Energy Law and the Environment Part 10 potx

220 APPENDIX B
10. Parties shall take full advantage of the work and expertise of competent
international or other bodies and shall take care to avoid duplication.
Article 5
Division of responsibility and coordination
Each Party shall strive to ensure that energy efficiency and renewable energy
policies are coordinated among all of its responsible authorities.
Article 6
Commitments of developed country parties
1. The developed country Parties shall consist of those Parties included in
Annex 1 of the Convention that are Parties to this Protocol.
2. The developed country parties shall, individually or jointly, ensure that their
energy intensity be reduced according to the reduction commitments inscribed
in Annex A to this Protocol and in accordance with the provisions of this Article,
with a view to reducing their energy intensity by at least percent below 2005
levels in the commitment period ending on 31 December 2013.
3. Each developed country Party shall, by 31 December 2009, have made demon-
strable progress in achieving its commitments under this Protocol.
4. Prior to the first session of the Conference of the Parties serving as the meeting
of the Parties to this Protocol, each developed country Party shall provide for
consideration by the Subsidiary Body for Scientific and Technical Advice data to
establish its energy intensity in 2005 and to enable an estimate to be made of its
changes in energy intensity in subsequent years.
5. In the first quantified energy intensity reduction commitment period, ending
on 31 December 2013, the assigned amount for each developed country Party
shall be equal to the percentage inscribed for it in Annex A to this Protocol of its
energy intensity in 2005.
6. Commitments for subsequent periods for developed country Parties shall be
established in amendments to Annex A to this Protocol, which shall be adopted in
accordancewiththeprovisionsofArticle 19. TheConferenceofthePartiesserving
as the meeting of the Parties to this Protocol shall initiate the consideration of

such commitments at least 4 years before the end of the first commitment period
referred to in paragraph 2 above.
7. If the energy intensity of a developed country Party during a commitment
period is less than its assigned amount under this Article, this difference shall,
on request of that Party, be added to the assigned amount for that Party for
subsequent commitment periods.
APPENDIX B 221
Article 7
Joint implementation
1. Any developed country Parties that have agreed to jointly fulfil their commit-
ments under Article 6 shall be deemed to have met those commitments pro-
vided that their combined aggregate energy intensity does not exceed their
assigned amounts calculated pursuant to their quantified reduction commit-
ments inscribed in Annex A to this Protocol and in accordance with the provisions
of Article 6. The respective energy intensity allocated to each of the Parties to the
agreement shall be set out in the agreement.
2. The Parties to any such agreement shall notify the secretariat of the terms of
theagreement on the date of deposit of their instruments of ratification, accep-
tance, approval or accession. The secretariat shall in turn inform the Parties and
signatories to the Protocol of the terms of the agreement.
3. The agreement shall remain in operation for the duration of the commitment
period specified in Article 6, paragraph 2.
4. If Parties acting jointly do so in the framework of, and together with, a regional
economic integration organization, any alteration in the composition of the orga-
nization after adoption of this Protocol shall not affect existing commitments
under this Protocol. Any alteration in the composition of the organization shall
onlyapplyforthepurposes ofthosecommitmentsunderArticle6thatareadopted
subsequent to that revision.
5. In the event of failure by the Parties to such an agreement to achieve their total
combined level of energy intensity reductions, each Party to such an agreement

shall be responsible for its own energy intensity set out in the agreement.
6. If Parties acting jointly do so in the framework of, and together with, a regional
economic integration organization which is itself a Party to this Protocol, each
member State of that regional economic integration organization individually,
and together with the regional economic integration organization acting in accor-
dance with Article 6, shall, in the event of failure to achieve the total combined
energy intensity reductions, be responsible for its own energy intensity as notified
in accordance with this Article.
Article 8
Estimation of energy intensity
Each developed country Party shall have in place, no later than one year prior
to thestart of the first commitment period, a national system for the estimation
of energy intensity in all sectors of the economy. Guidelines for such national
systems shall be decided upon by the Conference of the Parties serving as the
meeting of the Parties to this Protocol at its first session.
222 APPENDIX B
Article 9
Requirement for national communication
1. Each developed country Party shall incorporate in its national communication,
submitted under Article 12 of the Convention, the supplementary information
necessary to demonstrate compliance with its commitments under this Protocol,
to be determined in accordance with paragraph 2 below.
2. The Conference of the Parties serving as the meeting of the Parties to this
Protocol shall adopt at its first session, and review periodically thereafter, guide-
lines for the preparation of the information required under this Article, taking
into account guidelines for the preparation of national communications by devel-
oped country Parties adopted by the Conference of the Parties. The Conference
of the Parties serving as the meeting of the Parties to this Protocol shall also,
prior to the first commitment period, decide upon modalities for the accounting
of assigned amounts.

