114Variation of methodology determinations

#### 114 Variation of methodology determinations (1) The Minister may, by legislative instrument, vary a methodology determination. (2) In deciding whether to vary a methodology determination, the Minister must have regard to the following: (a) whether the varied 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 varying 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 varied determination applies; (d) such other matters (if any) as the Minister considers relevant. (2AA) The Minister must not vary a methodology determination unless the Minister is satisfied that the varied determination complies with the offsets integrity standards. (2A) The Minister must not vary a methodology determination unless a method specified in, or ascertained in accordance with, the varied determination in accordance with paragraph 106(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. (5) Subsection (1) of this section does not, by implication, limit the application of subsection 33(3) of the Acts Interpretation Act 1901 to other instruments under this Act. Advice given by the Emissions Reduction Assurance Committee (6) Before varying a methodology determination, the Minister must request the Emissions Reduction Assurance Committee to advise the Minister about whether the Minister should vary the determination. > Note 1: The Emissions Reduction Assurance Committee must have regard to certain matters in giving advice to the Minister (see section 123A). > Note 2: For variations of a minor nature, see subsection (9). (7) In deciding whether to vary a methodology determination, the Minister must have regard to the following: (a) any relevant advice given by the Emissions Reduction Assurance Committee under subsection 123A(2); (b) such other matters (if any) as the Minister considers relevant. (7A) The Minister must not vary a methodology determination so as to extend the crediting periods for the eligible offsets projects covered by the determination unless: (a) the Emissions Reduction Assurance Committee has advised the Minister under subsection 123A(2) or paragraph 255(hc) that the variation should be made; and (b) the Emissions Reduction Assurance Committee has not previously advised the Minister under subsection 123A(2) or paragraph 255(hc) that the variation should not be made; and (c) the determination has not previously been varied so as to extend the crediting periods. (7B) The Minister must not vary a methodology determination if the Emissions Reduction Assurance Committee has advised the Minister under subsection 123A(2) that the varied determination does not comply with one or more of the offsets integrity standards. (8) If the Minister decides: (a) to vary a methodology determination; or (b) not to vary 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. (9) Subsections (6), (7), (7B) and (8) do not apply to a variation if the variation is of a minor nature.