Australia: Safeguard Mechanism Amendments - getting "The Greens" light

In brief

Under current Australian arrangements, the "Safeguard Mechanism" requires Australian facilities that produce over 100,000 tonnes of carbon annually (or an equivalent amount of greenhouse gases), known as "Safeguard Facilities", to keep their net emissions below a baseline (or ceiling), which has been determined on a facility specific basis.

To meet its international commitments to achieving net zero emissions by 2050, the Australian government has proposed changes to the operation of the Safeguard Mechanism with the effect of reducing carbon emissions over time. Those proposed changes have now been extended to secure the political support required to enable the passage of these legislative reforms through federal parliament.


Key takeaways

In November 2022, the Australian government introduced a bill to parliament to amend the existing safeguard arrangements1 to:

  • require Safeguard Facilities to gradually decline their baseline settings, to require a cut of carbon emissions by an average of 4.9% each year to 2030;
  • enable the creation of "Safeguard Mechanism Credits" (SMCs) - being a new type of carbon credit to incentivise Safeguard Facilities to reduce emissions beyond the reduced baseline which can be held or traded between Safeguard Facilities;
  • prevent Safeguard Facilities generating Australian Carbon Credit Units (ACCUs) where SMCs are generated, to avoid double counting of emission reductions; and
  • enable Safeguard Facilities to purchase ACCUs from the Commonwealth government at a capped price of AUD 75 per tonne for 2023 - 2024.

To secure the support of The Australian Greens party,2 which the Labor government is relying on for the passage of these legislative reforms to proceed through the federal Senate, the government has agreed to the following further amendments (among others):

  • expressly legislating the government's "policy intent" (and variously referred to as a "hard cap") to cut carbon equivalent emissions from existing Safeguard Facilities and new entrants from 140 million tonnes to 100 million tonnes by 2030 (as measured on a rolling average);
  • the Climate Change Minister will be required to assess a new or expanded project's impact on the hard cap and net carbon budgets - having regard to approvals given under the Environment Protection and Biodiversity Conservation Act 1999 (Cth), advice from the Climate Change Authority and the Clean Energy Regulator;
  • new gas fields supplying existing liquefied natural gas facilities will be treated as new facilities so that they are given international best practice baselines for the CO2 in their new fields (noting that best practice is "zero" given the existence of low-CO2 fields and carbon capture and storage opportunities);
  • all new gas entrants in the Beetaloo basin (in the Northern Territory) will be required to have net zero Scope 1 emissions from entry;
  • while no limits will be placed on ACCU use to ensure flexibility for industry, where Safeguard Facilities are using over 30% offsets to meet requirements, the operators of those facilities will need to explain this choice to the Clean Energy Regulator;
  • methane and nitrous oxide emissions are to be publicly reported, with the Climate Change Authority tasked with updating the measurement, verification, implementation of any improvements by 1 July 2024;
  • targeted funding of at least AUD 1 billion for the manufacturing sector and trade-exposed industries, with a view to providing inputs to clean energy industries and focusing on decarbonisation;
  • specific treatment for hard-to-abate, value added manufacturing (meaning that their year-on-year carbon emission reductions are likely to be less than the 4.9% required of other industries); and
  • establishing a review into potentially creating an Australian carbon border adjustment mechanism to halt "carbon leakage" from overseas competitors operating without carbon cost impacts.

Next steps

While the amended legislative regime (which reflects the changes described above) has not yet been put to or passed the federal Senate vote, the federal government has advised that it will now finalise the detailed "Safeguard Rules" by April 2023 with a view to the updated Safeguard Mechanism scheme being operational as of 1 July 2023.

We will continue to provide updates on these ongoing developments.

1 As provided for in the National Greenhouse and Energy Reporting Act 2007 (Cth).
2 Which has been critical of the proposed changes and alleged that they did not go far enough to meaningfully address climate change issues.


Contact Information

Copyright © 2024 Baker & McKenzie. All rights reserved. Ownership: This documentation and content (Content) is a proprietary resource owned exclusively by Baker McKenzie (meaning Baker & McKenzie International and its member firms). The Content is protected under international copyright conventions. Use of this Content does not of itself create a contractual relationship, nor any attorney/client relationship, between Baker McKenzie and any person. Non-reliance and exclusion: All Content is for informational purposes only and may not reflect the most current legal and regulatory developments. All summaries of the laws, regulations and practice are subject to change. The Content is not offered as legal or professional advice for any specific matter. It is not intended to be a substitute for reference to (and compliance with) the detailed provisions of applicable laws, rules, regulations or forms. Legal advice should always be sought before taking any action or refraining from taking any action based on any Content. Baker McKenzie and the editors and the contributing authors do not guarantee the accuracy of the Content and expressly disclaim any and all liability to any person in respect of the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or any part of the Content. The Content may contain links to external websites and external websites may link to the Content. Baker McKenzie is not responsible for the content or operation of any such external sites and disclaims all liability, howsoever occurring, in respect of the content or operation of any such external websites. Attorney Advertising: This Content may qualify as “Attorney Advertising” requiring notice in some jurisdictions. To the extent that this Content may qualify as Attorney Advertising, PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. Reproduction: Reproduction of reasonable portions of the Content is permitted provided that (i) such reproductions are made available free of charge and for non-commercial purposes, (ii) such reproductions are properly attributed to Baker McKenzie, (iii) the portion of the Content being reproduced is not altered or made available in a manner that modifies the Content or presents the Content being reproduced in a false light and (iv) notice is made to the disclaimers included on the Content. The permission to re-copy does not allow for incorporation of any substantial portion of the Content in any work or publication, whether in hard copy, electronic or any other form or for commercial purposes.