Document ID: chunk:federal_register_of_legislation:F2022L00046:reg:41:p1
Version: federal_register_of_legislation:F2022L00046
Segment Type: reg
Provision Reference: reg 41 (pt 1/2)
Character Range: 96182–98925

41  Consequences of not meeting requirement to monitor certain parameters
 (1) If, during a particular period (the non-monitored period) in a reporting period, the project proponent fails to monitor fuel use as required for equation 12 for a project area, the value of Ar in equation 2 for that reporting period and that project area is taken to be zero.
 (2) Subsection (1) does not apply if the Regulator determines that:
 (a) either:
 (i) the failure to monitor the parameter is likely to have only a minor or trivial impact on the value of Ar; or
 (ii) alternative means have been applied to monitor the parameter consistently with the monitoring requirements in subsequent reporting periods; and
 (b) the project proponent is taking steps to monitor the parameter consistently with the monitoring requirements in subsequent reporting periods.
 (3) The project proponent must make all practicable efforts to minimise the non-monitored period during a reporting period.
 (4) If the project proponent fails to monitor a project area for the project to identify and record the year that a coastal wetland ecosystem began to establish in the project area, the value of Ar in equation 2 for that project area for each reporting period is taken to be zero.
 (5) Subsection (4) does not apply if the Regulator determines that:
 (a) the failure to monitor a project area for the project to identify and record the year that a coastal wetland ecosystem began to establish in the project area, is likely to have only a minor or trivial impact on the value of Ar; or
 (b) alternative means have been applied to identify and record the year that a coastal wetland ecosystem began to establish in the project area consistently with the monitoring requirements.
 (6) If, during a particular period of at least 12 months (the unmonitored period) in a reporting period, the project proponent fails to monitor a project area for the project for natural disturbance, the value of Ar in equation 2 for that reporting period and that project area is taken to be zero.
 (7) Subsection (6) does not apply if the Regulator determines that:
 (a) either:
 (i) the failure to monitor the parameter is likely to have only a minor or trivial impact on the value of Ar; or
 (ii) alternative means have been applied to monitor the parameter consistently with the monitoring requirements in subsequent reporting periods; and
 (b) the project proponent is taking steps to monitor the parameter consistently with the monitoring requirements in subsequent reporting periods.
 (8) The project proponent must make all practicable efforts to minimise the unmonitored period during a reporting period.
 (9) To avoid doubt, this determination does not prevent the Regulator from