These regulations are the Climate Change (Forestry Sector) Regulations 2008.

These regulations come into force on the day after the date of their notification in the Gazette.

These regulations apply on and after 1 January 2008.

(1) In these regulations, unless the context otherwise requires,—

(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 ∑.

(1) If a participant is required under these regulations to collect information or calculate emissions or removals in relation to an area in hectares, the area must include any fraction of a hectare rounded to 1 decimal place by—

• (a) expressing the area as a decimal number truncated to 2 decimal places; and

• (b) if the number in the second decimal place—

  • (i) is 5 or more, increasing the number in the first decimal place by 1; or

  • (ii) is less than 5, leaving the number in the first decimal place unchanged.

(2) For the purposes of calculating—

• (a) total emissions for deforestation of pre-1990 forest land under regulation 15, the total emissions in tonnes of carbon dioxide must be rounded to the nearest whole tonne; or

• (b) emissions or removals from a carbon accounting area under regulation 20(1), the emissions or removals must be rounded to the nearest whole tonne of carbon dioxide.

(3) If the emissions or removals in tonnes of carbon dioxide consist of a whole number and half a tonne, the tonnage must be rounded up to the nearest whole tonne.

If these regulations require an application, notice, or emissions return to be submitted with geospatial mapping information about an area of land referred to in that application, notice, or emissions return, the information must be provided in the format prescribed by the EPA under section 90 of the Act.

(1) The EPA may, by notice in the Gazette, issue guidelines or standards in relation to the data or other information to be collected under regulation 14, 19, 22B, or 22C.

(2) The EPA may, by notice in the Gazette, amend or revoke a guideline or standard.

(3) A participant who complies with a guideline or standard that is issued under this regulation, and is in force, is to be treated as complying with the requirements of these regulations to which the guideline or standard relates.

(1) The fees and charges set out in Schedule 2 are payable to the EPA in respect of the matters to which they relate.

(2) The fees and charges are inclusive of any goods and services tax payable under the Goods and Services Tax Act 1985.

(3) Subject to subclause (4), the fees and charges payable under these regulations are payable to the EPA,—

• (a) in the case of the fees for the following matters, at the time of making the application, notifying the EPA, or submitting the return:

  • (i) an application for—

    • (A) registration as a participant:

    • (B) the addition of a carbon accounting area:

    • (C) the removal of a carbon accounting area:

  • (ii) a notification of a transmission of interest:

  • (iii) a submission of an emissions return; and

• (b) in the case of any other charge, upon an invoice issued by or on behalf of the EPA and within the time specified in the invoice.

(4) The EPA may approve other arrangements for the payment of fees or charges by any person under this regulation.

(1) The chief executive may, in whole or in part, waive or refund the payment of any fee or charge payable under these regulations if the chief executive is satisfied that—

• (a) the services performed do not justify the payment or the payment in full; or

• (b) the waiver or refund is reasonable in the circumstances.

(2) The chief executive's decision must—

• (a) be in writing; and

• (b) specify the reason for the waiver or refund.

(1) Costs specified in these regulations as payable at an hourly rate must be calculated by—

• (a) adding together the total number of 15-minute units spent by the person carrying out the function (including travel and waiting in respect of the function); and

• (b) multiplying the total number of units by 25% of the applicable hourly rate.

(2) To avoid doubt, a minimum charge of 25% of the hourly rate is payable if the time spent by the person carrying out the function is 15 minutes or less.

(3) For the purposes of this regulation, 15-minute unit means—

• (a) a period of 15 minutes:

• (b) any remainder produced by dividing the total time spent carrying out the function by 15 minutes.

(1) This regulation applies if the EPA—

• (a) is satisfied that any forest land is pre-1990 forest land; or

• (b) records any post-1989 forest land as a carbon accounting area in respect of which there is a post-1989 forest land participant; or

• (c) declares any pre-1990 forest land to be exempt land under section 183 of the Act.

(2) If this regulation applies, the EPA must,—

• (a) if the forest land is Māori land, give notice to the Registrar of the Maori Land Court in whose jurisdiction the land is located that the land is—

  • (i) pre-1990 forest land; or

  • (ii) post-1989 forest land that forms part of a carbon accounting area in respect of which a person is a participant under the Act; or

  • (iii) exempt land under section 183 of the Act; or

• (b) if the forest land is registered or provisionally registered under the Land Transfer Act 1952, give notice to the Registrar-General of Land that the land is—

  • (i) pre-1990 forest land; or

  • (ii) post-1989 forest land that forms part of a carbon accounting area in respect of which a person is a participant under the Act; or

  • (iii) exempt land under section 183 of the Act; or

• (c) if the forest land is registered under the Deeds Registration Act 1908, give notice to the Registrar of Deeds that the land is—

  • (i) pre-1990 forest land; or

  • (ii) post-1989 forest land that forms part of a carbon accounting area in respect of which a person is a participant under the Act; or

  • (iii) exempt land under section 183 of the Act.

(3) A notice under subclause (2)—

• (a) must be in form 1 of Schedule 3; and

• (b) may contain any additional information that the EPA thinks fit; and

• (c) must, if any pre-1990 forest land, post-1989 forest land that forms part of a carbon accounting area in respect of which a person is a participant under the Act, or exempt land constitutes part of a greater area of land contained in a record of the Maori Land Court, computer register, or deeds index, indicate that only part of the land is—

  • (i) pre-1990 forest land; or

  • (ii) post-1989 forest land that forms part of a carbon accounting area in respect of which a person is a participant under the Act; or

  • (iii) exempt land under section 183 of the Act.

A Registrar who receives notice under regulation 10 that land is pre-1990 forest land, post-1989 land that forms part of a carbon accounting area in respect of which a person is a participant under the Act, or exempt land under section 183 of the Act must record the notice in the appropriate record of the Maori Land Court, computer register, or deeds index relating to the land.

