Climate Change Response (Emissions Trading Reform) Amendment Act 2020

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Climate Change Response (Emissions Trading Reform) Amendment Act 2020

Public Act		2020 No 22
Date of assent		22 June 2020
Commencement		see section 2

1	Title
2	Commencement
3	Principal Act
	Part 1 Amendments to principal Act
	Subpart 1—Amendments that commence on day after Royal assent
4	Section 2A amended (Application of Schedules 3 and 4)
5	Sections 2B and 2C replaced
	2B	Orders in Council in relation to subparts 2 and 4 of Part 5 of Schedule 3 (Agriculture)
	2C	Effect of overlapping application of subparts of Part 5 of Schedule 3 (Agriculture)
6	Section 3 amended (Purpose)
7	Section 3A amended (Treaty of Waitangi (Te Tiriti o Waitangi))
8	New section 3B inserted (Consultation about certain regulations, orders, and notices)
	3B	Consultation about certain regulations, orders, and notices
9	Section 4 amended (Interpretation)
10	New section 4AA inserted (Greenhouse gas definition may be amended to add gases)
	4AA	Greenhouse gas definition may be amended to add gases
11	Section 5D amended (Membership of Commission)
12	Section 5J amended (Commission’s functions)
13	Section 5N amended (Consultation)
14	Section 5ZA amended (Commission to advise Minister)
15	Section 5ZG amended (Requirement for emissions reduction plan)
16	Section 5ZH amended (Commission to advise on emissions reduction plans)
17	Section 5ZI amended (Minister to prepare and make emissions reduction plan publicly available)
18	Section 5ZL amended (Commission to report at end of emissions budget period)
19	New subpart 6 of Part 1B inserted
		Subpart 6—Recommendations about making regulations
	5ZOA	Recommendations about limits and price control settings for units
	5ZOB	Recommendations about decreased or increased phase-out rates
20	Section 6 amended (Minister of Finance may direct Registrar regarding establishment of Crown holding accounts and carry out trading activities with respect to units)
21	Section 6A amended (Minister’s power to sell by auction)
22	Section 7 amended (Minister of Finance may give directions to Registrar regarding accounts and units)
23	Section 9 amended (Minister of Finance may obtain information from inventory agency and Registrar)
24	Section 10 replaced (Purpose of Registry)
	10	Purpose of Registry
25	Section 13 amended (Registrar may refuse access to, or suspend operation of, Registry)
26	Section 14 replaced (Registrar must give effect to directions)
	14	Registrar must give effect to directions
27	Section 15 amended (Registrar to allocate unique numbers)
28	Sections 16 and 17 repealed
29	Section 18 amended (Form and content of unit register)
30	Section 18B amended (Closing holding accounts)
31	Section 18C amended (Transfer of units)
32	Section 18CA replaced (Effect of surrender, retirement, cancellation, and conversion)
	18CA	Effect of surrender and cancellation
33	Sections 18CB, 18CC, and 18CD repealed
34	Section 18D amended (Succession)
35	Section 19 repealed (Retirement of Kyoto units by the Crown)
36	Section 20 amended (Transactions must be registered)
37	Section 21 repealed (Registration procedure for Kyoto units)
38	Section 21AA amended (Registration procedure for New Zealand units and approved overseas units)
39	Section 21A amended (Electronic registration)
40	Section 21B amended (Defective applications)
41	Section 23 repealed (Receiving Kyoto units from overseas registries)
42	Section 23A amended (Receiving New Zealand units and approved overseas units from overseas registries)
43	Section 24 amended (Priority of registration)
44	Section 25 amended (Correction of unit register)
45	Section 27 amended (Information accessible by search)
46	Section 30A amended (The Crown or Registrar not liable in relation to searches in certain cases)
47	Sections 30B to 30D and cross-heading repealed
48	Section 30E repealed (Conversion of New Zealand units into designated assigned amount units for sale overseas or cancellation)
49	Section 30G amended (Regulations relating to Part 2)
50	Sections 30GA to 30H replaced
	30GA	Regulations for auctions to sell New Zealand units
	30GB	Regulations about limits and price control settings for units
	30GC	Requirements for regulations about limits and price control settings for units
	30GD	Regulations for auction monitor
	30GE	Sharing information with auction monitor
	30GF	Obligation of confidentiality on auction monitor
	30GG	Offence for breach of auction monitor’s obligation of confidentiality
	30H	Consultation and commencement for certain regulations about units and auctions
51	Section 30I amended (Incorporation by reference in regulations made under section 30G)
