Document ID: chunk:federal_register_of_legislation:F2017C00466:clause:2_9:p1
Version: federal_register_of_legislation:F2017C00466
Segment Type: clause
Provision Reference: sch 2 cl 9 (pt 1/2)
Character Range: 21969–24693

9  Requirements for herds of the project
Requirements for a herd at time of application
 (1) A herd must not be specified in a section 22 application or an application under subsection 8(3) unless:
 (a) it has satisfied the following since the beginning of its emissions intensity reference period:
 (i) the separate business operation requirement (section 10);
 (ii) the herd continuity requirement (section 11);
 (iii) the herd management requirement (section 14);
 (iv) the animal identification requirement (section 15); and
 (b) it is either a full data herd or a limited data herd.
 (2) A limited data herd must not be specified in a section 22 application or an application under subsection 8(3) unless:
 (a) there is at least one full data herd (a reference herd for the limited data herd) that is, or was, specified in the section 22 application; and
 (b) the limited data herds together had a smaller number of cattle on their baseline references dates than the reference herds together had on their baseline reference dates.
 (3) A herd must not be specified in a section 22 application or an application under subsection 8(3) unless it can be expected to satisfy the following for the period from the date of the relevant application to the end of the crediting period:
 (a) the separate business operation requirement (section 10);
 (b) the herd continuity requirement (section 11);
 (c) the movement of cattle requirement (section 12);
 (d) the co-grazing requirement (section 13); the
 (e) the herd management requirement (section 14);
 (f) the animal identification requirement (section 15).
Effect of herd ceasing to exist or failing to comply with herd continuity requirement
 (4) If, during:
 (a) the period beginning on the date of the relevant application for a herd of the project and ending immediately before the first assessment year for the herd; or
 (b) an assessment year for the herd;
  either:
 (c) the business operation to which the herd relates ceases to exist (because the business operation that it relates to ceases to exist); or
 (d) the herd fails to satisfy the herd continuity requirement (section 11);

  the herd is taken to continue to exist as a herd of the project, with zero members, from the beginning of that period until the end of the crediting period.
Note: An offsets report will be required to record the herd as existing, but as having had zero members.
Effect of failure to comply with another requirement listed in subsection (3)
 (5) If a herd of the project fails or ceases to satisfy any other provision listed in subsection (3) for an assessment year, the herd is taken, for the purposes of abatement calculations and offsets reports only, to have had zero members