Climate Change (Emissions Rulings: Fees and Charges) Regulations 2010

Reprint
as at 5 December 2011

Coat of Arms of New Zealand

Climate Change (Emissions Rulings: Fees and Charges) Regulations 2010

(SR 2010/213)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 26th day of July 2010

Present:
His Excellency the Governor-General 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 of Economic Development.


Pursuant to section 167 of the Climate Change Response Act 2002, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title
  • These regulations are the Climate Change (Emissions Rulings: Fees and Charges) Regulations 2010.

2 Commencement
  • These regulations come into force on the 28th day after the date of their notification in the Gazette.

3 Interpretation
  • In these regulations,—

    application means an application for an emissions ruling under section 107 of the Climate Change Response Act 2002

    charge means a charge prescribed by these regulations

    fee means a fee prescribed by these regulations.

4 Fee and charge on and after 1 October 2010
  • (1) This regulation applies to an application received on or after 1 October 2010.

    (2) The fee payable for the application is $470.00.

    (3) The charge payable for the application is $117.50 for each hour or part of an hour spent in processing the application after the first 4 hours.

5 Goods and services tax
6 Estimates
  • (1) When an applicant has made an application,—

    • (a) the applicant may request the EPA to provide an estimate of the total charge payable for the application; and

    • (b) the EPA must provide the estimate.

    (2) When an applicant makes an application that the EPA considers will take longer than 4 weeks to process, the EPA must provide the applicant with an estimate of the time likely to be taken to process the application.

    (3) If the EPA provides an estimate under this regulation that the EPA later considers incorrect, the EPA must provide the applicant with a corrected estimate.

    (4) If the EPA has provided an estimate under this regulation,—

    • (a) the applicant may request the EPA from time to time to update the estimate; and

    • (b) the EPA must provide an update each time the applicant requests one.

    Regulation 6(1)(a): amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14).

    Regulation 6(1)(b): amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14).

    Regulation 6(2): amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14).

    Regulation 6(3): amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14).

    Regulation 6(4): amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14).

    Regulation 6(4)(a): amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14).

    Regulation 6(4)(b): amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14).

7 Minimisation of charges
  • The EPA must take all practicable steps to minimise the amount of charges.

    Regulation 7: amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14).

8 Time of payment of fee and charge
  • (1) A fee must be paid at the time at which the application is made.

    (2) The EPA may invoice payment of a charge periodically or as a lump sum.

    (3) A charge must be paid on receipt of an invoice from the EPA.

    Regulation 8(2): amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14).

    Regulation 8(3): amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14).

9 Exemptions, waivers, and refunds
  • In exceptional circumstances, the EPA may—

    • (a) exempt an applicant from paying all or part of a fee or charge:

    • (b) waive the payment of all or part of a fee or charge:

    • (c) refund all or part of a fee or charge paid.

    Regulation 9: amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14).

10 Reimbursement of costs of services
  • (1) This regulation applies if the EPA obtains advice from a third party on an application.

    (2) The applicant must reimburse the full costs to the EPA of obtaining the advice.

    Regulation 10(1): amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14).

    Regulation 10(2): amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14).

11 Fee and charge before 1 October 2010
  • (1) This regulation applies to an application received before 1 October 2010.

    (2) The fee payable for the application is $460.00.

    (3) The charge payable for the application is $115.00 for each hour or part of an hour spent in processing the application after the first 4 hours.

Rebecca Kitteridge,
Clerk of the Executive Council.


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

Date of notification in Gazette: 29 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 (Emissions Rulings: Fees and Charges) Regulations 2010. The reprint incorporates all the amendments to the regulations as at 5 December 2011, 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)
  • Environmental Protection Authority Act 2011 (2011 No 14): section 53(2)