Climate Change (Eligible Industrial Activities) Regulations 2010

Reprint
as at 30 March 2012

Coat of Arms of New Zealand

Climate Change (Eligible Industrial Activities) Regulations 2010

(SR 2010/189)

Rt Hon Dame Sian Elias, Administrator of the Government

Order in Council

At Wellington this 5th day of July 2010

Present:
The Hon Bill English presiding in Council

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Ministry for the Environment.

Pursuant to section 161A(1) of the Climate Change Response Act 2002, Her Excellency the Administrator of the Government, acting on the recommendation of the Minister for Climate Change Issues (being satisfied as to the matters specified in section 161A(3) of the Climate Change Response Act 2002) and on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title

  • These regulations are the Climate Change (Eligible Industrial Activities) Regulations 2010.

2 Commencement

  • These regulations come into force on 8 July 2010.

3 Interpretation

  • In these regulations, unless the context otherwise requires,—

    CO2e means carbon dioxide equivalent

    dry-weight, in relation to a product or an activity (other than a cementitious product or activity), means 100% equivalent dry-weight (0% moisture content)

    fresh means grown for commercial purposes other than processing (examples of processing include, but are not limited to, artificial drying, bottling, canning, evaporating, freezing, or preserving)

    saleable, in relation to a product specified in these regulations,—

    • (a) means the product is of a quality generally considered by persons who are regularly in the market for that product to be—

      • (i) fit for sale; or

      • (ii) of commercial value; but

    • (b) excludes any product that—

      • (i) is substandard and has been discarded by the person who produced the product:

      • (ii) is recycled while carrying out an eligible industrial activity:

      • (iii) is scrapped or lost before it is packaged for sale

    weight by weight, in relation to a solution, means the weight of the solute relative to the weight of the final solution expressed as a percentage.

    Regulation 3 dry-weight: inserted, on 23 September 2010, by regulation 4 of the Climate Change (Eligible Industrial Activities) Amendment Regulations (No 2) 2010 (SR 2010/327).

    Regulation 3 fresh: inserted, on 1 January 2011, by regulation 4 of the Climate Change (Eligible Industrial Activities) Amendment Regulations (No 3) 2010 (SR 2010/448).

    Regulation 3 weight by weight: added, on 30 June 2011, by regulation 4 of the Climate Change (Eligible Industrial Activities) Amendment Regulations (No 3) 2011 (SR 2011/228).

General provisions

4 Prescribed emissions intensity and allocative baselines

  • (1) The emissions intensity for each eligible industrial activity is set out in column A of the Schedule.

    (2) The allocative baseline for each product of each eligible industrial activity is set out in column B of the Schedule.

5 Method of calculating amount of product from eligible industrial activities

  • (1) An eligible person who, in a year, carries out an eligible industrial activity must use 1 of the following methods for calculating the amount of each product produced by carrying out the activity during that year:

    • (a) direct measurement:

    • (b) measurement derived from—

      • (i) the units of the product sold; and

      • (ii) the changes in inventory for the product.

    (2) If both of the methods specified in subclause (1) are infeasible, then the eligible person must—

    • (a) select a different method to calculate the amount of each product produced by the activity; and

    • (b) take all reasonable care to ensure that the selected method is the most accurate method of the different methods that may be available.

    (3) For any application for a provisional allocation or a final allocation entitlement in respect of the same year, an eligible person must use the same method to calculate the amount of product produced.

6 Allocation factors for electricity

  • The allocation factor for electricity used to determine—

    • (a) the allocative baseline for each product specified in the Schedule is 0.52 tonnes of CO2e per megawatt hour of electricity:

    • (b) the emissions intensity of each eligible industrial activity is 1 tonne of CO2e per megawatt hour of electricity.

Eligible industrial activities

7 Aluminium smelting

  • (1) Aluminium smelting is an eligible industrial activity.

    (2) The product produced by aluminium smelting that must be used as the basis of allocation is the total tonnes of primary aluminium (Al) as weighed after electrolysis but before casting, with a purity equal to or greater than 98%, and that is produced by carrying out the eligible industrial activity.

    (3) For the purposes of this regulation and the Schedule, aluminium smelting means the physical and chemical transformation of alumina (aluminium oxide, Al2O3) into saleable aluminium metal, where the output of this activity is saleable aluminium metal.

    (4) Despite anything in these regulations, the allocative baselines for the product specified in subclause (2) that is produced by New Zealand Aluminium Smelters Limited (company number 156735) are as follows:

    • (a) 2.645, which is the allocative baseline for any 2010 final allocation:

    • (b) 2.726, which is the allocative baseline for any 2011 final allocation:

    • (c) 3.318, which is the allocative baseline for any 2012 provisional allocation:

    • (d) 3.318, which is the allocative baseline for any 2012 final allocation.

