National Greenhouse and Energy Reporting (Safeguard Mechanism) Rule 2015
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National Greenhouse and Energy Reporting (Safeguard Mechanism) Rule 2015
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Turn the raw legal text into a practical explanation grounded in National Greenhouse and Energy Reporting (Safeguard Mechanism) Rule 2015.
(1) The responsible emitter for an existing facility may apply to the Regulator for an emissions intensity determination. (2) The application must be made: (a) in a manner and form approved, in writing, by the Regulator; and (b) before the end of the due date for the application, unless the Regulator agrees to accept the application after that date.
Note 1: For the due date for the application, see section 52.
Note 2: For withdrawal of the application, see section 53.
(3) The application must specify: (a) the first financial year in relation to which the determination would apply; and (b) the historical production variables (if any) for the facility; and (c) for each historical financial year—a calculation, in accordance with section 15, of the amount of covered emissions of greenhouse gases (in t CO2‑e) from the operation of the facility during the historical financial year; and (d) the estimates and assumptions (if any) made in accordance with subsection 15(3); and (e) the transitional production variables (if any) for the facility. (4) For each historical production variable for the facility, the application must, to the extent reasonably practicable, include the designated historical information about the production variable. (5) The following information is the designated historical information about a historical production variable for a facility: (a) the quantity of the production variable in each historical financial year that is measured in accordance with any measurement requirements or procedures specified in Schedule 1 in relation to the production variable; (b) the amount of covered emissions of greenhouse gases (in t CO2‑e) relevantly associated with the production variable in each historical financial year.
Note: See the definition of relevantly associated with in section 16.
(6) If the application does not include the designated historical information about a historical production variable for the facility, the application must include an explanation of why such information has not been included. (7) If a greenhouse gas other than carbon dioxide comprises more than 1% of the covered emissions relevantly associated with a production variable for the facility in a particular historical financial year, the application must specify the amount of that gas (in t CO2‑e). (8) The application may include a request for the determination to include a statement that: (a) a particular production variable for the facility is a related production variable for the facility; and (b) another specified production variable for the facility is the comparative production variable for that related production variable.