Document ID: chunk:federal_register_of_legislation:F2024C00936:reg:24:p6
Version: federal_register_of_legislation:F2024C00936
Segment Type: reg
Provision Reference: reg 24 (pt 6/52)
Character Range: 55856–58696

for activities conducted on or after 1 July 2023, nominate the cement production activities at different sites that are to form part of the same single undertaking or enterprise.
 (3) The Regulator must approve the nomination if the Regulator is satisfied that:
 (a) all the activities at the different sites listed in the nomination are cement production activities; and
 (b) if the person who made the nomination has overall control in relation to the cement production activities in accordance with subregulation 2.14(2)—all the other persons who could have satisfied subregulation 2.14(1) at the time the nomination was made have indicated their agreement with the nomination.

When nomination is in effect
 (4) A nomination approved under this regulation takes effect on:
 (a) the 1 July of the financial year in which the nomination is approved; or
 (b) in the circumstances covered by subregulation (5)—the day on which the later nomination is approved.
 (5) The circumstances covered by this subregulation in relation to a nomination (the later nomination) are as follows:
 (a) a nomination by another person (the earlier nomination) has been in effect in relation to cement production activities;
 (b) that other person no longer has overall control in relation to the cement production activities;
 (c) a person currently with overall control in relation to the cement production activities makes the later nomination;
 (d) the later nomination is approved.
 (6) A nomination approved under this regulation ceases to have effect:
 (a) on the day the Regulator revokes the nomination or such other day as specified in the revocation request (if any); or
 (b) for the earlier nomination in the circumstances covered by subregulation (5)—at the end of the day before the day the later nomination is approved.

Revoking an approved nomination
 (7) The Regulator must revoke a nomination approved under this regulation if the person who made the nomination requests the Regulator revoke the nomination.
 (8) The Regulator may revoke a nomination approved under this regulation if:
 (a) the Regulator becomes aware of circumstances relating to the cement production activities or sites listed in the nomination; and
 (b) as a result of those circumstances, the Regulator is no longer satisfied of the matters in subregulation (3); and
 (c) the person who made the nomination has not made a request to vary or revoke the nomination within 60 days of those circumstances occurring.
 (9) The Regulator may also revoke a nomination approved under this regulation if:
 (a) the Regulator becomes aware that the person who made the nomination no longer has overall control in relation to the cement production activities listed in the nomination; and
 (b) within 60 days of that person ceasing to have overall control in relation to the cement