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You must be carrying out the activity and producing the product exactly as described in the regulations to be eligible to apply for allocation. Before you fill out the application form, make sure you understand:
Read the regulations here: Climate Change (Eligible Industrial Activities) Regulations 2010
There are two types of application:
If you submit a...
you receive your NZUs...
the production data required is for...
next application period you are required to...
and if you stop carrying out the activity you are required to...
|Provisional Application||in advance||the previous calendar year||submit a provisional or annual adjustment application||submit a closing allocation adjustment within 20 days|
|Final Application||in arrears||the previous calendar year||do nothing||do nothing|
If you receive NZUs in advance, you must make an allocation adjustment based on your actual production for that year. This 'squares up' what you received in advance with what you are actually entitled to. There are two types of allocation adjustment:
You must submit your application using the online application form by the following statutory deadlines:
EXCEPTION: If a regulation has been in force for less than a year, the deadline for applying for a final allocation is either 30 April or three months after the regulation comes into force – whichever is later. The deadline for a provisional allocation is three months after the regulation comes into force.
Please note that the Climate Change Response Act does not allow the Chief Executive to accept a late application. To receive an allocation, you need to apply no later than the statutory deadlines. We recommend that you apply well before the statutory deadlines.
To calculate your entitlement and apply for an allocation, you need to know the amount of prescribed product you produced during the calendar year.
If you receive NZUs for a certain year, you must keep records of certain information for seven years after the end of the year for which you received them. You must assess for yourself which records will be sufficient to enable certain matters to be verified. Below are the matters you must be able to verify and some examples of the kind of records you might keep.
|What must be able to be verified:||Example(s) of records you might keep|
|Proof that you are eligible to apply.||
|Calculations relating to your allocation of NZUs, including any adjustments to the allocated units.||
You must keep:
You might also need to keep:
|The amount of product produced during the year.||
For the purposes of Industrial Allocation, an unincorporated body is an identifiable group of associated persons or organisations that jointly carry out an eligible industrial activity that are not incorporated. Unincorporated bodies include a partnership, joint venture or trustees of a trust.
Members of an incorporated body are generally specific legal entities in their own right (e.g. limited liability companies, a partner in a partnership, or individual persons).
If an unincorporated body wishes to apply for an industrial allocation, the following form must be completed and filed at the same time as the Application for allocation of NZUs.
There are penalties under the Climate Change Response Act 2002 for providing false information on applications for industrial allocation, and failing to keep required records. Make sure that any data you submit on your application can be supported with your records. Penalties may include being required to repay any over allocated units, a fine of up to $50,000 and imprisonment for up to five years.
Disclaimer: These web pages are intended to provide general information in summary form. The contents are not a substitute for getting your own advice on the provisions in the Climate Change Response Act 2002 or the Climate Change (Eligible Industrial Activities) Regulations 2010.
Last updated: 1 May 2013