62Issue of exemption declaration

62 Issue of exemption declaration

Scope (1) This section applies if an application under section 60 has been made for an exemption declaration for a facility for a monitoring period. Issue of exemption declaration (2) If the Regulator is satisfied that: (a) disregarding subsections 22XK(2) and (3) of the Act, the net emissions number for the facility for the monitoring period exceeds the baseline emissions number for the facility for the monitoring period; and (b) that excess is the direct result of either or both of the following: (i) a natural disaster; (ii) criminal activity; and (c) if the excess relates to criminal activity—the responsible emitter: (i) had, before the criminal activity occurred, taken reasonable steps to mitigate risks that criminal activity could result in an excess; and (ii) has, after the criminal activity occurred, taken reasonable steps to mitigate the likelihood of an excess as a result of the criminal activity; and (iii) the responsible emitter was not complicit in the criminal activity; and (d) if the excess relates to a natural disaster—the responsible emitter: (i) had, before the natural disaster occurred, taken reasonable steps to mitigate risks that a natural disaster could result in an excess; and (ii) has, after the natural disaster occurred, taken reasonable steps to mitigate the likelihood of an excess as a result of the natural disaster; the Regulator must issue an exemption declaration for the facility for the monitoring period. Timing (3) The Regulator must take all reasonable steps to ensure that a decision is made on the application: (a) if the Regulator requires the applicant to give further information under subsection 61(1) in relation to the application—within 60 days after the applicant gave the Regulator the information; or (b) otherwise—within 60 days after the application was made. Notification (4) As soon as practicable after making an exemption declaration, the Regulator must: (a) provide written notice of the declaration to the responsible emitter for the facility covered by the declaration; and (b) publish the details of the declaration on its website. Refusal (5) If the Regulator decides to refuse to issue an exemption declaration, the Regulator must give written notice of the decision to the applicant.