86BA Decisions on applications for allocations of New Zealand units to agriculture

(1)

This section applies if—

(a)

the EPA receives an application under section 86 in respect of an eligible agricultural activity; and

(b)

the applicant has submitted any emissions returns that are due.

(2)

The EPA must decide—

(a)

whether the applicant is eligible to receive an allocation in respect of the application:

(b)

if in the EPA’s opinion the applicant is eligible for an allocation, the number of units the applicant is entitled to be allocated.

(3)

If the EPA decides that an applicant is entitled to receive an allocation, then the EPA must—

(a)

notify the applicant of—

(i)

the number of units the applicant has been allocated; and

(ii)

the person’s right under section 144 to seek a review of the allocation decision; and

(b)

comply with section 86BC.

(4)

If the EPA decides that an applicant is not eligible to receive an allocation, then the EPA must notify the applicant of—

(a)

the EPA’s decision; and

(b)

the reasons for the decision; and

(c)

the person’s right under section 144 to seek a review of the allocation decision.

(5)

The EPA must, as soon as practicable after deciding an eligible person’s allocation for an eligible agricultural activity in respect of a year,—

(a)

publish the decision in the Gazette; and

(b)

ensure that it is accessible via the Internet site of the EPA.

(6)

However, the EPA is not required to publish the allocation of an eligible person for an eligible agricultural activity in respect of a year, or ensure that it is accessible via the Internet, if the EPA considers that publishing that information would be likely to prejudice unreasonably the commercial position of the eligible person who received the allocation.

Section 86BA: inserted, on 23 June 2020, by section 91 of the Climate Change Response (Emissions Trading Reform) Amendment Act 2020 (2020 No 22).