New Zealand Legislation: Regulations

3 Interpretation

• (1) In these regulations, unless the context otherwise requires,—

  Act means the Climate Change Response Act 2002

  biofuel has the same meaning as in section 1B of the Energy (Fuels, Levies, and References) Act 1989

  blend, in relation to a fuel specified in regulation 4(1), means a blend of that fuel that contains at least 1% of a biofuel

  class, in relation to obligation fuel, means,—

  • (a) if there is no unique emissions factor in force in relation to the obligation fuel, a class of obligation fuel listed in paragraphs (a) to (i) of regulation 4(1):

  • (b) if a unique emissions factor is in force in relation to the obligation fuel, the class of obligation fuel that the unique emissions factor relates to

  Excise and Excise-equivalent Duties Table has the same meaning as in section 76A of the Customs and Excise Act 1996

  kl means kilolitre

  obligation fuel means an obligation fuel specified in regulation 4(1) or a blend of that fuel

  obligation fuel participant means a person who is a participant under section 54(1)(a) of the Act in respect of an activity listed in Part 2 of Schedule 3 of the Act

  obligation jet fuel means the jet fuel specified in regulation 4(1)(f) or a blend of that fuel

  obligation jet fuel participant means a person who is a participant under section 54(1)(b) of the Act in respect of an activity listed in Part 3 of Schedule 4 of the Act

  removed for home consumption has the same meaning as in section 72 of the Customs and Excise Act 1996

  Tariff has the same meaning as in section 2(1) of the Tariff Act 1988

  tCO₂e means tonnes of carbon dioxide equivalent greenhouse gas

  unique emissions factor means a unique emissions factor that the EPA has, under section 91 of the Act, approved a participant to use for the purpose of calculating emissions in accordance with these regulations

  volume, in relation to an obligation fuel or a biofuel, means,—

  • (a) at the point of import or removal from a refinery, the quantity of that fuel or biofuel expressed in kilolitres at a temperature of 15ºC; and

  • (b) at all other times, the quantity of that fuel or biofuel expressed in kilolitres at the ambient temperature.

  (2) A unique emissions factor is in force in relation to a class of obligation fuel if—

  • (a) its use to calculate emissions in relation to the class of obligation fuel has been approved by the EPA under section 91(1) of the Act; and

  • (b) the approval has not expired or ceased to have effect under section 91(2) of the Act.

  Regulation 3(1) class: inserted, on 1 January 2010, by regulation 4(1) of the Climate Change (Liquid Fossil Fuels) Amendment Regulations 2009 (SR 2009/283).

  Regulation 3(1) Excise and Excise-equivalent Duties Table: inserted, on 1 January 2010, by section 11(4) of the Customs and Excise Amendment Act 2009 (2009 No 61).

  Regulation 3(1) unique emissions factor: inserted, on 1 January 2010, by regulation 4(1) of the Climate Change (Liquid Fossil Fuels) Amendment Regulations 2009 (SR 2009/283).

  Regulation 3(1) unique emissions factor: amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14).

  Regulation 3(2): added, on 1 January 2010, by regulation 4(2) of the Climate Change (Liquid Fossil Fuels) Amendment Regulations 2009 (SR 2009/283).

  Regulation 3(2)(a): amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14).