    Regulation 7(4): replaced, on 30 March 2012, by regulation 4 of the Climate Change (Eligible Industrial Activities) Amendment Regulations 2012 (SR 2012/57).

8 Production of burnt lime

  • (1) The production of burnt lime is an eligible industrial activity.

    (2) The product produced by the production of burnt lime that must be used as the basis of allocation is the total tonnes of burnt lime that is—

    • (a) produced by carrying out the eligible industrial activity; and

    • (b) of saleable quality.

    (3) For the purposes of this regulation and the Schedule, the production of burnt lime means the physical and chemical transformation through the calcining process of calcium and magnesium sources (eg, calcium carbonate (CaCO3) and magnesium carbonate (MgCO3)) into saleable burnt lime, where the output is burnt lime with a calcium oxide (CaO) or magnesium oxide (MgO) mass content equal to or greater than 60%.

9 Production of carbamide (urea)

  • (1) The production of carbamide (urea) is an eligible industrial activity.

    (2) The product produced by the production of carbamide (urea) that must be used as the basis of allocation is the total tonnes of dry-weight carbamide (CO(NH2)2, urea) that is—

    • (a) produced by carrying out the eligible industrial activity; and

    • (b) of saleable quality.

    (3) For the purposes of this regulation and the Schedule, production of carbamide (urea) means the chemical transformation of hydrocarbons (or other hydrogen and carbon feedstocks) and nitrogen to produce carbamide solution (CO(NH2)2(aq), urea), where the concentration of carbamide (CO(NH2)2, urea) is greater than or equal to 80% with respect to mass, and subsequent production of the following outputs:

    • (a) carbamide solution (CO(NH2)2(aq), urea):

    • (b) saleable granulated, prilled, or other solid forms of carbamide (CO(NH2)2(s), urea).

10 Production of cartonboard

  • (1) The production of cartonboard is an eligible industrial activity.

    (2) The products produced by the production of cartonboard that must be used as the basis of allocation are—

    • (a) Product A, which consists of the total tonnes of rolls or sheets of coated or uncoated cartonboard that is—

      • (i) produced by carrying out the eligible industrial activity; and

      • (ii) of saleable quality:

    • (b) Product B, which consists of equivalent air-dried tonnes (90% bone-dry fibre, 10% moisture content) of pulp produced directly from wood billets, wood chips, or sawdust that is—

      • (i) produced by carrying out the eligible industrial activity; and

      • (ii) of saleable quality:

    • (c) Product C, which consists of equivalent air-dried tonnes (90% bone-dry fibre, 10% moisture content) of pulp produced directly from recovered paper that is—

      • (i) produced by carrying out the eligible industrial activity; and

      • (ii) of saleable quality.

    (3) For the purposes of this regulation and the Schedule, production of cartonboard means the physical transformation of wood chips, sawdust, log billets, wood pulp, or recovered paper to produce rolls or sheets of cartonboard, where the output of this activity is saleable cartonboard that has a grammage range of 150 g/m2 to 500 g/m2, a moisture content in the range of 4% to 11% by weight, and is to be generally used as a cartonboard product (for example, kraft liner, multi-ply, and other paperboard).

11 Production of caustic soda

  • (1) The production of caustic soda is an eligible industrial activity.

    (2) The product produced by the production of caustic soda that must be used as the basis of allocation is the total tonnes of 100% equivalent dry-weight sodium hydroxide (NaOH, caustic soda) that is—

    • (a) produced by carrying out the eligible industrial activity; and

    • (b) not recycled back into the eligible industrial activity; and

    • (c) of saleable quality.

    (3) For the purposes of this regulation and the Schedule, production of caustic soda means the production of chlorine gas and sodium hydroxide (caustic soda) solution by the chemical transformation of sodium chloride solution (NaCl(aq), brine) to chlorine (Cl2(l,g)) and sodium hydroxide solution (NaOH(aq), caustic soda solution), where the sodium hydroxide (NaOH) production is 1:1.13 times the production of chlorine (Cl2) by mass and the outputs include—

    • (a) chlorine (Cl2(l,g)); and

    • (b) sodium hydroxide solution (NaOH(aq), caustic soda solution), which must have a concentration of sodium hydroxide (NaOH) equal to or greater than 14% with respect to mass.

    (4) The chemical reaction involved in the chemical transformation specified in subclause (3) is—

    2NaCl(aq) + 2H2O(l) → 2NaOH(aq) + Cl2(g) + H2(g).

12 Production of ethanol

  • (1) The production of ethanol is an eligible industrial activity.

