Climate Change (Other Removal Activities) Regulations 2009

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Version as at 1 January 2023

Climate Change (Other Removal Activities) Regulations 2009

(SR 2009/284)

Rt Hon Sir Peter Blanchard, Administrator of the Government

Order in Council

At Wellington this 28th day of September 2009

Present:
His Excellency the Administrator of the Government in Council

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

These regulations are administered by the Ministry for the Environment.

Pursuant to sections 163 and 168 of the Climate Change Response Act 2002, His Excellency the Administrator of the Government, acting on the advice and with the consent of the Executive Council and on the recommendation of the Minister for Climate Change Issues, makes the following regulations.

1	Title
2	Commencement
3	Interpretation
3AA	Transitional, savings, and related provisions
3A	Chief executive may issue guidelines or standards
	Part 1 Embedding activities
	Thresholds for embedding activities
4	Thresholds for certain embedding activities
	Production of methanol
5	Application of regulations 6 and 7
6	Collection of information for purpose of calculating removals from producing methanol
7	Method of calculating removals from producing methanol
	Exporting LPG
7A	Application of regulations 7B and 7C
7B	Collection of information for purpose of calculating removals from exporting LPG
7C	Method of calculating removals from exporting LPG
	Production of liquid carbon dioxide for export
7D	Application of regulations 7E and 7F
7E	Collection of information for purpose of calculating removals from producing liquid carbon dioxide for export
7F	Method of calculating removals by exporting liquid carbon dioxide
	Exporting natural gasoline [Revoked]
7D	Application of regulations 7E and 7F [Revoked]
7E	Collection of information for purpose of calculating removals from exporting natural gasoline [Revoked]
7F	Method of calculating removals by exporting natural gasoline [Revoked]
	Part 2 Synthetic greenhouse gas activities
	Threshold for exporting synthetic greenhouse gases activity
8	Threshold for exporting synthetic greenhouse gases activity
	Exporting synthetic greenhouse gases activity
9	Application of regulations 10 to 16B
9A	Collection of information in relation to synthetic greenhouse gases for period in calendar year 2013
10	Collection of information for calculating removals from exporting synthetic greenhouse gases
11	Collection of information for calculating removals from exporting bulk synthetic greenhouse gases
12	Method of calculating removals from exporting bulk synthetic greenhouse gases
13	Collection of information for purpose of calculating removals from exporting synthetic greenhouse gases in pre-charged equipment
14	Method of calculating removals from exporting synthetic greenhouse gases in pre-charged equipment
15	Collection of information for purpose of calculating removals from exporting synthetic greenhouse gases in motor vehicles
16	Method of calculating removals from exporting synthetic greenhouse gases in motor vehicles
16A	Collection of information for purpose of calculating removals from exporting polyol containing hydrofluorocarbons
16B	Method of calculating removals from exporting polyol that contains hydrofluorocarbons
	Threshold for destroying synthetic greenhouse gases
17	Threshold for destroying synthetic greenhouse gases
	Destroying synthetic greenhouse gases
18	Application of regulations 19 and 20
19	Collection of information for purpose of calculating removals from destroying synthetic greenhouse gases
20	Method of calculating removals from destroying synthetic greenhouse gases
	Determination of GWP
21	Determination of GWP figure for class of synthetic greenhouse gas
	Criteria for registering as participant in relation to hydrofluorocarbons and perfluorocarbons removal activity [Revoked]
22	Criteria for registering as participant in relation to hydrofluorocarbon and perfluorocarbon removal activity [Revoked]
	Schedule 1AA Transitional, savings, and related provisions
	Schedule 1 Figures for synthetic greenhouse gases
	Gazette Information
	Notes

Regulations

1 Title

These regulations are the Climate Change (Other Removal Activities) Regulations 2009.

2 Commencement

These regulations come into force on 1 January 2010.

3 Interpretation

(1)

In these regulations, unless the context otherwise requires,—

Act means the Climate Change Response Act 2002

ASHRAE designation means the designation of a refrigerant mix from Standard 34-2007 Designation and Safety Classification of Refrigerants, published in 2007 by the American National Standards Institute/American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc

category, in relation to a motor vehicle, means a category of motor vehicle listed in table 3 of Schedule 1

class, in relation to synthetic greenhouse gases, means—

(a)

a refrigerant gas or mix described by reference to its ASHRAE designation and listed in the first column of table 2 of Schedule 1; or

(b)

any other mix of constituents that—

(i)

is not listed in the first column of table 2 of Schedule 1; but

(ii)

contains a synthetic greenhouse gas listed in the first column of table 1 of Schedule 1; or

(c)

if it is not mixed with other constituents, any single synthetic greenhouse gas listed in the first column of table 1 of Schedule 1

customs point means the point where goods are entered for export under section 89 of the Customs and Excise Act 2018

destroying synthetic greenhouse gases activity means the activity in subpart 3 of Part 2 of Schedule 4 of the Act of destroying hydrofluorocarbons or perfluorocarbons where any prescribed threshold is met

destruction efficiency factor means the percentage of a class of synthetic greenhouse gas that is destroyed and not emitted when submitted to destruction equipment

embedding activity means the activity listed in subpart 1 of Part 2 of Schedule 4 of the Act

excluded goods means goods referred to in regulation 8(2)

excluded motor vehicle removals means 100 tonnes of removals from exporting motor vehicles with hydrofluorocarbons or perfluorocarbons contained in any refrigeration, air conditioning, or other system integrated into or powered by the motor vehicles in the year, as calculated in accordance with regulation 16(1) to (3)

exporting synthetic greenhouse gases activity means the activity in subpart 3 of Part 2 of Schedule 4 of the Act of exporting hydrofluorocarbons, perfluorocarbons, including hydrofluorocarbons or perfluorocarbons contained in goods, where any prescribed threshold is met

GWP means global warming potential

in New Zealand temporarily, in relation to goods, means goods whose presence in New Zealand does not exceed a continuous period of 180 days

LPG means liquefied petroleum gas

motor vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998

passing through New Zealand, in relation to an aircraft or a ship, means an aircraft or a ship—

(a)

on a journey from a foreign port to a foreign port; and

(b)

whose presence in New Zealand does not exceed a continuous period of 180 days, whether or not the aircraft or ship is engaged in moving passengers or cargo between ports in New Zealand during that period

pre-charged equipment—

(a)

means any refrigeration or air conditioning equipment or other goods—

(i)

that contain a synthetic greenhouse gas; and

(ii)

in which a synthetic greenhouse gas assists the functionality; and

(b)

includes any aircraft or ship in which a synthetic greenhouse gas is contained in any refrigeration, air conditioning, or other system integrated into or powered by the aircraft or ship; but

(c)

does not include a motor vehicle in which a synthetic greenhouse gas is contained in any refrigeration, air conditioning, or other system integrated into or powered by the motor vehicle

synthetic greenhouse gas means—

(a)

any hydrofluorocarbon (HFC); or

(b)

any perfluorocarbon (PFC)

(c)

[Revoked]

synthetic greenhouse gas charge, in relation to pre-charged equipment or motor vehicles, means the amount of synthetic greenhouse gas contained in the equipment or motor vehicles

type, in relation to pre-charged equipment or a motor vehicle, means a model or type of pre-charged equipment or motor vehicle that has the same characteristics, including but not limited to the amount and composition of synthetic greenhouse gases it contains

(2)

In a formula used in these regulations, the symbol Σ means the summation of the calculated amounts that follow the symbol.

