22ZBFactor—ASP

22ZB Factor—ASP

(1) For the factor ASP in subregulation 22ZA(1), the amount or volume of relevant product for 2010 is the amount or volume: (a) that: (i) was produced by the applicant in the financial year commencing on 1 July 2006, 1 July 2007 or 1 July 2008; or (ii) if no relevant product was produced in any of those financial years—is reasonably likely to be produced in the financial year commencing on 1 July 2009; and (b) that is set out in the application; and (c) that the Regulator is, in accordance with regulation 22ZC, satisfied is accurate or is the best estimate of the amount or volume possible in all the circumstances; and (d) is referrable to the site mentioned in the application. (2) For the factor ASP in subregulation 22ZA(1), the amount or volume relevant product for a year after 2010 is the amount or volume that: (a) is set out in the application; and (b) the Regulator is, in accordance with regulation 22ZC, satisfied: (i) is accurate or the best estimate of the amount or volume possible in all the circumstances; and (ii) has been correctly calculated using the formula in subregulation (3). (2A) For an application relating to an activity mentioned in Part 51 or 52 of Schedule 6 (production of glass wool or coal char) for the year ending 30 June 2013, the factor ASP in subregulation 22ZA(1) is worked out using the formula in subregulation (3) or using the following formula: Start formula ASP equals SP start superscript ia end superscript start subscript 2013 end subscript end formula where:

SPia2013 is the amount or volume of the relevant product produced in the financial year ending 30 June 2013 that is referrable to the site mentioned in the application.

(3) For subparagraph (2)(b)(ii), the formula is:

Start formula SP start superscript ia end superscript start subscript tfinprev end subscript plus EASP start superscript ia end superscript start subscript tfincurr end subscript plus ST start superscript ia end superscript start subscript tfincurr end subscript end formula

where:

SPiatfinprev is, subject to subregulations (4A) and (4B), the amount or volume of the relevant product produced in the financial year that ended 6 months before the year to which the application relates and that is referrable to the site mentioned in the application.

EASPiatfincurr is the new or expected additional production (within the meaning of subregulation 22ZD(1)) for:

(a) the liable entity; and
(b) the site that meets:
(i) for a new entrant—1 of the criteria specified in subregulation 22ZD(3); or
(ii) for a significant expansion—the criteria specified in regulation 22ZD (4).