26Variation by Regulator of emissions intensity determination

26 Variation by Regulator of emissions intensity determination

(1) Subject to subsection (4), if an emissions intensity determination is in force in relation to a facility, the Regulator may vary, in accordance with the process set out in section 28, a facility‑specific emissions intensity number specified in the determination if satisfied that: (a) the amount of covered emissions of greenhouse gases from the operation of the facility during a historical financial year differs by at least 1% from the amount specified in the application for the determination; and (b) the difference is due to: (i) a relevant regulatory change that came into force after the determination was made; or (ii) a different method being used, after the determination was made, to report the facility’s emissions in accordance with the Act; or (iii) a change of activities at the facility after the determination was made. (2) The variation: (a) comes into force on the first day of the first financial year in which: (i) the relevant regulatory change came into force; or (ii) the different method was used; or (iii) the change of activities occurred; 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).

(3) If, under this section, the Regulator varies an emissions intensity determination that is in force in relation to a facility, the Regulator must: (a) notify the responsible emitter for the facility of the variation; and (b) publish the determination, as varied, on the Regulator’s website. (4) The Regulator must not vary the determination if the difference referred to in paragraph (1)(a) is due to an increase in the emissions intensity of a production variable for the facility resulting from a lower method being used instead of a higher method, after the determination was made, to report the facility’s emissions in accordance with the Act. (5) This section does not limit subsection 33(3) of the Acts Interpretation Act 1901. (6) In this section:

higher method has the same meaning as in the NGER (Measurement) Determination.

lower method has the same meaning as in the NGER (Measurement) Determination.

method has the same meaning as in the NGER (Measurement) Determination.

relevant regulatory change means:

(a) an amendment to the NGER Regulations, including a change to the Global Warming Potentials specified for a greenhouse gas in regulation 2.02 of the NGER Regulations; or
(b) an amendment to the NGER (Measurement) Determination; or
(c) an amendment to a fuel standard, within the meaning of the Fuel Quality Standards Act 2000, in force under that Act.