Regulation 3(1) ASHRAE designation: inserted, on 1 January 2011, by regulation 4(1) of the Climate Change (Other Removal Activities) Amendment Regulations 2010 (SR 2010/336).

Regulation 3(1) category: inserted, on 1 January 2011, by regulation 4(1) of the Climate Change (Other Removal Activities) Amendment Regulations 2010 (SR 2010/336).

Regulation 3(1) category: amended, on 21 September 2017, by regulation 4 of the Climate Change (Other Removal Activities) Amendment Regulations 2017 (LI 2017/247).

Regulation 3(1) chief executive: revoked, on 28 October 2021, by regulation 76 of the Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021 (LI 2021/248).

Regulation 3(1) class: inserted, on 1 January 2011, by regulation 4(1) of the Climate Change (Other Removal Activities) Amendment Regulations 2010 (SR 2010/336).

Regulation 3(1) class paragraph (a): amended, on 21 September 2017, by regulation 4 of the Climate Change (Other Removal Activities) Amendment Regulations 2017 (LI 2017/247).

Regulation 3(1) class paragraph (b)(i): amended, on 21 September 2017, by regulation 4 of the Climate Change (Other Removal Activities) Amendment Regulations 2017 (LI 2017/247).

Regulation 3(1) class paragraph (b)(ii): amended, on 21 September 2017, by regulation 4 of the Climate Change (Other Removal Activities) Amendment Regulations 2017 (LI 2017/247).

Regulation 3(1) class paragraph (c): amended, on 21 September 2017, by regulation 4 of the Climate Change (Other Removal Activities) Amendment Regulations 2017 (LI 2017/247).

Regulation 3(1) customs point: inserted, on 1 January 2011, by regulation 4(1) of the Climate Change (Other Removal Activities) Amendment Regulations 2010 (SR 2010/336).

Regulation 3(1) customs point: amended, on 1 October 2018, by section 443(4) of the Customs and Excise Act 2018 (2018 No 4).

Regulation 3(1) destroying synthetic greenhouse gases activity: inserted, on 1 January 2011, by regulation 4(1) of the Climate Change (Other Removal Activities) Amendment Regulations 2010 (SR 2010/336).

Regulation 3(1) destroying synthetic greenhouse gases activity: amended, on 1 January 2013, by section 103 of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).

Regulation 3(1) destruction efficiency factor: inserted, on 1 January 2011, by regulation 4(1) of the Climate Change (Other Removal Activities) Amendment Regulations 2010 (SR 2010/336).

Regulation 3(1) excluded goods: added, on 1 January 2011, by regulation 4(1) of the Climate Change (Other Removal Activities) Amendment Regulations 2010 (SR 2010/336).

Regulation 3(1) excluded motor vehicle removals: added, on 1 January 2011, by regulation 4(1) of the Climate Change (Other Removal Activities) Amendment Regulations 2010 (SR 2010/336).

Regulation 3(1) exporting synthetic greenhouse gases activity: added, on 1 January 2011, by regulation 4(1) of the Climate Change (Other Removal Activities) Amendment Regulations 2010 (SR 2010/336).

Regulation 3(1) exporting synthetic greenhouse gases activity: amended, on 1 January 2013, by section 103 of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).

Regulation 3(1) GWP: added, on 1 January 2011, by regulation 4(1) of the Climate Change (Other Removal Activities) Amendment Regulations 2010 (SR 2010/336).

Regulation 3(1) in New Zealand temporarily: added, on 1 January 2011, by regulation 4(1) of the Climate Change (Other Removal Activities) Amendment Regulations 2010 (SR 2010/336).

Regulation 3(1) LPG: inserted (with effect on 1 January 2011), on 1 February 2012, by regulation 5 of the Climate Change (Other Removal Activities) Amendment Regulations 2011 (SR 2011/363).

Regulation 3(1) motor vehicle: added, on 1 January 2011, by regulation 4(1) of the Climate Change (Other Removal Activities) Amendment Regulations 2010 (SR 2010/336).

Regulation 3(1) passing through New Zealand: added, on 1 January 2011, by regulation 4(1) of the Climate Change (Other Removal Activities) Amendment Regulations 2010 (SR 2010/336).

Regulation 3(1) pre-charged equipment: added, on 1 January 2011, by regulation 4(1) of the Climate Change (Other Removal Activities) Amendment Regulations 2010 (SR 2010/336).

Regulation 3(1) synthetic greenhouse gas: added, on 1 January 2011, by regulation 4(1) of the Climate Change (Other Removal Activities) Amendment Regulations 2010 (SR 2010/336).

Regulation 3(1) synthetic greenhouse gas paragraph (b): amended, on 1 January 2013, by section 103 of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).

Regulation 3(1) synthetic greenhouse gas paragraph (c): revoked, on 1 January 2013, by section 103 of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).

Regulation 3(1) synthetic greenhouse gas charge: added, on 1 January 2011, by regulation 4(1) of the Climate Change (Other Removal Activities) Amendment Regulations 2010 (SR 2010/336).

Regulation 3(1) type: added, on 1 January 2011, by regulation 4(1) of the Climate Change (Other Removal Activities) Amendment Regulations 2010 (SR 2010/336).

Regulation 3(2): added, on 1 January 2011, by regulation 4(2) of the Climate Change (Other Removal Activities) Amendment Regulations 2010 (SR 2010/336).

3AA Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.

Regulation 3AA: inserted, on 21 September 2017, by regulation 5 of the Climate Change (Other Removal Activities) Amendment Regulations 2017 (LI 2017/247).

3A Chief executive may issue guidelines or standards

(1)

The chief executive may issue guidelines or standards in relation to the information required to be collected by these regulations.

(2)

The chief executive may amend or revoke a guideline or standard.

(3)

A participant who complies with a guideline or standard that is issued under this regulation, and is in force, is to be treated as complying with the requirements of these regulations to which the guideline or standard relates.

(4)

Guidelines or standards issued under this regulation are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Legislation Act 2019 requirements for secondary legislation made under this regulation
Publication	The maker must publish it in the Gazette	LA19 ss 73, 74(1)(a), Sch 1 cl 14
Presentation	It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 of the Legislation Act 2019	LA19 s 114, Sch 1 cl 32(1)(a)
Disallowance	It may be disallowed by the House of Representatives	LA19 ss 115, 116
This note is not part of the secondary legislation.

