Climate Change Response (Emissions Trading Reform) Amendment Act 2020

Coat of Arms of New Zealand

Climate Change Response (Emissions Trading Reform) Amendment Act 2020

Public Act
 
2020 No 22
Date of assent
 
22 June 2020
Commencement
 
see section 2

Contents

1Title
2Commencement
3Principal Act
4Section 2A amended (Application of Schedules 3 and 4)
5Sections 2B and 2C replaced
2BOrders in Council in relation to subparts 2 and 4 of Part 5 of Schedule 3 (Agriculture)
2CEffect of overlapping application of subparts of Part 5 of Schedule 3 (Agriculture)
6Section 3 amended (Purpose)
7Section 3A amended (Treaty of Waitangi (Te Tiriti o Waitangi))
8New section 3B inserted (Consultation about certain regulations, orders, and notices)
3BConsultation about certain regulations, orders, and notices
9Section 4 amended (Interpretation)
10New section 4AA inserted (Greenhouse gas definition may be amended to add gases)
4AAGreenhouse gas definition may be amended to add gases
11Section 5D amended (Membership of Commission)
12Section 5J amended (Commission’s functions)
13Section 5N amended (Consultation)
14Section 5ZA amended (Commission to advise Minister)
15Section 5ZG amended (Requirement for emissions reduction plan)
16Section 5ZH amended (Commission to advise on emissions reduction plans)
17Section 5ZI amended (Minister to prepare and make emissions reduction plan publicly available)
18Section 5ZL amended (Commission to report at end of emissions budget period)
19New subpart 6 of Part 1B inserted
5ZOARecommendations about limits and price control settings for units
5ZOBRecommendations about decreased or increased phase-out rates
20Section 6 amended (Minister of Finance may direct Registrar regarding establishment of Crown holding accounts and carry out trading activities with respect to units)
21Section 6A amended (Minister’s power to sell by auction)
22Section 7 amended (Minister of Finance may give directions to Registrar regarding accounts and units)
23Section 9 amended (Minister of Finance may obtain information from inventory agency and Registrar)
24Section 10 replaced (Purpose of Registry)
10Purpose of Registry
25Section 13 amended (Registrar may refuse access to, or suspend operation of, Registry)
26Section 14 replaced (Registrar must give effect to directions)
14Registrar must give effect to directions
27Section 15 amended (Registrar to allocate unique numbers)
28Sections 16 and 17 repealed
29Section 18 amended (Form and content of unit register)
30Section 18B amended (Closing holding accounts)
31Section 18C amended (Transfer of units)
32Section 18CA replaced (Effect of surrender, retirement, cancellation, and conversion)
18CAEffect of surrender and cancellation
33Sections 18CB, 18CC, and 18CD repealed
34Section 18D amended (Succession)
35Section 19 repealed (Retirement of Kyoto units by the Crown)
36Section 20 amended (Transactions must be registered)
37Section 21 repealed (Registration procedure for Kyoto units)
38Section 21AA amended (Registration procedure for New Zealand units and approved overseas units)
39Section 21A amended (Electronic registration)
40Section 21B amended (Defective applications)
41Section 23 repealed (Receiving Kyoto units from overseas registries)
42Section 23A amended (Receiving New Zealand units and approved overseas units from overseas registries)
43Section 24 amended (Priority of registration)
44Section 25 amended (Correction of unit register)
45Section 27 amended (Information accessible by search)
46Section 30A amended (The Crown or Registrar not liable in relation to searches in certain cases)
47Sections 30B to 30D and cross-heading repealed
48Section 30E repealed (Conversion of New Zealand units into designated assigned amount units for sale overseas or cancellation)
49Section 30G amended (Regulations relating to Part 2)
50Sections 30GA to 30H replaced
30GARegulations for auctions to sell New Zealand units
30GBRegulations about limits and price control settings for units
30GCRequirements for regulations about limits and price control settings for units
30GDRegulations for auction monitor
30GESharing information with auction monitor
30GFObligation of confidentiality on auction monitor
30GGOffence for breach of auction monitor’s obligation of confidentiality
30HConsultation and commencement for certain regulations about units and auctions
51Section 30I amended (Incorporation by reference in regulations made under section 30G)
52New section 30IA inserted (Minister must obtain greenhouse gas reductions to match certain excess units)
30IAMinister must obtain greenhouse gas reductions to match certain excess units
53Section 30J amended (Signing false declaration with respect to regulations made under section 30G)
54New subpart 3 of Part 2 inserted