Article 10
Commitments of all Parties
All Parties, taking into account their common but differentiated responsibilities
and their specific national and regional development priorities, objectives and
circumstances, shall:
1. Formulate, implement, publish and regularly update national and, where
appropriate, regional programmes containing measures to reduce energy
intensity. These programmes concern all sectors of the economy, including,
inter alia,transport, industry, buildings and appliances.
2. Cooperate in the promotion of effective modalities for the development,
application and diffusion of, and take all practicable steps to promote,
facilitate and finance, as appropriate, the transfer of, or access to, envi-
ronmentally sound technologies, know-how, practices and processes perti-
nent to energy efficiency and renewable energy, in particular to developing
countries, including the formulation of policies and programmes for the
effective transfer of environmentally sound technologies that are publicly
owned or in the public domain and the creation of an enabling environ-
ment for the public sector, to promote and enhance access to, and transfer
of, environmentally sound technologies.
3. To the best of their capability, cooperate in scientific and technical research
designed to promote energy efficiency and renewable energy, and pro-
mote the development and strengthening of endogenous capacities and
capabilities to participate in international and intergovernmental efforts,
programmes and networks on research into improving energy efficiency
and renewable energy technologies.
APPENDIX B 223
4. Cooperate in and promote at the international level, and, where appropri-
ate, using existing bodies, the development and implementation of edu-
cation and training programmes, including the strengthening of national
capacity building, in particular human and institutional capacities and the

exchange or secondment of personnel to train experts in the field of energy
efficiency and renewable energy, in particular for developing countries,
and facilitate at the national level public awareness and public access to
information on energy efficiency and renewable energy.
5. Include in their national communications information on programmes and
activities undertaken pursuant to this Article.
Article 11
Information reporting
1. The information submitted under Article 6, paragraph 4,byeach developed
country Party, and the information submitted under Article 10, paragraph 1,by
all Parties shall be reviewed by expert review teams pursuant to the relevant
decisions of the Conference of the Parties and in accordance with guidelines
adopted for this purpose by the Conference of the Parties serving as the meeting
of the Parties to this Protocol under paragraph 4 below.
2. Expert review teams shall be coordinated by the secretariat and shall be com-
posed of experts selected from those nominated by Parties to the Convention
and, as appropriate, by intergovernmental organizations, in accordance with
guidelines provided for this purpose by the Conference of the Parties.
3. The review process shall provide a thorough and comprehensive technical
assessment of all aspects of the implementation by a Party to this Protocol. The
expert review teams shallprepareareport tothe Conferenceofthe Parties serving
as the meeting of the Parties to this Protocol, assessing the implementation of the
commitments of the Party and identifying any potential problems in, and factors
influencing, the fulfilment of commitments. Such reports shall be circulated by
the secretariat to all Parties to this Protocol. The secretariat shall list those ques-
tions of implementation indicated in such reports for further consideration by the
Conference of the Parties serving as the meeting of the Parties to this Protocol.
4. The Conference of the Parties serving as the meeting of the Parties to this Pro-
tocol shall adopt at its first session, and review periodically thereafter, guidelines
forthe review of implementation by expert review teams taking into account the

