Document ID: chunk:federal_register_of_legislation:C2025A00009:clause:1_3:p9
Version: federal_register_of_legislation:C2025A00009
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 9/14)
Character Range: 26405–29220

(3) was met at the start time, and has continued to be met since that time; and
 (ii) the conditions in subsections (5) (if applicable) and (7) are met;
then:
 (c) Clean Energy Regulator must, in writing, certify the registered production profile in relation to the facility and the production pathway; and
 (d) the instrument of certification must state that the certification has effect from the start time.

Exception—failure to provide information etc.
 (2) However, the Clean Energy Regulator may refuse to certify a *registered production profile under subsection (1) if:
 (a) the Clean Energy Regulator has given the *holder of the production profile a notice under section 421‑70(1) that relates to the application for certification, requesting that the holder give the Clean Energy Regulator specified information, documents or other materials before a specified time; and
 (b) the holder of the production profile does not comply with the request before the specified time.

Condition relating to facility and production pathway
 (3) The condition in this subsection is that:
 (a) the facility is located on a single site in Australia; and
 (b) the facility has a capacity to produce hydrogen, in accordance with the *production pathway, that is at least equal to that of an electrolyser with a nameplate capacity of 10 megawatts; and
 (c) the production pathway does not involve producing hydrogen using any of the following:
 (i) coal gasification;
 (ii) steam reformation of natural gas (within the meaning of the National Greenhouse and Energy Reporting Act 2007);
 (iii) a process prescribed by the regulations for the purposes of this subparagraph.
Note: The Clean Energy Regulator may prescribe circumstances in which a facility is taken to have the capacity mentioned in paragraph (b) (see section 421‑60).

Condition relating to early investment
 (4) Subsection (5) applies if the start time for the certification (see subsection (1)) is on or after 1 July 2030.
 (5) The condition in this subsection is that a final investment decision was made before 1 July 2030 to:
 (a) construct the facility with a capacity to produce hydrogen, in accordance with the *production pathway, that is at least equal to the nominal capacity of the facility to produce hydrogen in accordance with the production pathway; or
 (b) upgrade the facility so that it has a capacity to produce hydrogen, in accordance with the production pathway, that is at least equal to that nominal capacity.
 (6) For the purposes of subsection (5), the nominal capacity of the facility to produce hydrogen in accordance with the *production pathway is the capacity of the facility, at the start time, to produce hydrogen in accordance with the production pathway.
Note: The Clean Energy Regulator may prescribe how the capacity of a