(1) This regulation applies if—

• (a) the EPA has notified a Registrar under regulation 10 that any land is—

  • (i) pre-1990 forest land; or

  • (ii) post-1989 forest land that forms part of a carbon accounting area in respect of which a person is a participant under the Act; or

  • (iii) exempt land under section 183 of the Act; and

• (b) the EPA is satisfied that—

  • (i) any land, or part of any land, notified as—

    • (A) pre-1990 forest land is not, or has ceased to be, pre-1990 forest land; or

    • (B) post-1989 forest land is not, or has ceased to be, part of a carbon accounting area in respect of which a person is a participant under the Act; or

  • (ii) any land or part of the land notified as exempt land under section 183 of the Act is not or has ceased to be exempt land.

(2) If this regulation applies, the EPA must, by notice to the appropriate Registrar, cancel or partially cancel the notice given under regulation 10.

(3) If a Registrar receives a notice from the EPA under subclause (2), the Registrar—

• (a) must amend the relevant Maori Land Court record, computer register, or deeds index relating to the land to reflect the cancellation or partial cancellation of the notice given under regulation 10; and

• (b) may take any other action in respect of a Maori Land Court record, computer register, or deeds index for the land to ensure that the land is not noted as—

  • (i) pre-1990 forest land; or

  • (ii) post-1989 forest land that is part of a carbon accounting area in respect of which a person is a participant under the Act; or

  • (iii) exempt land under section 183 of the Act.

(4) A notice under subclause (2) must be in form 2 of Schedule 3 and may contain such additional information as the EPA thinks fit.

An application for a declaration that pre-1990 forest land is exempt land under section 183 of the Act must be accompanied by geospatial mapping information about the area of land in respect of which the exemption is sought.

(1) Subject to subclause (3), a pre-1990 forest land participant must collect the following information in relation to any pre-1990 forest land, other than exempt land, from which trees are cleared as part of deforestation by the participant in a year:

• (a) the area, in hectares, of pre-1990 forest land from which trees are cleared; and

• (b) in relation to each hectare of cleared land,—

  • (i) the forest type cleared; and

  • (ii) the age of the forest species cleared; and

  • (iii) if the forest species is Pinus radiata, the region or regions in which the pre-1990 forest land is located.

(2) The rules specified in regulation 16 apply for the purposes of subclause (1)(b).

(3) If a person becomes a pre-1990 forest land participant in a year due to the operation of—

• (a) section 179, the information that must be collected by the participant under subclause (1) must relate to the trees cleared from the land 4 years, 10 years, or 20 years earlier (as relevant), whether or not those trees were cleared by the pre-1990 forest land participant; and

• (b) section 181(3), the information that must be collected under subclause (1) must relate to the trees cleared from the pre-1990 forest land prior to the forest land being transferred to the pre-1990 forest land participant, or control of the forest land reverting to the pre-1990 forest land participant following the expiry or termination of the forestry right, Crown forest licence, lease, or other agreement that related to the land.

(1) A pre-1990 forest land participant must calculate the emissions from each sub-area of pre-1990 forest land deforested by the participant in an emissions return period in accordance with the following formula:

(2) Application of the tables in Schedule 4 is subject to—

• (a) the rules in regulation 16; and

• (b) section 186 of the Act, which provides special rules where the trees cleared from pre-1990 forest land are 8 years old or younger.

(3) An emissions return submitted by a pre-1990 forest land participant must record the participant's total emissions from deforestation for the emissions return period determined by adding together the emissions from each sub-area, as calculated under subclause (1).

The following rules must be used when applying the tables in Schedule 4 for the purpose of calculating emissions under regulation 15:

• (a) the age of a tree is the number of years from the year of planting or regeneration of the tree to the year of clearing of the tree, no matter when in the relevant year the tree was planted, regenerated, or cleared:

  Example

  A tree is planted at any time in 1985 and felled at any time during 2011. For the purposes of applying the tables in Schedule 4, the tree is 26 years old.

• (b) if a tree regenerates on land on which a forest species was cleared immediately prior to the regeneration, 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:

  Example

  An area of forest land contains regenerating Douglas fir. The Douglas fir was last harvested from the land in 2008. For the purposes of determining the age of the trees under paragraph (a), the current Douglas fir 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:

  • (v) indigenous forest if the predominant forest species on the land is indigenous:

• (d) [Revoked]

• (e) if trees cleared from land are older than the last age on the table for that forest type, the age for those trees is the last age on the table:

  Example

  An area of forest land is cleared of 58-year-old exotic softwoods. The figure for carbon stock per hectare for 50-year-old trees (the last age on table 2 in Schedule 4) is to be used.

• (f) if a hectare of forest land contains trees of mixed ages, 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:

    Example

    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 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 species, in accordance with paragraph (fa).

An emissions return of a pre-1990 forest land participant must be accompanied by the following information in respect of each area of pre-1990 forest land, other than exempt land, deforested by the participant in the emissions return period:

• (a) its legal description; and

• (b) if relevant, the computer register reference or references or Maori Land Court records that pertain to the area; and

• (c) geospatial mapping information.

The geospatial mapping information specified in the second column of Schedule 5 must be submitted to the EPA with the document specified in the first column of Schedule 5.

(1) A post-1989 forest land participant must collect the following information in relation to each carbon accounting area in respect of which the participant is recorded as carrying out an activity listed in Part 1 of Schedule 4 of the Act in a year:

• (a) the area, in hectares, of each forest type in the carbon accounting area and, in relation to each hectare of that forest type,—

  • (i) the name of the forest type; and

  • (ii) the age of the trees; and

  • (iii) if the forest species is Pinus radiata, the region or regions in which the post-1989 forest land is located; and

• (b) the area, in hectares, of land cleared in the carbon accounting area and, in relation to each hectare of cleared land,—

  • (i) the forest type cleared; and

  • (ii) the age of the trees cleared; and

  • (iii) if the forest species is Pinus radiata, the region or regions in which the post-1989 forest land is located.

