Document ID: chunk:federal_register_of_legislation:C2024C00490:section:27:p2
Version: federal_register_of_legislation:C2024C00490
Segment Type: section
Provision Reference: s 27 (pt 2/4)
Character Range: 85667–88571

see section 56.
 (4A) The additionality requirements mentioned in paragraph (4)(d) are:
 (a) either:
 (i) the requirement (the newness requirement) that the project has not begun to be implemented; or
 (ii) if the methodology determination that covers the project specifies, for the purposes of this subparagraph, one or more requirements that are expressed to be in lieu of the newness requirement—those requirements; and
 (b) either:
 (i) the requirement (the regulatory additionality requirement) that the project is not required to be carried out by or under a law of the Commonwealth, a State or a Territory; or
 (ii) if the methodology determination that covers the project specifies, for the purposes of this subparagraph, one or more requirements that are expressed to be in lieu of the regulatory additionality requirement—those requirements; and
 (c) either:
 (i) the requirement (the government program requirement) that the project would be unlikely to be carried out under another Commonwealth, State or Territory government program or scheme in the absence of a declaration of the project as an eligible offsets project; or
 (ii) if the legislative rules specify, for the purposes of this subparagraph, one or more requirements that are expressed to be in lieu of the government program requirement—those requirements.
 (4B) For the purposes of subparagraph (4A)(a)(i), in determining whether the project has begun to be implemented, disregard any of the following activities that have been, or are being, undertaken in relation to the project:
 (a) conducting a feasibility study for the project;
 (b) planning or designing the project;
 (c) obtaining regulatory approvals for the project;
 (d) obtaining consents relating to the project;
 (e) obtaining advice relating to the project;
 (f) conducting negotiations relating to the project;
 (g) sampling to establish a baseline for the project;
 (h) an activity specified in the legislative rules;
 (i) an activity that is ancillary or incidental to any of the above activities.
 (4C) For the purposes of subparagraph (4A)(a)(i), the following are examples of when a project has begun to be implemented:
 (a) making a final investment decision in relation to the project;
 (b) acquiring or leasing a tangible asset (other than land) that is for use wholly or mainly for the purposes of the project;
 (c) commencing construction work for the purposes of the project;
 (d) in the case of a sequestration offsets project—preparing soil for seeding or planting that is for the purposes of the project;
 (e) in the case of a sequestration offsets project—seeding, planting or fertilising plants that are for the purposes of the project;
 (f) in the case of a sequestration offsets project—installing an irrigation or drainage system for the purposes of the project.
 (4D) For the purposes of paragraph (4C)(a), final investment decision has the