Document ID: chunk:federal_register_of_legislation:C2009A00087:clause:2_22l
Version: federal_register_of_legislation:C2009A00087
Segment Type: clause
Provision Reference: sch 2 cl 22L
Character Range: 24973–27184

22L  Issue of reporting transfer certificate

Scope
 (1) This section applies if an application under section 22K has been made for a reporting transfer certificate in relation to a facility.

Issue of certificate
 (2) After considering the application, the Greenhouse and Energy Data Officer may issue to the applicant a reporting transfer certificate in relation to the facility.

Criteria for issue of certificate
 (3) The Greenhouse and Energy Data Officer must not issue the reporting transfer certificate unless the Greenhouse and Energy Data Officer is satisfied that:
 (a) the applicant passes the reporting transfer test in relation to the facility; and
 (b) the applicant has, and is likely to continue to have:
 (i) the capacity; and
 (ii) the access to information;
  necessary for it to comply with obligations that will be imposed on the applicant by this Act in relation to the facility if the certificate is issued; and
 (c) at least one of the following conditions has been, or is likely to be, satisfied:
 (i) during an interim financial year, the operation of the facility causes emissions of greenhouse gases that have a carbon dioxide equivalence of 25 kilotonnes or more;
 (ii) during an interim financial year, the operation of the facility causes production of energy of 100 terajoules or more;
 (iii) during an interim financial year, the operation of the facility causes consumption of energy of 100 terajoules or more; and
 (d) if the regulations specify one or more other requirements—those requirements are met.

Timing
 (4) The Greenhouse and Energy Data Officer must take all reasonable steps to ensure that a decision is made on the application:
 (a) if the Greenhouse and Energy Data Officer requires the applicant to give further information under subsection 22KA(1) in relation to the application—within 90 days after the applicant gave the Greenhouse and Energy Data Officer the information; or
 (b) otherwise—within 90 days after the application was made.

Refusal
 (5) If the Greenhouse and Energy Data Officer decides to refuse to issue the reporting transfer certificate, the Greenhouse and Energy Data Officer must give written notice of the decision to the applicant.