Supplementary Order Paper No 232

No 232

House of Representatives

Supplementary Order Paper

Tuesday, 2 September 2008

Climate Change (Emissions Trading and Renewable Preference) Bill


Proposed amendments

Hon David Parker, in Committee, to move the following amendments:

Clause 2

Subclause (2): to omit this subclause (lines 3 and 4 on page 13).

Subclause (3): to omit 1 September 2008 (line 5 on page 13) and substitute the day after the date on which it receives the Royal assent.

Clause 4: new section 2A

Subsection (4): to omit Parts (line 30 on page 13) and substitute Part.

Subsection (5): to add (line 35 on page 13) before that date.

Subsection (6): to add (line 3 on page 14) before that date.

Subsection (7): to omit or (line 5 on page 14) and substitute and.

Subsection (10): to insert after then (line 16 on page 14) subsection (5) and.

Subsection (10): to omit is (line 17 on page 14) and substitute expire and are.

Subsection (11): to insert after then (line 19 on page 14) subsection (6) and.

Subsection (11): to omit is (line 20 on page 14) and substitute expire and are.

Subsection (12): to insert after expire (line 24 on page 14) and are repealed.

Subsection (13): to insert after expire (line 29 on page 14) and are repealed.

Subsection (17): to omit expires (line 4 on page 15) and substitute expire and are repealed.

Subsection (18): to omit expires (line 8 on page 15) and substitute expire and are repealed.

To add after subsection (18) (after line 8 on page 15) the following subsection:

  • (19) If, by 31 December 2012, the Governor-General does not make an Order in Council under subsection (15) or (16) that applies subpart 1 or 2 of Part 5 of Schedule 4, as the case may be, then subpart 4 of Part 5 (consisting of sections 177A to 177D) expires and is repealed on 31 December 2012.

Clause 5

To omit subsection (line 11 on page 15) and substitute subsections.

New section 3(1)(b): to omit operation (line 25 on page 15) and substitute operation,.

Clause 6(2)

New definition of Crown conservation contract: to omit the First Schedule to (line 21 on page 17) and substitute Schedule 1 of.

New definition of disposal facility: to add ; but (line 7 on page 18) and the following paragraph (after line 7 on page 18):

  • (d) does not include a facility, or any part of a facility, at which waste is combusted for the purpose of generating electricity or industrial heat

New definition of dispose: to omit this definition (lines 8 to 14 on page 18) and substitute the following definition:

dispose, in relation to waste,—

  • (a) means—

    • (i) the final or more than short-term deposit of waste into or onto land set apart for that purpose; or

    • (ii) the incineration of waste by deliberately burning the waste to destroy it; but

  • (b) does not include any deposit of biosolids for rehabilitation or other beneficial purposes

New definition of draft allocation plan: to omit draft plan (line 31 on page 18) and substitute draft allocation plan.

Paragraph (c) of the new definition of emissions return: to omit or 168 (line 4 on page 19) and substitute 168A, or 169.

Paragraph (b) of the new definition of exempt land: to omit 165(3) (line 26 on page 19) and substitute 165(2).

New definition of exotic forest species: to omit forest species that are not (line 27 on page 19) and substitute a forest species that is not an.

New definition of group: to omit means a group as defined (line 4 on page 21) and substitute has the same meaning as.

Paragraph (b)(ii) of the new definition of landowner: to omit 1993 in the second place where it appears (line 33 on page 21) and substitute 1993; or.

Paragraph (c) of the new definition of merchantable timber: to omit diameter (line 5 on page 22) and substitute diameter,.

New definition of operating: to omit to (line 31 on page 22) and substitute to a.

Paragraph (a)(ii) of the new definition of pre-1990 forest land: to omit (4) (line 31 on page 23) and substitute (4)).

Paragraph (b) of the new definition of pre-1990 forest land: to omit this paragraph (lines 35 to 39 on page 23) and substitute the following paragraph:

  • (b) does not include any forest land that met the definition in paragraph (a), but—

    • (i) has been deforested and in respect of which any liability to surrender units arising in respect of an activity listed in Part 1 of Schedule 3 has been satisfied; or

    • (ii) was declared to be exempt land, has been deforested, and the number of units that would have been required to be surrendered in respect of an activity listed in Part 1 of Schedule 3 had the land not been exempt land have been surrendered under section 165(2)(b)

New definition of public notice: to omit site of the entity giving the notice (lines 6 and 7 on page 24).

To insert after the definition of public notice (after line 7 on page 24) the following definitions:

recover, in relation to dispose,—

  • (a) means the extraction of materials or energy from waste for further use or processing; and

  • (b) includes making waste into compost

recycle, in relation to dispose, means the reprocessing of waste to produce new materials

To insert after the definition of removals (after line 32 on page 24) the following definition:

reuse, in relation to dispose, means the further use of waste in its existing form for the original purpose of the materials or products that constitute the waste or for a similar purpose

Clause 6

To insert the following subclause after subclause (5) (after line 15 on page 25):

  • (5A) The definition of carry over in section 4(1) is amended by—

    • (a) omitting carry over and substituting carry-over; and

    • (b) omitting carried over and substituting carried-over.

Clause 6(19)

New section 4(3A): to insert the following subsection after subsection (3) (after line 8 on page 27):

  • (3A) For the purposes of the definition of dispose, a deposit of waste is short-term if, not later than 6 months after the deposit (or any later time that the chief executive has agreed to in writing), the waste is—

    • (a) reused or recycled; or

    • (b) recovered; or

    • (c) removed from the land for any other reason.

New section 4(4): to omit this subsection (lines 9 to 20 on page 27) and substitute the following subsection:

  • (4) Pre-1990 forest land, in respect of which conversion to land that is not forest land had commenced prior to 31 December 2007, is to be treated as deforested on 31 December 2007 if, on that date, the land had—

    • (a) no standing exotic forest species (dead or alive), other than a strip of standing exotic forest species that had, or was likely at maturity to have, tree crown cover of an average width of less than 30 metres; and

    • (b) no other merchantable timber from exotic forest species.

Clause 7

To insert the following subclause after subclause (3) (after line 30 on page 27):

  • (3A) Section 7(1)(e) is amended by omitting carry over and substituting carry-over.

Subclause (4): to insert after paragraphs (line 32 on page 27) are.

New clause 7B

To insert the following clause after clause 7A (after line 7 on page 28):

7B Minister of Finance may obtain information from inventory agency and Registrar
  • Section 9(b)(ii) is amended by omitting carried over and substituting carried-over.

Clause 8(7): new section 10(3)

To omit carry out (line 4 on page 29) and substitute perform.

Clause 12

To add the following subclauses as subclauses (2) and (3) (after line 16 on page 30):

  • (2) Section 16(1) is amended by omitting carry over and substituting carry-over.

  • (3) Section 16(2) is amended by omitting carried over and substituting carried-over.

