Resource Management (Energy and Climate Change) Amendment Act 2004

• Jurisdiction: New Zealand
• Citation: 2004 No 2
• Reference: 2004 No 2
• Record Number: DLM237583
• Act Number: 2
• Type of Document: Act

Contenidos

• Resource Management (Energy and Climate Change) Amendment Act 2004
• Contents
• 1 Title
• Part 1
• 2 Commencement
• 3 Purpose
• 4 Interpretation
• Part 2
• 5 Other matters
• 6 New heading and new sections 70A and 70B inserted
• 70A Application to climate change of rules relating to discharge of greenhouse gases
• 70B Implementation of regulations made under section 43
• 7 New heading and new sections 104E and 104F inserted
• 104E Applications relating to discharge of greenhouse gases
• 104F Implementation of regulations made under section 43
• 8 Transitional provision relating to applications made before commencement of Act
• 9 Transitional provision relating to rules made before commencement of Act

Resource Management (Energy and Climate Change) Amendment Act 2004

Contents

1 Title

This Act is the Resource Management (Energy and Climate Change) Amendment Act 2004.

In this Act, the is called the principal Act.

Part 1

2 Commencement

This Act comes into force on the day after the date on which it receives the Royal assent.

3 Purpose

The purpose of this Act is to amend the principal Act—

to make explicit provision for all persons exercising functions and powers under the principal Act to have particular regard to—

1. the efficiency of the end use of energy; and

2. the effects of climate change; and

3. the benefits to be derived from the use and development of renewable energy; and

to require local authorities—

1. to plan for the effects of climate change; but

2. not to consider the effects on climate change of discharges into air of greenhouse gases.

4 Interpretation

Section of the principal Act is amended by inserting, in their appropriate alphabetical order, the following definitions:

.

Part 2

5 Other matters

Section of the principal Act is amended by inserting, after paragraph , the following paragraph:

.

Section of the principal Act is amended by adding the following paragraphs:

6 New heading and new sections 70A and 70B inserted

The principal Act is amended by inserting, after section , the following heading and sections:

70A Application to climate change of rules relating to discharge of greenhouse gases

Despite section 68(3), when making a rule to control the discharge into air of greenhouse gases under its functions under section 30(1)(d)(iv) or (f), a regional council must not have regard to the effects of such a discharge on climate change, except to the extent that the use and development of renewable energy enables a reduction in the discharge into air of greenhouse gases, either—

1. in absolute terms; or

2. relative to the use and development of non-renewable energy.

70B Implementation of regulations made under section 43

7 New heading and new sections 104E and 104F inserted

The principal Act is amended by inserting, after section , the following heading and sections:

104E Applications relating to discharge of greenhouse gases

When considering an application for a discharge permit or coastal permit to do something that would otherwise contravene section 15 or section 15B relating to the discharge into air of greenhouse gases, a consent authority must not have regard to the effects of such a discharge on climate change, except to the extent that the use and development of renewable energy enables a reduction in the discharge into air of greenhouse gases, either—

1. in absolute terms; or

2. relative to the use and development of non-renewable energy.

104F Implementation of regulations made under section 43

If regulations are made under section 43 to control the effects on climate change of the discharge into air of greenhouse gases, a consent authority, when considering an application for a discharge permit or coastal permit to do something that would otherwise contravene section 15 or section 15B,—

1. may grant the application, with or without conditions, or decline it, as necessary to implement the regulations; but

2. in making its determination, must be no more or less restrictive than is necessary to implement the regulations.

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