Regulation 3A: inserted, on 1 January 2011, by regulation 5 of the Climate Change (Other Removal Activities) Amendment Regulations 2010 (SR 2010/336).

Regulation 3A(1): amended, on 28 October 2021, by regulation 77(1) of the Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021 (LI 2021/248).

Regulation 3A(2): amended, on 28 October 2021, by regulation 77(1) of the Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021 (LI 2021/248).

Regulation 3A(4): inserted, on 28 October 2021, by regulation 77(2) of the Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021 (LI 2021/248).

Part 1 Embedding activities

Part 1 heading: inserted, on 21 September 2017, by regulation 6 of the Climate Change (Other Removal Activities) Amendment Regulations 2017 (LI 2017/247).

Thresholds for embedding activities

Heading: replaced (with effect on 1 January 2011), on 1 February 2012, by regulation 6 of the Climate Change (Other Removal Activities) Amendment Regulations 2011 (SR 2011/363).

4 Thresholds for certain embedding activities

The threshold for the embedding activity of—

(a)

producing methanol is that the embedding of methanol results in at least 5 000 tonnes of removals in a year:

(b)

exporting LPG is that the embedding of LPG results in at least 300 tonnes of removals in a year.

Regulation 4: replaced (with effect on 1 January 2011), on 1 February 2012, by regulation 6 of the Climate Change (Other Removal Activities) Amendment Regulations 2011 (SR 2011/363).

Regulation 4 heading: amended, on 1 January 2018, by regulation 7 of the Climate Change (Other Removal Activities) Amendment Regulations 2017 (LI 2017/247).

Production of methanol

5 Application of regulations 6 and 7

A person must comply with regulations 6 and 7 if—

(a)

the person, in any year, is a participant under section 54(1)(b) of the Act in relation to an embedding activity; and

(b)

the embedding activity carried out by the person is producing methanol.

Regulation 5(a): amended (with effect on 1 January 2011), on 1 February 2012, by regulation 7 of the Climate Change (Other Removal Activities) Amendment Regulations 2011 (SR 2011/363).

6 Collection of information for purpose of calculating removals from producing methanol

Information must be collected about—

(a)

the total number of tonnes of methanol produced by the person in the year; and

(b)

if the person wishes to submit a return for a period other than a year under section 66 of the Act, the total number of tonnes of methanol produced by the person in the other period.

7 Method of calculating removals from producing methanol

Removals in relation to methanol produced by the person in the year or other period covered by an emissions return must be calculated in accordance with the following formula:

R = A × 1.375

where—

A: is the total number of tonnes of methanol produced by the person in the year or other period covered by the emissions return, as recorded under regulation 6(a) or (b)
R: is the removals in tonnes from the production of methanol for the year or other period covered by the emissions return.

Exporting LPG

Heading: inserted (with effect on 1 January 2011), on 1 February 2012, by regulation 8 of the Climate Change (Other Removal Activities) Amendment Regulations 2011 (SR 2011/363).

7A Application of regulations 7B and 7C

A person must comply with regulations 7B and 7C if—

(a)

the person, in any year, is a participant under section 54(1)(b) of the Act in relation to an embedding activity; and

(b)

the embedding activity carried out by the person is exporting LPG; and

(c)

the LPG is included in any information that a person is required to collect and record under regulation 16 of the Climate Change (Stationary Energy and Industrial Processes) Regulations 2009.

Regulation 7A: inserted (with effect on 1 January 2011), on 1 February 2012, by regulation 8 of the Climate Change (Other Removal Activities) Amendment Regulations 2011 (SR 2011/363).

7B Collection of information for purpose of calculating removals from exporting LPG

Information must be collected about—

(a)

the total number of tonnes of LPG exported by the person in the year; and

(b)

if the person wishes to submit a return for a period other than a year under section 66 of the Act, the total number of tonnes of LPG exported by the person in the other period.

Regulation 7B: inserted (with effect on 1 January 2011), on 1 February 2012, by regulation 8 of the Climate Change (Other Removal Activities) Amendment Regulations 2011 (SR 2011/363).

7C Method of calculating removals from exporting LPG

Removals in relation to LPG exported by the person in the year or other period covered by an emissions return must be calculated in accordance with the following formula:

R = A × 3.003

where—

A: is the total number of tonnes of LPG exported by the person in the year or other period covered by the emissions return, as recorded under regulation 7B
R: is the removals in tonnes from the exportation of LPG for the year or other period covered by the emissions return.

Regulation 7C: inserted (with effect on 1 January 2011), on 1 February 2012, by regulation 8 of the Climate Change (Other Removal Activities) Amendment Regulations 2011 (SR 2011/363).

Regulation 7C heading: amended, on 21 September 2017, by regulation 8 of the Climate Change (Other Removal Activities) Amendment Regulations 2017 (LI 2017/247).

Production of liquid carbon dioxide for export

Heading: inserted, on 1 January 2019, by regulation 5 of the Climate Change (Emissions Trading Scheme) Amendment Regulations 2018 (LI 2018/185).

7D Application of regulations 7E and 7F

A person must comply with regulations 7E and 7F if—

(a)

the person, in any year, is a participant under section 54(1)(b) of the Act in relation to an embedding activity; and

(b)

the embedding activity carried out by the person is producing liquid carbon dioxide that is exported.

Regulation 7D: inserted, on 1 January 2019, by regulation 5 of the Climate Change (Emissions Trading Scheme) Amendment Regulations 2018 (LI 2018/185).

7E Collection of information for purpose of calculating removals from producing liquid carbon dioxide for export

Information must be collected about—

(a)

the total number of tonnes of liquid carbon dioxide exported in that year that was produced by the person; and

(b)

if the person wishes to submit a return for a period other than a year under section 66 of the Act, the total number of tonnes of liquid carbon dioxide exported in the other period that was produced by the person.

Regulation 7E: inserted, on 1 January 2019, by regulation 5 of the Climate Change (Emissions Trading Scheme) Amendment Regulations 2018 (LI 2018/185).

7F Method of calculating removals by exporting liquid carbon dioxide

Removals in relation to liquid carbon dioxide exported by the person in the year or other period covered by an emissions return must be calculated in accordance with the following formula:

R = A x 1

where—

A: is the total number of tonnes of liquid carbon dioxide produced by the person covered by the emissions return, as recorded under regulation 7E
R: is the removals in tonnes from the exportation of liquid carbon dioxide for the year or other return period covered by the emissions return.

Regulation 7F: inserted, on 1 January 2019, by regulation 5 of the Climate Change (Emissions Trading Scheme) Amendment Regulations 2018 (LI 2018/185).

Exporting natural gasoline[Revoked]

Heading: revoked (with effect on 1 January 2018), on 27 September 2018, by regulation 4 of the Climate Change (Emissions Trading Scheme) Amendment Regulations 2018 (LI 2018/185).

