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Carbon Tax Act, 2019 (Act No. 15 of 2019)

Regulations

Regulations under section 19 of the Carbon Tax Act

Part ll : Eligibility

3. Offset creation and utilisation period

 

(1) An offset is created, after the date on which that project starts causing the reduction of greenhouse gas emissions, during a period of—
(a) in the case of a CDM project—
(i) 7 years which period may be extended with two periods of seven years respectively on application; or
(ii) 10 years which period may not be extended;
(b) in the case of A Gold Standard project—
(i) 7 years which period may be extended with three periods of seven years respectively on application; or
(ii) 10 years which period may not be extended;
(c) in the case of a VCS project—
(i) for offsets in respect of agriculture, forestry and other land use, other than offsets stipulated in subparagraph (ii)—
(aa) not less than 20 years but not more than 100 years; and
(bb) extended not more than four times;
(ii) for all offsets in respect of agriculture, forestry and other land use and agricultural land management exclusively in respect of nitrous oxide, methane or fossil derived carbon dioxide, a period of not more than 10 years which period may be extended twice.
(iii) for all offsets in respect of activities other than activities contemplated in subparagraphs (i) and (ii), a period—
(aa) of 7 years which period may be extended twice but not more that 21 years; or
(bb) ten years which period may not be extended.

[Regulation 3(1)(c)(iii) inserted by section 4 of Notice No. 595, GG44818, dated 8 July 2021]

 

(2) Despite regulation 2(1)(b), if—
(a) any offset exists in respect of an activity that is carried on in respect of which the carbon tax is not imposed; and
(b) the activity referred to in paragraph (a) becomes an activity in respect of which the carbon tax is imposed,

that offset is allowed to be utilised in terms of these regulations until the period contemplated in subregulation (1) expires.