Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698846352019.pdf (New Zealand)
Reprint as at 1 January 2008 Climate Change Response Act 2002 Public Act Date of assent 2002 No 40 18 November 2002 Title Contents Part 1 Preliminary provisions Commencement Purpose Interpretation Act binds the Crown Page 4 5 5 5 13 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
1 Climate Change Response Act 2002 Reprinted as at 1 January 2008 Part 2 Institutional arrangements 6 7 8 8A 9 Subpart 1—Powers of Minister of Finance Minister of Finance may carry out trading activities with respect to units Minister of Finance may give directions to Registrar regarding accounts and units Registrar must give effect to directions of Minister of Finance Minister of Finance must publish directions Minister of Finance may obtain information from inventory agency and Registrar Subpart 2—Registry Purpose of Registry 10 Purpose of Registry Registrar Appointment of Registrar Registrar responsible for Registry Registrar may refuse access to, or suspend operation of, Registry Registrar must give effect to directions Registrar must allocate unique numbers Carry­over of units Commitment period reserve Unit register Form and content of unit register Opening holding accounts Closing holding accounts Transfer of units Succession Trusts, representatives, and assignees of bankrupts Offset of units Transactions must be registered Registration procedure Electronic registration Defective applications Transactions take effect when registered Receiving units from overseas registries Priority of registration 18A 18B 18C 18D 18E 19 20 21 21A 21B Reprinted as at 1 January 2008 Climate Change Response Act 2002 25 26 27 28 29 30 30A Correction of unit register Unit register must be open for search
 Information accessible by search Search of unit register Printed search result receivable as evidence Recovery of fees Crown or Registrar not liable in relation to searches in certain cases Expiry of long­term certiﬁed emission reduction units and temporary certiﬁed emission reduction units 30B 30C 30D Expiry of long­term certiﬁed emission reduction units Replacement of certain long­term certiﬁed emission reduction units Expiry of temporary certiﬁed emission reduction units Subpart 3—Inventory agency Meaning of
 greenhouse gas Primary functions of inventory agency Inventory agency under direction of Minister responsible for inventory agency Record keeping Publication Part 3 Compliance Inspectors Authorisation of inspectors Power to enter land or premises to collect information to estimate emissions or removals of greenhouse gases Limitation on power of entry under section 37 Power of entry for inspection Applications for warrants Entry of defence areas Proof of authority must be produced Notice of entry Information obtained under section 39 or section 40 only admissible in proceedings for alleged breach of regulations made under section 50(2) Return of items seized s 1 46 47 48 48A 49 50 51 52 53 Climate Change Response Act 2002 Reprinted as at 1 January 2008 Offences and penalties Failing to provide required information to inventory agency Obstructing, hindering, resisting, or deceiving person exercising power under Act Signing false declaration Providing false or misleading information to Registrar Miscellaneous provisions Reporting Regulations Incorporation by reference Inventory agency must report to Minister responsible for inventory agency on certain matters before certain regulations are made Consequential amendments Schedule 1 United Nations Framework Convention on Climate Change Annex I Annex II Schedule 2 Kyoto Protocol to the United Nations
 Framework Convention on Climate Change Annex A Annex B 41 41 42 42 42 42 46 46 47 48 77 79 80 106 107 The Parliament of New Zealand enacts as follows: Title This Act is the Climate Change Response Act 2002.
1 4 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Part 1 s 4 2 3 (1) Part 1 Preliminary provisions Commencement This Act comes into force on a date to be appointed by the Governor­General by Order in Council; and 1 or more orders may be made bringing different provisions into force on dif­ ferent dates.
Section 2: section 1, Part 1, subpart 3 of Part 2, sections 36­49, 50(1)(b), 50(1)(i)­(k), 50(2)­(7), 52, and 53 brought into force, on 1 August 2003, by clause 2 of the Climate Change Response Act Commencement Order 2003 (SR 2003/151).

Section 2: subparts 1 and 2 of Part 2, sections 50(1)(a), (c)­(h), and 51 brought into force, on 19 November 2007, by clause 2 of the Climate Change Response Act Commencement Order 2007 (SR 2007/336).
Purpose The purpose of this Act is to enable New Zealand to meet its international obligations under the Convention and the Proto­ col, including, but not limited to,— (a) its obligation under Article 3.1 of the Protocol to retire units equal to the number of metric tonnes of carbon dioxide equivalent of human­induced greenhouse gases emitted from the sources listed in Annex A of the Proto­ col in New Zealand in the ﬁrst commitment period; and its obligation to report to the Conference of the Parties via the Secretariat under Article 7 of the Protocol and Article 12 of the Convention.
(b) (2) A person who exercises a power or discretion, or carries out a duty, under this Act must exercise that power or discretion, or carry out that duty, in a manner that is consistent with the purpose of this Act.

Subsection (1)(a) was amended, as from 14 November 2006, by section 4 Cli­ mate Change Response Amendment Act 2006 (2006 No 59) by inserting the word “ﬁrst” after the words “New Zealand in the”.
4 (1) Interpretation In this Act, unless the context otherwise requires,— 5 Part 1 s 4 Climate Change Response Act 2002 Reprinted as at 1 January 2008 assigned amount unit means a unit issued out of a Party’s initial assigned amount and designated as an assigned amount unit (or AAU) by— (a) (b) the Registry; or an overseas registry of a Party listed in Annex B of the Protocol cancel, in relation to a unit, means the transfer of the unit to a cancellation account, rendering it incapable of being further transferred, retired, carried over, or cancelled carbon dioxide equivalent, in relation to a gas in Annex A of the Protocol, means the amount, in metric tonnes, of car­ bon dioxide that would produce the same global warming as the amount of that gas, calculated by multiplying the metric tonnes of that gas by its global warming potential (as deter­ mined under Article 5.3 of the Protocol) carry over means the transfer of an assigned amount unit, cer­ tiﬁed emission reduction unit, or emission reduction unit from the relevant commitment period to a subsequent commitment period so that the unit remains capable of being transferred, retired, cancelled, or carried over in that subsequent commit­ ment period carry over: this deﬁnition was amended, as from 1 August 2003, by section 5(1)(a) Climate Change Response Amendment Act 2006 (2006 No 59) by in­ serting the word “relevant” after the words “unit from the”.
CDM registry means the registry established and maintained as the clean development mechanism registry under Article 12 of the Protocol certiﬁed emission reduction unit means a unit derived from a clean development mechanism project, issued by the CDM registry, and designated as a certiﬁed emission reduction unit (or CER) by the CDM registry clean development mechanism project means a project undertaken under Article 12 of the Protocol for the beneﬁt of a Party not listed in Annex I of the Convention clean development mechanism project: this deﬁnition was amended, as from 1 August 2003, by section 5(1)(b) Climate Change Response Amendment Act 2006 (2006 No 59) by omitting the words “that results in certiﬁed emission reductions”.
6 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Part 1 s 4 commitment period[Repealed] commitment period: this deﬁnition was repealed, as from 1 August 2003, by section 5(3) Climate Change Response Amendment Act 2006 (2006 No 59).
[Repealed] commitment period reserve means a number of units equal to the lesser of— (a) 90% of the assigned amount units issued out of New Zealand’s initial assigned amount; or 5 times the number of metric tonnes of carbon dioxide equivalent of human­induced greenhouse gases emitted from the sources listed in Annex A of the Protocol in the most recent year, as estimated by the most recent inventory of greenhouse gases that has been reported in accordance with Article 7 of the Protocol and reviewed in accordance with Article 8 of the Protocol (b) Conference of the Parties means the Conference of the Par­ ties to the Convention Convention means the United Nations Framework Conven­ tion on Climate Change done at New York on 9 May 1992, a copy of the English text of which is set out in Schedule 1 designated operational entity means an operational entity designated under Article 12(5) of the Protocol designated operational entity: this deﬁnition was inserted, as from 1 August 2003, by section 5(2) Climate Change Response Amendment Act 2006 (2006 No 59).
elect, in relation to a sink activity under Article 3.4 of the Protocol, means that a Party has advised the Secretariat of its intention to report to the Secretariat on that activity for the pur­ pose of compliance with that Party’s obligations under Article 3.1 of the Protocol emission reduction unit means a unit derived from a joint im­ plementation project, issued by converting an assigned amount unit or removal unit, and designated as an emission reduction unit (or ERU) by— (a) (b) the Registry; or an overseas registry of a Party listed in Annex B of the Protocol 7 Part 1 s 4 Climate Change Response Act 2002 Reprinted as at 1 January 2008 executive board means the board established under Article 12(4) of the Protocol executive board: this deﬁnition was inserted, as from 1 August 2003, by section 5(2) Climate Change Response Amendment Act 2006 (2006 No 59).
expire or expiry, in relation to a long­term certiﬁed emission reduction unit or a temporary certiﬁed emission reduction unit, means a unit that is no longer capable of being— (a) transferred to any account other than the general can­ cellation account; or retired (b) expire or expiry: this deﬁnition was inserted, as from 1 August 2003, by section 5(2) Climate Change Response Amendment Act 2006 (2006 No 59).
ﬁrst commitment period means the commitment period from 1 January 2008 to 31 December 2012 (inclusive) ﬁrst commitment period: this deﬁnition was inserted, as from 1 August 2003, by section 5(3) Climate Change Response Amendment Act 2006 (2006 No 59).
general cancellation account means an account in the Regis­ try for the purpose of holding units on behalf of the Crown that are cancelled for any reason other than sink activities being a source of emissions or a determination that New Zealand is not in compliance with Article 3.1 of the Protocol greenhouse gas means a gas listed in Annex A of the Protocol holding account means an account in the Registry for the pur­ pose of holding units that have not been retired or cancelled holding account: this deﬁnition was amended, as from 1 August 2003, by sec­ tion 5(1)(c) Climate Change Response Amendment Act 2006 (2006 No 59) by omitting the words “on behalf of the Crown”.
independent transaction log means an independent log es­ tablished and maintained by the Secretariat to conﬁrm the val­ idity of transactions, including the issue and transfer of units between registries and between accounts in the Registry independent transaction log: this deﬁnition was amended, as from 1 August 2003, by section 5(1)(d) Climate Change Response Amendment Act 2006 (2006 No 59) by substituting the words “and transfer” for the words “, transfer, and acquisition”.
indirect greenhouse gas — (a) means a gas that— (i) reacts with other gases to form a greenhouse gas; or 8 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Part 1 s 4 (ii) changes the chemistry of the atmosphere in a way that increases the lifetime of other greenhouse gases; and includes, but is not limited to, carbon monoxide, nitro­ gen oxides, non­methane volatile organic compounds, and sulphur dioxide (b) industrial or trade premises means any premises used for any industrial or trade purposes, or any premises used for the storage, transfer, treatment, or disposal of waste materials or for other waste­management purposes; but does not include any production land initial assigned amount means the allowance of emissions of greenhouse gas assigned to a Party listed in Annex B of the Protocol, measured in metric tonnes of carbon dioxide equiva­ lent, and calculated under Articles 3.7 and 3.8 of the Protocol inventory agency means the person who is for the time being the chief executive of the Ministry for the Environment joint implementation project means a project aimed at re­ ducing the human­induced emissions of greenhouse gases by sources or enhancing the human­induced removals by sink ac­ tivities of a Party listed in Annex I of the Convention that is undertaken under Article 6 of the Protocol local authority means a local authority within the meaning of the Local Government Act 2002. local authority: this deﬁnition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84).
See sections 273 to 314 of that Act as to the savings and transitional provisions.
long­term certiﬁed emission reduction replacement ac­ count means an account in the Registry— (a) for the purpose of— (i) replacing long­term certiﬁed emission reduction units in that account or the retirement account, before they are due to expire, with assigned amount units, certiﬁed emission reduction units, emission reduction units, or removal units; or replacing long­term certiﬁed emission reduction units, no more than 30 days before they are due to expire as a result of a reversal of sinks or non­ receipt of a certiﬁcation report, with— (ii) 9 Part 1 s 4 Climate Change Response Act 2002 Reprinted as at 1 January 2008 (B) (A) assigned amount units, certiﬁed emission reduction units, emission reduction units, or removal units; or long­term certiﬁed emission reduction units from the same clean development mechanism project; and (b) that is limited to the relevant commitment period long­term certiﬁed emission reduction replacement account: this deﬁnition was inserted, as from 1 August 2003, by section 5(2) Climate Change Response Amendment Act 2006 (2006 No 59).
long­term certiﬁed emission reduction unit means a unit de­ rived from a clean development mechanism project, issued by the CDM registry, and designated as a long­term certiﬁed emission reduction unit (or lCER) by the CDM registry long­term certiﬁed emission reduction unit: this deﬁnition was inserted, as from 1 August 2003, by section 5(2) Climate Change Response Amendment Act 2006 (2006 No 59).
Minister means the Minister of the Crown who, under the au­ thority of any warrant or with the authority of the Prime Min­ ister, is for the time being responsible for the administration of this Act Minister responsible for the inventory agency means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the inventory agency Minister responsible for the Registry means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being respon­ sible for the Registry non­compliance cancellation account means an account in the Registry for the purpose of holding any units on behalf of the Crown that are cancelled as a result of a determination that New Zealand is not in compliance with Article 3.1 of the Protocol ordinary hours of business means the hours of 8 am to 6 pm from Monday to Friday overseas registry means— (a) a registry of a Party listed in Annex B of the Protocol (other than New Zealand): 10 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Part 1 s 4 the CDM registry (b) Party means a Party to the Protocol performance, in relation to ruminants and other farmed live­ stock, means the production statistics with respect to those ani­ mals, including, but not limited to, weight, milk production, lambing and calving percentage, and wool weight previous commitment period means a commitment period, including (but not limited to) the ﬁrst commitment period, that— (a) (b) is speciﬁed or determined under the Protocol; and begins and ends before a subsequent commitment period previous commitment period: this deﬁnition was inserted, as from 1 August 2003, by section 5(2) Climate Change Response Amendment Act 2006 (2006 No 59).
production land means any land used for the production of primary products (including agricultural, pastoral, horticul­ tural, and forestry products); but does not include any build­ ings Protocol means the Protocol to the United Nations Framework Convention on Climate Change done at Kyoto on 11 Decem­ ber 1997, a copy of the English text of which is set out in Schedule 2 Registry means the Registry established in New Zealand for the purpose set out in section 10 relevant commitment period means a commitment period that is speciﬁed or determined under the Protocol, and— (a) (b) this deﬁnition was inserted, as from 1 August relevant commitment period: 2003, by section 5(2) Climate Change Response Amendment Act 2006 (2006 No 59).
removal unit means a unit— (a) in which a particular activity or transaction occurs; or to which an account or unit is associated derived from a Party’s sink activities that result in a net removal of greenhouse gases; and designated as a removal unit (or RMU) by— (i) (ii) the Registry; or an overseas registry of a Party listed in Annex B of the Protocol (b) 11 Part 1 s 4 Climate Change Response Act 2002 Reprinted as at 1 January 2008 representative identiﬁer means a unique number assigned to the representative of the account holder retire, in relation to a unit, means the transfer of that unit to a retirement account in the Registry, rendering it incapable of being further transferred, retired, carried over, or cancelled retirement account means an account in the Registry for the purpose of holding units that the Minister of Finance has re­ tired on behalf of the Crown Secretariat means the Secretariat of the Convention sink activity, in relation to greenhouse gas removals, means— an activity under Article 3.3 of the Protocol; or (a) (b) an elected activity under Article 3.4 of the Protocol sink cancellation account means an account in the Registry for the purpose of holding units that the Minister of Finance has cancelled on behalf of the Crown as a result of sink activ­ ities resulting in a net source of emissions subsequent commitment period means a commitment period that— (a) (b) subsequent commitment period: this deﬁnition was inserted, as from 1 August 2003, by section 5(2) Climate Change Response Amendment Act 2006 (2006 No 59).
supervisory committee means the committee established to supervise the veriﬁcation of emission reduction units gener­ ated by project activities under Article 6 of the Protocol temporary certiﬁed emission reduction replacement ac­ count means an account in the Registry— (a) is speciﬁed or determined under the Protocol; and begins and ends after a previous commitment period for the purpose of replacing temporary certiﬁed emis­ sion reduction units, before they are due to expire, with assigned amount units, certiﬁed emission reduction units, emission reduction units, removal units, or tem­ porary certiﬁed emission reduction units that are due to expire in a subsequent commitment period; and (b) that is limited to the relevant commitment period temporary certiﬁed emission reduction replacement account: this deﬁnition was inserted, as from 1 August 2003, by section 5(2) Climate Change Response Amendment Act 2006 (2006 No 59).
12 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Part 2 s 6 temporary certiﬁed emission reduction unit means a unit derived from a clean development mechanism project issued by the CDM registry, and designated as a temporary certiﬁed emission reduction unit (or tCER) by the CDM registry temporary certiﬁed emission reduction unit: this deﬁnition was inserted, as from 1 August 2003, by section 5(2) Climate Change Response Amendment Act 2006 (2006 No 59).
units means all of the unit types speciﬁed in, or in accordance with, the Protocol (namely, assigned amount units, certiﬁed emission reduction units, emission reduction units, long­term certiﬁed emission reduction units, removal units, and tempo­ rary certiﬁed emission reduction units).

units: 5(4) Climate Change Response Amendment Act 2006 (2006 No 59).
Terms and expressions used and not deﬁned in this Act but deﬁned in the Convention or Protocol have, unless the context otherwise requires, the same meaning as in the Convention or Protocol.

this deﬁnition was substituted, as from 1 August 2003, by section Act binds the Crown This Act binds the Crown.
Part 2 Institutional arrangements Subpart 1—Powers of Minister of Finance Minister of Finance may carry out trading activities with respect to units The Minister of Finance may, on behalf of the Crown,— (a) direct the Registrar to establish or close holding ac­ counts: direct the Registrar to transfer units to any holding ac­ count in the Registry or to an overseas registry: buy or sell units, or otherwise acquire or dispose of units: enter into agreements to buy or sell units, or otherwise acquire or dispose of units, with any person (including any other Party): (b) (c) (d) (2) 5 6 13 Part 2 s 7 Climate Change Response Act 2002 Reprinted as at 1 January 2008 (e) (f) buy or sell, or enter into any agreement to buy or sell, or otherwise acquire or dispose of, any ﬁnancial deriva­ tives or other ﬁnancial instruments relating to units or in connection with transactions relating to units: appoint agents to conduct the activities referred to in paragraphs (a) to (e) on the terms and conditions that the Minister of Finance thinks ﬁt.
Minister of Finance may give directions to Registrar regarding accounts and units The Minister of Finance may give directions to the Registrar to— (a) establish the following accounts in the Registry for the Crown: (i) (ii) (iii) (iv) (v) a sink cancellation account: a non­compliance cancellation account: a general cancellation account: a retirement account: a long­term certiﬁed emission reduction replace­ ment account: a temporary certiﬁed emission reduction replace­ ment account: (vi) (b) (c) (d) (da) issue assigned amount units in the Registry: issue removal units or emission reduction units: transfer units (other than long­term certiﬁed emission reduction units or temporary certiﬁed emission reduc­ tion units) from holding accounts to the general can­ cellation account, the long­term certiﬁed emission re­ duction replacement account, the non­compliance can­ cellation account, the retirement account, the temporary certiﬁed emission reduction replacement account, or the sink cancellation account: transfer long­term certiﬁed emission reduction units or temporary certiﬁed emission reduction units from hold­ ing accounts to the general cancellation account, the long­term certiﬁed emission reduction replacement ac­ count, the temporary certiﬁed emission reduction re­ placement account, or the retirement account: 7 14 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Part 2 s 8 (e) carry over assigned amount units, certiﬁed emission re­ duction units, and emission reduction units held in hold­ ing accounts: (2) Despite subsection (1), or any regulations made under this Act, the Minister of Finance may not give a direction to transfer units from an account held by an account holder other than the Crown to another account in the Registry, unless— (a) the Minister of Finance has the written consent of the account holder; or (b) where written consent is not given,— (3) (i) (ii) the Minister of Finance gives the account holder reasonable notice; and the transfer is required to comply with New Zealand’s obligations under the Protocol.
For the purposes of subsection (2)(b)(i), reasonable notice means sufﬁcient opportunity in the circumstances for the rele­ vant account holder to make a written submission to the Min­ ister of Finance on the transfer of the units before the units are transferred.

Section 7(1)(a)(v): added, on 19 November 2007, by section 6(1) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 7(1)(a)(vi): added, on 19 November 2007, by section 6(1) of the Cli­ mate Change Response Amendment Act 2006 (2006 No 59).

