19Emissions intensity determination

19 Emissions intensity determination

(1) If the responsible emitter for an existing facility applies for an emissions intensity determination in accordance with this Subdivision, the Regulator must decide to: (a) make the determination; or (b) refuse to make the determination. (2) The Regulator must not make the determination unless: (a) the audit report that accompanies the application includes: (i) a reasonable assurance conclusion, or a qualified reasonable assurance conclusion, in relation to each of the matters specified in subsection 17(3); and (ii) a limited assurance conclusion, or a qualified limited assurance conclusion, in relation to each of the matters specified in subsection 17(4); and (b) the Regulator is reasonably satisfied, having regard to any matter the Regulator considers relevant, that: (i) the information included in the application is correct; and (ii) any explanation in the application of why the designated historical information about a historical production variable for the facility has not been included in the application is reasonable; and (iii) calculations of amounts of covered emissions of greenhouse gases from the operation of the facility that are included in the application meet the requirements specified in section 15; and (iv) any estimates and assumptions made in accordance with subsection 15(3) and included in the application are reasonable. (3) The determination must be in writing and must specify: (a) the facility‑specific emissions intensity number of: (i) any historical production variable for the facility; and (ii) any transitional production variable for the facility; and (iii) any related production variable for the facility; and (b) the first financial year in relation to which the determination applies. (4) The determination may state 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.

Note: See Subdivision D (related production variables).

(5) The determination: (a) comes into force on the first day of the financial year specified for the purposes of paragraph (3)(b); and (b) applies in relation to the facility for that financial year and each subsequent financial year.

Note: See subsection 22XQ(2) of the Act (commencement of determination).

(6) If the Regulator makes the determination, the Regulator must: (a) notify the applicant for the determination that the Regulator has made the determination; and (b) publish the determination on the Regulator’s website. (7) If the Regulator decides to refuse to make the determination, the Regulator must give the applicant for the determination a written notice of the decision that includes the Regulator’s reasons for the decision.