Ozone Protection and Synthetic Greenhouse Gas Management (Non-grandfathered Quota- 2022-2023) Determination 2021
1Ozone Protection and Synthetic Greenhouse Gas Management (Non-grandfathered Quota- 2022-2023) Determination 2021
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Ozone Protection and Synthetic Greenhouse Gas Management (Non-grandfathered i Quota—2022-2023) Determination 2021
Section 1
1 Name
This instrument is the Ozone Protection and Synthetic Greenhouse Gas Management (Non-grandfathered Quota—2022-2023) Determination 2021.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
The whole of this instrument The day after this instrument is registered.
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under subregulation 51(4) of the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995.
4 Simplified outline of this instrument
Section 5
5 Definitions
In this instrument:
Act means the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989.
CO2e means carbon dioxide equivalent.
CO2e tonne means 1/1,000,000 of a CO2e megatonne.
eligible applicant means a person who is entitled to non-grandfathered quota for the HFC quota allocation period 2022-2023 pursuant to subregulation 51(1) of the Regulations, other than the Commonwealth.
Note: For entitlement to non-grandfathered quota, see subregulation 51(1) of the Regulations
eligible applicant entitlement amount means the amount equal to:
(the non-grandfathered HFC industry limit - 130 CO2e tonnes)
÷
the number of eligible applicants who apply for non-grandfathered quota under section 6(a)
non-grandfathered HFC industry limit means 0.3125 CO2e megatonnes.
Note: The non-grandfathered HFC industry limit is the non-grandfathered percentage (5%) of the HFC industry limit (6.25 CO2e megatonnes) for the years in the third HFC quota allocation period.
Regulations means the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995.
Note 1: A number of expressions used in this instrument are defined in the Act, including the following:
(a) CO2e megatonnes; and
(b) HFC quota.
Note 2: A number of expressions used in this instrument are defined in the Regulations, including the following:
(a) non-grandfathered quota; and
(b) HFC quota allocation period.
6 Entitlement
For the purposes of paragraph 51(4)(a) of the Regulations, a person is entitled to non-grandfathered quota for each of the years 2022-2023 if:
(a) the person is an eligible applicant and that person makes an application for non-grandfathered quota; or
(b) the person is the Commonwealth, as represented by the Department of Agriculture, Water and the Environment.
Section 7
7 Amount
For the purposes of paragraph 51(4)(b) of the Regulations, the amount of
non-grandfathered quota to which a person is entitled for each of the years 2022-2023 is:
(a) for an eligible applicant – the eligible applicant entitlement amount; or
(b) for the Commonwealth, as represented by the Department of Agriculture, Water and the Environment – 130 CO2e tonnes.