7D Application of regulations 7E and 7F

[Revoked]

Regulation 7D: revoked (with effect on 1 January 2018), on 27 September 2018, by regulation 4 of the Climate Change (Emissions Trading Scheme) Amendment Regulations 2018 (LI 2018/185).

7E Collection of information for purpose of calculating removals from exporting natural gasoline

[Revoked]

Regulation 7E: revoked (with effect on 1 January 2018), on 27 September 2018, by regulation 4 of the Climate Change (Emissions Trading Scheme) Amendment Regulations 2018 (LI 2018/185).

7F Method of calculating removals by exporting natural gasoline

[Revoked]

Regulation 7F: revoked (with effect on 1 January 2018), on 27 September 2018, by regulation 4 of the Climate Change (Emissions Trading Scheme) Amendment Regulations 2018 (LI 2018/185).

Part 2 Synthetic greenhouse gas activities

Part 2 heading: inserted, on 21 September 2017, by regulation 10 of the Climate Change (Other Removal Activities) Amendment Regulations 2017 (LI 2017/247).

Threshold for exporting synthetic greenhouse gases activity

Heading: added, on 1 January 2011, by regulation 7 of the Climate Change (Other Removal Activities) Amendment Regulations 2010 (SR 2010/336).

8 Threshold for exporting synthetic greenhouse gases activity

(1)

The threshold for the exporting synthetic greenhouse gases activity is that the exportation results in at least 1 tonne of removals in a year from the exportation of synthetic greenhouse gases other than—

(a)

synthetic greenhouse gases contained in excluded goods; or

(b)

[Revoked]

(c)

[Revoked]

(d)

excluded motor vehicle removals.

(2)

In subclause (1), excluded goods means—

(a)

an aircraft or a ship—

(i)

with synthetic greenhouse gases contained in any refrigeration system, air conditioning system, or other system—

(A)

that is integrated with or into the aircraft or ship; or

(B)

that relies on the aircraft or ship for its power; and

(ii)

that—

(A)

is passing through New Zealand; or

(B)

is in New Zealand for the purpose of repairing the aircraft or ship; or

(C)

is part of the armed forces of a State other than New Zealand; or

(D)

is registered in New Zealand or is owned by a New Zealand person, unless the aircraft or ship was built in New Zealand and is leaving New Zealand on its maiden voyage:

(b)

any household goods or other effects of a passenger or member of the crew of an aircraft or a ship (whether the household goods or other effects are accompanied or unaccompanied):

(c)

any imported goods that have medical uses necessary for human health, including metered dose inhalers:

(d)

any imported goods that—

(i)

are not unloaded in New Zealand and are destined for a port outside New Zealand; or

(ii)

are in New Zealand temporarily; or

(iii)

contain synthetic greenhouse gases owing solely to the use of synthetic greenhouse gases to manufacture the goods (for example, insulation foam):

(e)

any goods exported for personal, domestic, or household use or consumption by the person exporting the goods, if the person is an individual:

(f)

any aircraft, unless the total amount of removals from synthetic greenhouse gases contained in any refrigeration system, air conditioning system, or other system that is integrated into or powered by aircraft exported by the person (other than aircraft referred to in paragraph (a)), is 100 tonnes or more in the year of export:

(g)

any ship, unless the total amount of removals from synthetic greenhouse gases contained in any refrigeration system, air conditioning system, or other system integrated into or powered by ships exported by the person (other than ships referred to in paragraph (a)), is 100 tonnes or more in the year of export:

(h)

the refrigeration system of a shipping container.

(h)

[Revoked]

(3)

The threshold prescribed by subclause (1) does not apply to the export of hydrofluorocarbons that are contained in polyol if the hydrofluorocarbons are included in any information that a person is required to collect and record under regulation 44I or 44P of the Climate Change (Stationary Energy and Industrial Processes) Regulations 2009.

Regulation 8: added, on 1 January 2011, by regulation 7 of the Climate Change (Other Removal Activities) Amendment Regulations 2010 (SR 2010/336).

Regulation 8(1)(b): revoked, on 1 January 2013, by section 103 of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).

Regulation 8(1)(c): revoked, on 1 January 2013, by regulation 4 of the Climate Change (Other Removal Activities) Amendment Regulations 2012 (SR 2012/400).

Regulation 8(2)(h): inserted, on 1 January 2020, by regulation 4 of the Climate Change (Other Removal Activities) Amendment Regulations 2019 (LI 2019/236).

Regulation 8(2)(h): revoked, on 1 January 2013, by section 103 of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).

Regulation 8(3): inserted, on 21 September 2017, by regulation 11 of the Climate Change (Other Removal Activities) Amendment Regulations 2017 (LI 2017/247).

Exporting synthetic greenhouse gases activity

Heading: added, on 1 January 2011, by regulation 7 of the Climate Change (Other Removal Activities) Amendment Regulations 2010 (SR 2010/336).

9 Application of regulations 10 to 16B

A person must comply with regulations 10 to 16B if the person, in any year, is a participant under section 54(1)(b) of the Act in relation to the exporting synthetic greenhouse gases activity.

Regulation 9: added, on 1 January 2011, by regulation 7 of the Climate Change (Other Removal Activities) Amendment Regulations 2010 (SR 2010/336).

Regulation 9 heading: amended, on 21 September 2017, by regulation 12(1) of the Climate Change (Other Removal Activities) Amendment Regulations 2017 (LI 2017/247).

Regulation 9: amended, on 21 September 2017, by regulation 12(2) of the Climate Change (Other Removal Activities) Amendment Regulations 2017 (LI 2017/247).

9A Collection of information in relation to synthetic greenhouse gases for period in calendar year 2013

If the person is required to collect and record information under regulations 11, 13, and 15 in the year beginning on 1 January 2013 and ending with the close of 31 December 2013, the information must relate to that period.

Regulation 9A: inserted, on 1 April 2013, by regulation 8 of the Climate Change (Other Removal Activities) Amendment Regulations 2012 (SR 2012/400).

10 Collection of information for calculating removals from exporting synthetic greenhouse gases

(1)

Information must be collected and recorded and removals must be calculated in relation to—

(a)

each class of synthetic greenhouse gas—

(i)

exported in bulk by the person in the year in accordance with regulations 11 and 12; and

(ii)

exported in pre-charged equipment by the person in the year in accordance with regulations 13 and 14; and

(b)

synthetic greenhouse gases contained in any refrigeration, air conditioning, or other system integrated into or powered by motor vehicles exported by the person in the year in accordance with regulations 15 and 16; and

(c)

hydrofluorocarbons contained in polyol exported by the person in the year in accordance with regulations 16A and 16B.

(2)

An emissions return for the activity must record the person’s total removals in the period covered by the return, calculated by adding together the removals for—

(a)

each class of synthetic greenhouse gas—

(i)

exported in bulk by the person in the period, as calculated under regulation 12; and

(ii)

exported in pre-charged equipment by the person in the period, as calculated under regulation 14; and

(b)

motor vehicles exported by the person in the period, as determined under regulation 16; and

(c)

polyol exported by the person in the period, as determined under regulation 16B.