30LMeaning of infringement offence and infringement fee
30MRegulations about infringement offences
30NConsultation and commencement for regulations about infringement offences
30OProceedings for infringement offences
30PAppointment of enforcement officers
30QWhen infringement notice may be issued
30RInfringement notice may be revoked
30SWhat infringement notice must contain
30THow infringement notice may be served
30UPayment of infringement fees
30VReminder notices
55Section 31 amended (Meaning of greenhouse gas)
56Section 32 amended (Primary functions of inventory agency)
57Section 35 amended (Publication)
58Section 36 amended (Authorisation of inspectors)
59Section 48 amended (Signing false declaration in respect of regulations made under section 50)
60Section 49 amended (Reporting)
61Section 50 amended (Regulations)
62Section 51 amended (Incorporation by reference in regulations made under section 50)
63Section 52 amended (Inventory agency must report to Minister on certain matters before certain regulations are made)
64Section 53 repealed (Consequential amendments)
65Section 54 amended (Participants)
66Section 55 amended (Associated persons)
67Section 56 amended (Registration as participant in respect of activities listed in Schedule 3)
68Section 57 amended (Applicant to be registered as participant in respect of activities listed in Schedule 4)
69Section 58 amended (Removal from register of participants in respect of activities listed in Schedule 4)
70Section 59 amended (Removal from register of participants in respect of activities listed in Schedules 3 and 4)
71New section 59A inserted (Removal from register if participant never carried out activity)
59ARemoval from register if participant never carried out activity
72Section 60 amended (Exemptions in respect of activities listed in Schedule 3)
73New sections 60A and 60B inserted
60AExemption for participants in activity listed in Part 1 of Schedule 4
60BIncorporation by reference in order made under section 60 or 60A
74Section 61 amended (Requirement to have holding account)
75Section 63 amended (Liability to surrender units to cover emissions)
76Section 64 amended (Entitlement to receive New Zealand units for removal activities)
77New section 64A inserted (Transfer of units allocated, or entitled to be received or reimbursed, less any units that must be surrendered or repaid)
64ATransfer of units allocated, or entitled to be received or reimbursed, less any units that must be surrendered or repaid
78Section 65 amended (Annual emissions returns)
79Section 68 amended (Issuing New Zealand units)
80Section 69 repealed (Notification of intention regarding New Zealand units)
81Cross-heading above section 70 amended
82Sections 70 to 79 replaced
70Allocation plan issued
83Section 81 amended (Entitlement to provisional allocation for eligible industrial activities)
84Section 83 amended (Annual allocation adjustment)
85New sections 84A to 84C inserted
84ARegulations setting decreased phase-out rates
84BRegulations setting increased phase-out rates
84CProcedure for regulations setting phase-out rates
86Section 85 amended (Allocation of New Zealand units in relation to agriculture)
87Section 85A amended (Temporary suspension of phase-out rates for assistance under sections 81, 83(2), and 85(2))
88Section 86 amended (Applications for allocation of New Zealand units for industry and agriculture)
89Section 86A amended (Provisional allocation to industry in and after 2013)
90Section 86B amended (Decisions on applications for allocations of New Zealand units to industry and agriculture)
91New sections 86BA to 86BC inserted
86BADecisions on applications for allocations of New Zealand units to agriculture
86BBTransfer of allocated units to industry, less any units that must be surrendered or repaid
86BCTransfer of allocated units to agriculture, less any units that must be surrendered or repaid
92Section 86C amended (Reconsideration of allocation decisions)
93Section 86E amended (Minister or EPA or chief executive may require further information for purpose of carrying out functions under subpart)
94Section 87 amended (Functions of EPA)
95Section 88 amended (Directions to EPA)
96Section 89 amended (EPA to publish certain information)
97New section 89A inserted (EPA to publish participant data on emissions and removals)
89AEPA to publish participant data on emissions and removals
98Section 90 amended (EPA may prescribe form of certain documents)
99New section 91A inserted (Correction of unique emissions factors)
91ACorrection of unique emissions factors
100Section 93 amended (Appointment of enforcement officers)
101Section 94 amended (Power to require information)
102Section 95 amended (Power to inquire)
103Section 96 amended (Inquiry before District Court Judge)
