Climate Change (Stationary Energy and Industrial Processes) Amendment Regulations 2015

2015/218

Coat of Arms of New Zealand

Climate Change (Stationary Energy and Industrial Processes) Amendment Regulations 2015

Hon Sir William Young, Administrator of the Government

Order in Council

At Wellington this 21st day of September 2015

Present:
The Right Hon John Key presiding in Council

Pursuant to section 163 of the Climate Change Response Act 2002, His Excellency the Administrator of the Government makes the following regulations, acting—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister for Climate Change Issues made after complying with the requirements in sections 163(5) and 166(1) of that Act.

Regulations

1 Title

These regulations are the Climate Change (Stationary Energy and Industrial Processes) Amendment Regulations 2015.

2 Commencement

These regulations come into force on 1 January 2016.

3 Application

These regulations apply for the year commencing on 1 January 2016 and for each subsequent year.

4 Principal regulations

These regulations amend the Climate Change (Stationary Energy and Industrial Processes) Regulations 2009 (the principal regulations).

5 Regulation 10 amended (Collection and recording of information for purpose of calculating emissions from mining coal)

Replace regulation 10(1)(c) with:

(c)

the total number of tonnes of mined coal of the class exported in the year (and mined coal sold in the year for the purposes of export in the following year may be treated as exported in the year), as recorded at the customs point; and

6 Regulation 50 amended (Method of calculating emissions in relation to purchasing natural gas)

(1)

In regulation 50(1), replace “either the standard formula in subclause (3) or the field specific formula in subclause (4)” with “the standard formula in subclause (3), the field specific formula in subclause (4), or the unique emissions factor formula in subclause (4A)”.

(2)

In regulation 50(4), formula, after item D, insert:

E

is the emissions from the quantity of natural gas

(3)

After regulation 50(4), insert:

(4A)

A person may calculate emissions for a class of opt-in natural gas under the following unique emissions factor formula, if the EPA has approved the use by that person of a unique emissions factor for calculating emissions in relation to that class of opt-in natural gas:

E = EFUEF × D

where—

D

is the total terajoules of the quantity of natural gas, as recorded under regulation 49(1)(c)(i)

E

is the emissions from the quantity of natural gas

EFUEF

is the unique emissions factor that the EPA has approved the person to use when calculating emissions in relation to that class of opt-in natural gas.

(4)

In regulation 50(7), formula, item EE, after “(4),”, insert “(4A),”.

(5)

In regulation 50(7), formula, item EP, after “(4),”, insert “(4A),”.

7 Schedule 2 amended

In Schedule 2, replace table 10 with the table 10 set out in the Schedule of these regulations.

Schedule Amendment to Schedule 2

r 7

Table 10 Mining or purchasing natural gas

ClassEmissions factorUnit
Kapuni53.40tCO2e/TJ
Kapuni LTS85.90tCO2e/TJ
Kowhai53.55tCO2e/TJ
Kupe54.82tCO2e/TJ
McKee53.41tCO2e/TJ
Maari53.48tCO2e/TJ
Mangahewa53.37tCO2e/TJ
Maui52.32tCO2e/TJ
Ngatoro–Kaimiro54.59tCO2e/TJ
Pohokura54.37tCO2e/TJ
Rimū/Kauri52.00tCO2e/TJ
Turangi55.02tCO2e/TJ
National average (2013 calendar year)53.69tCO2e/TJ

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations amend the Climate Change (Stationary Energy and Industrial Processes) Regulations 2009 to—

  • adjust the requirements for collecting and recording information in relation to mined coal to include information about coal that is sold in the reporting year but exported in the following year:

  • provide for the deduction of such coal from an annual emissions return:

  • clarify that an opt-in natural gas participant may calculate its emissions obligations using a unique emissions factor that the Environmental Protection Authority has approved the participant to use:

  • update the emissions factors specified in table 10 of Schedule 2 to ensure that stationary energy and industrial process emissions reporting remains as accurate as possible.

These regulations come into force on 1 January 2016 and apply for the year commencing on that date and for each subsequent year.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 24 September 2015.

These regulations are administered by the Ministry for the Environment.