Document ID: chunk:federal_register_of_legislation:F2024L00823:clause:1_32:p1
Version: federal_register_of_legislation:F2024L00823
Segment Type: clause
Provision Reference: sch 1 cl 32 (pt 1/2)
Character Range: 15434–18569

32  Subsection 5.15A(3) (Note 2)
Omit every occurrence of "collection efficiency amount" in Note 2, substitute "collection efficiency limit".

    33  After section 9.17
    Add:

9.18  Amendments made by the National Greenhouse and Energy Reporting (Measurement) Amendment (2024 Update) Determination 2024
         (1)                The amendments made by items 1 to 5 and items 8 to 42 of the National Greenhouse and Energy Reporting (Measurement) Amendment (2024 Update) Determination 2024 applies in relation to:
                    (a) the financial year starting on 1 July 2024; and
                    (b) later financial years.
         (2)                The amendments made by items 6 and 7 of the National Greenhouse and Energy Reporting (Measurement) Amendment (2024 Update) Determination 2024 applies in relation to:
         (a) the financial years beginning at the commencement of those amendments; and
                   (b) later financial years.

         The Regulator may approve transitional use of Method 1 to estimate fugitive emissions of methane from the extraction of coal from open-cut mines
         (3) Despite the amendments made by items 6 and 7 in the National Greenhouse and Energy Reporting (Measurement) Amendment (2024 Update) Determination 2024, Method 1 under paragraph 3.19(2)(a) may be used for a facility in a reporting year, if the Regulator approves an application for that facility to use Method 1.
    (4) An application under subsection (3) must:
           (a)    be in writing;
           (b)    specify a reporting year in which the applicant proposes to use Method 1;
           (c)    be submitted to the Regulator no later than three months prior to the commencement of the reporting year relevant to the application;
           (d)    explain the following:
              (i)     how the applicant has made early and reasonable efforts to use Methods 2 or 3 referred to in subsection 3.19(2) for the relevant reporting year; and
              (ii)   why the applicant is not able to use Methods 2 or 3 referred to in subsection 3.19(2) for the relevant reporting year, due to circumstances outside its control;
           (e)    contain written evidence to support the explanations provided under paragraph 4(d).

Note: An application may only be made in relation to one reporting year. However, more than one application may be made for a facility.

         (5) Despite paragraph (4)(c), the Regulator may at its discretion, consider an application that has been submitted outside of the time period required under that paragraph.
         (6) If the Regulator does not approve an application made under subsection (4), the Regulator must notify the applicant of its decision and provide reasons for this decision.

         Reconsideration of a transitional use decision
         (7) A person who has received a notification under subsection (6) who is dissatisfied with the decision may apply to the Regulator for the Regulator to reconsider the decision.
         (8) An application under subsection (7) must:
                    (a) be in a form approved by the Regulator;