Application form
Liquid Fuel Supply Regulation 2016
Assessing Standards for Equivalence with the Sustainability Criteria for Biofuels
This form must be used when submitting an application for assessmentof a nominated standard as equivalent to a prescribed sustainability standard for biofuels, to the Director-General of the Department of Environment and Science pursuant to Division 2 of the Liquid Fuel Supply Regulation 2016.For further information on equivalent guidelines refer to the Guideline titled Assessing standards for equivalence with the sustainability criteria for biofuels under the Liquid Fuel Supply Regulation 2016(insert web reference). A list of prescribed sustainability standards is available at
APPLICATION FOR ASSESSMENT OF EQUIVALENCE FOR A NOMINATED SUSTAINABILITY STANDARD
Division 2 of the Liquid Fuel Supply Regulation 2016
Individual or Company Nominating the Standard: / [Insert registered company name][Insert registered company address]
Title of Nominated Standard, Version Number and Date of Publication: / [Insert title of nominated standard and version number and date of approval or publication]
International or Domestic Standard. Administration of the Standard: / [Identify whether the nominated standard is a domestic standard applicable in Australia only or whether it is a recognised International standard]
[Identify who administers and maintains the nominated standard]
Reason for nominating the Standard for Assessment as Equivalent: / Insert one or more of the following:
[Meets mandatory requirements for market entry e.g. market demand for compliance with EU Red criteria]
[Commonly used by the Industry in which you operate]
[Other: specify]
Geographic Focus: / [Insert site location detailswhere the nominated standard is expected to be applied]
Target Audience for Certification: / [Identify the parties or entities within the biofuels supply chain who would be subject to certification under the nominated standard]
Proposed or Current Activity: / [Describe the feedstock, technology and type of biofuel produced] [How long has the project been in force, or identify the current stage of development including proposed pilot and/or commercialisation stages]
Submission date: / [Insert the date that the application was submitted for assessment]
Finish date: / [Office use only]
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Application form
Assessing Standards for Equivalence with the Sustainability Criteria for Biofuels
Assessment of Nominated Sustainability Standard
To determine whether a nominated sustainability standard is equivalent to the relevant sustainability standard(s) prescribed in the Liquid Fuel Regulation 2016, the following information will need to be provided in the application:
- General information about the nominated standard (see Part 1)
- Nominated standard system elements: considers the nominated standard’s governance and administration arrangements including reporting and certification requirements; whether there is a third party certification, auditing and compliance system (see Part 2)
- Nominated standard content elements:considers the scope and benchmarks for environmental performancethrough:
- considering potential impacts on biodiversity, water and soil resources (see Part 3); and
- a side-by-side comparison of the nominated standard and relevant prescribed sustainability standard (see Part 4).
The shaded boxes outline the issues that will be assessed following anapplication for a nominated standard to be approved as equivalent to the relevant prescribed standard. The Applicant must complete Tables 1, 2, 3and 4in full and provide adequate supporting evidence for the application to beassessed.
Glossary
Nominated standardrefers to the standard for which a person completes and submits an approved form to the Director-General Department of Environment and Science for assessment and approval as equivalent to a prescribed sustainability standard for biofuels.
Certificate holderrefers to the entity that holds a certificate (e.g. RSB certification) issued by a certification body as evidence of compliance with the relevant prescribed sustainability standard (e.g. RSB) and certification systems.
A certification body is a recognised accreditation body with the qualifications and experience to undertake audits of entities and their operations to determine whether or not it is operating in compliance with the relevant prescribed sustainability standard.
A sustainability scheme is the system or framework under which a sustainability standard operates. For example, the Roundtable for Sustainable Biomaterials is a globally recognised sustainability standard. The European Union Renewable Energy Directive (EU RED) is a scheme designed to promote energy from renewable sources. Numerous sustainability standards including the Roundtable for Sustainable Biomaterials (RSB standard) are recognised by the EU RED as consistent with the scheme’s objectives.
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Application form
Assessing Standards for Equivalence with the Sustainability Criteria for Biofuels
PART 1: GENERAL INFORMATION ON NOMINATED SUSTAINABILITY STANDARD
Principles,criteria and indicators
The nominated standard should contain principles and criteria that address environmental impacts, particularly for water quality and availability, social impacts, workers conditions and rights, community relations, biodiversity conservation and good management practices.
Objective(s) and Relevance
The nominated standard’s objectives must be specific, clear and relevant to the objectives of the Liquid Fuel Supply Regulation 2016.Target Audience / Scope
Information needs to be provided on:
- what kinds of entities the nominated sustainability standard is designed to certify
- whether the nominated standard can be used to certify all biofuel crops or a single crop only
- the breadth of issues (economic/environmental/social) that are covered by the nominated standard
- the focus of the nominated standard across the issues covered i.e. whether the nominated standard focuses only on environmental and related sustainability issues, or whether it places more emphasis on economic wellbeing and social issues(e.g. workplace arrangements).
