Climate Change (General Exemptions) Order 2009

Reprint
as at 1 January 2014

Coat of Arms of New Zealand

Climate Change (General Exemptions) Order 2009

(SR 2009/370)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 30th day of November 2009

Present:
His Excellency the Governor-General in Council


Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This order is administered by the Ministry for the Environment.


Pursuant to section 60 of the Climate Change Response Act 2002, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council and on the recommendation of the Minister for Climate Change Issues made after complying with the requirements of that section, makes the following order.

Order

1 Title
  • This order is the Climate Change (General Exemptions) Order 2009.

2 Commencement
  • This order comes into force on 31 December 2009.

3 Interpretation
  • In this order, unless the context otherwise requires,—

    calf means a male or female bovine that—

    • (a) is under 12 months of age; and

    • (b) weighs less than 40 kg at the slaughter point

    company, in relation to a New Zealand person, has the same meaning as in section YA 1 of the Income Tax Act 2007

    cow means a female bovine with more than 6 permanent teeth

    heifer means a female bovine with no more than 6 permanent teeth

    milk solids means milk-fat and protein components of raw milk (being untreated milk) from cows, heifers, or goats

    New Zealand person means—

    • (a) a New Zealand citizen; or

    • (b) a New Zealand resident within the meaning of section YD 1 of the Income Tax Act 2007; or

    • (c) a company that is resident in New Zealand within the meaning of section YD 2 of the Income Tax Act 2007

    slaughter point means the final point at which the carcass is weighed before it is—

    • (a) broken down into cuts or boneless products; or

    • (b) chilled or frozen

    synthetic fertilisers containing nitrogen means a nitrogen-containing substance or mix of substances, produced by chemical manufacture,—

    • (a) whose main function is to provide nutrients for plants; and

    • (b) which is described as, or held out to be for, or suitable for, sustaining or increasing the growth, productivity, or quality of plants or, indirectly, animals through its application to plants or soil

    underground gas storage facility has the meaning given in section 2(1) of the Crown Minerals Act 1991

    vealer means a male or female bovine that—

    • (a) is under 12 months of age; and

    • (b) weighs between 40 kg and 160 kg at the slaughter point.

    Clause 3: substituted, on 1 January 2011, by clause 4 of the Climate Change (General Exemptions) Amendment Order 2010 (SR 2010/339).

    Clause 3 bobby calf: revoked, on 1 January 2013, by clause 4(1) of the Climate Change (General Exemptions) Amendment Order 2012 (SR 2012/316).

    Clause 3 calf: inserted, on 1 January 2013, by clause 4(2) of the Climate Change (General Exemptions) Amendment Order 2012 (SR 2012/316).

    Clause 3 cow: inserted, on 1 January 2013, by clause 4(2) of the Climate Change (General Exemptions) Amendment Order 2012 (SR 2012/316).

    Clause 3 heifer: inserted, on 1 January 2013, by clause 4(2) of the Climate Change (General Exemptions) Amendment Order 2012 (SR 2012/316).

    Clause 3 in New Zealand temporarily: revoked, on 1 January 2013, by section 103 of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).

    Clause 3 layer hen: revoked, on 1 January 2013, by section 103 of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).

    Clause 3 milk solids: inserted, on 1 January 2013, by clause 4(2) of the Climate Change (General Exemptions) Amendment Order 2012 (SR 2012/316).

    Clause 3 motor vehicle: revoked, on 1 January 2013, by section 103 of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).

    Clause 3 passing through New Zealand: revoked, on 1 January 2013, by section 103 of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).

    Clause 3 slaughter point: inserted, on 1 January 2013, by clause 4(2) of the Climate Change (General Exemptions) Amendment Order 2012 (SR 2012/316).

    Clause 3 underground gas storage facility: inserted, on 24 May 2013, by clause 4 of the Climate Change (General Exemptions) Amendment Order 2013 (SR 2013/198).

    Clause 3 vealer: inserted, on 1 January 2013, by clause 4(2) of the Climate Change (General Exemptions) Amendment Order 2012 (SR 2012/316).

