CLEAN ENERGY ACT 2011 (NO. 131, 2011) - SECT 32A Exempt landfill emissions
CLEAN ENERGY ACT 2011 (NO. 131, 2011) - SECT 32A
Exempt landfill emissionsFor the purposes of this Act, if:
(a) a person is a liable entity for an eligible financial year (the relevant eligible financial year ) under a particular provision of Subdivision B of Division 2 of Part 3 in so far as that provision applies to a particular landfill facility; and
(b) the landfill facility's threshold number for the relevant eligible financial year is 10,000 for the purposes of that provision; and
(c) the following conditions are satisfied in relation to each earlier eligible financial year at any time during which the landfill facility was in existence:
(i) no person was a liable entity for the earlier eligible financial year under Subdivision B of Division 2 of Part 3 in so far as that Subdivision applies to the landfill facility;
(ii) the landfill facility's threshold number for the earlier eligible financial year was 25,000 for the purposes of a provision of that Subdivision; and
(d) an amount of greenhouse gas was emitted from the operation of the landfill facility during:
(i) the relevant eligible financial year; or
(ii) a later eligible financial year; and
(e) waste was accepted by the landfill facility during the period:
(i) beginning on 1 July 2012; and
(ii) ending immediately before the start of the relevant eligible financial year;
so much of the amount mentioned in paragraph (d) as is, under a determination under subsection 10(3) of the National Greenhouse and Energy Reporting Act 2007 , taken to be attributable to waste accepted by the facility during the period mentioned in paragraph (e) is an exempt landfill emission from the operation of the landfill facility.