Climate Change Response (Moderated Emissions Trading) Amendment Bill

37 New sections 157 and 157A substituted

• Section 157 is repealed and the following sections are substituted:

  “157 Joint activities

  • “(1) This section applies where and to the extent that any 2 or more persons jointly carry out an activity listed in Schedule 3 or 4, including (but not limited to) in partnership, under an unincorporated joint venture, as trustees of a trust, through joint ownership of land, or under an unincorporated association.

    “(2) If this section applies,—

    • “(a) the persons who carry out the activity are to be treated for the purposes of this Act as members of an unincorporated body; and

    • “(b) the unincorporated body is to be treated as the person carrying out the activity; and

    • “(c) the members of the unincorporated body—

      • “(i) are not liable to, and may not, be registered as a participant under section 56 in respect of the activity; and

      • “(ii) may not be registered as a participant under section 57 in respect of the activity; and

    • “(d) the unincorporated body—

      • “(i) must notify the chief executive that it is the participant under section 56 in respect of the activity (if the activity is an activity listed in Schedule 3); and

      • “(ii) may apply to be registered as the participant under section 57 in respect of the activity (if the activity is an activity listed in Schedule 4); and

      • “(iii) must, when notifying the chief executive or applying to the chief executive to be registered, provide—

        • “(A) the names and contact details of the members of the unincorporated body; and

        • “(B) the name and contact details of the person to whom notices are to be given under this Act; and

        • “(C) a name for the unincorporated body that will be entered on the register of participants and be kept for the purposes of sections 56 and 57; and

    • “(e) the chief executive must, for the purpose of section 56(3) or 57(5) (as applicable), enter the name of the unincorporated body on the register kept for the purpose of section 56 or 57 (as applicable); and

    • “(f) following entry of the name of the unincorporated body on the register, the unincorporated body is to be treated as the participant in respect of the activity for the purposes of this Act; and

    • “(g) subject to subsections (3) to (5), any change of members of the unincorporated body has no effect for the purposes of this Act.

    “(3) Each person who is or has ceased to be a member of an unincorporated body is, in respect of the period during which the person is or was a member of the unincorporated body,—

    • “(a) jointly and severally liable for the obligations of the unincorporated body as a participant in respect of the activity; and

    • “(b) jointly entitled to the benefits of the unincorporated body as a participant in respect of the activity.

    “(4) If this Act requires any thing to be done by or on behalf of a participant that is an unincorporated body,—

    • “(a) it is the joint and several liability of all the members of the unincorporated body to do the thing; and

    • “(b) any such thing done by 1 member of the unincorporated body is sufficient compliance with the requirement.

    “(5) For the purposes of this section,—

    • “(a) if a person joins an existing unincorporated body, the person's membership of the unincorporated body begins on the date the person starts carrying out the activity jointly with the other members, as specified in the notice under section 157A; and

    • “(b) a member of an unincorporated body ceases to be a member of the unincorporated body from the date the person ceases to carry out the activity jointly with the other members, as specified in the notice under section 157A.

    “(6) A notice that is addressed to an unincorporated body and given in accordance with this Act to the person nominated by the unincorporated body in its notice or application under subsection (2)(d)(iii) or (if relevant) under section 157A(2)(a) is to be treated as notice given to that unincorporated body and all members of the unincorporated body.

    “(7) In this section and section 157A,—

    “member means a partner, joint venturer, trustee, joint owner of land, or other member of an unincorporated body (as applicable in the circumstances)

    “unincorporated body includes (but is not limited to) a partnership, an unincorporated joint venture, a trust, joint owners of land, or an unincorporated association (as applicable in the circumstances).

  “157A Changes to unincorporated bodies

  • “(1) This section applies if a member of an unincorporated body joins or leaves an unincorporated body that is registered as a participant or the name and contact details of the person to whom notices are to be given changes.

    “(2) If this section applies,—

    • “(a) the unincorporated body must give notice as follows:

      • “(i) within 20 working days of a person joining or leaving the unincorporated body, give the chief executive notice of—

        • “(A) the name and contact details of the person joining or leaving; and

        • “(B) the date upon which the person started or ceased carrying out the activity jointly with the other members (as applicable); and

      • “(ii) within 20 working days of a change in the name and contact details of the person to whom notices are to be given, give the chief executive notice of that matter; and

    • “(b) the chief executive must, as soon as practicable after receiving the notice,—

      • “(i) amend the chief executive’s records to reflect the change in membership of the unincorporated body or of the change in the name and contact details; and

      • “(ii) notify the Registrar of the change in membership of the unincorporated body or of the change in the name and contact details; and

      • “(iii) notify the unincorporated body of the amendment to the chief executive’s records and the notification to the Registrar.

    “(3) A notice given under subsection (2) must—

    • “(a) be in the prescribed form; and

    • “(b) contain any other information the chief executive may require; and

    • “(c) be accompanied by the prescribed fee (if any).”