Clause 14(2): new section 18(3)(a)

To omit carry over (line 7 on page 31) and substitute carry-over.

Clause 16

Subclauses (2), (3), and (4): to omit these subclauses (lines 4 to 9 on page 32) and substitute the following subclauses:

  • (2) Section 18C(3) is amended by omitting the general cancellation and substituting a retirement.

  • (3) Section 18C(3)(a) is amended by omitting the general cancellation and substituting a retirement.

  • (4) Section 18C(3)(b) is amended by omitting the general cancellation and substituting a retirement.

Clause 17: new section 18CA

Subsection (1): to omit carried over (line 15 on page 32) and substitute carried-over.

Subsection (2): to omit carried over (line 23 on page 32) and substitute carried-over.

Clause 18: new section 19(1A)

To omit from sources listed in Annex A of the Protocol after 31 December 2012 (lines 23 and 24 on page 34) and substitute after 31 December 2012 from sources listed in Annex A of the Protocol.

Clause 20(5): new section 21(2)(c)

To omit this paragraph (lines 6 to 10 on page 36) and substitute the following paragraph:

  • (c) send electronic notification that the transaction has been recorded in the unit register to,—

    • (i) in the case of a direction, the Minister of Finance; or

    • (ii) in the case of an application, the account holder.

Clause 20(8): new section 21(3)(d)

To omit this paragraph (lines 20 to 24 on page 36) and substitute the following paragraph:

  • (d) send electronic notification that the transaction has been terminated to,—

    • (i) in the case of a direction, the Minister of Finance; or

    • (ii) in the case of an application, the account holder.

Clause 21: new section 21AA(1)(b)

To insert after record of the (line 5 on page 37) proposed.

Clause 21: new section 21AA(2)(c)

To omit this paragraph (lines 1 to 5 on page 38) and substitute the following paragraph:

  • (c) send electronic notification that the transaction has been recorded in the unit register to,—

    • (i) in the case of a direction, the Minister of Finance; or

    • (ii) in the case of an application, the account holder.

Clause 21: new section 21AA(3)(d)

To omit this paragraph (lines 13 to 17 on page 38) and substitute the following paragraph:

  • (d) send electronic notification that the transaction has been terminated to,—

    • (i) in the case of a direction, the Minister of Finance; or

    • (ii) in the case of an application, the account holder.

Clause 25: new section 27

Subsection (1)(d): to omit Act (line 21 on page 41) and substitute Part.

Subsection (2): to insert after by (line 22 on page 41) a.

Subsection (2)(f): to omit holding (line 38 on page 41) and substitute holdings.

Subsection (2)(q): to omit Kyoto (line 3 on page 43).

Subsection (2)(u): to omit this paragraph (lines 11 and 12 on page 43) and substitute the following paragraph:

  • (u) the following information in relation to New Zealand units transferred to the conversion account during that year:

    • (i) the total quantity of New Zealand units converted; and

    • (ii) the total quantity of New Zealand units converted for the purpose of transferring designated assigned amount units to—

      • (A) an account in an overseas registry; or

      • (B) the general cancellation account; and

Subsection (2)(v): to omit carried over (line 15 on page 43) and substitute carried-over.

Subsection (3): to insert after by (line 20 on page 43) a.

Subsection (3)(b): to insert after assigned amount units, (line 26 on page 43) emission reduction units,.

Clause 28: new section 30E

Heading to new section 30E: to insert after overseas (line 16 on page 44) or cancellation.

Subsection (1): to omit this subsection (lines 17 to 20 on page 44) and substitute the following subsection:

  • (1) An account holder may apply to the Registrar to convert a New Zealand unit by that person into a designated assigned amount unit held for the purposes of transferring that assigned amount unit to—

    • (a) an account in an overseas registry; or

    • (b) the general cancellation account.

Subsection (2): to omit the purpose (line 22 on page 44) and substitute either purpose.

Subsection (2)(b): to omit this paragraph (lines 27 to 31 on page 44) and substitute the following paragraph:

  • (b) submit an application under section 18C for the transfer of an equivalent number of designated assigned amount units (into which the account holder is converting the New Zealand units) to—

    • (i) an account in an overseas registry; or

    • (ii) the general cancellation account; and

Subsection (3)(c): to omit this paragraph (lines 4 and 5 on page 45) and substitute the following paragraph:

  • (c) subject to section 21(3), register the transaction applied for under subsection (2)(b).

Subsection (4): to omit To avoid doubt, if (line 6 on page 45) and substitute If.

Subsection (5)(b): to omit holding account other than a cancellation, retirement, or surrender account (lines 19 and 20 on page 41) and substitute Crown holding account.

Clause 28: new section 30F

Subsection (2)(b): to omit this paragraph (lines 32 and 33 on page 45) and substitute the following paragraph:

  • (b) any later date specified in the allocation plan.

Subsection (3): to omit any New Zealand units to which this section applies to a cancellation account (lines 36 and 37 on page 45) and substitute from any holding account to a cancellation account any New Zealand units to which this section applies.

Clause 28: new section 30G

Subsection (1)(b)(i)(A): to omit another (line 14 on page 46) and substitute an.

Subsection (1)(e)(vi)(B): to omit transactions (lines 7 and 8 on page 47) and substitute transaction.

Subsection (1)(la): to omit providing for (line 36 on page 47) and substitute prescribing matters in respect of.

Clause 28: new section 30GA(1)

To omit section (line 22 on page 48) and substitute section.

To omit and (k) (line 23 on page 48) and substitute or (k).

Clause 28: new section 30H(4)

To omit section 148 (line 36 on page 49) and substitute sections 148 to 148B, 148D, and 148E.

Clause 28: new section 30J(1)

To omit offence, (line 12 on page 50) and substitute offence.

Clause 32(3)

To omit Subsection (line 13 on page 51) and substitute Section.

Clause 35: new section 45A

To omit duty (line 27 on page 51) and substitute duty, performing a function,.

Clause 36(2)

To omit occurs (line 6 on page 52) and substitute appears.

Clause 40(11): new section 50(5)

To omit persons, (line 6 on page 53) and substitute persons.

Clause 41: new section 51

Heading to new section 51: to insert after regulations (line 9 on page 53) made.

Subsection (4): to omit section 148 (line 34 on page 53) and substitute sections 148 to 148B, 148D, and 148E.

Clause 43: new section 54

Subsection (1)(a): to omit relation to (line 20 on page 54) and substitute respect of.

Subsection (1)(a)(i) and (ii): to omit these subparagraphs (lines 25 to 29 on page 54) and substitute the following subparagraphs:

  • (i) is required under section 158 or 175A to be treated as the person carrying out the activity; or

  • (ii) if subparagraph (i) does not apply, carries out the activity; and

Subsection (1)(b)(i) and (ii): to omit these subparagraphs (lines 32 to 37 on page 54) and substitute the following subparagraphs:

  • (i) carries out the activity, is registered as a participant under section 57 in respect of the activity, and that registration has taken effect; or

  • (ii) becomes a participant under section 168B or 169 in respect of the activity and is not removed from the register in respect of that activity.

