86 Applications for allocation of New Zealand units for industry and agriculture

(1)

An eligible person who wishes to be allocated New Zealand units for an eligible industrial activity or eligible agricultural activity under this subpart must apply to the EPA in the relevant period under subsection (1A), unless this subpart otherwise provides.

(1A)

The application must be made,—

(a)

for a provisional allocation for an eligible industrial activity, in the period starting on 1 January and ending on 30 April in the year in respect of which the allocation is sought:

(b)

for an allocation for an eligible industrial activity (other than a provisional allocation), in the period starting on 1 January and ending on 30 April in the year after the year in respect of which the allocation is sought:

(c)

for an allocation for an eligible agricultural activity, in the period starting on 1 January and ending on 31 March in the year after the year in respect of which the allocation is sought.

(2)

An application under subsection (1) must—

(a)

be in the prescribed form; and

(b)

contain, as relevant, the applicant’s assessment of,—

(i)

in the case of an eligible industrial activity, the person’s—

(A)

provisional allocation entitlement in respect of the year calculated in accordance with section 81:

(B)

final allocation entitlement in respect of the previous year calculated in accordance with section 83(2):

(C)

annual allocation adjustment relating to the previous year calculated in accordance with section 83(3) or 84(4):

(D)

closing allocation adjustment for the year calculated as required under section 84(1)(b):

(ii)

in the case of an eligible agricultural activity, the person’s—

(A)

allocation entitlement in respect of the previous year calculated in accordance with section 85(2); or

(B)

if section 85(3) applies, allocation entitlement in respect of the year in which the person ceased to carry out the eligible agricultural activity; and

(c)

be accompanied by—

(i)

any other information that the EPA may require; and

(ii)

the prescribed fee (if any); and

(d)

contain the account number of the eligible person’s holding account, required by section 61.

Section 86: substituted, on 8 December 2009, by section 32 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 86(1): replaced, on 23 June 2020, by section 88 of the Climate Change Response (Emissions Trading Reform) Amendment Act 2020 (2020 No 22).

Section 86(1A): inserted, on 23 June 2020, by section 88 of the Climate Change Response (Emissions Trading Reform) Amendment Act 2020 (2020 No 22).

Section 86(2)(c)(i): amended, on 5 December 2011, by section 19 of the Climate Change Response Amendment Act 2011 (2011 No 15).