Federal Register of Legislation - Australian Government

Primary content

Determinations/Other as made
This instrument sets out the requirements for a person to be entitled to an amount of non-grandfathered hydrofluorocarbon (HFC) quota and specifies the method for working out the amount of non-grandfathered HFC quota to which a person is entitled for each of the years of the third HFC quota allocation period (2022 and 2023).
Administered by: Climate Change, Energy, the Environment and Water
Registered 24 Jun 2021
Tabling HistoryDate
Tabled HR03-Aug-2021
Tabled Senate03-Aug-2021
Table of contents.

 

Ozone Protection and Synthetic Greenhouse Gas Management (Non-grandfathered Quota— 2022-2023) Determination 2021


I, Trevor Evans, Assistant Minister for Waste Reduction and Environmental Management, make the following determination.

 

Dated      15  June 2021

 

 

 

 

TREVOR EVANS

Assistant Minister for Waste Reduction and Environmental Management




 

 


 

Contents

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

2......... Commencement 1

3......... Authority. 1

4......... Simplified outline of this instrument 1

5......... Definitions. 2

6......... Entitlement 2

7......... Amount 3

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ozone Protection and Synthetic Greenhouse Gas Management (Non-grandfathered                  i Quota—2022-2023) Determination 2021



1    Name


 

This instrument is the Ozone Protection and Synthetic Greenhouse Gas Management (Non-grandfathered Quota—2022-2023) Determination 2021.


 

2    Commencement

(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. The whole of this instrument

The day after this instrument is registered.

Note:          This table relates only to the provisions of this instrument as originally made.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.

 

(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.

 

3    Authority

This instrument is made under subregulation 51(4) of the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995.

 

4   
This instrument specifies who is entitled to non-grandfathered quota for the third HFC quota allocation period (2022 and 2023) and the amount of the non-grandfathered quota to be allocated as follows:

(a)	each eligible applicant is entitled to non-grandfathered quota; and
(b)	the Department of Agriculture, Water and the Environment, on behalf of the Commonwealth, is entitled to 130 CO2e tonnes; and
(c)	the remaining non-grandfathered HFC industry limit is divided evenly between the eligible applicants.

Simplified outline of this instrument



Section 5

5    Definitions

In this instrument:

Act means the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989.

CO2e means carbon dioxide equivalent.

CO2e tonne means 1/1,000,000 of a CO2e megatonne.

eligible applicant means a person who is entitled to non-grandfathered quota for the HFC quota allocation period 2022-2023 pursuant to subregulation 51(1) of the Regulations, other than the Commonwealth.

Note:           For entitlement to non-grandfathered quota, see subregulation 51(1) of the Regulations

eligible applicant entitlement amount means the amount equal to:

(the non-grandfathered HFC industry limit - 130 CO2e tonnes)

÷

the number of eligible applicants who apply for non-grandfathered quota under section 6(a)

non-grandfathered HFC industry limit means 0.3125 CO2e megatonnes.

Note:          The non-grandfathered HFC industry limit is the non-grandfathered percentage (5%) of the HFC industry limit (6.25 CO2e megatonnes) for the years in the third HFC quota allocation period.

Regulations means the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995.

Note 1:       A number of expressions used in this instrument are defined in the Act, including the following:

(a)                 CO2e megatonnes; and

(b)                HFC quota.

Note 2:       A number of expressions used in this instrument are defined in the Regulations, including the following:

(a)              non-grandfathered quota; and

(b)             HFC quota allocation period.

 

6    Entitlement

For the purposes of paragraph 51(4)(a) of the Regulations, a person is entitled to non-grandfathered quota for each of the years 2022-2023 if:

(a)    the person is an eligible applicant and that person makes an application for non-grandfathered quota; or

(b)    the person is the Commonwealth, as represented by the Department of Agriculture, Water and the Environment.

 

 

 

 

 

 

 

 

                             


 



Section 7

7    Amount


 

For the purposes of paragraph 51(4)(b) of the Regulations, the amount of

non-grandfathered quota to which a person is entitled for each of the years 2022-2023 is:

(a)    for an eligible applicant – the eligible applicant entitlement amount; or

(b)   for the Commonwealth, as represented by the Department of Agriculture, Water and the Environment – 130 CO2e tonnes.