52	New section 30IA inserted (Minister must obtain greenhouse gas reductions to match certain excess units)
	30IA	Minister must obtain greenhouse gas reductions to match certain excess units
53	Section 30J amended (Signing false declaration with respect to regulations made under section 30G)
54	New subpart 3 of Part 2 inserted
		Subpart 3—Infringement offences
	30L	Meaning of infringement offence and infringement fee
	30M	Regulations about infringement offences
	30N	Consultation and commencement for regulations about infringement offences
	30O	Proceedings for infringement offences
	30P	Appointment of enforcement officers
	30Q	When infringement notice may be issued
	30R	Infringement notice may be revoked
	30S	What infringement notice must contain
	30T	How infringement notice may be served
	30U	Payment of infringement fees
	30V	Reminder notices
55	Section 31 amended (Meaning of greenhouse gas)
56	Section 32 amended (Primary functions of inventory agency)
57	Section 35 amended (Publication)
58	Section 36 amended (Authorisation of inspectors)
59	Section 48 amended (Signing false declaration in respect of regulations made under section 50)
60	Section 49 amended (Reporting)
61	Section 50 amended (Regulations)
62	Section 51 amended (Incorporation by reference in regulations made under section 50)
63	Section 52 amended (Inventory agency must report to Minister on certain matters before certain regulations are made)
64	Section 53 repealed (Consequential amendments)
65	Section 54 amended (Participants)
66	Section 55 amended (Associated persons)
67	Section 56 amended (Registration as participant in respect of activities listed in Schedule 3)
68	Section 57 amended (Applicant to be registered as participant in respect of activities listed in Schedule 4)
69	Section 58 amended (Removal from register of participants in respect of activities listed in Schedule 4)
70	Section 59 amended (Removal from register of participants in respect of activities listed in Schedules 3 and 4)
71	New section 59A inserted (Removal from register if participant never carried out activity)
	59A	Removal from register if participant never carried out activity
72	Section 60 amended (Exemptions in respect of activities listed in Schedule 3)
73	New sections 60A and 60B inserted
	60A	Exemption for participants in activity listed in Part 1 of Schedule 4
	60B	Incorporation by reference in order made under section 60 or 60A
74	Section 61 amended (Requirement to have holding account)
75	Section 63 amended (Liability to surrender units to cover emissions)
76	Section 64 amended (Entitlement to receive New Zealand units for removal activities)
77	New section 64A inserted (Transfer of units allocated, or entitled to be received or reimbursed, less any units that must be surrendered or repaid)
	64A	Transfer of units allocated, or entitled to be received or reimbursed, less any units that must be surrendered or repaid
78	Section 65 amended (Annual emissions returns)
79	Section 68 amended (Issuing New Zealand units)
80	Section 69 repealed (Notification of intention regarding New Zealand units)
81	Cross-heading above section 70 amended
82	Sections 70 to 79 replaced
	70	Allocation plan issued
83	Section 81 amended (Entitlement to provisional allocation for eligible industrial activities)
84	Section 83 amended (Annual allocation adjustment)
85	New sections 84A to 84C inserted
	84A	Regulations setting decreased phase-out rates
	84B	Regulations setting increased phase-out rates
	84C	Procedure for regulations setting phase-out rates
86	Section 85 amended (Allocation of New Zealand units in relation to agriculture)
87	Section 85A amended (Temporary suspension of phase-out rates for assistance under sections 81, 83(2), and 85(2))
88	Section 86 amended (Applications for allocation of New Zealand units for industry and agriculture)
89	Section 86A amended (Provisional allocation to industry in and after 2013)
90	Section 86B amended (Decisions on applications for allocations of New Zealand units to industry and agriculture)
91	New sections 86BA to 86BC inserted
	86BA	Decisions on applications for allocations of New Zealand units to agriculture
	86BB	Transfer of allocated units to industry, less any units that must be surrendered or repaid
	86BC	Transfer of allocated units to agriculture, less any units that must be surrendered or repaid
92	Section 86C amended (Reconsideration of allocation decisions)
93	Section 86E amended (Minister or EPA or chief executive may require further information for purpose of carrying out functions under subpart)
94	Section 87 amended (Functions of EPA)
95	Section 88 amended (Directions to EPA)
