42Consequences of not meeting requirement to monitor certain parameters

42  Consequences of not meeting requirement to monitor certain parameters

 (1) If, during a particular period in a reporting period, a project proponent for a soil carbon project fails to monitor a parameter as required by the monitoring requirements for a project area, the value of APA in equation 2 or, as applicable, equation 3 for that reporting period is taken to be 0. In this determination this period is called the non-monitored period.

 (2) Subsection (1) does not apply if the Regulator determines that:

 (a) either:

 (i) the failure to monitor the parameter is likely to have only a minor or trivial impact on the value of APA; or

 (ii) alternative means have been applied to calculate a conservative estimate of the parameter; and

 (b) the project proponent is taking steps to monitor the parameter consistently with the monitoring requirements in subsequent reporting periods.

 (3) The project proponent must make all practicable efforts to minimise the non-monitored period during a reporting period.

 (4) To avoid doubt, this determination does not prevent the Regulator from taking action under the Act, or regulations or rules made under the Act, in relation to the project proponent’s failure to monitor a parameter as required by the determination.

Note:  Examples of action that may be taken include the following:

(a) if the failure constitutes a breach of a civil penalty provision in section 194 of the Act (which deals with project monitoring requirements), the Regulator may apply for a civil penalty order in respect of the breach;

(b) if false or misleading information was given to the Regulator in relation to the failure, the Regulator may revoke the project’s section 27 declaration under regulations or rules made for the purposes of section 38 of the Act;

(c) if the giving of false or misleading information in relation to the failure led to the issue of Australian carbon credit units, the Regulator may require all or some of those units to be relinquished under section 88 of the Act.