    (2) The product produced by the production of ethanol that must be used as the basis of allocation is the total kilolitres of 100% equivalent ethanol (C2H5OH) at 20°C, assuming a density of ethanol (C2H5OH) of 789.24 kg/m3 at 20°C, that is—

    • (a) produced by carrying out the eligible industrial activity; and

    • (b) of saleable quality.

    (3) For the purposes of this regulation and the Schedule, production of ethanol means the production of high-purity ethanol by the chemical transformation of fermentable sugars (for example, C6H12O6 or C5H10O5 or C12H22O11 or C18H32O16) to ethanol (C2H5OH) and the subsequent purification process, where the outputs include high-purity ethanol, which must have a concentration of ethanol (C2H5OH) equal to or greater than 95% with respect to volume.

13 Production of hydrogen peroxide

  • (1) The production of hydrogen peroxide is an eligible industrial activity.

    (2) The product produced by the production of hydrogen peroxide that must be used as the basis of allocation is the total tonnes of 100% equivalent hydrogen peroxide (H2O2) that is—

    • (a) produced by carrying out the eligible industrial activity; and

    • (b) of saleable quality.

    (3) For the purposes of this regulation and the Schedule, production of hydrogen peroxide means the chemical transformation of hydrogen (H) feedstocks and oxygen (O) feedstocks to produce a crude aqueous hydrogen peroxide solution, where the concentration of hydrogen peroxide (H2O2(aq)) is equal to or greater than 39% with respect to mass, and subsequent production of saleable aqueous hydrogen peroxide solutions, where the outputs include aqueous hydrogen peroxide solutions, which must have a concentration of hydrogen peroxide (H2O2(aq)) equal to or greater than 34% with respect to mass.

14 Production of market pulp

  • (1) The production of market pulp is an eligible industrial activity.

    (2) The products produced by the production of market pulp that must be used as the basis of allocation are—

    • (a) Product A, which consists of equivalent air-dried tonnes (90% bone-dry fibre, 10% moisture content) of low-yield pulp that is—

      • (i) produced by carrying out the eligible industrial activity; and

      • (ii) of saleable quality:

    • (b) Product B, which consists of equivalent air-dried tonnes (90% bone-dry fibre, 10% moisture content) of high-yield and low-freeness pulp that is—

      • (i) produced by carrying out the eligible industrial activity; and

      • (ii) of saleable quality:

    • (c) Product C, which consists of equivalent air-dried tonnes (90% bone-dry fibre, 10% moisture content) of high-yield and high-freeness pulp that is—

      • (i) produced by carrying out the eligible industrial activity; and

      • (ii) of saleable quality.

    (3) Any amount of the products described in subclause (2) that is to be used as the basis of allocation for the production of market pulp may not be used as the basis of allocation for any other eligible industrial activity.

    (4) For the purposes of this regulation and the Schedule, production of market pulp means the physical transformation of wood chips, sawdust, wood pulp, or recovered paper to produce rolls or bales of market pulp, provided that the market pulp is dried to a moisture content of 4% to 20% by weight and is generally used in paper manufacturing, fibre cement products, or in the production of sanitary products, where the outputs include—

    • (a) low-yield pulp with a fibre recovery less than or equal to 80% bone-dry fibre by mass on bone-dry wood input:

    • (b) high-yield and low-freeness pulp with a fibre recovery greater than 80% bone-dry fibre by mass on bone-dry wood input, and a Canadian Standard Freeness of less than 150 ml:

    • (c) high-yield and high-freeness pulp with a fibre recovery greater than 80% bone-dry fibre by mass on bone-dry wood input, and a Canadian Standard Freeness of greater than or equal to 150 ml.

15 Production of methanol

  • (1) The production of methanol is an eligible industrial activity.

    (2) The product produced by the production of methanol that must be used as the basis of allocation is the total tonnes of 100% equivalent methanol (CH3OH) that is—

    • (a) produced by carrying out the eligible industrial activity; and

    • (b) of saleable quality.

    (3) For the purposes of this regulation and the Schedule, production of methanol means the chemical transformation of 1 or more of hydrocarbons, hydrogen feedstocks, carbon feedstocks, and oxygen feedstocks to produce liquid methanol (CH3OH), where the outputs include liquid methanol (CH3OH), which must have a concentration equal to or greater than 98% with respect to mass.

16 Production of newsprint

  • (1) The production of newsprint is an eligible industrial activity.

