Climate Change Response (Emissions Trading and Other Matters) Amendment Bill

  • enacted

Hon Tim Groser

Climate Change Response (Emissions Trading and Other Matters) Amendment Bill

Government Bill


As reported from the committee of the whole House



1 Title

2 Commencement

3 Principal Act

Part 1
Amendments to Principal Act

4 Section 2A amended (Application of Schedules 3 and 4)

5 Section 3 amended (Purpose)

6 Section 3A amended (Treaty of Waitangi (Te Tiriti o Waitangi))

7 Section 4 amended (Interpretation)

8 Subpart 1 heading in Part 2 replaced

9 New section 6A inserted (Minister's power to sell by auction)

10 Section 7 amended (Minister of Finance may give directions to Registrar regarding accounts and units)

11 Section 10 amended (Purpose of Registry)

12 Section 18CA amended (Effect of surrender, retirement, cancellation, and conversion)

13 Section 23 amended (Receiving Kyoto units from overseas registries)

14 Section 27 amended (Information accessible by search)

17A Section 30E amended (Conversion of New Zealand units into designated assigned amount units for sale overseas or cancellation)

18 Section 30G amended (Regulations relating to Part 2)

18A New sections 30GA and 30GB inserted

19 Section 30H amended (Procedure for certain regulations relating to units)

20 Section 30I amended (Incorporation by reference in regulations made under section 30G)

21 Section 32 amended (Primary functions of inventory agency)

22 Section 36 amended (Authorisation of inspectors)

23 Section 50 amended (Regulations)

24 Section 51 amended (Incorporation by reference in regulations made under section 50)

26 Section 57 amended (Applications to be registered as participant in respect of activities listed in Schedule 4)

27 Section 59 amended (Removal from register of participants in respect of activities listed in Schedules 3 and 4)

28 New section 63A inserted (Modification of liability to surrender units to cover certain emissions)

29 New section 64A inserted (Modification of entitlement to receive New Zealand units for removal activities)

30 Section 65 amended (Annual emissions returns)

30A Section 77 amended (Determination made in accordance with allocation plan)

31 Section 79 amended (Effect of new determination)

32 Section 81 amended (Entitlement to provisional allocation for eligible industrial activities)

33 Section 83 amended (Annual allocation adjustment)

34 Section 84 amended (Closing allocation adjustment)

35 New section 84A inserted (Temporary suspension of allocation entitlement for eligible industrial activities)

36 Section 85 amended (Allocation of New Zealand units in relation to agriculture)

37 New sections 85A and 85B inserted

38 Section 86 amended (Applications for allocation of New Zealand units for industry and agriculture)

39 Section 86C amended (Reconsideration of allocation decisions)

40 Section 86F repealed (Balance of units at end of true-up period or other balance date)

41 Section 87 amended (Functions of EPA)

42 Section 89 amended (EPA to publish certain information)

43 Section 99 amended (Obligation to maintain confidentiality)

44 Section 101 amended (Applications for warrants)

45 Section 109 amended (Making of emissions rulings)

46 Section 111 amended (Confirmation of basis of emissions rulings)

47 Section 115 amended (Appeal from decisions of EPA)

48 Section 118 amended (Submission of final emissions returns)

49 Section 123 amended (Effect of amendment or assessment)

50 Section 124 amended (Reimbursement of units by EPA)

51 Section 129 amended (Strict liability offences)

52 New section 134A inserted (Penalty for failing to surrender or repay units when required by notice given under section 134(3))

53 Section 135 amended (Reductions in penalty)

54 Section 136 amended (Additional penalty for knowing failure to comply)

55 Section 137 amended (Interest for late payment)

56 Section 138 amended (Obligation to pay penalty not suspended by appeal)

57 Section 138A amended (Penalties to be paid into Crown account)

58 Section 142 amended (Limitation period for commencement of proceedings)

59 Section 144 amended (Request for review of decisions)

61 Section 155 amended (Ceasing to be member of consolidated group)

62 Section 159 replaced (Chief executive must surrender or repay units for person who is in default or insolvent)

63 Section 160 replaced (Reviews of operation of emissions trading scheme)

64 Section 161 amended (Appointment and conduct of review panel)

65 Section 161A amended (Regulations in relation to eligible industrial activities)

66 Section 161B amended (Australian eligible industrial activities)

67 Section 161E amended (Requirements in respect of notice given under section 161D)

68 Section 163 amended (Regulations relating to methodologies and verifiers)

69 Section 165 repealed (Regulations relating to offsetting of pre-1990 forest land)

70 Section 166 amended (Procedure for regulations relating to methodologies, verification, unique emissions factors, and offsetting)

71 Section 168 amended (Other regulations)

72 Section 169 amended (Incorporation by reference in regulations made under section 163, 164, 165, 167, or 168)

73 New sections 178A to 178C inserted

74 Section 179 amended (Forest land to be treated as deforested in certain cases)

75 New section 179A inserted (Forest land may not be treated as deforested in certain cases)

75A Section 180 amended (Participant in respect of pre-1990 forest land)

76 Section 181 amended (When deforestation to be treated as occurring in respect of pre-1990 forest land)

77 Section 182 repealed (Offsetting in relation to pre-1990 forest land)

78 Section 183 amended (Applications for exemption for land holdings of less than 50 hectares of pre-1990 forest land)

78A New section 183A inserted (Certain applications not otherwise permitted by section 183)

79 Section 184 amended (Exemptions for deforestation of land with tree weeds)

80 Section 186 amended (Methodology for pre-1990 forest land)

81 New sections 186A to 186J and cross-heading inserted

82 Section 187 amended (Conditions on registration as participant in respect of certain activities relating to post-1989 forest land)

83 New section 187A inserted (EPA to give public notice of criteria for assessing risk of tree weed spread)

84 Section 188 amended (Registration as participant in respect of post-1989 forest land)

85 New section 188A inserted (Person ceases to be participant in respect of post-1989 forest land if natural event permanently prevents re-establishing forest on that land)

86 Section 189 amended (Emissions returns for post-1989 forest land activities)

87 Section 191 amended (Ceasing to be registered as participant in respect of post-1989 forest land)

88 Section 195 amended (Notification of status of forest land)

89 Section 198 amended (Registration as participant by purchasers of jet fuel)

90 Section 199 amended (Historical information sufficient to satisfy EPA)

91 Section 200 amended (Effect of purchasing less than the threshold level of obligation jet fuel)

92 Section 201 amended (Effect of registration by purchasers of jet fuel)

93 Section 204 amended (Participant with respect to mining coal or natural gas)

94 Section 210 amended (Historical information sufficient to satisfy EPA)

95 Section 217 amended (Transitional provision for penalties)

96 Section 219 amended (Transitional provision for mandatory reporting by certain participants)

97 Sections 222A to 222G repealed

98 Part 6 heading amended

99 Section 224 amended (Gazetting of targets)

100 New Part 7 inserted

Levy imposed

Calculation of levy

Levies to be paid into Crown Bank Account



Obligations of importers of leviable goods

Offences relating to synthetic greenhouse gas levy

Offence in relation to release of synthetic greenhouse gases

Proceedings and liability

101 Schedule 3 amended

102 Schedule 4 amended

Part 2

103 Consequential amendments

Consequential amendments

Legislative history

The Parliament of New Zealand enacts as follows: