Climate Change (Forestry Sector) Regulations 2008

22C Allocation of permanent sample plots

(1)

The EPA must, on receipt of an application under regulation 22B, allocate plots to an FMA participant’s registered post-1989 forest land in accordance with any standard issued by the EPA and in accordance with the following rules:

(a)

subject to paragraph (b), the minimum number of plots required for an FMA participant’s registered post-1989 forest land is—

(i)

30 plots for 100 hectares of forest land:

(ii)

200 plots for 10 000 or more hectares of forest land:

(iii)

a number determined on a sliding scale between 30 and 200 plots for forest land between 100 and 10 000 hectares:

(b)

if an FMA participant has assigned a forest class or classes to its registered post-1989 forest land, the EPA must determine the minimum number of plots for each of the following areas in accordance with the formula in paragraph (c):

(i)

the area of the FMA participant’s land to which a forest class of exotic has been assigned:

(ii)

the area of the FMA participant’s land to which a forest class of indigenous has been assigned:

(c)

the formula for determination of the minimum number of plots for an area of land in an assigned forest class is—

NP-FC = AFC/ATOTAL × NP-TOTAL × CFC

where—

NP-FC

is the minimum number of permanent sample plots for the area of the FMA participant’s registered post-1989 forest land in the assigned forest class

AFC

is the area in hectares of the FMA participant’s registered post-1989 forest land in the assigned forest class

ATOTAL

is the total area in hectares of the FMA participant’s registered post-1989 forest land

NP-TOTAL

is the minimum number of permanent sample plots required for the FMA participant’s total registered post-1989 forest land under paragraph (a)

CFC

is—

(i)

1, if the assigned forest class for the area is exotic:

(ii)

0.5, if the assigned forest class for the area is indigenous:

(d)

the EPA must allocate plots to the FMA participant’s post-1989 forest land as follows:

(i)

if the FMA participant has not assigned a forest class or classes to the land, the EPA must allocate—

(A)

the minimum number of plots determined under paragraph (a) for the land; or

(B)

any greater number of plots requested by the FMA participant:

(ii)

if the FMA participant has assigned a forest class or classes to the land, the EPA must allocate, in respect of the area of the FMA participant’s land in each of the forest class of exotic and the forest class of indigenous,—

(A)

the minimum number of plots determined under paragraph (c) for that area; or

(B)

any greater number of plots requested by the FMA participant:

(e)

if the number of plots required to be allocated to an area of land under paragraph (d) is—

(i)

not a whole number, the EPA must round the number to the nearest whole number, with 0.5 being rounded up to the nearest whole number:

(ii)

less than 2, the EPA must allocate 2 plots to the area:

(f)

the required number of plots for an area of the FMA participant’s registered post-1989 forest land must be allocated as uniformly as practicable within that area.

(2)

The EPA must give notice to the FMA participant of the identifier and location of the permanent sample plots allocated to the FMA participant’s registered post-1989 forest land under subclause (1).

(3)

This regulation is subject to regulation 22J(3) and (4).

Regulation 22C: inserted, on 1 September 2011, by regulation 11 of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138).

Regulation 22C(1): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321).

Regulation 22C(1)(b): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321).

Regulation 22C(1)(d): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321).

Regulation 22C(1)(d)(i): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321).

Regulation 22C(1)(d)(ii): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321).

Regulation 22C(1)(e)(i): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321).

Regulation 22C(1)(e)(ii): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321).

Regulation 22C(2): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321).