Section 7(1)(b): substituted, on 19 November 2007, by section 6(2) of the Cli­ mate Change Response Amendment Act 2006 (2006 No 59).

Section 7(1)(d): substituted, on 19 November 2007, by section 6(3) of the Cli­ mate Change Response Amendment Act 2006 (2006 No 59).
Section 7(1)(da): inserted, on 19 November 2007, by section 6(3) of the Climate Change Response Amendment Act 2006 (2006 No 59).

Section 7(1)(e): substituted, on 19 November 2007, by section 6(4) of the Cli­ mate Change Response Amendment Act 2006 (2006 No 59).

Section 7(2): added, on 19 November 2007, by section 6(5) of the Climate Change Response Amendment Act 2006 (2006 No 59).

Section 7(3): added, on 19 November 2007, by section 6(5) of the Climate Change Response Amendment Act 2006 (2006 No 59).
8 Registrar must give effect to directions of Minister of Finance The Registrar must give effect to any directions given by the Minister of Finance under section 6 or section 7 in accordance 15 Part 2 s 8A Climate Change Response Act 2002 Reprinted as at 1 January 2008 with, and subject to, the procedures set out in subpart 2 of this Part and regulations made under section 50.
8A Minister of Finance must publish directions As soon as practicable after giving a direction under section 6 or 7, the Minister of Finance must publish a copy of the direction on the Registry’s Internet site.

Section 8A: inserted, on 19 November 2007, by section 7 of the Climate Change Response Amendment Act 2006 (2006 No 59).
Minister of Finance may obtain information from inventory agency and Registrar For the purposes of managing the Crown’s holding of units and discharging New Zealand’s obligations under section 32(1)(b), the Minister of Finance may, as and when he or she thinks ﬁt,— (a) direct the inventory agency to provide information es­ timating New Zealand’s human­induced emissions of greenhouse gases by sources and removals by sink ac­ tivities: direct the Registrar to provide information on those units, including, but not limited to, information indi­ cating— (i) (ii) how many units the Crown holds; and how many units the Crown has issued or ac­ quired, transferred, retired, replaced, cancelled, and carried over.
(b) Section 9: amended, on 19 November 2007, by section 8(1) of the Climate Change Response Amendment Act 2006 (2006 No 59).

Section 9(b)(ii): amended, on 19 November 2007, by section 8(2)(a) of the Climate Change Response Amendment Act 2006 (2006 No 59).

Section 9(b)(ii): amended, on 19 November 2007, by section 8(2)(b) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Subpart 2—Registry Purpose of Registry Purpose of Registry The purpose of the Registry is to— 9 10 16 Reprinted as at 1 January 2008 (a) Climate Change Response Act 2002 Part 2 s 12 ensure, for the ﬁrst commitment period or a subsequent commitment period, the accurate accounting of— (i) the issue, holding, transfer, retirement, and can­ cellation of units; and the carry­over of assigned amount units, certiﬁed emission reduction units, and emission reduction units; and the replacement of expired long­term certiﬁed emission reduction units and expired temporary certiﬁed emission reduction units; and (ii) (iii) (b) (c) ensure, in accordance with Article 7.4 of the Protocol, the accurate, transparent, and efﬁcient exchange of in­ formation between— (i) (ii) the Registry and overseas registries; and the Registry and the independent transaction log; and facilitate the exchange of information between the Registrar and the Minister of Finance to enable each of them to carry out their respective functions, powers, and duties under this Act.
Section 10(a): amended, on 19 November 2007, by section 9(1) of the Climate Change Response Amendment Act 2006 (2006 No 59).

Section 10(a)(i): amended, on 19 November 2007, by section 9(2) of the Cli­ mate Change Response Amendment Act 2006 (2006 No 59).

Section 10(a)(iii): added, on 19 November 2007, by section 9(3) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Registrar 11 Appointment of Registrar The chief executive of the Ministry responsible for the Regis­ try must appoint a Registrar in accordance with the State Sector Act 1988.

12 Registrar responsible for Registry The Registrar is responsible for the operation of the Registry.
17 Part 2 s 13 Climate Change Response Act 2002 Reprinted as at 1 January 2008 13 Registrar may refuse access to, or suspend operation of, Registry The Registrar may refuse access to the Registry, or otherwise suspend the operation of the Registry (in whole or in part),— (a) (b) (c) (d) for maintenance; or in response to technical difﬁculties; or to ensure the security or integrity of the Registry; or to give effect to New Zealand’s international obliga­ tions.
Section 13: substituted, on 19 November 2007, by section 10 of the Climate Change Response Amendment Act 2006 (2006 No 59).

14 (1) Registrar must give effect to directions The Registrar must give effect to any direction relating to the operation of the Registry given by the Minister responsible for the Registry.

(2) As soon as practicable after giving the direction, the Minister responsible for the Registry must publish a copy of the direc­ tion on the Registry’s Internet site.
Section 14(2): amended, on 19 November 2007, by section 11 of the Climate Change Response Amendment Act 2006 (2006 No 59).
Registrar must allocate unique numbers The Registrar must, in accordance with regulations made under this Act,— (a) allocate a unique account number to each account when the account is created; and allocate a unique serial number to— (i) (b) each assigned amount unit when the Registrar records the initial assigned amount; and each removal unit when the Registrar issues the removal unit.
(ii) If the Minister of Finance directs the Registrar to issue emis­ sion reduction units under section 7, the Registrar must con­ vert the assigned amount units or removal units speciﬁed by the Minister of Finance into emission reduction units by— (a) giving the emission reduction units the serial numbers of the units from which the emission reduction units are being converted; and 15 (1) (2) 18 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Part 2 s 18 (b) replacing the identiﬁers on the converted units with identiﬁers that designate that the converted units are emission reduction units.
Carry­over of units 16 (1) An account holder may, subject to regulations made under this Act, apply to the Registrar to carry over assigned amount units, certiﬁed emission reduction units, or emission reduction units held in that account holder’s holding account.

Long­term certiﬁed emission reduction units, removal units, and temporary certiﬁed emission reduction units may not be carried over.
Section 16: substituted, on 19 November 2007, by section 12 of the Climate Change Response Amendment Act 2006 (2006 No 59).
(2) 17 (1) (2) 18 (1) (2) Commitment period reserve The Registrar may not transfer or cancel units if the transfer or cancellation would cause the total of the units in all hold­ ing accounts and the retirement account in the unit register, excluding those units subject to a notiﬁcation from the inde­ pendent transaction log under section 21(3), to fall below the commitment period reserve.
This section does not apply to transfers or cancellations of units that the Registrar has issued as emission reduction units that were veriﬁed by the supervisory committee.

Unit register Form and content of unit register The Registry must have a unit register that is— (a) (b) (c) in electronic form; and accessible via the Registry’s Internet site; and operated at all times, unless the Registrar suspends its operation (in whole or in part) under section 13 or as prescribed in regulations.
The unit register must contain— (a) a record of the holdings of units in holding accounts in New Zealand; and 19 Part 2 s 18A Climate Change Response Act 2002 Reprinted as at 1 January 2008 (b) the particulars of transactions, including, but not limited to,— (i) the issue, transfer, retirement, and cancellation of units; and the carry­over of assigned amount units, certiﬁed emission reduction units, and emission reduction units; and the replacement of long­term certiﬁed emission reduction units and temporary certiﬁed emission reduction units; and (ii) (iii) (c) any other matters that are required to be registered under this Act or regulations made under this Act.
(3) A unit recorded in the unit register is— (a) (b) indivisible; and transferable, subject to any regulations made under this Act,— (i) (ii) within the unit register; or between the unit register and overseas registries.

Section 18(1)(b): amended, on 19 November 2007, by section 13(1) of the Cli­ mate Change Response Amendment Act 2006 (2006 No 59).

Section 18(2)(b)(i): amended, on 19 November 2007, by section 13(2) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 18(2)(b)(iii): added, on 19 November 2007, by section 13(3) of the Climate Change Response Amendment Act 2006 (2006 No 59).

Section 18(3): added, on 19 November 2007, by section 13(4) of the Climate Change Response Amendment Act 2006 (2006 No 59).

(2) 18A Opening holding accounts (1) Any person may submit an application to the Registrar to open 1 or more holding accounts in the unit register by using the form and paying the fees (if any) prescribed in regulations made under this Act.
The Registrar may approve the opening of a holding account subject to any regulations made under this Act.

If the Registrar approves an application to open a holding ac­ count, the Registrar must, as soon as practicable,— (a) (b) open a holding account in the applicant’s name; and provide the applicant with a representative identiﬁer.
(3) 20 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Part 2 s 18B (4) (5) If the application is incomplete, the Registrar must, as soon as practicable, ask the applicant to provide the information or fee (if any) that is required to make the application complete.

The Registrar may refuse to provide a holding account to any applicant who provides an incomplete application.

(6) A holding account is subject to any regulations made under this Act.
Section 18A: inserted, on 19 November 2007, by section 14 of the Climate Change Response Amendment Act 2006 (2006 No 59).

18B Closing holding accounts (1) An account holder may submit a request to the Registrar to close 1 or more of that account holder’s holding accounts in the unit register by using the form and paying the fee (if any) prescribed in regulations made under this Act.
The Minister responsible for the Registry may give a direction to the Registrar to close an account holder’s holding account— if the Minister responsible for the Registry has the writ­ (a) ten consent of the account holder; or (b) where written consent is not given,— (2) (i) (ii) if the Minister responsible for the Registry has given the account holder reasonable notice; and if— (A) (B) the closure is required to comply with New Zealand’s obligations under the Protocol; or the account holder has failed to comply with this Act or any regulations made under this Act; or the Minister responsible for the Registry is satisﬁed that the account holder no longer requires the account.
If there are any units remaining in a holding account when it is closed,— (a) (b) the units are forfeited to the Crown; and the Registrar must, as soon as practicable, transfer the units to a Crown holding account.

(C) (3) 21 Part 2 s 18C Climate Change Response Act 2002 Reprinted as at 1 January 2008 (4) (5) (6) If a request is incomplete, the Registrar must, as soon as prac­ ticable, ask the account holder to provide the information or fee (if any) that is required to make the request complete.
The Registrar may not close a holding account if the account holder provides an incomplete request.

For the purposes of subsection (2)(b)(i), reasonable notice means sufﬁcient opportunity in the circumstances to transfer the units to another account before the holding account that is the subject of the closure direction is closed.

Section 18B: inserted, on 19 November 2007, by section 14 of the Climate Change Response Amendment Act 2006 (2006 No 59).
18C Transfer of units (1) An account holder may, by using the form and paying the fees (if any) prescribed in regulations made under this Act, apply to the Registrar to transfer units from that account holder’s holding account to another account in— (a) (b) The Registrar must transfer the speciﬁed units as requested, subject to any regulations made under this Act.

the unit register; or an overseas registry.


(2) (3) Despite subsection (2), if the Registrar is asked to transfer units held in an account holder’s holding account to the general can­ cellation account, the Registrar must— (a) seek a direction from the Minister of Finance as to whether the units may be transferred to the general cancellation account; and transfer the units to the general cancellation account if the Minister of Finance so directs.
(b) (4) An account holder who receives units is under no obligation to initiate any registration process.

Section 18C: inserted, on 19 November 2007, by section 14 of the Climate Change Response Amendment Act 2006 (2006 No 59).

18D Succession (1) This section applies if an account holder— is a natural person and dies; or (a) is not a natural person and is wound up, liquidated, dis­ (b) solved, or otherwise ceases to exist.
22 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Part 2 s 20 (2) (3) If this section applies, the person listed on the holding account as the account holder’s representative may operate the holding account until— (a) (b) a successor is determined; and the Registrar is informed of that determination in writ­ ing.

If a successor is determined, and the Registrar is informed of that determination in writing, the Registrar must register the successor as the account holder.
Section 18D: inserted, on 19 November 2007, by section 14 of the Climate Change Response Amendment Act 2006 (2006 No 59).

18E Trusts, representatives, and assignees of bankrupts (1) Notice of a trust, whether expressed, implied, or constructive, may not be entered on the unit register.
(2) Despite anything in section 18D, the existence of a representa­ tive that may operate the holding account of an account holder who has died, or that has been wound up, liquidated, or dis­ solved, or otherwise has ceased to exist, does not constitute notice of a trust.

The assignee of the property of a bankrupt may be entered on the unit register as the assignee of the bankrupt’s units.
Section 18E: inserted, on 19 November 2007, by section 14 of the Climate Change Response Amendment Act 2006 (2006 No 59).

(3) 19 Offset of units A unit may be offset by the Crown against 1 metric tonne of carbon dioxide equivalent of human­induced greenhouse gas emissions, emitted from sources listed in Annex A of the Protocol, by means of retirement.

Transactions must be registered 20 (1) A transaction to issue, transfer, cancel, retire, or replace units must be registered on the unit register.
(2) However, the Registrar may not register a transaction on the unit register if— (a) the Registrar receives a notiﬁcation from the independ­ ent transaction log that there is a discrepancy with the transaction; or 23 Part 2 s 21 Climate Change Response Act 2002 Reprinted as at 1 January 2008 (b) (c) the transaction is not submitted in the prescribed form; or the prescribed fees (if any) have not been paid to the Registrar (unless arrangements for payment have been made in accordance with regulations made under this Act).
Section 20(1): amended, on 19 November 2007, by section 15(1) of the Climate Change Response Amendment Act 2006 (2006 No 59).

Section 20(2): substituted, on 19 November 2007, by section 15(2) of the Cli­ mate Change Response Amendment Act 2006 (2006 No 59).
Registration procedure 21 (1) On receipt of a direction given by the Minister of Finance, or an application for the registration of a transaction by an ac­ count holder that is completed to the satisfaction of the Regis­ trar and in accordance with any regulations made under this Act, the Registrar must— (a) (b) create an unique transaction number; and send a record of the proposed transaction to the inde­ pendent transaction log if required by the independent transaction log.
(2) On receipt of notiﬁcation from the independent transaction log that there are no discrepancies in the proposed transaction, the Registrar must, as soon as practicable,— (a) record in the unit register the particulars set out in the direction or the application and the particulars of the transaction; and send notiﬁcation that the transaction has been recorded in the unit register to the independent transaction log; and send electronic veriﬁcation to the Minister of Finance or the account holder who has applied to register the transaction.
(b) (c) If the Registrar receives a notiﬁcation from the independent transaction log that there is a discrepancy in a transaction, the Registrar— (a) may not register the transaction; and (b) must terminate the transaction; and (3) 24 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Part 2 s 21B (c) must give notiﬁcation of the termination, as soon as practicable, to— (i) (ii) (iii) the independent transaction log; and [Repealed] the Minister of Finance or the account holder who has applied to enter the transaction on the unit register.
(4) This section does not apply to the carry­over of units.

Section 21(1): substituted, on 19 November 2007, by section 16(1) of the Cli­ mate Change Response Amendment Act 2006 (2006 No 59).

Section 21(2): substituted, on 19 November 2007, by section 16(1) of the Cli­ mate Change Response Amendment Act 2006 (2006 No 59).

Section 21(3)(c)(ii): repealed, on 19 November 2007, by section 16(2) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 21(3)(c)(iii): substituted, on 19 November 2007, by section 16(3) of the Climate Change Response Amendment Act 2006 (2006 No 59).
21A Electronic registration A direction by the Minister of Finance or an application by an account holder to register a transaction must be— (a) made electronically in the prescribed form via the Registry’s Internet site, and contain the particulars speciﬁed in the form; and accompanied by the fee (if any) prescribed in regula­ tions made under this Act; and (b) (c) made in accordance with regulations made under this Act.
Section 21A: inserted, on 19 November 2007, by section 17 of the Climate Change Response Amendment Act 2006 (2006 No 59).

21B Defective applications (1) If an application is defective, the Registrar may— (a) (b) correct the defect; or direct, in writing by electronic notiﬁcation, the appli­ cant to correct the defect within a speciﬁed period of time.
(2) If a direction to correct a defect is not complied with within the speciﬁed period of time, the Registrar may refuse to— (a) (b) proceed with the registration; or register the transaction.

25 Part 2 s 22 Climate Change Response Act 2002 Reprinted as at 1 January 2008 (3) Any fees paid to the Registrar in relation to an uncorrected defective application are forfeited.

Section 21B: inserted, on 19 November 2007, by section 17 of the Climate Change Response Amendment Act 2006 (2006 No 59).
22 Transactions take effect when registered (1) A transaction takes effect when it is registered.

(2) A transaction is registered when the Registrar— (a) (b) assigns a registration number, date, and time, and other information that may be required by this Act, to the transaction; and enters those particulars in the unit register.
23 (1) (2) Receiving units from overseas registries If the Registrar receives notiﬁcation from an overseas registry of a proposal to transfer units to an account in the Registry, the Registrar must register the transaction, in accordance with the notiﬁcation, when the Registrar receives the following: (a) notiﬁcation from the independent transaction log that the proposed transaction does not contain any discrep­ ancies; and [Repealed] (b) If the Registrar receives notiﬁcation from an overseas registry of a proposal to transfer units to an account in the Registry and receives notiﬁcation from the independent transaction log that there is a discrepancy, the Registrar— (a) may not register the transaction; and (b) must terminate the transaction; and (c) must notify the independent transaction log of the ter­ mination.
(3) A transfer of units from an overseas registry is subject to any regulations made under this Act.

Section 23(1)(b): repealed, on 19 November 2007, by section 18(1) of the Cli­ mate Change Response Amendment Act 2006 (2006 No 59).

Section 23(2)(c): amended, on 19 November 2007, by section 18(2) of the Cli­ mate Change Response Amendment Act 2006 (2006 No 59).

Section 23(3): added, on 19 November 2007, by section 18(3) of the Climate Change Response Amendment Act 2006 (2006 No 59).
26 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Part 2 s 25 Priority of registration 24 (1) A direction or an application for the registration of transactions must, as soon as practicable, be processed in the chronological order in which they are received by the Registrar.

(2) A direction or an application is received by the Registrar when it is recorded as being downloaded into the computer main­ tained to operate the unit register.
Section 24(1): amended, on 19 November 2007, by section 19(1) of the Climate Change Response Amendment Act 2006 (2006 No 59).

Section 24(2): amended, on 19 November 2007, by section 19(2) of the Climate Change Response Amendment Act 2006 (2006 No 59).

Correction of unit register 25 (1) An account holder who has registered a transaction or the Min­ ister of Finance may submit a request to the Registrar to correct any inaccuracy recorded in the unit register in relation to that transaction.
The request— (a) may be made at any time; and (b) must specify— (2) (i) (ii) the inaccuracy; and the correction required; and (c) must be in the form, and accompanied by the fees (if any), prescribed in regulations made under this Act.
(3) If the Registrar is satisﬁed that the unit register is inaccurate in any respect, the Registrar must— (a) (b) correct the unit register accordingly; and record on the unit register— the nature of the correction; and (i) the time that the correction was made; and (ii) give notiﬁcation of the correction, as soon as practic­ able, to— (i) (c) any person whom the Registrar considers to be affected by the correction; and the independent transaction log; and any other persons, by posting it on the Registry’s Internet site.
(ii) (iii) Section 25: substituted, on 19 November 2007, by section 20 of the Climate Change Response Amendment Act 2006 (2006 No 59).

27 Part 2 s 26 Climate Change Response Act 2002 Reprinted as at 1 January 2008 Unit register must be open for search Except as provided in section 13, the unit register must be open at all times for searches by a person via the Registry’s Internet site.