To insert the following subsection after subsection (1) (after line 37 on page 54):

  • (1A) Any reference in this Part or Part 5 to a person or participant carrying out an activity must be read as referring to the person who is to be treated under section 158 or 175A as carrying out the activity, or if those sections do not apply, to the person or participant carrying out the activity.

Subsection (3): to omit relation to (line 6 on page 55) and substitute respect of.

Subsection (4): to omit and (line 10 on page 55) and substitute or.

Subsection (4): to omit forms (line 12 on page 55) and substitute form.

Clause 43: new section 56

Heading to new section 56: to omit relation to (line 13 on page 56) and substitute respect of.

Subsection (3): to omit (1)(a) (line 6 on page 57) and substitute (1)(a),.

Subsection (3)(a)(ii): to omit the details of (line 10 on page 57).

Subsection (3)(b): to omit the details of (lines 12 and 13 on page 57).

Subsection (4): to omit this subsection (lines 15 to 21 on page 57) and substitute the following subsection:

  • (4) If the chief executive receives a notice under subsection (1)(a) from a person whose name is already on the register kept in accordance with subsection (3), the chief executive need not re-enter the person’s name on the register, but must enter next to the person’s name the activity that is specified in the notice, and notify the person that the activity has been entered on the register next to the person's name.

Clause 43: new section 57

Heading to new section 57: to omit relation to (line 31 on page 58) and substitute respect of.

Subsection (2)(c): to omit be made within the period specified if the person already has 1 or more holding accounts, (lines 6 and 7 on page 59) and substitute if the person already has 1 or more holding accounts, contain.

Subsection (3): to omit they submit (line 11 on page 59) and substitute the person submits.

Subsection (3)(a): to omit within 10 working days of submitting the application (line 13 on page 59) and substitute at the time the person submits the application.

Subsection (4)(a): to omit relation to (line 21 on page 59) and substitute respect of.

Subsection (4)(a)(ii): to omit under (line 26 on page 59) and substitute in accordance with.

Subsection (5)(a): to omit the details of (line 33 on page 59).

Subsection (5)(b): to omit relation to (line 36 on page 59) and substitute respect of.

Subsection (5)(b): to omit under subsection (7); and (lines 36 and 37 on page 59) and substitute in accordance with subsection (7)..

Subsection (5A): to omit this subsection (lines 38 and 39 on page 59 and lines 1 to 8 on page 60) and substitute the following subsection:

  • (5A) After registering a person under subsection (5), the chief executive must notify the following persons that the person has been registered as a participant in respect of the activity and the date from which the registration will take effect:

    • (a) the applicant; and

    • (b) by notice issued on the same date as the notice to the applicant, any other persons required to be notified under section 166(5)(a), 173(2)(a), 176(2)(a), or 177A(2)(a), as the case may require.

Subsection (6): to omit this subsection (lines 9 to 18 on page 60) and substitute the following subsection:

  • (6) If the chief executive receives an application under subsection (1) in respect of an activity listed in Part 2, 3, 4, or 5 of Schedule 4, then the chief executive must, within 20 working days of receiving the application,—

    • (a) decline the application; or

    • (b) register the applicant under subsection (5), unless the chief executive requires further information from the applicant in order to satisfy himself or herself that the person is carrying out the activity specified in the application, in which case the chief executive must either register the person within 20 working days of receiving the further information or decline the application.

Subsection (7): to omit onto (line 20 on page 60) and substitute on.

Subsection (7): to omit such later date as is required by sections 173(2)(b), 176(2)(b) (lines 21 and 22 on page 60) and substitute any later date required by section 173(2)(b), 176(2)(b),.

Subsection (8): to omit details of the activity in respect of which the person is registered that are contained in the application. (lines 28 to 30 on page 60) and substitute activity that is specified in the application, and notify the person that the activity has been entered on the register next to the person's name..

Clause 43: new section 58

Heading to new section 58: to omit relation to (line 31 on page 60) and substitute respect of.

Subsection (1): to omit relation to in each place where it appears (lines 34 and 35 on page 60) and substitute in each case respect of.

Subsection (3)(a)(i): to omit relation to (line 7 on page 61) and substitute respect of.

Subsection (3)(b): to omit is to be (line 12 on page 61) and substitute was, or is to be,.

Subsection (3)(c)(i): to omit relation to (line 21 on page 61) and substitute respect of.

Subsection (3)(c)(ii): to omit will be (line 22 on page 61) and substitute was, or is to be,.

Subsection (4): to omit relation to (line 29 on page 61) and substitute respect of.

Subsection (4): to omit if (line 31 on page 61).

Subsection (4): to omit sections (line 31 on page 61) and substitute section.

Clause 43: new section 59

Heading to new section 59: to omit relation to (line 33 on page 61) and substitute respect of.

Subsection (2)(a): to omit relation to (lines 4 and 5 on page 62) and substitute respect of.

Subsection (2)(c): to omit any persons specified in sections 166(6)(a)(ii), 173(3)(b), 176(3)(b), or 177A(3)(b) (lines 12 and 13 on page 62) and substitute the person, and any other person specified in section 166(6)(a)(i), 173(3)(a), 176(3)(a), or 177A(3)(a).

Subsection (2)(c)(i): to omit relation to (line 15 on page 62) and substitute respect of.

Subsection (2)(c)(ii): to omit relation to in each place where it appears (lines 18 and 20 on page 62) and substitute in each case respect of.

Subsection (3): to omit or (line 21 on page 62) and substitute and.

Clause 43: new section 60

Heading to new section 60: to omit relation to (line 22 on page 62) and substitute respect of.

Subsection (1): to omit relation to (line 26 on page 62) and substitute respect of.

Subsection (3): to omit or not (line 1 on page 63).

Clause 43: new section 61

Subsection (2): to omit this subsection (lines 29 to 33 on page 64) and substitute the following subsection:

  • (2) Despite anything in subsection (1), a person who does not have a holding account at the time the person becomes a participant complies with subsection (1) if the person complies with section 56(1)(b) or 57(3), as the case may require.

Subsection (3)(a): to omit sections (line 37 on page 64) and substitute section.

Subsection (3)(b): to omit into (line 1 on page 65) and substitute on.

Subsection (3)(b): to omit sections 56(3) or 57(5) (line 2 on page 65) and substitute section 56 or 57.

Clause 43: new section 62

Paragraph (a): to omit required under (line 7 on page 65) and substitute required by.

Paragraph (c): to omit required under (line 14 on page 65) and substitute required by.

Clause 43: new section 64(4)

To omit the participant is entitled to receive (lines 15 and 16 on page 66) and substitute contained in the assessment.

Clause 43: new section 65

Subsection (1): to omit Parts (line 27 on page 66) and substitute Part.

