65Application

65 Application

(1) The responsible emitter for a facility may apply to the Regulator for declaration of a specified period as a declared multi‑year period for a facility (a multi‑year period declaration). (2) However, an application may not be made if the proposed declared multi‑year period would overlap with an existing declared multi‑year period for the facility. (3) The application must: (a) be given in a manner and form approved, in writing, by the Regulator; and (b) specify the facility and declared multi‑year period for which the declaration is sought; and (c) specify the amount of covered emissions (in t CO2‑e) emitted, or reasonably likely to be emitted, for the proposed first financial year of the declared multi‑year period; and (d) include a declaration that the responsible emitter will: (i) during the multi‑year period, conduct one or more activities to reduce the emissions intensity of the production variables for the facility; and (ii) as a result of conducting that activity or those activities, be reasonably likely to prevent an excess emissions situation from existing in relation to the facility for the multi‑year period; and (e) include a plan setting out how conducting that activity or those activities is reasonably likely to enable the responsible emitter to reduce the net emissions number for the facility for the multi‑year period; and (f) include a summary of the plan; and (g) if the responsible emitter is aware of any risks they will breach section 22XF of the Act at the end of the declared multi‑year period—provide an explanation of those risks; and (h) be signed by a responsible financial officer for the responsible emitter or a person authorised by a responsible financial officer for the responsible emitter.

Note: The Regulator is required to publish a summary included in an application for the purpose of paragraph (3)(f): see paragraph 72(1)(d).

(4) An application under subsection (1) must be given to the Regulator no later than the first 15 November after the end of the proposed first financial year of the declared multi‑year period. (5) The responsible emitter for the facility may, by written notice to the Regulator, withdraw an application at any time before the Regulator makes a decision on the application.