Land Transport (Clean Vehicles) Amendment Act (No 2) 2022
Part 1 heading: editorial change made, on 26 September 2023, under sections 86(1) and 87(l)(i) of the Legislation Act 2019 (2019 No 58).
Land Transport (Clean Vehicles) Amendment Act (No 2) 2022
Public Act |
2022 No 64 |
|
Date of assent |
25 November 2022 |
|
Commencement |
see section 2 |
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Land Transport (Clean Vehicles) Amendment Act (No 2) 2022.
2 Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
Part 1 Amendments to Land Transport Act 1998
3 Principal Act
This Part amends the Land Transport Act 1998.
4 Section 167C amended (Regulations for purposes of Part 13 (clean vehicle standard))
(1)
In section 167C(1)(n), after “section 177”
, insert “or 182”
.
(2)
In section 167C(1)(o), after “section 177”
, insert “or 182”
.
5 Section 185 amended (Vehicle importers must hold carbon dioxide accounts)
In section 185(1), replace “light vehicle”
with “Type A or Type B vehicle”
.
6 Section 187 amended (Carbon dioxide account information required for vehicle importation)
In section 187, replace “light vehicle”
with “Type A or Type B vehicle”
.
7 Section 189 amended (Opening carbon dioxide accounts)
In section 189(1), replace “light vehicle”
with “Type A or Type B vehicle”
.
8 Schedule 1 amended
In Schedule 1,—
(a)
insert the Part set out in the Schedule of this Act as the last Part; and
(b)
make all necessary consequential amendments.
Part 2 Amendments to Land Transport (Clean Vehicle Standard) Regulations 2022
9 Principal regulations
This Part amends the Land Transport (Clean Vehicle Standard) Regulations 2022.
10 Regulation 14 amended (How carbon dioxide accounts must be operated)
After regulation 14(4), insert:
(5)
Subclause (6) applies if a category 2 light vehicle importer imports vehicles in the period starting on 1 January 2023 and ending on 31 May 2023 (the period).
(6)
Before any transfer of credits in respect of vehicles imported in the period is effected under section 184 of the Act and regulation 17, the account holder must make the credits available for offsetting, and the Director may offset the credits against any charges payable by the importer in respect of other vehicles imported in the period.
(7)
Subclauses (5) and (6) and this subclause are revoked on 30 June 2023.
11 Regulation 28 amended (Certain information in CVS system and record of carbon dioxide accounts to be publicly available)
After regulation 28(2), insert:
(3)
Subclause (1) does not apply before 1 June 2023.
(4)
Before the information described in subclause (1) is made publicly available, any person who wishes to receive that information must apply to the Director via the Agency’s Internet site in accordance with regulation 29.
(5)
Subclauses (3) and (4) and this subclause are revoked on 30 June 2023.
12 Regulation 31 amended (Recovery of unpaid charges)
In regulation 31, replace “section 177”
with “section 177 or 182”
.
Schedule New Part 5 inserted into Schedule 1
Part 5 Provisions relating to Land Transport (Clean Vehicles) Amendment Act (No 2) 2022
22 Transitional provision applying to vehicles imported before 1 June 2023 by category 2 light vehicle importers
(1)
This clause applies if the carbon dioxide emissions of a vehicle that is imported in the period starting on 1 January 2023 and ending on 31 May 2023 by a category 2 light vehicle importer exceed the importer’s target that applies in respect of that vehicle.
(2)
For the purpose of paying any charge under section 182, the vehicle is deemed to be imported on 1 June 2023.
(3)
To avoid doubt, subclause (2) only affects the date on which a charge is payable, and does not affect any other obligations under this Act, including the information to be recorded in the vehicle importer’s carbon dioxide account.
23 Deferred date for transfer of credits under section 184
Despite sections 180(1) and (2) and 184(1) and (2), a light vehicle importer may not transfer carbon dioxide credits in their carbon dioxide account to the carbon dioxide account of another light vehicle importer before 1 June 2023.
Legislative history
22 November 2022 |
Introduction (Bill 195–1), first reading, second reading, committee of the whole House, third reading |
|
25 November 2022 |
Royal assent |
This Act is administered by the Ministry of Transport.