Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsEntitlement
(1) A person is entitled to an amount of grandfathered quota for each of the calendar years in an HFC quota allocation period, other than the first or second HFC quota allocation period, if:
(a) the person applies in accordance with regulation 44 for HFC quotas for the years; and
(b) the person holds an SGG licence that covers the whole of the period; and
(c) HFC quotas were allocated to the person for the calendar years in the previous HFC quota allocation period; and
(d) those quotas included amounts of grandfathered quota.
Amount
(2) The amount of grandfathered quota to which a person is entitled for a year (the allocation year ) in an HFC quota allocation period, other than the first or second HFC quota allocation period, is the amount worked out using the following formula:
where:
"amount of licensed activities" of a person means the sum of the annual amounts of licensed activities of the person for the calendar years in the base period for the HFC quota allocation period.
"annual amount of licensed activities" of a person for a calendar year means:
(a) for 2019--the amount applicable under subregulation (3) for the person; or
(b) for 2020 or a later calendar year--the amount applicable under subregulation (4) for the person.
"total amount of licensed activities" means the sum of the amounts of licensed activities of each person who is entitled to grandfathered quota for the allocation year.
Annual amount of licensed activities--2019
(3) For the purposes of paragraph (a) of the definition of annual amount of licensed activities in subregulation (2), the amount for a person for 2019 is the lesser of:
(a) the total quantity (including nil) of HFCs, expressed in CO2e megatonnes, involved in licensed regulated HFC activities engaged in by the person during the year; and
(b) the amount of grandfathered quota included in the HFC quota allocated to the person for the year.
Annual amount of licensed activities--2020 and later calendar years
(4) For the purposes of paragraph (b) of the definition of annual amount of licensed activities in subregulation (2), the amount for a person for 2020 or a later calendar year is:
(a) unless paragraph (b) of this subregulation applies--the amount of grandfathered quota included in the HFC quota allocated to the person for the year; or
(b) the total quantity (including nil) of HFCs, expressed in CO2e megatonnes, involved in licensed regulated HFC activities engaged in by the person during the year, if that quantity is less than:
(i) for 2020--75% of the amount mentioned in paragraph (a) of this subregulation; or
(ii) for later calendar years--90% of the amount mentioned in paragraph (a) of this subregulation.
Annual amount of licensed activities--effect of allocation of reserve HFC quota
(5) For the purposes of paragraph (4)(b), if:
(a) the person is allocated reserved HFC quota for a calendar year (the current year ) in respect of a consignment of HFCs ordered before 1 October of the previous calendar year (see paragraph 62(1)(b)); and
(b) the consignment is imported in the current year;
then the consignment is taken to have been imported in the previous calendar year rather than the current year.