104Section 99 amended (Obligation to maintain confidentiality)
105Section 100 amended (Power of entry for investigation)
106Section 104 amended (Information obtained under section 100 or 101 only admissible in proceedings for alleged breach of obligations imposed under this Part and Part 5)
107Section 107 amended (Applications for emissions rulings)
108New section 107A inserted (Insufficient information provided for ruling on entire application)
107AInsufficient information provided for ruling on entire application
109Section 108 amended (Matters in relation to which EPA may decline to make emissions rulings)
110Section 109 amended (Making of emissions rulings)
111Section 116 amended (Effect of emissions rulings)
112Section 117 amended (EPA may publish certain aspects of emissions rulings)
113Section 124 amended (Reimbursement of units by EPA)
114Section 125 replaced (Repayment of units by persons in case of error)
125Repayment of units by persons in case of error
115Section 127 amended (Time bar for amendment of emissions returns)
116Section 129 amended (Offences in relation to failure to comply with various provisions)
117Section 132 amended (Other offences)
118Section 133 amended (Evasion or similar offences)
119Section 143 amended (Evidence in proceedings)
120Section 144 amended (Request for review of decisions)
121Section 148 amended (Giving of notices to EPA)
122Section 150 amended (Formation of consolidated group)
123Section 151 amended (Changes to consolidated groups)
124Section 151A amended (Addition of activities to consolidated groups)
125Section 152 amended (Nominated entities)
126Section 153 amended (Effect of being member of consolidated group)
127Section 154 repealed (Emissions returns by consolidated group in respect of activities in Part 1 of Schedule 4)
128Section 155 amended (Ceasing to be member of consolidated group)
129Section 156 replaced (Effect of ceasing to be member of consolidated group)
156Effect of ceasing to be member of consolidated group
130Section 156A amended (Removal of activities from consolidated groups)
131Section 157 amended (Unincorporated bodies)
132Section 159 amended (Recovery of costs)
133Section 160 amended (Review of operation of emissions trading scheme)
134Section 161 amended (Appointment and conduct of review panel)
135Section 161A amended (Regulations in relation to eligible industrial activities)
136Section 161B repealed (Australian eligible industrial activities)
137Section 161C amended (Other eligible industrial activities)
138Section 161D amended (Power to require information for purposes of allocation to industry)
139Section 161E amended (Requirements in respect of notice given under section 161D)
140Section 161F repealed (Consultation on activities that may be prescribed as eligible industrial activities)
141Section 161G amended (Regulations in relation to eligible agricultural activities)
142Section 162 amended (Regulations adding further activity to Part 2 of Schedule 4)
143Section 163 amended (Regulations relating to methodologies and verifiers)
144Section 166 replaced (Procedure for regulations relating to methodologies, verification, unique emissions factors, and offsetting)
166Consultation and commencement for regulations about methodologies, verifiers, and unique emissions factors
145Section 167 amended (Regulations relating to fees and charges)
146Section 168 amended (Other regulations)
147Section 169 amended (Incorporation by reference in regulations made under section 163, 164, 167, or 168)
148Section 170 replaced (Effect of amendments to, or replacement of, material incorporated by reference in regulations)
170Effect of amendments to, or replacement of, material incorporated by reference in regulations
149Section 172 replaced (Effect of expiry of material incorporated by reference)
172Effect of expiry of material incorporated by reference
150Section 173 amended (Requirement to consult)
151Section 174 amended (Public access to material incorporated by reference)
152Section 175 amended (Application of Legislation Act 2012 to material incorporated by reference)
153Section 178A amended (Option to pay money instead of surrendering units to cover emissions)
154Section 178B amended (Issuing New Zealand units to meet surrender obligations)
155Section 178C replaced (Prohibition on ability to export New Zealand units)
178CFixed price (for option to pay money instead of surrendering, repaying, or reimbursing units)
156Part 5 divided into Parts 5 to 5D and new Part 5 divided into subparts
157Section 179A amended (Forest land may not be treated as deforested in certain cases)
158Section 183 amended (Applications for exemption for land holdings of less than 50 hectares of pre-1990 forest land)
