Document ID: chunk:federal_register_of_legislation:C2024C00490:section:106:p1
Version: federal_register_of_legislation:C2024C00490
Segment Type: section
Provision Reference: s 106 (pt 1/2)
Character Range: 206379–209278

106  Methodology determinations
 (1) The Minister may, by legislative instrument, make a determination that:
 (a) is expressed to apply to a specified kind of offsets project; and
 (b) sets out requirements that must be met for such a project to be an eligible offsets project; and
 (c) provides that, if such a project is an eligible offsets project, the carbon dioxide equivalent net abatement amount for the project in relation to a reporting period for the project is taken, for the purposes of this Act, to be equal to the amount ascertained using a method specified in, or ascertained in accordance with, the determination.
Note 1: For declarations of eligible offsets projects, see section 27.
Note 2: See also subsection 27(4A) in relation to certain additionality requirements that may be specified in a methodology determination.
Note 3: See also sections 69, 70 and 71 in relation to specifying a crediting period in a methodology determination.
Note 4: See also paragraph 76(4)(e) in relation to specifying in a methodology determination the deadline for giving an offsets report.
Note 5: See also subsection 77A(2) in relation to setting out in a methodology determination requirements relating to the division of an offsets project into 2 or more parts.
 (2) A determination under subsection (1) is to be known as a methodology determination.
 (3) A methodology determination that applies to a particular kind of offsets project may provide that, if such a project is an eligible offsets project, the project proponent for the project is subject to any or all of the following requirements:
 (a) specified requirements to include specified information relating to the project in each offsets report about the project;
 (b) specified requirements to notify one or more matters relating to the project to the Regulator;
 (c) specified record‑keeping requirements relating to the project;
 (d) specified requirements to monitor the project.
 (4) In deciding whether to make a methodology determination, the Minister must have regard to the following:
 (a) whether the determination complies with the offsets integrity standards;
 (b) any advice that the Emissions Reduction Assurance Committee has given to the Minister under subsection 123A(2) in relation to the making of the determination;
 (c) whether any adverse environmental, economic or social impacts are likely to arise from the carrying out of the kind of project to which the determination applies;
 (d) such other matters (if any) as the Minister considers relevant.
 (4AA) The Minister must not make a methodology determination unless the Minister is satisfied that the determination complies with the offsets integrity standards.
 (4A) The Minister must not make a methodology determination unless a method specified in, or ascertained in accordance with, the determination in accordance with paragraph (1)(c) provides that