Document ID: chunk:federal_register_of_legislation:F2021L01379:reg:37
Version: federal_register_of_legislation:F2021L01379
Segment Type: reg
Provision Reference: reg 37
Character Range: 68854–71163

37  Value of certain parameters may be estimated if project proponent fails to monitor them
 (1) This section applies if in any period in a reporting period the project proponent is unable or fails to monitor a parameter that is required to calculate the carbon dioxide net abatement amount for the reporting period or a future reporting period. In this determination this period is called the non-monitored period.
Note:  Storage site monitoring emissions and storage site fugitive emissions are monitored for each reporting period in the extended accounting period and their cumulative sum is used to calculate the carbon dioxide equivalent net abatement amount for the reporting period in the extended accounting period in which a return event occurs—see section 26.
 (2) In that case, the value of the parameter for that purpose is to be determined for the non-monitored period by the project proponent making a conservative estimate of the parameter having regard to:
 (a) any relevant historical data for the parameter; and
 (b) any other data that relates to the parameter; and
 (c) any other matter the project proponent considers relevant.
 (3) The project proponent must make the estimate clearly distinct from other measured records for consideration during auditing and must clearly document any approaches taken to derive any estimates.
 (4) The project proponent must make all practicable efforts to minimise the non-monitored period during a reporting period.
 (5) To avoid doubt, this section does not prevent the Regulator from taking action under the Act, or the regulations or the legislative rules, in relation to the project proponent's failure to monitor a parameter as required by the monitoring requirements in this Division.
Note: Examples of action that may be taken include the following:
              (a) if the failure constitutes a breach of a civil penalty provision in section 194 of the Act (which deals with project monitoring requirements), the Regulator may apply for a civil penalty order in respect of the breach;
              (b) if false or misleading information was given to the Regulator in relation to the failure, the Regulator may revoke the project's section 27 declaration under regulations or legislative rules made for the purposes of section 38 of the Act.