Document ID: chunk:federal_register_of_legislation:C2014A00119:clause:1_210
Version: federal_register_of_legislation:C2014A00119
Segment Type: clause
Provision Reference: sch 1 cl 210
Character Range: 82803–84966

210  Subsection 114(6)
Repeal the subsection, substitute:

Advice given by the Emissions Reduction Assurance Committee
 (6) Before varying a methodology determination, the Minister must request the Emissions Reduction Assurance Committee to advise the Minister about whether the Minister should vary the determination.
Note 1: The Emissions Reduction Assurance Committee must have regard to certain matters in giving advice to the Minister (see section 123A).
Note 2: For variations of a minor nature, see subsection (9).
 (7) In deciding whether to vary a methodology determination, the Minister must have regard to the following:
 (a) any relevant advice given by the Emissions Reduction Assurance Committee under subsection 123A(2);
 (b) such other matters (if any) as the Minister considers relevant.
 (7A) The Minister must not vary a methodology determination so as to extend the crediting periods for the eligible offsets projects covered by the determination unless:
 (a) the Emissions Reduction Assurance Committee has advised the Minister under subsection 123A(2) or paragraph 255(hc) that the variation should be made; and
 (b) the Emissions Reduction Assurance Committee has not previously advised the Minister under subsection 123A(2) or paragraph 255(hc) that the variation should not be made; and
 (c) the determination has not previously been varied so as to extend the crediting periods.
 (7B) The Minister must not vary a methodology determination if the Emissions Reduction Assurance Committee has advised the Minister under subsection 123A(2) that the varied determination does not comply with one or more of the offsets integrity standards.
 (8) If the Minister decides:
 (a) to vary a methodology determination; or
 (b) not to vary a methodology determination;
the Minister must:
 (c) cause a copy of any advice given by the Emissions Reduction Assurance Committee under subsection 123A(2) in relation to the determination to be published on the Department's website; and
 (d) do so as soon as practicable after making the decision.
 (9) Subsections (6), (7), (7B) and (8) do not apply to a variation if the variation is of a minor nature.