 621 Canberra ACT 2601

By email

Alternatively, email your scanned, completed application to the Clean Energy Regulator at [email protected].

If the email and its attachments (the application and supporting documents) are larger than 10MB, they must be sent using multiple emails that are clearly marked (i.e. by including an identifier in the subject line, e.g. '1 of 3', '2 of 3', '3 of 3'). The signed application form must be saved as a single scanned file and not split into parts. Files may be zipped to reduce their size.

If submission occurs by email, the participant is not required to send the original hardcopy of the application by post.

mailto:[email protected]


CER-ERF-VSP001


Office use:

Part A: Project details

To apply for variation in relation to the project, you must supply the project details.

1. Project details (required)

Project identification number

Project name

2. Type of variation to the project participant (required)

Tick box(s) below to state your variation

Changing a participant or changing a set of multiple participants

Appointing a new nominee of the multiple participants

CER-ERF-VSP001


Part B: Details of current participant or nominee of current multiple participants

Complete this part to identify the current participant of the project or the current nominee of the multiple participants for the project making this application (if they are making this application on their own behalf) or the current participant/nominee on whose behalf this application is made.

1. Applicant’s name and contact details (required)

Each person signing the declaration in section 1 of Part D (if they are signing it on their own behalf) or each person on whose behalf that declaration is signed is an applicant for this application.

Provide the details of the applicant

Client name

Date of birth (individual only) Y Y Y Y M M D D

Organisation identifier ABN ACN ARBN ICN

2. Please select your relationship to the project specified in this application (required)

Tick the appropriate response

Participant of the project

Nominee of the multiple participants of the project

CER-ERF-VSP001


Part C: Proposed participant(s) details

This part of the form is to be completed by the proposed participant and/or proposed set of multiple participants.

1. Have you (the proposed participant/multiple participant named in this question) provided your details to the Clean Energy Regulator before? (required)

If there is more than one proposed participant of the project, print or photocopy this question, complete it for each additional proposed participant of the project, and attach the copies to this application.

Tick the appropriate response

No Please submit the ‘Client information form’ available from Clean Energy Regulator website,

along with this application.

Yes

Select your identifier type and provide the Clean Energy Regulator issued identifier below.

If you have submitted a ‘Client information form’ and have not yet been assigned a client identifier by the Clean Energy Regulator, please supply your application reference number.

If your details have changed since your last engagement with Clean Energy Regulator, please email [email protected] with your new details.

Client ID Recognised Offsets

Entity number ANREU account

number Application reference

number

Identifier

Provide participant details (required)

Client name

Date of birth (individual only) Y Y Y Y M M D D

Organisation identifier ABN ACN ARBN ICN

Are you one of a number of multiple participants of the project relating to this application?

No Go to question 2.

Yes

Are you being appointed as the nominee of the multiple participants of the project relating to this application?

Multiple project participants of a project must appoint one of themselves as a nominee.

If this option is selected, the participant named in this question will be appointed as the nominee and primary contact of the multiple participants for the project relating to this application, and will be authorised to act on behalf of all the multiple participants of the project in relation to the Clean Energy Regulator.

All of the multiple participants will need to provide their written consent to appointment of the nominee by signing section 3 of Part D.

No

Yes


CER-ERF-VSP001


2. Do you (the proposed participant/multiple participants named in this part) have the legal right to carry out the project and, in case of proposed multiple participants, do you jointly hold that legal right? (required)

Having the legal right to carry out the project may involve legal ownership of the project site or the contractual rights to carry out the project and to be credited with Australia carbon credit units for the project. You should consider seeking professional legal advice relevant for your circumstances before signing this form to ensure you have the legal right to carry out the project as required by the CFI Act.

Tick the appropriate response.

Describe your legal right to undertake the project, including contractual relationships with other parties and whether you have obtained the consent of eligible interest holders in case the project is a sequestration project, and, where relevant, attach extracts of contracts and consents to this application.

No If you have not established your legal right to carry out the project to the satisfaction of the

Clean Energy Regulator, the registration of the project cannot be varied to identify you as the participant(s) of the project.

Yes

CER-ERF-VSP001


Part D: Declaration

Section 1 of this part must be signed by the current participant/nominee making this application or, on their behalf, by a person duly authorised to bind them.

Section 2 of this part must be signed by the proposed participant or, if there is more than one proposed participant, by the nominee of the proposed multiple participants or, on behalf of that participant/nominee, by a person duly authorised to bind that participant/nominee.

