Document ID: chunk:federal_register_of_legislation:F2015L00060:reg:2
Version: federal_register_of_legislation:F2015L00060
Segment Type: reg
Provision Reference: reg 2
Character Range: 72530–75467

2                                                                     Each of the following:                         The project proponent must make a conservative estimate of the parameter having regard to:
                                                                      (a) FRq (see section 37);                      (a) any relevant measurement or estimation approaches or requirements that apply to the parameter under the NGER (Measurement) Determination; and
                                                                      (b) QBG,h (see subsection 36(2));              (b) any relevant historical data for the project; and
                                                                      (c) QCompost (see subsection 34(6));           (c) any other data for the project that relates to the parameter; and
                                                                      (d) QEG,h (see subsection 36(3));              (d) any other matter the project proponent considers relevant
                                                                      (e) QEP (see subsection 31(1));
                                                                      (f) QF,i (see section 30);
                                                                      (g) tq (see section 37)

 (2) If, during the non‑monitored period, the project proponent fails to monitor parameter DMCompost,j as required by the monitoring requirements, the emissions (ECompost) from enclosed composting technology used during the non‑monitored period, in tonnes CO2‑e, are worked out as follows:
 (a) for any cumulative period of up to 3 months in any 12 months of a crediting period for the project—using sub‑method 1 in subsection 34(6), but multiplying the parameter EFCompost,j by 1.1; and
 (b) for any period in excess of that 3 months—using sub‑method 1 in subsection 34(6), but multiplying the parameter EFCompost,j by 1.5.
 (3) To avoid doubt, this section does not prevent the Regulator from taking action under the Act, or regulations or rules made under the Act, in relation to the project proponent's failure to monitor a parameter as required by the monitoring requirements.
Note: Examples of action that may be taken include the following:
(a) if the failure constitutes a breach of a civil penalty provision in section 194 of the Act (which deals with project monitoring requirements), the Regulator may apply for a civil penalty order in respect of the breach;
(b) if false or misleading information was given to the Regulator in relation to the failure, the Regulator may revoke the project's section 27 declaration under regulations or rules made for the purposes of section 38 of the Act;
(c) if the giving of false or misleading information in relation to the failure led to the issue of Australian carbon credit units, the Regulator may require all or some of those units to be relinquished under section 88 of the Act.