Revision of emissions budgets

Heading: inserted, on 14 November 2019, by section 8 of the Climate Change Response (Zero Carbon) Amendment Act 2019 (2019 No 61).

5ZE When emissions budgets may be revised
Notified emissions budgets

(1)

The Commission may, when providing advice and recommendations on a future emissions budget under section 5ZA, recommend that any emissions budgets notified under section 5ZD be revised if, since the emissions budgets were originally set,—

(a)

there have been methodological improvements to the way that emissions are measured and reported; or

(b)

1 or more significant changes have affected the considerations listed in section 5ZC(2) on which an emissions budget was based.

(2)

At any time the 2050 target is revised, the Commission may provide advice recommending that the relevant emissions budgets be revised to reflect the change in the 2050 target.

(3)

An emissions budget notified under section 5ZD may be revised only if the Commission recommends the revision.

Minister’s determination

(4)

After receiving advice from the Commission, the Minister must determine whether to revise an emissions budget.

(5)

The Minister must—

(a)

take into account—

(i)

the Commission’s advice; and

(ii)

the matters set out in section 5ZC(2); and

(b)

follow the procedure set out in sections 5ZB and 5ZD.

(6)

However, the Minister must not revise an emissions budget—

(a)

after an emissions budget period has begun, unless the circumstances are exceptional; or

(b)

after the end of the emissions budget period to which it relates; or

(c)

in any way other than that required if any of the circumstances described in subsection (1) or (2) apply.

(7)

If the Minister determines to revise an emissions budget, the Minister must present to the House of Representatives an explanation of the reasons for revising the original emissions budget, having regard to—

(a)

the matters described in subsection (1)(a) and (b); and

(b)

the prohibition on revising an emissions budget (see subsection (6)) and any exceptional circumstances that led to the Minister’s decision (see subsection (6)(a)).

Section 5ZE: inserted, on 14 November 2019, by section 8 of the Climate Change Response (Zero Carbon) Amendment Act 2019 (2019 No 61).