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.

These regulations are made under sections 163 and 164 of the Climate Change Response Act 2002—

(a)

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

(b)

on the recommendation of the Minister of Climate Change made after complying with the requirements in sections 3A, 3B, 163(5), and 166 of that Act.

Regulations

1 Title

These regulations are the Climate Change (Unique Emissions Factors) Amendment Regulations 2024.

2 Commencement

(1)

Regulations 4 and 5 come into force on 1 January 2025.

(2)

Regulation 7 comes into force on 1 January 2026.

Regulation 2(2): amended, on 31 December 2025, by regulation 6 of the Climate Change (Unique Emissions Factors) Amendment Regulations 2025 (SL 2025/214).

3 Principal regulations

These regulations amend the Climate Change (Unique Emissions Factors) Regulations 2009.

4 Regulation 16 amended (Requirements for applications for unique emissions factor approval for geothermal fluid use calculated by reference to steam production)

(1)

In regulation 16(1), after “must”, insert “, unless relying on subclause 2A, 2B, or 2C,”.

(2)

In regulation 16(1)(e), formula, replace “A” with “A_S” in each place.

(3)

After regulation 16(2), insert:

(2A)

A geothermal participant who wishes to claim an alternative to the unique emissions factor calculated under subclause (1) to account for the vapour being discharged from the class of geothermal fluid into a geothermal field must—

(a)

obtain representative samples of the vapour being discharged in accordance with the procedures and standards referred to in subclause (1)(a); and

(b)

have the tests referred to in subclause (1)(b) carried out on each of the samples of the vapour being discharged by a person or laboratory that is accredited as complying with that subclause; and

(c)

measure the vapour discharge flow rates and the pressure and temperature of the vapour flow at the discharge point or, if the system has multiple discharge points, at each discharge point; and

(d)

calculate an emissions factor for the vapour being discharged in accordance with the following formula:

UEF = m_CO2 + (m_CH4 × 28)

where—

UEF: is the unique emissions factor for the class of geothermal fluid expressed in tonnes of carbon dioxide equivalent gases per tonne of steam (tCO₂e/t steam)
m_CH4: is the mean mass fraction of CH₄ in the vapour being discharged as determined by reference to the results of the tests referred to in paragraph (b) and expressed in tCH₄/t vapour
m_CO2: is the mean mass fraction of CO₂ in the vapour being discharged as determined by reference to the results of the tests referred to in paragraph (b) and expressed in tCO₂/t vapour.

(2B)

A geothermal participant who wishes to claim an alternative to the unique emissions factor calculated under subclause (1) to account for the brine input from the class of geothermal fluid into a geothermal field must—

(a)

obtain representative samples of the brine input in accordance with the procedures and standards referred to in subclause (1)(a); and

(b)

have the tests referred to in subclause (1)(b) carried out on each of the samples of the brine input by a person or laboratory that is accredited as complying with that subclause; and

(c)

measure the tonnes of steam, brine, or vapour per hour at, or downstream of, each point at which representative samples are obtained; and

(d)

calculate an emissions factor for the brine input in accordance with the following formula:

EF_B = m_CO2 + (m_CH4 × 28)

where—

EF_B: is the emissions factor for the brine input expressed in tCO2e/t brine (tCO₂e/t steam)
m_CH4: is the mean mass fraction of CH₄ in the brine input as determined by reference to the results of the tests referred to in paragraph (b) and expressed in tCH₄/t brine
m_CO2: is the mean mass fraction of CO₂ in the brine input as determined by reference to the results of the tests referred to in paragraph (b) and expressed in tCO₂/t brine; and

(e)

calculate the unique emissions factor for brine input from the class of geothermal fluid into a geothermal field in accordance with the following formula:

UEF = [∑(EF_S × A_S) ÷ ∑A_S] + [∑(EF_B × A_B) ÷ ∑A_B]
− [∑(EF_R × A_R) ÷ ∑A_R]

where—

A_B: is the tonnes of brine measured at the brine input per hour in accordance with paragraph (c)
EF_B: is the emissions factor for the brine input calculated in accordance with paragraph (d)
A_R: is the tonnes of reinjection fluid per hour measured in accordance with paragraph (c)
EF_R: is,—

(a)

if an adjustment for reinjection is claimed, the emissions factor for the reinjection fluid as calculated under subclause (2)(c); or

(b)

if no adjustment for reinjection is claimed, zero
A_S: is the tonnes of steam at each separation or mix point per hour measured in accordance with paragraph (c)
EF_S: is the emissions factor for the relevant steam separation or mix point calculated under subclause (1)(d)
UEF: is the unique emissions factor for the class of geothermal fluid expressed in tonnes of carbon dioxide equivalent gases per tonne of steam (tCO₂e/t steam).