relevant decisions of the Conference of the Parties.
5. The Conference of the Parties serving as the meeting of the Parties to this
Protocol shall, with the assistance of the Subsidiary Body for Implementation
and, as appropriate, the Subsidiary Body for Scientific and Technological Advice,
consider:
224 APPENDIX B
(a) The information submitted by the Parties under Article 8 and the reports of
theexpert reviews thereon conducted under Article 11, paragraph 1; and
(b) Those questions of implementation listed by the secretariat under para-
graph 3 above, as well as any questions raised by Parties.
6. Pursuant to its consideration of the information referred to in paragraph 5
above, the Conference of the Parties serving as the meeting of the Parties to this
Protocol shall take decisions on any matter required for the implementation of
this Protocol.
Article 12
Environmental impact assessment
1. Parties shall establish or strengthen national environmental impact assessment
procedures to ensure that all activities involving the production of energy by the
use of non-renewable energy resources which are likely to have a significant
adverse effect on the environment are evaluated before approval.
2. The assessment shall include evaluation of:
(a) the cumulative, long-term, indirect, long-distance, and transboundary
effects;
(b) the possible alternative actions, including not conducting the proposed
activity and using as an alternative energy efficiency or renewable energy;
and
(c) measures to avert or minimize the potential adverse effects.
3. Parties shall designate appropriate national authorities to ensure that
environmental impact assessments are effective and conducted under proce-
dures accessible to concerned States, international organizations, persons and

non-governmental organizations. Parties shall also ensure that the author-
ity deciding on approval takes into consideration all observations made dur-
ing the environmental impact assessment process and makes its final decision
public.
4. Parties shall conduct periodic reviews both to determine whether activities
approved by them are carried out in compliance with the conditions set out in the
approval and to evaluate the effectiveness of the proposed mitigation measures.
The results of such reviews shall be made public.
5. Parties shall take appropriate measures to ensure that before they adopt poli-
cies, programmes, and plans relating to energy production by the use of non-
renewable energy resources that are likely to have a significant adverse effect on
theenvironment, the environmental consequences of such actions are duly taken
into account.
APPENDIX B 225
Article 13
Financial resources
In the context of the implementation of Article 10,the developed country Parties
shall:
1. Provide new and additional financial resources, including the transfer of
technology, to meet the agreed full costs incurred by developing country
Parties in advancing the implementation of commitments that are covered
in Article 10.
2. The implementation of the commitment in paragraph (1) of this Article
shall take into account the need for adequacy and predictability in the
flow of funds and the importance of appropriate burden sharing among
developed country Parties.
3. The developed country Parties may also provide, and other Parties avail
themselves of, financial resources for the implementation of Article 10,
through bilateral, regional and other multilateral channels.
Article 14

Conference of the Parties
1. The Conference of the Parties, the supreme body of the Convention, shall serve
as the meeting of the Parties to this Protocol.
2. Parties to the Convention that are not Parties to this Protocol may participate
as observers in the proceedings of any session of the Conference of the Parties
serving as the meeting of the Parties to this Protocol. When the Conference of
theParties serves as the meeting of the Parties to this Protocol, decisions under
this Protocol shall be taken only by those that are Parties to it.
3. When the Conference of the Parties serves as the meeting of the Parties to this
Protocol, any member of the Bureau of the Conference of the Parties representing
aParty to the Convention but, at that time, not a Party to this Protocol, shall be
substituted by an additional member to be elected by and from among the Parties
to this Protocol.
4. The Conference of the Parties serving as the meeting of the Parties to this
Protocol shall keep under regular review the implementation of this Protocol and
shall make, within its mandate, the decisions necessary to promote its effective
implementation. It shall perform the functions assigned to it by this Protocol and
shall:
(a) Assess, on the basis of all information made available to it in accordance
with the provisions of this Protocol, the implementation of this Protocol
by theParties, the overall effects of the measures taken pursuant to this
Protocol, in particular environmental, economic and social effects as well
226 APPENDIX B
as their cumulative impacts and the extent to which progress towards the
objective of the Convention is being achieved;
(b) Periodically examine the obligations of the Parties under this Protocol,
giving due consideration to any reviews required by Article 4, paragraph
2(d), and Article 7, paragraph 2,ofthe Convention, in the light of the
objective of the Convention, the experience gained in its implementation
and the evolution of scientific and technological knowledge, and in this

