Climate Change (Unit Register) Amendment Regulations 2012

2012/414

Coat of Arms of New Zealand

Climate Change (Unit Register) Amendment Regulations 2012

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 13th day of December 2012

Present:
Hon Gerry Brownlee presiding in Council

Pursuant to sections 30G and 30H(4) of the Climate Change Response Act 2002, His Excellency the Governor-General makes the following regulations, acting—

  • (a) on the advice and with the consent of the Executive Council; and

  • (b) on the recommendation of the Minister for Climate Change Issues made in accordance with the requirements of section 30H of that Act.

Regulations

1 Title
  • These regulations are the Climate Change (Unit Register) Amendment Regulations 2012.

2 Commencement
  • These regulations come into force on 18 December 2012.

3 Principal regulations
4 New regulation 8B inserted (Certain industrial gas ERUs and large-scale hydropower ERUs and CERs not to be transferred to surrender account)
  • After regulation 8A, insert:

    8B Certain industrial gas ERUs and large-scale hydropower ERUs and CERs not to be transferred to surrender account
    • (1) In this regulation,—

      industrial gas ERU means an emission reduction unit generated from—

      • (a) the destruction of hydrofluorocarbon-23 (HFC-23); or

      • (b) the destruction of nitrous oxide (N2O) resulting from the production of adipic acid

      large-scale hydropower ERU or CER means an emission reduction unit or a certified emission reduction unit generated from a hydropower project that—

      • (a) has a generation capacity of more than 20 megawatts; and

      • (b) is not listed in the Schedule

      specified ERU or CER means—

      • (a) an industrial gas ERU:

      • (b) a large-scale hydropower ERU or CER.

      (2) An account holder may not, on or after 18 December 2012, transfer a specified ERU or CER to a surrender account.

      (3) The prohibition in subclause (2) does not apply to the following:

      • (a) a specified ERU or CER held in an account in the Registry immediately before 18 December 2012:

      • (b) a specified ERU or CER purchased by an account holder under a forward contract if—

        • (i) the forward contract was entered into before 17 December 2012; and

        • (ii) the account holder has complied with subclause (4); and

        • (iii) the specified ERU or CER purchased under the forward contract is transferred to a surrender account by the account holder on or before 1 June 2014.

      (4) An account holder complies with this subclause if the account holder provides to the Registrar by 11 February 2013—

      • (a) a copy of the forward contract; and

      • (b) a statutory declaration by the account holder that the forward contract was entered into before 17 December 2012.

      (5) If at any time the Registrar discovers that a specified ERU or CER appears to have been transferred to a surrender account in contravention of subclause (2), the Registrar must notify the account holder and the Environmental Protection Authority accordingly and set out in the notification the terms or effect of subclauses (6), (7), and (8).

      (6) If, within 20 working days after the notification under subclause (5), the account holder does not satisfy the Registrar that the transfer of the specified ERU or CER to a surrender account was permitted under subclause (3)(a) or (b), the Registrar must reverse the transfer of the unit.

      (7) If a transfer of a unit is reversed under subclause (6), the transfer is to be treated as if it had never taken place for the purpose of assessing whether the account holder has surrendered the required number of units by the due date as required under the relevant section of the Act.

      (8) If, within 20 working days after the notification under subclause (5), the account holder transfers a unit (a replacement unit) to a surrender account for the purpose of replacing the unit to which the notification relates (the original unit), the replacement unit is to be treated as if it had been transferred to the surrender account on the date on which the original unit was transferred to the surrender account.

5 New Schedule inserted

Schedule
New Schedule inserted

r 5

Schedule
Large-scale hydropower projects generating units approved for surrender

r 8B

Project IDProject name Host country
519Passo do Meio, Salto Natal, Pedrinho I, Granada, Ponte, and Salto Corgão Small Hydroelectric Power Plants—Brascan Energética S.A. Project Activity Brazil
520Cachoeira Encoberta and Triunfo Small Hydroelectric Power Plants—Brascan Energética Minas Gerais S.A. (BEMG) Project Activity Brazil
530ARAPUtanga Centrais ELétricas S.A.—ARAPUCEL—Small Hydroelectric Power Plants Project Brazil
541La Joya Hydroelectric Project (Costa Rica) Costa Rica
693Votorantim’s Hydropower Plant with existing reservoir Pedra do Cavalo CDM Project Brazil
773Ceran's Monte Claro Run of River Hydropower Plant CDM Project Activity Brazil
809Garganta da Jararaca Small Hydroelectric Power Plant (SHP) Brazil
891Atiaia—Buriti Small Hydropower Plant Brazil
1232UHE Mascarenhas power upgrading project Brazil
1328Brasil Central Energia S.A.—Sacre II Small Hydro Power Plant Project Brazil
1342São João hydro power plant Brazil
2852Yunnan Saizhu Hydropower Project China
3872Ngoi Phat Hydropower Project  Vietnam
4496Gansu Taolai River 52.8MW Dongshuixia Hydropower Project China
4537DakRTih Hydropower Project, Vietnam Vietnam
4658Hongkou 200MW Hydropower Project in Fujian Province China
4921Bac Ha Hydropower Project, Vietnam Vietnam
4937Anhanguera Hydro Power Project Brazil
4970Dak Mi 4 Hydropower Project, Vietnam Vietnam
4996Pampeana and Terra Santa Small Hydropower Plants Project Activity Brazil
5115Srepok 4 Hydropower Project Vietnam
5577Devoll Hydropower (DHP), Albania Albania
5583Xekaman 3 Hydropower Project, Lao PDR Laos

Michael Webster,
for Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations amend the Climate Change (Unit Register) Regulations 2008. These regulations come into force on 18 December 2012.

The amendments insert new regulation 8B, which applies to—

  • industrial gas emission reduction units generated from—

    • the destruction of hydrofluorocarbon-23 (HFC-23); or

    • the destruction of nitrous oxide (N2O) resulting from the production of adipic acid:

  • large-scale hydropower emission reduction units and certified emission reduction units generated from a hydropower project that—

    • has a generation capacity of more than 20 megawatts; and

    • is not listed in the new Schedule inserted by these regulations.

New regulation 8B provides that an account holder must not, on or after 18 December 2012, transfer any of these units to a surrender account (subject to certain exceptions). If a unit appears to have been transferred to a surrender account in contravention of this prohibition, the Registrar must notify the account holder concerned and the Environmental Protection Authority. If, within 20 working days after the notification, the account holder does not satisfy the Registrar that the surrender was permitted under an exception, the Registrar must reverse the transfer of the unit. The transfer of a unit that is reversed is to be treated as if it had never taken place for the purpose of assessing whether the account holder has surrendered the required number of units by the due date.

If, within 20 working days after the notification, the account holder transfers a unit to a surrender account to replace the unit to which the notification relates, the replacement unit is to be treated as having been transferred on the date of the transfer of the unit it is replacing.


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

Date of notification in Gazette: 17 December 2012.

These regulations are administered by the Ministry for the Environment.