89 EPA to publish certain information

(1)

The EPA must publish the following information in accordance with subsection (2):

(a)

in respect of each activity listed in Schedule 3, the total number of participants—

(i)

registered under section 56; and

(ii)

removed from the register under section 59; and

(b)

in respect of each activity listed in Schedule 4, the total number of participants—

(i)

registered under section 57; and

(ii)

removed from the register under sections 58(4) and 59; and

(c)

the total number and type of activities reported in emissions returns; and

(d)

the total quantity of emissions and removals reported in emissions returns; and

(e)

subject to subsections (3) and (4), the total quantity of emissions by activity and the total quantity of removals by activity reported in emissions returns; and

(f)

the number of participants who failed to comply with their obligation to—

(i)

submit an emissions return under section 65(1), 118(2), 189(4), 191, or 193; or

(ii)

surrender or repay units under section 65(4), 118(5), 123(3) or (6), 125, 189, 191, or 193; and

(g)

the total number of units surrendered; and

(h)

the total number of New Zealand units transferred for removal activities; and

(i)

the total number of New Zealand units allocated under subpart 2 less any units repaid; and

(j)

the total sum of money paid to a Crown Bank Account in accordance with section 178A(2)(a)(ii) or (iii); and

(k)

the total sum of money paid by the EPA in accordance with section 178A(2)(b)(ii) or (iii).

(2)

The EPA—

(a)

must publish the information specified in subsection (1) as soon as practicable after the end of the reporting year; and

(b)

may publish the information specified in subsection (1), in whole or in part, at any other time and in whatever manner and format that the EPA considers appropriate.

(2A)

In this section, reporting year means a 12-month period starting on 1 July of one year and ending with the close of 30 June of the following year.

(3)

The EPA is not required to publish the information required under subsection (1)(e) in respect of an activity or the information required under subsection (1)(i) if the EPA is satisfied that publishing the information would result in the disclosure of a participant’s individual emissions or an eligible person’s own allocation, unless—

(a)

the participant or eligible person to whom the information relates has consented to the publication of the information; or

(b)

the information is already in the public domain.

(4)

The EPA is only required to publish the total quantity of emissions and the total quantity of removals in aggregate for the activities in Part 1 of Schedule 4.

Section 89: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 89 heading: amended, on 5 December 2011, by section 19 of the Climate Change Response Amendment Act 2011 (2011 No 15).

Section 89(1): amended, on 5 December 2011, by section 19 of the Climate Change Response Amendment Act 2011 (2011 No 15).

Section 89(1)(e): amended, on 8 December 2009, by section 34(1) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 89(1)(i): substituted, on 8 December 2009, by section 34(2) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 89(1)(i): amended, on 1 January 2013, by section 41(1) of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).

Section 89(1)(j): inserted, on 1 January 2013, by section 41(2) of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).

Section 89(1)(k): inserted, on 1 January 2013, by section 41(2) of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).

Section 89(2): replaced, on 1 January 2013, by section 41(3) of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).

Section 89(2A): inserted, on 1 January 2013, by section 41(3) of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).

Section 89(3): amended, on 5 December 2011, by section 19 of the Climate Change Response Amendment Act 2011 (2011 No 15).

Section 89(3): amended, on 8 December 2009, by section 34(3) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 89(3): amended, on 8 December 2009, by section 34(4) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 89(3)(a): amended, on 8 December 2009, by section 34(5) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 89(4): added, on 8 December 2009, by section 34(6) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 89(4): amended, on 5 December 2011, by section 19 of the Climate Change Response Amendment Act 2011 (2011 No 15).