106Methodology determinations

#### 106 Methodology determinations (1) The Minister may, by legislative instrument, make a determination that: (a) is expressed to apply to a specified kind of offsets project; and (b) sets out requirements that must be met for such a project to be an eligible offsets project; and (c) provides that, if such a project is an eligible offsets project, the carbon dioxide equivalent net abatement amount for the project in relation to a reporting period for the project is taken, for the purposes of this Act, to be equal to the amount ascertained using a method specified in, or ascertained in accordance with, the determination. > Note 1: For declarations of eligible offsets projects, see section 27. > Note 2: See also subsection 27(4A) in relation to certain additionality requirements that may be specified in a methodology determination. > Note 3: See also sections 69, 70 and 71 in relation to specifying a crediting period in a methodology determination. > Note 4: See also paragraph 76(4)(e) in relation to specifying in a methodology determination the deadline for giving an offsets report. > Note 5: See also subsection 77A(2) in relation to setting out in a methodology determination requirements relating to the division of an offsets project into 2 or more parts. (2) A determination under subsection (1) is to be known as a methodology determination. (3) A methodology determination that applies to a particular kind of offsets project may provide that, if such a project is an eligible offsets project, the project proponent for the project is subject to any or all of the following requirements: (a) specified requirements to include specified information relating to the project in each offsets report about the project; (b) specified requirements to notify one or more matters relating to the project to the Regulator; (c) specified record‑keeping requirements relating to the project; (d) specified requirements to monitor the project. (4) In deciding whether to make a methodology determination, the Minister must have regard to the following: (a) whether the determination complies with the offsets integrity standards; (b) any advice that the Emissions Reduction Assurance Committee has given to the Minister under subsection 123A(2) in relation to the making of the determination; (c) whether any adverse environmental, economic or social impacts are likely to arise from the carrying out of the kind of project to which the determination applies; (d) such other matters (if any) as the Minister considers relevant. (4AA) The Minister must not make a methodology determination unless the Minister is satisfied that the determination complies with the offsets integrity standards. (4A) The Minister must not make a methodology determination unless a method specified in, or ascertained in accordance with, the determination in accordance with paragraph (1)(c) provides that carbon abatement used in ascertaining the carbon dioxide equivalent net abatement amount for a project is eligible carbon abatement from the project. (4B) The Minister must not make a methodology determination if the Emissions Reduction Assurance Committee has advised the Minister under subsection 123A(2) that the determination does not comply with one or more of the offsets integrity standards. (7) Paragraph (1)(a) of this section does not, by implication, affect the application of subsection 13(3) of the Legislation Act 2003 to another instrument under this Act. (8) A methodology determination may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, a matter contained in an instrument or writing: (a) as in force or existing at a particular time; or (b) as in force or existing from time to time. (9) Subsection (8) has effect despite anything in subsection 14(2) of the Legislation Act 2003. (9A) A methodology determination may make provision in relation to a matter by conferring a power to make a decision of an administrative character on the Regulator. Advice given by the Emissions Reduction Assurance Committee (10) Before making a methodology determination, the Minister must request the Emissions Reduction Assurance Committee to advise the Minister about whether the Minister should make the determination. > Note: The Emissions Reduction Assurance Committee must have regard to certain matters in giving advice to the Minister (see section 123A). (11) If the Minister decides: (a) to make a methodology determination; or (b) not to make a methodology determination; the Minister must: (c) cause a copy of any advice given by the Emissions Reduction Assurance Committee under subsection 123A(2) in relation to the determination to be published on the Department’s website; and (d) do so as soon as practicable after making the decision.