Section 26: amended, on 19 November 2007, by section 21 of the Climate Change Response Amendment Act 2006 (2006 No 59).
Information accessible by search The following information must be accessible by a search of the unit register via the Registry’s Internet site: (a) up­to­date information for each account, including, but not limited to,— (i) (ii) (iii) the name of the account holder; and the type of account; and the relevant commitment period of any— (A) (B) general cancellation account or retirement account; and long­term certiﬁed emission reduction re­ placement account or temporary certiﬁed emission reduction replacement account.
(b) (iv) (v) the representative identiﬁer; and the full name, mailing address, telephone num­ ber, fax number, and email address of the repre­ sentative of the account holder; and holding and transactional information for each calendar year, including, but not limited to,— (i) the total quantity of units in each account at the beginning of the year; and the total quantity of assigned amount units issued on the basis of the initial assigned amount; and the total quantity of emission reduction units is­ sued on the basis of a joint implementation pro­ ject; and the total quantity of units transferred from other registries, and the identity of the transferring ac­ counts and registries; and the total quantity of removal units issued in rela­ tion to sink activities; and (ii) (iii) (iv) (v) 26 27 28 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Part 2 s 27 (vi) (vii) the total quantity of units transferred to other registries, and the identity of the acquiring ac­ counts and registries; and the total quantity of units transferred to the sink cancellation account; and (viii) the total quantity of units transferred to the non­ (ix) (x) (xi) (xia) compliance cancellation account; and the total quantity of units transferred to the gen­ eral cancellation account; and the total quantity of units retired; and the total quantity of assigned amount units, cer­ tiﬁed emission reduction units, and emission re­ duction units carried over from a previous com­ mitment period; and the total quantity of long­term certiﬁed emission reduction units in each account; and (xib) the total quantity of temporary certiﬁed emission (xic) reduction units in each account; and the expiry date of each long­term certiﬁed emis­ sion reduction unit and each temporary certiﬁed emission reduction unit; and [Repealed] (xii) a list of account holders; and any other information prescribed in regulations made under this Act.
(c) (d) Section 27: amended, on 19 November 2007, by section 22(1) of the Climate Change Response Amendment Act 2006 (2006 No 59).

Section 27(a)(iii): substituted, on 19 November 2007, by section 22(2) of the Climate Change Response Amendment Act 2006 (2006 No 59).

Section 27(b): amended, on 19 November 2007, by section 22(3) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 27(b)(iv): amended, on 19 November 2007, by section 22(4) of the Climate Change Response Amendment Act 2006 (2006 No 59).

Section 27(b)(xia): inserted, on 19 November 2007, by section 22(5) of the Climate Change Response Amendment Act 2006 (2006 No 59).

Section 27(b)(xib): inserted, on 19 November 2007, by section 22(5) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 27(b)(xic): inserted, on 19 November 2007, by section 22(5) of the Climate Change Response Amendment Act 2006 (2006 No 59).

Section 27(b)(xii): repealed, on 19 November 2007, by section 22(6) of the Climate Change Response Amendment Act 2006 (2006 No 59).
29 Part 2 s 28 Climate Change Response Act 2002 Reprinted as at 1 January 2008 28 29 Search of unit register A person may, by using the form and paying the fees (if any) prescribed by regulations made under this Act, search the unit register, and obtain a printed search result, in accordance with this Act and any regulations made under this Act.

Sections 28 and 29 were substituted, as from 14 November 2006, by section 23 Climate Change Response Amendment Act 2006 (2006 No 59).
Printed search result receivable as evidence A printed search result, or a copy of a printed search result, that purports to be issued by the Registrar is receivable as evidence and is, in the absence of evidence to the contrary, proof of any matter recorded in the unit register, including (but not limited to)— (a) (b) (c) Sections 28 and 29 were substituted, as from 14 November 2006, by section 23 Climate Change Response Amendment Act 2006 (2006 No 59).
the ownership of units; and the date and time of the registration of a transaction; and information that the Registry holds.

Recovery of fees 30 (1) A fee that is not paid in accordance with regulations made under this Act may be recovered from the person liable to pay the fees by the chief executive of the Ministry responsible for the Registry in any court of competent jurisdiction.
The chief executive of the Ministry responsible for the Regis­ try may enter into any agreement or arrangement, on any terms that the chief executive thinks ﬁt, with any person to collect, or assist in the collection of, any fees that are payable.
(2) 30A Crown or Registrar not liable in relation to searches in certain cases No action may be brought against the Crown or the Registrar for any loss or damage resulting from— (a) (b) an inaccuracy in a search of the unit register; or an inaccurate entry or omission in the unit register if the inaccuracy or omission arises from reasonable reliance on information received by the Registrar from— the independent transaction log; or (i) 30 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Part 2 s 30B (ii) an account holder.
Sections 30A to 30D were inserted, as from 14 November 2006, by section 24 Climate Change Response Amendment Act 2006 (2006 No 59).

Expiry of long­term certiﬁed emission reduction units and temporary certiﬁed emission reduction units This heading was inserted, as from 14 November 2006, by section 24 Climate Change Response Amendment Act 2006 (2006 No 59).
30B Expiry of long­term certiﬁed emission reduction units (1) A long­term certiﬁed emission reduction unit expires at the end of the last crediting period for the clean development mechanism project to which it relates.

(3) an assigned amount unit; or a certiﬁed emission reduction unit; or an emission reduction unit; or a removal unit.
(2) A person who holds a long­term certiﬁed emission reduction unit in a retirement account or a long­term certiﬁed emission reduction replacement account must replace that unit before it expires by transferring 1 of the following units to the long­term certiﬁed emission reduction replacement account: (a) (b) (c) (d) Thirty days before a long­term certiﬁed emission reduction unit in a retirement account or a long­term certiﬁed emission reduction replacement account expires, the Registrar must no­ tify in writing the person who holds that unit that it is due to expire and must be replaced.
If a long­term certiﬁed emission reduction unit is not held in a retirement account or a long­term certiﬁed emission reduction replacement account, the Registrar must transfer that unit to the general cancellation account when that unit expires.

If subsection (4) applies, then section 18C(3) does not apply.

Sections 30A to 30D were inserted, as from 14 November 2006, by section 24 Climate Change Response Amendment Act 2006 (2006 No 59).
(5) (4) 31 Part 2 s 30C Climate Change Response Act 2002 Reprinted as at 1 January 2008 30C Replacement of certain long­term certiﬁed emission reduction units (1) A person who holds a long­term certiﬁed emission reduction unit must replace that unit in accordance with this section if the designated operating entity of the relevant clean development mechanism project— (a) provides a certiﬁcation report that indicates a reversal of net anthropogenic greenhouse gas removals by sinks since the previous certiﬁcation; or does not provide a certiﬁcation report.
(2) (b) If subsection (1) applies,— (a) each identiﬁed long­term certiﬁed emission reduction unit, as notiﬁed by the executive board, must be re­ placed by 1 of the following units: (i) (ii) (iii) (iv) (v) assigned amount units; or certiﬁed emission reduction units; or emission reduction units; or removal units; or long­term certiﬁed emission reduction units from the same clean development mechanism project; and (b) the Registrar must notify in writing the person who holds the affected long­term certiﬁed emission reduc­ tion unit.
(4) (3) A person notiﬁed under subsection (2)(b) must replace the af­ fected long­term certiﬁed emission reduction unit within 30 days of receiving the notice.

Sections 354 to 361 of the Property Law Act 2007 apply, with all necessary modiﬁcations, to any notice required under sub­ section (2)(b).

Sections 30A to 30D were inserted, as from 14 November 2006, by section 24 Climate Change Response Amendment Act 2006 (2006 No 59).
Section 30C(4): amended, on 1 January 2008, by section 364(1) of the Property Law Act 2007 (2007 No 91).

30D Expiry of temporary certiﬁed emission reduction units (1) A temporary certiﬁed emission reduction unit expires at the end of the subsequent commitment period that immediately follows the relevant commitment period.
32 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Part 2 s 32 (2) A person who holds a temporary certiﬁed emission reduction unit in a retirement account or a temporary certiﬁed emission reduction replacement account must replace that unit before it expires by transferring 1 of the following units to the tempo­ rary certiﬁed emission reduction replacement account: (a) (b) (c) (d) (e) an assigned amount unit; or a certiﬁed emission reduction unit; or an emission reduction unit; or a removal unit; or a temporary certiﬁed emission reduction unit that is due to expire in a subsequent commitment period.
(3) (4) (5) Thirty days before a temporary certiﬁed emission reduction unit in a retirement account or a temporary certiﬁed emission reduction replacement account expires, the Registrar must no­ tify in writing the person who holds that unit that it is due to expire and must be replaced.
If a temporary certiﬁed emission reduction unit is not held in a retirement account or a temporary certiﬁed emission reduction replacement account, the Registrar must transfer that unit to the general cancellation account when that unit expires.

If subsection (4) applies, then section 18C(3) does not apply.

Sections 30A to 30D were inserted, as from 14 November 2006, by section 24 Climate Change Response Amendment Act 2006 (2006 No 59).
Subpart 3—Inventory agency 31 Meaning of greenhouse gas For the purposes of this subpart, despite anything in section 4, greenhouse gas means a gas in the earth’s atmosphere that strongly absorbs and re­emits infrared radiation, and includes indirect greenhouse gases, but does not include a gas that is covered by the Montreal Protocol on Substances that Deplete the Ozone Layer.
32 (1) Primary functions of inventory agency The primary functions of the inventory agency are to— 33 Part 2 s 32 Climate Change Response Act 2002 Reprinted as at 1 January 2008 (a) (b) estimate annually New Zealand’s human­induced emis­ sions by sources and removals by sinks of greenhouse gases; and prepare the following reports for the purpose of dis­ charging New Zealand’s obligations: (i) New Zealand’s annual inventory report under Article 7.1 of the Protocol, including (but not limited to) the quantities of long­term certiﬁed emission reduction units and temporary certiﬁed emission reduction units that have expired or have been replaced, retired, or cancelled; and (ii) New Zealand’s national communication (or peri­ odic report) under Article 7.2 of the Protocol and Article 12 of the Convention; and (iii) New Zealand’s report for the calculation of its initial assigned amount under Article 7.4 of the Protocol, including its method of calculation.
In carrying out its functions, the inventory agency must— (a) (b) identify source categories; and collect data by means of— (i) (ii) voluntary collection; and collection from government agencies and other agencies that hold relevant information; and collection in accordance with regulations made under this Act (if any); and (iii) (c) (d) (e) (f) estimate the emissions and removals by sinks for each source category; and undertake assessments on uncertainties; and undertake procedures to verify the data; and retain information and documents to show how the es­ timates were determined.
Subsection (1)(b)(i) was amended, as from 14 November 2006, by section 25 Climate Change Response Amendment Act 2006 (2006 No 59) by adding the words “, including (but not limited to) the quantities of long­term certiﬁed emission reduction units and temporary certiﬁed emission reduction units that have expired or have been replaced, retired, or cancelled”.
(2) 34 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Part 3 s 36 33 (1) Inventory agency under direction of Minister responsible for inventory agency The inventory agency must comply with any direction from the Minister responsible for the inventory agency in relation to the performance of its functions under this Act.
(2) As soon as practicable after giving the direction, the Minister responsible for the inventory agency must make a copy of the direction accessible via the inventory agency’s Internet site.

Subsection (2) was amended, as from 14 November 2006, by section 26 Climate Change Response Amendment Act 2006 (2006 No 59) by substituting the words “make a copy of the direction accessible via the inventory agency’s Internet site” for the words “publish a copy of the direction in the Gazette”.
34 35 36 (1) Record keeping The inventory agency must keep a record of changes that occur from year to year in— (a) (b) the collection of data; and the use of methodologies and emission factors.

Publication The inventory agency must publish New Zealand’s annual in­ ventory report and its national communication (or periodic re­ port) in electronic form by placing the report on a publicly accessible portion of the inventory agency’s Internet site.
Section 35 was substituted, as from 1 August 2003, by section 27 Climate Change Response Amendment Act 2006 (2006 No 59).
Part 3 Compliance Inspectors Authorisation of inspectors The Minister responsible for the inventory agency may author­ ise the following persons, provided that they are suitably quali­ ﬁed and trained, to carry out all or any of the powers and duties of an inspector under this Act: (a) (b) employees of the inventory agency; or employees of the Ministry of Agriculture and Forestry and employees of any other department of the public service prescribed by regulation; or 35 Part 3 s 37 Climate Change Response Act 2002 Reprinted as at 1 January 2008 (c) employees of New Zealand Forest Research Institute Limited, Landcare Research New Zealand Limited, New Zealand Pastoral Agriculture Research Institute Limited, and employees of any other Crown Research Institute (within the meaning of the Crown Research Institutes Act 1992) prescribed by regulation.
(2) An authorisation is subject to the terms and conditions that are agreed to by the Minister responsible for the inventory agency and the chief executive of the agency that employs the person authorised to be an inspector.

The Minister responsible for the inventory agency must supply an inspector with a warrant of authorisation that clearly states the powers and duties of that inspector.
(3) (4) An inspector who exercises, or purports to exercise, a power conferred on that inspector under this Act must carry and be able to produce, if required to do so,— (a) (b) his or her warrant of authorisation; and evidence of his or her identity.

(5) An inspector who holds a warrant of authorisation issued under this section must, on the termination of that inspector’s authorisation, surrender his or her warrant of authorisation to the Minister responsible for the inventory agency.
37 (1) Power to enter land or premises to collect information to estimate emissions or removals of greenhouse gases For the purposes of collecting information to assist with the estimation of New Zealand’s human­induced emissions by sources and removals by sinks of greenhouse gases, an inspector may, if authorised in writing by the Minister re­ sponsible for the inventory agency, enter or re­enter land, or premises where any livestock are likely to be held, excluding any dwellinghouse, at any reasonable time during the ordinary hours of business, to— (a) carry out surveys, investigations, tests, or measure­ ments (including those that involve leaving measuring equipment on the land or premises): take samples of water, air, soil, or organic matter.
(b) 36 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Part 3 s 39 (2) (3) (4) (5) To avoid doubt, the authorisation given by the Minister respon­ sible for the inventory agency may be for a series of surveys, investigations, tests, measurements, or samples.
Reasonable notice, in writing, must be given to the occupier (if any) of the land or premises to be entered that speciﬁes— (a) (b) (c) Reasonable effort must be made to give notice under subsec­ tion (3) to the owner or owners of the land or premises.

If the owner or owners are not given notice, reasonable effort must be made to identify any wahi tapu areas and archaeo­ logical sites on the land by other means.
when, and by what means, entry is to be made; and the purpose for which entry is required; and that the entry is authorised under this section.

(6) An inspector who exercises the power of entry under this sec­ tion may use any assistance that is reasonably necessary to ex­ ercise the power.

(7) A person who provides assistance under subsection (6) may exercise the powers provided to inspectors under subsection (1).
38 Limitation on power of entry under section 37 The Minister responsible for the inventory agency may only authorise an inspector to exercise the power of entry under section 37 if satisﬁed that the information sought— (a) (b) requires speciﬁc technical expertise to collect; and cannot reasonably be obtained from the occupier or owner of the land or premises.
Power of entry for inspection 39 (1) An inspector authorised in writing by the inventory agency may enter land or premises (excluding any dwellinghouse) at any reasonable time during the ordinary hours of business, for the purpose of inspection, to determine whether or not a person is complying with regulations made under section 50(2)(a), (c), (e), or (f).
(2) During an inspection, an inspector may— 37 Part 3 s 40 Climate Change Response Act 2002 Reprinted as at 1 January 2008 (a) (d) (b) (c) require the production of, inspect, and copy any docu­ ments or business records (including electronic docu­ ments or records): take samples of water, air, soil, or organic matter: carry out surveys, investigations, tests, or measure­ ments (including those that involve leaving measuring equipment on the land or premises): demand from the occupier any other information that the inspector may reasonably require for the purpose of determining whether or not regulations made under section 50(2)(a), (c), (e), or (f) have been complied with.
(3) An inspector who exercises the power of inspection under this section must give the occupier or owner reasonable notice of the inspector’s intention to enter the land or premises unless doing so would defeat the purpose of the entry.

(4) A notice given under subsection (3) must specify— when entry is to be made; and the purpose for which the entry is required; and that the entry is authorised under this section.
(a) (b) (c) (5) An inspector who exercises the power of inspection under this section may be accompanied by any person or persons reason­ ably necessary to assist him or her with the inspection.

(6) A person who provides assistance under subsection (5) may exercise the powers provided to inspectors under subsection (2)(a) to (c).

(7) Nothing in this section limits the privilege against self­incrim­ ination.
Applications for warrants 40 (1) A District Court Judge who, on written application made on oath by an inspector authorised by the inventory agency, is sat­ isﬁed that there are reasonable grounds to believe that there are in or on or under or over any land, premises, or dwellinghouse any documents or other records or things (including samples) for which there are reasonable grounds to believe may be evi­ dence of the commission of an offence under section 46 may issue a warrant authorising the entry and search of that land, premises, or dwellinghouse.
38 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Part 3 s 42 (2) Every search warrant must authorise the inspector executing the warrant to— (a) enter and search the land, premises, or dwellinghouse within 30 working days of the date of the warrant at any time that is reasonable in the circumstances during the ordinary hours of business; and require the production, inspection, and copying of docu­ ments or business records (including electronic docu­ ments or records); and demand from the occupier any other information that the inspector may reasonably require for the purpose of determining whether or not the regulations made under section 50(2) have been complied with; and seize any documents or business records that the in­ spector has reasonable cause to suspect may be evidence of the commission of an offence under section 46; and take samples of water, air, soil, or organic matter; and use any assistance that is reasonably necessary in the circumstances; and use any force to enter (whether by breaking doors or otherwise) that is reasonable in the circumstances.
(b) (c) (d) (e) (f) (g) (3) An inspector may not enter a dwellinghouse unless that in­ spector is accompanied by a member of the police.

(4) A person who provides assistance under subsection (2)(f) may exercise the powers provided to inspectors under subsection (2)(a), (b), (d), (e), and (g).

(5) Nothing in this section limits the privilege against self­incrim­ ination.
41 42 Entry of defence areas Despite anything in sections 37, 39, and 40, an inspector may not enter a defence area (within the meaning of section 2(1) of the Defence Act 1990), except in accordance with a written agreement between the inventory agency and the Chief of De­ fence Force on the date or dates speciﬁed in that agreement.
Proof of authority must be produced If powers are exercised under section 37 or section 39 or sec­ tion 40, an inspector must, on initial entry, and if asked by the 39 Part 3 s 43 Climate Change Response Act 2002 Reprinted as at 1 January 2008 occupier at any time afterward, produce for inspection that in­ spector’s— (a) warrant of authorisation and evidence of his or her iden­ tity; and (b) written authorisation to enter required under section 37 or section 39 or a search warrant required under section 40.
Notice of entry If, when powers are exercised under section 37 or section 39 or section 40, the occupier is not present at the time that the writ­ ten authorisation or search warrant is executed, and notice is not given to the owner or owners under section 37 or section 39, the inspector must, in a prominent place, attach a written notice that shows— (a) (b) (c) (d) If the inspector removes, or has removed, any documents or business records from any land, premises, or dwellinghouse, the inspector must hand to the occupier, or attach in a promi­ nent place, a notice that— (a) (b) the date and time of the entry or search; and the purpose of the entry or search; and the name and phone number of that inspector; and an address at which enquiries may be made.
lists all of the items taken; and states where those items are being held (and, if they are being held in 2 or more places, state which items are being held in which place); and states the procedure that the person must follow to have those items returned.
(c) Information obtained under section 39 or section 40 only admissible in proceedings for alleged breach of regulations made under section 50(2) No document, business record, or other information obtained from a person under section 39 or section 40 is admissible against that person in any criminal or civil proceedings, other than proceedings for an alleged breach of regulations made under section 50(2).
43 (1) (2) 44 40 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Part 3 s 47 45 46 47 Return of items seized Section 199 of the Summary Proceedings Act 1957 applies, with the necessary modiﬁcations, to any property seized or taken by an inspector as if— (a) references in that section to a constable were references to an inspector; and the reference in that section to section 198 of that Act were a reference to section 39 or section 40 of this Act.
(b) Offences and penalties Failing to provide required information to inventory agency Every person who fails, without reasonable excuse, to provide the information to the inventory agency required under regu­ lations made under section 50(2)— commits an offence; and (a) is liable on conviction to a ﬁne not exceeding,— (b) (i) (ii) in the case of an individual, $5,000; or in the case of a body corporate, $30,000.
Obstructing, hindering, resisting, or deceiving person exercising power under Act Every person— (a) commits an offence who— (i) wilfully obstructs, hinders, resists, or deceives a person exercising a power conferred on that person under this Act or regulations made under this Act; or (iii) (ii) wilfully interferes with any survey, investigation, test, or measurement carried out by an inspector under this Act; or refuses to provide information that an inspector has demanded from that person under section 39(2)(d) or section 40(2)(c), except on the grounds of self­incrimination; and is liable on conviction to a ﬁne not exceeding,— (i) (ii) in the case of an individual, $5,000; or in the case of a body corporate, $30,000.
(b) 41 Part 3 s 48 Climate Change Response Act 2002 Reprinted as at 1 January 2008 48 Signing false declaration Every person who signs a declaration that is required by regu­ lations made under section 50, knowing the declaration to be false,— (a) (b) commits an offence; and is liable on conviction to a ﬁne not exceeding $5,000.