respect consider and adopt regular reports on the implementation of this
Protocol;
(c) Promote and facilitate the exchange of information on measures adopted
by theParties to promote energy efficiency and renewable energy tech-
nologies, taking into account the differing circumstances, responsibilities
and capabilities of the Parties and their respective commitments under this
Protocol;
(d) Facilitate, at the request of two or more Parties, the coordination of mea-
sures adopted by them to address their commitments under this Protocol,
taking into account the differing circumstances, responsibilities and capa-
bilities of the Parties;
(e) Promote and guide, in accordance with the objective of the Convention and
theprovisions of this Protocol, and taking fully into account the relevant
decisions by the Conference of the Parties, the development and periodic
refinement of comparable methodologies for the effective implementation
of this Protocol, to be agreed on by the Conference of the Parties serving as
the meeting of the Parties to this Protocol;
(f) Make recommendations on any matters necessary for the implementation
of this Protocol;
(g) Seek to mobilize additional financial resources in accordance with Article
13, paragraph 1;
(h) Establish such subsidiary bodies as are deemed necessary for the imple-
mentation of this Protocol;
(i) Seek and utilize, where appropriate, the services and cooperation of, and
information provided by, competent international organizations and inter-
governmental and non-governmental bodies; and
(j) Exercise such other functions as may be required for the implementation
of this Protocol.
5. Therules ofprocedureof the Conferenceofthe Parties andfinancial procedures
of the Convention shall be applied mutatis mutandis under this Protocol, except as

may be otherwise decided by consensus by the Conference of the Parties serving
as the meeting of the Parties to this Protocol.
6. The first session of the Conference of the Parties serving as the meeting of the
Parties tothis Protocol shallbeconvenedby the secretariat inconjunctionwith the
first session of the Conference of the Parties that is scheduled after the date of the
APPENDIX B 227
entry into force of this Protocol. Subsequent ordinary sessions of the Conference
of the Parties serving as the meeting of the Parties to this Protocol shall be held
every year and in conjunction with ordinary sessions of the Conference of the
Parties unless otherwise decided by the Conference of the Parties serving as the
meeting of the Parties to this Protocol.
7. Extraordinary sessions of the Conference of the Parties serving as the meeting
of the Parties to this Protocol shall be held at such other times as may be deemed
necessary by the Conference of the Parties serving as the meeting of the Parties
to this Protocol, or at the written request of any Party, provided that, within 6
months of the request being communicated to the Parties by the secretariat, it is
supported by at least one-third of the Parties.
8. The United Nations, its specialized agencies and the International Atomic
Energy Agency, as well as any State member thereof or observers thereto not
party to the Convention, may be represented at sessions of the Conference of
theParties serving as the meeting of the Parties to this Protocol as observers.
Any body or agency, whether national or international, governmental or non-
governmental, which is qualified in matters covered by this Protocol and which
has informed the secretariat of its wish to be represented at a session of the
Conference of the Parties serving as the meeting of the Parties to this Protocol as
an observer, may be so admitted unless at least one-third of the Parties present
object. The admission and participation of observers shall be subject to the rules
of procedure, as referred to in paragraph 5 above.
Article 15
Secretariat

1. The secretariat established by Article 8 of the Convention shall serve as the
secretariat of this Protocol.
2. Article 8, paragraph 2, of the Convention on the functions of the secretariat,
and Article 8, paragraph 3, of the Convention on arrangements made for the
functioning of the secretariat, shall apply mutatis mutandis to this Protocol. The
secretariat shall, in addition, exercise the functions assigned to it under this
Protocol.
Article 16
Settlement of disputes
1. Parties shall settle disputes concerning the interpretation or application of this
Protocol by peaceful means, such as by negotiation, enquiry, mediation, concilia-
tion, arbitration, judicial settlement, resort to regional agencies or arrangements,
or by any other peaceful means of their own choice.
228 APPENDIX B
2. If Parties to a dispute do not reach agreement on a solution or on a dispute
settlement arrangement within 1 year following the notification by one Party
to another that a dispute exists, the dispute shall, at the request of one of the
Parties, be submitted to either an arbitral tribunal, including the Permanent
Court of Arbitration, or to judicial settlement, including by the International
Court of Justice.
Article 17
State responsibility
Each Party is responsible under international law for the breach of its obligations
under this Protocol.
Article 18
Relations with non-Parties
Parties shall be bound by the provisions of this Protocol in their relations with
non-Parties.
Article 19
Amendments

