Climate Change (Unique Emissions Factors) Regulations 2009

5 EPA may approve use of unique emissions factor

(1)

The EPA may approve the use by a participant of a unique emissions factor when calculating emissions from an activity if satisfied that—

(a)

the person’s application complies with regulation 4; and

(b)

the criteria in—

(i)

regulation 6 are met, if the application relates to a class or category of fuel:

(ii)

regulation 6A are met, if the application relates to a class of waste disposed of at a disposal facility; and

(c)

the verifier who has provided the verification statement required by regulation 4(2)(d) has been recognised by the EPA as a person who can verify a unique emissions factor for the activity and that the recognition has not expired, or been surrendered, suspended, or revoked.

(2)

A unique emissions factor approved for use by a participant—

(a)

may be used by the participant to calculate emissions only in relation to—

(i)

fuel within the class (or in the case of fugitive coal seam gas, coal within the category), if the approval relates to a class or category of fuel:

(ii)

waste within the class, if the approval relates to a class of waste disposed of at a disposal facility; and

(b)

is subject to any conditions notified by the EPA at the time of approval.

Regulation 5 heading: amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14).

Regulation 5(1): amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14).

Regulation 5(1)(b): substituted, on 1 January 2011, by regulation 6(1) of the Climate Change (Unique Emissions Factors) Amendment Regulations 2010 (SR 2010/337).

Regulation 5(1)(c): amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14).

Regulation 5(2)(a): substituted, on 1 January 2011, by regulation 6(2) of the Climate Change (Unique Emissions Factors) Amendment Regulations 2010 (SR 2010/337).

Regulation 5(2)(b): amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14).