(2) The rules specified in regulation 22 apply for the purposes of subclause (1).

(1) A post-1989 forest land participant must calculate the emissions or removals from each carbon accounting area covered by an emissions return for an emissions return period by determining the carbon stock change in the carbon accounting area in accordance with the following formula:

(2) If the carbon stock change for a carbon accounting area in an emissions return period is—

• (a) positive, the change is a removal; or

• (b) negative, the change is an emission.

(3) This regulation is subject to regulation 20A.

(1) This regulation applies if a carbon accounting area (CAA2) has been constituted from the whole or part of another carbon accounting area or areas under section 188(7)(b)(ii)(B) or 192(3)(b) of the Act.

(2) For the purposes of calculating carbon stock change in CAA2 under regulation 20(1) in an emissions return period that commences on the date of constitution of CAA2, CS_opening is the figure determined using the following formula:

(3) For the purposes of subclause (2), CSp_closing must be calculated using the following formula:

(4) For the purpose of subclause (3), CAA1 means the carbon accounting area from which CAA2 formed part.

(1) For the purposes of regulation 20, the carbon stock of a sub-area must be calculated by—

• (a) using—

  • (i) table 1 or 2 of Schedule 6 for non-FMA participants, or the table required under regulation 22E for FMA participants, to calculate the forest carbon stock of the sub-area other than from any above ground residual wood and below ground roots from previously cleared trees referred to in subparagraph (ii) (T₁); and

  • (ii) if relevant, table 3 or 4 of Schedule 6 for non-FMA participants, or the table required under regulation 22E for FMA participants, to calculate the carbon stock of the sub-area from above ground residual wood and below ground roots from previously cleared trees that are to be treated as decaying on the land under regulation 22(h) (T₂); and

• (b) adding together each of the figures for carbon stock referred to in subclause (1)(a) (T₁ + T₂).

(2) The following formula must be used to calculate the carbon stock of a sub-area under subclause (1)(a)(i):

(3) The following formula must be used to calculate the carbon stock of a sub-area under subclause (1)(a)(ii):

(4) Application of the tables in Schedule 6 or any participant-specific table required under regulation 22E is subject to the rules in regulation 22.

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:

  Example

  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:

  Example

  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:

  Example

  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:

    Example

    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).

(1) An FMA participant may, by giving notice to the chief executive, assign—

• (a) a forest class of exotic to any area of the FMA participant’s registered post-1989 forest land on which 1 or more exotic forest species are growing or being managed with the intention that an exotic forest species will be the predominant forest species on each hectare of the land (or part thereof); and

• (b) a forest class of indigenous to any area of the FMA participant’s registered post-1989 forest land on which 1 or more indigenous forest species are growing or being managed with the intention that an indigenous forest species will be the predominant forest species on each hectare of the land (or part thereof).

(2) An FMA participant who assigns a forest class by notice to the chief executive under subclause (1) must assign a forest class of exotic or indigenous (as the case may be) to all areas of the FMA participant’s registered post-1989 forest land.

(1) An FMA participant must, in accordance with any relevant standard issued by the chief executive,—

• (a) apply to the chief executive for the allocation of permanent sample plots to be located on the FMA participant’s registered post-1989 forest land, which application must request—

  • (i) the minimum number of plots required under regulation 22C; or

  • (ii) a greater number of plots than the minimum number of plots required; and

• (b) establish a permanent sample plot at each location allocated for a plot by the chief executive under regulation 22C; and

• (c) at least once in each mandatory emissions return period, collect the following information in relation to each permanent sample plot located on the FMA participant's registered post-1989 forest land:

  • (i) the identifier and location of the plot; and

  • (ii) the following information for the plot or each part of the plot:

    • (A) the shape, dimensions, and area; and

    • (B) the type and dimensions of any trees present; and

    • (C) if the FMA participant wishes, the type and dimensions of the shrub species present; and

    • (D) silvicultural information in relation to trees (if applicable), including (but not limited to) the actual or intended dates, intensity, and types of pruning and thinning up to the expected time of clearing; and

    • (E) information about any adverse event (for example, fire or windthrow) that has caused clearing of any trees, including (but not limited to) the date, intensity, and type of the adverse event; and

  • (iii) the date on which any information was collected for the purpose of subparagraph (ii); and

• (d) submit the FMA information collected under paragraph (c) for each permanent sample plot to the chief executive together with a written declaration that states that—

  • (i) the FMA information submitted—

    • (A) is true and correct; and

    • (B) has been collected from the plot to which the FMA information is attributed; and

  • (ii) the management and silvicultural regime of the FMA participant’s registered post-1989 forest land within the plot is consistent with the management and silvicultural regime of the FMA participant’s registered post-1989 forest land of the same forest type and age in the locality of the plot.

(2) Subject to any waiver granted under regulation 22K, an FMA participant who submits FMA information to the chief executive under subclause (1)(d) must submit FMA information for all the permanent sample plots that, at the date of submission of the FMA information, have been allocated to the FMA participant’s registered post-1989 forest land.

(3) However, as long as the FMA participant complies with the requirements in subclauses (1)(c) and (d) to collect information from all the permanent sample plots on the FMA participant’s registered post-1989 forest land at least once in each mandatory emissions return period and submit it to the chief executive, FMA information submitted under subclause (1)(d) may be information that has already been provided to the chief executive.

(1) The chief executive 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 chief executive 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 chief executive 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—

  N_P-FC = A_FC/A_TOTAL × N_P-TOTAL × C_FC

  where—

  N_P-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

  A_FC

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

  A_TOTAL

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

  N_P-TOTAL

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

  C_FC

  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 chief executive 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 chief executive 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 chief executive 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 chief executive 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 chief executive 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 chief executive 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).

