Safeguard Mechanism (Crediting) Amendment Act 2023 (14 of 2023)

Schedule 4   Other amendments

Part 1   Amendments commencing day after Royal Assent

Carbon Credits (Carbon Farming Initiative) Act 2011

14   Application and transitional provisions

Definitions

(1) In this item:

Act means the Carbon Credits (Carbon Farming Initiative) Act 2011.

commencement means the commencement of this item.

existing project means an area-based offsets project that, at commencement, is an eligible offsets project because of a declaration made before commencement.

grace period means the 30-day period beginning at commencement.

grace period request , in relation to a carbon estimation area, means a request made within the grace period in relation to the carbon estimation area under subsection 169(1) of the Act as continued in force and modified by subitem (6) of this item.

Register not to set out certain project areas

(2) Despite the repeal of section 169 of the Act made by this Schedule, the Emissions Reduction Fund Register must not set out the project area or project areas for an area-based offsets project if:

(a) immediately before commencement, the Emissions Reduction Fund Register did not set out the project area or project areas because the Regulator had granted a request under that section in relation to the project area or project areas; or

(b) the Regulator grants a request of a kind referred to in subitem (3) or (4) of this item in relation to the project area or project areas.

Pending requests relating to project areas

(3) Despite the repeal of section 169 of the Act made by this Schedule, that section (as in force immediately before commencement) continues to apply, after commencement, in relation to a request under that section that has not been finally determined at commencement.

Requests relating to project areas made within grace period

(4) Despite the repeal of section 169 of the Act made by this Schedule, the project proponent for an existing project may, within the grace period, make a request under subsection 169(1) (as in force immediately before commencement) in relation to the project area or project areas for the project.

Register not to set out certain carbon estimation areas

(5) Despite the amendment of section 168 of the Act made by this Schedule, the Emissions Reduction Fund Register must not set out the carbon estimation area or carbon estimation areas for an existing project if:

(a) the grace period has not ended; or

(b) the project proponent for the project makes a grace period request in relation to the carbon estimation area or carbon estimation areas and the request has not been finally determined; or

(c) the project proponent for the project makes a grace period request in relation to the carbon estimation area or carbon estimation areas and the Regulator grants the request.

Grace period requests in relation to carbon estimation areas

(6) Despite the repeal of section 169 of the Act made by this Schedule, that section (as in force immediately before commencement) continues to apply, during the grace period, in relation to an existing project as if a reference in that section to the project area or project areas for the project were also a reference to the carbon estimation area or carbon estimation areas for the project.

(7) A decision of the Regulator to refuse a grace period request in relation to the carbon estimation area or carbon estimation areas for a project is taken to be a reviewable decision for the purposes of the Act.

Extension of time for considering requests made within grace period

(8) If the project proponent for an existing project makes a request that is:

(a) a request of a kind referred to in subitem (4) in relation to the project area or project areas for the project; or

(b) a grace period request in relation the carbon estimation area or carbon estimation areas for the project;

subsection 169(3) of the Act (as continued in force by subitems (4) and (6) of this item) has effect, in relation to the request, as if the reference in that subsection to 30 days were instead a reference to 60 days.