Clean Energy Amendment (International Emissions Trading and Other Measures) Act2012 (204 of 2012)
Schedule 1
Part 1 General amendments
Clean Energy Act 2011
51 After subsection 25(7D)
Insert:
Own-use notifications - no double counting
(7E) If:
(a) the person was the holder of the liability transfer certificate throughout the eligible financial year; and
(b) during the eligible financial year, an amount of covered emissions from the operation of the landfill facility was attributable to the combustion of natural gas that was supplied by a natural gas supplier to a person (the recipient ) (who may be the holder); and
(c) the natural gas supplier has, under section 35A, a provisional emissions number for an eligible financial year; and
(d) the provisional emissions number is wholly or partly attributable to the supply of the natural gas to the recipient; and
(e) either:
(i) the recipient gave the natural gas supplier an own-use notification in relation to the supply of the natural gas; or
(ii) the conditions specified in the regulations are satisfied;
the amount mentioned in paragraph (b):
(f) does not count for the purposes of subsection (1); and
(g) counts for the purposes of paragraph (4)(b).
(7F) If:
(a) the person was the holder of the liability transfer certificate for a number of, but not all, days in the eligible financial year (the certificate days ); and
(b) during the certificate days, an amount of covered emissions from the operation of the landfill facility was attributable to the combustion of natural gas that was supplied by a natural gas supplier to a person (the recipient ) (who may be the holder); and
(c) the natural gas supplier has, under section 35A, a provisional emissions number for an eligible financial year; and
(d) the provisional emissions number is wholly or partly attributable to the supply of the natural gas to the recipient; and
(e) either:
(i) the recipient gave the natural gas supplier an own-use notification in relation to the supply of the natural gas; or
(ii) the conditions specified in the regulations are satisfied;
the amount mentioned in paragraph (b):
(f) does not count for the purposes of subsection (1); and
(g) counts for the purposes of paragraph (5)(b).