(1) The chief executive must, on receipt of any FMA information from an FMA participant (together with any declaration required) or when requested by an FMA participant under regulation 22G(6) or 22H(3),—

• (a) use the FMA information that the FMA participant has provided and, as necessary, carbon stock expansion factors from related parameters, to model forest growth and carbon yield (including forecast growth and yield) for the FMA participant’s registered post-1989 forest land with the same forest type by age of trees; and

• (b) produce and provide to the relevant FMA participant the following tables for each forest type covered by the FMA information:

  • (i) a participant-specific forest carbon stock table expressed as tonnes of carbon dioxide per hectare; and

  • (ii) a participant-specific residual carbon stock table expressed as tonnes of carbon dioxide per hectare.

(2) The participant-specific tables produced by the chief executive under subclause (1) must be based on national or international industry standard approaches for determination and forecasting of forest carbon stocks (for example, industry standard models or allometric equations) that have been peer reviewed by a person or persons that the chief executive considers to be expert in the fields of forest inventory, forest growth modelling, or forest carbon stock estimation.

(3) The participant-specific tables may be produced automatically by a computer or other electronic means as a result of information entered or held in the computer or other electronic means, and tables produced by these means—

• (a) must be treated as tables produced by the chief executive; and

• (b) are not invalid by virtue of being produced automatically.

(4) The chief executive may, if any FMA information provided by an FMA participant appears to be incomplete or abnormal, seek further information or confirmation of the information from the FMA participant before producing participant-specific tables based on the information.

(5) A participant-specific table produced by the chief executive under subclause (1) must be provided to the relevant FMA participant in accordance with section 147 of the Act as if the participant-specific table were a notice given under that section.

(1) A post-1989 forest land participant who is an FMA participant in the first commitment period must,—

• (a) if the FMA participant is required to submit an emissions return within 3 months of the end of that period under section 189(4) of the Act, use the following participant-specific tables to calculate carbon stock for the purposes of the emissions return:

  • (i) a participant-specific forest carbon stock table generated from FMA information collected during the first commitment period to calculate carbon stock under regulation 21(1)(a)(i):

  • (ii) a participant-specific residual carbon stock table generated from FMA information collected during the first commitment period to calculate carbon stock under regulation 21(1)(a)(ii); and

• (b) use the tables required to be used by a non-FMA participant under regulation 21 to calculate carbon stock for the purposes of any emissions return submitted in respect of any part of the first commitment period other than the emissions return referred to in paragraph (a).

(2) A post-1989 forest land participant who is an FMA participant in any mandatory emissions period other than the first commitment period must,—

• (a) if the FMA participant has participant-specific tables provided by the chief executive, use for any emissions return (other than the emissions return referred to in paragraph (c)) the FMA participant’s most recent—

  • (i) participant-specific forest carbon stock table to calculate carbon stock under regulation 21(1)(a)(i):

  • (ii) participant-specific residual carbon stock table to calculate carbon stock under regulation 21(1)(a)(ii); and

• (b) if the FMA participant does not yet have participant-specific tables provided by the chief executive, use the tables required to be used by a non-FMA participant under regulation 21 to calculate carbon stock for the purposes of any emissions return submitted in respect of any part of the mandatory emissions return period other than the emissions return referred to in paragraph (c); and

• (c) if the FMA participant is required to submit an emissions return within 3 months of the end of the mandatory emissions return period under section 189(4) of the Act, use the following participant-specific tables to calculate carbon stock for the purposes of the emissions return:

  • (i) a participant-specific forest carbon stock table generated from FMA information collected during the mandatory emissions return period to calculate carbon stock under regulation 21(1)(a)(i):

  • (ii) a participant-specific residual carbon stock table generated from FMA information collected during the mandatory emissions return period to calculate carbon stock under regulation 21(1)(a)(ii).

(3) If an FMA participant is required by these regulations to calculate carbon stock for a forest type using participant-specific tables and those participant-specific tables do not include the forest type, the FMA participant must use the tables set out in Schedule 6 to calculate the carbon stock as if the FMA participant were a non-FMA participant.

(4) If, when calculating carbon stock for the purpose of an emissions return, an FMA participant is aware that any of the silvicultural or adverse event information on which the FMA participant’s most recent participant-specific tables are based is incomplete or no longer valid for the period covered by the emissions return (for example, because of a change in silvicultural intentions, or an intervening adverse event), the FMA participant—

• (a) may not use the FMA participant’s most recent participant-specific tables to calculate carbon stock; but

• (b) must submit FMA information that includes updated silvicultural or adverse event information to the chief executive under regulation 22B(1)(d), together with the declaration required by that regulation; and

• (c) must request the chief executive to produce, and provide to the FMA participant, updated participant-specific tables that take into account the new information; and

• (d) must use the updated participant-specific tables provided by the chief executive for the purposes of the emissions return.

(5) An FMA participant must, when submitting an emissions return that shows emissions or removals calculated using a participant-specific table, also submit a declaration that states that the silvicultural and adverse event information provided for all the permanent sample plots on the FMA participant’s registered post-1989 forest land and on which the participant-specific table used for the purposes of the emissions return was based, remains valid and complete.

(6) Subclauses (1) and (2) are subject to—

• (a) subclause (4); and

• (b) regulations 22F to 22J and 22L.

(7) Subclauses (4) and (5) do not apply if the emissions return is submitted under section 189(3) of the Act.

(1) An FMA participant who has permanent sample plots on the FMA participant's registered post-1989 forest land may apply for the allocation of new plots to the land if the FMA participant—

• (a) has not previously applied for the allocation of plots to the land in the mandatory emissions return period in which the application is made (other than applying for additional plots as provided in regulation 22G or 22J); and

• (b) has not yet submitted an emissions return in respect of any of the FMA participant’s registered post-1989 forest land that relates to any part of the mandatory emissions return period in which the application is made.

