Climate Change Response Act 2002

81 Entitlement to provisional allocation for eligible industrial activities

Subject to section 82, an eligible person is entitled to a provisional allocation of New Zealand units for an eligible industrial activity in respect of a year calculated in accordance with the following formula:

PA = LA × ∑(PDCT × AB)

where—

PA

is the person’s provisional allocation entitlement for the eligible industrial activity for the year

LA

is the level of assistance for the eligible industrial activity for the year, being,—

(a)

for a moderately emissions-intensive eligible industrial activity,—

(i)

0.6 in 2010, 2011, and 2012; and

(ii)

in each year after 2012, the level of assistance from the previous year less 0.01 (the phase-out rate for a moderately emissions-intensive eligible industrial activity):

(b)

for a highly emissions-intensive eligible industrial activity,—

(i)

0.9 in 2010, 2011, and 2012; and

(ii)

in each year after 2012, the level of assistance from the previous year less 0.01 (the phase-out rate for a highly emissions-intensive eligible industrial activity)

is the symbol for summation (of each PDCT × AB calculation)

PDCT

is the amount of each prescribed product from the eligible industrial activity produced by the person in the year immediately preceding the year to which the provisional allocation relates, as determined, if relevant, in accordance with regulations made under this Act

AB

is the prescribed allocative baseline for the applicable product that is required to be used by the eligible person by regulations made under this Act.

Section 81: substituted, on 8 December 2009, by section 32 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 81 formula item LA paragraph (a)(ii): replaced, on 1 January 2013, by section 31(1) of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).

Section 81 formula item LA paragraph (b)(ii): replaced, on 1 January 2013, by section 31(2) of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).