96	Section 89 amended (EPA to publish certain information)
97	New section 89A inserted (EPA to publish participant data on emissions and removals)
	89A	EPA to publish participant data on emissions and removals
98	Section 90 amended (EPA may prescribe form of certain documents)
99	New section 91A inserted (Correction of unique emissions factors)
	91A	Correction of unique emissions factors
100	Section 93 amended (Appointment of enforcement officers)
101	Section 94 amended (Power to require information)
102	Section 95 amended (Power to inquire)
103	Section 96 amended (Inquiry before District Court Judge)
104	Section 99 amended (Obligation to maintain confidentiality)
105	Section 100 amended (Power of entry for investigation)
106	Section 104 amended (Information obtained under section 100 or 101 only admissible in proceedings for alleged breach of obligations imposed under this Part and Part 5)
107	Section 107 amended (Applications for emissions rulings)
108	New section 107A inserted (Insufficient information provided for ruling on entire application)
	107A	Insufficient information provided for ruling on entire application
109	Section 108 amended (Matters in relation to which EPA may decline to make emissions rulings)
110	Section 109 amended (Making of emissions rulings)
111	Section 116 amended (Effect of emissions rulings)
112	Section 117 amended (EPA may publish certain aspects of emissions rulings)
113	Section 124 amended (Reimbursement of units by EPA)
114	Section 125 replaced (Repayment of units by persons in case of error)
	125	Repayment of units by persons in case of error
115	Section 127 amended (Time bar for amendment of emissions returns)
116	Section 129 amended (Offences in relation to failure to comply with various provisions)
117	Section 132 amended (Other offences)
118	Section 133 amended (Evasion or similar offences)
119	Section 143 amended (Evidence in proceedings)
120	Section 144 amended (Request for review of decisions)
121	Section 148 amended (Giving of notices to EPA)
122	Section 150 amended (Formation of consolidated group)
123	Section 151 amended (Changes to consolidated groups)
124	Section 151A amended (Addition of activities to consolidated groups)
125	Section 152 amended (Nominated entities)
126	Section 153 amended (Effect of being member of consolidated group)
127	Section 154 repealed (Emissions returns by consolidated group in respect of activities in Part 1 of Schedule 4)
128	Section 155 amended (Ceasing to be member of consolidated group)
129	Section 156 replaced (Effect of ceasing to be member of consolidated group)
	156	Effect of ceasing to be member of consolidated group
130	Section 156A amended (Removal of activities from consolidated groups)
131	Section 157 amended (Unincorporated bodies)
132	Section 159 amended (Recovery of costs)
133	Section 160 amended (Review of operation of emissions trading scheme)
134	Section 161 amended (Appointment and conduct of review panel)
135	Section 161A amended (Regulations in relation to eligible industrial activities)
136	Section 161B repealed (Australian eligible industrial activities)
137	Section 161C amended (Other eligible industrial activities)
138	Section 161D amended (Power to require information for purposes of allocation to industry)
139	Section 161E amended (Requirements in respect of notice given under section 161D)
140	Section 161F repealed (Consultation on activities that may be prescribed as eligible industrial activities)
141	Section 161G amended (Regulations in relation to eligible agricultural activities)
142	Section 162 amended (Regulations adding further activity to Part 2 of Schedule 4)
143	Section 163 amended (Regulations relating to methodologies and verifiers)
144	Section 166 replaced (Procedure for regulations relating to methodologies, verification, unique emissions factors, and offsetting)
	166	Consultation and commencement for regulations about methodologies, verifiers, and unique emissions factors
145	Section 167 amended (Regulations relating to fees and charges)
146	Section 168 amended (Other regulations)
147	Section 169 amended (Incorporation by reference in regulations made under section 163, 164, 167, or 168)
148	Section 170 replaced (Effect of amendments to, or replacement of, material incorporated by reference in regulations)
	170	Effect of amendments to, or replacement of, material incorporated by reference in regulations
149	Section 172 replaced (Effect of expiry of material incorporated by reference)
	172	Effect of expiry of material incorporated by reference
150	Section 173 amended (Requirement to consult)
151	Section 174 amended (Public access to material incorporated by reference)