(2) Before making an application under subclause (1), the FMA participant—

• (a) may, in accordance with regulation 22A,—

  • (i) assign a forest class or classes to the FMA participant’s registered post-1989 forest land; or

  • (ii) notify any change to the forest class or classes assigned to the FMA participant’s registered post-1989 forest land; or

• (b) may, by notice to the chief executive, advise that the FMA participant no longer wishes a forest class or classes to be assigned to the FMA participant’s registered post-1989 forest land.

(3) An FMA participant who is allocated new permanent sample plots following an application made under this regulation must—

• (a) establish those plots at the locations allocated by the chief executive; and

• (b) use, for any emissions return submitted after the date of allocation of the plots that is in respect of the mandatory emissions return period in which the application was made, participant-specific tables produced by the chief executive based on FMA information collected from the plots allocated to the land.

(1) This regulation applies if—

• (a) an FMA participant’s registered post-1989 forest land is reduced by—

  • (i) the FMA participant removing a carbon accounting area or removing land from a carbon accounting area; or

  • (ii) the operation of section 192 of the Act; and

• (b) despite the reduction, the FMA participant retains 100 hectares or more of registered post-1989 forest land.

(2) If the number of permanent sample plots on the FMA participant’s remaining registered post-1989 forest land does not meet the minimum requirements in regulation 22C, the FMA participant must—

• (a) apply to the chief executive for allocation of—

  • (i) additional plots that will bring the number of plots on the FMA participant’s registered post-1989 forest land up to the minimum required for the land; or

  • (ii) any greater number of additional plots than the number required to bring the number of plots up to the minimum required for the land, that the FMA participant would like to establish; and

• (b) establish the additional plots in the locations allocated by the chief executive.

(3) If the FMA participant is unable to determine whether the number of permanent sample plots on the FMA participant’s remaining post-1989 forest land meets the minimum requirements specified in regulation 22C,—

• (a) the FMA participant may request the chief executive to determine the minimum required number of plots; and

• (b) the chief executive must, if requested to do so by an FMA participant, determine the minimum number of plots required for the FMA participant’s registered post-1989 forest land (taking into account any forest class or classes assigned to the land) and advise the FMA participant of that number.

(4) If the number of permanent sample plots on the FMA participant’s remaining registered post-1989 forest land meets the minimum requirements specified in regulation 22C, the FMA participant—

• (a) may apply to the chief executive for allocation of any additional plots that the FMA participant would like to establish; and

• (b) must, if allocated additional plots in accordance with paragraph (a), establish the additional plots in the locations allocated by the chief executive.

(5) Subject to subclause (6), the FMA participant must use, for any emissions return submitted in respect of the FMA participant's remaining registered post-1989 forest land, participant-specific tables produced by the chief executive based on FMA information collected from all the permanent sample plots allocated to the land (that is, the previously allocated plots and any additional plots) if the FMA participant—

• (a) is required by regulation 22E to use participant-specific tables for the purposes of calculating carbon stock for any emissions return; and

• (b) is required to have or has elected to apply for additional permanent sample plots under subclause (2)(a) or (4)(a).

(6) If the FMA participant wishes to submit an emissions return under section 189(3) of the Act before the FMA participant has been provided with participant-specific tables based on FMA information collected from all the permanent sample plots allocated to the land, the FMA participant must—

• (a) request the chief executive to produce interim participant-specific tables based on FMA information previously provided in respect of the plots on the FMA participant’s remaining registered post-1989 forest land; and

• (b) use the interim tables produced as a result of the request to calculate carbon stock under regulation 21 for the emissions return.

(7) For the purposes of subclause (6), the FMA participant must request the production of interim participant-specific tables under subclause (6)(a) when the FMA participant—

• (a) applies to remove the carbon accounting area or to remove land from the carbon accounting area; or

• (b) gives notice of transmission of the interest under section 192 of the Act.

(1) This regulation applies if—

• (a) an FMA participant’s registered post-1989 forest land is reduced by—

  • (i) the FMA participant removing a carbon accounting area or removing land from a carbon accounting area; or

  • (ii) the operation of section 192 of the Act; and

• (b) the FMA participant has, as a result of the reduction, less than 100 hectares of registered post-1989 forest land.

(2) The FMA participant must use to calculate carbon stock for the purposes of any emissions return submitted in respect of the FMA participant's remaining registered post-1989 forest land, in respect of which the FMA participant is required by regulation 22E to use participant-specific tables,—

• (a) participant-specific tables produced by the chief executive based on FMA information collected from the permanent sample plots on the FMA participant's remaining registered post-1989 forest land if at least 2 permanent sample plots are on that land:

• (b) the tables required to be used by a non-FMA participant to calculate carbon stock, if fewer than 2 permanent sample plots are on the FMA participant’s remaining registered post-1989 forest land.

(3) For the purposes of complying with subclause (2)(a), the FMA participant may request the chief executive to produce participant-specific tables based on the FMA information that was previously submitted in respect of the permanent sample plots on the FMA participant's remaining registered post-1989 forest land.

(4) However, if the tables are to be used to calculate carbon stock for the purposes of an emissions return other than a return under section 189(3) of the Act, and the FMA participant is aware that any of the silvicultural or adverse event information previously submitted is incomplete or no longer valid (for example, because of a change in silvicultural intentions, or any intervening adverse event), the FMA participant—

• (a) may not use participant-specific tables produced by the chief executive based on the previously submitted FMA information; but

• (b) must—

  • (i) submit FMA information for the permanent sample plots on the FMA participant's remaining registered post-1989 forest land that includes updated silvicultural or adverse event information to the chief executive under regulation 22B(1)(d), together with the declaration required by that regulation; and

  • (ii) use the participant-specific tables produced by the chief executive based on the information referred to in subparagraph (i) for the purposes of calculating carbon stock for the emissions return.

