Document ID: chunk:federal_register_of_legislation:F2024C01008:reg:62
Version: federal_register_of_legislation:F2024C01008
Segment Type: reg
Provision Reference: reg 62
Character Range: 70959–72924

62  Allocating reserve HFC quotas
 (1) The Minister may allocate a reserve HFC quota to a person for a calendar year if:
 (a) the person applies in accordance with regulation 61 for a reserve HFC quota for the calendar year; and
 (b) the Minister is satisfied that there are one or more consignments of HFCs in relation to which the following conditions are satisfied:
 (i) the person ordered the consignments before 1 October of the previous calendar year;
 (ii) at the time the order was placed, it was reasonable to expect that the consignments would be imported before the end of the previous calendar year;
 (iii) the importation of the consignments was, or is likely to be, delayed until the calendar year, for reasons outside of the person's control; and
 (c) the Minister is satisfied that the sum of the following will not be more than the person's HFC quota for the previous calendar year:
 (i) the total quantity of HFCs, expressed in CO2e megatonnes, involved in regulated HFC activities engaged in by the person during the previous calendar year;
 (ii) the total quantity of HFCs, expressed in CO2e megatonnes, in the consignments covered by paragraph (1)(b) in relation to the person.
 (2) The size of a reserve HFC quota allocated to a person for the calendar year is the amount determined by the Minister, which must not exceed the quantity of HFCs, expressed in CO2e megatonnes, in the consignments covered by paragraph (1)(b) in relation to the person.
Note: Subsection 36G(4) of the Act provides that the sum of the amounts of all reserve HFC quotas allocated for a calendar year (including any part of that year) must not be more than the reserve HFC quota limit for that year.
 (3) A reserve HFC quota is allocated by written notice given to the person.
 (4) The notice must:
 (a) specify the size of the reserve HFC quota; and
 (b) specify the calendar year for which the quota is allocated.

Subdivision 4A.4.3—Correcting reserve HFC quotas