16Covered emissions relevantly associated with a historical production variable

16 Covered emissions relevantly associated with a historical production variable

(1) Covered emissions of greenhouse gases from the operation of a facility during a particular historical financial year are relevantly associated with a historical production variable for the facility in that financial year if those emissions are attributed to the production variable for the financial year in accordance with subsection (2) or (3). Emissions relevant to default emissions intensity (2) Covered emissions of greenhouse gases from the operation of a facility during a particular historical financial year that are of a particular kind are attributed to a production variable for the facility for that financial year if: (a) having regard to the Safeguard Mechanism document, covered emissions of that kind are relevant to the default emissions intensity of that production variable for that financial year; and (b) those emissions are not attributed to another production variable in accordance with this section. (2A) To avoid doubt, the Safeguard Mechanism document may specify that a particular kind of covered emissions is relevant to the default emissions intensity of a production variable notwithstanding that the specified kind of covered emissions was not taken into account when the default emissions intensity was calculated. Emissions from minor emissions sources (3) Covered emissions of greenhouse gases from the operation of a facility during a particular historical financial year are attributed to a production variable for the facility for that financial year if: (a) the emissions come from a minor emissions source for the facility for the historical financial year; and (b) the emissions fairly represent the actual emissions from the production of the production variable; and (c) the emissions are apportioned to the production variable consistently with the NGER (Measurement) Determination; and (d) the emissions are not apportioned to another production variable for the facility for that financial year. (4) In this section, a source of emissions is a minor emissions source for a facility in a historical financial year if the sum of the emissions from that source, and every other minor emissions source for the facility in that historical financial year, is less than 10% of the facility’s total covered emissions in that financial year.