(5) To avoid doubt, subclauses (2), (3), and (4) do not override regulation 22E(1)(a) or (2)(c).

(6) The FMA participant must make any request for participant-specific tables under subclause (3) when the FMA participant—

• (a) applies to remove a carbon accounting area or remove land from a carbon accounting area; or

• (b) gives notice of transmission of an interest under section 192 of the Act.

(7) An FMA participant who has 2 or more permanent sample plots on the FMA participant’s remaining registered post-1989 forest land, and who subsequently adds further post-1989 forest land but still has less than 100 hectares of registered post-1989 forest land, must, if required by regulation 22E to use participant-specific tables for the purposes of calculating carbon stock for any emissions return,—

• (a) use, for the FMA participant's remaining registered post-1989 forest land, participant-specific tables based on FMA information from the plots on that land as referred to in subclauses (2) to (4); and

• (b) use, for the added land, the tables that a non-FMA participant would be required to use under regulation 21 to calculate carbon stock.

(8) An FMA participant who has reduced the FMA participant’s remaining registered post-1989 forest land to less than 100 hectares and who subsequently adds further post-1989 forest land so that the FMA participant’s total registered post-1989 forest land is 100 hectares or more,—

• (a) must, at the time the FMA participant adds the land that takes the FMA participant up to or over the 100-hectare threshold, apply to the chief executive for an allocation of new permanent sample plots for the FMA participant’s registered post-1989 forest land; and

• (b) may at the same time as complying with paragraph (a) comply with regulation 22F(2)(a) or (b); and

• (c) must establish those plots at the locations allocated by the chief executive; and

• (d) must, if required by regulation 22E to use participant-specific tables, use participant-specific tables produced by the chief executive based on FMA information collected from the plots allocated to the land for any emissions return submitted after the date of allocation of the plots and in respect of the FMA participant's registered post-1989 forest land after the increase in the area of land.

(1) This regulation applies if—

• (a) an FMA participant—

  • (i) applies to remove a carbon accounting area from the FMA participant’s registered post-1989 forest land; or

  • (ii) is removed from the register in respect of all the land in respect of which the FMA participant is recorded as carrying out an activity listed in Part 1 of Schedule 4 of the Act; and

• (b) within 20 working days of the matter in paragraph (a), the FMA participant applies to—

  • (i) add a carbon accounting area or areas consisting of all the post-1989 forest land that was in the carbon accounting area removed from the FMA participant’s registered post-1989 forest land; or

  • (ii) register as a participant under section 57 of the Act in relation to all the post-1989 forest land in respect of which the FMA participant has ceased to be registered as a participant.

(2) If this regulation applies,—

• (a) the FMA participant is not required to comply with regulation 22G or 22H; and

• (b) regulations 22B to 22F and 22K to 22M continue to apply to the FMA participant as if there has been no change in—

  • (i) the post-1989 forest land in respect of which the FMA participant was recorded as a participant; or

  • (ii) the FMA participant’s registration under the Act.

(1) This regulation applies if an FMA participant's registered post-1989 forest land is 100 hectares or more and is increased by—

• (a) the FMA participant adding 1 or more carbon accounting areas to the FMA participant's registered post-1989 land; or

• (b) the operation of section 192 of the Act.

(2) Subject to subclause (9), the FMA participant must—

• (a) apply to the chief executive for allocation of—

  • (i) the minimum number of permanent sample plots required for the FMA participant’s registered post-1989 forest land under regulation 22C(1)(a) or (b), as applicable; or

  • (ii) any greater number of plots than the minimum required for the land under those provisions that the FMA participant would like; and

• (b) establish the plots allocated by the chief executive in accordance with subclause (3).

(3) Subclause (4) applies to an application made under subclause (2)(a) if—

• (a) the FMA participant has not assigned a forest class or classes to the FMA participant’s registered post-1989 forest land, in respect of all the FMA participant’s registered post-1989 forest land:

• (b) the FMA participant has assigned a forest class or classes to the FMA participant’s registered post-1989 forest land in the required locations, in respect of—

  • (i) the area of the FMA participant’s registered post-1989 forest land to which a class of exotic has been assigned:

  • (ii) the area of the FMA participant’s registered post-1989 forest land to which a class of indigenous has been assigned.

(4) If this subclause applies, the chief executive must, when allocating permanent sample plots in respect of an area of registered post-1989 forest land,—

• (a) determine the number of plots per hectare on the FMA participant’s registered post-1989 forest land (or registered post-1989 forest land in that forest class) prior to the new land being added (D_EXIST); and

• (b) determine, if the number of new plots applied for under subclause (2)(a) were to be allocated as uniformly as practicable across both the prior land and the added land (or the prior land in that forest class and the added land in that forest class, as applicable),—

  • (i) the number of new plots that would, if allocated, be located on the prior land or the prior land in that forest class (N_NEW-PRIOR); and

  • (ii) the number of new plots that would, if allocated, be located on the added land or the added land in that forest class (N_NEW-ADDED); and

  • (iii) the number of new plots per hectare that would, if allocated, be located on the added land or the added land in that forest class (D_NEW-ADDED); and

• (c) if D_NEW-ADDED is greater than D_EXIST, determine the number of new plots that would be allocated to the added land if D_NEW-ADDED were equal to D_EXIST; and

• (d) allocate new plots to the FMA participant’s registered post-1989 forest land (or the FMA participant’s registered post-1989 forest land in that forest class, as applicable) as follows:

  • (i) unless paragraph (c) applies, allocate to the added land the number of new plots that is equal to N_NEW-ADDED:

  • (ii) if paragraph (c) applies, allocate to the added land the number of new plots that is equal to the number determined under paragraph (c):

  • (iii) retain from the existing plots on the prior land and treat as newly allocated plots the number of plots equal to N_NEW-PRIOR.

