Climate Change Response (Emissions Trading Reform) Amendment Bill

  • enacted
90 New section 91A inserted (Correction of unique emissions factors)

After section 91, insert:

91A Correction of unique emissions factors

(1)

If the EPA is satisfied that the unique emissions factor approved for a participant under section 91 is incorrect for any reason, the EPA may amend the approval to correct the unique emissions factor.

(2)

The EPA must—

(a)

notify the applicant of the amended approval; and

(b)

publish a notice in the Gazette that specifies—

(i)

the name of the participant; and

(ii)

a description of the activity; and

(iii)

the details of the unique emissions factor that the EPA has, by amendment, approved the participant to use when calculating emissions or removals for the activity (the corrected unique emissions factor); and

(iv)

the date on which the corrected unique emissions factor has effect, which must be no earlier than the date on which the unique emissions factor became incorrect.

(3)

The corrected unique emissions factor has effect on and after the date specified by the notice in the Gazette, even if that date has passed.

(4)

Information contained in an emissions return, for that or any later date, that is based on the incorrect unique emissions factor may be treated as being incorrect for the purposes of section 120 (so that the EPA may amend the emissions return under that section to reflect the corrected unique emissions factor).