    (2) The products produced by the production of newsprint that must be used as the basis of allocation are—

    • (a) Product A, which consists of tonnes of rolls of uncoated newsprint that is—

      • (i) produced by carrying out the eligible industrial activity; and

      • (ii) of saleable quality:

    • (b) Product B, which consists of equivalent air-dried tonnes (90% bone-dry fibre, 10% moisture content) of pulp produced directly from wood chips or sawdust that is—

      • (i) produced by carrying out the eligible industrial activity; and

      • (ii) of saleable quality.

    (3) For the purposes of this regulation and the Schedule, production of newsprint means the physical transformation of wood chips, sawdust, wood pulp or recovered paper to produce rolls of uncoated newsprint, where the output of this activity is uncoated newsprint that has a grammage range of 30 g/m2 to 80 g/m2, a moisture content in the range of 6% to 11% by weight, and is generally used as a newspaper product.

17 Production of packaging and industrial paper

  • (1) The production of packaging and industrial paper is an eligible industrial activity.

    (2) The products produced by the production of packaging and industrial paper that must be used as the basis of allocation are—

    • (a) Product A, which consists of tonnes of saleable rolls of uncoated packaging or industrial paper that is—

      • (i) produced by carrying out the eligible industrial activity; and

      • (ii) of saleable quality:

    • (b) Product B, which consists of equivalent air-dried tonnes (90% bone-dry fibre, 10% moisture content) of pulp produced directly from wood chips or sawdust that is—

      • (i) produced by carrying out the eligible industrial activity; and

      • (ii) of saleable quality:

    • (c) Product C, which consists of equivalent air-dried tonnes (90% bone-dry fibre, 10% moisture content) of pulp produced directly from recovered paper that is—

      • (i) produced by carrying out the eligible industrial activity; and

      • (ii) of saleable quality.

    (3) For the purposes of this regulation and the Schedule, production of packaging and industrial paper means the physical transformation of wood chips, sawdust, wood pulp, or recovered paper to produce rolls of uncoated packaging and industrial paper, where the output of this activity is uncoated packaging or industrial paper that has a grammage range of 30 g/m2 to 500 g/m2, a moisture content in the range of 4% to 12% by weight, and that is generally used as a packaging or industrial paper product (for example, kraft liner; recycled or multi-ply liner; medium, sack, and bag paper; wrapping paper; plasterboard liner; horticultural paper; or building paper; but excluding products produced by the production of cartonboard as specified in regulation 10).

18 Production of tissue paper

  • (1) The production of tissue paper is an eligible industrial activity.

    (2) The products produced by the production of tissue paper that must be used as the basis of allocation are—

    • (a) Product A, which consists of tonnes of rolls of uncoated tissue paper that is—

      • (i) produced by carrying out the eligible industrial activity; and

      • (ii) of saleable quality:

    • (b) Product B, which consists of equivalent air-dried tonnes (90% bone-dry fibre, 10% moisture content) of pulp produced directly from wood chips or sawdust that is—

      • (i) produced by carrying out the eligible industrial activity; and

      • (ii) of saleable quality.

    (3) For the purposes of this regulation and the Schedule, production of tissue paper means the physical transformation of wood chips, sawdust, or wood pulp to produce rolls of uncoated tissue paper, where the output of this activity is uncoated tissue paper that has a grammage range of 13 g/m2 to 75 g/m2, a moisture content in the range of 4% to 11% by weight, and is generally used as a tissue paper product (for example, facial tissue, paper towel, bathroom tissue, or napkins).

19 Manufacture of carbon steel from cold ferrous feed

  • (1) The manufacture of carbon steel from cold ferrous feed is an eligible industrial activity.

    (2) The products produced by the manufacture of carbon steel from cold ferrous feed that must be used as the basis of allocation are—

    • (a) Product A, which consists of the total tonnes of cast carbon steel products, whether or not subsequently hot-rolled, that is—

      • (i) produced by carrying out the eligible industrial activity; and

      • (ii) of saleable quality:

    • (b) Product B, which consists of the total tonnes of long products of hot-rolled carbon steel that is—

      • (i) produced by carrying out the eligible industrial activity; and

      • (ii) of saleable quality.

    (3) For the purposes of this regulation and the Schedule,—

    carbon steel means a material that contains by mass more iron (Fe) than any other single element and has a carbon (C) content of less than 2%

    long products of hot-rolled carbon steel means hot-rolled steel products in coils or straight lengths—

    • (a) that are—

      • (i) produced in rod, bar, and structural or section mills; and

      • (ii) characterised by having one of a variety of cross-sectional shapes (for example, I, T, Y, U, V, H, C, L, square, rectangular, round, flat, hexagonal, angle, channel, structural beam profile, or rail profile); and

    • (b) whose surface finish may be smooth or may contain ribs, grooves, indentations, or other deformations produced by the hot-rolling process

    manufacture of carbon steel from cold ferrous feed means the physical and chemical transformation of cold ferrous feed (for example, ferrous scrap and pig iron) by heating and melting (for example, where electric power is used as the predominant energy source) into liquid steel, cast carbon steel products, and hot-rolled carbon steel products that commence hot-rolling at over 800°C, where the outputs include—

    • (a) cast carbon steel products that are not hot-rolled:

    • (b) long products of hot-rolled carbon steel.

