CLEAN ENERGY ACT 2011 (NO. 131, 2011) - SECT 22 Liable entity--holder of a liability transfer certificate
CLEAN ENERGY ACT 2011 (NO. 131, 2011) - SECT 22
Liable entity--holder of a liability transfer certificateScope
(1) This section applies if:
(a) either:
(i) a person was the holder of a liability transfer certificate in relation to a facility (other than a landfill facility) throughout an eligible financial year; or
(ii) a person was the holder of a liability transfer certificate in relation to a facility (other than a landfill facility) for a number of, but not all, days in an eligible financial year (the certificate days ); and
(b) either:
(i) the facility passes the threshold test set out in subsection (4) or (5) for the eligible financial year; or
(ii) the facility is a large gas consuming facility; and
(c) the total amount of covered emissions from the operation of the facility:
(i) if subparagraph (a)(i) applies--during the eligible financial year; or
(ii) if subparagraph (a)(ii) applies--during the certificate days;
has a carbon dioxide equivalence of a particular number of tonnes.
(2) For the purposes of this Act, that number is a provisional emissions number of the person for the eligible financial year.
(3) For the purposes of this Act, the person is a liable entity for the eligible financial year.
Threshold test--whole year
(4) The facility passes the threshold test for the eligible financial year if:
(a) the person was the holder of the liability transfer certificate throughout the eligible financial year; and
(b) during the eligible financial year, the total amount of covered emissions from the operation of the facility had a carbon dioxide equivalence of not less than 25,000 tonnes.
Note: See also section 29 (anti-avoidance).
Threshold test--control days
(5) The facility passes the threshold test for the eligible financial year if:
(a) the person was the holder of the liability transfer certificate for a number of, but not all, days in the eligible financial year (the certificate days ); and
(b) during the certificate days, the total amount of covered emissions from the operation of the facility had a carbon dioxide equivalence of not less than the amount worked out using the formula:
Note: See also section 29 (anti-avoidance).
OTNs--no double counting
(6) If:
(a) the person was the holder of the liability transfer certificate throughout the eligible financial year; and
(b) during the eligible financial year, an amount of covered emissions from the operation of the facility was attributable to the combustion of natural gas that was:
(i) supplied by a natural gas supplier to a person (the recipient ) (who may be the holder); and
(ii) withdrawn from a gas supply pipeline for the purposes of the use that resulted in that combustion; and
(c) the recipient did not quote the recipient's OTN in relation to the supply of the natural gas;
the amount mentioned in paragraph (b):
(d) does not count for the purposes of subsection (1); and
(e) counts for the purposes of paragraph (4)(b).
(7) If:
(a) the person was the holder of the liability transfer certificate for a number of, but not all, days in the eligible financial year (the certificate days ); and
(b) during the certificate days, an amount of covered emissions from the operation of the facility was attributable to the combustion of natural gas that was:
(i) supplied by a natural gas supplier to a person (the recipient ) (who may be the holder); and
(ii) withdrawn from a gas supply pipeline for the purposes of the use that resulted in that combustion; and
(c) the recipient did not quote the recipient's OTN in relation to the supply of the natural gas;
the amount mentioned in paragraph (b):
(d) does not count for the purposes of subsection (1); and
(e) counts for the purposes of paragraph (5)(b).