Climate Change (The New Zealand Refining Company Limited) Exemption Order 2009

2009/372

Crest

Climate Change (The New Zealand Refining Company Limited) Exemption Order 2009

Anand Satyanand, Governor-General

Order in Council

At Wellington this 30th day of November 2009

Present:
His Excellency the Governor-General in Council

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 (The New Zealand Refining Company Limited) Exemption Order 2009.

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

3 Expiry
  • (1) This order expires on the close of 31 December 2022.

    (2) Despite subclause (1), if the Agreement is terminated before the close of 31 December 2022, this order expires on the day after the date on which the Agreement is terminated.

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

    Agreement means the Negotiated Greenhouse Agreement between the Crown and The New Zealand Refining Company Limited dated 24 April 2003.

5 Exemption
  • In relation to the Refinery Business specified in the Agreement, The New Zealand Refining Company Limited is exempt from being a participant under the Act in respect of the activity of refining petroleum listed in Part 3 of Schedule 3 of the Act.

Rebecca Kitteridge,
Clerk of the Executive Council.


Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on 31 December 2009 and expires on 31 December 2022 (or on the day after the date the Negotiated Greenhouse Agreement between the Crown and The New Zealand Refining Company Limited is terminated if terminated before 31 December 2022), provides that The New Zealand Refining Company Limited is, in relation to the Refinery Business specified in the Agreement, exempt from being a participant under the Act in respect of the activity of refining petroleum listed in Part 3 of Schedule 3 of the Climate Change Response Act 2002.


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

Date of notification in Gazette: 3 December 2009.

This order is administered by the Ministry for the Environment.