48A Providing false or misleading information to Registrar (1) in the case of an individual, $50,000: in the case of a body corporate, $200,000.
Every person who knowingly provides false or misleading in­ formation to the Registrar commits an offence, and is liable on conviction to a ﬁne not exceeding,— (a) (b) Every person who recklessly provides false or misleading in­ formation to the Registrar commits an offence, and is liable on conviction to a ﬁne not exceeding $2,000.

Section 48A was inserted, as from 1 August 2003, by section 28 Climate Change Response Amendment Act 2006 (2006 No 59).
Miscellaneous provisions Reporting For the purpose of reporting to the Secretariat under the Con­ vention and the Protocol, the Minister may, as and when the Minister thinks ﬁt, direct the inventory agency or the Registrar to provide reports and information to the Minister or directly to the Secretariat.
Regulations The Governor­General may, by Order in Council, make regu­ lations for any or all of the following purposes: (a) procedures and requirements relating to any powers of the Minister of Finance under subpart 1 of Part 2: prescribing agencies whose employees may act as in­ spectors under section 36, being— (i) a Department of the Public Service listed in the First Schedule of the State Sector Act 1988; or a Crown Research Institute within the meaning of the Crown Research Institutes Act 1992: (ii) (b) (2) 49 50 (1) 42 Reprinted as at 1 January 2008 (c) (ca) (d) Climate Change Response Act 2002 Part 3 s 50 prescribing matters, including (but not limited to) limi­ tations, restrictions, conditions, exemptions, require­ ments, or prohibitions, in respect of— (i) the transfer of units, including (but not limited to)— (A) the transfer of units from an account holder’s holding account to another ac­ count in an overseas registry: the transfer of units within the unit regis­ ter: the transfer of units from an overseas registry: prohibitions on the transfer of units for the purposes of holding those units in an account in the Registry: (B) (C) (D) the opening or closing of holding accounts: (ii) prescribing matters in respect of the holding, cancella­ tion, and carry­over of units, including (but not limited to) limitations, restrictions, conditions, exemptions, re­ quirements, procedures, or thresholds: prescribing procedures, requirements, and other matters in respect of the unit register and its operation,
 includ­ ing, but not limited to, matters relating to— (i) (ii) (iii) (iv) access to the unit register: the location of the unit register: the hours of access to the unit register: the format of unique numbers to be used in the unit register: the exchange of data between— (A) (B) the Registry and overseas registries: the Registry and the independent transac­ tions log: (v) the registration of transactions: (vi) the form and content of the unit register: (vii) prescribing matters in respect of which fees are
 payable under this Act and the amounts of those fees: prescribing procedures for the payment of prescribed fees: (e) (f) 43 Part 3 s 50 Climate Change Response Act 2002 Reprinted as at 1 January 2008 (g) (h) (i) prescribing procedures, requirements, and other matters in respect of the form, use, and manner of obtaining electronic veriﬁcation statements to conﬁrm a registra­ tion: prescribing procedures, requirements, and other matters in respect of searching the unit register, including, but not limited to,— (i) the criteria by which a search may be conducted: (ii) (iii) (iv) the method of disclosure: the form of search results: the abbreviations, expansions, or symbols that may be used in search results: prescribing forms and notices for the purposes of this Act: (j) including any decisions, for the purposes of, and subject to, Part 2, giv­ ing effect to the terms of the Convention and the Protocol, rules, guidelines, principles, measures, methodologies, modalities, procedures, mechanisms, or other matters adopted, agreed on, made, or approved in accordance with the Convention or the Protocol: providing for the matters that are contemplated by, or necessary for, giving full effect to this Act and for its due administration.
(k) If recommended by the Minister responsible for the inventory agency, the Governor­General may, by Order in Council, make regulations requiring persons to keep and provide information to the inventory agency for the purpose of estimating New Zealand’s human­induced emissions by sources and removals by sinks of greenhouse gases on any or all of the following: (a) emissions of greenhouse gases into the atmosphere from industrial or trade premises: volumes of fuel produced, distributed, sold, or used, and the nature of the use of that fuel: industrial processes, including by­products from indus­ trial processes: composition of vehicle ﬂeets and use of vehicles, in­ cluding, but not limited to, distances travelled: (b) (c) (d) (2) 44 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Part 3 s 50 (e) (f) imports and exports of hydroﬂuorocarbons, perﬂuoro­ carbons, and sulphur hexaﬂuoride: imports, exports, manufacture, sales, and the nature of the use of products that contain hydroﬂuorocarbons, perﬂuorocarbons, and sulphur hexaﬂuoride: (h) (i) (j) (k) (g) waste composition and weight, dimensional character­ istics of landﬁlls, and volume of landﬁll gases extracted and combusted: numbers of ruminants and other farmed livestock and their performance: areas of crops and amounts produced: amount of nitrogenous and lime fertilisers used: native and planted trees, the amount of harvesting, the area of land in scrub, and the area of land in other land uses that are necessary to determine land use change under Article 3.3 or Article 3.4 of the Protocol.
If recommended by the Minister responsible for the inven­ tory agency, the Governor­General may, by Order in Council, make regulations requiring persons to provide to the inventory agency information that the person holds on any matter speci­ ﬁed in subsection (2) for any year from 1989 to the current reporting year.
Regulations made under subsection (2) may specify the man­ ner and form in which records must be kept and provided, in­ cluding specifying that those records must be declared as true, the form of that declaration, and who must sign that declar­ ation.

Regulations made under subsection (1) or subsection (2) may be made in respect of different persons, transactions, classes of persons, or classes of transactions.

(6) For the purposes of subsection (5), classes of persons in­ cludes local authorities.
(3) (4) (5) (7) Any regulations made under this section must be consistent with— (a) (b) (c) Subsection (1)(c) was substituted, as from 14 November 2006, by section 29(1) Climate Change Response Amendment Act 2006 (2006 No 59).

this Act; and the Convention; and the Protocol.

45 Part 3 s 51 Climate Change Response Act 2002 Reprinted as at 1 January 2008 Subsection (1)(ca) was inserted, as from 14 November 2006, by section 29(1) Climate Change Response Amendment Act 2006 (2006 No 59).
Subsection (1)(d)(vii) was inserted, as from 14 November 2006, by section 29(2) Climate Change Response Amendment Act 2006 (2006 No 59).

Subsection (1)(e) was amended, as from 14 November 2006, by section 29(3) Climate Change Response Amendment Act 2006 (2006 No 59) by substituting the words “this Act” for the expression “section 28(1)”.
51 (1) Incorporation by reference If consistent with this Act and any other enactment, any deci­ sions, rules, guidelines, principles, measures, methodologies, modalities, procedures, mechanisms, or other matters adopted, agreed on, made, or approved in accordance with the Con­ vention or the Protocol may be incorporated by reference into regulations made under section 50(1).
(2) Any material incorporated into regulations by reference forms part of the regulations for all purposes, but any amendment made to the material after the commencement of the regula­ tions does not have effect until regulations have been made incorporating the amendment into regulations.

The Registrar must make available for inspection free of charge, via the Registry’s Internet site, copies of all material incorporated into regulations by reference.
(3) (4) No material incorporated into a rule by reference has effect until it is made available for inspection in accordance with subsection (3).

Subsection (3) was amended, as from 14 November 2006, by section 30 Cli­ mate Change Response Amendment Act 2006 (2006 No 59) by substituting the words “via the Registry’s Internet site” for the expression “at the Registry’s head ofﬁce and via the Internet”.
Inventory agency must report to Minister responsible for inventory agency on certain matters before certain regulations are made Before regulations are made under section 50(2) or (3), the in­ ventory agency must provide a report to the Minister respon­ sible for the inventory agency on— (a) whether or not the information to be collected under the regulations is reasonably available to the inventory agency by other means, including, but not limited to,— 52 (1) 46 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Part 3 s 53 (i) (ii) voluntary collection; or collection from a government agency that holds the information (provided that the release of the information by that government agency complies with the principles of the Privacy Act 1993 and any provisions of the enactment under which the information was collected); and (b) (c) any deﬁciencies with collecting the information using those other means, including, but not limited to,— (i) deﬁciencies in obtaining the required quality of information; and the lack of certainty that all the required informa­ tion can be provided; and (ii) whether or not the regulations are likely to place a dis­ proportionate burden on any particular group of per­ sons.
(2) When preparing a report under subsection (1), the inventory agency must consult any person or government agency that is likely to be affected by the proposed regulations.

(3) With respect to a report prepared under subsection (1), the Minister responsible for the inventory agency— (a) must have regard to the report and to the results of con­ (4) sultation; and (b) may make, as he or she thinks ﬁt, recommendations to the Governor­General to make regulations under sec­ tion 50(2) or (3).
The Minister who is responsible for the inventory agency may not recommend the making of regulations under section 50(2) and (3) unless he or she is satisﬁed, on reasonable that the regulations are necessary to assist New grounds, Zealand to meet its obligations under the Convention or the Protocol.
53 Consequential amendments Section 31 of the Environment Act 1986 (1986 No 127) is amended by adding the following paragraph: 47 Schedule 1 Climate Change Response Act 2002 Reprinted as at 1 January 2008 “(g) to carry out any other functions that may be conferred on the Ministry by any enactment.” Schedule 1 United Nations Framework Convention on Climate Change Contents Contents (This table of contents is not part of the Convention.)
Article No Deﬁnitions Objective Principles Commitments Research and systematic observation Education, training and public awareness Conference of the parties Secretariat Subsidiary body for scientiﬁc and technological advice Subsidiary body for implementation Financial mechanism Communication of information related to implementation 48 s 4 Page Page No 34 35 35 36 43 43 44 47 47 48 49 50 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Preamble Contents (This table of contents is not part of the Convention.)
Article No Page No 26 Resolution of questions regarding implementation Settlement of disputes Amendments to the Convention Adoption and amendment of annexes to the Convention Protocols Right to vote Depositary Signature Interim arrangements Ratiﬁcation, acceptance, approval or accession Entry into force Reservations Withdrawal Authentic texts Annex I Annex II 52 53 54 55 56 56 57 57 57 58 58 59 59 59 61 63 49 Preamble Climate Change Response Act 2002 Reprinted as at 1 January 2008 Preamble The Parties to this Convention, Acknowledging that change in the Earth’s climate and its ad­ verse effects are a common concern of humankind, Concerned that human activities have been substantially in­ creasing the atmospheric concentrations of greenhouse gases, that these increases enhance the natural greenhouse effect, and that this will result on average in an additional warming of the Earth’s surface and atmosphere and may adversely affect nat­ ural ecosystems and humankind, Noting that the largest share of historical and current global emissions of greenhouse gases has originated in developed countries, that per capita emissions in developing countries are still relatively low and that the share of global emissions ori­ ginating in developing countries will grow to meet their social and development needs, Aware of the role and importance in terrestrial and marine ecosystems of sinks and reservoirs of greenhouse gases, Noting that there are many uncertainties in predictions of cli­
 mate change, particularly with regard to the timing, magnitude and regional patterns thereof, Acknowledging that the global nature of climate change calls for the widest possible cooperation by all countries and their participation in an effective and appropriate international re­ sponse, in accordance with their common but differentiated responsibilities and respective capabilities and their social and economic conditions, Recalling the pertinent provisions of the Declaration of the United Nations
 Conference on the Human Environment, adopted at Stockholm on 16 June 1972, Recalling also that States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental and developmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction, 50 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Preamble Reafﬁrming the principle of sovereignty of States in inter­ national cooperation to address climate change, Recognizing that States should enact effective environmental legislation, that environmental standards, management object­ ives and priorities should reﬂect the environmental and devel­ opmental context to which they apply, and that standards ap­ plied by some countries may be inappropriate and of unwar­ ranted economic and social cost to other countries, in particu­ lar developing countries, Recalling the provisions of General Assembly resolution 44/228 of 22 December 1989 on the United Nations Con­ ference on Environment and Development, and resolutions 43/53 of 6 December 1988, 44/207 of 22 December 1989, 45/212 of 21 December 1990 and 46/169 of 19 December 1991 on protection of global climate for present and future generations of mankind, Recalling also the provisions of General
 Assembly resolution 44/206 of 22 December 1989 on the possible adverse effects of sea­level rise on islands and coastal areas, particularly low­ lying coastal areas and the pertinent provisions of General As­ sembly resolution 44/172 of 19 December 1989 on the imple­ mentation of the Plan of Action to Combat Desertiﬁcation, Recalling further the Vienna Convention for the Protection of the Ozone Layer, 1985, and the Montreal Protocol on Sub­ stances that Deplete the Ozone Layer, 1987, as adjusted and amended
 on 29 June 1990, Noting the Ministerial Declaration of the Second World Cli­ mate Conference adopted on 7 November 1990, Conscious of the valuable analytical work being conducted by many States on climate change and of the important contri­ butions of the World Meteorological Organization, the United Nations Environment Programme and other organs, organiza­ tions and bodies of the United Nations system, as well as other international and intergovernmental bodies, to the exchange of results of scientiﬁc research and the coordination of research, Recognizing that steps required to understand and address climate change will be environmentally, socially and econom­ ically most effective if they are based on relevant scientiﬁc, 51 Preamble Climate Change Response Act 2002 Reprinted as at 1 January 2008 technical and economic considerations and continually re­evaluated in the light of new ﬁndings in these areas, Recognizing that various actions to address climate change can be justiﬁed economically in their own right and can also help in solving other environmental problems, Recognizing also the need for developed countries to take im­ mediate action in a ﬂexible manner on the basis of clear prior­ ities, as a ﬁrst step towards comprehensive response strategies at the global, national and, where agreed, regional levels that take into account all greenhouse gases, with due consideration of their relative contributions to the enhancement of the green­ house effect, Recognizing further that low­lying and other small island countries, countries with low­lying coastal, arid and semi­arid areas or areas liable to ﬂoods, drought and desertiﬁcation, and developing countries with fragile mountainous ecosystems are particularly vulnerable to the adverse effects of climate change, Recognizing the special difﬁculties of those countries, espe­ cially developing countries, whose economies are particularly dependent on fossil fuel production, use and exportation, as a consequence of
 action taken on limiting greenhouse gas emis­ sions, Afﬁrming that responses to climate change should be coordi­ nated with social and economic development in an integrated manner with a view to avoiding adverse impacts on the lat­ ter, taking into full account the legitimate priority needs of de­ veloping countries for the achievement of sustained economic growth and the eradication of poverty, Recognizing that all countries, especially developing coun­ tries, need access to resources required to achieve sustainable social and economic development and that, in order for de­ veloping countries to progress towards that goal, their energy consumption will need to grow taking into account the possi­ bilities for achieving greater energy efﬁciency and for control­ ling greenhouse gas emissions in general, including through the application of new technologies on terms which make such an application economically and socially beneﬁcial, 52 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Preamble Determined to protect the climate system for present and fu­ ture generations, Have agreed as follows: ARTICLE 1 DEFINITIONS1 For the purposes of this Convention: 1.
Adverse effects of climate change means changes in the physical environment or biota resulting from climate change which have signiﬁcant deleterious effects on the composition, resilience or productivity of natural and managed ecosystems or on the operation of socio­economic systems or on human health and welfare.
Climate change means a change of climate which is attributed directly or indirectly to human activity that alters the com­ position of the global atmosphere and which is in addition to natural climate variability observed over comparable time periods.

Climate system means the totality of the atmosphere, hydro­ sphere, biosphere and geosphere and their interactions.

Emissions means the release of greenhouse gases and/or their precursors into the atmosphere over a speciﬁed area and period of time.
Greenhouse gases means those gaseous constituents of the atmosphere, both natural and anthropogenic, that absorb and re­emit infrared radiation.

Regional economic integration organization means an or­ ganization constituted by sovereign States of a given region which has competence in respect of matters governed by this Convention or its protocols and has been duly authorized, in accordance with its internal procedures, to sign, ratify, accept, approve or accede to the instruments concerned.
Reservoir means a component or components of the climate system where a greenhouse gas or a precursor of a greenhouse gas is stored.

2.

3.

4.

5.

6.

7.

1 Titles of articles are included solely to assist the reader.

53 Preamble Climate Change Response Act 2002 Reprinted as at 1 January 2008 8.

9.

Sink means any process, activity or mechanism which re­ moves a greenhouse gas, an aerosol or a precursor of a green­ house gas from the atmosphere.
Source means any process or activity which releases a green­ house gas, an aerosol or a precursor of a greenhouse gas into the atmosphere.
ARTICLE 2 OBJECTIVE The ultimate objective of this Convention and any related legal instruments that the Conference of the Parties may adopt is to achieve, in accordance with the relevant provisions of the Con­ vention, stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthro­ pogenic interference with the climate system.
Such a level should be achieved within a time­frame sufﬁcient to allow ecosystems to adapt naturally to climate change, to ensure that food production is not threatened and to enable economic de­ velopment to proceed in a sustainable manner.

ARTICLE 3 PRINCIPLES In their actions to achieve the objective of the Convention and to implement its provisions, the Parties shall be guided, inter alia, by the following: 1.
The Parties should protect the climate system for the beneﬁt of present and future generations of humankind, on the basis of equity and in accordance with their common but differentiated responsibilities and respective capabilities.

Accordingly, the developed country Parties should take the lead in combating climate change and the adverse effects thereof.
The speciﬁc needs and special circumstances of developing country Parties, especially those that are particularly vulnera­ ble to the adverse effects of climate change, and of those Par­ ties, especially developing country Parties, that would have to bear a disproportionate or abnormal burden under the Conven­ tion, should be given full consideration.

The Parties should take precautionary measures to anticipate, prevent or minimize the causes of climate change and mitigate its adverse effects.
Where there are threats of serious or irre­ 2.

3.

54 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Preamble versible damage, lack of full scientiﬁc certainty should not be used as a reason for postponing such measures, taking into ac­ count that policies and measures to deal with climate change should be cost­effective so as to ensure global beneﬁts at the lowest possible cost.
To achieve this, such policies and meas­ ures should take into account different socio­economic con­ texts, be comprehensive, cover all relevant sources, sinks and reservoirs of greenhouse gases and adaptation, and comprise all economic sectors.

Efforts to address climate change may be carried out cooperatively by interested Parties.

The Parties have a right to, and should, promote sustainable development.
Policies and measures to protect the climate sys­ tem against human­induced change should be appropriate for the speciﬁc conditions of each Party and should be integrated with national development programmes, taking into account that economic development is essential for adopting measures to address climate change.
The Parties should cooperate to promote a supportive and open international economic system that would lead to sustainable economic growth and development in all Parties, particularly developing country Parties, thus enabling them better to ad­ dress the problems of climate change.

Measures taken to com­ bat climate change, including unilateral ones, should not con­ stitute a means of arbitrary or unjustiﬁable discrimination or a disguised restriction on international trade.

4.

5.
4.

5.

