Clean Energy Amendment (International Emissions Trading and Other Measures) Act2012 (204 of 2012)

Schedule 1  

Part 1   General amendments

Clean Energy Act 2011

47   After subsection 21(8D)

Insert:

Own-use notifications - no double counting

(8E) If:

(a) a designated joint venture had the facility throughout the eligible financial year; and

(b) during the eligible financial year, an amount of covered emissions from the operation of the 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 a participant in the designated joint venture); 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).

(8F) If:

(a) the designated joint venture had the facility for a number of, but not all, days in the eligible financial year (the control days ); and

(b) during the control days, an amount of covered emissions from the operation of the 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 a participant in the designated joint venture); 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).