In forceAmended2020 Revised Edition

Contents

Carbon Pricing Act 2018 · 2020 Revised Edition · Part 3 · Registration of Persons and Business Facilities

9. Entitlement to apply to deregister as taxable facility, reportable facility, and as registered person, etc.

Amended

Last amended by an amending law of 2022.

(1)

A registered person may apply to the Agency to deregister a business facility as a taxable facility of the registered person if —

(a)

the registered person ceases to have operational control over the business facility;

(aa)

the registered person has operational control over the business facility but has ceased to operate the business facility and has no intention of resuming its business activity within the next 36 months after such cessation;

(b)

the total amount of reckonable GHG emissions from the business facility has a carbon dioxide equivalence that does not attain the second emissions threshold for each of 3 consecutive years; or

(c)

where any modification (including by way of additions and removals) to any work process at the business facility, or to any building or infrastructure of the business facility, is completed and —

(i)

the total amount of reckonable GHG emissions from the business facility in the year in which the modification is completed has a carbon dioxide equivalence that does not attain the second emissions threshold; and

(ii)

the total amount of reckonable GHG emissions from the business facility has a carbon dioxide equivalence that is unlikely to attain the second emissions threshold in each of the 2 consecutive years immediately following.

(2)

Without affecting subsection (1)(a), a registered person must give the Agency advance written notice of the date that the operational control that the person has over the business facility is to cease, at least 45 days before that date.

(3)

A registered person may apply to the Agency to deregister a business facility as a reportable facility of the registered person if —

(a)

the registered person ceases to have operational control over the business facility;

(aa)

(b)

the total amount of reckonable GHG emissions from the business facility has a carbon dioxide equivalence that does not attain the first emissions threshold for each of 3 consecutive years; or

(c)

where any modification (including by way of additions and removals) to any work process at the business facility, or to any building or infrastructure of the business facility, is completed and —

(i)

(ii)

the total amount of reckonable GHG emissions from the business facility has a carbon dioxide equivalence that is unlikely to attain the first emissions threshold in each of the 2 consecutive years immediately following.

(4)

A registered person may apply to the Agency to deregister as such if there is no longer any business facility registered as a reportable facility of the registered person.

(5)

The Agency may, on its own volition, deregister any registered person as such, and any business facility registered as a reportable facility or taxable facility of the person as such, if the Agency is satisfied that the person has been wound up or dissolved or has otherwise ceased to exist.

Terms defined in this Act

Agency
Defined · s 2
“Agency” means the National Environment Agency established by the National Environment Agency Act 2002;
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business activity
Defined · s 3
“business activity” means any activity or series of activities (including ancillary activities) —(a)that involves the emission of greenhouse gas; and(b)that forms a single undertaking or enterprise, having regard to any circumstances prescribed.(3) For the purpose of subsection (1), where a business activity is a series of activities that is carried out at more than one parcel of land, the business activity is treated for the purposes of this Act as carried out at a single site if the same person has operational control over the business activity, and —(a)the parcels of land are contiguous, adjacent or adjoining, or separated only by any road or pathway (whether or not providing access to the business facility), or drain or waterway; or(b)where paragraph (a) does not apply, there is a dependency between the activities carried out on the parcels of land, having regard to any circumstances prescribed.(4) A series of activities may be treated as forming a single undertaking or enterprise for the purpose of subsection (2)(b) even if —(a)any one of the activities in the series is, or any 2 or more activities in the series are, capable of being carried out as a separate and distinct business activity; or(b)the activities in the series are from more than one industry sector to which this Act applies.(5) To avoid doubt, there can be more than one business facility at any parcel of land for the purposes of this Act. A business facility is a single site at which any business activity is carried out. In this Act,
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carbon dioxide equivalence
Defined · s 2
“carbon dioxide equivalence”, in relation to any greenhouse gas, means the mass of the greenhouse gas multiplied by its global warming potential set out opposite the greenhouse gas in the third column of the First Schedule;
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first emissions threshold
Defined · s 2
“first emissions threshold” means the first emissions threshold specified in Part 1 of the Second Schedule;
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registered person
Defined · s 2
“registered person” means a person registered under section 7;
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reportable facility
Defined · s 2
“reportable facility” means a business facility that is registered as a reportable facility under section 7;
Open s 2
second emissions threshold
Defined · s 2
“second emissions threshold” means the second emissions threshold specified in Part 1 of the Second Schedule;
Open s 2
taxable facility
Defined · s 2
“taxable facility” means a business facility that is registered as a taxable facility under section 7;
Open s 2

Report

Read on from s 10

Part 4

Ghg Emissions Reporting Requirements

Read on from Part 4

Part 5

Carbon Pricing

Read on from Part 5

Part 6

Appeals

Read on from Part 6

Part 7

Records and Registers

Read on from Part 7

Part 8

Administration and Enforcement, Etc.

Read on from Part 8

Part 9

Miscellaneous

Read on from Part 9

Schedules

Read on from Schedules