If there is more than one participant, section 3 of this part must be signed by each multiple participant or, on their behalf, by a person authorised to bind that multiple participant.

Under the Criminal Code it is an offence for a person to give information or documentation to a Commonwealth entity if the person providing the information or documentation knows that the information or documentation is false or misleading.

1. Declaration of current participant/nominee of current multiple participants (required)

Complete and sign the declaration

By signing below, the signatory declares that they have legal capacity and authority to bind the current participant/nominee of current multiple participants on whose behalf the signatory has signed this declaration, in respect of matters contained in this application, and declares and acknowledges, for and on behalf of that participant/nominee, that:

all information provided in, or in relation to, this application (including attachments and any other supporting information) is, having made all reasonable enquiries, complete, true and correct and not misleading by inclusion or omission;

the provision of false or misleading information is a serious offence and carries penalties under the Criminal Code and may have consequences under the Carbon Credits (Carbon Farming Initiative) Act 2011 and other laws; and

the personal information provided in this application may also be copied, recorded, used or disclosed by the Clean Energy Regulator for its administrative purposes, for example, to pre-populate other Clean Energy Regulator forms which the applicant wishes to fill out online in the future, and for improving the Clean Energy Regulator’s service delivery to the applicant.

Signed by or for and on behalf of:

Name of current participant/nominee

of current multiple participants

By:

Signatory Name

Signature

Position

Phone number ( )

Email address

Signature date Y Y Y Y M M D D

CER-ERF-VSP001


2. Declaration of proposed participant/nominee of the proposed multiple participants (required)

Complete and sign the declaration

By signing below, the signatory declares that they have legal capacity and authority to bind the proposed participant/nominee of multiple participants on whose behalf the signatory has signed this declaration, in respect of matters contained in this application, and declares and acknowledges, for and on behalf of that participant/nominee, that:

all information provided in, or in relation to, this application (including attachments and any other supporting information) is, having made all reasonable enquiries, complete, true and correct and not misleading by inclusion or omission;

the provision of false or misleading information is a serious offence and carries penalties under the Criminal Code and may have consequences under the Carbon Credits (Carbon Farming Initiative) Act 2011 and other laws;

the proposed participant(s) understand(s) and accept(s) the responsibilities of operating a registered Emissions Reduction Fund project under the CFI Act (participants are strongly encouraged to read the CFI legislation and other guidance materials available on the Clean Energy Regulator website2;

the proposed participant(s) has/have the power and authority to perform the project relating to this applicant;

the proposed participant(s) authorise(s) the Clean Energy Regulator to copy, record, use or disclose any of the information provided in relation to this application for the purpose of assessing and making a decision on the application, auditing compliance, enforcement of laws, regulations and legislative rule, the performance of the Clean Energy Regulator’s statutory functions and for related purposes subject to the requirements of relevant laws, in particular the Privacy Act 1988 and Part 3 of the Clean Energy Regulator Act 2011;

the personal information provided in this application may also be copied, recorded, used or disclosed by the Clean Energy Regulator for its administrative purposes, for example, to pre-populate other Clean Energy Regulator forms which the proposed participant(s) wishes to fill out online in the future, and for improving the Clean Energy Regulator’s service delivery to the proposed participant(s);

the proposed participant(s) is/are responsible for carrying out the project relating to this application, and has/have the legal right to undertake that project;

the proposed participant(s) consent(s) to the Clean Energy Regulator sharing any information in relation to them or their projects with any Commonwealth, State or Territory government agencies for the purpose of assisting those agencies in the performance of their functions or powers relating to environmental protection and/or health and safety;

the proposed participant(s) authorise(s) the Clean Energy Regulator to seek advice from the relevant authority(ies) on any regulatory approvals pertaining to the project or any element of it; and

the proposed participant(s) authorise(s) the Clean Energy Regulator to seek personal and other information about their participation in other offsets scheme(s) from the administrator of the other offsets scheme(s), or if the scheme(s) are no longer in operation, from the Commonwealth, State or Territory agency with oversight of the scheme(s).




CER-ERF-VSP001


Signed by or for and on behalf of:

Name of proposed participant/nominee

of proposed participants

By:

Signatory Name

Signature

Position

Phone number ( )

Email address


CER-ERF-VSP001


If there is more than one proposed participant, all multiple partipants, including the nominee, must sign below

3. Nomination of nominee of proposed multiple participants. (required)

Complete and sign the declaration below.

