Document ID: chunk:federal_register_of_legislation:F2024C00846:reg:86
Version: federal_register_of_legislation:F2024C00846
Segment Type: reg
Provision Reference: reg 86
Character Range: 174999–176658

86  Updated emissions intensity for certain changes to NGER (Measurement) Determination
 (1) This section applies to a calculated‑emissions baseline determination or production‑adjusted baseline determination for a facility that:
 (a) is made using one or more estimated emissions intensities for one or more production variables; and
 (b) the estimated emissions‑intensities take into account emissions reported, or to be reported, under Division 3.3 of the NGER (Measurement) Determination as in force before 1 July 2021; and
 (c) the Regulator considers that amendments made by the National Greenhouse and Energy Reporting (2021 Update) Determination 2021 impact the estimated emissions intensity by more than 1%.
 (2) After consulting with the responsible emitter for the facility to which a determination covered by this section applies, the Regulator must amend the determination to take account of the National Greenhouse and Energy Reporting (2021 Update) Determination 2021 (with effect from no earlier than 1 July 2021).
 (3) For subsection (2), the Regulator must take into account the use of method 2 under subsection 2.27 if satisfied that method will be used on an ongoing basis to report emissions from the facility.
 (4) As soon as practicable after amending a determination, the Regulator must:
 (a) provide written notice of the decision to the responsible emitter for the facility of the determination; and
 (b) publish the details of the determination on its website.

Division 5—Application, saving and transitional provisions relating to the National Greenhouse and Energy Reporting (Safeguard Mechanism) Amendment (Reforms) Rules 2023