(3)

Subclauses (1)(c) and (2)(c) apply only to hydrofluorocarbons included in information that a person is required to collect and record under regulation 44I or 44P of the Climate Change (Stationary Energy and Industrial Processes) Regulations 2009.

Regulation 10: added, on 1 January 2011, by regulation 7 of the Climate Change (Other Removal Activities) Amendment Regulations 2010 (SR 2010/336).

Regulation 10(1)(b): amended, on 21 September 2017, by regulation 13(1) of the Climate Change (Other Removal Activities) Amendment Regulations 2017 (LI 2017/247).

Regulation 10(1)(c): inserted, on 21 September 2017, by regulation 13(2) of the Climate Change (Other Removal Activities) Amendment Regulations 2017 (LI 2017/247).

Regulation 10(2)(b): amended, on 21 September 2017, by regulation 13(3) of the Climate Change (Other Removal Activities) Amendment Regulations 2017 (LI 2017/247).

Regulation 10(2)(c): inserted, on 21 September 2017, by regulation 13(4) of the Climate Change (Other Removal Activities) Amendment Regulations 2017 (LI 2017/247).

Regulation 10(3): inserted, on 21 September 2017, by regulation 13(5) of the Climate Change (Other Removal Activities) Amendment Regulations 2017 (LI 2017/247).

11 Collection of information for calculating removals from exporting bulk synthetic greenhouse gases

(1)

The person must collect and record the following information:

(a)

the constituents of each class of synthetic greenhouse gas exported in bulk by the person in the year; and

(b)

the total number of kilograms of each class of synthetic greenhouse gas referred to in paragraph (a), as recorded at the customs point.

(2)

[Revoked]

(3)

[Revoked]

Regulation 11: added, on 1 January 2011, by regulation 7 of the Climate Change (Other Removal Activities) Amendment Regulations 2010 (SR 2010/336).

Regulation 11(2): revoked, on 1 April 2013, by regulation 5 of the Climate Change (Other Removal Activities) Amendment Regulations 2012 (SR 2012/400).

Regulation 11(3): revoked, on 1 January 2013, by section 103 of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).

12 Method of calculating removals from exporting bulk synthetic greenhouse gases

Removals in relation to each class of synthetic greenhouse gases exported in bulk by the person in the year or other period covered by an emissions return must be calculated in accordance with the following formula:

R = A ×		GWP
		1 000

where—

A: is the total number of kilograms of the class of synthetic greenhouse gas exported by the person in the year or other period covered by the emissions return, as recorded under regulation 11(1)(b)
GWP: is, for a class of synthetic greenhouse gas—
(a)
listed in the first column of table 2 of Schedule 1, the GWP figure for the class specified in the right-hand column of the table:
(b)
that consists of a single synthetic greenhouse gas, the GWP figure for the synthetic greenhouse gas specified in the second column in table 1 of Schedule 1:
(c)
that contains more than 1 synthetic greenhouse gas and is not listed in table 2 of Schedule 1, the GWP figure determined under regulation 21
R: is the removals for the class of synthetic greenhouse gas exported in bulk in the year or other period covered by the emissions return in tonnes.

Regulation 12: added, on 1 January 2011, by regulation 7 of the Climate Change (Other Removal Activities) Amendment Regulations 2010 (SR 2010/336).

Regulation 12: amended, on 21 September 2017, by regulation 14 of the Climate Change (Other Removal Activities) Amendment Regulations 2017 (LI 2017/247).

13 Collection of information for purpose of calculating removals from exporting synthetic greenhouse gases in pre-charged equipment

(1)

The person must collect and record the following information in relation to each class of synthetic greenhouse gas exported in the year in pre-charged equipment:

(a)

the constituents of the class of synthetic greenhouse gas; and

(b)

the number of units of each type of pre-charged equipment containing the class of synthetic greenhouse gas exported by the person in the year that were not excluded goods, as recorded at the customs point; and

(c)

the synthetic greenhouse gas charge for the type of pre-charged equipment in grams.

(2)

[Revoked]

(3)

[Revoked]

Regulation 13: added, on 1 January 2011, by regulation 7 of the Climate Change (Other Removal Activities) Amendment Regulations 2010 (SR 2010/336).

Regulation 13(2): revoked, on 1 April 2013, by regulation 6 of the Climate Change (Other Removal Activities) Amendment Regulations 2012 (SR 2012/400).

Regulation 13(3): revoked, on 1 January 2013, by section 103 of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).

14 Method of calculating removals from exporting synthetic greenhouse gases in pre-charged equipment

Removals in relation to each class of synthetic greenhouse gases exported in pre-charged equipment by the person in the year or other period covered by an emissions return must be calculated in accordance with the following formula:

R = Σ (A × B ×		GWP	)
		1 000 000

where—

A: is, for each type of pre-charged equipment containing the class of synthetic greenhouse gas exported by the person in the year or other period covered by the emissions return, the total number of units of the type of pre-charged equipment that were not excluded goods, as recorded under regulation 13(1)(b)
B: is the synthetic greenhouse gas charge for the type of pre-charged equipment in grams, as recorded under regulation 13(1)(c)
GWP: is, for a class of synthetic greenhouse gas—
(a)
listed in the first column of table 2 of Schedule 1, the GWP figure for the class specified in the right-hand column of the table:
(b)
that consists of a single synthetic greenhouse gas, the GWP figure for the synthetic greenhouse gas specified in the second column in table 1 of Schedule 1:
(c)
that contains more than 1 synthetic greenhouse gas and is not listed in table 2 of Schedule 1, the GWP figure determined under regulation 21
R: is the removals for the class of synthetic greenhouse gas exported in pre-charged equipment in the year or other period covered by the emissions return in tonnes.

Regulation 14: added, on 1 January 2011, by regulation 7 of the Climate Change (Other Removal Activities) Amendment Regulations 2010 (SR 2010/336).

Regulation 14: amended, on 21 September 2017, by regulation 15 of the Climate Change (Other Removal Activities) Amendment Regulations 2017 (LI 2017/247).

15 Collection of information for purpose of calculating removals from exporting synthetic greenhouse gases in motor vehicles

(1)

If the person exports synthetic greenhouse gases contained in any refrigeration, air conditioning, or other system integrated into or powered by motor vehicles (other than excluded goods) in the year, the person may elect whether to collect information and calculate removals in respect of the motor vehicles under—

(a)

subclause (2) and regulation 16(1) (the actual charge method); or

(b)

subclause (3) and regulation 16(2) (the default charge method); or

(c)

a combination of those provisions (that is, some vehicles in accordance with the actual charge method and others in accordance with the default charge method).

