New Zealand Legislation: Supplementary Order Papers
Supplementary Order Papers (SOPs) are proposed amendments to Bills
Supplementary Order Papers (SOPs) are proposed amendments to Bills
Add to web feed Clause 43: new section 166
Subsection (1)(b): to omit “register”
(line 13 on page 184) and substitute “be a participant”
.
To insert the following subsection after subsection (1) (after line 15 on page 184):
“(1A) The chief executive must, in respect of every person who is a participant in respect of an activity listed in Part 1 of Schedule 4, keep a record of the carbon accounting area or areas in respect of which the person is a participant.
Subsection (2): to omit this subsection (lines 16 to 25 on page 184) and substitute the following subsection:
“(2) A person who is a participant in respect of an activity listed in Part 1 of Schedule 4—
“(a) may apply to the chief executive to—
“(i) add or remove any carbon accounting area to or from the post-1989 forest land in respect of which the person is recorded as a participant; or
“(ii) remove post-1989 forest land from a carbon accounting area in respect of which the person is recorded as a participant; and
“(b) must notify the chief executive if the person ceases to carry out the activity in respect of a carbon accounting area or any land in a carbon accounting area in respect of which the person is recorded as a participant.
Subsection (3): to insert after “An application”
(line 26 on page 184) “or a notice”
.
Subsection (3)(a) and (b): to omit these paragraphs (lines 27 to 30 on page 184) and substitute the following paragraph:
“(a) in the prescribed form; and
“(b) accompanied by any prescribed fee and any prescribed information.
Subsection (4): to omit this subsection (line 31 on page 184 to line 2 on page 185) and substitute the following subsection:
“(4) The chief executive may not add a carbon accounting area to the post-1989 forest land in respect of which a person is recorded as a participant, unless satisfied that the person would (if appropriate) qualify to be registered as a participant in respect of that land under section 165.
Subsection (5)(a)(ii): to omit “land; and”
(line 12 on page 185) and substitute “forest land; or”
.
Subsection (5)(b): to omit this paragraph (lines 13 to 30 on page 185) and substitute the following paragraph:
“(b) receives an application to add a carbon accounting area and is satisfied as to the matters specified in subsection (4), the chief executive must—
“(i) notify,—
“(A) if the activity relates to owning post-1989 forest land, any person with a registered forestry right or registered lease in respect of the land in the carbon accounting area; or
“(B) if the activity relates to being the holder of a registered forestry right or registered lease, or being a party to a Crown conservation contract in respect of post-1989 forest land, the landowner of the land in the carbon accounting area; and
“(ii) update the participant’s record to reflect the addition of the carbon accounting area and notify the participant accordingly.
Subsection (6)(a)(i): to omit “59(2)(b)”
(line 37 on page 185) and substitute “59(2)(c)”
.
Subsection (6)(a)(i)(A): to omit “registered participant, any person with a”
(lines 38 and 39 on page 185) and substitute “participant, the holder of any”
.
Subsection (6)(a)(i)(B): to omit this subsubparagraph (lines 3 to 5 on page 186) and substitute the following subsubparagraph:
“(B) if a holder of a registered forestry right or registered lease, or a party to a Crown conservation contract is the participant, the landowner of the post-1989 forest land; and
Subsection (6)(a)(ii): to omit this subparagraph (lines 6 to 11 on page 186) and substitute the following subparagraph:
“(ii) remove the person’s name from the register—
“(A) 10 working days after the date of the notification under section 58(3)(c); or
“(B) as required under section 59(2):
Subsection (6)(b): to omit “under subsection (2)”
(line 12 on page 186).
Subsection (6)(b): to omit “participant is registered”
(lines 14 and 15 on page 186) and substitute “person is recorded as a participant, or a notification that the person has ceased to carry out the activity in respect of a carbon accounting area or part of a carbon accounting area”
.
Subsection (6)(b)(i): to omit this subparagraph (lines 16 to 24 on page 186) and substitute the following subparagraph:
“(i) notify,—
“(A) if the landowner is the participant, any holder of a registered forestry right or registered lease in respect of the post-1989 forest land; or
“(B) if a holder of a registered forestry right or registered lease, or a party to a Crown conservation contract is the participant, the landowner of the post-1989 forest land; and
Subsection (6)(b)(ii): to omit “register under section 57”
(line 25 on page 186) and substitute “participant’s record”
.
Subsection (6)(b)(ii): to insert after “participant”
(line 27 on page 186) “accordingly”
.
Subsection (7): to omit “register under subsection”
(line 28 on page 186) and substitute “participant’s record under subsection (5)(b)(ii) or”
.
Subsection (7): to omit “(6)(b)(i)”
(line 30 on page 186) and substitute “(5)(b)(ii) or (6)(b)(ii), as the case may be”
.
Subsection (8): to omit this subsection (lines 31 to 37 on page 186) and substitute the following subsection:
“(8) Despite section 57(7), a person who has terminated a forest sink covenant registered under section 67ZD of the Forests Act 1949 and then registers as a participant in respect of that land is to be treated as being a participant in respect of the post-1989 forest land from the date the covenant was registered on the land under section 67ZD of the Forests Act 1949.
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