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, unless this subpart otherwise provides, apply to the EPA, in the period beginning on 1 January and ending with the close of 30 April in a year, for—

(a)

a provisional allocation for an eligible industrial activity in respect of that year:

(b)

an allocation (other than a provisional allocation for an eligible industrial activity) in respect of the preceding year.

(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 1 January 2013, by section 37 of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).

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