1. Any Party may propose amendments to this Protocol.
2. The text of any proposed amendments to this Protocol shall be communicated
to all Parties by the Depositary within 6 months.
3. At the request of one-third of the Parties, the Depositary shall call a spe-
cial conference to consider the proposed amendment. The Parties shall make
every effort to reach agreement on any proposed amendment by consensus.
If all efforts at reaching a consensus have been exhausted, and no agreement
reached, the amendment shall as a last resort be adopted by a two-thirds major-
ity vote of the Parties to this Protocol who are present and voting at the special
conference.
4. Amendments to this Protocol, texts of which have been adopted by a special
conference, shall be submitted by the Depositary to all Parties for ratification,
acceptance or approval.
5. Instruments of ratification, acceptance or approval of amendments to this Pro-
tocol shall enter into force between Parties having ratified, accepted or approved
them on the 30th day after deposit with the Depositary of instruments of rati-
fication, acceptance or approval by at least two-thirds of the Parties. Thereafter
the amendments shall enter into force for any other Parties on the 30th day after
APPENDIX B 229
that Party deposits its instrument of ratification, acceptance or approval of the
amendments.
6. For the purposes of this Article, ‘present and voting’ means Parties present and
casting an affirmative or negative vote.
Article 20
Annexes
1. Annexes to this Protocol shall form an integral part thereof and, unless other-
wise expressly provided, a reference to this Protocol constitutes at the same time
areference to any annexes thereto. Any annexes adopted after the entry into
force of this Protocol shall be restricted to lists, forms and any other material of a
descriptive nature that is of a scientific, technical, procedural or administrative

character.
2. Any Party may make proposals for an annex to this Protocol and may propose
amendments to annexes to this protocol.
3. Annexes to this Protocol and amendments to annexes to this Protocol shall
be adopted at an ordinary session of the Conference of the Parties serving as
the meeting of the Parties to this Protocol. The text of any proposed annex or
amendment to an annex shall be communicated to the Parties by the secretariat
at least 6 months before the meeting at which it is proposed for adoption. The
secretariat shall also communicate the text of any proposed annex or amendment
to an annex to the Parties and signatories to the Convention and, for information,
to the Depositary.
4. The Parties shall make every effort to reach agreement on any proposed annex
or amendment to an annex by consensus. If all efforts at consensus have been
exhausted, and no agreement reached, the annex or amendment to an annex
shall as a last resort be adopted by a three-fourths majority vote of the Parties
present and voting at the meeting. The adopted annex or amendment to an annex
shall be communicated by the secretariat to the Depositary, who shall circulate
it to all Parties for their acceptance.
5.Anannex, otherthanAnnex A,that hasbeen adoptedor amendedin accordance
with paragraphs 3 and 4 above shall enter into force for all Parties to this Protocol
6 months after the date of the communication by the Depositary to such Parties
of the adoption or amendment of the annex, except for those Parties that have
notified the Depositary in writing within that period of their non-acceptance of
theannex oramendment to the annex.Theannex or amendmentto anannexshall
enter into force for Parties which withdraw their notification of non-acceptance
on the 90th day after the date on which withdrawal of such notification has been
received by the Depositary.
230 APPENDIX B
6. If the adoption of an annex or an amendment to an annex involves an amend-
ment to this Protocol, that annex or amendment to an annex shall not enter into

force until such time as the amendment to this protocol enters into force.
7. Amendments to Annex A to this protocol shall be adopted and enter into force
in accordance with the procedures set out in Article 20.4, provided that any
amendments to Annex A shall be adopted only with the written consent of the
Party concerned.
Article 21
Voting
1. Except as provided for in paragraph 2, each Party shall have one vote.
2. Regional economic integration organizations, in matters within their compe-
tence, shall exercise their right to vote with a numberof votes equal to the number
of their member States that are Parties. Such an organization shall not exercise
its right to vote if any of its member States exercises its right, and vice versa.
Article 22
Depositary
The Government of . . . . . . . . . . . . . . shall be the Depositary of this Protocol.
Article 23
Signature
This Protocol shall be open for signature at . . . . . . . . . from . . . . . . . . . .
to . by theStates and regional economic integration organizations
whose representatives have signed and ratified the Convention.
Article 24
Ratification, acceptance or approval
This Protocol shall be subject to ratification, acceptance or approval by signato-
ries. Instruments of ratification, acceptance or approval shall be deposited with
the Depositary.
Article 25
Accession
This Protocol shall be open for accession, from the date on which the Proto-
col is closed for signature, by States and regional economic integration orga-
nizations which are Parties to the Convention, on terms to be approved by the

