Document ID: chunk:federal_register_of_legislation:F2021L01789:reg:2
Version: federal_register_of_legislation:F2021L01789
Segment Type: reg
Provision Reference: reg 2
Character Range: 141666–144727

2                                                                      Either of the following:                                                                                                                                                 The project proponent must use the estimate of the parameter where:
                                                                       (a) EFi,j, if worked out otherwise than by using a method specified in Schedule 1 to the NGER (Measurement) Determination (apart from during the non‑monitored period);  (a) if the failure relates to baseline emissions —the factor for fuel type i and greenhouse gas j in Schedule 1 to the NGER (Measurement) Determination; and
                                                                       (b) ECi, if worked out otherwise than by using a method specified in Schedule 1 to the NGER (Measurement) Determination (apart from during the non‑monitored period)     (b) if the failure relates to operating emissions —
                                                                                                                                                                                                                                                (i) for any cumulative period of up to 3 months in any 12 months of a crediting period for the project—the factor for fuel type i and greenhouse gas j in Schedule 1 to the NGER (Measurement) Determination multiplied by 1.1; and
                                                                                                                                                                                                                                                (ii) for any cumulative period of up to 3 months in excess of that 3 months—the factor for fuel type i and greenhouse gas j in Schedule 1 to the NGER (Measurement) Determination multiplied by 1.5

 (2) The project proponent must make all practicable efforts to minimise the non-monitored period during a reporting period.
 (3) To avoid doubt, this section does not prevent the Regulator from taking action under the Act, the regulations or legislative rules made under the Act, in relation to the project proponent's failure to monitor a parameter as required by the monitoring requirements.
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;
(c) if the giving of false or misleading information in relation to the failure led to the issue of Australian carbon credit units, the Regulator may require all or some of those units to be relinquished under section 88 of the Act.