(1) The Minister may approve rules for or
with respect to the following matters--
(a) the methodology for calculating
the number of tonnes of carbon dioxide equivalent of greenhouse gas emissions
abated or to be abated by an activity, including activities the subject of
renewable energy certificates,
(b) the methodology for determining the
greenhouse gas benchmark for a benchmark participant,
(c) the methodology for
determining the total number of megawatt hours of electricity supplied or
purchased by a benchmark participant in a compliance period, including
allowances for electricity losses from transmission or distribution to the
point of use and allowances where a participant is responsible for a specified
electricity load,
(d) the methodology for determining the NSW pool
coefficient for greenhouse gas emissions,
(e) the methodology for determining
the estimated State demand for electricity for a year and the proportion of
that demand applicable to a benchmark participant,
(f) the methodology for
determining the State population for a compliance period,
(g) the methodology
for determining whether a benchmark participant has complied with the
participant's greenhouse gas benchmark in any compliance period,
(h) any
other matter for which a greenhouse gas benchmark rule may be made under this
Part,
(i) any other matter prescribed by the regulations.
(2) A rule may
make provision for or with respect to a matter by applying, adopting or
incorporating, with or without modification, the provisions of any Act or
statutory rule or any other publication, whether of the same or of a different
kind.
(3) A rule may--
(a) apply generally or be limited in its application
by reference to specified exceptions or factors, or
(b) apply differently
according to different factors of a specified kind, or
(c) authorise any
matter or thing to be from time to time agreed, determined, applied or
regulated by any specified person or body.
(4) The Minister may from time to
time approve amendments to the rules or a revocation of rules.
(5) If a rule,
or a rule amending or revoking a rule, is approved by the Minister--
(a)
written notice of the approval of the rule must be published in the Gazette,
and
(b) the rule takes effect on the day on which notice is so published or,
if a later day is specified in the rule for commencement, on the later day so
specified, and
(c) the Minister must make available a copy of the rule to
each benchmark participant and make copies available to the public.
(6) A
rule must be consistent with this Act and the regulations.
Editorial note :
For notices of approval of rules under this section see Gazettes No 161 of
3.10.2003, pp 9738, 9765, 9819, 9876, 9907; No 95 of 11.6.2004, pp 3562, 3651;
No 154 of 9.12.2005, p 10316; No 164 of 23.12.2005, p 11541; No 106 of
25.8.2006, p 6726; No 155 of 5.12.2008, p 11790; No 93 of 26.6.2009, p 3621;
No 66 of 21.5.2010, p 2235 (see also No 69 of 28.5.2010, p 2281) and No 111 of
3.9.2010, p 4362. From April 2021, PCO is no longer updating notes in
provisions of in force titles about related gazette notices. To search for
related gazette notices, please use the Gazette Search functionality.
