Climate Change (Unique Emissions Factors) Regulations 2009

Part 1 Preliminary matters

3 Interpretation

(1)

In these regulations, unless the context otherwise requires,—

calorific value means the energy content of a fuel on a gross or high heating value basis expressed in terajoules per tonne of fuel

coal importing participant means a person who is a participant under section 54(1)(a) of the Act in respect of the activity listed in Part 3 of Schedule 3 of the Act of importing coal

coal mining participant means a person who is a participant under section 54(1)(a) of the Act in respect of the activity listed in Part 3 of Schedule 3 of the Act of mining coal, where the coal mined exceeds 2 000 tonnes in a year

coal participant means—

(a)

a coal importing participant; or

(b)

a coal mining participant; or

(c)

a coal purchasing participant

coal purchasing participant means a person who is a participant under section 54(1)(b) of the Act in respect of the activity listed in Part 4 of Schedule 4 of the Act of purchasing coal from 1 or more participants who mine coal, where the total coal purchased exceeds 250 000 tonnes per year

default emissions factor means an emissions factor that is specified in—

(a)

the Schedule of the Climate Change (Liquid Fossil Fuels) Regulations 2008; or

(b)

Schedule 2 of the Climate Change (Stationary Energy and Industrial Processes) Regulations 2009

estimated uncertainty, in relation to a unique emissions factor, means the uncertainty associated with the sampling and testing used to establish the unique emissions factor, estimated at a 90% confidence level

fuel means obligation fuel, coal, natural gas, geothermal fluid, used oil, waste oil, used tyres, or waste if the waste is combusted for the purpose of generating electricity or industrial heat

geothermal participant means a person who is a participant under section 54(1)(a) of the Act in respect of the activity listed in Part 3 of Schedule 3 of the Act of using geothermal fluid for the purpose of generating electricity or industrial heat

IPCC waste model means the waste model described in chapter 3, volume 5 (Waste) of the 2006 IPCC Guidelines for National Greenhouse Gas Inventories, published by the Intergovernmental Panel on Climate Change

LFG means landfill gas

mass fraction means the ratio of the mass of a component in a mixture to the total mass of the mixture

mix point means the final point at which steam from 2 or more geothermal steam transmission lines is mixed before used in a geothermal plant

natural gas purchasing participant means a person who is a participant under section 54(1)(b) of the Act in respect of the activity listed in Part 4 of Schedule 4 of the Act of purchasing natural gas from 1 or more participants who mine natural gas, where the total natural gas purchased exceeds 2 petajoules per year

obligation fuel has the same meaning as in regulation 3 of the Climate Change (Liquid Fossil Fuels) Regulations 2008

obligation fuel participant means—

(a)

a person who is a participant under section 54(1)(a) of the Act in respect of an activity listed in Part 2 of Schedule 3 of the Act:

(b)

a person who is a participant under section 54(1)(b) of the Act in respect of an activity listed in Part 3 of Schedule 4 of the Act

periodic source testing option means the option for calculating a unique emissions factor set out in regulations 21 to 23

recognised verifier means—

(a)

a person recognised under Part 3 to verify unique emissions factors for 1 or more activities specified in regulation 27; and

(b)

in relation to an activity specified in regulation 27, a person recognised under Part 3 to verify unique emissions factors for the activity

representative, in relation to samples of a fuel or LFG or to measurements or calculations, means taken or made at a sufficient frequency and duration to produce data that may be reliably extrapolated to provide estimates of, as relevant,—

(a)

the properties of a class of fuel or LFG:

(b)

emissions across the full range of operating conditions:

(c)

for waste disposed of at a disposal facility, the composition of the waste

standard testing option means the option for calculating a unique emissions factor set out in regulation 10 or 20

SWAP means the Solid Waste Analysis Protocol published by the Ministry for the Environment in March 2002

waste combustion participant means a person who is a participant under section 54(1)(a) of the Act in respect of the activity listed in Part 3 of Schedule 3 of the Act of combusting used oil, waste oil, used tyres, or waste for the purpose of generating electricity or industrial heat

waste participant means a person who is a participant under section 54(1)(a) of the Act in respect of the activity listed in Part 6 of Schedule 3 of the Act of operating a disposal facility.

(2)

A reference to a test method containing an acronym listed in the left-hand column in the following table means a standard, or test method related to an organisation, that is listed in the right-hand column of the table:

Test methodStandard or organisation
ASAustralian Standard
ASTMASTM International
BSBritish Standard
CEN/TSComité Européen de Normalisation (European Committee for Standardization) Technical Specification
ENEuropean Standard
IECInternational Electrotechnical Commission
IPEnergy Institute, which replaced the Institute of Petroleum, London
ISOInternational Organization for Standardization
NZSNew Zealand Standard
USEPAUnited States Environmental Protection Agency
VDIThe Association of German Engineers

(3)

Unless the context otherwise requires, if a test method prescribed in these regulations provides for alternative methods, each method has equal standing, and any of the methods may be used.

Regulation 3(1) chief executive: revoked, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14).

Regulation 3(1) fuel: amended, on 12 December 2013, by regulation 4(1) of the Climate Change (Unique Emissions Factors) Amendment Regulations 2013 (SR 2013/383).

Regulation 3(1) fuel: amended, on 1 January 2011, by regulation 4(2) of the Climate Change (Unique Emissions Factors) Amendment Regulations 2010 (SR 2010/337).

Regulation 3(1) IPCC waste model: inserted, on 1 January 2011, by regulation 4(1) of the Climate Change (Unique Emissions Factors) Amendment Regulations 2010 (SR 2010/337).

Regulation 3(1) LFG: inserted, on 1 January 2011, by regulation 4(1) of the Climate Change (Unique Emissions Factors) Amendment Regulations 2010 (SR 2010/337).

Regulation 3(1) obligation jet fuel: revoked, on 12 December 2013, by regulation 4(2) of the Climate Change (Unique Emissions Factors) Amendment Regulations 2013 (SR 2013/383).

Regulation 3(1) representative: substituted, on 1 January 2011, by regulation 4(3) of the Climate Change (Unique Emissions Factors) Amendment Regulations 2010 (SR 2010/337).

Regulation 3(1) SWAP: inserted, on 1 January 2011, by regulation 4(1) of the Climate Change (Unique Emissions Factors) Amendment Regulations 2010 (SR 2010/337).

Regulation 3(1) waste participant: added, on 1 January 2011, by regulation 4(1) of the Climate Change (Unique Emissions Factors) Amendment Regulations 2010 (SR 2010/337).