Climate Change Response Act 2002

86B Decisions on applications for allocations of New Zealand units to industry

(1)

On receipt of an application under section 86 in respect of an eligible industrial activity, the EPA must decide—

(a)

whether the applicant is eligible to receive an allocation in respect of the application:

(b)

if in the EPA’s opinion the applicant is eligible for an allocation in respect of the application, the number of units the applicant is entitled to be allocated in respect of the application that, if the application relates to a provisional allocation for an eligible industrial activity, must—

(i)

include any units to which the person is entitled in respect of an annual allocation adjustment for the previous year; or

(ii)

be net of any units required to be deducted from the person’s provisional allocation entitlement in accordance with section 83(6)(a).

(2)

If the EPA decides under subsection (1) that an applicant is entitled to receive an allocation in respect of the application, then the EPA must—

(a)

notify the applicant of—

(i)

the number of units the applicant has been allocated in respect of the application and any adjustment to that allocation that the EPA has made under subsection (1); and

(ii)

the person’s right under section 144 to seek a review of the allocation decision; and

(b)

comply with section 86BB, as long as the number of units allocated is greater than zero, even after any adjustment made under subsection (1).

(3)

If the EPA decides under subsection (1) that an applicant is not eligible to receive an allocation in respect of the application, or that the allocation to which the person is entitled in respect of the application is the same as or less than the number of units that the person is liable to repay in respect of an annual allocation adjustment recorded in the application in accordance with section 83(6)(a), then the EPA must notify the applicant of—

(a)

the EPA’s decision; and

(b)

the reasons for the decision; and

(c)

if the result of the decision is that the person is liable to repay more units than the number of units to which the person would have been entitled in respect of the application, the number of units in the shortfall; and

(d)

the person’s right under section 144 to seek a review of the allocation decision.

(4)

If a person has failed to notify the EPA of an annual allocation adjustment or a closing allocation adjustment when required by section 83(6)(b) or 84(1)(c)(ii), or if the EPA is satisfied that an annual allocation adjustment or closing allocation adjustment notified by a person to the EPA under section 83(6)(b) or 84(1)(c)(ii) is incorrect, then the EPA may make a decision as to the person’s annual allocation adjustment, or closing allocation adjustment or correct annual allocation adjustment or closing allocation adjustment.

(5)

The EPA must, as soon as practicable, after deciding an eligible person’s final allocation for an eligible activity in respect of a year,—

(a)

publish the decision in the Gazette; and

(b)

ensure it is accessible via the Internet site of the EPA.

(6)

For the purposes of subsection (5),—

(a)

the final allocation of a person who received a provisional allocation for an eligible industrial activity is the person’s provisional allocation for the activity in respect of the year adjusted by the annual allocation adjustment for the activity for the year (or closing allocation adjustment, as the case may be); and

(b)

the EPA is not required to publish the final allocation of an eligible person for an eligible activity in respect of a year, or ensure it is accessible via the Internet, if the EPA considers that publishing that information would be likely to prejudice unreasonably the commercial position of the eligible person who received the allocation.

Section 86B: inserted, on 8 December 2009, by section 32 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 86B heading: amended, on 23 June 2020, by section 90(1) of the Climate Change Response (Emissions Trading Reform) Amendment Act 2020 (2020 No 22).

Section 86B(1): amended, on 23 June 2020, by section 90(2) of the Climate Change Response (Emissions Trading Reform) Amendment Act 2020 (2020 No 22).

Section 86B(1): amended, on 5 December 2011, by section 19 of the Climate Change Response Amendment Act 2011 (2011 No 15).

Section 86B(1)(b): amended, on 5 December 2011, by section 19 of the Climate Change Response Amendment Act 2011 (2011 No 15).

Section 86B(2): amended, on 5 December 2011, by section 19 of the Climate Change Response Amendment Act 2011 (2011 No 15).

Section 86B(2)(a)(i): amended, on 23 June 2020, by section 90(3) of the Climate Change Response (Emissions Trading Reform) Amendment Act 2020 (2020 No 22).

Section 86B(2)(a)(i): amended, on 5 December 2011, by section 19 of the Climate Change Response Amendment Act 2011 (2011 No 15).

Section 86B(2)(b): replaced, on 23 June 2020, by section 90(4) of the Climate Change Response (Emissions Trading Reform) Amendment Act 2020 (2020 No 22).

Section 86B(3): amended, on 5 December 2011, by section 19 of the Climate Change Response Amendment Act 2011 (2011 No 15).

Section 86B(3)(a): amended, on 5 December 2011, by section 19 of the Climate Change Response Amendment Act 2011 (2011 No 15).

Section 86B(4): amended, on 5 December 2011, by section 19 of the Climate Change Response Amendment Act 2011 (2011 No 15).

Section 86B(5): amended, on 5 December 2011, by section 19 of the Climate Change Response Amendment Act 2011 (2011 No 15).

Section 86B(5)(b): amended, on 5 December 2011, by section 19 of the Climate Change Response Amendment Act 2011 (2011 No 15).

Section 86B(6)(b): amended, on 5 December 2011, by section 19 of the Climate Change Response Amendment Act 2011 (2011 No 15).