152	Section 175 amended (Application of Legislation Act 2012 to material incorporated by reference)
153	Section 178A amended (Option to pay money instead of surrendering units to cover emissions)
154	Section 178B amended (Issuing New Zealand units to meet surrender obligations)
155	Section 178C replaced (Prohibition on ability to export New Zealand units)
	178C	Fixed price (for option to pay money instead of surrendering, repaying, or reimbursing units)
156	Part 5 divided into Parts 5 to 5D and new Part 5 divided into subparts
157	Section 179A amended (Forest land may not be treated as deforested in certain cases)
158	Section 183 amended (Applications for exemption for land holdings of less than 50 hectares of pre-1990 forest land)
159	Section 183A amended (Certain applications not otherwise permitted by section 183)
160	New section 183B inserted (Applications for exemption for some Maori land or land with 10 or more owners)
	183B	Applications for exemption for some Maori land or land with 10 or more owners
161	Section 184 amended (Exemptions for deforestation of land with tree weeds)
162	Section 186F amended (Regulations relating to offsetting)
163	Section 186H amended (Treatment of allocations in respect of pre-1990 forest land that is offset)
164	Section 187 amended (Conditions on registration as participant in respect of certain activities relating to post-1989 forest land)
165	Section 188 amended (Registration as participant in respect of post-1989 forest land)
166	New sections 188B and 188C inserted
	188B	Notice to forestry participant if their registration added or removed
	188C	Notice to interested party if forestry participant’s registration added or removed
167	Section 189 amended (Emissions returns for post-1989 forest land activities)
168	Section 191 amended (Ceasing to be registered as participant in respect of post-1989 forest land)
169	New section 191A inserted (If participant has never carried out activity in carbon accounting area)
	191A	If participant has never carried out activity in carbon accounting area
170	Section 192 amended (Effect of transmission of interest in post-1989 forest land)
171	Section 193 amended (Emissions returns in relation to transmitted interests)
172	New cross-heading above section 194 inserted
		Information about status of forest land
173	New sections 194A to 194C and cross-headings inserted
		Input returns may be submitted before actual emissions returns
	194A	Input returns may be submitted for certain emissions returns for forestry activities
	194B	EPA may do calculations based on input return
	194C	Regulations for input returns
		Notification of status of forest land
174	Sections 196 and 197 and cross-heading replaced
		Forestry classifications of land
	196	Meaning of forestry classification
	196A	EPA may give forestry classifications to areas of land
	196B	Effect of forestry classifications
	196C	Change of forestry classification to correct error
	196D	Change of forestry classification to update for changes
	196E	Forestry classification with effect before date classification given
	196F	Regulations for forestry classifications
		Grant-funded forests
	197	Entitlement to units for removals from grant-funded forests
	197A	Regulations for grant-funded forests
175	Section 198 amended (Registration as participant by purchasers of obligation fuel)
176	Section 202 amended (Activities added to Part 2 of Schedule 3)
177	Section 209 amended (Registration as participant by purchasers of coal or natural gas)
178	Section 213 amended (Participant in respect of subpart 4 of Part 5 of Schedule 3)
179	New sections 215 and 216 inserted
	215	Ministers to report on alternative pricing system for farm-level agriculture emissions
	216	Regulations for voluntary reporting or surrender for animals–farmer or fertiliser–farmer activity
180	Section 217 amended (Transitional provision for penalties)
181	Section 218 repealed (Transitional provision for voluntary reporting)
182	Sections 219 to 222 replaced
	219	Transitional provision for surrender obligations of certain participants
	220	Commission to report on progress towards meeting farm-level obligations
183	Section 222H amended (Transitional provision for unincorporated bodies)
184	Section 233 amended (Rate of synthetic greenhouse gas levy)
185	Section 234 repealed (Transitional provision for synthetic greenhouse gas levy)
186	Section 236 replaced (Maximum price of carbon for purpose of levy calculation)
	236	Maximum price of carbon for purpose of levy calculation
187	Section 243 amended (Circumstances where levy may be refunded)
188	Section 244 amended (Exemptions from payment of synthetic greenhouse gas levy)
189	Section 245 amended (Regulations specifying levy rates)
