CLEAN ENERGY ACT 2011 (NO. 131, 2011) - SECT 127 Adjustment of total interim emissions numbers

CLEAN ENERGY ACT 2011 (NO. 131, 2011) - SECT 127

Scope

             (1)  This section applies if:

                     (a)  a person is a liable entity for an eligible financial year (the relevant eligible financial year ); and

                     (b)  the eligible financial year is a fixed charge year; and

                     (c)  the person has one or more provisional emissions numbers under Division 2 of Part 3 for the relevant eligible financial year that are attributable to covered emissions from the operation of a facility; and

                     (d)  any of the following conditions is satisfied:

                              (i)  a report under section 19, 22G or 22X of the National Greenhouse and Energy Reporting Act 2007 was not required in relation to the facility for the previous eligible financial year;

                             (ii)  if one or more persons had a provisional emissions number for the previous eligible financial year, under a particular provision of Division 2 of Part 3 in so far as that provision applies to the facility--the total of those numbers is less than 35,000;

                            (iii)  if one or more persons are reasonably expected to have a provisional emissions number for the relevant eligible financial year, under a particular provision of Division 2 of Part 3 in so far as that provision applies to the facility--the total of those numbers is reasonably expected to be less than 35,000.

For the purposes of paragraph (d), assume that the financial year beginning on 1 July 2011 was an eligible financial year.

Adjustment

             (2)  For the purposes of determining an interim emissions number of the person for the relevant eligible financial year, disregard a provisional emissions number that is, or is likely to be, attributable to covered emissions from the operation of the facility.