ARTICLE 4 COMMITMENTS 1.
All Parties, taking into account their common but differenti­ ated responsibilities and their speciﬁc national and regional development priorities, objectives and circumstances, shall: (a) Develop, periodically update, publish and make avail­ able to the Conference of the Parties, in accordance with Article 12, national inventories of anthropogenic emis­ sions by sources and removals by sinks of all green­ house gases not controlled by the Montreal Protocol, using comparable methodologies to be agreed upon by the Conference of the Parties; Formulate, implement, publish and regularly update national and, where appropriate, regional programmes (b) 55 Preamble Climate Change Response Act 2002 Reprinted as at 1 January 2008 (c) (d) (e) (f) (g) containing measures to mitigate climate change by addressing anthropogenic emissions by sources and re­ movals by sinks of all greenhouse gases not controlled by the Montreal Protocol, and measures to facilitate adequate adaptation to climate change; Promote and cooperate in the development, applica­ tion and diffusion, including transfer, of technologies, practices and processes that control, reduce or prevent anthropogenic emissions of greenhouse gases not con­ trolled by the Montreal Protocol in all relevant sectors, including the energy, transport, industry, agriculture, forestry and waste management sectors; Promote sustainable management, and promote and cooperate in the conservation and enhancement, as appropriate, of sinks and reservoirs of all greenhouse in­ gases
 not controlled by the Montreal Protocol, cluding biomass, forests and oceans as well as other terrestrial, coastal and marine ecosystems; Cooperate in preparing for adaptation to the impacts of climate change; develop and elaborate appropriate and integrated plans for coastal zone management, water resources and agriculture, and for the protection and rehabilitation of areas, particularly in Africa, affected by drought and desertiﬁcation, as well as ﬂoods; Take climate change considerations into account, to the extent feasible, in their relevant social, economic and environmental policies and actions, and employ appro­ priate methods, for example impact assessments, for­ mulated and determined nationally, with a view to mini­ mizing adverse effects on the economy, on public health and on the quality of the environment, of projects or measures undertaken by them to mitigate or adapt to climate change; technological, Promote and cooperate in scientiﬁc, technical, socio­economic and other research, sys­ tematic observation and development of data archives related to the climate system and intended to further the understanding and to reduce or eliminate the remaining uncertainties regarding the causes, effects, magnitude 56 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Preamble 2.
(h) (i) (j) and timing of climate change and the economic and social consequences of various response strategies; Promote and cooperate in the full, open and prompt ex­ change of relevant scientiﬁc, technological, technical, socio­economic and legal information related to the cli­ mate system and climate change, and to the economic and social consequences of various response strategies; Promote and cooperate in education, training and public awareness related to climate change and encourage the widest participation in this process, including that of non­governmental organizations; and Communicate to the Conference of the Parties informa­ tion related to implementation, in accordance with Art­ icle 12.
The developed country Parties and other Parties included in Annex I commit themselves speciﬁcally as provided for in the following: (a) Each of these Parties shall adopt national 2 policies and take corresponding measures on the mitigation of cli­ mate change, by limiting its anthropogenic emissions of greenhouse gases and protecting and enhancing its greenhouse gas sinks and reservoirs.
These poli­ cies and measures will demonstrate that developed countries are taking the lead in modifying longer­term trends in anthropogenic emissions consistent with the objective of the Convention, recognizing that the re­ turn by the end of the present decade to earlier levels of anthropogenic emissions of carbon dioxide and other greenhouse gases not controlled by the Montreal Protocol would contribute to such modiﬁcation, and taking into account the differences in these Parties’ starting points and approaches, economic structures and resource bases, the need to maintain strong and sustainable economic growth, available technologies and other individual circumstances, as well as the need for equitable and appropriate contributions by 2 This includes policies and measures adopted by regional economic integra­ tion organizations.
57 Preamble Climate Change Response Act 2002 Reprinted as at 1 January 2008 (b) (c) (d) each of these Parties to the global effort regarding that objective.
These Parties may implement such policies and measures jointly with other Parties and may assist other Parties in contributing to the achievement of the objective of the Convention and, in particular, that of this subparagraph; In order to promote progress to this end, each of these Parties shall communicate, within six months of the en­ try into force of the Convention for it and periodic­ ally thereafter, and in accordance with Article 12, de­ tailed information on its policies and measures referred to in subparagraph (a) above, as well as on its resulting projected anthropogenic emissions by sources and re­ movals by sinks of greenhouse gases not controlled by the Montreal Protocol for the period referred to in sub­ paragraph (a), with the aim of returning individually or jointly to their 1990 levels these anthropogenic emis­ sions of carbon dioxide and other greenhouse gases not controlled by the Montreal Protocol.
This information will be reviewed by the Conference of the Parties, at its ﬁrst session and periodically thereafter, in accordance with Article 7; Calculations of emissions by sources and removals by sinks of greenhouse gases for the purposes of sub­ paragraph (b) above should take into account the best available scientiﬁc knowledge, including of the effect­ ive capacity of sinks and the respective contributions of such gases to climate change.
The Conference of the Parties shall consider and agree on methodologies for these calculations at its ﬁrst session and review them regularly thereafter; The Conference of the Parties shall, at its ﬁrst ses­ sion, review the adequacy of subparagraphs (a) and (b) above.

Such review shall be carried out in the light of the best available scientiﬁc information and assessment on climate change and its impacts, as well as relevant technical, social and economic information.
Based on this review, the Conference of the Parties shall take appropriate action, which may include the 58 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Preamble adoption of amendments to the commitments in sub­ paragraphs (a) and (b) above.

The Conference of the Parties, at its ﬁrst session, shall also take decisions regarding criteria for joint implementation as indicated in subparagraph (a) above.
A second review of sub­ paragraphs (a) and (b) shall take place not later than 31 December 1998, and thereafter at regular intervals determined by the Conference of the Parties, until the objective of the Convention is met; Each of these Parties shall : (i) Coordinate as appropriate with other such Par­ ties, relevant economic and administrative instru­ ments developed to achieve the objective of the Convention; and Identify and periodically review its own policies and practices which encourage activities that lead to greater levels of anthropogenic emissions of greenhouse gases not controlled by the Montreal Protocol than would otherwise occur; (ii) The Conference of the Parties shall review, not later than 31 December 1998, available information with a view to taking decisions regarding such amendments to the lists in Annexes I and II as may be appropriate, with the approval of the Party concerned; (e) (f) 3.
(g) Any Party not included in Annex I may, in its instrument of ratiﬁcation, acceptance, approval or accession, or at any time thereafter, notify the Depositary that it intends to be bound by subparagraphs (a) and (b) above.

The Depositary shall inform the other signatories and Parties of any such notiﬁcation.
The developed country Parties and other developed Parties in­ cluded in Annex II shall provide new and additional ﬁnancial resources to meet the agreed full costs incurred by developing country Parties in complying with their obligations under Art­ icle 12, paragraph 1.
They shall also provide such ﬁnancial resources, including for the transfer of technology, needed by the developing country Parties to meet the agreed full incre­ mental costs of implementing measures that are covered by paragraph 1 of this Article and that are agreed between a de­ 59 Preamble Climate Change Response Act 2002 Reprinted as at 1 January 2008 veloping country Party and the international entity or entities referred to in Article 11, in accordance with that Article.
The implementation of these commitments shall take into account the need for adequacy and predictability in the ﬂow of funds and the importance of appropriate burden sharing among the developed country Parties.

The developed country Parties and other developed Parties in­ cluded in Annex II shall also assist the developing country Parties that are particularly vulnerable to the adverse effects of climate change in meeting costs of adaptation to those ad­ verse effects.
The developed country Parties and other developed Parties in­ cluded in Annex II shall take all practicable steps to promote, facilitate and ﬁnance, as appropriate, the transfer of, or ac­ cess to, environmentally sound technologies and know­how to other Parties, particularly developing country Parties, to en­ able them to implement the provisions of the Convention.
In this process, the developed country Parties shall support the development and enhancement of endogenous capacities and technologies of developing country Parties.

Other Parties and organizations in a position to do so may also assist in facilitat­ ing the transfer of such technologies.
In the implementation of their commitments under paragraph 2 above, a certain degree of ﬂexibility shall be allowed by the Conference of the Parties to the Parties included in Annex I undergoing the process of transition to a market economy, in order to enhance the ability of these Parties to address climate change, including with regard to the historical level of anthro­ pogenic emissions of greenhouse gases not controlled by the Montreal Protocol chosen as a reference.
The extent to which developing country Parties will effectively implement their commitments under the Convention will de­ pend on the effective implementation by developed country Parties of their commitments under the Convention related to ﬁnancial resources and transfer of technology and will take fully into account that economic and social development and poverty eradication are the ﬁrst and overriding priorities of the developing country Parties.

4.

5.

6.

7.
4.

5.

6.

7.

60 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Preamble 8.

9.

10.
(d) (e) (f) (g) (h) In the implementation of the commitments in this Article, the Parties shall give full consideration to what actions are neces­ sary under the Convention, including actions related to fund­ ing, insurance and the transfer of technology, to meet the spe­ ciﬁc needs and concerns of developing country Parties arising from the adverse effects of climate change and/or the impact of the implementation of response measures, especially on: (a) (b) (c) Small island countries; Countries with low­lying coastal areas; Countries with arid and semi­arid areas, forested areas and areas liable to forest decay; Countries with areas prone to natural disasters; Countries with areas liable to drought and desertiﬁca­ tion; Countries with areas of high urban atmospheric pollu­ tion; Countries with areas with fragile ecosystems, including mountainous ecosystems; Countries whose economies are highly dependent on in­ come generated from the production, processing and ex­ port, and/or on consumption of fossil fuels and associ­ ated energy­intensive products; and Land­locked and transit countries.
(i) Further, the Conference of the Parties may take actions, as appropriate, with respect to this paragraph.

The Parties shall take full account of the speciﬁc needs and special situations of the least developed countries in their ac­ tions with regard to funding and transfer of technology.
The Parties shall, in accordance with Article 10, take into consideration in the implementation of the commitments of the Convention the situation of Parties, particularly devel­ oping country Parties, with economies that are vulnerable to the adverse effects of the implementation of measures to respond to climate change.
This applies notably to Parties with economies that are highly dependent on income gen­ erated from the production, processing and export, and/or consumption of fossil fuels and associated energy­intensive products and/or the use of fossil fuels for which such Parties have serious difﬁculties in switching to alternatives.
61 Preamble Climate Change Response Act 2002 Reprinted as at 1 January 2008 ARTICLE 5 RESEARCH AND SYSTEMATIC OBSERVATION In carrying out their commitments under Article 4, paragraph 1(g), the Parties shall: (a) inter­ Support and further develop, as appropriate, national and intergovernmental programmes and net­ works or organizations aimed at deﬁning, conducting, assessing and ﬁnancing research, data collection and systematic observation, taking into account the need to minimize duplication of effort; Support international and intergovernmental efforts to strengthen systematic observation and national scien­ tiﬁc and technical research capacities and capabilities, particularly in developing countries, and to promote ac­ cess to, and the exchange of, data and analyses thereof obtained from areas beyond national jurisdiction; and Take into account the particular concerns and needs of developing countries and cooperate in improving their endogenous capacities and capabilities to partici­ pate in the efforts referred to in subparagraphs (a) and (b) above.
(b) (c) ARTICLE 6 EDUCATION, TRAINING AND PUBLIC AWARENESS In carrying out their commitments under Article 4, paragraph 1(i), the Parties shall: (a) Promote and facilitate at the national and, as appropri­ ate, subregional and regional levels, and in accordance with national laws and regulations, and within their re­ spective capacities: (i) The development and implementation of educa­ tional and public awareness programmes on cli­ mate change and its effects; Public access to information on climate change and its effects; (ii) (iii) Public participation in addressing climate change and its effects and developing adequate re­ sponses; and 62 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Preamble (iv) Training of scientiﬁc, technical and man­ agerial personnel.
(b) (ii) Cooperate in and promote, at the international level, and, where appropriate, using existing bodies: (i) The development and exchange of educational and public awareness material on climate change and its effects; and The development and implementation of edu­ cation and training programmes, including the strengthening of national institutions and the ex­ change or secondment of personnel to train ex­ perts in this ﬁeld, in particular for developing countries.
ARTICLE 7 CONFERENCE OF THE PARTIES 1.

2.

A Conference of the Parties is hereby established.

The Conference of the Parties, as the supreme body of this Convention, shall keep under regular review the implemen­ tation of the Convention and any related legal instruments that the Conference of the Parties may adopt, and shall make, within its mandate, the decisions necessary to promote the ef­ fective implementation of the Convention.
To this end, it shall: Periodically examine the obligations of the Parties and (a) the institutional arrangements under the Convention, in the light of the objective of the Convention, the experi­ ence gained in its implementation and the evolution of scientiﬁc and technological knowledge; Promote and facilitate the exchange of information on measures adopted by the Parties to address climate change and its effects, taking into account the differing circumstances, responsibilities and capabilities of the Parties and their respective commitments under the Convention; Facilitate, at the request of two or more Parties, the co­ ordination of measures adopted by them to address cli­ mate change and its effects, taking into account the dif­ fering circumstances, responsibilities and capabilities of the Parties and their respective commitments under the Convention; (b) (c) 63 Preamble Climate Change Response Act 2002 Reprinted as at 1 January 2008 (d) (e) (f) Promote and guide, in accordance with the objective and provisions of the Convention, the development and periodic reﬁnement of comparable methodologies, to be agreed on by the Conference of the Parties, inter alia, for preparing inventories of greenhouse gas emissions by sources and removals by sinks, and for evaluating the effectiveness of measures to limit the emissions and enhance the removals of these gases; Assess, on the basis of all information made available to it in accordance with the provisions of the Convention, the implementation of the Convention
 by the Parties, the overall effects of the measures taken pursuant to the Convention, in particular environmental, economic and social effects as well as their cumulative impacts and the extent to which progress towards the objective of the Convention is being achieved; Consider and adopt regular reports on the implementa­ tion of the Convention and ensure their publication; (g) Make recommendations on any matters necessary for (h) (i) (j) the implementation of the Convention; Seek to mobilize ﬁnancial resources in accordance with Article 4, paragraphs 3, 4 and 5, and Article 11; Establish such subsidiary bodies as are deemed neces­ sary for the implementation of the Convention; Review reports submitted by its subsidiary bodies and provide guidance to them; (l) (k) Agree upon and adopt, by consensus, rules of proced­ ure and ﬁnancial rules for itself and for any subsidiary bodies; Seek and utilize, where appropriate, the services and cooperation of, and information provided by, competent international organizations and intergovernmental and non­governmental bodies; and (m) Exercise such other functions as are required for the achievement of the objective of the Convention as well as all other functions assigned to it under the Conven­ tion.
The Conference of the Parties shall, at its ﬁrst session, adopt its own rules of procedure as well as those of the subsidiary bod­ 3.

64 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Preamble 4.

5.

6. ies established by the Convention, which shall include deci­ sion­making procedures for matters not already covered by de­ cision­making procedures stipulated in the Convention.

Such procedures may include speciﬁed majorities required for the adoption of particular decisions.
The ﬁrst session of the Conference of the Parties shall be con­ vened by the interim secretariat referred to in Article 21 and shall take place not later than one year after the date of entry into force of the Convention.

Thereafter, ordinary sessions of the Conference of the Parties shall be held every year unless otherwise decided by the Conference of the Parties.
Extraordinary sessions of the Conference of the Parties shall be held at such other times as may be deemed necessary by the Conference, or at the written request of any Party, provided that, within six months of the request being communicated to the Parties by the secretariat, it is supported by at least one third of the Parties.
The United Nations, its specialized agencies and the Inter­ national Atomic Energy Agency, as well as any State mem­ ber thereof or observers thereto not Party to the Convention, may be represented at sessions of the Conference of the Parties as observers.
Any body or agency, whether national or inter­ national, governmental or non­governmental, which is quali­ ﬁed in matters covered by the Convention, and which has in­ formed the secretariat of its wish to be represented at a session of the Conference of the Parties as an observer, may be so ad­ mitted unless at least one third of the Parties present object.

The admission and participation of observers shall be subject to the rules of procedure adopted by the Conference of the Par­ ties.
ARTICLE 8 SECRETARIAT 1.

2.

A secretariat is hereby established.
The functions of the secretariat shall be: (a) To make arrangements for sessions of the Conference of the Parties and its subsidiary bodies established under the Convention and to provide them with services as required; To compile and transmit reports submitted to it; (b) 65 Preamble Climate Change Response Act 2002 Reprinted as at 1 January 2008 (c) (d) (e) (f) (g) To facilitate assistance to the Parties, particularly de­ veloping country Parties, on request, in the compilation and communication of information required in accord­ ance with the provisions of the Convention; To prepare reports on its activities and present them to the Conference of the Parties; To ensure the necessary coordination with the secretari­ ats of other relevant international bodies; To enter, under the overall guidance of the Conference of the Parties, into such administrative and contractual arrangements as may be required for the effective dis­ charge of its functions; and To perform the other secretariat functions speciﬁed in the Convention and in any of its protocols and such other functions as may be determined by the Confer­ ence of the Parties.
3.

The Conference of the Parties, at its ﬁrst session, shall des­ ignate a permanent secretariat and make arrangements for its functioning.

ARTICLE 9 SUBSIDIARY BODY FOR SCIENTIFIC AND TECHNOLOGICAL ADVICE A subsidiary body for scientiﬁc and technological advice is hereby established to provide the Conference of the Parties and, as appropriate, its other subsidiary bodies with timely in­ formation and advice on scientiﬁc and technological matters relating to the Convention.
This body shall be open to par­ ticipation by all Parties and shall be multidisciplinary.

It shall comprise government representatives competent in the rele­ vant ﬁeld of expertise.

It shall report regularly to the Confer­ ence of the Parties on all aspects of its work.
Under the guidance of the Conference of the Parties, and draw­ ing upon existing competent international bodies, this body shall: (a) Provide assessments of the state of scientiﬁc knowledge relating to climate change and its effects; Prepare scientiﬁc assessments on the effects of meas­ ures taken in the implementation of the Convention; (b) 1.

2.
66 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Preamble (c) (d) (e) Identify innovative, efﬁcient and state­of­the­art tech­ nologies and know­how and advise on the ways and means of promoting development and/or transferring such technologies; Provide advice on scientiﬁc programmes, international cooperation in research and development related to cli­ mate change, as well as on ways and means of support­ ing endogenous capacity­building in developing coun­ tries; and Respond to scientiﬁc, technological and methodologi­ cal questions that the Conference of the Parties and its subsidiary bodies may put to the body.
3.

The functions and terms of reference of this body may be fur­ ther elaborated by the Conference of the Parties.

ARTICLE 10 SUBSIDIARY BODY FOR 1.

2.

IMPLEMENTATION A subsidiary body for implementation is hereby established to assist the Conference of the Parties in the assessment and re­ view of the effective implementation of the Convention.

This body shall be open to participation by all Parties and comprise government representatives who are experts on matters related to climate change.
It shall report regularly to the Conference of the Parties on all aspects of its work.
Under the guidance of the Conference of the Parties, this body shall: (a) Consider the information communicated in accordance with Article 12, paragraph 1, to assess the overall ag­ gregated effect of the steps taken by the Parties in the light of the latest scientiﬁc assessments concerning cli­ mate change; Consider the information communicated in accordance with Article 12, paragraph 2, in order to assist the Con­ ference of the Parties in carrying out the reviews re­ quired by Article 4, paragraph 2(d); and Assist the Conference of the Parties, as appropriate, in the preparation and implementation of its decisions.
(b) (c) 67 Preamble Climate Change Response Act 2002 Reprinted as at 1 January 2008 ARTICLE 11 FINANCIAL MECHANISM 1.

A mechanism for the provision of ﬁnancial resources on a grant or concessional basis, including for the transfer of tech­ nology, is hereby deﬁned.

It shall function under the guidance of and be accountable to the Conference of the Parties, which shall decide on its policies, programme priorities and eligibil­ ity criteria related to this Convention.
Its operation shall be entrusted to one or more existing international entities.

The ﬁnancial mechanism shall have an equitable and balanced representation of all Parties within a transparent system of governance.
The Conference of the Parties and the entity or entities en­ trusted with the operation of the ﬁnancial mechanism shall agree upon arrangements to give effect to the above para­ graphs, which shall include the following: (a) Modalities to ensure that the funded projects to address climate change are in conformity with the policies, pro­ gramme priorities and eligibility criteria established by the Conference of the Parties; (c) (b) Modalities by which a particular funding decision may be reconsidered in light of these policies, programme priorities and eligibility criteria; Provision by the entity or entities of regular reports to the Conference of the Parties on its funding operations, which is consistent with the requirement for account­ ability set out in paragraph 1 above; and (d) Determination in a predictable and identiﬁable manner of the amount of funding necessary and available for the implementation of this Convention and the conditions under which that amount shall be periodically reviewed.
The Conference of the Parties shall make arrangements to im­ plement the above­mentioned provisions at its ﬁrst session, re­ viewing and taking into account the interim arrangements re­ ferred to in Article 21, paragraph 3, and shall decide whether these interim arrangements shall be maintained.

Within four years thereafter, the Conference of the Parties shall review the ﬁnancial mechanism and take appropriate measures.
The developed country Parties may also provide and devel­ oping country Parties avail themselves of, ﬁnancial resources 2.

3.

4.

5.

68 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Preamble related to the implementation of the Convention through bilat­ eral, regional and other multilateral channels.

ARTICLE 12 COMMUNICATION OF INFORMATION 1.

2.

3.