190	Section 246 amended (Regulations relating to synthetic greenhouse gas levy)
191	Section 247 repealed (Process for making orders and regulations)
192	Section 249 amended (Application of section 88 (Directions to EPA))
193	Section 252 amended (Enforcement officers)
194	Section 257 amended (Power of entry for investigation, warrants, etc)
195	Section 258 amended (Regulations relating to verifiers)
196	Section 269 amended (Review of operation and effectiveness of levy)
197	Section 270 amended (Appointment and conduct of independent panel)
198	Schedule 1AA amended
199	New Schedule 2A inserted
200	Schedule 3 amended
201	Schedule 4 amended
202	New Schedule 5 inserted
	Subpart 2—Amendments that commence on 30 November 2020
203	Section 30G amended (Regulations relating to Part 2)
204	Section 183A amended (Certain applications not otherwise permitted by section 183)
205	Section 186H amended (Treatment of allocations in respect of pre-1990 forest land that is offset)
206	Section 189 amended (Emissions returns for post-1989 forest land activities)
207	Section 191 amended (Ceasing to be registered as participant in respect of post-1989 forest land)
208	Schedule 1AA amended
	Subpart 3—Amendments that commence on 1 January 2021
209	Section 3A amended (Treaty of Waitangi (Te Tiriti o Waitangi))
210	Section 3B amended (Consultation about certain regulations, orders, and notices)
211	Section 4 amended (Interpretation)
212	New subpart 4 of Part 2 inserted
		Subpart 4—Regulations setting price of carbon
	30W	Regulations setting price of carbon
213	Section 89 amended (EPA to publish certain information)
214	Section 120 amended (Amendment to emissions returns by EPA)
215	New section 120A inserted (Liabilities, penalties, and interest when emissions returns amended)
	120A	Liabilities, penalties, and interest when emissions returns amended
216	Section 123 amended (Effect of amendment or assessment)
217	Section 127 amended (Time bar for amendment of emissions returns)
218	Section 129 amended (Offences in relation to failure to comply with various provisions)
219	Section 132 amended (Other offences)
220	Sections 134 to 136 replaced
	134	Penalty for failing to surrender or repay units by due date
	134A	Penalty for failing to submit emissions return by due date
	134B	Penalty for failing to submit annual or closing allocation adjustment by due date
	134C	Penalty for submitting incorrect emissions return
	134D	Penalty for providing incorrect information in allocation application or adjustment
	135	Date for payment of penalty
	135A	Deferred payment arrangements for payments of penalties
	136	Penalties are debt due to Crown
221	Section 137 amended (Interest for late payment)
222	Section 138 amended (Obligation to pay penalty not suspended by appeal)
223	Section 138A replaced (Penalties to be paid into Crown account)
	138A	Penalties to be paid into Crown account
224	Section 159 amended (Recovery of costs)
225	Section 179 amended (Forest land to be treated as deforested in certain cases)
226	Section 181 amended (When deforestation to be treated as occurring in respect of pre-1990 forest land)
227	Section 189 amended (Emissions returns for post-1989 forest land activities)
228	Section 192 amended (Effect of transmission of interest in post-1989 forest land)
229	Section 217 amended (Transitional provision for penalties)
230	Section 233 amended (Rate of synthetic greenhouse gas levy)
231	Section 236 amended (Maximum price of carbon for purpose of levy calculation)
232	Schedule 1AA amended
	Subpart 4—Amendments that commence on 1 January 2023
233	Section 3A amended (Treaty of Waitangi (Te Tiriti o Waitangi))
234	Section 3B amended (Consultation about certain regulations, orders, and notices)
235	Section 4 amended (Interpretation)
236	Section 54 amended (Participants)
237	Section 56 amended (Registration as participant in respect of activities listed in Schedule 3)
238	Section 57 amended (Applicant to be registered as participant in respect of activities listed in Schedule 4)
239	Section 58 amended (Removal from register of participants in respect of activities listed in Schedule 4)
240	New section 59AA inserted (Removal from register for persistent non-compliance (standard forestry participants only))
	59AA	Removal from register for persistent non-compliance (standard forestry participants only)
241	Section 60A amended (Exemption for participants in activity listed in Part 1 of Schedule 4)
242	Section 62 amended (Monitoring of emissions and removals)
243	Section 63 amended (Liability to surrender units to cover emissions)
244	Section 64 amended (Entitlement to receive New Zealand units for removal activities)
