Climate Change (General Exemptions) Amendment Order 2013

2013/198

Coat of Arms of New Zealand

Climate Change (General Exemptions) Amendment Order 2013

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 20th day of May 2013

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 (General Exemptions) Amendment Order 2013.

2 Commencement
  • This order comes into force on 24 May 2013.

3 Principal order
4 Clause 3 amended (Interpretation)
  • In clause 3, insert in its appropriate alphabetical order:

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

5 Clause 16 replaced (Exemption for activity of mining natural gas, other than for export)
  • Replace clause 16 with:

    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.

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 24 May 2013, is made under the Climate Change Response Act 2002. The order adds a new exemption to the Climate Change (General Exemptions) Order 2009 for the injection of natural gas into, or the extraction of natural gas from, an underground gas storage facility by a person who carries out the activity of mining natural gas, other than for export. The exemption applies if another person is, or has been, liable as a participant for emissions from the natural gas prior to its injection or extraction (as applicable).


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

Date of notification in Gazette: 23 May 2013.

This order is administered by the Ministry for the Environment.