28Process for making variation

28 Process for making variation

(1) If the Regulator proposes to vary a facility‑specific emissions intensity number specified in an emissions intensity determination that is in force 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 the facility‑specific emissions intensity number of any production variable for the facility that would be specified in the determination as varied; and (b) invite the responsible emitter to provide a written response to the proposed variation 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 variation. (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 variation, and any information obtained under section 27 that the Regulator considers relevant to the proposed variation, and decide to: (a) make the variation; or (b) not make the variation. (5) The variation must be made before the end of the first 31 January after the first financial year in relation to which the variation is to apply. (6) If the Regulator makes the variation, the Regulator must: (a) notify the responsible emitter that the Regulator has made the variation; and (b) publish the determination, as varied, on the Regulator’s website.