    Regulation 19: added, on 12 August 2010, by regulation 4 of the Climate Change (Eligible Industrial Activities) Amendment Regulations 2010 (SR 2010/237).

20 Production of cementitious products

  • (1) The production of cementitious products is an eligible industrial activity.

    (2) The products produced by the production of cementitious products that must be used as the basis of allocation are—

    • (a) Product A, which consists of the total tonnes, on a dry-weight basis, of Portland cement clinker produced by carrying out the eligible industrial activity:

    • (b) Product B, which consists of the total tonnes, on a dry-weight basis, of cement produced by carrying out the eligible industrial activity.

    (3) For the purposes of this regulation and the Schedule, production of cementitious products means the physical and chemical transformation of calcium carbonate compounds (CaCO3, limestone) or other calcium carbonate (CaCO3) feedstocks (component A) and clay or other silicon dioxide (SiO2, silica), iron (Fe), aluminium oxide (Al2O3, alumina), and other feedstocks (component B) into cementitious outputs—

    • (a) that—

      • (i) involves the fusion of inputs together at a temperature greater than 1000ºC into Portland cement clinker that consists of at least 60% by mass of calcium silicates, and a maximum magnesium oxide (MgO) mass content of 4.5% (Process 1); and

      • (ii) may involve the further transformation of this Portland cement clinker, produced as a result of Process 1, into cement through a process of blending and grinding with other suitable feedstocks (Process 2); and

    • (b) where the outputs are—

      • (i) Portland cement clinker that is suitable for the subsequent manufacture of cement specified in subparagraph (ii):

      • (ii) cement that complies with the relevant New Zealand Standards for cement (NZS 3122:2009, NZS 3123:2009, and NZS 3125:1991) and any other relevant international standards required for export cement consignments.

    Regulation 20: added, on 12 August 2010, by regulation 4 of the Climate Change (Eligible Industrial Activities) Amendment Regulations 2010 (SR 2010/237).

21 Production of clay bricks and field tiles

  • (1) The production of clay bricks and field tiles is an eligible industrial activity.

    (2) The products produced by the production of clay bricks and field tiles that must be used as the basis of allocation are—

    • (a) Product A, which consists of the total tonnes of facing bricks and pavers primarily used for facade and landscaping that is—

      • (i) produced by carrying out the eligible industrial activity; and

      • (ii) of saleable quality:

    • (b) Product B, which consists of the total tonnes of field tiles and other clay-based products related to the fitting and joining of field tiles and drainage that is—

      • (i) produced by carrying out the eligible industrial activity; and

      • (ii) of saleable quality:

    • (c) Product C, which consists of the total tonnes of fire bricks that is—

      • (i) produced by carrying out the eligible industrial activity; and

      • (ii) of saleable quality.

    (3) For the purposes of this regulation and the Schedule, production of clay bricks and field tiles means the physical and chemical transformation of clays (including kaolinite and other clay minerals) by controlled mixing, forming, drying, and firing of the raw materials at a single location, where clay makes up at least 90% by weight of the raw materials (and additives to the clay do not exceed 10% by weight of the raw materials) and the clay composition includes alumina, silica, and varying degrees of metal oxides, where the outputs include—

    • (a) facing bricks and pavers primarily used for facade and landscaping:

    • (b) field tiles and other clay-based products related to the fitting and joining of field tiles and drainage:

    • (c) fire bricks, where these are produced from clays as the raw material and additives to the clays (including feldspar, silica, and other metal oxides).

    Regulation 21: added, on 12 August 2010, by regulation 4 of the Climate Change (Eligible Industrial Activities) Amendment Regulations 2010 (SR 2010/237).

22 Production of glass containers

  • (1) The production of glass containers is an eligible industrial activity.

    (2) The product produced by the production of glass containers that must be used as the basis of allocation is the total tonnes of blown and pressed glass containers that is—

    • (a) produced by carrying out the eligible industrial activity; and

    • (b) of saleable quality.

    (3) For the purposes of this regulation and the Schedule, production of glass containers means the physical and chemical transformation of silica (silicon dioxide (SiO2)) and other raw and recycled materials (for example, cullet) to produce blown or pressed glass containers by controlled melting and forming in a contiguous process, where the outputs include blown and pressed glass containers.

