Carbon Credits (Carbon Farming Initiative) Amendment Rule 2017 (No. 1) (Cth)

Carbon Credits (Carbon Farming Initiative) Amendment Rule 2017 (No. 1)

I, Josh Frydenberg, Minister for the Environment and Energy, make the following rule.

Dated 5 July 2017

Josh Frydenberg

Minister for the Environment and Energy

Contents

1. 1

   Name. ...................................................................................................................................... 1

2. 2

   Commencement....................................................................................................................... 1

3. 3

   Authority.................................................................................................................................. 1

4. 4

   Schedules................................................................................................................................. 1

Schedule 1—Amendments2

Carbon Credits (Carbon Farming Initiative) Rule 20152

1Name

This is the Carbon Credits (Carbon Farming Initiative) Amendment Rule 2017 (No. 1).

2Commencement

1. (1)

   Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. Sections 1 to 4 and items 1 to 3 of Schedule 1	The day after this instrument is registered.
Item 4 of Schedule 1	17 February 2015	17 February 2015

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

1. (2)

   Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the Carbon Credits (Carbon Farming Initiative) Act 2011.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Carbon Credits (Carbon Farming Initiative) Rule 2015

1

After subsection 9(4)

Insert:

Requirement relating to consent

(5) It is an eligibility requirement that, if:

(a) an offsets project involves carbon abatement at a facility that is, or is likely to be, a designated large facility (within the meaning of the National Greenhouse and Energy Reporting Act 2007) for the current financial year; and

(b) the project proponent, or (if there are multiple project proponents) one of the project proponents, does not have operational control of the facility;

the project proponent, or (if there are multiple project proponents) one of the project proponents, must have consent to carry out the project from the person who has operational control of the facility immediately before the Regulator issues the certificate of entitlement under subsection 15(2) of the Act.

Note: The consent required by this subsection may already have been obtained at the declaration of the eligible offset project to comply with section 20.

2

After subsection 24(2)

Insert:

1. (2A)

   For subsection (2), if the current project proponent is deceased or is incapacitated, the person’s legal personal representative may make an application on behalf of the current project proponent.

3

At the end of subsection 23(1)

Add:

1. ; (h)

   if the applicable methodology determination for the project is a methodology determination for which the Regulator must not consider applications under section 22 of the Act because of an order under subsection 27A(1) of the Act—that the proposed variation would not result in an area of land that is not part of the existing project area:

   1. (i)

      being included in the project area; or

   2. (ii)

      becoming a new project area for the project.

4

After Part 4

Insert:

Part 5—Crediting Period

Division 1—Limit on deferral of start of crediting period

66AOperation of this Division

For subparagraph 69(5)(b)(i) of the Act, this Division specifies a number of months to be the limit on the deferral of the start of a project’s crediting period for particular kinds of projects.

66BLimit on deferral of start of crediting period

1. (1)

   For eligible offsets projects whose crediting period start time under paragraph 69(4)(a) of the Act is in the period 1 July 2010 to 30 June 2012—72 months is specified.

2. (2)

   For eligible offsets projects whose crediting period start time under paragraph 69(4)(a) of the Act is in the period 1 July 2012 to 30 June 2014—48 months is specified.

3. (3)

   For eligible offsets projects whose crediting period start time under paragraph 69(4)(a) of the Act