97KB   Termination of scheme

(1)  The Governor may, by proclamation published on the NSW legislation website, do either or both of the following:

(a)  prescribe a termination day for the scheme set out in this Part,

Editorial note. For proclamation prescribing a termination day see 2012 (179) LW 11.5.2012.

(b)  repeal any or all of the provisions of this Part.

(2)  A proclamation may be made only if the Minister has certified to the Governor that the Minister is satisfied that a scheme will apply in New South Wales that:

(a)  has been or will be established (either nationally or in this State and at least one or more other States or Territories), and

(b)  is designed to achieve outcomes that include the reduction of greenhouse gas emissions associated with the production and use of electricity and encouragement of participation in activities to offset the production of greenhouse gas emissions nationally or in the participating jurisdictions.

(3)  The repeal of any provisions of this Part takes effect on the day (being a day not earlier than the day on which the proclamation is published on the NSW legislation website) specified in the proclamation.

(4)  The termination day, or any day specified in the proclamation for the repeal of a provision of this Part, must not be a day that is earlier than the day on which the relevant scheme applies in New South Wales.

(5)  If the termination day is on 1 January in any year there is no final compliance period.

(6)  Regulations may be made for or with respect to the effect of the repeal of any provisions on rights conferred or obligations imposed under this Part.

(7)  Without limiting subsection (6), the regulations may specify conditions that must be complied with in respect of the repeal of a provision.