By signing section 3 of this part of the form, each multiple participant hereby agrees to the nomination of the proposed multiple participant specified in this form as their nominee for the project relating to this application.

Signed by or for and on behalf of the nominee:

Name of nominee of proposed

multiple participants

By:

Signatory Name

Signature

Position

Phone number ( )

Email address


Signed for and on behalf of multiple participants:

If there is more than one participant of the project, print or photocopy this signature block, complete it for each additional participant of the project, and attach the copies to this application.

Name of multiple participant

By:

Signatory Name

Signature

Position

Phone number ( )

Email address


CER-ERF-VSP001


Application checklist

Have you completed the following? Tick the box when you've completed the task beside it.

Tick Task Number attached

Completed all required fields. N/A

Attached all necessary documents and supporting evidence, where applicable.

Completed and signed the declaration(s). N/A

Where a signatory is signing on behalf of a participant, attached evidence of the authority of the signatory to sign the declaration on behalf of the participant.

CER-ERF-VSP001


Additional information

About the Emissions Reduction Fund

The Emissions Reduction Fund is a voluntary carbon offsets scheme that provides new economic opportunities for a wide range of participants who take steps to reduce carbon pollution or increase carbon storage on the land. Emissions Reduction Fund eligible offsets projects generate Australian carbon credit units that can be sold to other individuals and businesses wanting to offset their own greenhouse gas emissions.

Seeking legal advice

The Clean Energy Regulator provides guidance for general information purposes only. The information in this form and supplied by the Clean Energy Regulator should not be interpreted as independent professional advice. You should not rely solely on this information and should get professional legal advice relevant to your individual circumstances.

Protection of information

The Clean Energy Regulator is bound by the secrecy provisions of Part 3 of the Clean Energy Regulator Act 2011 (Clean Energy Act) for the information it collects in relation to this application and also by the Privacy Act 1988 in regard to personal information it collects.

Privacy statement

'Personal information' is defined in the Privacy Act 1988 to mean information or an opinion about an identified individual, or an individual who is reasonably identifiable:

(a) whether the information or opinion is true or not; and

(b) whether the information or opinion is recorded in a material form or not.

The collection of personal information relating to this application is authorised by the Australian National Registry of Emissions Units Act 2011, the Australian National Registry of Emissions Units Regulations 2011, the Carbon Credits (Carbon Farming Initiative) Act 2011, the Carbon Credits (Carbon Farming Initiative) Regulations 2011 and any legislative rules made under the Carbon Credits (Carbon Farming Initiative) Act 2011.

Personal information collected in relation to this application will be used for the purposes of assessing the application, auditing compliance, enforcement of relevant laws, regulations and legislative rule, the performance of our statutory functions and for related purposes. We will also use the personal information which you provide for our administrative purposes, for example, to pre-populate other Clean Energy Regulator forms which you wish to fill out online in the future, and for improving our service delivery to you.

The Clean Energy Regulator’s Privacy Policy contains information about the agency’s procedures for handling personal information including how a person can access their personal information held by the agency, and how to seek correction of such information. The Privacy Policy also contains information about how to complain about

CER-ERF-VSP001


a breach of the Australian Privacy Principles. The Clean Energy Regulator’s Privacy Policy can be found on the Clean Energy Regulator website3.

Disclosure of information

The Clean Energy Regulator is only able to disclose information relating to this application (including personal information) in accordance with the CER Act, the Privacy Act 1988 or as otherwise required by law.

The circumstances in which such information may be disclosed include:

Disclosure to other agencies, persons or organisations to enable the verification of information contained in the application;

Disclosure to the Secretary or authorised officer of a Department for the purpose of administering a program or collecting statistics relating to greenhouse gas emissions, energy consumption or energy production;

Disclosure to certain agencies, bodies or persons where the Regulator is satisfied that disclosure will enable or assist those agencies, bodies or persons to perform or exercise their functions or powers, including the Australian Securities and Investments Commission, the Australian Competition and Consumer Commission and the Commissioner of Taxation;

Disclosure for the purposes of law enforcement; and

Disclosure for the purposes of a climate change law or for the purposes of the performance of our functions under a climate change law.

Accessibility disclaimer

Whilst the Clean Energy Regulator has worked to ensure this document is accessible, please contact us to obtain an alternative version if you are having difficulty, or you have specific accessibility needs.

Please call 1300 553 542 or email the name of the form and your needs to [email protected].





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