(2)

The person must collect and record the following information in relation to each class of synthetic greenhouse gas contained in any refrigeration, air conditioning, or other system integrated into or powered by the motor vehicles in respect of which the person wishes to calculate removals in accordance with the actual charge method:

(a)

the constituents of the class of synthetic greenhouse gas; and

(b)

the total number of each type of motor vehicle containing the class of synthetic greenhouse gas exported by the person in the year that were not excluded goods, as recorded at the customs point; and

(c)

the synthetic greenhouse gas charge for each type of motor vehicle in grams.

(3)

The person must collect and record, for each category of motor vehicle in respect of which the person wishes to use the default charge method to calculate removals from synthetic greenhouse gases contained in any refrigeration, air conditioning, or other system integrated into or powered by the motor vehicles, the total number of motor vehicles in that category exported by the person in the year that were not excluded goods, as recorded at the customs point.

(4)

[Revoked]

Regulation 15: added, on 1 January 2011, by regulation 7 of the Climate Change (Other Removal Activities) Amendment Regulations 2010 (SR 2010/336).

Regulation 15(4): revoked, on 1 April 2013, by regulation 7 of the Climate Change (Other Removal Activities) Amendment Regulations 2012 (SR 2012/400).

16 Method of calculating removals from exporting synthetic greenhouse gases in motor vehicles

(1)

A person who wishes to use the actual charge method to calculate removals from any motor vehicles exported in the year or other period covered by an emissions return must calculate removals in relation to each class of synthetic greenhouse gas exported in those vehicles using the following formula:

R₁ = Σ (A × B ×		GWP	)
		1 000 000

where—

A: is, for each type of motor vehicle containing the class of synthetic greenhouse gas exported by the person in the year or other period covered by the emissions return, the total number of units of the type of motor vehicle exported that were not excluded goods, as recorded under regulation 15(2)(b)
B: is the synthetic greenhouse gas charge for the type of motor vehicle in grams, as recorded under regulation 15(2)(c)
GWP: is, for a class of synthetic greenhouse gas—
(a)
listed in the first column of table 2 of Schedule 1, the GWP figure for the class specified in the right hand column of the table:
(b)
not listed in table 2 of Schedule 1 and that contains more than 1 synthetic greenhouse gas, the GWP figure determined under regulation 21:
(c)
that contains a single synthetic greenhouse gas, the GWP figure for the synthetic greenhouse gas specified in the second column in table 1 of Schedule 1
R₁: is the removals for the class of synthetic greenhouse gas in the year or other period covered by the emissions return in tonnes.

(2)

A person who wishes to use the default charge method to calculate removals from any motor vehicles exported in the year or other period covered by an emissions return must calculate removals in relation to each category of those motor vehicles exported, using the following formula:

R₂ = A × B ×		GWP
		1 000 000

where—

A: is the total number of motor vehicles in that category that the person exported in the year or other period covered by the emissions return that were not excluded goods, as recorded under regulation 15(3)
B: is the default charge for the category specified in table 3 of Schedule 1
GWP: is the GWP figure for HFC-134a in table 1 of Schedule 1
R₂: is the removals for the category of motor vehicles in the year or other period covered by the emissions return in tonnes.

(3)

The person must calculate total removals in relation to synthetic greenhouse gases in motor vehicles exported by the person in the year using the following formula:

TR = Σ(R₁) + Σ(R₂)

where—

R₁: is the removals in tonnes for each class of synthetic greenhouse gas in respect of which the person has calculated removals using the actual charge method, as calculated under subclause (1)
R₂: is the removals in tonnes for each category of motor vehicles in respect of which the person has calculated removals using the default charge method, as calculated under subclause (2)
TR: is the total removals for synthetic greenhouse gases in motor vehicles exported by the person in the year or other period covered by the emissions return in tonnes.

(4)

Taking into account the person’s excluded motor vehicle removals, the removals that must be included in the person’s emissions return for the year is the greater of—

(a)

the figure calculated in accordance with the following formula:

TR − 100

where—

TR: is the person’s total removals for motor vehicles exported by the person in the year as calculated under subclause (3)
100: is the person’s excluded motor vehicles removals; and

(b)

zero.

Regulation 16: added, on 1 January 2011, by regulation 7 of the Climate Change (Other Removal Activities) Amendment Regulations 2010 (SR 2010/336).

Regulation 16(1): amended, on 21 September 2017, by regulation 16 of the Climate Change (Other Removal Activities) Amendment Regulations 2017 (LI 2017/247).

Regulation 16(2): amended, on 21 September 2017, by regulation 16 of the Climate Change (Other Removal Activities) Amendment Regulations 2017 (LI 2017/247).

16A Collection of information for purpose of calculating removals from exporting polyol containing hydrofluorocarbons

The person must collect the following information:

(a)

the total number of kilograms of each class of hydrofluorocarbon contained in polyol exported by the person in the year; and

(b)

if the person wishes to submit a return for a period other than a year under section 66 of the Act, the total number of kilograms of each class of hydrofluorocarbon contained in polyol exported by the person in the other period.

Regulation 16A: inserted, on 21 September 2017, by regulation 17 of the Climate Change (Other Removal Activities) Amendment Regulations 2017 (LI 2017/247).

16B Method of calculating removals from exporting polyol that contains hydrofluorocarbons

Removals in relation to each class of hydrofluorocarbon contained in polyol exported by the person in the year or other period covered by an emissions return must be calculated in accordance with the following formula:

R = A × GWP ÷ 1 000

where—

A: is the total number of kilograms of the class of hydrofluorocarbon contained in polyol exported by the person in the year or other period covered by the emissions return, as recorded under regulation 16A
GWP: is, for a class of hydrofluorocarbon—
(a)
listed in the first column of table 2 in Schedule 1, the GWP figure for the class specified in the right-hand column of the table:
(b)
that consists of a single hydrofluorocarbon, the GWP figure for the hydrofluorocarbon specified in the second column in table 1 of Schedule 1:
(c)
that contains more than 1 hydrofluorocarbon and is not listed in table 2 of Schedule 1, the GWP figure determined under regulation 21
R: is the removals in tonnes for the class of hydrofluorocarbon contained in polyol exported by the person for the year or other period covered by the emissions return.

Regulation 16B: inserted, on 21 September 2017, by regulation 17 of the Climate Change (Other Removal Activities) Amendment Regulations 2017 (LI 2017/247).

Threshold for destroying synthetic greenhouse gases

Heading: added, on 1 January 2011, by regulation 7 of the Climate Change (Other Removal Activities) Amendment Regulations 2010 (SR 2010/336).

17 Threshold for destroying synthetic greenhouse gases

The threshold for the destroying synthetic greenhouse gases activity is that the destruction of the synthetic greenhouse gases results in at least 1 tonne of removals in a year from synthetic greenhouse gases other than sulphur hexafluoride imported before 1 January 2013.

Regulation 17: added, on 1 January 2011, by regulation 7 of the Climate Change (Other Removal Activities) Amendment Regulations 2010 (SR 2010/336).

