68

68 Variation or revocation of multi‑year period declaration on request

(1) The responsible emitter for a facility may apply to the Regulator to: (a) reduce the length of the declared multi‑year period in a multi‑year period declaration by 1 or more years, down to a minimum of 2 years; or (b) extend the length of a declared multi‑year period in a multi‑year period declaration by 1 or more years, up to a maximum of 5 years; or (c) revoke the multi‑year period declaration. (2) The application must: (a) be given in a manner and form approved, in writing, by the Regulator; and (b) specify the facility and multi‑year period declaration to be varied or revoked; and (c) include the reasons for the proposed variation or revocation; and (d) if the variation or revocation would impact the length of a monitoring period for a person other than the applicant—include the written consent of that person to the making of the application. (3) After considering an application which complies with subsection (1) and (2), the Regulator may vary or revoke the multi‑year period declaration as requested by the applicant.

Note: See also section 90 (Regulator must not extend multi‑year period declaration in force before 1 July 2023).

Notification (4) As soon as practicable after varying or revoking a multi‑year period declaration, the Regulator must: (a) provide written notice of the decision to the responsible emitter for the facility for the declared multi‑year period covered by the multi‑year period declaration; and (b) publish the details of the variation or revocation of the multi‑year period declaration on its website. Refusal (5) If the Regulator decides not to vary or revoke a multi‑year period declaration, the Regulator must give written notice of the decision to the applicant. (6) To avoid doubt, a decision to decide to vary or revoke, or decide not to vary or revoke, a multi‑year period declaration under this section is a reviewable decision under section 56 of the Act.