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Ozone Protection and Synthetic Greenhouse Gas Management (Non-grandfathered Quota— 20242025) Determination 2023

I, TANYA PLIBERSEK, Minister for the Environment and Water, make the following determination

Dated          23 May 2023

TANYA PLIBERSEK

Minister for the Environment and Water

 

 

 

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

 

1    Name


This instrument is the Ozone Protection and Synthetic Greenhouse Gas Management (Non-grandfathered Quota—2024-2025) Determination 2023.

 

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Note: This table relates only to the provisions of this instrument as originally made.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


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 2024-2025 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 0.2625 CO2e megatonnes.

Note: The non-grandfathered HFC industry limit is the non-grandfathered percentage (5%) of the HFC industry limit (5.25 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 2024 and 2025 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 Climate Change, Energy, the Environment and Water.

 

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 2024 and 2023 is:

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

(b)   for the Commonwealth, as represented by the Department of Climate Change, Energy, the Environment and Water – 130 CO2e tonne