Document ID: chunk:federal_register_of_legislation:F2024C00846:reg:19
Version: federal_register_of_legislation:F2024C00846
Segment Type: reg
Provision Reference: reg 19
Character Range: 55445–58340

19  Emissions intensity determination
 (1) If the responsible emitter for an existing facility applies for an emissions intensity determination in accordance with this Subdivision, the Regulator must decide to:
 (a) make the determination; or
 (b) refuse to make the determination.
 (2) The Regulator must not make the determination unless:
 (a) the audit report that accompanies the application includes:
 (i) a reasonable assurance conclusion, or a qualified reasonable assurance conclusion, in relation to each of the matters specified in subsection 17(3); and
 (ii) a limited assurance conclusion, or a qualified limited assurance conclusion, in relation to each of the matters specified in subsection 17(4); and
 (b) the Regulator is reasonably satisfied, having regard to any matter the Regulator considers relevant, that:
 (i) the information included in the application is correct; and
 (ii) any explanation in the application of why the designated historical information about a historical production variable for the facility has not been included in the application is reasonable; and
 (iii) calculations of amounts of covered emissions of greenhouse gases from the operation of the facility that are included in the application meet the requirements specified in section 15; and
 (iv) any estimates and assumptions made in accordance with subsection 15(3) and included in the application are reasonable.
 (3) The determination must be in writing and must specify:
 (a) the facility‑specific emissions intensity number of:
 (i) any historical production variable for the facility; and
 (ii) any transitional production variable for the facility; and
 (iii) any related production variable for the facility; and
 (b) the first financial year in relation to which the determination applies.
 (4) The determination may state that:
 (a) a particular production variable for the facility is a related production variable for the facility; and
 (b) another specified production variable for the facility is the comparative production variable for that related production variable.
Note: See Subdivision D (related production variables).
 (5) The determination:
 (a) comes into force on the first day of the financial year specified for the purposes of paragraph (3)(b); and
 (b) applies in relation to the facility for that financial year and each subsequent financial year.
Note: See subsection 22XQ(2) of the Act (commencement of determination).
 (6) If the Regulator makes the determination, the Regulator must:
 (a) notify the applicant for the determination that the Regulator has made the determination; and
 (b) publish the determination on the Regulator's website.
 (7) If the Regulator decides to refuse to make the determination, the Regulator must give the applicant for the determination a written notice of the decision that includes the Regulator's reasons for the decision.