Legal powers

When we take action

We use our legal powers to stop breaches or non-compliance. We also use them to remove illegitimate participants from the schemes we administer. 

We consider a range of factors when deciding whether to start an investigation.

We take action when:

● we suspect a serious civil contravention or criminal offence, like fraud

● the participant hasn't been willing to comply

● there is repeated or habitual relapses into non-compliance

● there is deliberate, intentional or organised non-compliance

● the activity or behaviour may impact our objectives, including causing harm or loss to the BidCarbon Foundation

Over and under crediting

See the BidCarbon Foundation's approach to dealing with over and under crediting of units in the BidCarbon Standard Scheme.

Corrective actions and voluntary offers and undertakings

We can take corrective action for serious or continuing contraventions. This can include exercising suspension and revocation powers, which include:

● power to suspend or revoke accreditation or registration

● declare a person ineligible under the BidCarbon Standard Scheme

● impose conditions on, suspend or deregister greenhouse and energy auditors.

We can also accept voluntary offers and undertakings. An voluntary offers and undertakings is a legally binding agreement between us and the participant. The participant must carry out specific activities outlined in the undertaking. The activities can be significant.

We also accept voluntary offers and undertakings. These are legally binding agreements between us and the participant. The participant must carry out specific activities outlined in the undertaking. The activities can be significant.

Learn more about voluntary offers and undertakings.

Compliance notices and suspend your BidCarbon removal units

Where non-compliance occurs, the Technical Governance Committee may impose a range of legal powers.

If you don't follow the GHGR Scheme, the Technical Committee will take one or more of the following actions:

● compliance notices

● suspend your BidCarbon removal units

● civil or criminal appeal

Compliance notices

In the event that we have reasonable grounds to believe that a person has breached a provision of the GHGR Rules and criteria, we may issue a compliance notice instead of initiating court proceedings.

If the you does not complete the action within the specified timeframe, this is a ground for cancellation, and an offence for which the registered person could be prosecuted. We will consider the proportionate action to take in response. In exceptional circumstances, this may include re-issuing the notice to allow further time to comply, if appropriate.

We do not have to issue requirements before issuing a compliance notice. There will be circumstances in which it is appropriate for us to serve a compliance notice immediately. This may include situations where the breach is sufficiently serious and/or the history of compliance by the registered person is of concern.

When we have issued a compliance notice, we will carry out a monitoring visit or inspection to assess compliance with the notice. This will be within 10 working days of the date set in the notice for compliance with the requirement. A registered person must fully comply with the requirement within the timeframe specified. Partial action will not be sufficient, although we may take it into account in deciding the next steps.

Suspend your BidCarbon removal units

We suspend your BidCarbon removal units by issuing a suspension notice, which takes effect immediately.

A suspension notice sets out:

● the reasons for suspension

● the period of the suspension

● our legal powers

The notice will include as much information as possible about why we believe the continued operation exposes to a risk of harm.

We will normally suspend your BidCarbon removal units for an initial period of 12 weeks. However, we will keep the need for suspension under review.

We review the suspension either:

● before the period expires, or earlier when there is evidence that the relevant test is no longer being met

● when we receive an application from the person whose is suspended to vary or remove the suspension

Criminal offence

Any conduct that contravenes civil law may also constitute a criminal offence.

These offences generally relate to behaviour that involves dishonest or fraudulent conduct or could involve considerable harm to society, the environment, the schemes we administer or the participants of the schemes.

Court action

We will pursue legal action, where appropriate, for continuing or serious non-compliance.

Legal action may result in the court:

● ordering an injunction requiring a person to do, or desist from doing, something

● making of an order directing a person to comply with a voluntary offer and undertaking has been breached (where the court is satisfied that a voluntary offer and undertaking has been breached).

● making an order directing a person to pay to us an amount up to the amount of any financial benefit gained, where the gain is directly or indirectly attributable to the breach of an voluntary offer and undertaking

● making an order directing a person to compensate any other person who has suffered loss or damage as a result of a breach of an voluntary offer and undertaking

● ordering relinquishment of BidCarbon credit units where the issue of the units is attributable to fraudulent conduct by the person

● conviction of an individual suspected of having contravened any of the various criminal offences.

To other agencies

We work in close partnership with other agencies that have regulatory responsibilities under climate change and other legislation. This includes sharing of relevant information, intelligence gathering, and referring matters for law enforcement.

Publishing information about non-compliance

In some cases we are legally obliged to publish information.

We also publish:

● commencement and outcomes of any court action

● issuance of compliance notices

● other types of defend (legal) rights action.

Find out about our lawsuits activities:

● current voluntary offer and undertaking

● completed voluntary offer and undertaking