(5) The chief executive 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 (4).

(6) To avoid doubt, any permanent sample plots that are not retained on the prior land, or that existed on the added land before it was added to the FMA participant’s registered post-1989 forest land, are not to be treated as allocated to the FMA participant’s registered post-1989 forest land.

(7) Subject to subclause (8), the FMA participant must, if required by regulation 22E to use participant-specific tables for the purposes of calculating carbon stock for any emissions return, use participant-specific tables produced by the chief executive based on FMA information collected from all the permanent sample plots allocated to the land under subclause (4) for any emissions return submitted in respect of the FMA participant's registered post-1989 forest land after the increase in the area of land.

(8) If the FMA participant wishes to submit an emissions return under section 189(3) of the Act before the participant-specific tables based on FMA information collected from all the permanent sample plots allocated to the land under subclause (4) are produced, the FMA participant may use,—

• (a) for calculating the carbon stock of the prior land, the FMA participant’s most recent participant-specific tables generated before the addition of the land; and

• (b) for calculating the carbon stock of the added land, the tables from the following list that lead to the lesser amount of removals or the greater amount of emissions:

  • (i) the participant-specific tables used for the prior land under paragraph (a):

  • (ii) the tables that a non-FMA participant would be required to use under regulation 21 to calculate carbon stock.

(9) If the FMA participant would be entitled to apply for allocation of new permanent sample plots to the FMA participant’s registered post-1989 forest land under regulation 22F(1), the FMA participant may, instead of complying with this regulation, comply with regulation 22F.

(1) Despite regulation 22B, 22G, 22H, or 22J, if an FMA participant determines that establishing, or collecting FMA information from, a permanent sample plot in a location specified by the chief executive is, or has become, impractical or dangerous, the FMA participant may submit an application to the chief executive for a permanent waiver of the requirement to establish, or collect FMA information from, the plot in that location.

(2) An application made under subclause (1)—

• (a) may be made at any time before FMA information from the specified permanent sample plot is required to be submitted to the chief executive for the generation of participant-specific tables; and

• (b) must specify—

  • (i) why establishing, or collecting FMA information from, the plot is impractical or dangerous; and

  • (ii) if an estimate of the FMA information that would otherwise be required to be collected from the plot is possible, how the estimate is to be made, including, if the FMA participant proposes to establish an alternative plot, the proposed location of that plot.

(3) The chief executive may grant a permanent waiver under this regulation if the chief executive is satisfied that establishing, or collecting FMA information from, a permanent sample plot in the allocated location is impractical or dangerous.

(4) An FMA participant who is granted a permanent waiver under this regulation is not required to establish the permanent sample plot in the location allocated for the plot, but must, if required by the chief executive, and in accordance with any conditions prescribed by the chief executive,—

• (a) provide estimates of the FMA information that would have been collected from a plot in the location allocated for the plot when required to submit FMA information from the plot under these regulations; or

• (b) establish a plot in an alternative location specified by the chief executive and comply with these regulations as if that plot were a plot allocated to the FMA participant’s registered post-1989 forest land.

(5) If the chief executive grants a permanent waiver to an FMA participant under this regulation and does not require the FMA participant to provide estimated or actual FMA information for a permanent sample plot under subclause (4),—

• (a) the FMA participant is not required to comply with these regulations in respect of the submission of FMA information from the allocated plot; and

• (b) these regulations apply with any necessary modifications as if the FMA participant had not been allocated a sample plot in that location.

(1) An FMA participant may apply to the chief executive for a waiver of—

• (a) any requirement under regulation 22G(5) or 22J(7) to use participant-specific tables generated from FMA information that includes information from additional permanent sample plots required to be established under regulation 22G or from new plots to be allocated or added under regulation 22J, when calculating carbon stock under regulation 21, on the basis that—

  • (i) insufficient time exists before an emissions return is required to be submitted under the Act to establish the plots, or collect the required FMA information from the plots and provide it to the chief executive to enable the required participant-specific tables to be produced; or

  • (ii) owing to circumstances beyond the FMA participant’s control, the FMA participant is unable to establish the plots, or collect the required FMA information from the plots and provide it to the chief executive to enable the required participant-specific tables to be produced; or

• (b) the requirement for the FMA participant to use any particular participant-specific tables when calculating carbon stock under regulation 21, on the basis that owing to circumstances beyond the FMA participant’s control, the FMA participant is unable to establish permanent sample plots, or collect the required FMA information and provide it to the chief executive to enable participant-specific tables to be produced, before an emissions return is required to be submitted under the Act.

(2) If the chief executive grants a waiver under—

• (a) subclause (1)(a), the FMA participant must,—

  • (i) if the FMA participant’s registered post-1989 forest land has reduced,—

    • (A) submit FMA information for the permanent sample plots already established on the FMA participant's remaining registered post-1989 forest land (that includes updated silvicultural or adverse event information) to the chief executive under regulation 22B(1)(d), together with the declaration required by that regulation; and

    • (B) use the participant-specific tables produced by the chief executive based on the information referred to in subsubparagraph (A) for the purposes of calculating carbon stock for the emissions return; or

  • (ii) if the FMA participant’s registered post-1989 forest land has increased, subject to regulation 22E(4), use the tables that would be required to be used under regulation 22J(8) to calculate carbon stock for the purposes of the emissions return; or

• (b) subclause (1)(b), the FMA participant must,—

  • (i) subject to regulation 22E(4), use the most recent participant-specific tables that apply to the FMA participant's registered post-1989 forest land to determine carbon stock under regulation 21; or

  • (ii) in the absence of an applicable participant-specific table, use the tables that a non-FMA participant would be required to use under regulation 21 to calculate carbon stock.