4.
RELATED TO IMPLEMENTATION In accordance with Article 4, paragraph 1, each Party shall communicate to the Conference of the Parties, through the sec­ retariat, the following elements of information: (a) A national inventory of anthropogenic emissions by sources and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol, to the extent its capacities permit, using comparable methodologies to be promoted and agreed upon by the Conference of the Parties; (b) A general description of steps taken or envisaged by the (c) Party to implement the Convention; and Any other information that the Party considers rele­ vant to the achievement of the objective of the Conven­ tion and suitable for inclusion in its communication, in­ cluding, if feasible, material relevant for calculations of global emission trends.
Each developed country Party and each other Party included in Annex I shall incorporate in its communication the following elements of information: (a) A detailed description of the policies and measures that it has adopted to implement its commitment under Art­ icle 4, paragraphs 2(a) and 2(b); and (b) A speciﬁc estimate of the effects that the policies and measures referred to in subparagraph (a) immediately above will have on anthropogenic emissions by its sources and removals by its sinks of greenhouse gases during the period referred to in Article 4, paragraph 2(a).
In addition, each developed country Party and each other de­ veloped Party included in Annex II shall incorporate details of measures taken in accordance with Article 4, paragraphs 3, 4 and 5.
Developing country Parties may, on a voluntary basis, propose projects for ﬁnancing, including speciﬁc technologies, mater­ 69 Preamble Climate Change Response Act 2002 Reprinted as at 1 January 2008 ials, equipment, techniques or practices that would be needed to implement such projects, along with, if possible, an esti­ mate of all incremental costs, of the reductions of emissions and increments of removals of greenhouse gases, as well as an estimate of the consequent beneﬁts.
Each developed country Party and each other Party included in Annex I shall make its initial communication within six months of the entry into force of the Convention for that Party.

Each Party not so listed shall make its initial communication within three years of the entry into force of the Convention for that Party, or of the availability of ﬁnancial resources in accordance with Article 4, paragraph 3.

Parties that are least developed countries may make their initial communication at their discretion.
The frequency of subsequent communica­ tions by all Parties shall be determined by the Conference of the Parties, taking into account the differentiated timetable set by this paragraph.

Information communicated by Parties under this Article shall be transmitted by the secretariat as soon as possible to the Con­ ference of the Parties and to any subsidiary bodies concerned.

If necessary, the procedures for the communication of infor­ mation may be further considered by the Conference of the Parties.
From its ﬁrst session, the Conference of the Parties shall ar­ range for the provision to developing country Parties of tech­ nical and ﬁnancial support, on request, in compiling and com­ municating information under this Article, as well as in iden­ tifying the technical and ﬁnancial needs associated with pro­ posed projects and response measures under Article 4.

Such support may be provided by other Parties, by competent inter­ national organizations and by the secretariat, as appropriate.
Any group of Parties may, subject to guidelines adopted by the Conference of the Parties, and to prior notiﬁcation to the Conference of the Parties, make a joint communication in ful­ ﬁlment of their obligations under this Article, provided that such a communication includes information on the fulﬁlment by each of these Parties of its individual obligations under the Convention.

5.

6.

7.

8.

70 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Preamble 9.

10.
10.

Information received by the secretariat that is designated by a Party as conﬁdential, in accordance with criteria to be estab­ lished by the Conference of the Parties, shall be aggregated by the secretariat to protect its conﬁdentiality before being made available to any of the bodies involved in the communication and review of information.
Subject to paragraph 9 above, and without prejudice to the ability of any Party to make public its communication at any time, the secretariat shall make communications by Parties under this Article publicly available at the time they are sub­ mitted to the Conference of the Parties.
ARTICLE 13 RESOLUTION OF QUESTIONS REGARDING IMPLEMENTATION The Conference of the Parties shall, at its ﬁrst session, con­ sider the establishment of a multilateral consultative process, available to Parties on their request, for the resolution of ques­ tions regarding the implementation of the Convention.

ARTICLE 14 SETTLEMENT OF DISPUTES 1.


In the event of a dispute between any two or more Parties con­ cerning the interpretation or application of the Convention, the Parties concerned shall seek a settlement of the dispute through negotiation or any other peaceful means of their own choice.

2.
When ratifying, accepting, approving or acceding to the Convention, or at any time thereafter, a Party which is not a regional economic integration organization may declare in a written instrument submitted to the Depositary that, in respect of any dispute concerning the interpretation or application of the Convention, it recognizes as compulsory ipso facto and without special agreement, in relation to any Party accepting the same obligation: (a) Submission of the dispute to the International Court of Justice, and/or (b) Arbitration in accordance with procedures to be adopted by the Conference of the Parties as soon as practicable, in an annex on arbitration.
71 Preamble Climate Change Response Act 2002 Reprinted as at 1 January 2008 A Party which is a regional economic integration organization may make a declaration with like effect in relation to arbitra­ tion in accordance with the procedures referred to in subpara­ graph (b) above.

A declaration made under paragraph 2 above shall remain in force until it expires in accordance with its terms or until three months after written notice of its revocation has been deposited with the Depositary.
A new declaration, a notice of revocation or the expiry of a declaration shall not in any way affect proceedings pending before the International Court of Justice or the arbitral tribunal, unless the parties to the dispute otherwise agree.
Subject to the operation of paragraph 2 above, if after twelve months following notiﬁcation by one Party to another that a dispute exists between them, the Parties concerned have not been able to settle their dispute through the means mentioned in paragraph 1 above, the dispute shall be submitted, at the request of any of the parties to the dispute, to conciliation.

A conciliation commission shall be created upon the request of one of the parties to the dispute.
The commission shall be composed of an equal number of members appointed by each party concerned and a chairman chosen jointly by the mem­ bers appointed by each party.

The commission shall render a recommendatory award, which the parties shall consider in good faith.

Additional procedures relating to conciliation shall be adopted by the Conference of the Parties, as soon as practicable, in an annex on conciliation.
The provisions of this Article shall apply to any related legal instrument which the Conference of the Parties may adopt, unless the instrument provides otherwise.

3.

4.

5.

6.

7.

8.

ARTICLE 15 AMENDMENTS TO THE CONVENTION Any Party may propose amendments to the Convention.

1.

Amendments to the Convention shall be adopted at an ordinary 2. session of the Conference of the Parties.
The text of any pro­ posed amendment to the Convention shall be communicated to the Parties by the secretariat at least six months before the 72 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Preamble meeting at which it is proposed for adoption.

The secretariat shall also communicate proposed amendments to the signa­ tories to the Convention and, for information, to the Deposit­ ary.
The Parties shall make every effort to reach agreement on any proposed amendment to the Convention by consensus.

If all efforts at consensus have been exhausted, and no agreement reached, the amendment shall as a last resort be adopted by a three­fourths majority vote of the Parties present and voting at the meeting.

The adopted amendment shall be communicated by the secretariat to the Depositary, who shall circulate it to all Parties for their acceptance.
Instruments of acceptance in respect of an amendment shall be deposited with the Depositary.

An amendment adopted in accordance with paragraph 3 above shall enter into force for those Parties having accepted it on the ninetieth day after the date of receipt by the Depositary of an instrument of accept­ ance by at least three fourths of the Parties to the Convention.
The amendment shall enter into force for any other Party on the ninetieth day after the date on which that Party deposits with the Depositary its instrument of acceptance of the said amendment.

For the purposes of this Article, Parties present and voting means Parties present and casting an afﬁrmative or negative vote.

3.

4.

5.

6.

ARTICLE 16 ADOPTION AND AMENDMENT OF 1.


ANNEXES TO THE CONVENTION Annexes to the Convention shall form an integral part thereof and, unless otherwise expressly provided, a reference to the Convention constitutes at the same time a reference to any annexes thereto.
Without prejudice to the provisions of Article 14, paragraphs 2(b) and 7, such annexes shall be restricted to lists, forms and any other material of a descriptive nature that is of a scientiﬁc, technical, procedural or administrative character.

73 Preamble Climate Change Response Act 2002 Reprinted as at 1 January 2008 2.

3.

4.

5.

Annexes to the Convention shall be proposed and adopted in accordance with the procedure set forth in Article 15, para­ graphs 2, 3 and 4.
An annex that has been adopted in accordance with paragraph 2 above shall enter into force for all Parties to the Convention six months after the date of the communication by the De­ positary to such Parties of the adoption of the annex, except for those Parties that have notiﬁed the Depositary, in writing, within that period of their non­acceptance of the annex.
The annex shall enter into force for Parties which withdraw their notiﬁcation of non­acceptance on the ninetieth day after the date on which withdrawal of such notiﬁcation has been re­ ceived by the Depositary.

The proposal, adoption and entry into force of amendments to annexes to the Convention shall be subject to the same pro­ cedure as that for the proposal, adoption and entry into force of annexes to the Convention in accordance with paragraphs 2 and 3 above.
If the adoption of an annex or an amendment to an annex in­ volves an amendment to the Convention, that annex or amend­ ment to an annex shall not enter into force until such time as the amendment to the Convention enters into force.

ARTICLE 17 PROTOCOLS 1.

The Conference of the Parties may, at any ordinary session, adopt protocols to the Convention.

The text of any proposed protocol shall be communicated to the Parties by the secretariat at least six months before such a session.
The requirements for the entry into force of any protocol shall be established by that instrument.

Only Parties to the Convention may be Parties to a protocol.

Decisions under any protocol shall be taken only by the Parties to the protocol concerned.

2.

3.

4.

5.

ARTICLE 18 RIGHT TO VOTE 1.

Each Party to the Convention shall have one vote, except as provided for in paragraph 2 below.
74 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Preamble 2. in matters Regional economic integration organizations, within their competence, shall exercise their right to vote with a number of votes equal to the number of their member States that are Parties to the Convention.

Such an organization shall not exercise its right to vote if any of its member States exercises its right, and vice versa.
ARTICLE 19 DEPOSITARY The Secretary­General of the United Nations shall be the De­ positary of the Convention and of protocols adopted in accord­ ance with Article 17.
ARTICLE 20 SIGNATURE This Convention shall be open for signature by States Mem­ bers of the United Nations or of any of its specialized agencies or that are Parties to the Statute of the International Court of Justice and by regional economic integration organizations at Rio de Janeiro, during the United Nations Conference on En­ vironment and Development, and thereafter at United Nations Headquarters in New York from 20 June 1992 to 19 June 1993.

ARTICLE 21 INTERIM ARRANGEMENTS 1.


The secretariat functions referred to in Article 8 will be car­ ried out on an interim basis by the secretariat established by the General Assembly of the United Nations in its resolution 45/212 of 21 December 1990, until the completion of the ﬁrst session of the Conference of the Parties.
The head of the interim secretariat referred to in paragraph 1 above will cooperate closely with the Intergovernmental Panel on Climate Change to ensure that the Panel can respond to the need for objective scientiﬁc and technical advice.

Other relevant scientiﬁc bodies could also be consulted.
The Global Environment Facility of the United Nations De­ velopment Programme, the United Nations Environment Pro­ gramme and the International Bank for Reconstruction and Development shall be the international entity entrusted with the operation of the ﬁnancial mechanism referred to in Article 11 on an interim basis.

In this connection, the Global Envir­ onment Facility should be appropriately restructured and its 2.

3.
3.

75 Preamble Climate Change Response Act 2002 Reprinted as at 1 January 2008 membership made universal to enable it to fulﬁl the require­ ments of Article 11.

ARTICLE 22 RATIFICATION, ACCEPTANCE, APPROVAL 1.

2.

3.

OR ACCESSION The Convention shall be subject to ratiﬁcation, acceptance, ap­ proval or accession by States and by regional economic inte­ gration organizations.

It shall be open for accession from the day after the date on which the Convention is closed for sig­ nature.
Instruments of ratiﬁcation, acceptance, approval or ac­ cession shall be deposited with the Depositary.

Any regional economic integration organization which be­ comes a Party to the Convention without any of its member States being a Party shall be bound by all the obligations under the Convention.
In the case of such organizations, one or more of whose member States is a Party to the Convention, the organization and its member States shall decide on their respective responsibilities for the performance of their obli­ gations under the Convention.

In such cases, the organization and the member States shall not be entitled to exercise rights under the Convention concurrently.
In their instruments of ratiﬁcation, acceptance, approval or ac­ cession, regional economic integration organizations shall de­ clare the extent of their competence with respect to the matters governed by the Convention.

These organizations shall also inform the Depositary, who shall in turn inform the Parties, of any substantial modiﬁcation in the extent of their competence.

ARTICLE 23 ENTRY INTO FORCE 1.


The Convention shall enter into force on the ninetieth day af­ ter the date of deposit of the ﬁftieth instrument of ratiﬁcation, acceptance, approval or accession.
For each State or regional economic integration organization that ratiﬁes, accepts or approves the Convention or accedes thereto after the deposit of the ﬁftieth instrument of ratiﬁca­ tion, acceptance, approval or accession, the Convention shall enter into force on the ninetieth day after the date of deposit by such State or regional economic integration organization of its instrument of ratiﬁcation, acceptance, approval or accession.

2.
2.

76 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Schedule I 3.

For the purposes of paragraphs 1 and 2 above, any instru­ ment deposited by a regional economic integration organiza­ tion shall not be counted as additional to those deposited by States members of the organization.

ARTICLE 24 RESERVATIONS No reservations may be made to the Convention.

ARTICLE 25 WITHDRAWAL 1.


At any time after three years from the date on which the Con­ vention has entered into force for a Party, that Party may with­ draw from the Convention by giving written notiﬁcation to the Depositary.

Any such withdrawal shall take effect upon expiry of one year from the date of receipt by the Depositary of the notiﬁcation of withdrawal, or on such later date as may be speciﬁed in the notiﬁcation of withdrawal.
Any Party that withdraws from the Convention shall be con­ sidered as also having withdrawn from any protocol to which it is a Party.

2.

3.

ARTICLE 26 AUTHENTIC TEXTS The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authen­ tic, shall be deposited with the Secretary­General of the United Nations.

IN WITNESS WHEREOF the undersigned, being duly authorized to that effect, have signed this Convention.
DONE at New York this ninth day of May one thousand nine hundred and ninety­two.

Annex I • • • Australia Austria Belarus3 3 Countries that are undergoing the process of transition to a market economy.
77 Schedule I Climate Change Response Act 2002 Reprinted as at 1 January 2008 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Belgium Bulgaria3 Canada Croatia34 Czech Republic34 Denmark European Economic Community Estonia3 Finland France Germany Greece Hungary3 Iceland Ireland Italy Japan Latvia3 Liechenstein4 Lithuania3 Luxembourg Monaco4 Netherlands New Zealand Norway Poland3 Portugal Romania3 Russian Federation3 Slovakia34 Slovenia34 Spain 4 Countries added to Annex I by an amendment that entered into force on 13 August 1998 pursuant to decision 4/CP.3 adopted at COP 3.
78 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Schedule II • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Sweden Switzerland Turkey Ukraine3 United Kingdom of Great Britain and Northern Ireland United States of America Annex II Australia Austria Belgium Canada Denmark European Economic Community Finland France Germany Greece Iceland Ireland Italy Japan Luxembourg Netherlands New Zealand Norway Portugal Spain Sweden Switzerland Turkey United Kingdom of Great Britain and Northern Ireland 79 Schedule 2 Climate Change Response Act 2002 Reprinted as at 1 January 2008 • United States of America Schedule 2 Kyoto Protocol to the United Nations Framework Convention on Climate Change s 4 Preamble The Parties to this Protocol, Being Parties to the United Nations Framework Convention on Climate Change, hereinafter referred to as the Convention, In pursuit of the ultimate objective of the Convention as stated in its Article 2, Recalling the provisions of the Convention, Being guided by Article 3 of the Convention, Pursuant to the Berlin Mandate adopted by decision 1/CP.1 of the Conference of the Parties to the Convention at its ﬁrst session, Have agreed as follows: 1.
2.

Article 1 For the purposes of this Protocol, the deﬁnitions contained in Article 1 of the Convention shall apply.

In addition: Conference of the Parties means the Conference of the Par­ ties to the Convention.

Convention means the United Nations Framework Conven­ tion on Climate Change, adopted in New York on 9 May 1992.
Intergovernmental Panel on Climate Change means the Intergovernmental Panel on Climate Change established in 1988 jointly by the World Meteorological Organization and the United Nations Environment Programme.

3.

4.

Montreal Protocol means the Montreal Protocol on Sub­ stances that Deplete the Ozone Layer, adopted in Montreal on 16 September 1987 and as subsequently adjusted and amended.

Parties present and voting means Parties present and casting an afﬁrmative or negative vote.

5.
5.

80 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Preamble 6.

7.

Party means, unless the context otherwise indicates, a Party to this Protocol.

Party included in Annex I means a Party included in Annex I to the Convention, as may be amended, or a Party which has made a notiﬁcation under Article 4, paragraph 2(g), of the Convention.

Article 2 1.
Each Party included in Annex I, in achieving its quantiﬁed emission limitation and reduction commitments under Article 3, in order to promote sustainable development, shall: (a) Implement and/or further elaborate policies and meas­ ures in accordance with its national circumstances, such as: (i) (ii) Enhancement of energy efﬁciency in relevant sectors of the national economy; Protection and enhancement of sinks and reser­ voirs of greenhouse gases not controlled by the Montreal Protocol, taking into account its com­ mitments under relevant international environ­ mental agreements; promotion of sustainable for­ est management practices, afforestation and re­ forestation; (iii) Promotion of sustainable forms of agriculture in light of climate change considerations; (v) (iv) Research on, and promotion, development and increased use of, new and renewable forms of en­ ergy, of carbon dioxide sequestration technolo­ gies and of advanced and innovative environ­ mentally sound technologies; Progressive reduction or phasing out of market imperfections, ﬁscal incentives, tax and duty exemptions and subsidies in all greenhouse gas emitting sectors that run counter to the objective of the Convention and application of market instruments; (vi) Encouragement of appropriate reforms in rele­ vant sectors aimed at promoting policies and measures which limit or reduce emissions of 81 Preamble Climate Change Response Act 2002 Reprinted as at 1 January 2008 (b) greenhouse gases not controlled by the Montreal Protocol; (vii) Measures to limit and/or reduce emissions of greenhouse gases not controlled by the Montreal Protocol in the transport sector; (viii) Limitation and/or reduction of methane emis­ sions through recovery and use in waste man­ agement, as well as in the production, transport and distribution of energy; Cooperate with other such Parties to enhance the in­ dividual and combined effectiveness of their policies and measures adopted under this Article, pursuant to Article 4, paragraph 2(e)(i), of the Convention.
To this end, these Parties shall take steps to share their experience and exchange information on such policies and measures, including developing ways of improv­ ing their comparability, transparency and effectiveness.

The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, at its ﬁrst session or as soon as practicable thereafter, consider ways to facili­ tate such cooperation, taking into account all relevant information.
The Parties included in Annex I shall pursue limitation or re­ duction of emissions of greenhouse gases not controlled by the Montreal Protocol from aviation and marine bunker fuels, working through the International Civil Aviation Organization and the International Maritime Organization, respectively.
The Parties included in Annex I shall strive to implement poli­ cies and measures under this Article in such a way as to min­ imize adverse effects, including the adverse effects of climate change, effects on international trade, and social, environmen­ tal and economic impacts on other Parties, especially develop­ ing country Parties and in particular those identiﬁed in Article 4, paragraphs 8 and 9, of the Convention, taking into account Article 3 of the Convention.
The Conference of the Parties serving as the meeting of the Parties to this Protocol may take further action, as appropriate, to promote the implementation of the provisions of this paragraph.

2.

3.

82 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Preamble 4.
The Conference of the Parties serving as the meeting of the Parties to this Protocol, if it decides that it would be beneﬁcial to coordinate any of the policies and measures in paragraph 1(a) above, taking into account different national circum­ stances and potential effects, shall consider ways and means to elaborate the coordination of such policies and measures.

Article 3 1.

2.

3.