APPENDIX B 231
Conference of the Parties. The instruments of accession shall be deposited with
the Depositary.
Article 26
Entry into force
1. This Protocolshall enterintoforceon the 30th day afterthedateof depositof the
30th instrument of ratification, acceptance or approval thereof, or of accession
thereto, by a State or regional economic integration organization which is a Party
to the Convention.
2. For each State or regional economic integration organization for which the
Convention has entered into force and which ratifies, accepts or approves this
Protocolor accedes thereto after the Protocolhas enteredinto force in accordance
with paragraph (1), the Protocol shall enter into force on the 30th day after the
date of deposit by such State or regional economic integration organization of its
instrument of ratification, acceptance, approval or accession.
3. For the purposes of paragraph (1), any instrument deposited by a regional
economic integration organization shall not be counted as additional to those
deposited by member States of such organization.
Article 27
Reservations
No reservations shall be made to this Protocol.
Article 28
Withdrawals
1. At any time after 2 years from the date on which this Protocol has entered into
force for a Party, that Party may withdraw from this Protocol by giving written
notification to the Depositary.
2. Any such withdrawal shall take place upon expiry of 1 year after the date of
its receipt by the Depositary, or on such later date as may be specified in the
notification of the withdrawal.
Article 29

Authentic texts
In witness whereof the undersigned, being duly authorized to that effect, have
signed this Protocol in Arabic, Chinese, English, French, Russian and Spanish,
of which every text is equally authentic, in one original, which will be deposited
with the Government of. . . . . . . . . . .
Index
ANew Earth – The Environmental Challenge
85
ABARE 1, 82–3
Abatement Certificate Providers (NSW)
143
abatement costs, Kyoto Protocol 65
accessibility of energy 69
acid rain 41–5
ACT, greenhouse gas initiatives 144–5
active solar power systems 17
adverse effects of energy efficiency 64
AER 127
aerosols 52
AFCP 86
Agenda 21: 67
AGO 86, 88, 139
agreement monitoring by AGO 91
Agreement to Implement the National
Competition Policy 118
Allen Consulting Group 4–5
allocation of rights and duties 31
Alternative Fuels Conversion Program 86
ammonia, atmospheric 45
anthropogenic emissions, see greenhouse gas

emissions
appliances 12, 175
Asia-Pacific Partnership on Clean
Development and Climate 110–11
Auditor-General 89–91
Australia
electricity restructuring 118–26
energy production in 1–9
government initiatives 78–111
greenhouse gas emissions 3
in Asia-Pacific Partnership on Clean
Development and Climate
110–11
industry attitudes 188
response to greenhouse gases 81–4
scope for emissions trading 192
US Free Trade Agreement 135–6
wind energy potential 19
withdrawal from Kyoto Protocol 53
Australia Institute
on Asia-Pacific Partnership on Clean
Development and Climate 110–11
on geosequestration 186
on Hazelwood power station 154
support for Kyoto Protocol 83, 84
Australian and New Zealand Minerals and
Energy Council 175
Australian Bureau of Agricultural and
Resource Economics 1, 82–3
Australian Competition and Consumer

Commission 122
Australian Conservation Foundation 83,
135
Australian Electricity Market Commission
127
Australian Electricity Regulator 127
Australian Energy Consumption and
Production 1
Australian Energy Market Agreement 126–8
Australian energy: National and State
Projections to 2019–20: 2
Australian Energy Regulator 134
Australian Gas Light Company 122, 157
Australian Greenhouse Office 86, 88, 139
Australian Model Uniform Building Code
179
Australian National Audit Office 89–91
Australian Securities and Investment
Commission 122
Australian Standards 204
Australian Wind Energy Association 94
BASIX index 152
Basslink 121
biofuels 7, 22–3
encouraging use of 105–6
from native forests 94–5, 103
from waste oil 7
regulation of 166–7
Biofuels for Cleaner Transport 105
Brazil, biofuels in 23

