Document ID: chunk:federal_register_of_legislation:F2024C01008:reg:48
Version: federal_register_of_legislation:F2024C01008
Segment Type: reg
Provision Reference: reg 48
Character Range: 48971–51404

48  Grandfathered quota—first HFC quota allocation period

Entitlement
 (1) A person is entitled to an amount of grandfathered quota for each of 2018 and 2019 if:
 (a) the person applies in accordance with regulation 44 for HFC quotas for the years; and
 (b) the person holds an SGG licence that covers the whole of the first HFC quota allocation period; and
 (c) the person engaged in a licensed regulated HCFC activity or licensed regulated HFC activity at any time during 2009 to 2014.

Amount
 (2) The amount of grandfathered quota to which a person is entitled for 2018 or 2019 (the allocation year) is the amount worked out using the following formula:
where:
amount of licensed activities of a person means the sum of:
 (a) 75% of the total quantity (including nil) of HCFCs, expressed in CO2e megatonnes, involved in licensed regulated HCFC activities engaged in by the person during 2009 to 2014; and
 (b) the total quantity (including nil) of HFCs, expressed in CO2e megatonnes, involved in licensed regulated HFC activities engaged in by the person during 2009 to 2014.
total amount of licensed activities means the sum of the amounts of licensed activities of each person who is entitled to grandfathered quota for the allocation year.

Importations of HCFCs in excess of HCFC quota disregarded
 (3) Subsection (4) applies if:
 (a) the total quantity (the year's total) of HCFCs, expressed in ODP tonnes, involved in licensed regulated HCFC activities engaged in by a person during a calendar year in a quota period (within the meaning of section 23A of the Act); exceeds
 (b) half of the HCFC quota allocated to the person for the quota period.
 (4) For the purposes of paragraph (a) of the definition of amount of licensed activities in subregulation (2), the quantity of HCFCs, expressed in ODP tonnes, involved in a particular licensed regulated HCFC activity engaged in by the person during the year is taken to be the amount worked out using the following formula:

Exports of HFCs disregarded
 (5) For the purposes of paragraph (b) of the definition of amount of licensed activities in subregulation (2), any quantities of HFCs exported by a person during 2009 to 2014 are disregarded.
Note: Subsection 36B(2) of the Act reduces the quantity of HFCs that is taken to be involved in regulated HFC activities engaged in by an SGG licensee in a period by the quantity of HFCs exported by the licensee in the period.