245	Section 65 amended (Annual emissions returns)
246	Section 67 amended (Retention of emissions records)
247	Section 89 amended (EPA to publish certain information)
248	Section 91 amended (Approval of unique emissions factors)
249	Section 92 amended (Recognition of verifiers)
250	Section 107 amended (Applications for emissions rulings)
251	Section 109 amended (Making of emissions rulings)
252	Section 118 amended (Submission of final emissions returns)
253	Section 127 amended (Time bar for amendment of emissions returns)
254	New section 128A and cross-heading inserted
		Notices required from participants
	128A	EPA may act if participant fails to give notice
255	Section 129 amended (Offences in relation to failure to comply with various provisions)
256	Section 134A amended (Penalty for failing to submit emissions return by due date)
257	Section 134C amended (Penalty for submitting incorrect emissions return)
258	Section 135A amended (Deferred payment arrangements for payments of penalties)
259	Section 136 amended (Penalties are debt due to Crown)
260	Section 137 amended (Interest for late payment)
261	Section 138 amended (Obligation to pay penalty not suspended by appeal)
262	Section 138A amended (Penalties to be paid into Crown account)
263	Section 153 amended (Effect of being member of consolidated group)
264	Section 157A amended (Changes to unincorporated bodies that are participants)
265	Section 159 amended (Recovery of costs)
266	Section 163 amended (Regulations relating to methodologies and verifiers)
267	Section 167 amended (Regulations relating to fees and charges)
268	Section 168 amended (Other regulations)
269	Section 169 amended (Incorporation by reference in certain regulations)
270	Section 178A amended (Option to pay money instead of surrendering, repaying, or reimbursing units)
271	Section 178C amended (Fixed price (for option to pay money instead of surrendering, repaying, or reimbursing units))
272	Part 5 replaced
		Part 5 Sector-specific provisions: forestry
		Subpart 1—Deforestation
	179	Forest land to be treated as deforested in certain cases
	179A	Forest land may not be treated as deforested in certain cases
		Subpart 2—Pre-1990 forest land
	180	Participant in respect of pre-1990 forest land
	180A	When deforestation to be treated as occurring in respect of pre-1990 forest land
	180B	Applications for exemption for land holdings of less than 50 hectares of pre-1990 forest land
	180C	Certain applications not otherwise permitted by section 180B
	180D	Applications for exemption for some Maori land or land with 10 or more owners
	180E	Exemptions for deforestation of land with tree weeds
	180F	Effect of exemption
	180G	Regulations about exemptions for deforestation of land with tree weeds
	180H	Methodology for pre-1990 forest land cleared in 8 years or less
		Subpart 3—P90 offsetting land
	181	Interpretation
		P90 offset application
	181A	Application to offset land for pre-1990 forest land
	181B	Criteria for P90 offset application
	181C	Effect of approval of P90 offset application
	181D	Effect of P90 offset application being declined
		Liability to surrender allocation
	181E	Allocations for pre-1990 forest land to be surrendered when application approved
		Offsetting on P90 offset date
	181F	P90 offset release criteria
	181G	P90 release criteria notice
	181H	Application to add area 2 (approved) land
	181I	Criteria for adding area 2 (approved) land
	181J	Effect of approval of application to add area 2 (approved) land
	181K	Effect of application to add area 2 (approved) land being declined
	181L	Land that must be identified as area 1 (not offset) land
	181M	Extension of time to add area 2 (approved) land
	181N	Effect on P90 offset date
	181O	Reimbursement of surrendered allocation
		P90 offsetting land
	181P	Participant in respect of P90 offsetting land
	181Q	Clearing or deforestation before required equivalence date
	181R	Clearing before required equivalence date
	181S	Deforestation before required equivalence date
	181T	P90 offsetting land becomes pre-1990 forest land
		Administrative matters
	181U	P90 offsetting land register
	181V	EPA to give information on request
	181W	Regulations for P90 offsetting
		Subpart 4—Post-1989 forest land (standard and permanent forestry)
	182	Standard and permanent forestry on post-1989 forest land
	182A	Conditions on registration as participant in certain activities of standard or permanent forestry in respect of post-1989 forest land
	182B	EPA to give public notice of criteria for assessing risk of tree weed spread
	182C	Registration as participant in standard or permanent forestry
	182D	Notice to forestry participant if their registration added or removed