Subsection (2): to omit period (line 30 on page 66) and substitute year.

Subsection (2)(b): to omit 62(a)and (line 35 on page 66) and substitute 62(b) and.

Subsection (5): to omit in accordance with section 167 and 168 (lines 18 and 19 on page 67) and substitute as set out in section 167(2).

Clause 43: new section 65A

Subsection (1): to omit registered as (line 21 on page 67).

Subsection (1): to omit relation to (line 22 on page 67) and substitute respect of.

Subsection (2): to omit A (line 29 on page 67) and substitute An emissions.

Subsection (2)(b): to insert in respect of each activity covered by the return, before be in respect of (line 32 on page 67).

Subsection (2)(b)(i)(A): to insert after participant (line 34 on page 67) in respect of the activity.

Subsection (2)(b)(i)(B): omit relation to (line 37 on page 67) and substitute respect of.

To add (after line 5 on page 68) the following subsection:

  • (3) Despite anything in section 65, the annual emissions return of a participant who has submitted a return for an activity under this section in any year must cover only the part of the year not covered by a return under this section.

Clause 43: new section 66

Subsection (1)(b): to omit 62(a) (line 14 on page 68) and substitute 62(b).

Subsection (1)(d): to omit the participant’s annual emissions return (lines 18 and 19 on page 68) and substitute an emissions return submitted by the participant.

Clause 43: new section 77(1)(a)

To omit or (line 18 on page 96) and substitute of.

Clause 43: new section 79

Subsection (1)(a): to omit relation to (line 24 on page 97) and substitute respect of.

Subsection (1)(b): to omit relation to (line 28 on page 97) and substitute respect of.

Subsection (1)(e)(i): to omit or 168(2)(a) (line 7 on page 98) and substitute 168A, or 169.

Subsection (1)(e)(ii): to omit 167(5), or 168(2B) (lines 9 and 10 on page 98) and substitute 167, 168A, or 169.

Subsection (3): to omit relation to (line 31 on page 98) and substitute respect of.

Clause 43: new section 80

Subsection (1)(b): to omit activities. (line 9 on page 99) and substitute activities; and.

Subsection (1): to insert after paragraph (b) (after line 9 on page 99) the following paragraph:

  • (c) the manner in which any application, return, information, or other document must be submitted or notified under this Part or Part 5 if this is not otherwise prescribed in regulations.

Clause 43: new section 80A

Subsection (1)(a): to omit this Act (line 26 on page 99) and substitute section 148A.

Subsection (1)(b): to omit this Act (lines 31 and 32 on page 99) and substitute section 148A.

Clause 43: new section 81

Subsection (1): to insert after or regulations (line 25 on page 100) made under section 148A.

Subsection (2): to omit relating to (line 29 on page 100) and substitute in respect of.

Clause 43: new section 82

Subsection (1): to omit carry out (lines 4 and 5 on page 101) and substitute perform.

Subsection (4): to omit and to (line 14 on page 101) and substitute and.

Clause 43: new section 85

Subsection (1): to omit he or she (line 29 on page 102) and substitute the chief executive.

Subsection (5)(b): to omit Court (line 24 on page 103) and substitute court.

Clause 43: new section 88

Subsection (1)(a): to omit carries out (line 14 on page 104) and substitute performs.

Subsection (1)(b): to omit carried out (line 18 on page 104) and substitute performed.

Subsection (2)(a): to omit carrying out (line 22 on page 104) and substitute performing.

Subsection (2)(b): to omit subsection (2)(a) (lines 24 and 25 on page 104) and substitute paragraph (a).

Clause 43: new section 89(2)(b)

To omit or organic matter (line 25 on page 105) and substitute organic matter, or any other thing.

Clause 43: new section 90(2)(e)

To omit or organic matter (line 11 on page 107) and substitute organic matter, or any other thing.

Clause 43: new section 92(2)(b)(ii)

To omit place. (line 21 on page 108) and substitute place; and.

Clause 43: new section 95

To omit carrying out (line 13 on page 109) and substitute performing.

Clause 43: new section 96(1)

Paragraph (c): to omit relation to (line 32 on page 109) and substitute respect of.

Clause 43: new section 100

Heading to new section 100: to omit compliance (line 20 on page 112) and substitute failure to comply.

Clause 43: new section 110

To insert after assessment (line 11 on page 117) made.

Clause 43: new section 111

To insert the following subsection after subsection (6) (after line 10 on page 118):

  • (6A) Units repaid by any person under subsection (6) must be of a type that may be transferred to a surrender account at the time the unit is repaid.

Subsection (7): to omit time frame (line 11 on page 118) and substitute time-frame.

Clause 43: new section 112(1)

To omit 111(4), 113(2) or 125(2) (lines 17 and 18 on page 118) and substitute 111(4), 113(2), 125(2), or 167(3B).

Clause 43: new section 112A

Subsection (1): to omit by transferring the units to a designated Crown holding account (lines 24 and 25 on page 119) and substitute in accordance with subsection (2).

Subsection (2): to omit this subsection (lines 26 to 33 on page 119) and substitute the following subsections:

  • (2) A person who receives a notice under subsection (1) must—

    • (a) repay any units transferred in error that are still in the person’s holding account, or are otherwise under the person's control, by transferring those units as soon as practicable to the Crown holding account designated in the notice; and

    • (b) if not all the units transferred in error are repaid under paragraph (a), repay, within 30 working days of the date of the notice, the outstanding number of units by transferring units to the Crown holding account designated in the notice.

  • (3) Units repaid by any person under subsection (2)(b) must be of a type that may be transferred to a surrender account at the time the unit is repaid.

Clause 43: new section 114

Subsection (1)(a): to insert after 167 (line 31 on page 120) or 169.

Subsection (1)(a): to omit 168 (line 37 on page 120) and substitute 168A.

Subsection (1)(b): to insert after 167 (line 6 on page 121) or 169.

Clause 43: new section 116

Subsection (1)(b)(ii): to omit 168 (line 13 on page 122) and substitute 168A.

Subsection (1)(b)(v): to omit 169 (line 21 on page 122) and substitute 168B or 169.

Clause 43: new section 119(1)(d)

To omit 168 (line 27 on page 123) and substitute 168A.

Clause 43: new section 120(1)(b)

To omit 168 (line 21 on page 124) and substitute 168A.

Clause 43: new section 121

Heading to new section 121: to insert after surrender (line 35 on page 124) or repay.

Subsection (1)(a): to insert after required (line 2 on page 125) to do so.

Subsection (1)(a): to omit 167(5), or 168(2B) (lines 2 and 3 on page 125) and substitute 167, 168A, or 169.

Subsection (1)(b): to insert after assessment (line 5 on page 125) made.

Subsection (1)(b)(ii): to insert before repay (line 9 on page 125) to.