Transferability
Information also needs to be provided on whether the nominated standard can be applied and function irrespective of the location or the technical context.TABLE 1: GENERAL INFORMATION ON NOMINATED SUSTAINABILITY STANDARD
No. / Criteria / Yes / No / Supporting EvidenceIs the nominated sustainability standard based on principles and criteria that, as a minimum, address environmental impacts?
Please identify the relevant principles and criteria.
Does the nominated standard include principles and criteria that address economic and social impacts?
Please identify relevant principles and criteria.
Does the nominated sustainability standard or scheme apply to the production of biofuels or biomaterials, and/or feedstocks for biofuels, and/or biomaterials?
Is the nominated standard relevant to the same entities within the biofuels supply chain as the prescribed sustainability standard?
For example, the Liquid Fuel Supply Regulation 2016 prescribes the Smartcane BMP Program as the standard relevant to sugarcane growers.
Can certification be sought and obtained by a single entity within the supply chain?
Can certification can be sought and obtained by the entire supply chain?
Does the nominated sustainability standard set measurable performance standards to manage the environmental and social impacts?
Are the sustainability standards transferable across jurisdictions, geographical areas and products?
I.e. the standards apply and function irrespective of the location or technical context.
PART 2: SYSTEM DESIGN, INCLUDING GOVERNANCE AND ADMINISTRATIVE ARRANGEMENTS
Many international sustainability standards exist with varying levels of recognition, uptake and relevance to industry and the community. ISEAL’s credibility principles are accepted globally as the foundation for a credible sustainability standard or scheme. ISEAL’s credibility principles include:- Sustainability
- Improvement
- Relevance
- Rigour
- Engagement
- Impartiality
- Transparency
- Accessibility
- Truthfulness
- Efficiency.
The key elements of the nominated sustainability standard or scheme will be compared against the ISEAL credibility principles and relevant prescribed sustainability standard to determine the level of rigour, transparency and credibility.
Consideration will be given to issues including:
- Level of assurance provided via the verification framework including:
- Certification, auditing and compliance requirements
- reporting and record keeping
- whether continuous improvement in environmental performance is encouraged
- whether a risk-based approach is adopted
- transparency at an individual operator level and along the supply chain – chain of custody
- a penalties system and process are in place to address non-compliances.
- Compliance with ISEAL’s Code of Good Practice for Standard Setting / ISEAL membership
- Compliance with World Trade Organisation (WTO) requirements
- Whether a grievance process is available.
TABLE 2: SYSTEM DESIGN INCLUDING GOVERNANCE AND ADMINISTRATIVE ARRANGEMENTS
No. / Criteria / Yes / No / Supporting EvidenceDoes the nominated standard require producers to obtain third party certification against clear performance standards?
Level of Assurance / Yes / No / Supporting Evidence
Is all the content in the standard is compulsory?
I.e. do all of the criteria need to be met for certification?
Does the certification process include desktop audit and on-site audit components?
At the time of audit, any requirements that are not satisfied able tobe met over time without affecting the ability of a producer to obtain certification?
Are measures and checks in place to ensure that the criteria in the standard are met?
Please identify what they are when providing evidence.
Does the scheme apply the same certification standard in all areas of operation, or are procedures for certification based on scheme principles and criteria (or equivalent) in countries without nationally applicable standards?
How long is certification against the nominated sustainability standard valid?
E.g. A certificate of compliance against RSB is valid for 2 years.
How is certification maintained or renewed?
Are certificate holders required to rectify non-compliances identified during certification and other site auditors within a specified timeframe that does not exceed 12 months?
Are sanctions or penalties imposed on certificate holders for non-compliance with the standard or part of the standard, if not rectified within a specified time period?
If yes, please provide supporting evidence of those sanctions. Please specify the frequency.
Does the standard automatically recognise certifications from other voluntary sustainability standards (i.e. mutual recognition)?
If yes, list the recognised sustainability standards or schemes.
Membership and Decision-Making Powers
Are robust and fair decision making procedures in place to ensure fairness and level decision-making power regardless of the type of member (e.g. economic versus social versus environmental constituents)?
Are there defined procedures for appealing the handling of complaints or disputes related to governance and functions open to all members/participants?
Are certification standards developed by consensus or using processes where no single interest group can dominate or influence the decision-making process?
Reporting and Record Keeping / Yes / No / Supporting Evidence
Are producers required to have management plans in place that are relative to the scale and intensity of their operation that demonstrate commitment to long-term environmental, social and economic viability?
Are producers required to have management plans for environmental risks including water quality and quantity, the application and use of chemicals, biodiversity management and soil management?
Risk-Based Approach / Yes / No / Supporting Evidence
Are certification bodies required to conduct risk-based auditing and surveillance?
Please specify the frequency.
Are certification bodies required to adjust the intensity of auditing and surveillance to match observations in the field?
Do certification bodies conduct unannounced audits in high-risk contexts?
Continuous Improvement / Yes / No / Supporting Evidence
Does the nominated sustainability standard encourage producers to continuously improve the environmental, social and economic benefits of producing feedstock for biofuels, biofuels, biomaterials or other bio-commodities?
