Document ID: chunk:federal_register_of_legislation:F2016C00262:clause:1_16:p2
Version: federal_register_of_legislation:F2016C00262
Segment Type: clause
Provision Reference: sch 1 cl 16 (pt 2/2)
Character Range: 48155–49288

to be, no less than 95% of the average emissions per unit of the similar production variable over the most recent NGER reporting year in which the similar production variable was produced;
the project proponent may, subject to subsection (4), choose the new output variable to be part of the similar production variable.
 (4) If:
 (a) the project proponent has chosen a new output variable to be part of a similar production variable under subsection 16(3); and
 (b) the choice was based upon a reasonable expectation that paragraph (3)(d) was satisfied; and
 (c) the average emissions per unit of the new output variable over the first full NGER reporting year after it is introduced is less than 95% of the average emissions per unit of the similar production variable over:
 (i) if the similar production variable was produced in that NGER reporting year—that year; or
 (ii) otherwise—the last earlier NGER reporting year during which the similar production variable was produced;
the project proponent may no longer treat the new output variable as part of the similar production variable for all subsequent NGER reporting years.