(2C)

A geothermal participant who wishes to claim an alternative to the unique emissions factor calculated under subclause (1) to account for 100% reinjection of non-condensable gases into a geothermal field must—

(a)

undergo inspection by a recognised verifier to verify that 100% reinjection of non-condensable gases is occurring; and

(b)

submit the following material to the recognised verifier:

(i)

evidence of a permanent connection of the non-condensable gas offtake to a reinjection pipeline:

(ii)

a recorded indicator of non-condensable gas emissions, obtained with a non-condensable gas flowmeter, a temperature gauge on the emission line, or another indicator that positively records when emissions are occurring:

(iii)

evidence that any small discharges to the atmosphere, which may occur on start-up, station trips, or another similar occurrence, are less than 4,000 tonnes per year; and

(c)

if small discharges to the atmosphere exceed 4,000 tonnes per year but a permanent connection of the non-condensable gas offtake to a reinjection pipeline remains in use, the geothermal participant may continue to use the emissions factor of zero obtained under that subclause, but they must—

(i)

collect and record a standard flow rate for each non-condensable gas emission; and

(ii)

calculate their non-condensable gas emissions in relation to each class of geothermal fluid in the year in accordance with the method set out in regulation 20 of the Climate Change (Stationary Energy and Industrial Processes) Regulations 2009; and

(iii)

use in that calculation the emissions factor for the class of geothermal fluid listed in Part A of table 6 in Schedule 2 of those regulations, instead of the participant’s unique emissions factor of zero.

(4)

After regulation 16(3)(b)(ii), insert:

(iii)

if relating to vapour discharge, at the point at which the discharge occurs; or

(iv)

at the point of brine input:

5 Regulation 17 amended (Requirements for applications for unique emissions factor approval for geothermal fluid use calculated by reference to non-condensable gas concentrations)

(1)

In regulation 17(1)(c), formula, replace “EF_fluid” with “EF_B” in each place.

(2)

In regulation 17(1)(d), formula, replace “EF_fluid” with “EF_B” in each place.

6 Regulation 23C amended (Requirements relating to application for unique emissions factor approval in relation to LFG collection and destruction system)

[Revoked]

Regulation 6: revoked, on 31 December 2025, by regulation 6 of the Climate Change (Unique Emissions Factors) Amendment Regulations 2025 (SL 2025/214).

7 Schedule 2 amended

(1)

In Schedule 2, table, first column heading, after “equipment”, insert “or method”.

(2)

In Schedule 2, table, insert as the last item:

Provided to be upgraded to biomethane

0.99

8 Schedule 3 replaced

[Revoked]

Regulation 8: revoked, on 31 December 2025, by regulation 6 of the Climate Change (Unique Emissions Factors) Amendment Regulations 2025 (SL 2025/214).

Schedule Schedule 3 replaced

r 8

Schedule 3 First-order decay model parameters

r 23C

Waste stream component	Current default waste composition data (SWAP)	Waste composition until 1 January 2023	Waste composition until 1 January 2016	IPCC DOC	Equivalent methane generation potential Lo (m³ CH₄/tonne)	Decay rate constant k
Food	9.0%	16.8%	0.0%	0.15	75	0.185
Garden	5.7%	8.3%	23.3%	0.20	100	0.100
Nappies and sanitary	2.5%	3.0%	2.7%	0.24	120	0.100
Paper	5.9%	10.7%	14.9%	0.40	200	0.060
Sewage sludge	1.9%	3.9%	0.0%	0.05	25	0.185
Textiles	5.0%	5.6%	3.9%	0.24	120	0.060
Timber	12.6%	11.9%	13.9%	0.43	215	0.030
Inert	57.3%	39.8%	41.3%	0.00	0	0.000

Nicola Purvis,
Acting Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 26 September 2024.

Notes

1 General

This is a consolidation of the Climate Change (Unique Emissions Factors) Amendment Regulations 2024 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 (Unique Emissions Factors) Amendment Regulations 2025 (SL 2025/214): regulation 6

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