(3) An application for a waiver under—

• (a) subclause (1)(a) must—

  • (i) be made—

    • (A) at the same time as any application or notification that relates to an addition to or a removal from the FMA participant’s registered post-1989 forest land; or

    • (B) if the FMA participant is unable to meet the requirement of subsubparagraph (A), as soon as practicable after the circumstances requiring the waiver become apparent, but before the date by which the relevant emissions return is required to be submitted; and

  • (ii) describe the actions that the FMA participant has taken to attempt to comply with the requirements in the regulations and state the reasons why the FMA participant has been unable to comply; and

  • (iii) be accompanied by evidence that corroborates the information provided under subparagraph (ii):

• (b) subclause (1)(b) must—

  • (i) be made as soon as practicable after the circumstances requiring the waiver become apparent, but before the date by which the relevant emissions return is required to be submitted; and

  • (ii) describe the actions that the FMA participant has taken to attempt to comply with the requirements in the regulations and state the reasons why the FMA participant has been unable to comply; and

  • (iii) be accompanied by evidence that corroborates the information provided under subparagraph (ii).

(1) An FMA participant is liable to pay for any actual and reasonable costs incurred by the chief executive in making an assessment under section 121 of the Act in respect of any matters required to be in the FMA participant’s emissions return, including (but not limited to) the costs associated with—

• (a) establishing permanent sample plots at locations specified by the chief executive:

• (b) collecting the FMA information required for each permanent sample plot:

• (c) obtaining forest sub-area information:

• (d) using participant-specific tables produced by the chief executive in reliance on the information collected to determine the emissions or removals from the FMA participant’s carbon accounting areas.

(2) An FMA participant is liable to pay for—

• (a) any services carried out by the chief executive:

• (b) the actual and reasonable costs of services carried out by third parties on behalf of the chief executive for the purposes of making the assessment (including any time spent travelling to carry out field-based services) plus the disbursements of the third parties at actual cost.

(3) An FMA participant is liable to pay for any services carried out by the chief executive for the purposes of making the assessment (including any time spent travelling to carry out field-based services) at the rate of $132.88 per hour plus disbursements at actual cost.

(4) Any costs payable under subclause (1), (2), or (3) must be paid to the chief executive upon an invoice issued by or on behalf of the chief executive and within the time specified in the invoice.

(5) Despite subclause (4), the chief executive may approve other arrangements for the payment of costs payable under subclause (1), (2), or (3).

(6) The rate specified in subclause (3) is inclusive of goods and services tax under the Goods and Services Tax Act 1985.

To avoid doubt, any application, request, or notice under regulations 22A to 22M must be submitted, made, or given in the manner and be in the form and format, if any, prescribed by the chief executive under section 90 of the Act.

Despite anything in regulations 22A to 22N, an FMA participant may not submit any FMA information to the chief executive before 1 September 2012 without the consent of the chief executive.

For the purposes of section 184(9)(b) of the Act, the trees listed in Schedule 7 are tree weeds.

An application under section 184(3) of the Act for a declaration that pre-1990 forest land specified in the application is exempt land must be accompanied by the following information, in addition to the information required by section 184(4) of the Act:

• (a) the name and contact details of the applicant; and

• (b) documentation to establish the legal interest of the applicant in the pre-1990 forest land, including,—

  • (i) if the applicant is the landowner,—

    • (A) a copy of the computer freehold register for the pre-1990 forest land; or

    • (B) if there is no computer freehold register for the pre-1990 forest land, documentation that gives evidence of the applicant's interest in that land, such as the relevant Maori Land Court records; or

  • (ii) if the applicant is a third party for the purpose of section 180 of the Act, further documentation to verify the applicant's status as an eligible third party; and

• (c) the name and contact details of a person who is able to grant access to the pre-1990 forest land for the purpose of determining any matter relevant to the application; and

• (d) a declaration that, in relation to the pre-1990 forest land, the applicant—

  • (i) has not applied for, or been granted, an allocation of units under section 77 of the Act; and

  • (ii) has not applied for, or been granted, a declaration that the pre-1990 forest land is exempt land under section 183 of the Act; and

• (e) a declaration that all the information provided with the application is true and accurate to the best of the applicant's knowledge and belief.

(1) An application made under section 184(3) of the Act must, in relation to the pre-1990 forest land specified in the application, include the following information:

• (a) the tree weed species to which the application relates; and

• (b) the legal description of the pre-1990 forest land where the applicant proposes to undertake deforestation of tree weeds; and

• (c) the total area in hectares of the pre-1990 forest land for which the applicant seeks a declaration that the land is exempt land; and

• (d) the geospatial mapping information about the pre-1990 forest land; and

• (e) any relevant characteristics in relation to the risk of seed dispersal, including (but not limited to)—

  • (i) the topography and slope of the pre-1990 forest land:

  • (ii) the direction of the prevailing wind and the exposure of the pre-1990 forest land to wind:

  • (iii) the use of any other land within 2 kilometres of the boundary of the pre-1990 forest land specified in the application.

(2) An applicant may include any other relevant information that the applicant considers ought to be taken into account in determining the application.

(1) This regulation applies if any part of the pre-1990 forest land specified in the application is within an area for which there is—

• (a) a pest management strategy, as defined in section 2(1) of the Biosecurity Act 1993; or

• (b) a plan, policy, standard, or other document relating to the management of tree weeds prepared under any other enactment.

(2) The application must include the name of the strategy, plan, policy, standard, or other document referred to in subclause (1).

(1) This regulation applies if an applicant knows that any part of the pre-1990 forest land specified in the application—

• (a) is within a protected area; or

• (b) is within 2 kilometres of a protected area.

(2) The application must include the name of the protected area and the statutory basis for its protection.

(3) In this section, protected area means an area where the natural, cultural, or historic values of the area are protected under an enactment.

If a notice of any kind has been issued, or any other action taken, under any enactment against the applicant or any other person to require clearance of tree weeds on the pre-1990 forest land specified in the application, a copy of the notice or other documentation must be included with the application.