Exemption for entire activity

4 Exemption for activity of importing coal
  • A person who is carrying out the activity of importing coal listed in Part 3 of Schedule 3 of the Act is exempt as a participant in respect of the activity if the person imports coal at a level that does not exceed the threshold set out in Schedule 1.

    Clause 4: amended, on 1 January 2013, by clause 10 of the Climate Change (General Exemptions) Amendment Order 2012 (SR 2012/316).

5 Exemption for activity of using geothermal fluid
  • A person who carries out the activity of using geothermal fluid for the purpose of generating electricity or industrial heat listed in Part 3 of Schedule 3 of the Act is exempt as a participant in respect of the activity if the person uses geothermal fluid for the purpose of generating electricity or industrial heat at a level that does not exceed the threshold set out in Schedule 1.

    Clause 5: amended, on 1 January 2013, by clause 10 of the Climate Change (General Exemptions) Amendment Order 2012 (SR 2012/316).

6 Exemption for activity of combusting used oil or waste oil
  • A person who carries out the activity of combusting used oil or waste oil for the purpose of generating electricity or industrial heat listed in Part 3 of Schedule 3 of the Act is exempt as a participant in respect of the activity if the person combusts used oil or waste oil at a level that does not exceed the threshold set out in Schedule 1.

    Clause 6: amended, on 1 January 2013, by clause 10 of the Climate Change (General Exemptions) Amendment Order 2012 (SR 2012/316).

6A Exemption for activity of using specified liquid hydrocarbons
  • (1) A person who carries out the activity (listed in subpart 2 of Part 3 of Schedule 3 of the Act) of using specified liquid hydrocarbons is exempt as a participant in respect of the activity if the person uses specified liquid hydrocarbons at a level that does not exceed the threshold for the activity set out in Schedule 1.

    (2) In subclause (1), specified liquid hydrocarbons means the liquid hydrocarbons described in subpart 2 of Part 3 of Schedule 3 of the Act, being crude oil or other liquid hydrocarbons (other than obligation fuel or any used as specified in the rest of that Part 3).

    Clause 6A: inserted, on 1 January 2014, by clause 4 of the Climate Change (General Exemptions) Amendment Order (No 2) 2013 (SR 2013/379).

6B Exemption for activity of producing iron or steel
  • A person who carries out the activity of producing iron or steel (listed in subpart 1 of Part 4 of Schedule 3 of the Act) is exempt as a participant in respect of the activity if the amount of the carbon in the materials the person adds to metal for the purpose of producing iron or steel does not exceed the threshold for the activity set out in Schedule 1.

    Clause 6B: inserted, on 10 October 2013, by clause 5 of the Climate Change (General Exemptions) Amendment Order (No 2) 2013 (SR 2013/379).

7 Exemption for activity of producing gold
  • A person who carries out the activity of producing gold listed in Part 4 of Schedule 3 of the Act is exempt as a participant in respect of the activity if the person produces gold at a level that does not exceed the threshold set out in Schedule 1.

    Clause 7: amended, on 1 January 2013, by clause 10 of the Climate Change (General Exemptions) Amendment Order 2012 (SR 2012/316).

8 Exemption for activity of importing or manufacturing synthetic fertilisers containing nitrogen
  • A person who carries out the activity of importing or manufacturing synthetic fertilisers containing nitrogen listed in subpart 1 of Part 5 of Schedule 3 of the Act is exempt as a participant in respect of the activity if the person imports or manufactures synthetic fertilisers containing nitrogen at a level that does not exceed the annual threshold set out in Schedule 1.

    Clause 8: inserted, on 1 January 2011, by clause 5 of the Climate Change (General Exemptions) Amendment Order 2010 (SR 2010/339).

    Clause 8: amended, on 1 January 2013, by clause 10 of the Climate Change (General Exemptions) Amendment Order 2012 (SR 2012/316).

