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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
Contents
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
The Parliament of New Zealand enacts as follows: