Climate Change (Animals–Farmer Activities) Order 2023
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Version as at 26 November 2024
Climate Change (Animals–Farmer Activities) Order 2023
(SL 2023/282)
Climate Change (Animals–Farmer Activities) Order 2023: revoked, on 26 November 2024, by section 35(2) of the Climate Change Response (Emissions Trading Scheme Agricultural Obligations) Amendment Act 2024 (2024 No 50).
Rt Hon Dame Helen Winkelmann, Administrator of the Government
Order in Council
At Wellington this 2nd day of October 2023
Present:
Her Excellency the Administrator of the Government in Council
Note
The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.
Note 4 at the end of this version provides a list of the amendments included in it.
This order is administered by the Ministry for the Environment.
This order is made under section 2A(5D)(a) of the Climate Change Response Act 2002—
(a)
on the advice and with the consent of the Executive Council; and
(b)
on the recommendation of the Minister of Climate Change made after complying with the requirements of sections 2B and 3A(b)(i) of that Act.
Order
1 Title
This order is the Climate Change (Animals–Farmer Activities) Order 2023.
2 Commencement
This order comes into force on 2 November 2023.
3 Interpretation
In this order, unless the context otherwise requires, Act means the Climate Change Response Act 2002.
4 Deferral of application of subpart 4 of Part 5 of Schedule 3 of Act to 1 January 2026
Subpart 4 of Part 5 of Schedule 3 of the Act (which relates to animals–farmer activities) applies on and after 1 January 2026.
Rachel Hayward,
Clerk of the Executive Council.
Explanatory note
This note is not part of the order, but is intended to indicate its general effect.
This order, which comes into force on 2 November 2023, provides that subpart 4 of Part 5 of Schedule 3 of the Climate Change Response Act 2002 (the Act) applies on and after 1 January 2026.
Schedule 3 of the Act prescribes activities with respect to which persons must be participants in the emissions trading scheme. Subpart 4 of Part 5 of that schedule relates to animals–farmer activities (namely, farming, raising, growing, or keeping ruminant animals, pigs, horses, or poultry for reward or trade).
The application is affected by section 219 of the Act. Under section 219, a person is not liable under the Act to surrender units for their emissions in the first year in which subpart 4 of Part 5 of Schedule 3 of the Act applies.
The effect of this order is to make the first year start on 1 January 2026 (rather than on 1 January 2024). This means that units will need to be surrendered for animals–farmer activities from 1 January 2027.
Date of notification in Gazette: 5 October 2023.
Notes
1 General
This is a consolidation of the Climate Change (Animals–Farmer Activities) Order 2023 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.
2 Legal status
A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.
Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.
3 Editorial and format changes
The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.
4 Amendments incorporated in this consolidation
Climate Change Response (Emissions Trading Scheme Agricultural Obligations) Amendment Act 2024 (2024 No 50): section 35(2)
Versions
Climate Change (Animals–Farmer Activities) Order 2023
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