9 Exemption for activity of slaughtering ruminant animals, pigs, horses, or poultry
  • A person who is the operator of a risk management programme registered under the Animal Products Act 1999 for the slaughter of animals and who carries out the activity of slaughtering ruminant animals, pigs, horses, or poultry listed in subpart 3 of Part 5 of Schedule 3 of the Act is exempt as a participant in respect of the activity except in relation to the slaughter for human consumption of cattle (other than calves and vealers), sheep, deer, goats, pigs, or poultry.

    Clause 9: inserted, on 1 January 2011, by clause 5 of the Climate Change (General Exemptions) Amendment Order 2010 (SR 2010/339).

    Clause 9: amended, on 1 January 2013, by section 103 of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).

    Clause 9: amended, on 1 January 2013, by clause 5(1) of the Climate Change (General Exemptions) Amendment Order 2012 (SR 2012/316).

    Clause 9: amended, on 1 January 2013, by clause 5(2) of the Climate Change (General Exemptions) Amendment Order 2012 (SR 2012/316).

10 Exemption for activity of dairy processing of milk or colostrum
  • A person who carries out the activity (listed in subpart 3 of Part 5 of Schedule 3 of the Act) of dairy processing of milk or colostrum is exempt as a participant in respect of any of the following that apply:

    • (a) dairy processing of milk or colostrum from goats or sheep:

    • (b) dairy processing for which the person is not required to have a risk management programme registered under the Animal Products Act 1999:

    • (c) dairy processing of milk or colostrum to which paragraphs (a) and (b) do not apply if the person carries out the dairy processing at a level that does not exceed the threshold set out in Schedule 1.

    Clause 10: replaced, on 1 January 2013, by clause 6 of the Climate Change (General Exemptions) Amendment Order 2012 (SR 2012/316).

11 Exemption for activity of exporting live cattle, sheep, or pigs
  • A person who carries out the activity of exporting from New Zealand live cattle, sheep, or pigs in accordance with an animal welfare export certificate listed in subpart 3 of Part 5 of Schedule 3 of the Act is exempt as a participant in respect of the activity if the person exports from New Zealand live cattle, sheep, or pigs at a level that does not exceed the annual threshold set out in Schedule 1.

    Clause 11: inserted, on 1 January 2011, by clause 5 of the Climate Change (General Exemptions) Amendment Order 2010 (SR 2010/339).

    Clause 11: amended, on 1 January 2013, by clause 10 of the Climate Change (General Exemptions) Amendment Order 2012 (SR 2012/316).

12 Exemption for activity of producing eggs
  • [Revoked]

    Clause 12: revoked, on 1 January 2013, by section 103 of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).

12A Exemption for operating remote disposal facilities
  • (1) A person who carries out the activity (listed in Part 6 of Schedule 3 of the Act) of operating a disposal facility is exempt as a participant in respect of operating the disposal facility if subclause (2) applies.

    (2) This subclause applies if—

    • (a) the disposal facility has been in operation continuously on and from 31 December 2011; and

    • (b) the disposal facility is not a disposal facility listed in Schedule 2; and

    • (c) one of the following applies:

      • (i) the disposal facility—

        • (A) is situated in mainland New Zealand; and

        • (B) disposes of less than 1 000 net tonnes of waste per calendar year; and

        • (C) is located 150 km or more from the nearest disposal facility listed in Schedule 2:

      • (ii) the disposal facility—

        • (A) is situated in mainland New Zealand; and

        • (B) disposes of less than 500 net tonnes of waste per calendar year; and

        • (C) is located 75 km or more from the nearest disposal facility listed in Schedule 2:

      • (iii) the disposal facility—

        • (A) is not situated in mainland New Zealand; and

        • (B) is located 25 km or more from mainland New Zealand.

    (3) In this clause,—

    diverted tonnage and gross tonnage have the same meaning as in regulation 11(1) of the Waste Minimisation (Calculation and Payment of Waste Disposal Levy) Regulations 2009

    mainland New Zealand means the North Island or South Island of New Zealand

    net tonnes of waste means gross tonnage minus diverted tonnage of waste.