159Section 183A amended (Certain applications not otherwise permitted by section 183)
160New section 183B inserted (Applications for exemption for some Maori land or land with 10 or more owners)
183BApplications for exemption for some Maori land or land with 10 or more owners
161Section 184 amended (Exemptions for deforestation of land with tree weeds)
162Section 186F amended (Regulations relating to offsetting)
163Section 186H amended (Treatment of allocations in respect of pre-1990 forest land that is offset)
164Section 187 amended (Conditions on registration as participant in respect of certain activities relating to post-1989 forest land)
165Section 188 amended (Registration as participant in respect of post-1989 forest land)
166New sections 188B and 188C inserted
188BNotice to forestry participant if their registration added or removed
188CNotice to interested party if forestry participant’s registration added or removed
167Section 189 amended (Emissions returns for post-1989 forest land activities)
168Section 191 amended (Ceasing to be registered as participant in respect of post-1989 forest land)
169New section 191A inserted (If participant has never carried out activity in carbon accounting area)
191AIf participant has never carried out activity in carbon accounting area
170Section 192 amended (Effect of transmission of interest in post-1989 forest land)
171Section 193 amended (Emissions returns in relation to transmitted interests)
172New cross-heading above section 194 inserted
173New sections 194A to 194C and cross-headings inserted
194AInput returns may be submitted for certain emissions returns for forestry activities
194BEPA may do calculations based on input return
194CRegulations for input returns
174Sections 196 and 197 and cross-heading replaced
196Meaning of forestry classification
196AEPA may give forestry classifications to areas of land
196BEffect of forestry classifications
196CChange of forestry classification to correct error
196DChange of forestry classification to update for changes
196EForestry classification with effect before date classification given
196FRegulations for forestry classifications
197Entitlement to units for removals from grant-funded forests
197ARegulations for grant-funded forests
175Section 198 amended (Registration as participant by purchasers of obligation fuel)
176Section 202 amended (Activities added to Part 2 of Schedule 3)
177Section 209 amended (Registration as participant by purchasers of coal or natural gas)
178Section 213 amended (Participant in respect of subpart 4 of Part 5 of Schedule 3)
179New sections 215 and 216 inserted
215Ministers to report on alternative pricing system for farm-level agriculture emissions
216Regulations for voluntary reporting or surrender for animals–farmer or fertiliser–farmer activity
180Section 217 amended (Transitional provision for penalties)
181Section 218 repealed (Transitional provision for voluntary reporting)
182Sections 219 to 222 replaced
219Transitional provision for surrender obligations of certain participants
220Commission to report on progress towards meeting farm-level obligations
183Section 222H amended (Transitional provision for unincorporated bodies)
184Section 233 amended (Rate of synthetic greenhouse gas levy)
185Section 234 repealed (Transitional provision for synthetic greenhouse gas levy)
186Section 236 replaced (Maximum price of carbon for purpose of levy calculation)
236Maximum price of carbon for purpose of levy calculation
187Section 243 amended (Circumstances where levy may be refunded)
188Section 244 amended (Exemptions from payment of synthetic greenhouse gas levy)
189Section 245 amended (Regulations specifying levy rates)
190Section 246 amended (Regulations relating to synthetic greenhouse gas levy)
191Section 247 repealed (Process for making orders and regulations)
192Section 249 amended (Application of section 88 (Directions to EPA))
193Section 252 amended (Enforcement officers)
194Section 257 amended (Power of entry for investigation, warrants, etc)
195Section 258 amended (Regulations relating to verifiers)
196Section 269 amended (Review of operation and effectiveness of levy)
197Section 270 amended (Appointment and conduct of independent panel)
198Schedule 1AA amended
199New Schedule 2A inserted
200Schedule 3 amended
201Schedule 4 amended
202New Schedule 5 inserted
203Section 30G amended (Regulations relating to Part 2)
204Section 183A amended (Certain applications not otherwise permitted by section 183)
205Section 186H amended (Treatment of allocations in respect of pre-1990 forest land that is offset)
206Section 189 amended (Emissions returns for post-1989 forest land activities)
207Section 191 amended (Ceasing to be registered as participant in respect of post-1989 forest land)