Are producers required to regularly revise their management plans to reflect the results of monitoring and evaluation?
Chain of Custody / Yes / No / Supporting Evidence
Does the nominated sustainability scheme contain procedures for monitoring custody and trade of materials from certified producers (regardless of the chain of custody model)?
Does the nominated sustainability scheme require certificate holders to manage critical control points along the supply chain with a scope and rigour that is proportionate to risk?
Does the nominated sustainability scheme include procedures and processes to assess risks relating to the origin of the materials throughout the supply chain?
Do certification bodies check/audit certificate holders’ operation of chain of custody procedures?
Does the nominated sustainability scheme require that claims associated with products containing a physical mix of certified and non-certified materials be clearly distinguished via appropriate labelling?
International credibility
The following best practice elements will be assessed in the context of the scope and application of the nominated standard i.e. international standard or a local or feedstock specific standard.
/Yes
/No
Is the nominated scheme is an ISEAL member (full or associate member)?
Is membership of the nominated scheme open to all stakeholders who share the scheme’s values and objectives?
Are the names and affiliation of members publically available on a scheme website?
Does the standard comply with World Trade Organisation Treaty on Technical Barriers to Trade?
Are nationally applicable certification standards developed and revised in full compliance with the ISEAL code of good practice and ISEAL credibility principles?
Are certification bodies accredited by an ISEAL member accreditation organisation?
Does the accreditation organisation verify that certification bodies have the competencies necessary to audit compliance with the standard’s requirements and to engage effectively with stakeholders during auditing and surveillance?
Does the accreditation organisation conduct risk-based auditing surveillance of accredited certification bodies?
Are major non-compliances that are not rectified within a set timeframe result in suspension or forfeiture of accreditation as a certification body?
Are certification and accreditation complaints procedures including appeal mechanisms open to any involved party?
PART 3: STANDARDS CONTENTA standard may only be approved as equivalent standard if the Director-General is satisfied that the nominated standard provides sustainability measures that are at least equivalent to the prescribed standard. The Director-General must consider information about potential impacts that production of biofuels in line with the nominated standard may have on:
- biodiversity, ecosystems and areas of high conservation value
- surface and groundwater quality including for example nutrient or sediment runoff
- soil quality including for example, soil degradation.
TABLE 3: STANDARDS CONTENT
No. / Criteria / Supporting EvidenceIs compliance with the entire standard mandatory, or are parts of the standard optional? For example, is the management of environmental considerations such as biodiversity management, water quality or soil quality elements of the standard discretionary? If not currently met, can parts of the standard be met over time?
Legal Requirements / Yes / No / Supporting Evidence
Are producers and all entities within the supply chain required to hold relevant environmental and planning approvals, and legally operate within those approvals?
Are producers required to comply with all applicable international, national, state and local laws and regulations?
Are producers required to uphold legal and customary rights of tenure, access and use of other parties, unless these rights are delegated through documented, free, prior and informed consent?
Water and Soil Quality / Yes / No / Supporting Evidence
Does the nominated standard require producers to identify water resources potentially affected by operations, in as well as outside the management unit?
Does the nominated standard require producers to take measures to minimise and mitigate negative impacts from operations on water resources?
Does the nominated standard requires producers to maintain or improve the quality of surface and groundwater?
Does the nominated standard require producers to avoid or minimise runoff and siltation of watercourses?
Does the nominated standard require producers to avoid or minimise soil erosion?
Biodiversity / Yes / No / Supporting Evidence
Does the nominated standard require producers to assess potential impacts on biodiversity values, including ecosystems?
Does the nominated standard require producers to avoid impacts to areas of high conservation value?
Does the nominated standard require producers to monitor their impacts on biodiversity and to adapt management as required for continuous improvement?
Greenhouse Gas Emissions / Yes / No / Supporting Evidence
Does the standard or scheme require an assessment of the greenhouse gas emissions profile for the product from cradle to combustion?
Does the standard or scheme require an assessment of the sequestration benefits of the product?
Is any clearing of vegetation incorporated into a lifecycle assessment of the greenhouse gas emissions and sequestration potential for the product?
What assessment methodology is used by the nominated sustainability scheme to estimate the greenhouse gas emissions profile and sequestration potential for the product?
For example, the Roundtable on Sustainable Biomaterials uses the economic allocation approach.
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Application form
Assessing Standards for Equivalence with the Sustainability Criteria for Biofuels
PART 4: SIDE BY SIDE ASSESSMENT OF NOMINATED STANDARD AGAINST THE RELEVANT PRESCRIBEDSUSTAINABILITY STANDARD
A side-by-side assessment is also required to compare the nominated standard and the relevant prescribed sustainability standard. The analysis must compare:- the scope of the standard, by reporting on components of the nominated standard against each component of the sustainability standard.
- the standard levels, by comparing the nominated standard’s quantitative and qualitative requirements against the prescribed sustainability standard.
TABLE 4: SIDE BY SIDE ASSESSMENT