Document ID: chunk:federal_register_of_legislation:F2021C00494:clause:1_11a
Version: federal_register_of_legislation:F2021C00494
Segment Type: clause
Provision Reference: sch 1 cl 11A
Character Range: 13367–15092

11A  Requirements for a restarting flaring project
 (1) A restarting flaring project must:
 (a) have previously been a landfill gas project (other than a restarting flaring project) that generated electricity during its crediting period or periods; and
 (b) collect landfill gas and combust it with a flare; and
 (c) not generate electricity after its declaration as a restarting flaring project; and
 (d) have a crediting period greater than zero under section 13A.
 (2) An application for declaration of a restarting flaring project as an eligible offsets project must include a written statement from the chief executive officer or chief financial officer (however described) of the project proponent of the project that:
 (a) the continued generation of electricity is unlikely to be economic for the site; and
 (b) in the absence of the declaration of the project as an eligible offsets project there is unlikely to be combustion of landfill gas at the site beyond that which will be assumed for the project under section 28; and
 (c) there is no regulatory or contractual obligation which requires combustion of landfill gas at the site beyond that which will be assumed for the project under section 28; and
 (d) consultation under subsection (3) has been undertaken and supports the above statements.
 (3) A person must not provide a statement under subsection (2) without consulting with relevant regulatory authorities and the owners of the landfill site.
 (4) A restarting flaring project is credited under this determination as a new project, a recommencing project, an upgrade project or a transitioning project as it was previously credited as a landfill gas project (other than a restarting flaring project).