208Schedule 1AA amended
209Section 3A amended (Treaty of Waitangi (Te Tiriti o Waitangi))
210Section 3B amended (Consultation about certain regulations, orders, and notices)
211Section 4 amended (Interpretation)
212New subpart 4 of Part 2 inserted
30WRegulations setting price of carbon
213Section 89 amended (EPA to publish certain information)
214Section 120 amended (Amendment to emissions returns by EPA)
215New section 120A inserted (Liabilities, penalties, and interest when emissions returns amended)
120ALiabilities, penalties, and interest when emissions returns amended
216Section 123 amended (Effect of amendment or assessment)
217Section 127 amended (Time bar for amendment of emissions returns)
218Section 129 amended (Offences in relation to failure to comply with various provisions)
219Section 132 amended (Other offences)
220Sections 134 to 136 replaced
134Penalty for failing to surrender or repay units by due date
134APenalty for failing to submit emissions return by due date
134BPenalty for failing to submit annual or closing allocation adjustment by due date
134CPenalty for submitting incorrect emissions return
134DPenalty for providing incorrect information in allocation application or adjustment
135Date for payment of penalty
135ADeferred payment arrangements for payments of penalties
136Penalties are debt due to Crown
221Section 137 amended (Interest for late payment)
222Section 138 amended (Obligation to pay penalty not suspended by appeal)
223Section 138A replaced (Penalties to be paid into Crown account)
138APenalties to be paid into Crown account
224Section 159 amended (Recovery of costs)
225Section 179 amended (Forest land to be treated as deforested in certain cases)
226Section 181 amended (When deforestation to be treated as occurring in respect of pre-1990 forest land)
227Section 189 amended (Emissions returns for post-1989 forest land activities)
228Section 192 amended (Effect of transmission of interest in post-1989 forest land)
229Section 217 amended (Transitional provision for penalties)
230Section 233 amended (Rate of synthetic greenhouse gas levy)
231Section 236 amended (Maximum price of carbon for purpose of levy calculation)
232Schedule 1AA amended
233Section 3A amended (Treaty of Waitangi (Te Tiriti o Waitangi))
234Section 3B amended (Consultation about certain regulations, orders, and notices)
235Section 4 amended (Interpretation)
236Section 54 amended (Participants)
237Section 56 amended (Registration as participant in respect of activities listed in Schedule 3)
238Section 57 amended (Applicant to be registered as participant in respect of activities listed in Schedule 4)
239Section 58 amended (Removal from register of participants in respect of activities listed in Schedule 4)
240New section 59AA inserted (Removal from register for persistent non-compliance (standard forestry participants only))
59AARemoval from register for persistent non-compliance (standard forestry participants only)
241Section 60A amended (Exemption for participants in activity listed in Part 1 of Schedule 4)
242Section 62 amended (Monitoring of emissions and removals)
243Section 63 amended (Liability to surrender units to cover emissions)
244Section 64 amended (Entitlement to receive New Zealand units for removal activities)
245Section 65 amended (Annual emissions returns)
246Section 67 amended (Retention of emissions records)
247Section 89 amended (EPA to publish certain information)
248Section 91 amended (Approval of unique emissions factors)
249Section 92 amended (Recognition of verifiers)
250Section 107 amended (Applications for emissions rulings)
251Section 109 amended (Making of emissions rulings)
252Section 118 amended (Submission of final emissions returns)
253Section 127 amended (Time bar for amendment of emissions returns)
254New section 128A and cross-heading inserted
128AEPA may act if participant fails to give notice
255Section 129 amended (Offences in relation to failure to comply with various provisions)
256Section 134A amended (Penalty for failing to submit emissions return by due date)
257Section 134C amended (Penalty for submitting incorrect emissions return)
258Section 135A amended (Deferred payment arrangements for payments of penalties)
259Section 136 amended (Penalties are debt due to Crown)
260Section 137 amended (Interest for late payment)
261Section 138 amended (Obligation to pay penalty not suspended by appeal)
262Section 138A amended (Penalties to be paid into Crown account)
263Section 153 amended (Effect of being member of consolidated group)
264Section 157A amended (Changes to unincorporated bodies that are participants)
265Section 159 amended (Recovery of costs)
266Section 163 amended (Regulations relating to methodologies and verifiers)
