Schedule 5 · Matters for or in respect of which regulations may be made

FIFTH SCHEDULESection 76(2)Matters for or in respect of which regulations may be made

1. In relation to Part 1 —

the circumstances in which or the criteria by which any activity or series of activities (including ancillary activities) will form part of a single undertaking or enterprise;

the activities which are attributable to or are treated as being attributable to any particular industry sector;

the circumstances in which there is a dependency between activities carried out on different parcels of land; and

the circumstances in which one person is related to another person.

the form of any application, report, plan or other document mentioned in this Act;

the preparation of any application, report, plan or other document mentioned in this Act, including the person that must prepare the same and any criteria and qualifications that the person must satisfy;

the information and documents to be included in or to accompany any application, report, plan or other document mentioned in this Act;

without affecting sub-paragraph (c), in relation to any emissions report or monitoring plan, the methods, or criteria for the methods, by which the amounts of emissions, reductions, removals, offsets, energy production, energy consumption or any other matters are to be measured or determined, including any one or more of the following:

conditions relating to the use of different methods or criteria;

rating systems for those methods;

the particular rating given to each of those methods;

the period within which any application, report, plan or other document mentioned in this Act is to be submitted (including at prescribed intervals);

the manner in which any application, report, plan or other document mentioned in this Act is to be submitted, including the person that must submit the same and any criteria and qualifications that the person must satisfy;

the accreditation by the Agency of an external auditor carrying out any verification of any emissions report under section 12;

the criteria and qualifications that an external auditor carrying out any assessment of a monitoring plan under section 13, must satisfy;

the manner in which any verification or assessment required under this Act must be carried out, and the duties and obligations of an accredited external auditor or external auditor in carrying out the verification or assessment;

the duties and obligations of any registered person in relation to any verification or assessment of an accredited external auditor or external auditor (whether before, during or after the verification or assessment); and

the appointment of any person (called in this sub‑paragraph the manager) to assist a person in complying with the obligations of the person under this Act, including —

the appointment, training, criteria and qualifications of the manager;

the functions and duties of the manager; and

the powers of the manager, being necessary powers for the discharge of the manager’s functions and duties.

the form and manner in which, and any person by whom, any of the following applications may be made:

for fixed‑price carbon credits;[Act 37 of 2022 wef 01/01/2024]

to transfer fixed‑price carbon credits from one FPCC registry account to another;[Act 37 of 2022 wef 01/01/2024]

to surrender fixed‑price carbon credits;[Act 37 of 2022 wef 01/01/2024]

for a refund under section 19;

to close an FPCC registry account or an ICC registry account;[Act 37 of 2022 wef 01/01/2024]

the form and manner in which payment for fixed‑price carbon credits must be made; [Act 37 of 2022 wef 01/01/2024]

the criteria for eligible international carbon credits, and the acceptance by the Agency of eligible international carbon credits;[Act 37 of 2022 wef 01/01/2024]

the time and manner in which or the process by which any eligible international carbon credit must be surrendered, and the circumstances in which any eligible international carbon credit may be treated as surrendered; and[Act 37 of 2022 wef 01/01/2024]

the time within which any application in sub-paragraph (a), or the payment in sub-paragraph (b), must be made.

the form of, and the manner of lodging, notices of appeals, and the procedure to be adopted by and proceedings of an Appeal Panel (including in the absence of members of the Appeal Panel); and

the conduct of hearings of appeals (including the place and time at which appeals may be heard).

the provision of the electronic transactions service for any one or more of the following purposes:

for any person to submit or serve any application, information or document on the Agency;

for the Agency to serve any notice or other document on any person under this Act;

for the Agency to publish or supply any application, information or document to any person;

for any other prescribed purpose;

the manner in which and the persons by whom the electronic transactions service may be used;

that any prescribed application, document or information must be submitted to or served on the Agency only through the electronic transactions service;

that any prescribed application, information or document, submitted to a prescribed public authority in the prescribed manner, is treated as having been submitted through the electronic transactions service to the Agency;

the circumstances and the manner in which any error or omission in any application, information or document submitted, served, published or supplied through the electronic transactions service may be corrected;

despite the Evidence Act 1893, the admissibility of electronic records, and copies and print‑outs of such records, of any application, information or document submitted, served, published or supplied through the electronic transactions service, as evidence of the facts contained in the record, copy or print‑out; and

any other matter necessary or incidental to the use, maintenance or management of the electronic transactions service.