21Additionality requirements—requirements in lieu of government program requirement

#### 21 Additionality requirements—requirements in lieu of government program requirement (1) For subparagraph 27(4A)(c)(ii) of the Act, this section sets out requirements in lieu of the government program requirement. Project must not include certain activities unless co‑located with other activities (2) An offsets project must not include any of the following activities: (a) the operation of an accredited power station within the meaning of the Renewable Energy (Electricity) Act 2000, except if: (i) the project is an emissions avoidance project that primarily involves the avoidance of methane emissions; or (ii) the power station uses waste coal mine gas that is eligible WCMG, within the meaning of that Act, to generate electricity; or (iii) the power station does not use an eligible energy source, within the meaning of that Act, to generate electricity; (b) the installation of a solar water heater or a small generation unit, within the meaning of the Renewable Energy (Electricity) Act 2000, in relation to which a small‑scale technology certificate has been, or will be, created in accordance with that Act; (c) a recognised energy saving activity, within the meaning of subsection 127(6) of the Electricity Supply Act 1995 (NSW), in respect of which an energy savings certificate has been, or will be, created in accordance with that Act; (d) a prescribed activity, within the meaning of the Victorian Energy Efficiency Target Act 2007 (Vic.), in relation to which an energy efficiency certificate has been, or will be, created in accordance with that Act; (e) an energy efficiency activity, within the meaning of subregulation 23(1) of the Electricity (General) Regulations 2012 (SA) or subregulation 17(1) of the Gas Regulations 2012 (SA), that contributes to the achievement of a retailer’s target under those Regulations; (f) an activity that contributes to the accrual of an energy credit, within the meaning of subregulation 23(1) of the Electricity (General) Regulations 2012 (SA) or subregulation 17(1) of the Gas Regulations 2012 (SA), that may be taken into account in determining whether a retailer’s target under those Regulations has been achieved; (g) an activity that contributes to the achievement of a retailer’s energy savings obligation under the Energy Efficiency (Cost of Living) Improvement Act 2012 (ACT). (3) For the purposes of subsection (2), an offsets project is taken not to include an activity (the first activity) mentioned in that subsection if: (a) the first activity is co‑located with another activity (the second activity); and (b) the second activity is undertaken as part of the project but is not an activity of a kind mentioned in subsection (2); and (c) any carbon abatement that results from the first activity: (i) will not be taken into account in ascertaining the carbon dioxide equivalent net abatement amount for the project under the applicable methodology determination; or (ii) will only have a minor or trivial effect on the carbon dioxide equivalent net abatement amount for the project. Project must not include certain activities (4) An offsets project must not include: (a) the installation of a device that heats water using solar energy but is not a solar water heater within the meaning of the Renewable Energy (Electricity) Act 2000 because the device does not satisfy the conditions set out in subregulation 3A(2) or (3) of the Renewable Energy (Electricity) Regulations 2001; or (b) the installation of a small generation unit (other than the installation of an integrated photovoltaic luminaire unit), within the meaning of the Renewable Energy (Electricity) Act 2000, in relation to which a small‑scale technology certificate cannot be created because the requirements set out in regulation 20AC of the Renewable Energy (Electricity) Regulations 2001 have not been met for the unit. > Note: For the meaning of integrated photovoltaic luminaire unit, see subsection 4(1). Project must not receive funding under particular programs etc. (5) An offsets project must not have received, or be going to receive in accordance with the terms of a contract or other arrangement that has been entered into, funding by way of a grant or other payment under the program known as the 20 Million Trees Programme, administered by the Commonwealth Government, if the funding relates to activities that are, or are to be, undertaken as part of the project.