Subsection (1)(c): to omit this paragraph (lines 11 and 12 on page 125) and substitute the following paragraph:

  • (c) a person is required under section 112A to repay units transferred in error.

Subsection (3)(a)(i): to omit 167(5), or 168(2B) (line 32 on page 125) and substitute 167, 168A, or 169.

Clause 43: new section 125(4)

To omit Where (line 37 on page 130) and substitute where.

Clause 43: new section 129(a)

To omit 118, (line 18 on page 132) and substitute 118 or.

Clause 43: new section 132(2)

To omit Court (line 19 on page 134) and substitute court.

Clause 43: new section 133

To omit the Court in each place where it appears (lines 27 and 28, and 29 and 30 on page 134) and substitute in each case the court.

Clause 43: new section 136(1)

To omit chief executive (line 11 on page 136) and substitute person.

Clause 43: new section 137

Subsection (1): to omit relation to (line 31 on page 138) and substitute respect of.

Subsection (3): to omit a form that the chief executive approves (lines 2 and 3 on page 139) and substitute the prescribed form.

Subsection (4)(a)(ii): to omit relation to (line 10 on page 139) and substitute respect of.

Subsection (4)(b): to omit 1 (line 12 on page 139) and substitute one.

Subsection (4)(b): to omit relation to (line 14 on page 139) and substitute respect of.

Subsection (4)(c)(ii): to omit relation to (line 26 on page 139) and substitute respect of.

Subsection (6): to omit any (line 32 on page 139).

Clause 43: new section 137A

Subsection (1): to omit any in the second place where it appears (line 7 on page 140).

Subsection (2)(a)(ii): to omit relation to (line 23 on page 140) and substitute respect of.

Subsection (2)(b)(iii): to omit this subparagraph (line 37 on page 140 to line 11 on page 141).

Subsection (2): to insert after paragraph (b) (after line 36 on page 140) the following paragraph:

  • (c) contain the agreement of every existing member of the consolidated group—

    • (i) to be jointly and severally liable with the other members of the group for any obligations under this Part or Part 5 in respect of emissions and removals resulting from the activities of the joining entity; and

    • (ii) to the transfer to the consolidated group’s holding account, on behalf of the group, of any units to which the joining entity may become entitled in respect of the activity or activities of that entity specified in the notice.

Subsection (5): to omit notice or (line 30 on page 141) and substitute notice, or.

Clause 43: new section 138

Subsection (1): to insert after time is (line 33 on page 141) to be.

Subsection (4): to omit notice or (line 22 on page 142) and substitute notice, or.

Clause 43: new section 138B

Subsection (1)(c): to omit 168 (line 16 on page 144) and substitute 168A.

Subsection (2): to omit Sections (line 21 on page 144) and substitute Section.

Clause 43: new section 142

Subsection (2)(a): to omit relation to (line 7 on page 148) and substitute respect of.

Subsection (2)(b): to omit relation to (line 12 on page 148) and substitute respect of.

Subsection (2)(c): to omit this paragraph (lines 15 to 18 on page 148) and substitute the following paragraph:

  • (c) may, if there are 25 or more persons (other than trustees) who jointly carry out an activity that relates to owning land, be described on the register of participants under section 56 or 57 in a manner prescribed in regulations.

To add the following subsection (after line 18 on page 148):

  • (3) To avoid doubt, this section does not apply to persons who jointly carry out an activity listed in Schedule 3 but would not if they carried out that activity individually be a participant under section 54(1)(a).

Clause 43: new section 143(1)

To omit relation to (lines 24 and 25 on page 148) and substitute respect of.

Clause 43: new section 147

Subsection (3)(i)(i): to omit from or additional to (line 7 on page 154) and substitute from, or additional to,.

Subsection (3)(i)(ii): to omit Schedule (line 14 on page 154) and substitute Schedules.

Subsection (3)(k): to omit for— (line 26 on page 154) and substitute :.

Subsection (5): to insert after each review (line 3 on page 155) under subsection (1).

Clause 43: new section 147AAA

Subsection (1): to omit Act (line 16 on page 155) and substitute Act must.

Subsection (1)(a): to omit must (line 17 on page 155).

Subsection (1)(aa): to omit must (line 19 on page 155).

Subsection (1)(b)(iv): to omit affect on (line 30 on page 155).

Subsection (1)(c): to omit must (line 32 on page 155).

Clause 43: new section 147A

Subsection (1): to omit responsible for the administration of the Act (lines 9 and 10 on page 156).

Subsection (4)(b)(ii): to omit 31 (line 2 on page 157) and substitute 30.

Clause 43: new section 148

Subsection (1): to insert after paragraph (c) (after line 37 on page 160) the following paragraph:

  • (ca) authorising the chief executive to issue guidelines or standards by notice in the Gazette in relation to the data or information prescribed under paragraph (a), and providing that compliance with the guidelines or standards is to be treated as compliance with the relevant requirements in the regulations; and

Subsection (1)(d)(i): to insert after 62(a) or (c) (line 4 on page 161) or unique emissions factors for the purposes of regulations made under section 148A.

Subsection (1)(d)(ii): to insert after verify (line 7 on page 161) unique emissions factors or.

Subsection (3): to omit (c) (line 1 on page 162) and substitute (ca).

Subsection (4)(c): to omit has been required (line 18 on page 162) and substitute is required.

Subsection (4)(c): to omit has become entitled to (line 20 on page 162) and substitute is entitled to a.

To add the following subsection (after line 26 on page 162):

  • (6) Any guidelines or standards issued by the chief executive under regulations made under subsection (1)(ca) are regulations for the purposes of the Regulations (Disallowance) Act 1989, but not for the purposes of the Acts and Regulations Publication Act 1989.

Clause 43: new section 148B

Paragraph (a): to omit offset against (lines 19 and 20 on page 163) and substitute used to offset.

Paragraph (b): to insert after 158A (line 22 on page 163) , which may include (but is not limited to) a requirement that applications include or be accompanied by information about the age and species of the forest species on the pre-1990 forest land and the emissions that will result from the deforestation of the pre-1990 forest land.

Paragraph (c): to omit other forest land for pre-1990 forest land (lines 23 and 24 on page 163) and substitute pre-1990 forest land with offsetting forest land,.

Paragraph (c)(i): to omit offset (line 26 on page 163) and substitute offsetting.

Paragraph (c)(ii): to omit offset (line 28 on page 163) and substitute offsetting.

Paragraph (c)(iii)(A): to omit offset (line 35 on page 163) and substitute offsetting.

Clause 43: new section 148C

Heading to new section 148C: to omit factors (line 4 on page 164) and substitute factors,.

Subsection (1): to omit sections 148 to 148B (line 6 on page 164) and substitute section 148, 148A, or 148B.

Subsection (4): to omit sections 148 or 148B (line 24 on page 164) and substitute section 148, 148A, or 148B.

Clause 43: new section 148D

Heading to new section 148D: to omit costs (line 25 on page 164) and substitute charges.