267Section 167 amended (Regulations relating to fees and charges)
268Section 168 amended (Other regulations)
269Section 169 amended (Incorporation by reference in certain regulations)
270Section 178A amended (Option to pay money instead of surrendering, repaying, or reimbursing units)
271Section 178C amended (Fixed price (for option to pay money instead of surrendering, repaying, or reimbursing units))
272Part 5 replaced
179Forest land to be treated as deforested in certain cases
179AForest land may not be treated as deforested in certain cases
180Participant in respect of pre-1990 forest land
180AWhen deforestation to be treated as occurring in respect of pre-1990 forest land
180BApplications for exemption for land holdings of less than 50 hectares of pre-1990 forest land
180CCertain applications not otherwise permitted by section 180B
180DApplications for exemption for some Maori land or land with 10 or more owners
180EExemptions for deforestation of land with tree weeds
180FEffect of exemption
180GRegulations about exemptions for deforestation of land with tree weeds
180HMethodology for pre-1990 forest land cleared in 8 years or less
181Interpretation
181AApplication to offset land for pre-1990 forest land
181BCriteria for P90 offset application
181CEffect of approval of P90 offset application
181DEffect of P90 offset application being declined
181EAllocations for pre-1990 forest land to be surrendered when application approved
181FP90 offset release criteria
181GP90 release criteria notice
181HApplication to add area 2 (approved) land
181ICriteria for adding area 2 (approved) land
181JEffect of approval of application to add area 2 (approved) land
181KEffect of application to add area 2 (approved) land being declined
181LLand that must be identified as area 1 (not offset) land
181MExtension of time to add area 2 (approved) land
181NEffect on P90 offset date
181OReimbursement of surrendered allocation
181PParticipant in respect of P90 offsetting land
181QClearing or deforestation before required equivalence date
181RClearing before required equivalence date
181SDeforestation before required equivalence date
181TP90 offsetting land becomes pre-1990 forest land
181UP90 offsetting land register
181VEPA to give information on request
181WRegulations for P90 offsetting
182Standard and permanent forestry on post-1989 forest land
182AConditions on registration as participant in certain activities of standard or permanent forestry in respect of post-1989 forest land
182BEPA to give public notice of criteria for assessing risk of tree weed spread
182CRegistration as participant in standard or permanent forestry
182DNotice to forestry participant if their registration added or removed
182ENotice to interested party if forestry participant’s registration added or removed
182FRemoving registration as participant in standard or permanent forestry
182GRemoving registration as participant in standard or permanent forestry in certain natural events or clearance for forest management
183Provisional forestry emissions return in any year
183AFinal forestry emissions return at end of mandatory emissions return period
183BPreparing provisional or final forestry emissions return
184Gross liability or entitlement for each CAA1 in emissions return
184ANet liability or entitlement for each CAA1 in final forestry emissions return
184BUnit balance calculation for each CAA1 in emissions return
184CTotal liability or entitlement for all CAA1s in emissions return
184DTotal liability or entitlement has effect, and unit balance updated, when emissions return submitted
185New unit balance report
185AMaximum liability is unit balance of carbon accounting area
186Ceasing participation for whole carbon accounting areas
186AEffect of ceasing participation for whole carbon accounting areas
186BCeasing participation for part carbon accounting areas
186CEffect of ceasing participation for part carbon accounting areas
186DIf participant has never carried out activity in carbon accounting area
187Transmission of interest in post-1989 forest land
187AEffect of transmission of interest in post-1989 forest land
187BEPA may act if person fails to give notice of transmitted interest
187CHow EPA may act
187DEPA may attribute liability and entitlement to final transferee after earlier non-compliant transmission
188Application to reconfigure carbon accounting areas for standard or permanent forestry
188ACriteria to reconfigure carbon accounting areas for standard or permanent forestry
188BApproval of application to reconfigure carbon accounting areas for standard or permanent forestry
188CRestriction start date of reconfigured carbon accounting area for permanent forestry
189Application to change activity on post-1989 forest land