Destroying synthetic greenhouse gases

Heading: added, on 1 January 2011, by regulation 7 of the Climate Change (Other Removal Activities) Amendment Regulations 2010 (SR 2010/336).

18 Application of regulations 19 and 20

A person must comply with regulations 19 and 20 if the person, in any year, is a participant under section 54(1)(b) of the Act in relation to the destroying synthetic greenhouse gases activity.

Regulation 18: added, on 1 January 2011, by regulation 7 of the Climate Change (Other Removal Activities) Amendment Regulations 2010 (SR 2010/336).

19 Collection of information for purpose of calculating removals from destroying synthetic greenhouse gases

(1)

The following information must be collected in relation to each class of synthetic greenhouse gas destroyed at each destruction facility used by the person in the year:

(a)

the constituents of the class of synthetic greenhouse gas; and

(b)

the number of kilograms of chemicals in each batch of chemicals containing the class of synthetic greenhouse gas submitted by the person to the destruction facility in the year; and

(c)

the percentage by mass of the class of synthetic greenhouse gas in each batch of chemicals referred to in paragraph (b); and

(d)

the destruction efficiency factor for the class of synthetic greenhouse gas at the destruction facility; and

(e)

an estimate of the number of kilograms of the class of synthetic greenhouse gas that are lost through handling losses between submission of the batches of chemicals containing the class of synthetic greenhouse gas to the destruction facility and the destruction of the gas.

(2)

[Revoked]

(3)

[Revoked]

Regulation 19: added, on 1 January 2011, by regulation 7 of the Climate Change (Other Removal Activities) Amendment Regulations 2010 (SR 2010/336).

Regulation 19(2): revoked, on 1 January 2013, by section 103 of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).

Regulation 19(3): revoked, on 1 January 2013, by section 103 of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).

20 Method of calculating removals from destroying synthetic greenhouse gases

(1)

Removals in relation to each class of synthetic greenhouse gas destroyed by the person in the year or other period covered by an emissions return at each destruction facility used by the person must be calculated in accordance with the following formula:

	R = (((Σ (A × B)) × C) − D) ×		GWP
	R = (((Σ (A × B)) × C) − D) ×		1 000

where—

A: is, for each batch of chemicals containing the class of synthetic greenhouse gas submitted by the person to the destruction facility in the year or other period covered by the emissions return, the number of kilograms of chemicals in the batch, as recorded under regulation 19(1)(b)
B: is the percentage by mass of the class of synthetic greenhouse gas in the relevant batch of chemicals, as recorded under regulation 19(1)(c)
C: is the destruction efficiency factor for the class of synthetic greenhouse gas at the destruction facility, as recorded under regulation 19(1)(d)
D: is the estimate of any handling losses for the class of synthetic greenhouse gas, as recorded under regulation 19(1)(e)
GWP: is, for a class of synthetic greenhouse gas—
(a)
listed in the first column of table 2 of Schedule 1, the figure for GWP for the class specified in the right-hand column of the table:
(b)
that consists of a single synthetic greenhouse gas, the figure for GWP for the synthetic greenhouse gas specified in the second column in table 1 of Schedule 1:
(c)
that contains more than 1 synthetic greenhouse gas and is not listed in table 2 of Schedule 1, the figure for GWP determined under regulation 21
R: is the removals for the class of synthetic greenhouse gas destroyed at the destruction facility for the year or other period covered by the emissions return in tonnes.

(2)

An emissions return submitted by a person required to comply with this regulation must record the person’s total removals from the destroying synthetic greenhouse gases activity in the period covered by the return, calculated by adding together the removals for each class of synthetic greenhouse gas destroyed at each destruction facility in the period covered by the return, as calculated under subclause (1).

Regulation 20: added, on 1 January 2011, by regulation 7 of the Climate Change (Other Removal Activities) Amendment Regulations 2010 (SR 2010/336).

Regulation 20(1): amended, on 21 September 2017, by regulation 18 of the Climate Change (Other Removal Activities) Amendment Regulations 2017 (LI 2017/247).

Determination of GWP

Heading: added, on 1 January 2011, by regulation 7 of the Climate Change (Other Removal Activities) Amendment Regulations 2010 (SR 2010/336).

21 Determination of GWP figure for class of synthetic greenhouse gas

If a person is required to use a GWP figure for a class of synthetic greenhouse gas that contains more than 1 synthetic greenhouse gas and the GWP figure for the class of synthetic greenhouse gas is not listed in table 2 of Schedule 1, then the GWP figure for the class of synthetic greenhouse gas must be calculated in accordance with the following formula:

GWP = Σ (A × B)

where—

A: is, for each synthetic greenhouse gas specified in table 1 of Schedule 1 that is contained in the class of synthetic greenhouse gas, the GWP figure specified in that table
B: is, for the relevant synthetic greenhouse gas, the percentage by mass of the synthetic greenhouse gas in the class of synthetic greenhouse gas
GWP: is the GWP figure for the class, being—
(a)
the product of the equation rounded down to the nearest 10 if the last number of the product is 1, 2, 3, or 4:
(b)
the product of the equation rounded up to the nearest 10 if the last number of the product is 5, 6, 7, 8, or 9.

Regulation 21: added, on 1 January 2011, by regulation 7 of the Climate Change (Other Removal Activities) Amendment Regulations 2010 (SR 2010/336).

Regulation 21: amended, on 21 September 2017, by regulation 19 of the Climate Change (Other Removal Activities) Amendment Regulations 2017 (LI 2017/247).

Criteria for registering as participant in relation to hydrofluorocarbons and perfluorocarbons removal activity[Revoked]

Heading: revoked, on 1 January 2023, by regulation 9 of the Climate Change (Emissions Trading Scheme and Synthetic Greenhouse Gas Levies) Amendment Regulations 2022 (SL 2022/267).

22 Criteria for registering as participant in relation to hydrofluorocarbon and perfluorocarbon removal activity

[Revoked]

Regulation 22: revoked, on 1 January 2023, by regulation 9 of the Climate Change (Emissions Trading Scheme and Synthetic Greenhouse Gas Levies) Amendment Regulations 2022 (SL 2022/267).

Schedule 1AA Transitional, savings, and related provisions

r 3AA

Schedule 1AA: inserted, on 21 September 2017, by regulation 20 of the Climate Change (Other Removal Activities) Amendment Regulations 2017 (LI 2017/247).

Part 1 Provisions relating to Climate Change (Other Removal Activities) Amendment Regulations 2017

1 Regulations related to exporting polyol apply on and from 1 January 2017

The following apply on and from 1 January 2017:

(a)

the amendments made to regulations 8 to 10 by the Climate Change (Other Removal Activities) Amendment Regulations 2017; and

(b)

regulations 16A and 16B.

Schedule 1 Figures for synthetic greenhouse gases

rr 3, 12, 14, 16, 20

Schedule 1: added, on 1 January 2011, by regulation 8 of the Climate Change (Other Removal Activities) Amendment Regulations 2010 (SR 2010/336).