    (4) For the purpose of determining the distance of a disposal facility that is not listed in Schedule 2 from a disposal facility that is listed in Schedule 2, the following apply:

    • (a) the distance is the shortest distance by—

      • (i) road; or

      • (ii) rail; or

      • (iii) road and rail; but

    • (b) if one of the disposal facilities is not located in mainland New Zealand, the distance is the distance by boat between the harbours closest to the disposal facilities.

    Clause 12A: inserted, on 1 January 2013, by clause 7 of the Climate Change (General Exemptions) Amendment Order 2012 (SR 2012/316).

Exemption for part of activity

13 Exemption for activity of mining coal in form of peat
  • A person who carries out the activity of mining coal where the volume of coal mined exceeds 2 000 tonnes in a year listed in Part 3 of Schedule 3 of the Act is exempt as a participant in respect of the part of the activity that concerns the mining of coal in the form of peat if the person mines coal in the form of peat at a level that does not exceed the threshold set out in Schedule 1.

    Clause 13 clause number: substituted, on 1 January 2011, by clause 6 of the Climate Change (General Exemptions) Amendment Order 2010 (SR 2010/339).

    Clause 13: amended, on 1 January 2013, by clause 10 of the Climate Change (General Exemptions) Amendment Order 2012 (SR 2012/316).

14 Exemption for activity of importing sulphur hexafluoride
  • [Revoked]

    Clause 14: revoked, on 1 January 2013, by section 103 of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).

15 Exemption for activity of importing HFC-245fa/365mfc
  • [Revoked]

    Clause 15: revoked, on 1 January 2013, by clause 4 of the Climate Change (General Exemptions) Amendment Order (No 2) 2012 (SR 2012/399).

16 Exemption for activity of mining natural gas, other than for export
  • (1) This clause applies to a person who carries out the activity (listed in Part 3 of Schedule 3 of the Act) of mining natural gas, other than for export.

    (2) The person is exempt as a participant (to the extent determined under subclause (3)) in respect of the mining of natural gas that is—

    • (a) sold to another person; and

    • (b) used to make natural gasoline.

    (3) If subclause (2) applies, the following formula must be used to calculate the amount of natural gas for which the person is exempt as a participant:

    G = (mcg/mc) × N

    where—

    G
    is the amount in tonnes of natural gas for which the person is exempt as a participant
    mcg
    is the mass fraction of carbon in the natural gasoline that is derived from the natural gas
    mc
    is the mass fraction of carbon in the natural gas (as recorded under regulation 16 of the Climate Change (Stationary Energy and Industrial Processes) Regulations 2009
    N
    is the amount in tonnes of natural gasoline derived from the natural gas.

    (4) The person is exempt as a participant in respect of the injection of natural gas into, or the extraction of natural gas from, an underground gas storage facility if another person is, or has been, liable as a participant for emissions from the natural gas prior to its injection into, or extraction from, (as applicable) the underground gas storage facility.

    Clause 16: replaced, on 24 May 2013, by clause 5 of the Climate Change (General Exemptions) Amendment Order 2013 (SR 2013/198).

17 Exemption for activity of operating electrical switchgear that uses sulphur hexafluoride (SF6)
  • A person who carries out the activity (listed in subpart 2 of Part 4 of Schedule 3 of the Act) of operating electrical switchgear that uses sulphur hexafluoride is exempt as a participant if the combined sulphur hexafluoride capacity of all of the electrical switchgear operated by the person in a year does not exceed the threshold set out in the Schedule of this order.

    Clause 17: inserted, on 1 January 2013, by clause 5 of the Climate Change (General Exemptions) Amendment Order (No 2) 2012 (SR 2012/399).


Schedule 1
Exemption thresholds for certain activities

cls 4–8, 10, 11, 13, 17

  • Schedule 1 heading: amended, on 10 October 2013, by clause 6(1) of the Climate Change (General Exemptions) Amendment Order (No 2) 2013 (SR 2013/379).

