Energy Grants (Credits) Scheme Act 2003 (Repealed)
Part 4
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Entitlement to off-road credits
Despite the other provisions of this Part, you are not entitled to an off-road credit for the purchase, or importation into Australia, of off-road diesel fuel or off-road alternative fuel, for a particular use that involves taking an action mentioned in subsection (2) of this section without the approval mentioned in that subsection being in operation.
(2)
For the purposes of subsection (1), the action is one to which a Subdivision of Division 1, Part 3 of the Environment Protection and Biodiversity Conservation Act 1999 would apply unless an approval required under that Division were in operation.
Note:
The credits concerned relate predominantly to off-road activities although in some cases arise for on-road activities
SECTION 55A (Repealed by 73 of 2006) Proposed use in certain prohibited actions under Environment Protection and Biodiversity Conservation Act 1999 (1)Despite the other provisions of this Part, you are not entitled to an off-road credit for the purchase, or importation into Australia, of off-road diesel fuel or off-road alternative fuel, for a particular use that involves taking an action mentioned in subsection (2) of this section without the approval mentioned in that subsection being in operation.
(2)
For the purposes of subsection (1), the action is one to which a Subdivision of Division 1, Part 3 of the Environment Protection and Biodiversity Conservation Act 1999 would apply unless an approval required under that Division were in operation.
Note 1:
Division 1 of Part 3 of the Environment Protection and Biodiversity Conservation Act 1999 makes it an offence to take action that has, will have or is likely to have a significant impact on a listed matter of national environmental significance unless an approval is obtained under that Act.
Note 2:
This section does not apply if another exemption applies under Part 3 of the Environment Protection and Biodiversity Conservation Act 1999 .
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