189ACriteria to change activity on post-1989 forest land
189BApproval of application to change activity on post-1989 forest land
189CEmissions return for application to change from PFSI activity
189DNew unit balance reports for application to change from PFSI activity
189ELiability to surrender units on transfer from PFSI activity to standard forestry in carbon accounting area (averaging)
189FLiability to surrender units on transfer from permanent forestry to standard forestry in carbon accounting area (averaging)
189GLiability to surrender units on transfer from standard forestry in carbon accounting area (averaging) to permanent forestry
190Permanent forestry period for land
190ARestriction on ceasing to be registered for permanent forestry
190BMinister may approve removal of land from permanent forestry
190CException from prohibition on clear-felling and deforestation
190DPermanent forestry land must not be clear-felled
190EPecuniary penalty for clear-felling of permanent forestry land
190FRegulations for pecuniary penalty for clear-felling
190GPermanent forestry land must not be deforested
190HPecuniary penalty for deforestation of permanent forestry land
190IDue dates for payment of penalties and recovery of EPA’s costs
190JOption must be chosen at end of permanent forestry period
190KRemoval of carbon accounting area from permanent forestry
191Interpretation
191AOverview of averaging accounting methodology
191BAveraging accounting applies to carbon accounting areas (averaging)
191CFirst rotation forest and subsequent rotation forest
191DCarbon stock measures for land
191EEntitlement to receive units
191FLiability to surrender units
191GCalculating and reporting emissions and removals
191HRestriction on reconfiguration
191IRegulations for averaging
192Interpretation
192AApplication to offset land for land in carbon accounting area (averaging)
192BCriteria for P89 offset application
192CEffect of approval of P89 offset application
192DDuration of P89 offsetting (approved) land status
192EEffect of being P89 offsetting (approved) land
192FSubsequent rotation forest
192GReconfiguration restrictions
192HNo transfers to permanent forestry
192IP89 offset release criteria
192JP89 release criteria notice
192KLiability to surrender units if P89 offset release criteria not met
192LMaximum liability and apportionment
192MP89 offset date unit balance report
192NEffect on P89 offset date
192OEPA may take action if original criteria not met
192PEffect of declaration after P89 offset date
192QRemedial action: land substitution
192RCriteria for land substitution
192SEffect of approval of land substitution
192TEffect of application to substitute land being declined
192URegulations for P89 offsetting
193Interpretation for this subpart
193AApplication for temporary adverse event suspension
193BCriteria of temporary adverse event suspension
193CApproval of temporary adverse event suspension
193DDuration of temporary adverse event land status
193EEffect of being temporary adverse event land
193FNo liability or entitlement
193GFirst rotation forest
193HReconfiguration restrictions
193IDamage to land turns out to be permanent
193JRe-establishment criteria
193KNotice of achievement of re-establishment
193LEffect on re-establishment date
193MCarbon recovery criteria
193NNotice when land achieves carbon recovery
193OCancellation for breach of conditions
193POther circumstances causing land to cease to be temporary adverse event land
193QConsequences if land ceases to be temporary adverse event land
193RRegulations for temporary adverse events
194Input returns may be submitted for certain emissions returns for forestry activities
194AEPA may do calculations based on input return
194BRegulations for input returns
195Notification of status of forest land
195AInformation about status of forest land
196Meaning of forestry classification
196AEPA may give forestry classifications to areas of land
196BEffect of forestry classifications
196CChange of forestry classification to correct error
196DChange of forestry classification to update for changes
196EForestry classification with effect before date classification given
196FRegulations for forestry classifications
197Entitlement to units for removals from grant-funded forests
197ARegulations for grant-funded forests
273Part 6 heading repealed
274Schedule 1AA amended
275Schedule 3 amended
276Schedule 4 amended
277Schedule 4 amended
278Climate Change (Fishing Allocation Plan) Order 2010 revoked
279Consequential amendments
280Consequential amendments
281Consequential amendments
282Forests (Permanent Forest Sink) Regulations 2007 revoked
283Consequential amendments
Legislative history
Administrative information

The Parliament of New Zealand enacts as follows: