Document ID: chunk:federal_register_of_legislation:F2025C00080:clause:1_9:p2
Version: federal_register_of_legislation:F2025C00080
Segment Type: clause
Provision Reference: sch 1 cl 9 (pt 2/3)
Character Range: 36165–38738

permit under the applicable bushfire legislation;
was carried out:
 (c) during the time allowed under a relevant permit; or
 (d) outside the time allowed under a relevant permit in circumstances where:
 (i) the Regulator is satisfied that there was a reasonable excuse why activities were carried out without a relevant permit; and
 (ii) no one was found by a court to have breached the applicable bushfire legislation because of the failure to obtain a permit; and
 (iii) there is not a history of failure to obtain permits required by the applicable bushfire legislation in relation to the project area since the declaration of the project as an eligible offsets project.
 (7) Subsection (6) does not apply to any part of a reporting period that occurs before 1 May 2018.

Requirement relating to activities to reduce covered emissions of greenhouse gases at designated large facilities
 (8) It is an eligibility requirement that, if the project involved an activity that the project proponent began to undertake after the commencement of this subsection (the new activity), the new activity must not have resulted in carbon abatement of covered emissions of greenhouse gases from the operation of a designated large facility, unless the requirements in subsection (9) have been met.
 (9) The requirements are:
 (a) the new activity was described in the application under section 22 of the Act for the declaration of the project as an eligible offsets project; or
 (b) the project involved another activity (the old activity) that was undertaken and resulted in carbon abatement of covered emissions of greenhouse gases from the operation of the same designated large facility, and the old activity was described in the application under section 22 of the Act for the declaration of the project as an eligible offsets project; or
 (c) all of the following apply:
 (i) the new activity also resulted in carbon abatement of emissions other than covered emissions of greenhouse gases from the operation of the designated large facility;
 (ii) the methodology determination that covers the project provides a method for working out the carbon dioxide equivalent net abatement amount for the project in relation to the reporting period that does not include carbon abatement of covered emissions from the operation of the designated large facility;
 (iii) that method was used when the carbon dioxide equivalent net abatement amount for the project was worked out in relation to the reporting period.
 (10) In subsection (8), operation has the same meaning as in the NGER Act.