186B Criteria for approving offsetting forest land applications

(1)

The EPA must approve land as offsetting forest land if—

(a)

the land—

(i)

is the subject of an offsetting forest land application that—

(A)

is in the prescribed form, and accompanied by the payment of any prescribed fee; and

(B)

complies with any relevant regulations made under section 186F; and

(C)

is accompanied by any other relevant information that the EPA may require; and

(ii)

was—

(A)

not forest land on or after 31 December 1989; or

(B)

forest land on 31 December 1989 that was deforested between 1 January 1990 and 31 December 2007 and is (at the time the offsetting forest application is made) not forest land; or

(C)

pre-1990 forest land (other than exempt land) that was deforested on or after 1 January 2008 and any liability in respect of it to surrender units in relation to the activity listed in Part 1 of Schedule 3 has been satisfied, and is (at the time the offsetting forest application is made) not forest land; or

(D)

pre-1990 forest land (other than exempt land) that was deforested on or after 1 January 2013 and offset by pre-1990 offsetting forest land, and is (at the time the offsetting forest application is made) not forest land; or

(E)

exempt land that has been deforested and in respect of which the number of units that would have been required to be surrendered in relation to the activity in Part 1A of Schedule 3 had the land not been exempt land has been surrendered, and is (at the time the offsetting forest application is made) not forest land; and

(b)

the land is land—

(i)

that has a total area (whether or not contiguous) that is equal to or greater than the total area of the pre-1990 forest land that is to be offset by that land (whether or not contiguous); and

(ii)

in which each individual parcel that makes up the total area of the offsetting forest land is at least 1 hectare with an average width of at least 30 metres; and

(c)

the EPA is satisfied that the land is likely to—

(i)

achieve carbon equivalence with the pre-1990 forest land that is to be offset by that land within the usual rotation period for forest species of the pre-1990 forest land; and

(ii)

become forest land before the pre-1990 forest land that is to be offset by that land is deforested; and

(d)

any other requirements with respect to offsetting specified in this Act or regulations made under this Act are satisfied.

(2)

The EPA may decline any application that does not meet all or any of the requirements specified in subsection (1).

Section 186B: inserted, on 1 January 2013, by section 81 of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).