22Statement about related production variable when emissions intensity determination is already in force

22 Statement about related production variable when emissions intensity determination is already in force

(1) If an emissions intensity determination is in force in relation to a facility, the responsible emitter for the facility may apply, in writing, to the Regulator to vary 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. (2) The Regulator must decide to: (a) make the variation; or (b) refuse to make the variation. (3) The Regulator must not make the variation unless satisfied that the particular production variable and the other production variable meet the requirements of section 23. Notification of decision etc. (4) If the Regulator makes the variation, the Regulator must notify the applicant of the variation and publish the emissions intensity determination, as varied, on the Regulator’s website. (5) If the Regulator decides not to make the variation, the Regulator must give the applicant a written notice of the decision that includes the Regulator’s reasons for the decision. When variation applies (6) A variation under this section applies in relation to the financial year in which the application for the variation was made and each subsequent financial year.