Civil Aviation Act 2023

Regulations and miscellaneous provisions - Regulations - Regulations relating to carbon offsetting and reduction scheme for international aviation

409: Regulations relating to carbon offsetting and reduction scheme for international aviation

You could also call this:

"Rules for reducing carbon emissions from international flights"

The Governor-General can make rules about carbon offsetting and reduction for international aviation. You need to know these rules are for the purposes of subpart 3 of Part 6. The rules will cover things like how flights are attributed to New Zealand operators.

The rules will also say how operators must report their emissions and by when. You will have to follow the rules about what to include in an emissions monitoring plan. The rules will explain how to calculate fuel emissions and how to monitor fuel use.

The Governor-General's rules can also cover things like dealing with gaps in information and calculating offsetting requirements. The rules will say what units are eligible and how operators must cancel them. You will have to follow the rules about verifying reports and keeping records.

The rules made under this section are secondary legislation, which means they have to be published, as explained in Part 3 of the Legislation Act 2019. These rules will help implement the carbon offsetting and reduction scheme for international aviation. The scheme is based on Annex 16, Vol IV of the Convention, and the rules will cover any other matters necessary to implement it.

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Part 10Regulations and miscellaneous provisions
Regulations: Regulations relating to carbon offsetting and reduction scheme for international aviation

409Regulations relating to carbon offsetting and reduction scheme for international aviation

  1. The Governor-General may, by Order in Council, on the recommendation of the Minister, make regulations for the purposes of subpart 3 of Part 6 providing for—

  2. how an eligible New Zealand operator may be attributed to New Zealand for the purpose of Annex 16, Vol IV of the Convention:
    1. how flights are to be attributed to an eligible New Zealand operator:
      1. reporting periods and the time by which any plan, report, or other thing must be submitted to the Secretary:
        1. the content of an emissions monitoring plan:
          1. the method or methods by which fuel emissions may be calculated (including the reduction of emissions from the use of sustainable fuels):
            1. the method or methods by which fuel use may be monitored:
              1. procedures for dealing with gaps in information about fuel use:
                1. the method or methods by which the Secretary may calculate offsetting requirements:
                  1. eligible units and the requirements for an eligible New Zealand operator to cancel eligible units:
                    1. requirements in relation to the verification of reports:
                      1. persons preparing verification reports to submit the reports to the Secretary:
                        1. the manner in which any matter may be documented or proved:
                          1. requirements for the keeping of records by any person for any purposes under subpart 3 of Part 6:
                            1. requirements for the supply of information to the Secretary by an eligible New Zealand operator and the process for dealing with inconsistencies in the information:
                              1. matters concerning the application of subpart 3 of Part 6 to a person who has been an eligible New Zealand operator, including, without limitation, the time by which the operator must submit for approval, and implement, its first emissions monitoring plan:
                                1. the emissions information required to be provided for the purpose of section 213:
                                  1. any other matter necessary or desirable to implement Annex 16, Vol IV of the Convention.
                                    1. Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                                    Notes