85Determination of estimated emission intensity and production variable

85 Determination of estimated emission intensity and production variable

(1) If a calculated‑emissions baseline determination for a facility is made using one or more estimated emissions intensities for one or more production variables, the responsible emitter for the facility may apply to the Regulator to determine the equivalent estimated emissions‑intensities and prescribed (annually adjusted) production variables from Schedule 2 for the facility. (2) After considering an application under subsection (1), the Regulator may make a determination of the equivalent estimated emissions‑intensities and prescribed (annually adjusted) production variables from Schedule 2 for the facility if it is practicable to do so. (3) If the Regulator makes a determination under subsection (2): (a) that estimated emissions‑intensity and prescribed (annually adjusted) production variable must be used in place of the original estimated emissions‑intensity and production variable in making a production‑adjusted baseline determination; (b) if a production‑adjusted baseline determination has already been made at the time of the determination under subsection (2), update that determination to reflect the new estimated emissions‑intensity and prescribed (annually adjusted) production variable with effect from the start of the financial year during which the determination under subsection (2) is made. (4) An application under subsection (1) must be: (a) given in a manner and form approved, in writing, by the Regulator; and (b) made before 1 July 2024. (5) As soon as practicable after making a determination or amending a determination under paragraph (3)(b), the Regulator must: (a) provide written notice of the decision to the responsible emitter for the facility of the determination; and (b) publish the details of the determination on its website. (6) If the Regulator decides not to make a determination under subsection (2), the Regulator must give written notice of the decision to the applicant. (7) A decision to make, or refuse to make, a determination under this section is a reviewable decision under section 56 of the Act.