ExemptionActivity Threshold
cl 4Importing coal 2 000 tonnes of coal per annum
cl 5Using geothermal fluid for the purpose of generating electricity or industrial heat 4 000 tonnes of emissions per annum, as calculated in accordance with the Climate Change (Stationary Energy and Industrial Processes) Regulations 2009
cl 6Combusting used oil or waste oil for the purpose of generating electricity or industrial heat 1 500 tonnes of used or waste oil per annum
cl 6AUsing specified liquid hydrocarbons 1 500 tonnes of specified liquid hydrocarbons per annum
cl 6BProducing iron or steel 100 tonnes of carbon per annum
cl 7Producing gold 5 000 tonnes of emissions per annum, as calculated in accordance with the Climate Change (Stationary Energy and Industrial Processes) Regulations 2009
cl 8Importing or manufacturing synthetic fertilisers containing nitrogen 1 tonne of synthetic fertilisers per annum
cl 10Dairy processing of milk or colostrum 500 tonnes of milk solids per annum
cl 11Exporting live cattle, sheep, or pigs in the case of cattle, 20 cattle per annum
   in the case of sheep, 20 sheep per annum
   in the case of pigs, 20 pigs per annum
cl 13Mining coal in the form of peat 10 000 tonnes of peat per annum
cl 17Operating electrical switchgear that uses sulphur hexafluoride 1 tonne of sulphur hexafluoride contained in electrical switchgear
  • Schedule 1: amended, on 1 January 2014, by clause 6(2) of the Climate Change (General Exemptions) Amendment Order (No 2) 2013 (SR 2013/379).

  • Schedule 1: amended, on 10 October 2013, by clause 6(3) of the Climate Change (General Exemptions) Amendment Order (No 2) 2013 (SR 2013/379).

  • Schedule 1: amended, on 1 January 2013, by clause 6(1) of the Climate Change (General Exemptions) Amendment Order (No 2) 2012 (SR 2012/399).

  • Schedule 1: amended, on 1 January 2013, by clause 6(2) of the Climate Change (General Exemptions) Amendment Order (No 2) 2012 (SR 2012/399).

  • Schedule 1: amended, on 1 January 2013, by section 103 of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).

  • Schedule 1: amended, on 1 January 2013, by clause 8(1) of the Climate Change (General Exemptions) Amendment Order 2012 (SR 2012/316).

  • Schedule 1: amended, on 1 January 2013, by clause 8(2) of the Climate Change (General Exemptions) Amendment Order 2012 (SR 2012/316).

  • Schedule 1: amended, on 1 January 2011, by clause 8(2) of the Climate Change (General Exemptions) Amendment Order 2010 (SR 2010/339).

  • Schedule 1: amended, on 1 January 2011, by clause 8(3) of the Climate Change (General Exemptions) Amendment Order 2010 (SR 2010/339).

Schedule 2
Specified disposal facilities

cl 12A

  • Schedule 2: inserted, on 1 January 2013, by clause 9 of the Climate Change (General Exemptions) Amendment Order 2012 (SR 2012/316).

North Island
Landfill nameArea in which landfill located
Purewa LandfillWhangarei
Redvale LandfillRodney
Whitford LandfillManukau
Hampton Downs LandfillWaikato
Tirohia LandfillHauraki
Omarunui LandfillHastings
Colson Road LandfillNew Plymouth
Broadlands Road LandfillTaupo
Bonny Glen LandfillRangitikei
Levin LandfillHorowhenua
Silverstream LandfillUpper Hutt
Spicer LandfillPorirua
Southern LandfillWellington City
South Island
Landfill nameArea in which landfill located
Eves Valley LandfillNelson
Kate Valley LandfillHurunui
Redruth LandfillTimaru
Victoria Flats LandfillQueenstown Lakes
Green Island LandfillDunedin
A B Lime LimitedSouthland

Rebecca Kitteridge,
Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 3 December 2009.


Reprints notes
1 General
  • This is a reprint of the Climate Change (General Exemptions) Order 2009 that incorporates all the amendments to that order as at the date of the last amendment to it.

2 Legal status
  • Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, will have the status of an official version once issued by the Chief Parliamentary Counsel under section 17(1) of that Act.

3 Editorial and format changes