Document ID: chunk:federal_register_of_legislation:C2014A00119:clause:1_389
Version: federal_register_of_legislation:C2014A00119
Segment Type: clause
Provision Reference: sch 1 cl 389
Character Range: 133786–135100

389  Transitional—ERF transitional application

Scope
(1) This item applies if a person makes an ERF transitional application for the declaration of an offsets project as an eligible offsets project.

New law applies subject to certain modifications
(2) The new law applies for the purposes of the Regulator making a decision on the application, subject to the following modifications:
 (a) paragraph 27(4)(d) and section 41 of the old law (additionality test) apply instead of paragraph 27(4)(d) and subsection 27(4A) of the new law;
 (b) if the applicant was a recognised offsets entity (within the meaning of the old law) immediately before the commencement of this item—the applicant is taken to have satisfied the requirement set out in paragraph 27(4)(f) of the new law immediately after the commencement of this item;
 (c) if, before the commencement of this item, the applicant made an application under section 60 of the old law for recognition as an offsets entity, but that application has not been accepted or refused—the Regulator may take information set out in the section 60 application into account in deciding whether the applicant satisfies the requirement in paragraph 27(4)(f) of the new law;
 (d) subsections 27(15) and (16) of the old law apply instead of subsection 27(15) of the new law.