24Successor determination for restructured facility

24 Successor determination for restructured facility

(1) This section applies if an activity, or a series of activities, that constitutes a facility (the original facility) in relation to which an emissions intensity determination is in force: (a) ceases to constitute the original facility; and (b) either: (i) begins to constitute one or more other facilities; or (ii) becomes included in the activity, or series of activities, that constitutes another facility.

Note: See the definition of facility in section 9 of the Act.

(2) The Regulator may make a determination in relation to a facility covered by paragraph (1)(b) (a successor facility) in accordance with the process set out in section 25. (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 successor facility that was also a historical production variable for the original facility; and (ii) any related production variable for the successor facility that was also a related production variable for the original facility; and (iii) any transitional production variable for the successor facility that was also a transitional production variable for the original facility; and (b) the first financial year in relation to which the determination applies. (4) In making the determination, the Regulator may have regard to any matter the Regulator considers relevant. (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 successor facility for that financial year and each subsequent financial year.

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