Schedule 3 Activities with respect to which persons must be participants

s 2A

Schedule 3: added, on 26 September 2008, by section 52 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Schedule 3 heading: amended, on 8 December 2009, by section 85(1) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Part 1 Forestry

(applies on and after 1 January 2008)

Deforesting pre-1990 forest land other than forest land that under section 179A may not be treated as deforested, if the area deforested is more than 2 hectares in any mandatory emissions return period, but excluding any pre-1990 forest land that is affected by a natural event that permanently prevents re-establishing a forest on that land.

Schedule 3 Part 1: amended, on 23 June 2020, by section 200(1) of the Climate Change Response (Emissions Trading Reform) Amendment Act 2020 (2020 No 22).

Schedule 3 Part 1: amended, on 1 January 2013, by section 101(1) of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).

Part 1A Pre-1990 offsetting forest land

(applies on and after 1 January 2013)

Schedule 3 Part 1A: inserted, on 1 January 2013, by section 101(2) of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).

Deforesting pre-1990 offsetting forest land, but excluding any pre-1990 offsetting forest land that is affected by a natural event that permanently prevents re-establishing a forest on that land.

Part 2 Liquid fossil fuels

(applies on and after 1 January 2009)

Owning obligation fuel—

(a)

at the time the obligation fuel is—

(i)

removed for home consumption in accordance with the Customs and Excise Act 2018; or

(ii)

otherwise removed from a refinery, other than for export; and

(b)

if the total amount of the obligation fuel removed under paragraph (a) exceeds 50 000 litres in a year.

Schedule 3 Part 2: amended, on 23 June 2020, by section 200(2) of the Climate Change Response (Emissions Trading Reform) Amendment Act 2020 (2020 No 22).

Schedule 3 Part 2 paragraph (a)(i): amended, on 1 October 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).

Part 3 Stationary energy

Subpart 1

(applies on and after 1 January 2010)

Schedule 3 Part 3 subpart 1 heading: inserted, on 1 January 2013, by section 101(3) of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).

Importing coal.

Satisfying 1 or both of the following in respect of a year (mining coal):

(a)

mining more than 2,000 tonnes of coal in the year (direct coal mining):

(b)

owning at least 2,000 tonnes of coal, from the person’s direct coal mining, at the start of the year, and where the year is immediately after (coal stockpiling)—

(i)

a year of direct coal mining; or

(ii)

1 or more consecutive years of owning at least 2,000 tonnes of coal (from the person’s direct coal mining) at the start of the year, after an initial year of direct coal mining.

Importing natural gas where the volume of natural gas imported exceeds 10 000 litres in a year.

Mining natural gas, other than for export.

Using geothermal fluid for the purpose of generating electricity or industrial heat (initial use only).

Combusting used oil, waste oil, used tyres, or waste for the purpose of generating electricity or industrial heat.

Refining petroleum where the refining involves the use of intermediate crude oil products (for example, refinery fuels and gases) for energy or feedstock purposes.

Example

A person mines 2,500 tonnes of coal in 2022, which is “direct coal mining” and therefore “mining coal” in 2022. They stop direct coal mining, but still own (from their mining) 2,250 tonnes of coal at the start of 2023 and 2,000 tonnes at the start of 2024, which is “coal stockpiling” and therefore “mining coal” in 2023 and 2024 (under paragraph (b)(i) and (ii) of that term, respectively).

Schedule 3 Part 3 subpart 1: amended, on 23 June 2020, by section 200(3) of the Climate Change Response (Emissions Trading Reform) Amendment Act 2020 (2020 No 22).

Schedule 3 Part 3 subpart 1: amended, on 23 June 2020, by section 200(4) of the Climate Change Response (Emissions Trading Reform) Amendment Act 2020 (2020 No 22).

Schedule 3 Part 3 subpart 1: amended, on 1 January 2013, by section 101(5) of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).

Subpart 2

(applies on and after 1 January 2014)

Schedule 3 Part 3 subpart 2: inserted, on 1 January 2013, by section 101(4) of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).

Using crude oil or other liquid hydrocarbons (other than obligation fuel or as specified in Part 3) where any prescribed threshold is met.

Part 4 Industrial processes

Subpart 1

(applies on and after 1 January 2010)

Producing iron or steel.

Producing aluminium, resulting in the consumption of anodes or the production of anode effects.

Producing clinker, or burnt lime, resulting in calcination of limestone, or calcium carbonates.

Producing glass using soda ash.

Producing gold.

Schedule 3 Part 4 subpart 1: amended, on 8 December 2009, by section 85(2) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Subpart 2

(applies on and after 1 January 2011)

Schedule 3 Part 4 subpart 2: replaced, on 1 January 2013, by section 101(6) of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).

Operating electrical switchgear that uses sulphur hexafluoride where any prescribed threshold is met.

Importing hydrofluorocarbons or perfluorocarbons, excluding hydrofluorocarbons or perfluorocarbons contained in goods.

Manufacturing hydrofluorocarbons or perfluorocarbons other than through producing aluminium, resulting in the consumption of anodes or the production of anode effects.

Schedule 3 Part 4 subpart 2: amended, on 23 June 2020, by section 200(5) of the Climate Change Response (Emissions Trading Reform) Amendment Act 2020 (2020 No 22).

Part 5 Agriculture

Subpart 1—Fertiliser (processor)

(applies on and after 1 January 2011, but is subject to section 219)

Importing or manufacturing synthetic fertilisers containing nitrogen.

Subpart 2—Fertiliser (farmer)

(applies on and after a date appointed by Order in Council, but is subject to section 219)

Purchasing, other than for on-selling, synthetic fertiliser containing nitrogen for application to land.

Schedule 3 Part 5 subpart 2: amended, on 23 June 2020, by section 200(7) of the Climate Change Response (Emissions Trading Reform) Amendment Act 2020 (2020 No 22).

Schedule 3 Part 5 subpart 2: amended, on 8 December 2009, by section 85(3) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Subpart 3—Animals (processor)

(applies on and after 1 January 2011, but is subject to section 219)

Slaughtering ruminant animals, pigs, horses, or poultry by a person who is the operator of a risk management programme registered under the Animal Products Act 1999 for the slaughter of animals.

Dairy processing of milk or colostrum.

Exporting from New Zealand live cattle, sheep, or pigs in accordance with an animal welfare export certificate.

Schedule 3 Part 5 subpart 3: amended, on 23 June 2020, by section 200(8) of the Climate Change Response (Emissions Trading Reform) Amendment Act 2020 (2020 No 22).

Schedule 3 Part 5 subpart 3: amended, on 1 January 2013, by section 101(7) of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).

Schedule 3 Part 5 subpart 3: amended, on 1 January 2013, by section 101(8) of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).

Schedule 3 Part 5 subpart 3: amended, on 8 December 2009, by section 85(4) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Subpart 4—Animals (farmer)

(applies on and after 1 January 2024 or a later date appointed by Order in Council, but is subject to section 219)

Farming, raising, growing, or keeping ruminant animals, pigs, horses, or poultry for—

(a)

reward; or

(b)

the purpose of trade in those animals, or in animal material or animal products taken or derived from those animals.

Schedule 3 Part 5 subpart 4: amended, on 23 June 2020, by section 200(9) of the Climate Change Response (Emissions Trading Reform) Amendment Act 2020 (2020 No 22).

Part 6 Waste

(applies on and after 1 January 2011)

Operating a disposal facility.

Schedule 3 Part 6: amended, on 23 June 2020, by section 200(10) of the Climate Change Response (Emissions Trading Reform) Amendment Act 2020 (2020 No 22).