Schedule 1 heading: amended, on 21 September 2017, by regulation 21(1) of the Climate Change (Other Removal Activities) Amendment Regulations 2017 (LI 2017/247).

Table 1 Figures for synthetic greenhouse gases

Gas	Chemical formula	GWP figure
Hydrofluorocarbons
HFC-23	CHF₃	12 400
HFC-32	CH₂F₂	677
HFC-41	CH₃F	116
HFC-125	CHF₂CF₃	3 170
HFC-134	CHF₂CHF₂	1 120
HCF-134a	CH₂FCF₃	1 300
HFC-143	CH₂FCHF₂	328
HFC-143a	CH₃CF₃	4 800
HFC-152	CH₂FCH₂F	16
HFC-152a	CH₃CHF₂	138
HFC-161	CH₃CH₂F	4
HFC-227ea	CF₃CHFCF₃	3 350
HFC-236cb	CH₂FCF₂CF₃	1 210
HFC-236ea	CHF₂CHFCF₃	1 330
HFC-236fa	CF₃CH₂CF₃	8 060
HFC-245ca	CH₂FCF₂CHF₂	716
HFC-245fa	CHF₂CH₂CF₃	858
HFC-365mfc	CH₃CF₂CH₂CF₃	804
HFC-43-10mee	CF₃CHFCHFCF₂CF₃	1 650
Perfluorocarbons
PFC-14 (perfluoromethane)	CF₄	6 630
PFC-116 (perfluoroethane)	C₂F₆	11 100
PFC-218 (perfluoropropane)	C₃F₈	8 900
PFC-318 (perfluorocyclobutane)	c-C₄F₈	9 540
PFC-3-1-10 (perfluorobutane)	C₄F₁₀	9 200
PFC-4-1-12 (perfluoropentane)	C₅F₁₂	8 550
PFC-5-1-14 (perfluorohexane)	C₆F₁₄	7 910
PFC-9-1-18 (perfluorodecalin)	C₁₀F₁₈	7 190

Schedule 1 table 1: replaced, on 1 January 2023, by regulation 10(1) of the Climate Change (Emissions Trading Scheme and Synthetic Greenhouse Gas Levies) Amendment Regulations 2022 (SL 2022/267).

Table 2 GWP figures for classes of hydrofluorocarbons or perfluorocarbons

Class	Type of hydrofluorocarbon						Type of perfluoro-carbon	Other gas	GWP figure for class
	HFC-23	HFC-32	HFC-125	HFC-134a	HFC-143a	HFC-152a	PFC-218
GWP	14 800	675	3 500	1 430	4 470	124	8 830	0
R23	100%								12 400
R134a				100%					1 300
R403B: 5% R290, 56% R22, 39% R218							39%	61%	3 470
R404A: 44% R125, 52% R143a, 4% R134a			44%	4%	52%				3 940
R407C: 23% R32, 25% R125, 52% R134a		23%	25%	52%					1 640
R408A: 7% R125, 46% R143a, 47% R22			7%		46%			47%	2 430
R410A: 50% R32, 50% R125		50%	50%						1 920
R413A: 9% R218, 88% R134a, 3% R600a				88%			9%	3%	1 950
R416A: 59% R134a, 39.5% R124, 1.5% R600				59%				41%	770
R417A: 46.6% R125, 50% R134a, 3.4% R600			46.6%	50%				3.4%	2 130
R422A: 85.1% R125, 11.5% R134a, 3.4% R600a			85.1%	11.5%				3.4%	2 850
R448A		26%	26%	21%				27%	1 270
R449A		24%	25%	26%				25%	1 280
R507A: 50% R125, 50% R143a			50%		50%				3 980

Schedule 1 table 2: replaced, on 1 January 2023, by regulation 10(2) of the Climate Change (Emissions Trading Scheme and Synthetic Greenhouse Gas Levies) Amendment Regulations 2022 (SL 2022/267).

Table 3 Default charges for categories of motor vehicles

Category of motor vehicle	Default charge (g)
Cars, vans, and utes	700
Trucks	1 200
Buses and off-engine refrigerated trucks and trailers	2 500

Michael Webster,
for Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 1 October 2009.

Notes

1 General

This is a consolidation of the Climate Change (Other Removal Activities) Regulations 2009 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

Climate Change (Emissions Trading Scheme and Synthetic Greenhouse Gas Levies) Amendment Regulations 2022 (SL 2022/267): Part 2

Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021 (LI 2021/248): regulations 76, 77

Climate Change (Other Removal Activities) Amendment Regulations 2019 (LI 2019/236)

Climate Change (Emissions Trading Scheme) Amendment Regulations 2018 (LI 2018/185): Part 1

Customs and Excise Act 2018 (2018 No 4): section 443(4)

Climate Change (Other Removal Activities) Amendment Regulations 2017 (LI 2017/247)

Climate Change (Other Removal Activities) Amendment Regulations 2012 (SR 2012/400)

Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89): section 103

Climate Change (Other Removal Activities) Amendment Regulations 2011 (SR 2011/363)

Climate Change (Other Removal Activities) Amendment Regulations 2010 (SR 2010/336)

List of access keys

Climate Change (Other Removal Activities) Regulations 2009

Climate Change (Other Removal Activities) Regulations 2009

Order in Council

Note

Contents

Regulations

1 Title

2 Commencement

3 Interpretation

(a)

(b)

(i)

(ii)

(c)

(a)

(b)

(a)

(i)

(ii)

(b)

(c)

(a)

(b)

(c)

3AA Transitional, savings, and related provisions

3A Chief executive may issue guidelines or standards

Part 1 Embedding activities

Thresholds for embedding activities

4 Thresholds for certain embedding activities

(a)

(b)

Production of methanol

5 Application of regulations 6 and 7

(a)

(b)

6 Collection of information for purpose of calculating removals from producing methanol

(a)

(b)

7 Method of calculating removals from producing methanol

Exporting LPG

7A Application of regulations 7B and 7C

(a)

(b)

(c)

7B Collection of information for purpose of calculating removals from exporting LPG

(a)

(b)

7C Method of calculating removals from exporting LPG

Production of liquid carbon dioxide for export

7D Application of regulations 7E and 7F

(a)

(b)

7E Collection of information for purpose of calculating removals from producing liquid carbon dioxide for export

(a)

(b)

7F Method of calculating removals by exporting liquid carbon dioxide

Exporting natural gasoline[Revoked]

7D Application of regulations 7E and 7F

7E Collection of information for purpose of calculating removals from exporting natural gasoline

7F Method of calculating removals by exporting natural gasoline

Part 2 Synthetic greenhouse gas activities

Threshold for exporting synthetic greenhouse gases activity

8 Threshold for exporting synthetic greenhouse gases activity

(a)

(b)

(c)

(d)

(a)

(i)

(A)

(B)

(ii)

(A)

(B)

(C)

(D)

(b)

(c)

(d)