	182E	Notice to interested party if forestry participant’s registration added or removed
	182F	Removing registration as participant in standard or permanent forestry
	182G	Removing registration as participant in standard or permanent forestry in certain natural events or clearance for forest management
		Provisional and final forestry emissions returns
	183	Provisional forestry emissions return in any year
	183A	Final forestry emissions return at end of mandatory emissions return period
	183B	Preparing provisional or final forestry emissions return
		Calculations for provisional and final forestry emissions returns
	184	Gross liability or entitlement for each CAA1 in emissions return
	184A	Net liability or entitlement for each CAA1 in final forestry emissions return
	184B	Unit balance calculation for each CAA1 in emissions return
	184C	Total liability or entitlement for all CAA1s in emissions return
		Total liability or entitlement and unit balance has effect for all emissions returns
	184D	Total liability or entitlement has effect, and unit balance updated, when emissions return submitted
		New unit balance report for certain applications or notices
	185	New unit balance report
		Maximum liability is unit balance of carbon accounting area
	185A	Maximum liability is unit balance of carbon accounting area
		Ceasing participation in standard or permanent forestry
	186	Ceasing participation for whole carbon accounting areas
	186A	Effect of ceasing participation for whole carbon accounting areas
	186B	Ceasing participation for part carbon accounting areas
	186C	Effect of ceasing participation for part carbon accounting areas
	186D	If participant has never carried out activity in carbon accounting area
		Transmission of interest relating to standard or permanent forestry
	187	Transmission of interest in post-1989 forest land
	187A	Effect of transmission of interest in post-1989 forest land
		Non-compliance for transmitted interests
	187B	EPA may act if person fails to give notice of transmitted interest
	187C	How EPA may act
	187D	EPA may attribute liability and entitlement to final transferee after earlier non-compliant transmission
		Application to reconfigure carbon accounting areas for standard or permanent forestry
	188	Application to reconfigure carbon accounting areas for standard or permanent forestry
	188A	Criteria to reconfigure carbon accounting areas for standard or permanent forestry
	188B	Approval of application to reconfigure carbon accounting areas for standard or permanent forestry
	188C	Restriction start date of reconfigured carbon accounting area for permanent forestry
		Application to change activity on post-1989 forest land
	189	Application to change activity on post-1989 forest land
	189A	Criteria to change activity on post-1989 forest land
	189B	Approval of application to change activity on post-1989 forest land
	189C	Emissions return for application to change from PFSI activity
	189D	New unit balance reports for application to change from PFSI activity
	189E	Liability to surrender units on transfer from PFSI activity to standard forestry in carbon accounting area (averaging)
	189F	Liability to surrender units on transfer from permanent forestry to standard forestry in carbon accounting area (averaging)
	189G	Liability to surrender units on transfer from standard forestry in carbon accounting area (averaging) to permanent forestry
		Restrictions for permanent forestry land
	190	Permanent forestry period for land
	190A	Restriction on ceasing to be registered for permanent forestry
	190B	Minister may approve removal of land from permanent forestry
	190C	Exception from prohibition on clear-felling and deforestation
	190D	Permanent forestry land must not be clear-felled
	190E	Pecuniary penalty for clear-felling of permanent forestry land
	190F	Regulations for pecuniary penalty for clear-felling
	190G	Permanent forestry land must not be deforested
	190H	Pecuniary penalty for deforestation of permanent forestry land
	190I	Due dates for payment of penalties and recovery of EPA’s costs
	190J	Option must be chosen at end of permanent forestry period
	190K	Removal of carbon accounting area from permanent forestry
		Subpart 5—Averaging accounting methodology
	191	Interpretation
	191A	Overview of averaging accounting methodology
	191B	Averaging accounting applies to carbon accounting areas (averaging)
	191C	First rotation forest and subsequent rotation forest
	191D	Carbon stock measures for land
	191E	Entitlement to receive units
	191F	Liability to surrender units
	191G	Calculating and reporting emissions and removals
	191H	Restriction on reconfiguration
	191I	Regulations for averaging
