Schedule 4 Activities with respect to which persons may be participants

s 2A

Schedule 4: added, on 26 September 2008, by section 52 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Schedule 4 heading: amended, on 8 December 2009, by section 86(1) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Part 1 Forestry removal activities

(applies on and after 1 January 2008)

Owning post-1989 forest land, other than post-1989 forest land that is subject to a forest sink covenant registered under section 67ZD of the Forests Act 1949.

Holding a registered forestry right or being the leaseholder under a registered lease of post-1989 forest land, other than post-1989 forest land that is subject to a forest sink covenant registered under section 67ZD of the Forests Act 1949.

Being a party to a Crown conservation contract.

Part 2 Other removal activities

Subpart 1

(applies on and after 1 January 2010)

Producing a product that contains a substance—

(a)

that—

(i)

is permanently embedded in the product; or

(ii)

is temporarily embedded in the product, and the product is exported with the substance embedded; and

(b)

that would result in emissions if not embedded; and

(c)

where—

(i)

a person is required to surrender units under this Act in respect of the emissions that would result if the substance was not embedded; and

(ii)

the result of the substance being embedded in the circumstances in paragraph (a)(i) or (ii) is a reduction from emissions reported in New Zealand’s annual inventory report under the Convention or Protocol or any emissions report from New Zealand under a successor international agreement; and

(iii)

any prescribed threshold is met.

Subpart 2

(applies on and after a date determined by Order in Council)

Storing of carbon dioxide after capture, where—

(a)

a person is required to surrender units under this Act in respect of the emissions that would result if the carbon dioxide was not captured and stored; and

(b)

the result of the carbon dioxide being captured and stored is a reduction from emissions reported in New Zealand’s annual inventory report under the Convention or Protocol or any emissions report from New Zealand under a successor international agreement; and

(c)

any prescribed threshold is met.

Subpart 3

(applies, subject to sections 218, 219, and 220, on and after 1 January 2011)

Schedule 4 Part 2 subpart 3: replaced, on 1 January 2013, by section 102(1) of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).

Exporting hydrofluorocarbons or perfluorocarbons, including hydrofluorocarbons or perfluorocarbons contained in goods, where any prescribed threshold is met.

Destroying hydrofluorocarbons or perfluorocarbons where any prescribed threshold is met.

Part 3 Liquid fossil fuels

(applies on and after 1 July 2013)

Schedule 4 Part 3: replaced, on 1 July 2013, by section 102(2) of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).

Purchasing obligation fuel from 1 or more participants who carry out an activity listed in Part 2 of Schedule 3 where any prescribed threshold is met.

Part 4 Stationary energy

(applies on and after 1 January 2009)

Purchasing coal from 1 or more participants who mine coal where the total coal purchased exceeds 250 000 tonnes per year.

Purchasing natural gas from 1 or more participants who mine natural gas where the total natural gas purchased exceeds 2 petajoules per year.

Part 5 Agriculture

[Repealed]

Schedule 4 Part 5: repealed, on 8 December 2009, by section 86(2) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).