Climate Change (Waste) Regulations 2010 (SR 2010/338)

2010/338 Climate Change (Waste) Regulations 2010 Anand Satyanand, Governor-General Order in Council At Wellington this 23rd day of September 2010 Present: His Excellency the Governor-General in Council Pursuant to sections 163 and 164 of the Climate Change Response Act 2002, His Excellency the Governor-General, acting on the rec ommendation of the Minister for the Environment (having had re gard to the matter specified in section 163(5) of the Climate Change Response Act 2002) and on the advice and with the consent of the Executive Council, makes the following regulations. Contents Page 1 Title 2 2 Commencement 2 3 Interpretation 2 4 Information required to calculate emissions from operating disposal facilities 2 5 Method of calculating emissions from operating disposal facilities 3 1 http://www.legislation.govt.nz/pdflink.aspx?id=DLM1662740 r 1 Climate Change (Waste) Regulations 2010 2010/338 Regulations 1 Title These regulations are the Climate Change (Waste) Regulations 2010. 2 Commencement These regulations come into force on 1 January 2011. 3 Interpretation In these regulations, unless the context otherwise requires,— Act means the Climate Change Response Act 2002 class, in relation to waste disposed of at a waste disposal fa cility, means,— (a) if a unique emissions factor is not in force, all the waste: (b) if a unique emissions factor is in force, each class of waste to which a unique emissions factor relates diverted tonnage has the same meaning as in regulation 11(1) of theWaste Minimisation (Calculation and Payment ofWaste Disposal Levy) Regulations 2009 gross tonnage has the same meaning as in regulation 11(1) of the Waste Minimisation (Calculation and Payment of Waste Disposal Levy) Regulations 2009 waste participant means a participant who, in a year, carries out the activity of operating a disposal facility listed in Part 6 of Schedule 3 of the Act. 4 Information required to calculate emissions from operating disposal facilities (1) Awaste participant must measure and record the gross tonnage and diverted tonnage of each class of waste disposed of at each disposal facility operated by the waste participant in the year in accordance with regulations 11 to 14 of the Waste Mini misation (Calculation and Payment of Waste Disposal Levy) Regulations 2009, which apply— (a) as if the definition of— (i) disposal in those regulations were the definition of dispose in section 4(1) of the Act; and 2 http://www.legislation.govt.nz/pdflink.aspx?id=DLM158583 http://www.legislation.govt.nz/pdflink.aspx?id=DLM2055631 http://www.legislation.govt.nz/pdflink.aspx?id=DLM2055631 http://www.legislation.govt.nz/pdflink.aspx?id=DLM1662862 http://www.legislation.govt.nz/pdflink.aspx?id=DLM2055631 http://www.legislation.govt.nz/pdflink.aspx?id=DLM158592 2010/338 Climate Change (Waste) Regulations 2010 r 5 (ii) waste in those regulations were the definition of waste in section 4(1) of the Act; and (b) with any other necessary modifications. (2) The measurements required under subclause (1) may include use of an average tonnage system if the Secretary for the En vironment has approved, in accordance with regulation 15 of the Waste Minimisation (Calculation and Payment of Waste Disposal Levy) Regulations 2009, the use of that system for waste entering the relevant disposal facility. 5 Method of calculating emissions from operating disposal facilities (1) A waste participant must use the following formula to calcu late emissions for each class of waste disposed of at each dis posal facility operated by the waste participant in the year: E = (A – B) × C where— E is the emissions in tonnes for the class of waste A is the gross tonnage of the class of waste B is the diverted tonnage of the class of waste C is,— (a) in relation to a class of waste for which no unique emissions factor is approved by the chief execu tive under section 91 of the Act, the default emis sions factor of 1.10; and (b) in relation to a class of waste for which a unique emissions factor is approved by the chief execu tive under section 91 of the Act, the unique emis sions factor that the chief executive has approved for that class of waste. (2) An annual emissions return submitted by a waste participant must record the waste participant’s total emissions from the activity, calculated by adding together the emissions for each class of waste disposed of at each facility that the waste par ticipant operates. (3) If a waste participant is required to submit an emissions return for a period other than a year, this regulation applies with any necessary modifications. 3 http://www.legislation.govt.nz/pdflink.aspx?id=DLM158592 http://www.legislation.govt.nz/pdflink.aspx?id=DLM2055656 http://www.legislation.govt.nz/pdflink.aspx?id=DLM1662656 http://www.legislation.govt.nz/pdflink.aspx?id=DLM1662656 Explanatory note Climate Change (Waste) Regulations 2010 2010/338 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 2011, pre scribe the method for calculating emissions from disposal facilities. Issued under the authority of the Acts and Regulations Publication Act 1989. Date of notification in Gazette: 24 September 2010. These regulations are administered by the Ministry for the Environment. 12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2010 4 http://www.legislation.govt.nz/pdflink.aspx?id=DLM195097