Document ID: chunk:federal_register_of_legislation:F2025C00080:clause:1_21:p1
Version: federal_register_of_legislation:F2025C00080
Segment Type: clause
Provision Reference: sch 1 cl 21 (pt 1/2)
Character Range: 113718–116605

21  Additionality requirements—requirements in lieu of government program requirement
 (1) For subparagraph 27(4A)(c)(ii) of the Act, this section sets out requirements in lieu of the government program requirement.

Project must not include certain activities unless co‑located with other activities
 (2) An offsets project must not include any of the following activities:
 (a) the operation of an accredited power station within the meaning of the Renewable Energy (Electricity) Act 2000, except if:
 (i) the project is an emissions avoidance project that primarily involves the avoidance of methane emissions; or
 (ii) the power station uses waste coal mine gas that is eligible WCMG, within the meaning of that Act, to generate electricity; or
 (iii) the power station does not use an eligible energy source, within the meaning of that Act, to generate electricity;
 (b) the installation of a solar water heater or a small generation unit, within the meaning of the Renewable Energy (Electricity) Act 2000, in relation to which a small‑scale technology certificate has been, or will be, created in accordance with that Act;
 (c) a recognised energy saving activity, within the meaning of subsection 127(6) of the Electricity Supply Act 1995 (NSW), in respect of which an energy savings certificate has been, or will be, created in accordance with that Act;
 (d) a prescribed activity, within the meaning of the Victorian Energy Efficiency Target Act 2007 (Vic.), in relation to which an energy efficiency certificate has been, or will be, created in accordance with that Act;
 (e) an energy efficiency activity, within the meaning of subregulation 23(1) of the Electricity (General) Regulations 2012 (SA) or subregulation 17(1) of the Gas Regulations 2012 (SA), that contributes to the achievement of a retailer's target under those Regulations;
 (f) an activity that contributes to the accrual of an energy credit, within the meaning of subregulation 23(1) of the Electricity (General) Regulations 2012 (SA) or subregulation 17(1) of the Gas Regulations 2012 (SA), that may be taken into account in determining whether a retailer's target under those Regulations has been achieved;
 (g) an activity that contributes to the achievement of a retailer's energy savings obligation under the Energy Efficiency (Cost of Living) Improvement Act 2012 (ACT).
 (3) For the purposes of subsection (2), an offsets project is taken not to include an activity (the first activity) mentioned in that subsection if:
 (a) the first activity is co‑located with another activity (the second activity); and
 (b) the second activity is undertaken as part of the project but is not an activity of a kind mentioned in subsection (2); and
 (c) any carbon abatement that results from the first activity:
 (i) will not be taken into account in ascertaining the carbon dioxide equivalent net abatement amount