Carbon Credits (Carbon Farming Initiative) Amendment (Plantation Forestry) Rule 2022

I, Angus Taylor, Minister for Industry, Energy and Emissions Reduction, make the following rule.

Dated   2 January 2022 

Angus Taylor

Minister for Industry, Energy and Emissions Reduction

Contents

1  Name

2  Commencement

3  Authority

4  Schedules

Schedule 1—Amendments

Carbon Credits (Carbon Farming Initiative) Rule 2015

1  Name

  This instrument is the Carbon Credits (Carbon Farming Initiative) Amendment (Plantation Forestry) Rule 2022.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under section 308 of the Carbon Credits (Carbon Farming Initiative) Act 2011.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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) Rule 2015

1  Section 9A (heading)

Omit “short rotation”, substitute “certain”.

2  Before subsection 9A(1)

Insert:

Short rotation plantation forestry projects

3  After subsection 9A(1)

Insert:

Continuing plantation forestry projects

 (1A) This section also applies in relation to a project:

 (a) that includes the establishment or continuation of a plantation for the harvest of forest products that is established or continued by planting, seeding or coppicing; and

 (b) whose project area includes land that, in the 7 years before the project proponent applied for the area of land to be part of the project area for the project, was managed as a plantation for the harvest of forest products; and

 (c) for which the project activity does not only relate to the conversion of one or more plantations from short rotations (as described in paragraph (1)(b)), to long rotations of at least 20 years.

Note:          Under subparagraph (c)(ii) of the definition of “permanence period discount number” in subsection 16(2) of the Act, this subsection applies to projects whose crediting period started on or after 31 January 2022 (whether or not the project was of this kind at the start of the crediting period or becomes of this kind, such as on the addition of land to the project area of the project).

4  After section 121

Insert:

122 Project area variations for certain expired, varied or revoked methods

  Paragraph 23(1)(f) does not apply to an application under subsection 23(3) submitted to the Regulator before the date in column 2 of the following table if it relates to a project for which the methodology determination in column 3 of the following table is the applicable methodology determination due to the operation of sections 125, 126 or 127 of the Act.