4.
The Parties included in Annex I shall, individually or jointly, ensure that their aggregate anthropogenic carbon dioxide equivalent emissions of the greenhouse gases listed in Annex A do not exceed their assigned amounts, calculated pursuant to their quantiﬁed emission limitation and reduction com­ mitments inscribed in Annex B and in accordance with the provisions of this Article, with a view to reducing their overall emissions of such gases by at least 5 per cent below 1990 levels in the commitment period 2008 to 2012.
Each Party included in Annex I shall, by 2005, have made demonstrable progress in achieving its commitments under this Protocol.
The net changes in greenhouse gas emissions by sources and removals by sinks resulting from direct human­induced land­ use change and forestry activities, limited to afforestation, re­ forestation and deforestation since 1990, measured as veri­ ﬁable changes in carbon stocks in each commitment period, shall be used to meet the commitments under this Article of each Party included in Annex I.
The greenhouse gas emissions by sources and removals by sinks associated with those activ­ ities shall be reported in a transparent and veriﬁable manner and reviewed in accordance with Articles 7 and 8.
Prior to the ﬁrst session of the Conference of the Parties serv­ ing as the meeting of the Parties to this Protocol, each Party in­ cluded in Annex I shall provide, for consideration by the Sub­ sidiary Body for Scientiﬁc and Technological Advice, data to establish its level of carbon stocks in 1990 and to enable an estimate to be made of its changes in carbon stocks in sub­ sequent years.
The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, at its ﬁrst ses­ sion or as soon as practicable thereafter, decide upon modal­ ities, rules and guidelines as to how, and which, additional 83 Preamble Climate Change Response Act 2002 Reprinted as at 1 January 2008 human­induced activities related to changes in greenhouse gas emissions by sources and removals by sinks in the agricultural soils and the land­use change and forestry categories shall be added to, or subtracted from, the assigned amounts for Parties included in Annex I, taking into account uncertainties, trans­ parency in reporting, veriﬁability, the methodological work of the Intergovernmental Panel on Climate Change, the advice provided by the Subsidiary Body for Scientiﬁc and Techno­ logical Advice in accordance with Article 5 and the decisions of the Conference of the Parties.
Such a decision shall apply in the second and subsequent commitment periods.

A Party may choose to apply such a decision on these additional human­in­ duced activities for its ﬁrst commitment period, provided that these activities have taken place since 1990.
The Parties included in Annex I undergoing the process of transition to a market economy whose base year or period was established pursuant to decision 9/CP.2 of the Conference of the Parties at its second session shall use that base year or period for the implementation of their commitments under this Article.
Any other Party included in Annex I undergoing the process of transition to a market economy which has not yet submitted its ﬁrst national communication under Article 12 of the Convention may also notify the Conference of the Parties serving as the meeting of the Parties to this Protocol that it intends to use an historical base year or period other than 1990 for the implementation of its commitments under this Article.
The Conference of the Parties serving as the meeting of the Parties to this Protocol shall decide on the acceptance of such notiﬁcation.
Taking into account Article 4, paragraph 6, of the Conven­ tion, in the implementation of their commitments under this Protocol other than those under this Article, a certain degree of ﬂexibility shall be allowed by the Conference of the Parties serving as the meeting of the Parties to this Protocol to the Par­ ties included in Annex I undergoing the process of transition to a market economy.
In the ﬁrst quantiﬁed emission limitation and reduction com­ mitment period, from 2008 to 2012, the assigned amount for each Party included in Annex I shall be equal to the percent­ 5.

6.

7.
6.

7.

84 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Preamble age inscribed for it in Annex B of its aggregate anthropogenic carbon dioxide equivalent emissions of the greenhouse gases listed in Annex A in 1990, or the base year or period deter­ mined in accordance with paragraph 5 above, multiplied by ﬁve.
Those Parties included in Annex I for whom land­use change and forestry constituted a net source of greenhouse gas emissions in 1990 shall include in their 1990 emissions base year or period the aggregate anthropogenic carbon diox­ ide equivalent emissions by sources minus removals by sinks in 1990 from land­use change for the purposes of calculating their assigned amount.
Any Party included in Annex I may use 1995 as its base year for hydroﬂuorocarbons, perﬂuorocarbons and sulphur hexaﬂu­ oride, for the purposes of the calculation referred to in para­ graph 7 above.

Commitments for subsequent periods for Parties included in Annex I shall be established in amendments to Annex B to this Protocol, which shall be adopted in accordance with the provisions of Article 21, paragraph 7.
The Conference of the Parties serving as the meeting of the Parties to this Protocol shall initiate the consideration of such commitments at least seven years before the end of the ﬁrst commitment period re­ ferred to in paragraph 1 above.

8.

9.

10.

Any emission reduction units, or any part of an assigned amount, which a Party acquires from another Party in accord­ ance with the provisions of Article 6 or of Article 17 shall be added to the assigned amount for the acquiring Party.

11.
11.

Any emission reduction units, or any part of an assigned amount, which a Party transfers to another Party in accord­ ance with the provisions of Article 6 or of Article 17 shall be subtracted from the assigned amount for the transferring Party.

12.

Any certiﬁed emission reductions which a Party acquires from another Party in accordance with the provisions of Article 12 shall be added to the assigned amount for the acquiring Party.
If the emissions of a Party included in Annex I in a commit­ ment period are less than its assigned amount under this Art­ 13.

85 Preamble Climate Change Response Act 2002 Reprinted as at 1 January 2008 icle, this difference shall, on request of that Party, be added to the assigned amount for that Party for subsequent commitment periods.
Each Party included in Annex I shall strive to implement the commitments mentioned in paragraph 1 above in such a way as to minimize adverse social, environmental and economic impacts on developing country Parties, particularly those iden­ tiﬁed in Article 4, paragraphs 8 and 9, of the Convention.
In line with relevant decisions of the Conference of the Parties on the implementation of those paragraphs, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall, at its ﬁrst session, consider what actions are necessary to minimize the adverse effects of climate change and/or the impacts of response measures on Parties referred to in those paragraphs.

Among the issues to be considered shall be the establishment of funding, insurance and transfer of technol­ ogy.
Any Parties included in Annex I that have reached an agree­ ment to fulﬁl their commitments under Article 3 jointly, shall be deemed to have met those commitments provided that their total combined aggregate anthropogenic carbon dioxide equivalent emissions of the greenhouse gases listed in Annex A do not exceed their assigned amounts calculated pursuant to their quantiﬁed emission limitation and reduction commitments inscribed in Annex B and in accordance with the provisions of Article 3.
The respective emission level allocated to each of the Parties to the agreement shall be set out in that agreement.

The Parties to any such agreement shall notify the secretariat of the terms of the agreement on the date of deposit of their in­ struments of ratiﬁcation, acceptance or approval of this Proto­ col, or accession thereto.

The secretariat shall in turn inform the Parties and signatories to the Convention of the terms of the agreement.
Any such agreement shall remain in operation for the duration of the commitment period speciﬁed in Article 3, paragraph 7.

14.

Article 4 1.

2.

3.

86 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Preamble 4.

5.

6.

Article 5 1.

2.


If Parties acting jointly do so in the framework of, and together with, a regional economic integration organization, any alter­ ation in the composition of the organization after adoption of this Protocol shall not affect existing commitments under this Protocol.

Any alteration in the composition of the organiza­ tion shall only apply for the purposes of those commitments under Article 3 that are adopted subsequent to that alteration.
In the event of failure by the Parties to such an agreement to achieve their total combined level of emission reductions, each Party to that agreement shall be responsible for its own level of emissions set out in the agreement.
If Parties acting jointly do so in the framework of, and together with, a regional economic integration organization which is it­ self a Party to this Protocol, each member State of that regional economic integration organization individually, and together with the regional economic integration organization acting in accordance with Article 24, shall, in the event of failure to achieve the total combined level of emission reductions, be responsible for its level of emissions as notiﬁed in accordance with this Article.
Each Party included in Annex I shall have in place, no later than one year prior to the start of the ﬁrst commitment period, a national system for the estimation of anthropogenic emis­ sions by sources and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol.
Guidelines for such national systems, which shall incorporate the methodologies speciﬁed in paragraph 2 below, shall be decided upon by the Conference of the Parties serving as the meeting of the Parties to this Protocol at its ﬁrst session.
Methodologies for estimating anthropogenic emissions by sources and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol shall be those accepted by the Intergovernmental Panel on Climate Change and agreed upon by the Conference of the Parties at its third session.
Where such methodologies are not used, appropriate adjust­ ments shall be applied according to methodologies agreed upon by the Conference of the Parties serving as the meeting of the Parties to this Protocol at its ﬁrst session.
Based on the 87 Preamble Climate Change Response Act 2002 Reprinted as at 1 January 2008 work of, inter alia, the Intergovernmental Panel on Climate Change and advice provided by the Subsidiary Body for Scientiﬁc and Technological Advice, the Conference of the Parties serving as the meeting of the Parties to this Proto­ col shall regularly review and, as appropriate, revise such methodologies and adjustments, taking fully into account any relevant decisions by the Conference of the Parties.
Any re­ vision to methodologies or adjustments shall be used only for the purposes of ascertaining compliance with commitments under Article 3 in respect of any commitment period adopted subsequent to that revision.
The global warming potentials used to calculate the carbon dioxide equivalence of anthropogenic emissions by sources and removals by sinks of greenhouse gases listed in Annex A shall be those accepted by the Intergovernmental Panel on Cli­ mate Change and agreed upon by the Conference of the Parties at its third session.
Based on the work of, inter alia, the Inter­ governmental Panel on Climate Change and advice provided by the Subsidiary Body for Scientiﬁc and Technological Ad­ vice, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall regularly review and, as appro­ priate, revise the global warming potential of each such green­ house gas, taking fully into account any relevant decisions by the Conference of the Parties.
Any revision to a global warm­ ing potential shall apply only to commitments under Article 3 in respect of any commitment period adopted subsequent to that revision.
For the purpose of meeting its commitments under Article 3, any Party included in Annex I may transfer to, or acquire from, any other such Party emission reduction units result­ ing from projects aimed at reducing anthropogenic emissions by sources or enhancing anthropogenic removals by sinks of greenhouse gases in any sector of the economy, provided that: Any such project has the approval of the Parties in­ (a) volved; (b) Any such project provides a reduction in emissions by sources, or an enhancement of removals by sinks, that is additional to any that would otherwise occur; 3.
Article 6 1.

88 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Preamble 2.

3.

4.

Article 7 1.

2.

(c) (d) It does not acquire any emission reduction units if it is not in compliance with its obligations under Articles 5 and 7; and The acquisition of emission reduction units shall be sup­ plemental to domestic actions for the purposes of meet­ ing commitments under Article 3.
The Conference of the Parties serving as the meeting of the Parties to this Protocol may, at its ﬁrst session or as soon as practicable thereafter, further elaborate guidelines for the im­ plementation of this Article, including for veriﬁcation and re­ porting.

A Party included in Annex I may authorize legal entities to participate, under its responsibility, in actions leading to the generation, transfer or acquisition under this Article of emis­ sion reduction units.
If a question of implementation by a Party included in Annex I of the requirements referred to in this Article is identiﬁed in accordance with the relevant provisions of Article 8, transfers and acquisitions of emission reduction units may continue to be made after the question has been identiﬁed, provided that any such units may not be used by a Party to meet its com­ mitments under Article 3 until any issue of compliance is re­ solved.
Each Party included in Annex I shall incorporate in its an­ nual inventory of anthropogenic emissions by sources and re­ movals by sinks of greenhouse gases not controlled by the Montreal Protocol, submitted in accordance with the relevant decisions of the Conference of the Parties, the necessary sup­ plementary information for the purposes of ensuring compli­ ance with Article 3, to be determined in accordance with para­ graph 4 below.
Each Party included in Annex I shall incorporate in its national communication, submitted under Article 12 of the Conven­ tion, the supplementary information necessary to demonstrate compliance with its commitments under this Protocol, to be determined in accordance with paragraph 4 below.
89 Preamble Climate Change Response Act 2002 Reprinted as at 1 January 2008 Each Party included in Annex I shall submit the information required under paragraph 1 above annually, beginning with the ﬁrst inventory due under the Convention for the ﬁrst year of the commitment period after this Protocol has entered into force for that Party.
Each such Party shall submit the information required under paragraph 2 above as part of the ﬁrst national communication due under the Convention after this Protocol has entered into force for it and after the adoption of guidelines as provided for in paragraph 4 below.
The frequency of sub­ sequent submission of information required under this Article shall be determined by the Conference of the Parties serving as the meeting of the Parties to this Protocol, taking into account any timetable for the submission of national communications decided upon by the Conference of the Parties.
The Conference of the Parties serving as the meeting of the Parties to this Protocol shall adopt at its ﬁrst session, and re­ view periodically thereafter, guidelines for the preparation of the information required under this Article, taking into account guidelines for the preparation of national communications by Parties included in Annex I adopted by the Conference of the Parties.
The Conference of the Parties serving as the meeting of the Parties to this Protocol shall also, prior to the ﬁrst com­ mitment period, decide upon modalities for the accounting of assigned amounts.
The information submitted under Article 7 by each Party in­ cluded in Annex I shall be reviewed by expert review teams pursuant to the relevant decisions of the Conference of the Par­ ties and in accordance with guidelines adopted for this purpose by the Conference of the Parties serving as the meeting of the Parties to this Protocol under paragraph 4 below.
The informa­ tion submitted under Article 7, paragraph 1, by each Party in­ cluded in Annex I shall be reviewed as part of the annual com­ pilation and accounting of emissions inventories and assigned amounts.

Additionally, the information submitted under Art­ icle 7, paragraph 2, by each Party included in Annex I shall be reviewed as part of the review of communications.

Expert review teams shall be coordinated by the secretariat and shall be composed of experts selected from those nomin­ 3.

4.
4.

Article 8 1.

2.

90 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Preamble 3.

4.

5.

6. ated by Parties to the Convention and, as appropriate, by in­ tergovernmental organizations, in accordance with guidance provided for this purpose by the Conference of the Parties.

The review process shall provide a thorough and comprehen­ sive technical assessment of all aspects of the implementation by a Party of this Protocol.
The expert review teams shall pre­ pare a report to the Conference of the Parties serving as the meeting of the Parties to this Protocol, assessing the imple­ mentation of the commitments of the Party and identifying any potential problems in, and factors inﬂuencing, the fulﬁlment of commitments.

Such reports shall be circulated by the secre­ tariat to all Parties to the Convention.
The secretariat shall list those questions of implementation indicated in such reports for further consideration by the Conference of the Parties serving as the meeting of the Parties to this Protocol.
The Conference of the Parties serving as the meeting of the Parties to this Protocol shall adopt at its ﬁrst session, and re­ view periodically thereafter, guidelines for the review of im­ plementation of this Protocol by expert review teams taking into account the relevant decisions of the Conference of the Parties.
The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, with the assistance of the Sub­ sidiary Body for Implementation and, as appropriate, the Sub­ sidiary Body for Scientiﬁc and Technological Advice, con­ sider: (a) The information submitted by Parties under Article 7 and the reports of the expert reviews thereon con­ ducted under this Article; and Those questions of implementation listed by the secre­ tariat under paragraph 3 above, as well as any questions raised by Parties.
(b) Pursuant to its consideration of the information referred to in paragraph 5 above, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall take decisions on any matter required for the implementation of this Protocol.

91 Preamble Climate Change Response Act 2002 Reprinted as at 1 January 2008 Article 9 1.

2.
2.

Article 10 92 The Conference of the Parties serving as the meeting of the Parties to this Protocol shall periodically review this Protocol in the light of the best available scientiﬁc information and as­ sessments on climate change and its impacts, as well as rele­ vant technical, social and economic information.

Such re­ views shall be coordinated with pertinent reviews under the Convention, in particular those required by Article 4, para­ graph 2(d), and Article 7, paragraph 2(a), of the Convention.
Based on these reviews, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall take appro­ priate action.

The ﬁrst review shall take place at the second session of the Conference of the Parties serving as the meeting of the Parties to this Protocol.

Further reviews shall take place at regular intervals and in a timely manner.
All Parties, taking into account their common but differenti­ ated responsibilities and their speciﬁc national and regional development priorities, objectives and circumstances, without introducing any new commitments for Parties not included in Annex I, but reafﬁrming existing commitments under Article 4, paragraph 1, of the Convention, and continuing to advance the implementation of these commitments in order to achieve sustainable development, taking into account Article 4, para­ graphs 3, 5 and 7, of the Convention, shall: (a) Formulate, where relevant and to the extent possible, cost­effective national and, where appropriate, regional programmes to improve the quality of local emission factors, activity data and/or models which reﬂect the socio­economic conditions of each Party for the prep­ aration and periodic updating of national inventories of anthropogenic emissions by sources and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol, using comparable methodologies to be agreed upon by the Conference of the Parties, and consistent with the guidelines for the preparation of na­ tional communications adopted by the Conference of the Parties; Reprinted as at 1 January 2008 (b) Climate Change Response Act 2002 Preamble (ii) Formulate, implement, publish and regularly update national and, where appropriate, regional programmes containing measures to mitigate climate change and measures to facilitate adequate adaptation to climate change: (i) inter alia, concern Such programmes would, the energy, transport and industry sectors as well as agriculture, forestry and waste manage­ ment.
Furthermore, adaptation technologies and methods for improving spatial planning would improve adaptation to climate change; and Parties included in Annex I shall submit infor­ mation on action under this Protocol, including national programmes, in accordance with Art­ icle 7; and other Parties shall seek to include in their national communications, as appropriate, information on programmes which contain meas­ ures that the Party believes contribute to address­ ing climate change and its adverse impacts, in­ cluding the abatement of increases in greenhouse gas emissions, and enhancement of and removals by sinks, capacity building and adaptation meas­ ures; (c) (d) Cooperate in the promotion of effective modalities for the development, application and diffusion of, and take all practicable steps to promote, facilitate and ﬁnance, as appropriate, the transfer of, or access to, environmen­ tally sound technologies, know­how, practices and pro­ cesses pertinent to climate change, in particular to de­ veloping countries, including the formulation of poli­ cies and programmes for the effective transfer of envi­ ronmentally sound technologies that are publicly owned or in the public domain and the creation of an enabling environment for the private sector, to promote and en­ hance the transfer of, and access to, environmentally sound technologies; Cooperate in scientiﬁc and technical research and promote the maintenance and the development of systematic observation systems and development of 93 Preamble Climate Change
 Response Act 2002 Reprinted as at 1 January 2008 data archives to reduce uncertainties related to the climate system, the adverse impacts of climate change and the economic and social consequences of various response strategies, and promote the development and strengthening of endogenous capacities and capabilities to participate in international and intergovernmental efforts, programmes and networks on research and systematic observation, taking into account Article 5 of the Convention; Cooperate in and promote at the international level, and, where appropriate, using existing bodies, the develop­ ment and implementation of education and training pro­ grammes, including the strengthening of national cap­ acity building, in particular human and institutional cap­ acities and the exchange or secondment of personnel to train experts in this ﬁeld, in particular for develop­ ing countries, and facilitate at the national level public awareness of, and public access to information on, cli­ mate change.
Suitable modalities should be developed to implement these activities through the relevant bod­ ies of the Convention, taking into account Article 6 of the Convention; Include in their national communications information on programmes and activities undertaken pursuant to this Article in accordance with relevant decisions of the Conference of the Parties; and (e) (f) (g) Give full consideration, in implementing the commit­ ments under this Article, to Article 4, paragraph 8, of the Convention.
In the implementation of Article 10, Parties shall take into ac­ count the provisions of Article 4, paragraphs 4, 5, 7, 8 and 9, of the Convention.

In the context of the implementation of Article 4, paragraph 1, of the Convention, in accordance with the provisions of Article 4, paragraph 3, and Article 11 of the Convention, and through the entity or entities entrusted with the operation of the ﬁnan­ cial mechanism of the Convention, the developed country Par­ Article 11 1.

2.
94 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Preamble ties and other developed Parties included in Annex II to the Convention shall: (a) Provide new and additional ﬁnancial resources to meet the agreed full costs incurred by developing country Parties in advancing the implementation of existing commitments under Article 4, paragraph 1(a), of the Convention that are covered in Article 10, subpara­ graph (a); and (b) Also provide such ﬁnancial resources, including for the transfer of technology, needed by the developing coun­ try Parties to meet the agreed full incremental costs of advancing the implementation of existing commitments under Article 4, paragraph 1, of the Convention that are covered by Article 10 and that are agreed between a de­ veloping country Party and the international entity or entities referred to in Article 11 of the Convention, in accordance with that Article.
The implementation of these existing commitments shall take into account the need for adequacy and predictability in the ﬂow of funds and the importance of appropriate burden shar­ ing among developed country Parties.
The guidance to the entity or entities entrusted with the operation of the ﬁnancial mechanism of the Convention in relevant decisions of the Con­ ference of the Parties, including those agreed before the adop­ tion of this Protocol, shall apply mutatis mutandis to the pro­ visions of this paragraph.
The developed country Parties and other developed Parties in Annex II to the Convention may also provide, and developing country Parties avail themselves of, ﬁnancial resources for the implementation of Article 10, through bilateral, regional and other multilateral channels.

A clean development mechanism is hereby deﬁned.


The purpose of the clean development mechanism shall be to assist Parties not included in Annex I in achieving sustainable development and in contributing to the ultimate objective of the Convention, and to assist Parties included in Annex I in achieving compliance with their quantiﬁed emission limitation and reduction commitments under Article 3.

