Document ID: chunk:federal_register_of_legislation:F2022C00226:reg:15:p1
Version: federal_register_of_legislation:F2022C00226
Segment Type: reg
Provision Reference: reg 15 (pt 1/2)
Character Range: 47569–50605

15  Eligible material

       (1) In relation to a project, eligible material is organic effluent that:
            (a) was produced by either:
                (i) an eligible animal facility; or
                (ii) a facility that produces materials of one or more listed types as a waste stream; and
            (b) either:
                (i) consists of animal effluent; or
                (ii) satisfies the following:
                   (A) the organic effluent consists principally of materials of one or more listed types;
                   (B) if it includes material that is not of a listed type—that material contributes no more than 2% of the methane avoided or combusted by the project over the reporting period;
                   (C) the effluent was not diverted from a facility that is part of an eligible offsets project related to the avoidance of methane emissions; and
            (c) either:
                (i) in the case of a project that is not a restarting biomethane conversion and displacement project, would, in the absence of the declaration of the project as an eligible offset project, have been treated in an anaerobic pond; or
                (ii) in the case of a restarting biomethane conversion and displacement project, would, in the absence of the project's forerunner project having been declared as an eligible offsets project, have been treated in an anaerobic pond.

       (2) For paragraph (1)(c)(i), the project proponent must have evidence that the organic effluent would have been treated in an anaerobic pond that consists of:

            (a) evidence that the organic effluent had previously been treated in an anaerobic pond, for at least 12 months before the project was implemented; or

            (b) if the organic effluent is of a kind specified in the Supplement for the purposes of this paragraph—evidence that satisfies the Regulator that the material would have been treated in an anaerobic pond in the absence of the declaration of the project as an eligible offsets project, being evidence that meets any requirements in the Supplement.

       (3) For paragraph (1)(c)(ii), the project proponent must have evidence that the organic effluent would have been treated in an anaerobic pond that consists of:

           (a) evidence that the organic effluent had previously been treated in an anaerobic pond, for at least 12 months before the project's forerunner project was implemented; or

           (b) if the organic effluent is of a kind specified in the Supplement for the purposes of this paragraph—evidence that satisfies the Regulator that the material would have been treated in an anaerobic pond in the absence of the declaration of the project's forerunner project as an eligible offsets project, being evidence that meets any requirements in the Supplement.

       (4) When applying paragraph (3)(b), references in the Supplement to the project are to be read as references to the forerunner project of the restarting biomethane conversion and displacement