25Process for making successor determination

25 Process for making successor determination

(1) If the Regulator proposes to make a successor determination in relation to a facility, the Regulator must notify the responsible emitter for the facility in writing that the Regulator proposes to do so. (2) The notice must: (a) specify: (i) the facility‑specific emissions intensity number of any production variable for the facility that would be specified in the determination; and (ii) the first financial year in relation to which the determination would apply; and (b) invite the responsible emitter to provide a written response to the proposed determination within the period specified in the notice. (3) The notice may request that the responsible emitter provide the Regulator with specified information that the Regulator considers relevant to the proposed determination. (4) Within 30 days after the end of the period specified in the notice, the Regulator must consider the responsible emitter’s response (if any) to the proposed determination and decide to: (a) make the determination; or (b) not make the determination. (5) If the Regulator makes the determination, the Regulator must: (a) notify the responsible emitter that the Regulator has made the determination; and (b) publish the determination on the Regulator’s website.