    Regulation 22: added, on 12 August 2010, by regulation 4 of the Climate Change (Eligible Industrial Activities) Amendment Regulations 2010 (SR 2010/237).

23 Manufacture of iron and steel from iron sand

  • (1) The manufacture of iron and steel from iron sand is an eligible industrial activity.

    (2) The products produced by the manufacture of iron and steel from iron sand that must be used as the basis of allocation are—

    • (a) Product A, which consists of the total tonnes of molten iron, as measured before the addition of any cold ferrous feed (for example, scrap steel or solid pig iron), that is produced by carrying out the eligible industrial activity:

    • (b) Product B, which consists of the total tonnes of cast carbon steel products that are—

      • (i) produced by carrying out the eligible industrial activity; and

      • (ii) of saleable quality:

    • (c) Product C, which consists of the total tonnes of vanadium-bearing materials that are—

      • (i) produced by carrying out the eligible industrial activity; and

      • (ii) of saleable quality:

    • (d) Product D, which consists of the total tonnes of flat products of hot-rolled carbon steel that are—

      • (i) produced by carrying out the eligible industrial activity; and

      • (ii) of saleable quality.

    (3) For the purposes of this regulation and the Schedule,—

    carbon steel means a material that contains by mass more iron (Fe) than any other single element and has a carbon (C) content that does not exceed 2%

    flat products of hot-rolled carbon steel means hot-rolled steel products produced in hot strip or plate mills that are flat in profile (for example, plate and hot-rolled coil), and typically are greater than 600 mm in width and less than 150 mm in thickness

    manufacture of iron and steel from iron sand means the chemical and physical transformation of iron sand into pig iron products, cast carbon steel products, and hot-rolled carbon steel products, where iron sand is the predominant feed material,—

    • (a) involving the conduct of the following processes:

      • (i) the—

        • (A) chemical and physical transformation of iron sand into iron, which proceeds via the reduction of oxides of iron using carbon as the predominant reducing agent; and

        • (B) conditioning or pre-treatment of molten iron to remove impurities, upstream of the steel-making process; and

      • (ii) the—

        • (A) subsequent solidification of molten iron into pig iron; or

        • (B) chemical and physical transformation of molten iron and cold ferrous feed (for example, solid pig iron and ferrous scrap) into saleable cast carbon steel products or saleable hot-rolled carbon steel products (where the hot-rolling of the hot-rolled carbon steel products commences at over 800°C); and

    • (b) where the outputs are—

      • (i) saleable pig iron products that are not subsequently used in the steel-making process:

      • (ii) saleable cast carbon steel products that are not subsequently hot-rolled:

      • (iii) saleable vanadium-bearing materials with a minimum vanadium concentration (expressed as V2O5) of 8%:

      • (iv) saleable hot-rolled carbon steel products

    molten iron means molten iron that has a maximum carbon (C) mass content of 6% and a minimum total iron (Fe) content of 94%.

    Regulation 23: added, on 23 September 2010, by regulation 5 of the Climate Change (Eligible Industrial Activities) Amendment Regulations (No 2) 2010 (SR 2010/327).

24 Production of gelatine

  • (1) The production of gelatine is an eligible industrial activity.

    (2) The product produced by the production of gelatine that must be used as the basis of allocation is the total tonnes, on a dry-weight basis, of gelatine that is—

    • (a) produced by carrying out the eligible industrial activity; and

    • (b) of saleable quality.

    (3) For the purposes of this regulation and the Schedule, production of gelatine means the physical and chemical transformation of collagen contained in animal material, including skins, bones, and connective tissues, where the output of the activity is gelatine with at least 97% protein content on a dry-weight basis.

    Regulation 24: added, on 23 September 2010, by regulation 5 of the Climate Change (Eligible Industrial Activities) Amendment Regulations (No 2) 2010 (SR 2010/327).

25 Production of protein meal

  • (1) The production of protein meal is an eligible industrial activity.

    (2) The product produced by the production of protein meal that must be used as the basis of allocation is the total tonnes of protein meal that is—

    • (a) produced by carrying out the eligible industrial activity; and

    • (b) of saleable quality.

    (3) For the purposes of this regulation and the Schedule, production of protein meal means the physical and chemical transformation of raw livestock-derived animal material to produce protein meal (for example, meat and bone meal, dried blood, and feather meal), where the output of the activity is protein meal that has a moisture content that does not exceed 10%.

    Regulation 25: added, on 2 December 2010, by regulation 5(1) of the Climate Change (Eligible Industrial Activities) Amendment Regulations (No 3) 2010 (SR 2010/448).

26 Production of fresh capsicums

  • (1) The production of fresh capsicums is an eligible industrial activity.

