Document ID: chunk:federal_register_of_legislation:F2021L01789:reg:41
Version: federal_register_of_legislation:F2021L01789
Segment Type: reg
Provision Reference: reg 41
Character Range: 72940–75069

41  When an implementation must not be included in calculating the net abatement amount
 (1) For the purposes of working out the carbon dioxide equivalent net abatement amount for a reporting period, the project proponent must not calculate abatement for an implementation for the reporting period if Scenario 1 or Scenario 2 applies.

Scenario 1: When an activity that has not been described to the Regulator is carried out at the site of an existing implementation
 (2) Scenario 1 applies if:
 (a) the project proponent has undertaken an activity (whether the activity is an implementation activity or otherwise) at the site of an implementation; and
 (b) the site of that implementation has previously been described to the Regulator as being part of the project; and
  (c) the activity was not described to the Regulator as an activity, or one of the activities, that constitute the implementation (whether in the section 22 application in relation to the project, or in a statement of activity intent accompanying such an application); and
 (d) the activity contributes more than 10% of the abatement calculated for the implementation in the reporting period; and
 (e) the activity has not been described in an updated statement of activity intent provided to the Regulator together with the offsets report relating to the reporting period in which the activity was completed.

Scenario 2: When an implementation that has not been described to the Regulator is carried out
 (3) Scenario 2 applies if:
 (a) after a project was declared to be an eligible offsets project, the project proponent has undertaken an implementation; and
 (b) that implementation was not described to the Regulator as being part of the project before the implementation commenced (whether in the section 22 application in relation to the project, or in a statement of activity intent accompanying such an application); and
 (c) the implementation has not been described in an updated statement of activity intent provided to the Regulator together with the offsets report relating to the reporting period in which the implementation was completed.