22IPrescribed person—liable entity for future activity

#### 22I Prescribed person—liable entity for future activity If: (a) immediately before a person makes an application in respect of a site and a year, an emissions‑intensive trade‑exposed activity is not yet carried on at the site; and (b) the emissions‑intensive trade‑exposed activity is to be carried on at the site during the application year; and (c) when the emissions‑intensive trade‑exposed activity is first to be carried on at the site the person will have operational control of the facility; and (d) the facility will be the principal facility that is carried on at the site; and (e) the person will be the liable entity for over 30% of the electricity consumed at the site during the application year; and (f) immediately before the day the application is made in relation to the activity, the site and the year there is no valid application before the Regulator, and there is no exemption certificate issued for the activity, the site and the application year; then the person is a prescribed person for the activity, the site and the application year.