New Zealand Legislation: Regulations
Regulations are laws made under Acts
The following rules must be used when applying the tables in Schedule 6 or participant-specific tables for the purposes of calculating carbon stock under regulation 21:
(a) the age of a tree is the number of years from the year of planting or regeneration of the tree, no matter when in the relevant year the tree was planted or regenerated, to (as the case may be)—
(i) the year of commencement of the emissions return period; or
(ii) the year of clearing of the tree, no matter when in that year the tree was cleared; or
(iii) the year in which the end of the emissions return period falls, unless the return ends on 31 December, in which case the age is to be calculated as at 1 January of the following year:
A tree is planted at any time during 1995. An emissions return is submitted for the period 1 January 2008 to 31 December 2010. For the purposes of applying the tables in Schedule 6, the tree was 13 years old (2008 − 1995) at the start of the emissions return period and 16 years old (2011 − 1995) at the end of the period.
(b) if a tree that is an exotic forest species regenerates on land from which a forest species has been cleared, and the regeneration occurs in the same calendar year as the clearing, the tree is to be treated for the purposes of paragraph (a) as having regenerated in the year following the year in which the forest species was cleared:
An area of post-1989 forest land contains regenerating Pinus radiata. The Pinus radiata was last felled in 2008. For the purposes of determining the age of the trees under paragraph (a), the current Pinus radiata is treated as having regenerated in 2009.
(c) the forest type of a hectare of forest land is—
(i) Pinus radiata if the predominant forest species on the land is Pinus radiata; or
(ii) Douglas fir if the predominant forest species on the land is Douglas fir; or
(iii) exotic softwoods if the predominant forest species on the land is an exotic softwood; or
(iv) exotic hardwoods if the predominant forest species on the land is an exotic hardwood; or
(v) indigenous forest if the predominant forest species on the land is indigenous:
(d) [Revoked]
(e) if the age of a tree calculated under paragraph (a) is older than the last age on the table for that forest type, the age for that tree is the last age on the table:
Exotic hardwoods in an area of post-1989 forest land are calculated to be 27 years old. The entry for 25-year-old trees (the last age on table 2 of Schedule 6) is to be used.
(f) if a hectare of forest land contains trees of mixed ages and paragraph (fa) does not apply, the age of the trees is to be calculated as a weighted average by—
(i) determining—
(A) the total basal area of all the trees; and
(B) the total basal area of the trees of each age group; and
(C) the fraction of the total basal area of each age group with respect to the total basal area of all the trees (by dividing the value obtained under subsubparagraph (B) by the value obtained under subsubparagraph (A)); and
(ii) for the trees of each age group, multiplying the age of the age group by the value obtained in subparagraph (i)(C); and
(iii) adding together the results for all the age groups:
A participant has a hectare of intermingled Pinus radiata of 2 ages: 30-year-old trees and 15-year-old trees. The 30-year-old trees comprise 70% of the total basal area and the 15-year-old trees comprise 30% of the total basal area. The age of the trees is their basal area-weighted average age of 25.5 years ((30 years × 0.7) + (15 years × 0.3) = 25.5 years), which is rounded to 26 years.
(fa) if a hectare of forest land contains regenerating indigenous forest species of mixed ages as the predominant forest species, the age of all of the trees in that hectare is calculated from the time since regeneration of the first of the indigenous forest species in that hectare began:
(g) if, under paragraph (f) or (fa),—
(i) the age of the trees is not a whole number, the age must be rounded to the nearest whole number:
(ii) the age of the trees includes 0.5 of a year, the number must be rounded up to the nearest whole number:
(h) if trees have been cleared but the land has not been deforested, the residual wood from above ground residual wood and below ground roots from the cleared trees is to be treated as decaying for a period of 10 years from the year of clearing:
(i) if a hectare of forest land contains trees of both mixed species and mixed ages, the average age of the trees in that hectare—
(i) is that of the predominant forest species; and
(ii) is determined—
(A) in the manner specified in paragraph (f) by using values of the basal area for the predominant forest species only; or
(B) in the case of regenerating indigenous forest, in accordance with paragraph (fa).
Regulation 22 heading: amended, on 1 September 2011, by regulation 10(1) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138).
Regulation 22: amended, on 1 September 2011, by regulation 10(2) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138).
Regulation 22(b): substituted, on 1 October 2010, by regulation 8(1) of the Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183).
Regulation 22(b): amended, on 1 September 2011, by regulation 10(3) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138).
Regulation 22(d): revoked, on 1 October 2010, by regulation 8(2) of the Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183).
Regulation 22(f): substituted, on 1 October 2010, by regulation 8(3) of the Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183).
Regulation 22(fa): inserted, on 1 October 2010, by regulation 8(3) of the Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183).
Regulation 22(g): amended, on 1 September 2011, by regulation 10(4) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138).
Regulation 22(h): amended, on 1 September 2011, by regulation 10(5) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138).
Regulation 22(i): added, on 1 October 2010, by regulation 8(4) of the Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183).