Subsection (2): to omit registered as participant, or who has applied to be registered as a participant, in relation to (lines 31 and 32 on page 164) and substitute a participant, or who has applied to be a participant, in respect of.

Subsection (2): to omit Parts 1, 2, or 5 (lines 32 and 33 on page 164) and substitute Part 1 or 2.

Subsection (3)(a): to insert after applications (line 15 on page 165) and returns.

Subsection (3)(b): to omit Part (line 19 on page 165) and substitute Parts.

Subsection (4)(b): to omit this paragraph (lines 24 to 26 on page 165) and substitute the following paragraph:

  • (b) provide for partial cost recovery from one class of persons and full cost recovery from another (if this is desirable to further the purposes of this Act); and

Subsection (4)(e): to omit fee and charge (line 32 on page 165) and substitute fee or charge.

Subsection (5): to omit section (line 4 on page 166) and substitute sections.

Clause 43: new section 148E

Subsection (1)(c): to omit this paragraph (lines 12 and 13 on page 166) and substitute the following paragraphs:

  • (b) prescribing matters in respect of which applications for emissions rulings may be made; and

  • (c) prescribing the manner in which 25 or more owners of land may be described in the register of participants under section 56 or 57, for the purposes of section 142(2)(c); and

Subsection (1)(e): to omit this paragraph (lines 16 to 18 on page 166) and substitute the following paragraph:

  • (e) prescribing criteria for carbon accounting areas; and

Subsection (1)(ga): to omit this paragraph (lines 26 to 29 on page 166) and substitute the following paragraph:

  • (ga) prescribing a threshold or amount in respect of the number of animals, the level of emissions, or the volume of synthetic fertiliser for the activities listed in Part 5 of Schedule 4; and

Subsection (1)(gb): to omit this paragraph (lines 30 to 35 on page 166) and substitute the following paragraphs:

  • (gb) requiring information to be provided, and prescribing the information that must be provided, to a person who is a participant in respect of an activity listed in Part 5 of Schedule 3 by a person who is a participant in respect of an activity listed in Part 5 of Schedule 4 for the purposes of section 177D(3); and

  • (gc) prescribing a format or formats for the keeping of records under section 62(d); and

Subsection (1)(i): to insert after applications (line 4 on page 167) or other documents.

Subsection (1)(j): to omit this paragraph (lines 5 to 7 on page 167) and substitute the following paragraph:

  • (j) prescribing a threshold for the purposes of any removal activity listed in Part 2 of Schedule 4; and

Subsection (2): to omit information (line 18 on page 167) and substitute information,.

Clause 43: new section 149(1)

To omit section 148 (line 24 on page 167) and substitute section 148, 148A, 148B, 148D, or 148E.

Clause 43: new section 150

To omit section 148, (lines 5 and 6 on page 168) and substitute section 148, 148A, 148B, 148D, or 148E, as may be applicable,.

Clause 43: new section 152

To omit section 148 (line 23 on page 168) and substitute section 148, 148A, 148B, 148D, or 148E, as may be applicable,.

Clause 43: new section 153

Subsection (1): to omit section 148 (line 26 on page 168) and substitute section 148, 148A, 148B, 148D, or 148E.

Subsection (3): to omit proposed material (line 20 on page 169) and substitute proposed material.

Clause 43: new section 154(2)(a)

To omit section 148 (line 27 on page 170) and substitute section 148, 148A, 148B, 148D, or 148E.

Clause 43: new section 157AA

Heading to new section 157AA: to add or charges (line 14 on page 171).

Subsection (1): to insert after A fee (line 15 on page 171) or charge.

Subsection (1): to omit Act (line 16 on page 171) and substitute Part.

Subsection (1): to insert after the fee (line 17 on page 171) or charge.

Subsection (2): to insert after fees (line 21 on page 171) or charges.

Clause 43: new section 173

Subsection (1): to omit relation to (line 25 on page 200) and substitute respect of.

Subsection (2): to omit relation to (line 28 on page 200) and substitute respect of.

Subsection (2)(a): to omit 57(5)(b)(ii) (line 31 on page 200) and substitute 57(5A)(b).

Subsection (2)(b): to omit 57(5)(b) (line 36 on page 200) and substitute 57(5A).

Subsection (3): to omit relation to (line 3 on page 201) and substitute respect of.

Clause 43: new section 173A

Subsection (1): to omit relation to (lines 16 and 17 on page 201) and substitute respect of.

Subsection (2): to omit 57(3) (line 24 on page 201) and substitute 57(4).

Subsection (3): to omit , or will be when the person's registration takes effect, (lines 31 and 32 on page 201) and substitute (or will, when the person's registration takes effect, be).

Clause 43: new section 173B

To omit registered under section 57 as (line 36 on page 201).

Paragraph (b): to omit ceasing (line 9 on page 202) and substitute having ceased.

Paragraph (c): to omit from the register kept under section 57 in accordance with this Act (lines 11 and 12 on page 202) and substitute , in accordance with this Act, from the register that is kept for the purposes of section 57.

Clause 43: new section 174

To omit who carries out (line 14 on page 202) and substitute in respect of.

To omit registered as (lines 17 and 18 on page 202).

Clause 43: new section 174A

Subsection (1): to omit upon (line 21 on page 202) and substitute on the.

Subsection (1): to omit ships— (line 23 on page 202) and substitute the following matters:.

Subsection (1)(a): to omit onto (line 24 on page 202) and substitute owning or operating a ship onto.

Subsection (1)(a): to omit where those ships consume (line 26 on page 202) and substitute if the ship consumes.

Subsection (1)(a)(ii): to omit in respect of which no fuel obligations are imposed (lines 29 and 30 on page 202) and substitute but in respect of which no participant is required to surrender units.

Subsection (1)(b): to omit , where those ships consume fuel (line 32 on page 202) and substitute if the vessel used for fishing consumes fuel that is.

Subsection (2): to insert after Order (line 34 on page 202) in Council.

Subsection (2)(a) and (b): to omit these paragraphs (lines 1 to 12 on page 203) and substitute the following paragraphs:

  • (a) no participant is, prior to making the recommendation, liable to surrender units in respect of the emissions from the fuel consumed while the activity that is to be the subject of the recommendation is carried out; and

  • (b) adding the activity is—

    • (i) necessary to ensure that A is similar to B, where—

      • (A) A is the cost increases that a person carrying out the activity will face, if the activity is added, due to the obligation imposed by this Act on the person to surrender units in respect of the emissions from the fuel consumed while carrying out the activity; and

      • (B) B is the cost increases that a person carrying out a comparable activity faces due to any obligations imposed by this Act on persons carrying out an activity listed in Part 2 of Schedule 3 to surrender units in respect of the emissions from the fuel consumed while the comparable activity is carried out; and

    • (ii) not inconsistent with New Zealand's international obligations; and

Subsection (4)(a)(ii): to omit January (lines 20 and 21 on page 203) and substitute July.