		Subpart 6—P89 offsetting
	192	Interpretation
		P89 offset applications
	192A	Application to offset land for land in carbon accounting area (averaging)
	192B	Criteria for P89 offset application
	192C	Effect of approval of P89 offset application
		P89 offsetting (approved) land
	192D	Duration of P89 offsetting (approved) land status
	192E	Effect of being P89 offsetting (approved) land
	192F	Subsequent rotation forest
	192G	Reconfiguration restrictions
	192H	No transfers to permanent forestry
		Offsetting on P89 offset date
	192I	P89 offset release criteria
	192J	P89 release criteria notice
	192K	Liability to surrender units if P89 offset release criteria not met
	192L	Maximum liability and apportionment
	192M	P89 offset date unit balance report
	192N	Effect on P89 offset date
		Action if criteria for initial P89 offset application not met
	192O	EPA may take action if original criteria not met
	192P	Effect of declaration after P89 offset date
	192Q	Remedial action: land substitution
	192R	Criteria for land substitution
	192S	Effect of approval of land substitution
	192T	Effect of application to substitute land being declined
		Regulations
	192U	Regulations for P89 offsetting
		Subpart 7—Temporary adverse events
	193	Interpretation for this subpart
		Application
	193A	Application for temporary adverse event suspension
	193B	Criteria of temporary adverse event suspension
	193C	Approval of temporary adverse event suspension
		Temporary adverse event land
	193D	Duration of temporary adverse event land status
	193E	Effect of being temporary adverse event land
	193F	No liability or entitlement
	193G	First rotation forest
	193H	Reconfiguration restrictions
	193I	Damage to land turns out to be permanent
		Re-establishment
	193J	Re-establishment criteria
	193K	Notice of achievement of re-establishment
	193L	Effect on re-establishment date
		Carbon recovery
	193M	Carbon recovery criteria
	193N	Notice when land achieves carbon recovery
		Ceasing to be temporary adverse event land before recovery
	193O	Cancellation for breach of conditions
	193P	Other circumstances causing land to cease to be temporary adverse event land
	193Q	Consequences if land ceases to be temporary adverse event land
		Regulations
	193R	Regulations for temporary adverse events
		Subpart 8—General
		Input returns may be submitted before actual emissions returns
	194	Input returns may be submitted for certain emissions returns for forestry activities
	194A	EPA may do calculations based on input return
	194B	Regulations for input returns
		Notification of status of forest land
	195	Notification of status of forest land
		Information about status of forest land
	195A	Information about status of forest land
		Forestry classifications of land
	196	Meaning of forestry classification
	196A	EPA may give forestry classifications to areas of land
	196B	Effect of forestry classifications
	196C	Change of forestry classification to correct error
	196D	Change of forestry classification to update for changes
	196E	Forestry classification with effect before date classification given
	196F	Regulations for forestry classifications
		Grant-funded forests
	197	Entitlement to units for removals from grant-funded forests
	197A	Regulations for grant-funded forests
273	Part 6 heading repealed
274	Schedule 1AA amended
275	Schedule 3 amended
276	Schedule 4 amended
	Subpart 5—Amendments that commence on 1 January 2024
277	Schedule 4 amended
	Part 2 Consequential amendments to other enactments
	Subpart 1—Consequential amendments that commence on day after Royal assent
278	Climate Change (Fishing Allocation Plan) Order 2010 revoked
279	Consequential amendments
	Subpart 2—Consequential amendments that commence on 30 November 2020
280	Consequential amendments
	Subpart 3—Consequential amendments that commence on 1 January 2023
281	Consequential amendments
	Subpart 4—Revocation and consequential amendments that commence on 1 January 2024
282	Forests (Permanent Forest Sink) Regulations 2007 revoked
283	Consequential amendments
	Schedule 1 New Schedule 2A inserted
	Schedule 2 New Schedule 5 inserted
	Schedule 3 Consequential amendments that commence on day after Royal assent
	Schedule 4 Consequential amendments that commence on 30 November 2020
	Schedule 5 Consequential amendments that commence on 1 January 2023
	Schedule 6 Consequential amendments that commence on 1 January 2024
	Schedule 7 New Schedule 1AA inserted in Forests Act 1949
	Legislative history
	Administrative information

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Climate Change Response (Emissions Trading Reform) Amendment Act 2020

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