95 3.

Article 12 1.

2.
Preamble Climate Change Response Act 2002 Reprinted as at 1 January 2008 (b) Under the clean development mechanism: (a) Parties not included in Annex I will beneﬁt from project activities resulting in certiﬁed emission reductions; and Parties included in Annex I may use the certiﬁed emis­ sion reductions accruing from such project activities to contribute to compliance with part of their quantiﬁed emission limitation and reduction commitments under Article 3, as determined by the Conference of the Par­ ties serving as the meeting of the Parties to this Protocol.
The clean development mechanism shall be subject to the au­ thority and guidance of the Conference of the Parties serving as the meeting of the Parties to this Protocol and be supervised by an executive board of the clean development mechanism.
Emission reductions resulting from each project activity shall be certiﬁed by operational entities to be designated by the Con­ ference of the Parties serving as the meeting of the Parties to this Protocol, on the basis of: (a) Voluntary participation approved by each Party in­ volved; Real, measurable, and long­term beneﬁts related to the mitigation of climate change; and Reductions in emissions that are additional to any that would occur in the absence of the certiﬁed project ac­ tivity.
(b) (c) The clean development mechanism shall assist in arranging funding of certiﬁed project activities as necessary.

The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, at its ﬁrst session, elaborate modalities and procedures with the objective of ensuring transparency, efﬁciency and accountability through independ­ ent auditing and veriﬁcation of project activities.
The Conference of the Parties serving as the meeting of the Parties to this Protocol shall ensure that a share of the proceeds from certiﬁed project activities is used to cover administrative expenses as well as to assist developing country Parties that are particularly vulnerable to the adverse effects of climate change to meet the costs of adaptation.

3.

4.

5.

6.

7.

8.

96 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Preamble 9.

10.
10.

Participation under the clean development mechanism, includ­ ing in activities mentioned in paragraph 3(a) above and in the acquisition of certiﬁed emission reductions, may involve pri­ vate and/or public entities, and is to be subject to whatever guidance may be provided by the executive board of the clean development mechanism.
Certiﬁed emission reductions obtained during the period from the year 2000 up to the beginning of the ﬁrst commitment period can be used to assist in achieving compliance in the ﬁrst commitment period.

Article 13 1.

2.
Article 13 1.

2.

The Conference of the Parties, the supreme body of the Con­ vention, shall serve as the meeting of the Parties to this Proto­ col. Parties to the Convention that are not Parties to this Protocol may participate as observers in the proceedings of any session of the Conference of the Parties serving as the meeting of the Parties to this Protocol.
When the Conference of the Parties serves as the meeting of the Parties to this Protocol, decisions under this Protocol shall be taken only by those that are Parties to this Protocol.

3.
3.

When the Conference of the Parties serves as the meeting of the Parties to this Protocol, any member of the Bureau of the Conference of the Parties representing a Party to the Conven­ tion but, at that time, not a Party to this Protocol, shall be replaced by an additional member to be elected by and from amongst the Parties to this Protocol.
The Conference of the Parties serving as the meeting of the Parties to this Protocol shall keep under regular review the im­ plementation of this Protocol and shall make, within its man­ date, the decisions necessary to promote its effective imple­ mentation.

It shall perform the functions assigned to it by this Protocol and shall: (a) 4.
Assess, on the basis of all information made available to it in accordance with the provisions of this Protocol, the implementation of this Protocol by the Parties, the overall effects of the measures taken pursuant to this Protocol, in particular environmental, economic and so­ 97 Preamble Climate Change Response Act 2002 Reprinted as at 1 January 2008 (b) (c) (d) (e) cial effects as well as their cumulative impacts and the extent to which progress towards the objective of the Convention is being achieved; Periodically examine the obligations of the Parties under this Protocol, giving due consideration to any re­ views required by Article 4, paragraph 2(d), and Article 7, paragraph 2, of the Convention, in the light of the objective of the Convention, the experience gained in its implementation and the evolution of scientiﬁc and technological knowledge, and in this respect consider and adopt regular reports on the implementation of this Protocol; Promote and facilitate the exchange of information on measures adopted by the Parties to address climate change and its effects, taking into account the differing circumstances, responsibilities and capabilities of the Parties and their respective commitments under this Protocol; Facilitate, at the request of two or more Parties, the co­ ordination of measures adopted by them to address cli­ mate change and its effects, taking into account the dif­ fering circumstances, responsibilities and capabilities of the Parties and their respective commitments under this
 Protocol; Promote and guide, in accordance with the objective of the Convention and the provisions of this Protocol, and taking fully into account the relevant decisions by the Conference of the Parties, the development and periodic reﬁnement of comparable methodologies for the effect­ ive implementation of this Protocol, to be agreed on by the Conference of the Parties serving as the meeting of the Parties to this Protocol; (f) Make recommendations on any matters necessary for (g) (h) the implementation of this Protocol; Seek to mobilize additional ﬁnancial resources in ac­ cordance with Article 11, paragraph 2; Establish such subsidiary bodies as are deemed neces­ sary for the implementation of this Protocol; 98 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Preamble 5.
6.

7.

8.

(i) (j) Seek and utilize, where appropriate, the services and cooperation of, and information provided by, competent international organizations and intergovernmental and non­governmental bodies; and Exercise such other functions as may be required for the implementation of this Protocol, and consider any assignment resulting from a decision by the Conference of the Parties.
The rules of procedure of the Conference of the Parties and ﬁ­ nancial procedures applied under the Convention shall be ap­ plied mutatis mutandis under this Protocol, except as may be otherwise decided by consensus by the Conference of the Par­ ties serving as the meeting of the Parties to this Protocol.
The ﬁrst session of the Conference of the Parties serving as the meeting of the Parties to this Protocol shall be convened by the secretariat in conjunction with the ﬁrst session of the Confer­ ence of the Parties that is scheduled after the date of the entry into force of this Protocol.
Subsequent ordinary sessions of the Conference of the Parties serving as the meeting of the Parties to this Protocol shall be held every year and in conjunction with ordinary sessions of the Conference of the Parties, unless otherwise decided by the Conference of the Parties serving as the meeting of the Parties to this Protocol.
Extraordinary sessions of the Conference of the Parties serv­ ing as the meeting of the Parties to this Protocol shall be held at such other times as may be deemed necessary by the Con­ ference of the Parties serving as the meeting of the Parties to this Protocol, or at the written request of any Party, provided that, within six months of the request being communicated to the Parties by the secretariat, it is supported by at least one third of the Parties.
The United Nations, its specialized agencies and the Inter­ national Atomic Energy Agency, as well as any State mem­ ber thereof or observers thereto not party to the Convention, may be represented at sessions of the Conference of the Par­ ties serving as the meeting of the Parties to this Protocol as observers.
Any body or agency, whether national or inter­ national, governmental or non­governmental, which is qual­ iﬁed in matters covered by this Protocol and which has in­ 99 Preamble Climate Change Response Act 2002 Reprinted as at 1 January 2008 Article 14 1.

2.

Article 15 1.
2.

Article 15 1.

2. formed the secretariat of its wish to be represented at a ses­ sion of the Conference of the Parties serving as the meeting of the Parties to this Protocol as an observer, may be so admitted unless at least one third of the Parties present object.

The ad­ mission and participation of observers shall be subject to the rules of procedure, as referred to in paragraph 5 above.

The secretariat established by Article 8 of the Convention shall serve as the secretariat of this Protocol.
Article 8, paragraph 2, of the Convention on the functions of the secretariat, and Article 8, paragraph 3, of the Convention on arrangements made for the functioning of the secretariat, shall apply mutatis mutandis to this Protocol.

The secretariat shall, in addition, exercise the functions assigned to it under this Protocol.
The Subsidiary Body for Scientiﬁc and Technological Advice and the Subsidiary Body for Implementation established by Articles 9 and 10 of the Convention shall serve as, respect­ ively, the Subsidiary Body for Scientiﬁc and Technological Advice and the Subsidiary Body for Implementation of this Protocol.

The provisions relating to the functioning of these two bodies under the Convention shall apply mutatis mutandis to this Protocol.
Sessions of the meetings of the Subsidiary Body for Scientiﬁc and Technological Advice and the Sub­ sidiary Body for Implementation of this Protocol shall be held in conjunction with the meetings of, respectively, the Sub­ sidiary Body for Scientiﬁc and Technological Advice and the Subsidiary Body for Implementation of the Convention.

Parties to the Convention that are not Parties to this Protocol may participate as observers in the proceedings of any session of the subsidiary bodies.
When the subsidiary bodies serve as the subsidiary bodies of this Protocol, decisions under this Protocol shall be taken only by those that are Parties to this Protocol.

3.
3.

When the subsidiary bodies established by Articles 9 and 10 of the Convention exercise their functions with regard to matters concerning this Protocol, any member of the Bureaux of those 100 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Preamble subsidiary bodies representing a Party to the Convention but, at that time, not a party to this Protocol, shall be replaced by an additional member to be elected by and from amongst the Parties to this Protocol.
The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, as soon as practicable, consider the application to this Protocol of, and modify as appropriate, the multilateral consultative process referred to in Article 13 of the Convention, in the light of any relevant decisions that may be taken by the Conference of the Parties.
Any multilateral consultative process that may be applied to this Protocol shall operate without prejudice to the procedures and mechanisms established in accordance with Article 18.

The Conference of the Parties shall deﬁne the relevant princi­ ples, modalities, rules and guidelines, in particular for veriﬁca­ tion, reporting and accountability for emissions trading.

The Parties included in Annex B may participate in emissions trad­ ing for the purposes of fulﬁlling their commitments under Art­ icle 3.
Any such trading shall be supplemental to domestic ac­ tions for the purpose of meeting quantiﬁed emission limitation and reduction commitments under that Article.
The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, at its ﬁrst session, approve appro­ priate and effective procedures and mechanisms to determine and to address cases of non­compliance with the provisions of this Protocol, including through the development of an indica­ tive list of consequences, taking into account the cause, type, degree and frequency of non­compliance.
Any procedures and mechanisms under this Article entailing binding consequences shall be adopted by means of an amendment to this Protocol.

The provisions of Article 14 of the Convention on settlement of disputes shall apply mutatis mutandis to this Protocol.

Article 16 Article 17 Article 18 Article 19 Article 20 1.

Any Party may propose amendments to this Protocol.


101 Preamble Climate Change Response Act 2002 Reprinted as at 1 January 2008 Amendments to this Protocol shall be adopted at an ordinary session of the Conference of the Parties serving as the meet­ ing of the Parties to this Protocol.

The text of any proposed amendment to this Protocol shall be communicated to the Par­ ties by the secretariat at least six months before the meeting at which it is proposed for adoption.
The secretariat shall also communicate the text of any proposed amendments to the Par­ ties and signatories to the Convention and, for information, to the Depositary.

The Parties shall make every effort to reach agreement on any proposed amendment to this Protocol by consensus.

If all efforts at consensus have been exhausted, and no agreement reached, the amendment shall as a last resort be adopted by a three­fourths majority vote of the Parties present and voting at the meeting.
The adopted amendment shall be communicated by the secretariat to the Depositary, who shall circulate it to all Parties for their acceptance.

Instruments of acceptance in respect of an amendment shall be deposited with the Depositary.

An amendment adopted in accordance with paragraph 3 above shall enter into force for those Parties having accepted it on the ninetieth day after the date of receipt by the Depositary of an instrument of accept­ ance by at least three fourths of the Parties to this Protocol.
The amendment shall enter into force for any other Party on the ninetieth day after the date on which that Party deposits with the Depositary its instrument of acceptance of the said amendment.

Annexes to this Protocol shall form an integral part thereof and, unless otherwise expressly provided, a reference to this Protocol constitutes at the same time a reference to any an­ nexes thereto.
Any annexes adopted after the entry into force of this Protocol shall be restricted to lists, forms and any other material of a descriptive nature that is of a scientiﬁc, technical, procedural or administrative character.

Any Party may make proposals for an annex to this Protocol and may propose amendments to annexes to this Protocol.

2.

3.

4.

5.

Article 21 1.

2.

102 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Preamble 3.

4.

5.

6.

7.
4.

5.

6.

7.

Annexes to this Protocol and amendments to annexes to this Protocol shall be adopted at an ordinary session of the Confer­ ence of the Parties serving as the meeting of the Parties to this Protocol.

The text of any proposed annex or amendment to an annex shall be communicated to the Parties by the secretariat at least six months before the meeting at which it is proposed for adoption.
The secretariat shall also communicate the text of any proposed annex or amendment to an annex to the Par­ ties and signatories to the Convention and, for information, to the Depositary.

The Parties shall make every effort to reach agreement on any proposed annex or amendment to an annex by consensus.
If all efforts at consensus have been exhausted, and no agree­ ment reached, the annex or amendment to an annex shall as a last resort be adopted by a three­fourths majority vote of the Parties present and voting at the meeting.

The adopted annex or amendment to an annex shall be communicated by the sec­ retariat to the Depositary, who shall circulate it to all Parties for their acceptance.
An annex, or amendment to an annex other than Annex A or B, that has been adopted in accordance with paragraphs 3 and 4 above shall enter into force for all Parties to this Protocol six months after the date of the communication by the Depos­ itary to such Parties of the adoption of the annex or adoption of the amendment to the annex, except for those Parties that have notiﬁed the Depositary, in writing, within that period of their non­acceptance of the annex or amendment to the annex.
The annex or amendment to an annex shall enter into force for Parties which withdraw their notiﬁcation of non­acceptance on the ninetieth day after the date on which withdrawal of such notiﬁcation has been received by the Depositary.

If the adoption of an annex or an amendment to an annex in­ volves an amendment to this Protocol, that annex or amend­ ment to an annex shall not enter into force until such time as the amendment to this Protocol enters into force.
Amendments to Annexes A and B to this Protocol shall be adopted and enter into force in accordance with the procedure set out in Article 20, provided that any amendment to Annex 103 Preamble Climate Change Response Act 2002 Reprinted as at 1 January 2008 B shall be adopted only with the written consent of the Party concerned.

Each Party shall have one vote, except as provided for in para­ graph 2 below.
Regional economic integration organizations, in matters within their competence, shall exercise their right to vote with a number of votes equal to the number of their member States that are Parties to this Protocol.

Such an organization shall not exercise its right to vote if any of its member States exercises its right, and vice versa.

The Secretary­General of the United Nations shall be the De­ positary of this Protocol.
This Protocol shall be open for signature and subject to rati­ ﬁcation, acceptance or approval by States and regional eco­ nomic integration organizations which are Parties to the Con­ vention.

It shall be open for signature at United Nations Head­ quarters in New York from 16 March 1998 to 15 March 1999.

This Protocol shall be open for accession from the day after the date on which it is closed for signature.
Instruments of ratiﬁ­ cation, acceptance, approval or accession shall be deposited with the Depositary.

Any regional economic integration organization which be­ comes a Party to this Protocol without any of its member States being a Party shall be bound by all the obligations under this Protocol.
In the case of such organizations, one or more of whose member States is a Party to this Protocol, the organization and its member States shall decide on their respective responsibilities for the performance of their obli­ gations under this Protocol.

In such cases, the organization and the member States shall not be entitled to exercise rights under this Protocol concurrently.
In their instruments of ratiﬁcation, acceptance, approval or ac­ cession, regional economic integration organizations shall de­ clare the extent of their competence with respect to the matters governed by this Protocol.

These organizations shall also in­ Article 22 1.

2.

Article 23 Article 24 1.

2.

3.

104 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Preamble form the Depositary, who shall in turn inform the Parties, of any substantial modiﬁcation in the extent of their competence.
This Protocol shall enter into force on the ninetieth day after the date on which not less than 55 Parties to the Convention, incorporating Parties included in Annex I which accounted in total for at least 55 per cent of the total carbon dioxide emis­ sions for 1990 of the Parties included in Annex I, have de­ posited their instruments of ratiﬁcation, acceptance, approval or accession.
For the purposes of this Article, the total carbon dioxide emissions for 1990 of the Parties included in Annex I means the amount communicated on or before the date of adoption of this Protocol by the Parties included in Annex I in their ﬁrst national communications submitted in accordance with Art­ icle 12 of the Convention.
For each State or regional economic integration organization that ratiﬁes, accepts or approves this Protocol or accedes thereto after the conditions set out in paragraph 1 above for entry into force have been fulﬁlled, this Protocol shall enter into force on the ninetieth day following the date of deposit of its instrument of ratiﬁcation, acceptance, approval or accession.
For the purposes of this Article, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by States members of the organization.

No reservations may be made to this Protocol.

Article 25 1.

2.

3.

4.

Article 26 Article 27 1.

2.

At any time after three years from the date on which this Proto­ col has entered into force for a Party, that Party may withdraw from this Protocol by giving written notiﬁcation to the Depos­ itary.
Any such withdrawal shall take effect upon expiry of one year from the date of receipt by the Depositary of the notiﬁcation of withdrawal, or on such later date as may be speciﬁed in the notiﬁcation of withdrawal.

105 Schedule A Climate Change Response Act 2002 Reprinted as at 1 January 2008 3.

Any Party that withdraws from the Convention shall be con­ sidered as also having withdrawn from this Protocol.
Article 28 The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authen­ tic, shall be deposited with the Secretary­General of the United Nations.

DONE at Kyoto this eleventh day of December one thousand nine hundred and ninety­seven.

IN WITNESS WHEREOF the undersigned, being duly authorized to that effect, have afﬁxed their signatures to this Protocol on the dates indicated.
Annex A Greenhouse gases Carbon dioxide (CO2) Methane (CH4) Nitrous oxide (N2O) Hydroﬂuorocarbons (HFCs) Perﬂuorocarbons (PFCs) Sulphur hexaﬂuoride (SF6) Sectors/source categories Energy • Energy industries Manufacturing industries and construction Transport Other sectors Other Fuel combustion • • • • • Fugitive emissions from fuels • • • Solid fuels Oil and natural gas Other • 106 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Schedule B Mineral products Chemical industry Metal production Other production Production of halocarbons and sulphur hexaﬂuoride Consumption of halocarbons and sulphur hexaﬂuoride Other Industrial processes • • • • • • • Solvent and other product use Agriculture • • • • • • • Waste • • • • Solid waste disposal on land Wastewater handling Waste incineration Other Enteric fermentation Manure management Rice cultivation Agricultural soils Prescribed burning of savannas Field burning of agricultural residues Other Party Australia Austria Belgium Bulgaria* Annex B Quantiﬁed emission limitation or reduction commitment (percentage of base year or period) 108 92 92 92 107 Schedule B Climate Change Response Act 2002 Reprinted as at 1 January 2008 Quantiﬁed emission limitation or reduction commitment (percentage of base year or period) 94 95 92 92 92 92 92 92 92 92 94 110 92 92 94 92 92 92 92 92 92 Party Canada Croatia* Czech Republic* Denmark Estonia* European Community Finland France Germany Greece Hungary* Iceland Ireland Italy Japan Latvia* Liechtenstein Lithuania* Luxembourg
 Monaco Netherlands 108 Reprinted as at 1 January 2008 Climate Change Response Act 2002 Schedule B Party New Zealand Norway Poland* Portugal Romania* Russian Federation* Slovakia* Slovenia* Spain Sweden Switzerland Ukraine* United Kingdom of Great Britain Northern Ireland United States of America Quantiﬁed emission limitation or reduction commitment (percentage of base year or period) 100 101 94 92 92 100 92 92 92 92 92 100 92 93 * Countries that are undergoing the process of transition to a market economy.
109 Notes Climate Change Response Act 2002 Reprinted as at 1 January 2008 Contents 1 2 3 General About this eprint List of amendments incorporated in this eprint (most recent ﬁrst) General This is an eprint of the Climate Change Response Act It incorporates all the amendments to the Climate 2002.

Change Response Act 2002 as at 1 January 2008.

The list of amendments at the end of these notes speciﬁes all the amendments incorporated into this eprint since 3 September 2007.
Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

About this eprint This eprint has not been ofﬁcialised.

For more information about ofﬁcialisation, please see “Making online legislation ofﬁcial” under “Status of legislation on this site” in the About section of this website.
List of amendments incorporated in this eprint (most recent ﬁrst) Climate Change Response Act Commencement Order 2007 (SR 2007/336) Property Law Act 2007 (2007 No 91): section 364(1) Climate Change Response Amendment Act 2006 (2006 No 59) Notes 1 2 3 110