    (2) The product produced by the production of fresh capsicums that must be used as the basis of allocation is the total tonnes of fresh capsicums that are—

    • (a) produced by carrying out the eligible industrial activity; and

    • (b) of saleable quality.

    (3) For the purposes of this regulation and the Schedule, production of fresh capsicums means the biological transformation of capsicum seedlings in their final growing position to produce capsicums, where the output of the activity is fresh capsicums.

    Regulation 26: added, on 1 January 2011, by regulation 5(2) of the Climate Change (Eligible Industrial Activities) Amendment Regulations (No 3) 2010 (SR 2010/448).

27 Production of fresh cucumbers

  • (1) The production of fresh cucumbers is an eligible industrial activity.

    (2) The product produced by the production of fresh cucumbers that must be used as the basis of allocation is the total tonnes of fresh cucumbers that are—

    • (a) produced by carrying out the eligible industrial activity; and

    • (b) of saleable quality.

    (3) For the purposes of this regulation and the Schedule, production of fresh cucumbers means the biological transformation of cucumber seedlings in their final growing position to produce cucumbers, where the output of the activity is fresh cucumbers.

    Regulation 27: added, on 1 January 2011, by regulation 5(2) of the Climate Change (Eligible Industrial Activities) Amendment Regulations (No 3) 2010 (SR 2010/448).

28 Production of cut roses

  • (1) The production of cut roses is an eligible industrial activity.

    (2) The product produced by the production of cut roses that must be used as the basis of allocation is the number of cut flowering rose stems that are—

    • (a) produced by carrying out the eligible industrial activity; and

    • (b) of saleable quality.

    (3) For the purposes of this regulation and the Schedule, production of cut roses means the biological transformation of rose plants in their final growing position to produce flowering rose stems grown for commercial purposes, where the output of the activity is cut flowering rose stems.

    Regulation 28: added, on 1 January 2011, by regulation 5(2) of the Climate Change (Eligible Industrial Activities) Amendment Regulations (No 3) 2010 (SR 2010/448).

29 Production of fresh tomatoes

  • (1) The production of fresh tomatoes is an eligible industrial activity.

    (2) The product produced by the production of fresh tomatoes that must be used as the basis of allocation is the total tonnes of fresh tomatoes that are—

    • (a) produced by carrying out the eligible industrial activity; and

    • (b) of saleable quality.

    (3) For the purposes of this regulation and the Schedule, production of fresh tomatoes means the biological transformation of tomato seedlings in their final growing position to produce tomatoes, where the output of the activity is fresh tomatoes.

    Regulation 29: added, on 1 January 2011, by regulation 5(2) of the Climate Change (Eligible Industrial Activities) Amendment Regulations (No 3) 2010 (SR 2010/448).

30 Production of reconstituted wood panels

  • (1) The production of reconstituted wood panels is an eligible industrial activity.

    (2) The product produced by the production of reconstituted wood panels that must be used as the basis of allocation is the total tonnes of reconstituted wood panels that are—

    • (a) produced by carrying out the eligible industrial activity; and

    • (b) of saleable quality.

    (3) For the purposes of this regulation and the Schedule, production of reconstituted wood panels means the physical and chemical transformation of wood particles (for example, wood flakes, chips, shavings, sawdust, and strands) and adhesives (for example, resins), where—

    • (a) the output of the activity is reconstituted wood panels (for example, particleboard, fibreboard, strandboard, and triboard) with a density that exceeds 400 kg/m3; and

    • (b) the individual wood particles have no dimension that exceeds 100 mm.

    Regulation 30: added, on 24 March 2011, by regulation 4 of the Climate Change (Eligible Industrial Activities) Amendment Regulations (No 2) 2011 (SR 2011/55).

31 Production of lactose

  • (1) The production of lactose is an eligible industrial activity.

    (2) The product produced by the production of lactose that must be used as the basis of allocation is the total tonnes of dry-weight lactose that is—

    • (a) produced by carrying out the eligible industrial activity; and

    • (b) of saleable quality.

    (3) For the purposes of this regulation and the Schedule, production of lactose means the separation and drying of lactose from permeate, where—

    • (a) permeate consists of milk solids in a dilute aqueous solution separated from milk or whey by permeation through ultrafiltration membranes and has a water content that does not exceed 96.5% weight by weight and a milk-derived protein content that does not exceed 0.5% weight by weight; and

    • (b) the output is lactose that meets the compositional standards of the lactose component of Codex Standard 212-1999 for sugars.

    Regulation 31: added, on 30 June 2011, by regulation 5 of the Climate Change (Eligible Industrial Activities) Amendment Regulations (No 3) 2011 (SR 2011/228).

