Commonwealth Consolidated Regulations

NATIONAL GREENHOUSE AND ENERGY REPORTING REGULATIONS 2008 - REG 2.20B

Scope

  (1)   This regulation applies if cement production activities occur at different sites.

Nomination

  (2)   The person with overall control in relation to the cement production activities may, for activities conducted on or after 1   July 2023, nominate the cement production activities at different sites that are to form part of the same single undertaking or enterprise.

  (3)   The Regulator must approve the nomination if the Regulator is satisfied that:

  (a)   all the activities at the different sites listed in the nomination are cement production activities; and

  (b)   if the person who made the nomination has overall control in relation to the cement production activities in accordance with subregulation   2.14(2)--all the other persons who could have satisfied subregulation   2.14(1) at the time the nomination was made have indicated their agreement with the nomination.

When nomination is in effect

  (4)   A nomination approved under this regulation takes effect on:

  (a)   the 1   July of the financial year in which the nomination is approved; or

  (b)   in the circumstances covered by subregulation (5)--the day on which the later nomination is approved.

  (5)   The circumstances covered by this subregulation in relation to a nomination (the later nomination ) are as follows:

  (a)   a nomination by another person (the earlier nomination ) has been in effect in relation to cement production activities;

  (b)   that other person no longer has overall control in relation to the cement production activities;

  (c)   a person currently with overall control in relation to the cement production activities makes the later nomination;

  (d)   the later nomination is approved.

  (6)   A nomination approved under this regulation ceases to have effect:

  (a)   on the day the Regulator revokes the nomination or such other day as specified in the revocation request (if any); or

  (b)   for the earlier nomination in the circumstances covered by subregulation (5)--at the end of the day before the day the later nomination is approved.

Revoking an approved nomination

  (7)   The Regulator must revoke a nomination approved under this regulation if the person who made the nomination requests the Regulator revoke the nomination.

  (8)   The Regulator may revoke a nomination approved under this regulation if:

  (a)   the Regulator becomes aware of circumstances relating to the cement production activities or sites listed in the nomination; and

  (b)   as a result of those circumstances, the Regulator is no longer satisfied of the matters in subregulation (3); and

  (c)   the person who made the nomination has not made a request to vary or revoke the nomination within 60 days of those circumstances occurring.

  (9)   The Regulator may also revoke a nomination approved under this regulation if:

  (a)   the Regulator becomes aware that the person who made the nomination no longer has overall control in relation to the cement production activities listed in the nomination; and

  (b)   within 60 days of that person ceasing to have overall control in relation to the cement production activities:

  (i)   that person has not made a request to revoke the nomination; or

  (ii)   a person with overall control in relation to the activities has not made a new nomination in relation to the activities.

Varying an approved nomination

  (10)   The person who made a nomination approved under this regulation may request the Regulator to vary the nomination in relation to the cement production activities or sites that are to form part of the same single undertaking or enterprise.

  (11)   The Regulator must approve the variation request if the Regulator is satisfied that:

  (a)   all the activities at the different sites listed in the request are cement production activities; and

  (b)   if the person who made the nomination has overall control in relation to the cement production activities in accordance with subregulation   2.14(2)--all the other persons who could satisfy subregulation   2.14(1) at the time the request is made have indicated their agreement with the variation.

  (12)   The variation takes effect on the day the Regulator approves the variation or such other day as specified in the variation request (if any).

Requirements for nomination or request for variation or revocation

  (13)   A nomination, or a request for variation or revocation of a nomination, under this regulation must:

  (a)   be made to the Regulator; and

  (b)   be in the form approved by the Regulator.