Subsection (4)(b)(ii): to omit January (line 27 on page 203) and substitute July.

Clause 43: new section 175A

Subsection (2): to omit this subsection (lines 8 to 14 on page 204) and substitute the following subsection:

  • (2) If this section applies and—

    • (a) a permit is required under any Act to carry out the mining, then the person who holds the permit is to be treated as the person carrying out the activity; or

    • (b) no permit is required to carry out the mining, then the owner of the mine is to be treated as the person carrying out the activity.

Clause 43: new section 175B

To omit this section (lines 15 to 22 on page 204) and substitute the following section:

175B Mining natural gas in Exclusive Economic Zone and continental shelf
  • (1) This Act applies to the activity of mining natural gas, other than for export, listed in Part 3 of Schedule 3, if that activity is carried out anywhere within the territorial limits of New Zealand, the exclusive economic zone, or in, on, or above the continental shelf.

    (2) For the purposes of this section,—

    continental shelf has the same meaning as in section 2(1) of the Continental Shelf Act 1964

    exclusive economic zone has the same meaning as in section 9 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977.

Clause 43: new section 175C

To omit combusting of used oil, waste oil, used tyres, or waste for the purpose of generating electricity or industrial heat activity (lines 25 to 27 on page 204) and substitute activity of combusting used oil, waste oil, used tyres, or waste for the purpose of generating electricity or industrial heat.

Clause 43: new section 175D

To omit listed in Part 3 of Schedule 3 of mining coal, where the volume of coal mined exceeds 2 000 tonnes in a year, (lines 2 to 4 on page 205) and substitute of mining coal, where the volume of coal mined exceeds 2 000 tonnes in a year, listed in Part 3 of Schedule 3.

Clause 43: new section 175E

Heading to new section 175E: to omit a in each place where it appears (lines 9 and 10 on page 205).

Clause 43: new section 176

Subsection (1): to omit relation to (line 20 on page 205) and substitute respect of.

Subsection (2): to omit relation to (line 23 on page 205) and substitute respect of.

Subsection (2)(a): to omit 57(5)(b)(ii) (line 26 on page 205) and substitute 57(5A)(b).

Subsection (2)(b): to omit 57(5)(b) (line 35 on page 205) and substitute 57(5A).

Subsection (3): to omit relation to (line 1 on page 206) and substitute respect of.

Subsection (3)(b): to insert after 58(3)(b) (line 15 on page 206) and (c).

Subsection (4)(b): to omit 57(3A)(b) (line 23 on page 206) and substitute 57(5A).

Clause 43: new section 176A

Subsection (1): to omit relation to (lines 29 and 30 on page 206) and substitute respect of.

Subsection (2): to omit this subsection (line 35 on page 206 to line 2 on page 207) and substitute the following subsection:

  • (2) If the chief executive receives an application under section 57 that includes the information specified in subsection (1), the chief executive may, for the purposes of section 57(4), satisfy himself or herself that the person is (or will, when the person’s registration takes effect, be) carrying out an activity listed in Part 4 of Schedule 4 that is specified in the application on the basis of that information.

Subsection (3): to omit contained (line 9 on page 207) and substitute specified.

Clause 43: new section 176B

Subsection (1): to omit registered under section 57 as (line 12 on page 207).

Subsection (1): to omit 4 (line 17 on page 207) and substitute 4,—.

Subsection (1)(b): to omit ceasing (line 22 on page 207) and substitute having ceased.

Subsection (1)(c): to omit from the register kept under section 57 in accordance with this Act (lines 24 and 25 on page 207) and substitute , in accordance with this Act, from the register that is kept for the purposes of section 57.

Subsection (2): to omit this subsection (lines 26 to 29 on page 207).

Clause 43: new section 177

To omit registered as (line 34 on page 207) and substitute who is.

Clause 43: new section 177A

Heading to new section 177A: to omit farmers (line 27 on page 208) and substitute persons carrying out activities listed in Part 5 of Schedule 4.

Subsection (1): to omit relation to (line 29 on page 208) and substitute respect of.

Subsection (2): to omit relation to (line 32 on page 208) and substitute respect of.

Subsection (2)(a): to omit 57(5)(b)(ii) (line 35 on page 208) and substitute 57(5A)(b).

Subsection (2)(a)(i): to omit 4 (line 37 on page 209) and substitute 4,.

Subsection (2)(a)(ii): to omit 4 (line 4 on page 208) and substitute 4,.

Subsection (2)(b): to omit 57(5)(b) (line 9 on page 209) and substitute 57(5A).

Subsection (3): to omit relation to (line 12 on page 209) and substitute respect of.

Subsection (3)(a): to omit or 59(2)(b) (line 14 on page 209).

Subsection (3)(b): to omit 58(4)(a) (line 23 on page 209) and substitute 58(4).

Clause 43: new section 177B

Subsection (1): to omit relation to (lines 29 and 30 on page 209) and substitute respect of.

Subsection (2): to omit 57(3) (line 38 on page 209) and substitute 57(4).

Subsection (2): to omit , or will be when the person's registration takes effect, (lines 1 and 2 on page 210) and substitute (or will, when the person's registration takes effect, be).

Subsection (2): to omit contained (line 3 on page 210) and substitute specified.

Subsection (3): to omit contained (line 10 on page 210) and substitute specified.

Clause 43: new section 177C

Heading to new section 177C: to omit the (line 11 on page 210).

To omit registered under section 57 as (line 13 on page 210).

Paragraph (b): to omit ceasing (line 23 on page 210) and substitute having ceased.

Paragraph (c): to omit from the register kept under section 57 in accordance with this Act (lines 25 and 26 on page 210) and substitute , in accordance with this Act, from the register that is kept for the purposes of section 57.

Clause 43: new section 177D

Subsection (1): to omit who carries out (line 28 on page 210) and substitute in respect of.

Subsection (1): to omit registered as (line 32 on page 210) and substitute who is.

Subsection (2): to omit who carries out (line 34 on page 210) and substitute in respect of.

Subsection (2): to omit registered as (line 1 on page 211).

Subsection (3): to omit this subsection (lines 4 to 11 on page 211) and substitute the following subsection:

  • (3) A participant in respect of an activity listed in Part 5 of Schedule 4 must, if required by regulations made under section 148E, provide to participants in respect of activities listed in Part 5 of Schedule 3, the prescribed information that indicates whether the emissions from the activity carried out by the participant have been accounted for by that participant.

Clause 43: new section 178(1)(d) to (g)

To omit these paragraphs (lines 24 to 37 on page 211) and substitute the following paragraph:

  • (d) subpart 2 of Part 4 of Schedule 3, Part 5 or 6 of Schedule 3, or Part 5 of Schedule 4 that relates to the year from 1 January 2013 to 31 December 2013.

