47Emission units

47 Emission units

47 Emission units

(1) An emission unit belongs to—

(a) if the associated plant commences operation after the commencement of this Regulation—Group 6, or

(b) otherwise—the Group in which the emission unit belonged immediately before the commencement of this Regulation, except as otherwise provided by this section.

(2) An emission unit is taken to belong to Group 6 if—

(a) the emission unit is in another Group, and

(b) the emission unit is altered as a result of—

(i) the modification of development consent under the Environmental Planning and Assessment Act 1979, section 4.55(2), or

(ii) the variation of the licence for the plant, and

(c) the alteration results in 1 or more of the following from the plant of which the emission unit forms part or to which it is attached—

(i) an increase in the emission of air impurities,

(ii) a change in the nature of the air impurities emitted,

(iii) a change in the intensity with which air impurities are emitted.

(3) An emission unit is taken to belong to Group 6 if the emission unit—

(a) replaces an emission unit in a Group other than Group 6, and

(b) is associated with plant operated in the Greater Metropolitan Area.

(4) This section does not apply to an emission unit if the licence for the associated plant continues to include a legacy condition stating the emission unit is taken to belong to a Group other than Group 6.

(5) This section does not affect the Group to which plant associated with the emission unit belongs.

(6) In this section—

associated plant for an emission unit means the plant that the emission unit forms part of or is attached to.