32 Production of whey powder

  • (1) The production of whey powder is an eligible industrial activity.

    (2) The product produced by the production of whey powder that must be used as the basis of allocation is the total tonnes of dry-weight whey powder that is—

    • (a) produced by carrying out the eligible industrial activity; and

    • (b) of saleable quality.

    (3) For the purposes of this regulation and the Schedule, production of whey powder means the physical and chemical transformation of whey, which consists of residual water and milk solids following the separation of curd from a milk-based coagulation process (for example, cheese or casein curd manufacture), into whey powder, where the output is whey powder that meets the compositional standards in the Codex Standard 289-1995 for whey powders and has a milk-derived protein content that does not exceed 33% weight by weight on an as-is basis.

    Regulation 32: added, on 30 June 2011, by regulation 5 of the Climate Change (Eligible Industrial Activities) Amendment Regulations (No 3) 2011 (SR 2011/228).

Schedule
Prescribed emissions intensity and allocative baselines

r 4

Eligible industrial activity Column A Column B
 Emissions intensity Allocative baseline
Aluminium smelting High 9.687
Manufacture of carbon steel from cold ferrous feed Moderate Product A:
0.3896
Product B:
0.1438
Manufacture of iron and steel from iron sand High
 Product A:
3.0705
Product B:
0.11701
Product C:
0.2712
Product D:
0.1608
Production of burnt lime High 1.428
Production of carbamide (urea) High 1.621
Production of cartonboard High Product A:
1.117
Product B:
0.4633
Product C:
0.3183
Production of caustic soda High 1.606
Production of cementitious products High Product A:
0.9392
Product B:
0.02266
Production of clay bricks and field tiles Moderate Product A:
0.2249
Product B:
0.8784
Product C:
0.2209
Production of cut roses High 0.000935
Production of ethanol Moderate 1.465
Production of fresh capsicums Moderate 3.5240
Production of fresh cucumbers Moderate 3.2880
Production of fresh tomatoes Moderate 2.4260
Production of gelatine Moderate 6.413
Production of glass containers Moderate 0.5884
Production of hydrogen peroxide High 1.381
Production of lactose Moderate 1.4210
Production of market pulp High Product A:
0.5853
Product B:
1.338
Product C:
1.014
Production of methanol High 0.7847
Production of newsprint High Product A:
0.4911
Product B:
1.323
Production of packaging and industrial paper  High Product A:
0.4558
Product B:
0.5100
Product C:
0.09337
Production of protein meal Moderate 0.9183
Production of reconstituted wood panels Moderate 0.2066
Production of tissue paper Moderate Product A:
1.197
Product B:
0.7646
Production of whey powder Moderate 0.8427

  • Schedule: amended, on 30 June 2011, by regulation 6 of the Climate Change (Eligible Industrial Activities) Amendment Regulations (No 3) 2011 (SR 2011/228).

  • Schedule: amended, on 24 March 2011, by regulation 5 of the Climate Change (Eligible Industrial Activities) Amendment Regulations (No 2) 2011 (SR 2011/55).

  • Schedule: amended, on 1 January 2011, by regulation 6(2) of the Climate Change (Eligible Industrial Activities) Amendment Regulations (No 3) 2010 (SR 2010/448).

  • Schedule: amended, on 2 December 2010, by regulation 6(1) of the Climate Change (Eligible Industrial Activities) Amendment Regulations (No 3) 2010 (SR 2010/448).

  • Schedule: amended, on 23 September 2010, by regulation 6 of the Climate Change (Eligible Industrial Activities) Amendment Regulations (No 2) 2010 (SR 2010/327).

  • Schedule: amended, on 12 August 2010, by regulation 5 of the Climate Change (Eligible Industrial Activities) Amendment Regulations 2010 (SR 2010/237).

Rebecca Kitteridge,
Clerk of the Executive Council.

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

Date of notification in Gazette: 8 July 2010.

Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)

Notes
1 General

  • This is a reprint of the Climate Change (Eligible Industrial Activities) Regulations 2010. The reprint incorporates all the amendments to the regulations as at 30 March 2012, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints

  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • •omission of unnecessary referential words (such as “of this section” and “of this Act”)

    • •typeface and type size (Times Roman, generally in 11.5 point)

    • •layout of provisions, including:

      • •indentation

      • •position of section headings (eg, the number and heading now appear above the section)

    • •format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • •format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)

    • •position of the date of assent (it now appears on the front page of each Act)

    • •punctuation (eg, colons are not used after definitions)

    • •Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • •case and appearance of letters and words, including:

      • •format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • •small capital letters in section and subsection references are now capital letters

    • •schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • •running heads (the information that appears at the top of each page)

    • •format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)