National Greenhouse and Energy Reporting Act 2007

For the purposes of this Act, if:

there is a monitoring period for a facility in relation to a person; and

the net emissions number for the facility for the monitoring period exceeds the baseline emissions number for the facility for the monitoring period;

For monitoring period, see section 22XG.

For net emissions number, see section 22XK.

For baseline emissions number, see section 22XL.

The safeguard rules may empower the Regulator to declare in writing that an excess emissions situation does not exist in relation to a specified facility for a specified monitoring period. The declaration is to be known as an exemption declaration.

The safeguard rules must provide that the Regulator may only make an exemption declaration on the application of the person who was the responsible emitter for the relevant facility during the relevant monitoring period.

The safeguard rules must provide that the Regulator must not make an exemption declaration unless the Regulator is satisfied that:

disregarding subsections 22XK(2) and (3), the net emissions number for the relevant facility for the relevant monitoring period exceeds the baseline emissions number for the facility for the monitoring period; and

that excess is the direct result of any or all of the following:

a natural disaster;

criminal activity;

circumstances that, under the safeguard rules, are taken to be exceptional circumstances for the purposes of this subsection; and

the responsible emitter:

has taken reasonable steps to mitigate risks of the relevant circumstance referred to in subparagraph (b)(i), (ii) or (iii) resulting in the situation described in paragraph (a); and

has done so both before and after the occurrence of the circumstance; and

such other conditions (if any) as are set out in the safeguard rules are satisfied.