Climate Change (Eligible Industrial Activities) Amendment Regulations (No 2) 2013
Climate Change (Eligible Industrial Activities) Amendment Regulations (No 2) 2013
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Climate Change (Eligible Industrial Activities) Amendment Regulations (No 2) 2013
2013/466

Climate Change (Eligible Industrial Activities) Amendment Regulations (No 2) 2013
Jerry Mateparae, Governor-General
Order in Council
At Wellington this 25th day of November 2013
Present:
His Excellency the Governor-General in Council
Pursuant to sections 161A and 161B of the Climate Change Response Act 2002, His Excellency the Governor-General 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 after complying with section 161F(1) of that Act.
Regulations
1 Title
These regulations are the Climate Change (Eligible Industrial Activities) Amendment Regulations (No 2) 2013.
2 Commencement
These regulations come into force on 1 January 2014.
3 Principal regulations
These regulations amend the Climate Change (Eligible Industrial Activities) Regulations 2010 (the principal regulations).
4 Regulation 19 amended (Manufacture of carbon steel from cold ferrous feed)
Replace regulation 19(2) and (3) with:
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“(2) The products produced by the manufacture of carbon steel from cold ferrous feed that must be used as the basis of allocation are—
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“(a) product A, which consists of the total tonnes of continuously cast carbon steel products and ingots of carbon steel, whether or not subsequently hot-rolled, that—
“(i) are produced by carrying out the eligible industrial activity of manufacture of carbon steel from cold ferrous feed; and
“(ii) are not a relevant product; and
“(iii) are of saleable quality; and
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“(b) product B, which consists of the total tonnes of long products of hot-rolled carbon steel that—
“(i) are produced by carrying out the eligible industrial activity of manufacture of carbon steel from cold ferrous feed; and
“(ii) are not a relevant product; and
“(iii) are of saleable quality; and
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“(c) product C, which consists of the total tonnes of flat products of hot-rolled carbon steel that—
“(i) are produced by carrying out the eligible industrial activity of manufacture of carbon steel from cold ferrous feed; and
“(ii) are not a relevant product; and
“(iii) are of saleable quality.
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“(3) Long products of hot-rolled carbon steel and flat products of hot-rolled carbon steel may each be counted as a product only once in relation to the carrying on of the eligible industrial activity of manufacture of carbon steel from cold ferrous feed.
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“(4) For the purposes of this regulation and the Schedule,—
“carbon steel means a material that contains by mass more iron (Fe) than any other single element and has a carbon (C) content of less than 2%
“flat products of hot-rolled carbon steel means hot-rolled carbon steel products that—
“(a) are flat in profile, such as plate and hot-rolled coil; and
“(b) are generally produced in hot strip and plate mills; and
“(c) are generally at least 600 mm wide; and
“(d) are generally no thicker than 150 mm; and
“(e) are produced from continuously cast carbon steel products that are produced as part of carrying on the eligible industrial activity of either the manufacture of carbon steel from cold ferrous feed or the manufacture of iron and steel from iron sand
“long products of hot-rolled carbon steel means hot-rolled carbon steel products that—
“(a) are in coils or straight lengths; and
“(b) are generally produced in rod, bar, and structural (section) mills; and
“(c) are generally of a cross-sectional shape such as I, T, Y, U, V, H, C, L, square, rectangular, round, flat, hexagonal, angle, channel, structural beam profile, or rail profile; and
“(d) are produced from continuously cast carbon steel products that are produced as part of carrying on the eligible industrial activity of either the manufacture of carbon steel from cold ferrous feed or the manufacture of iron and steel from iron sand
“manufacture of carbon steel from cold ferrous feed—
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“(a) means the physical and chemical transformation of cold ferrous feed (for example, ferrous scrap, pig iron, and flat iron) by heating it and melting it into liquid steel and the subsequent casting of the liquid steel to produce 1 or more of the following:
“(i) continuously cast carbon steel products:
“(ii) ingots of carbon steel:
“(iii) hot-rolled carbon steel products that commence hot-rolling at a temperature higher than 800°C; and
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“(b) includes the physical transformation of continuously cast carbon steel products into hot-rolled carbon steel products that commence hot-rolling at a temperature higher than 800°C where the continuously cast carbon steel products are produced at any other facility that conducts—
“(i) the eligible industrial activity of manufacture of carbon steel from cold ferrous feed; or
“(ii) the eligible industrial activity of manufacture of iron and steel from iron sand
“manufacture of iron and steel from iron sand has the meaning given to it in regulation 23(3)
“relevant product means a product that is used as a basis of allocation for the eligible industrial activity of manufacture of iron and steel from iron sand.”
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Schedule |
Schedule
Prescribed emissions intensity and allocative baselinesr 4
Eligible industrial activity Column A Column B Emissions intensity Allocative baseline Aluminium smelting High 10.1304 Manufacture of carbon steel from cold ferrous feed High Product A: 0.3693 Product B: 0.1470 Product C: 0.0940 Manufacture of iron and steel from iron sand High Product A: 3.2613 Product B: 0.1190 Product C: 0.2800 Product D: 0.1630 Production of burnt lime High 1.4674 Production of carbamide (urea) High 1.6245 Production of cartonboard High Product A: 1.1783 Product B: 0.4784 Product C: 0.3377 Production of caustic soda High 1.6585 Production of cementitious products High Product A: 0.9615 Product B: 0.0234 Production of clay bricks and field tiles Moderate Product A: 0.2264 Product B: 0.8813 Product C: 0.2227 Production of cut roses High 0.000991 Production of ethanol Moderate 1.5076 Production of fresh capsicums Moderate 3.6064 Production of fresh cucumbers Moderate 3.4461 Production of fresh tomatoes Moderate 2.6006 Production of gelatine Moderate 6.4607 Production of glass containers Moderate 0.5946 Production of hydrogen peroxide High 1.3950 Production of lactose Moderate 1.4323 Production of market pulp High Product A: 0.6215 Product B: 1.3812 Product C: 1.0463 Production of methanol High 0.7854 Production of newsprint High Product A: 0.5035 Product B: 1.3662 Production of packaging and industrial paper High Product A: 0.4657 Product B: 0.5171 Product C: 0.0961 Production of protein meal Moderate 0.9360 Production of reconstituted wood panels Moderate 0.2134 Production of tissue paper Moderate Product A: 1.2176 Product B: 0.7896 Production of whey powder Moderate 0.8526
Rebecca Kitteridge,
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, which come into force on 1 January 2014, amend the Climate Change (Eligible Industrial Activities) Regulations 2010. The amendments—
amend regulation 19 (which concerns the eligible industrial activity of manufacture of carbon steel from cold ferrous feed) to prescribe the activity in the same manner as the equivalent Australian activity (see sections 161A(3)(b) and 161B of the Climate Change Response Act 2002); and
replace the Schedule (which prescribes the emissions intensity and the allocative baselines for eligible industrial activities and their products) to reclassify the emissions intensity of the eligible industrial activity of manufacture of carbon steel from cold ferrous feed from moderate to high, and to update the allocative baselines for eligible industrial activities to reflect the inclusion of emissions from fugitive coal seam methane and the direct use of liquid fossil fuels in stationary equipment.
Issued under the authority of the Legislation Act 2012.
Date of notification in Gazette: 28 November 2013.
These regulations are administered by the Ministry for the Environment.
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Versions
Climate Change (Eligible Industrial Activities) Amendment Regulations (No 2) 2013
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