28Addition of consumption information—Act, pars 59(2)(d), (3)(b) and (8)(a)

28  Addition of consumption information—Act, pars 59(2)(d), (3)(b) and (8)(a)

 (1) A request must include evidence supporting the request, including evidence relating to:

 (a) the consumption of the product at a facility; and

 (b) the nature of the consumption of the product; and

 (c) the matters mentioned in subsection (3).

 (2) For the purposes of paragraph 59(2)(d) of the Act, the following information is prescribed:

 (a) if the product will be exported to a country in which the scheme known as the European Union’s Renewable Energy Directive II applies—information relevant to the product under that scheme;

 (b) if the product will be exported to a country in which the scheme known as the European Union’s Renewable Energy Directive III applies—information relevant to the product under that scheme.

 (3) In deciding whether to add the information, the Regulator must have regard to the following prescribed matters:

 (a) whether the product could reasonably pass from the delivery gate to the location at which the product is consumed;

 (b) whether the product is consumed at or after the time it reaches the delivery gate;

 (c) if the holder of the consumption profile requests to add information prescribed under subsection (2):

 (i) whether that information accurately represents the product to which the certificate relates; and

 (ii) whether including that information is necessary for the purposes of compliance with the scheme for which the information is relevant;

 (d) if the facility at which the product was produced is subject to a related scheme:

 (i) whether a scheme-related certificate has been created in respect of the product; and

 (ii) whether information on the scheme-related certificate is consistent with information on the PGO certificate.

Example: A consumption profile holder requests that information be added to a certificate that states the product was consumed at facility A. The facility that produced the product is participating in the NSW Greenpower initiative. The Regulator finds a Greenpower certificate that indicates the production time of the product which aligns with the production time specified in the PGO certificate, however, the Greenpower certificate states that the product has been consumed at facility B.

scheme-related certificate, for a product, means a certificate that:

 (a) is issued under a related scheme; and

 (b) relates to the following attributes of the product:

 (i) the emissions associated with the production of the product;

 (ii) the energy use associated with the production of the product.