§ 7 — Obligation to apply to register as registered person, and to register business facility as reportable facility and taxable facility

7.—(1) Where the total amount of reckonable GHG emissions of a business facility has a carbon dioxide equivalence that attains the first emissions threshold (or higher) in any year (called in this Part a trigger year), then the person mentioned in subsection (1A) must apply to the Agency —(a)

to be registered as a registered person;

(b)

to register the business facility as a reportable facility of the registered person; and

(c)

if the carbon dioxide equivalence of the total amount of reckonable GHG emissions from the business facility also attains the second emissions threshold (or higher) in the same trigger year, to register the business facility as a taxable facility of the registered person.[Act 37 of 2022 wef 01/01/2024]

(1A) The person for the purpose of subsection (1) is the person having operational control over the business facility on 31 December of the trigger year.[Act 37 of 2022 wef 01/01/2024]

(2) Subsection (1)(a) does not apply if —(a)

the person is already a registered person; or

(b)

the business facility will cease to be under the operational control of the person by the time the person must make the application under section 8.

(3) Subsection (1)(b) does not apply if the business facility is already registered as a reportable facility of the registered person.

(4) Subsection (1)(c) does not apply if the business facility is already registered as a taxable facility of the registered person.

(5) Without affecting subsection (1), where —(a)

a person (X) —(i)

is a registered person of a business facility that is a reportable facility, or both a reportable facility and a taxable facility; or

(ii)

is not a registered person of a business facility but had operational control over the business facility on 31 December of a trigger year in relation to the business facility; and

(b)

X transfers operational control over the business facility to another person (Y),

then Y must apply to the Agency —

(c)

to be registered as a registered person; and

(d)

to register the business facility as a reportable facility or as both a reportable facility and a taxable facility (as the case may be), of Y.[Act 37 of 2022 wef 01/01/2024]

(6) Subsection (5)(c) does not apply if Y is already a registered person.[Act 37 of 2022 wef 01/01/2024]

(7) To avoid doubt, a business facility may be registered as a reportable facility, or both a reportable facility and a taxable facility, of more than one registered person.[Act 37 of 2022 wef 01/01/2024]

—(1) Where the total amount of reckonable GHG emissions of a business facility has a carbon dioxide equivalence that attains the first emissions threshold (or higher) in any year (called in this Part a trigger year), then the person mentioned in subsection (1A) must apply to the Agency —(a)

to be registered as a registered person;

(b)

to register the business facility as a reportable facility of the registered person; and

(c)

if the carbon dioxide equivalence of the total amount of reckonable GHG emissions from the business facility also attains the second emissions threshold (or higher) in the same trigger year, to register the business facility as a taxable facility of the registered person.[Act 37 of 2022 wef 01/01/2024]

(1A) The person for the purpose of subsection (1) is the person having operational control over the business facility on 31 December of the trigger year.[Act 37 of 2022 wef 01/01/2024]

(2) Subsection (1)(a) does not apply if —(a)

the person is already a registered person; or

(b)

the business facility will cease to be under the operational control of the person by the time the person must make the application under section 8.

(3) Subsection (1)(b) does not apply if the business facility is already registered as a reportable facility of the registered person.

(4) Subsection (1)(c) does not apply if the business facility is already registered as a taxable facility of the registered person.

(5) Without affecting subsection (1), where —(a)

a person (X) —(i)

is a registered person of a business facility that is a reportable facility, or both a reportable facility and a taxable facility; or

(ii)

is not a registered person of a business facility but had operational control over the business facility on 31 December of a trigger year in relation to the business facility; and

(b)

X transfers operational control over the business facility to another person (Y),

then Y must apply to the Agency —

(c)

to be registered as a registered person; and

(d)

to register the business facility as a reportable facility or as both a reportable facility and a taxable facility (as the case may be), of Y.[Act 37 of 2022 wef 01/01/2024]

(6) Subsection (5)(c) does not apply if Y is already a registered person.[Act 37 of 2022 wef 01/01/2024]

(7) To avoid doubt, a business facility may be registered as a reportable facility, or both a reportable facility and a taxable facility, of more than one registered person.[Act 37 of 2022 wef 01/01/2024]