Carbon Credits (Carbon Farming Initiative) Amendment Regulation 2014 (No. 1)

Select Legislative Instrument No. 72, 2014

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation.

Dated 12 June 2014

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Greg Hunt

Minister for the Environment

1 Name of regulation

This regulation is the Carbon Credits (Carbon Farming Initiative) Amendment Regulation 2014 (No. 1).

2 Commencement

This regulation commences on the day after it is registered.

3 Authority

This regulation is made under the Carbon Credits (Carbon Farming Initiative) Act 2011.

4 Schedule(s)

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Carbon Credits (Carbon Farming Initiative) Regulations 2011

1 Subregulation 1.3(1)

Insert:

Bureau of Meteorology means the Commonwealth Bureau of Meteorology.

2 Regulation 1.4 (cell at table item 1, column headed “Crown lands Minister”)

Repeal the cell, substitute:

Whichever of the following applies:

(a) for an area to which the Crown Lands Act 1989 (NSW) applies—the Minister who administers that Act;

(b) for an area to which the Western Lands Act 1901 (NSW) applies—the Minister who administers that Act

3 Subregulation 3.27(1)

Omit “(1)”.

4 Subregulation 3.27(1)

Insert:

Australian rangelands means the area of Australia that is described as rangelands on the map, as in force from time to time, that:

(a) is based on data collected by the Australian Collaborative Rangelands Information System; and

(b) is published on the Department’s website.

phytocap means a soil cap that:

(a) is planted with vegetation; and

(b) does not contain a compact clay, geosynthetic clay or geomembrane layer; and

(c) promotes the activity of methanotrophic bacteria by controlling the percolation of water to optimise soil moisture storage and evapotranspiration for a particular climate.

tropical or equatorial area of Australia means an area of Australia that is described as either tropical or equatorial on the map, as in force from time to time, that:

(a) is based on data collected by the Bureau of Meteorology; and

(b) is published on the Department’s website.

5 Subparagraph 3.28(1)(c)(v)

Omit “;; or”, substitute “; or”.

6 Paragraph 3.28(1)(m)

Omit “using biofilters or biocovers on landfills”, substitute “using a biofilter, biocover or phytocap on the landfill”.

7 At the end of subregulation 3.28(1)

Add:

; (t) a project to remove carbon dioxide from the atmosphere by sequestering carbon in soil in a grazing system;

(u) reducing the time taken for beef cattle, that have been grazed on pasture in the Australian rangelands or a tropical or equatorial area of Australia, to reach market weight by feeding them rations or supplements that have a higher energy and protein content than such pasture.

8 At the end of subregulation 5.1(2)

Add:

; (c) a project to remove carbon dioxide from the atmosphere by sequestering carbon in soil.

9 At the end of subregulation 5.2(2)

Add:

; (c) a project to remove carbon dioxide from the atmosphere by sequestering carbon in soil.