Facilities with an existing production adjusted baseline may apply to vary that baseline if they produce a new prescribed (annually adjusted) production variable that was not included in the original production adjusted baseline. Such variations can be made and do not require a new production adjusted baseline application to be submitted, even where the original production adjusted baseline did not include an annually adjusting production variable.
Please contact us to discuss applying to vary a production adjusted baseline.
In certain circumstances, the Clean Energy Regulator may:
Before a baseline is varied or remade, the Clean Energy Regulator will notify and seek comment from the responsible emitter.
Decisions made by the Clean Energy Regulator to vary or remake a baseline can be reviewed by the Administrative Appeals Tribunal.
Please note that emissions intensity baseline variations are no longer available.
Amendments made to the Safeguard Rule in April 2019 removed criteria for the emissions intensity test from 1 July 2019 onwards. Previously this could be used to adjust a baseline in certain circumstances, where expanding production was accompanied by an improvement in emissions intensity.
This type of variation has been replaced by transitional calculated baselines as a mechanism to reset baselines and annually updated production adjusted baselines using prescribed (annually adjusted) production variables.
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