New Zealand Legislation: Regulations
Regulations are laws made under Acts
(1) In these regulations, unless the context otherwise requires,—
Act means the Climate Change Response Act 2002
area, in relation to the measurement of land, means the area of that land as determined by planimetric measurement
basal area means the cross-sectional area of the stem of a tree measured over bark at a point that is 1.4 metres from ground level on the uphill side of the tree and expressed in square metres
class means a class defined in the International Code of Botanical Nomenclature (Vienna Code) 2006
Douglas fir means the forest species Pseudotsuga menziesii
emissions return period means the year or other period covered by an emissions return
exotic hardwoods means exotic forest species in the class Magnoliopsida (angiosperms)
exotic softwoods means exotic forest species in the class Coniferopsida (gymnosperms), other than Pinus radiata or Douglas fir
FMA means field measurement approach
FMA information means information collected in accordance with regulation 22B(1)(c)
FMA participant—
(a) means a post-1989 forest land participant who has 100 or more hectares of registered post-1989 forest land at any time during a mandatory emissions return period; but
(b) excludes any post-1989 forest land participant—
(i) who had 100 or more hectares of registered post-1989 forest land before this definition came into force; but
(ii) who otherwise has fewer than 100 hectares of registered post-1989 forest land from the date this definition comes into force until the end of the first commitment period
forest type, in relation to a hectare of forest land, means the forest type determined under—
(a) regulation 16(c), if the forest land is pre-1990 forest land; or
(b) regulation 22(c), if the forest land is post-1989 forest land
mandatory emissions return period has the same meaning as in section 189(9) of the Act
non-FMA participant means a post-1989 forest land participant who is not an FMA participant
participant-specific forest carbon stock table means a table that shows the carbon stock per hectare for an FMA participant's registered post-1989 forest land by forest type and age of trees
participant-specific residual carbon stock table means a table that shows the carbon stock per hectare for an FMA participant’s registered post-1989 forest land from above ground residual wood and below ground roots immediately following clearing by forest type and age of trees at the time of clearing
participant-specific table means, as the case may require, 1 or both of the following produced by the chief executive under regulation 22D:
(a) a participant-specific forest carbon stock table:
(b) a participant-specific residual carbon stock table
post-1989 forest land participant means a person who is a participant under section 54(1)(b) of the Act in relation to an activity listed in Part 1 of Schedule 4 of the Act
pre-1990 forest land participant means a person who is a participant under section 54(1)(a) of the Act in relation to an activity listed in Part 1 of Schedule 3 of the Act
predominant forest species, in relation to an area of forest land, means the particular forest species with the greatest total basal area
regenerate means the commencement of growth of seedlings that are present as a result of a process other than planting
region means a region specified in Schedule 1
registered post-1989 forest land, in relation to a post-1989 forest land participant, means all the post-1989 forest land in respect of which the participant, regardless of the activity listed in Part 1 of Schedule 4 of the Act to which the land relates,—
(a) is recorded as a participant under section 188 of the Act; or
(b) becomes a participant under section 192 of the Act
Registrar means a Registrar of the Maori Land Court, the Registrar-General of Land, or the Registrar of Deeds
shrub species—
(a) means a perennial woody-stemmed species that is self-supporting and capable of reaching at least 0.3 metres in height at maturity in the place where it is located; but
(b) does not include a forest species
sub-area,—
(a) in relation to pre-1990 forest land, means any area of 1 or more hectares—
(i) that has the same forest type; and
(ii) that is in one region, if the forest type is Pinus radiata; and
(iii) where the trees of the forest type are the same age; and
(b) in relation to post-1989 forest land, means any area of 1 or more hectares within a single carbon accounting area—
(i) that has the same forest type; and
(ii) that, if the forest type is Pinus radiata, and the carbon stock change of the sub-area is required to be calculated using the tables in Schedule 6, is in one region; and
(iii) where the trees of the forest type are the same age; and
(iv) where, if the area contains above ground residual wood and below ground roots from cleared trees that are to be treated as decaying under regulation 22(h), the trees that are decaying—
(A) are of the same forest type; and
(B) were the same age when cleared; and
(C) were cleared in the same year; and
(D) are, if the trees cleared were Pinus radiata, and the carbon stock change of the sub-area is required to be calculated using the tables in Schedule 6, in one region
timber has the same meaning as in section 2(1) of the Forests Act 1949
tree means a tree of a forest species.
(2) Examples used in these regulations have the following status:
(a) an example is only illustrative of the provision to which it relates and does not limit the provision; and
(b) if an example and the provision to which it relates are inconsistent, the provision prevails.
(3) In a formula used in these regulations, ∑ means the summation of the calculated amounts that follow ∑.
Regulation 4(1) area: inserted, on 19 June 2011, by regulation 4(4) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138).
Regulation 4(1) basal area: inserted, on 1 October 2010, by regulation 4(1) of the Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183).
Regulation 4(1) FMA: inserted, on 1 September 2011, by regulation 4(1) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138).
Regulation 4(1) FMA information: inserted, on 1 September 2011, by regulation 4(1) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138).
Regulation 4(1) FMA participant: inserted, on 1 September 2011, by regulation 4(1) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138).
Regulation 4(1) forest type: inserted, on 19 June 2011, by regulation 4(4) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138).
Regulation 4(1) mandatory emissions return period: inserted, on 1 September 2011, by regulation 4(1) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138).
Regulation 4(1) non-FMA participant: inserted, on 1 September 2011, by regulation 4(1) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138).
Regulation 4(1) participant-specific forest carbon stock table: inserted, on 1 September 2011, by regulation 4(1) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138).
Regulation 4(1) participant-specific residual carbon stock table: inserted, on 1 September 2011, by regulation 4(1) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138).
Regulation 4(1) participant-specific table: inserted, on 1 September 2011, by regulation 4(1) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138).
Regulation 4(1) predominant forest species: inserted, on 1 October 2010, by regulation 4(1) of the Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183).
Regulation 4(1) regenerate: substituted, on 1 October 2010, by regulation 4(2) of the Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183).
Regulation 4(1) registered post-1989 forest land: inserted, on 1 September 2011, by regulation 4(1) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138).
Regulation 4(1) shrub species: inserted, on 1 September 2011, by regulation 4(1) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138).
Regulation 4(1) sub-area paragraph (b): amended, on 19 June 2011, by regulation 4(5) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138).
Regulation 4(1) sub-area paragraph (b)(ii): substituted, on 1 September 2011, by regulation 4(2) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138).
Regulation 4(1) sub-area paragraph (b)(iv)(D): substituted, on 1 September 2011, by regulation 4(3) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138).
Regulation 4(1) tree: added, on 19 June 2011, by regulation 4(4) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138).
Regulation 4(3): added, on 8 December 2009, by section 88(2) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
