Document ID: chunk:federal_register_of_legislation:F2016C00262:clause:1_8:p1
Version: federal_register_of_legislation:F2016C00262
Segment Type: clause
Provision Reference: sch 1 cl 8 (pt 1/3)
Character Range: 33541–36197

8  Meaning of ineligible abatement activity
 (1) An abatement activity that is in operation at a facility to which a facilities project relates is an ineligible abatement activity for the project if:
 (a) the activity is ineligible for the project under subsection (2), (3), (4) or (5); and
 (b) one of the following applies:
 (i) the activity was in operation at the facility for only part of the baseline year;
 (ii) the activity was not in operation at the facility for any part of the baseline year;
 (iii) the activity was in operation at the facility for the whole of the baseline year and there is an increase in abatement from the activity during an NGER reporting year in a reporting period for the project that has a material effect on the project abatement for the project for the NGER reporting year.
 (2) An abatement activity is ineligible for the project under this subsection if:
 (a) the activity is being implemented at the facility as part of another eligible offsets project; or
 (b) the activity was, at any time in the past, implemented at the facility as part of another eligible offsets project and the crediting period for the other project, or if the other project has more than one crediting period, the last crediting period for the other project, has ended.
 (3) An abatement activity is ineligible for the project under this subsection if:
 (a) were the activity to be implemented as a separate offsets project, the activity:
 (i) would not meet the additionality requirements under subsection 27(4A) of the Act; or
 (ii) would be an excluded offsets project; or
 (iii) would be a project covered by the Carbon Credits (Carbon Farming Initiative—Landfill Gas) Methodology Determination 2015; and
 (b) the operation of the activity at the facility, on its own or in combination with one or more activities of a kind mentioned in this subsection or subsection (4) or (5), has a material effect on the project abatement for the project for an NGER reporting year during which the activity is in operation.
 (4) An abatement activity is ineligible for the project under this subsection if:
 (a) the activity results in an increase in the excluded NGER fugitive emissions for the facility; and
 (b) the operation of the activity at the facility, on its own or in combination with one or more activities of a kind mentioned in this subsection or subsection (3) or (5), has a material effect on the project abatement for the project for an NGER reporting year during which the activity is in operation.
 (5) An abatement activity is ineligible for the project under this subsection if:
 (a) the amount by which the activity increases