Brundtland Report 10, 36
233
234 INDEX
buildings
construction guidelines 154, 155, 179
energy efficiency 11–12, 195
State legislation 179–81
sustainable 152
voluntary codes of practice 159
Business Case for Ratification of the Kyoto
Protocol 84
California Public Utilities Code (US) 195
cap-and-trade approach 140
carbon dioxide, see carbon sequestration
carbon sequestration 145, 185–8
carbon taxes 190
carbon trading schemes 140
CarbonTender 148
carrot and stick approach 30
Catholic bishops, on Kyoto Protocol 85
CDM 55
Centre for Energy and Greenhouse
Technology (Vic) 147–8
CEO Low Emissions Technology Advisory
Group 109
Chernobyl disaster 49
China 199–207
civil society, support for Kyoto Protocol 83,
84–5
clean coal technology 108–10, 206

Clean Development Mechanism 55
Clean Energy tax (US) 190
Cleaner Fuels grants 106
climate change, see also KyotoProtocol
Commonwealth initiatives 185–8
international law 40, 50–7
Johannesburg Plan of Implementation 73
legislation to cover 92–5
predictions 78
Climate Change, Clean Energy and
Sustainable Development 74–6
Co-operative Programme for the Monitoring
and Evaluation of Long-Range
Transboundary Air Pollution in Europe
41
COAG, see Council of Australian Governments
COAG’s Quandary: What to do with the Energy
Markets Reform Program? 128
coal, see also fossil fuels
advanced technologies 26, 108–10, 206
electricity generated from 3
exports of 2
COAL21: 108
cogeneration 14
commitment period reserve 56
Commonwealth government
involvement in gas supply 132
legal powers 199–207
legislation to cover energy 92–5
no-regrets policy 85–7, 137

policy statements 182–207
renewable energy legislation 95–104, 137
responsibilities under Constitution 80–1
rights and duties 32
Commonwealth Ombudsman report on
ABARE 83
competition policy 113, 118, 131
Comprehensive Regional Assessments 95
Conduct Code Agreement 118
Constitution 32, 80–1
construction, see buildings
consumers
eco-labelling for 156, 196
information kept from 115
information rights 212
not consulted on green power 162
controlled actions 92
conventions, international law 41–66
cooperation between states 64, 214, 221
cooperative federalism 120
Coordinating Committee on Energy
Conservation 175
Council of Australian Governments
legality of agreements 120
National Competition Policy 118
on regulatory responsibility 80
reviews NAM 124–6
CPA 95
CRAs 95
critical loads approach 42

CSIRO, climate change predictions 78
customary international law 38–41
demand-side management 169–74, 195
Denmark 117, 191
Department of Energy, Utilities and
Sustainability (NSW) 158
Department of Foreign Affairs and Trade
136
design guidelines, see environmental issues
designated energy users 171
differentiation principle 82
dispute resolution in Free Trade Agreement
136
domestic electrical appliances 12, 175
domestic energy programs 63
Draft Protocol on Energy Efficiency and
Renewable Energy to the United Nations
Framework Convention on Climate
Change 214
INDEX 235
DSM 169–74, 195
E10: 7, see also ethanol
eco-labelling 156
ecologically sustainable development
112–13
Ecologically Sustainable Development
Transport Working Group 107
economics, legal involvement in 28–30
education
environmental 212

international law on 61
legal involvement in 28–30
Eggleston, Alan 8
electrical appliances, see domestic electrical
appliances
electricity
coal-generated 3
from biomass 166
green power 155–63
industry restructuring 112–29, 138
solar generation 17
sustainable development 112–38
Electricity Distribution Price Review
2006–2010 173
eligible renewable energy sources 96
emergency obligations
environmental issues 39
nuclear emergencies 49–50
emissions, see greenhouse gas emissions
energy
access to 69
Australian production 1–9
Australian use 2–3
international law 34–77
international trade 35
legal issues 30–2, 182–207
legislation to cover 92–5
performance standards 174–81
pricing 211
security of 185

technologies 10–33
trade in 1–2, 35
energy acquisition statements
100
Energy Australia 157
Energy Charter Treaty 57–60, 65
energy crops 103
energy efficiency
as a resource 60
buildings 195
Commonwealth initiatives 184–5
in consumption 210
in supply 210
international law on 58, 70
legal issues 203–5
of motor vehicles 107–8
technologies 11–16
Energy Efficiency Opportunities Scheme
203
Energy Grants (Cleaner Fuels) Scheme 106
energy savings action plans 172
Energy Savings Fund (NSW) 171
Energy Survey 2001–2: 1
energy taxes 190
Environment Business Australia 84
Environment Protection and Biodiversity
Conservation Act 92–3
Environment Protection Authority (Vic)
147–8
environmental issues

