§ 21 — Assessments by Agency

21.—(1) Upon approving a verified emissions report for a reporting period, or the verified emissions reports for the reporting periods, for an emissions year for a taxable facility, the Agency must assess —(a)

the tax charged under section 16(1) for the emissions year; and[Act 37 of 2022 wef 01/01/2024]

(b)

the number of carbon credits that the registered person must surrender to pay the tax.[Act 37 of 2022 wef 01/01/2024]

(2) Where the Agency is of the opinion that a registered person is liable to pay the tax for an emissions year and —(a)

any verified emissions report for a reporting period for the emissions year has not been submitted for the Agency’s approval as required by section 11(1); or

(b)

any such verified emissions report submitted is incomplete or inaccurate such that, or for any other reason, the Agency is unable to approve the same before 15 August of the year immediately following the emissions year,

the Agency may, to the best of the Agency’s judgment, assess the matters in subsection (1).

[Act 37 of 2022 wef 01/01/2024]

(3) In making an assessment under subsection (2), the Agency may have regard to any verified emissions report (whether or not approved by the Agency) previously submitted to the Agency for the business facility to which the tax relates, and if there is no such verified emissions report, the Agency may have regard to —(a)

emissions reports submitted for the business facility as a reportable facility;

(b)

energy use reports submitted under the Energy Conservation Act 2012 for the business facility; or

(c)

any other document which may assist the Agency in determining or estimating the total amount of reckonable GHG emissions of the business facility as a taxable facility for the emissions year in question.[Act 37 of 2022 wef 01/01/2024]

(4) An assessment under subsection (2) does not affect any liability of any registered person under this Act in relation to the registered person’s failure to submit a verified emissions report or a registered person’s submission of a verified emissions report that is incomplete or inaccurate.[Act 37 of 2022 wef 01/01/2024]

(5) Upon making an assessment under subsection (1) or (2), the Agency must serve a notice of assessment on the registered person liable to pay the tax that sets out the matters in subsection (1).[Act 37 of 2022 wef 01/01/2024]

—(1) Upon approving a verified emissions report for a reporting period, or the verified emissions reports for the reporting periods, for an emissions year for a taxable facility, the Agency must assess —(a)

the tax charged under section 16(1) for the emissions year; and[Act 37 of 2022 wef 01/01/2024]

(b)

the number of carbon credits that the registered person must surrender to pay the tax.[Act 37 of 2022 wef 01/01/2024]

(2) Where the Agency is of the opinion that a registered person is liable to pay the tax for an emissions year and —(a)

any verified emissions report for a reporting period for the emissions year has not been submitted for the Agency’s approval as required by section 11(1); or

(b)

any such verified emissions report submitted is incomplete or inaccurate such that, or for any other reason, the Agency is unable to approve the same before 15 August of the year immediately following the emissions year,

the Agency may, to the best of the Agency’s judgment, assess the matters in subsection (1).

[Act 37 of 2022 wef 01/01/2024]

(3) In making an assessment under subsection (2), the Agency may have regard to any verified emissions report (whether or not approved by the Agency) previously submitted to the Agency for the business facility to which the tax relates, and if there is no such verified emissions report, the Agency may have regard to —(a)

emissions reports submitted for the business facility as a reportable facility;

(b)

energy use reports submitted under the Energy Conservation Act 2012 for the business facility; or

(c)

any other document which may assist the Agency in determining or estimating the total amount of reckonable GHG emissions of the business facility as a taxable facility for the emissions year in question.[Act 37 of 2022 wef 01/01/2024]

(4) An assessment under subsection (2) does not affect any liability of any registered person under this Act in relation to the registered person’s failure to submit a verified emissions report or a registered person’s submission of a verified emissions report that is incomplete or inaccurate.[Act 37 of 2022 wef 01/01/2024]

(5) Upon making an assessment under subsection (1) or (2), the Agency must serve a notice of assessment on the registered person liable to pay the tax that sets out the matters in subsection (1).[Act 37 of 2022 wef 01/01/2024]