Clause 43: new section 178A

Subsection (1)(a)(ii) to (v): to omit these subparagraphs (lines 30 to 37 on page 212 and lines 1 and 2 on page 213) and substitute the following subparagraphs:

  • (ii) Part 5 of Schedule 3 in the period 1 January 2011 to 31 December 2011:

  • (iii) subpart 2 of Part 4 of Schedule 3 or Part 6 of Schedule 3 in the period 1 January 2011 to 31 December 2011; or

Subsection (2)(c): to omit reported in any emissions return referred to in paragraph (b) (lines 28 and 29 on page 213) and substitute in respect of the relevant activity and period in subsection (1).

Subsection (2)(d): to omit this paragraph (lines 30 to 32 on page 213) and substitute the following paragraph:

  • (d) is not required to comply with any of the obligations of a participant under this Act in respect of the relevant activity and period in subsection (1):

To add the following subsection (after line 35 on page 213):

  • (3) The chief executive must not include information obtained from an emissions return submitted in accordance with subsection (2)(b) in the information published under section 79.

Clause 43: new section 178B

Subsection (1)(a)(ii) and (iii): to omit these subparagraphs (lines 4 to 9 on page 214) and substitute the following subparagraph:

  • (ii) Part 5 of Schedule 3 in the period 1 January 2012 to 31 December 2012:

Clause 43: new section 178C

To omit registered as (line 33 on page 214).

Clause 43: new section 178D

Heading to new section 178D: to omit Additonal (line 3 on page 215) and substitute Additional.

Subsection (1): to omit one (line 6 on page 215) and substitute 1.

Subsection (2): to omit 2008, (line 15 on page 215) and substitute 2008.

Clause 43: new section 179

To omit does (line 31 on page 215) and substitute do.

Paragraph (b): to omit this paragraph (lines 34 to 37 on page 215) and substitute the following paragraph:

  • (b) replace the Climate Change (Unit Register) Regulations 2007.

Clause 43A(2)

To omit are made (lines 9 and 10 on page 216) and substitute come into force.

Clause 45

Subclause (2): to omit this subclause (lines 4 to 7 on page 217).

To add the following subclauses (after line 15 on page 217):

  • (4) Section 67Y is amended by inserting the following subsection after subsection (2):

    • (2A) Regulations made under subsection (1)(b) may incorporate by reference any relevant—

      • (a) methodologies prescribed in regulations made under section 148(1)(b) of the Climate Change Response Act 2002; or

      • (b) guidelines or standards issued under regulations made under section 148(1)(ca) of the Climate Change Response Act 2002.

  • (5) Section 67Y is amended by inserting the following subsection after subsection (3):

    • (3A) Regulations made under subsection (1)(k) may incorporate by reference any form or format for a record, return, or information prescribed under section 80, or in regulations made under section 148E(1)(h) of the Climate Change Response Act 2002 or in any guidelines or standards issued under regulations made under section 148(1)(ca) of that Act.

Clause 47

Heading to clause 47: to insert before Income (line 29 on page 217) Amendments to.

Clause 56

Heading to clause 56: to insert before Income (line 27 on page 225) Amendments to.

Schedule: new Schedule 3

Heading to new Schedule 3: to omit ss 2A, 4(1), (5), 54(1), 55, 56, 59, 60, 62, 63, 65, 66, 70 to 72, 79, 96, 106, 137, 142, 143, 158, 161, 162, 170, 171, 173, 174, 177, 178 (lines 5 to 12 on page 250) and substitute ss 2A, 4(1), 18CC, 18CD, 30F, 54 to 56, 59, 60, 62, 63, 65, 66, 69, 69A, 70, 79, 81, 96, 106, 116, 137, 142, 143, 147, 148E, 158 to 158A, 162, 165, 171, 173, 174 to 174A, 175A to 175D, 177A, 177D to 178B, 178D.

Schedule: new subpart 2 of Part 4 of Schedule 3

To add the following item (after line 15 on page 252):

Manufacturing sulphur hexafluoride, hydro fluorocarbons or per fluorocarbons, other than through producing aluminium resulting in the consumption of anodes or the production of anode effects.

Schedule: new Schedule 4

Heading to new Schedule 4: to omit ss 2A, 4(1), 54(1), 57, 58, 59, 62, 63, 65, 66, 72, 79, 96, 106, 130, 137, 143, 148(1)(l), 165 to 169, 172 to 174, 176 to 178 (lines 2 to 7 on page 255) and substitute ss 2A, 4(1), 18CC, 18CD, 54, 57, 59, 62, 63, 65 to 65A, 66, 69, 69A, 70, 79, 81, 96, 106, 130, 137, 138B, 142, 147 to 147A, 148D, 148E, 158A, 165 to 169, 172, 173, 173A, 173B, 174 to 174A, 175E to 178D.

Schedule: new subpart 1 of Part 2 of Schedule 4

Paragraph (a): to omit this paragraph (lines 33 to 37 on page 255) and substitute the following paragraphs:

  • (a) that—

    • (i) is permanently embedded in the product; or

    • (ii) is temporarily embedded in the product, and the product is exported with the substance embedded; and

  • (aa) that would result in emissions if not embedded; and

Paragraph (b)(ii): to omit agreement. (line 10 on page 256) and substitute agreement; and.

Paragraph (b): to add the following subparagraph (after line 10 on page 256):

  • (iii) any prescribed threshold is met.

Schedule: new subpart 2 of Part 2 of Schedule 4

To omit the item in this subpart (line 14 on page 256) and substitute the following item:

Storing of carbon dioxide after capture, where—

  • (a) a person is required to surrender units under this Act in respect of the emissions that would result if the carbon dioxide was not captured and stored; and

  • (b) the result of the carbon dioxide being captured and stored is a reduction from emissions reported in New Zealand’s annual inventory report under the Convention or Protocol or any emissions report from New Zealand under a successor international agreement; and

  • (c) any prescribed threshold is met.

Schedule: new subpart 3 of Part 2 of Schedule 4

To omit 178D (line 17 on page 256) and substitute 178C.

To omit both items (lines 18 to 20 on page 256) and substitute the following items:

Exporting hydro fluorocarbons, per fluorocarbons, or sulphur hexafluoride, including hydro fluorocarbons, per fluorocarbons, or sulphur hexafluoride contained in goods, where any prescribed threshold is met.

Destroying hydro fluorocarbons, per fluorocarbons, or sulphur hexafluoride where any prescribed threshold is met.

Schedule: new Part 3 of Schedule 4

To omit 178C (line 24 on page 256) and substitute 178D.

To omit from the item one (line 28 on page 256) and substitute 1.

Schedule: new Part 4 of Schedule 4

To omit from the first item one (line 8 on page 257) and substitute 1.

To omit from the second item one (line 10 on page 257) and substitute 1.


Explanatory note

This Supplementary Order Paper amends the Climate Change (Emissions Trading and Renewable Preference) Bill.