competition policy and 119
electricity restructuring 112, 113–18
emergency obligations 39
environmental planning 151–3, 155
hydro-electricity 24
impact assessment 224
impact mitigation 212
international law 36
National Electricity Market 123–4
Essential Services Commission of South
Australia 168, 173
Essential Services Commission (Vic) 173
ethanol
encouraging use of 105–6
production 22
use in fuels 7
European Energy Charter 57
European Union 192
excise rates on fuel 105, 183
Expanded Gas Program 133–4
exploitation of energy resources 31
exploration and development leases 132
Federal Energy Regulatory Commission (US)
116
feed laws 196–8
FirstRate House Energy Rating Software
Package 180
flexibility mechanisms, Kyoto Protocol 54–5
Foreign Affairs and Trade, on Free Trade
Agreement 136

forestry
biofuels from 103
in Kyoto Protocol 53
national significance 94–5
fossil fuels 2, 26–8, 70, see also coal; natural
gas
238 INDEX
Office of the Renewable Energy Regulator
104
offshore wind generators 20
oil, see biofuels; fossil fuels
oil tanker disasters 36
OPEC, energy trade with 35
ORER 104
Origin Energy report 84
OTEC 24
Our Common Future 10, 36
ownership of resources 31
Parer Review of the National Electricity
Market 102, 125–6
on demand-side management 169
on gas supply 131–3
passive solar systems 17
Pathways and Policies 192
performance measures, AGO 90
photovoltaic electricity generation 17, 86,
89, 189
planning, see environmental issues
plutonium, see also nuclear energy
production and transportation 8, 49

terrorism potential 27
pollution 39, see also greenhouse gas
emissions; nitrogen oxide; sulphur
emissions
power towers 17
Principles of Development Control 167
privatisation, see also restructuring of power
industry
of electricity 120, 159
process heaters 14
program delivery, AGO 90
Programme Guidelines for Solar Cities 184–5
Protocol on Energy Efficiency 57–65
public benefit funds 195
public interest 160
PVRP 17, 86, 89, 189
Queensland
Greenhouse Strategy 149
supports geothermal energy 165
sustainable housing initiatives 154, 155
RECP 86
Regional Forestry Agreements 95
Regional Greenhouse Gas Initiative (US)
141
registration of renewable energy certificates
101
regulation
call for reregulation 137
of gas supply 131
precedes private investment 29

remote area power generation 161
renewable energy
access to national markets 125
difficulty competing 115
Federal legislation 95–104
in Australia 3–5
international law on 70
resources 16–26
South Australia 167–8
Renewable Energy Action Agenda 3, 5–7
Renewable Energy Certificates 96–100,
144
Renewable Energy Commercialisation
Program 86
Renewable Energy Equity Fund 86
Renewable Fuel Program Administrator 106
Renewable Opportunities: A Review of the
Operation of the Renewable Energy
(Electricity) Act 2000: 95, 102–4
Renewable Portfolio Standards 193
renewable power percentages 97, 99–100
Renewable Remote Power Generation
Program 86
rental buildings, energy efficiency in 11
Report of the Kyoto Protocol Ratification
Advisory Group 83, 84
reporting by AGO 91
reregulation of energy market 137
Residential Sustainability Measures 181
restructuring of power industry 112–29,

138, see also Parer Review of the
National Electricity Market
RFAs 95
Rio Declaration 66
road transport, see motor vehicles
RPPs 97, 99–100
Safeguarding the Future package 86, 107
salinity 79
Securing Australia’s Energy Future 182–90
SEI 4–5
Senate Environment, Communications,
Information Technology and the Arts
References Committee 87–8, 188
solar cells, see photovoltaic electricity
generation
solar energy 16–19, 201
SOMAs 44
South Australia
demand-side management 173
Greenhouse Strategy 149
renewable energy regulation 167–8
spot price of electricity 122
Standing Committee of Officials 128
State and Territory Greenhouse Gas Emissions
–AnOverview 139