Climate Change (Forestry Sector) Regulations 2008

Reprint as at 1 January 2016

Coat of Arms of New Zealand

Climate Change (Forestry Sector) Regulations 2008

(SR 2008/355)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 29th day of September 2008

Present:
His Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry for Primary Industries.

Pursuant to sections 163, 167, and 168 of the Climate Change Response Act 2002, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Contents

1Title
2Commencement
3Application
4Interpretation
5Rounding rules
6Mapping information
7EPA may issue guidelines or standards
8Fees and charges
8AWaivers and refunds for fees and charges
9Hourly rate costs
10Notification of status of forest land
11Registrar to record notices in relation to status of forest land
12Cancellation of notices
13Applications for exemptions for pre-1990 forest land under section 183
14Collection of information by pre-1990 forest land participants
15Method of calculating emissions for deforestation of pre-1990 forest land
15AOffsetting forest land applications
15BUsual rotation periods for forest species
16Rules for application of tables in Schedule 4
17Emissions returns in relation to deforestation of pre-1990 forest land
18Mapping information for post-1989 forest land
19Collection of information by post-1989 forest land participants
20Calculation of carbon stock changes by post-1989 forest land participants
20ACalculation of carbon stock changes when new carbon accounting area is constituted from post-1989 forest land from another carbon accounting area
21Calculation of carbon stock
22Rules for application of tables in Schedule 6 or participant-specific tables
22AAssignment of forest class
22BField measurement-based assessment process
22CAllocation of permanent sample plots
22DProduction of participant-specific tables
22EUse of participant-specific tables
22FApplication for allocation of new permanent sample plots
22GRules to apply if FMA participant’s registered post-1989 forest land is reduced but remains 100 or more hectares
22HRules to apply if FMA participant’s registered post-1989 forest land is reduced below 100 hectares
22IReconfiguration of registered post-1989 forest land
22JRules to apply if FMA participant’s registered post-1989 forest land is 100 hectares or more and is increased
22KPermanent waivers in relation to requirement to establish permanent sample plots
22LWaivers in relation to use of participant-specific tables
22MCost recovery for assessment under section 121 of Act
22NForm of certain documents
22OTransitional provision
23Designation of certain trees as tree weeds
24Applications for declarations of exempt land
25Further information required in relation to application
26Information required in relation to land under statutory protection or control
27Information required in relation to land within or near legally protected area
28Other documentation to be included with application
Gazette Information
Reprint notes

Regulations

1 Title

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

2 Commencement

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

3 Application

These regulations apply on and after 1 January 2008.

General provisions

4 Interpretation

(1)

In these regulations, unless the context otherwise requires,—

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 EPA 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; and

(c)

in relation to offsetting forest land and pre-1990 offsetting forest land, means any area of 1 or more hectares—

(i)

that has the same forest type; and

(ii)

that, if the forest type is Pinus radiata, is in one region; and

(iii)

where the trees of the forest type are of the same age

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) participant-specific table: amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321).

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) sub-area paragraph (b)(iv)(D): amended, on 1 January 2013, by regulation 4(1) of the Climate Change (Forestry Sector) Amendment Regulations (No 2) 2012 (SR 2012/398).

Regulation 4(1) sub-area paragraph (c): inserted, on 1 January 2013, by regulation 4(2) of the Climate Change (Forestry Sector) Amendment Regulations (No 2) 2012 (SR 2012/398).

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).

5 Rounding rules

(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.

Regulation 5: substituted, on 1 October 2010, by regulation 5 of the Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183).

6 Mapping information

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 include the spatial extent of the area of land determined in accordance with the method and format specified by the EPA under regulation 7 and must be provided in the format prescribed by the EPA under section 90 of the Act.

Regulation 6: amended, on 1 January 2013, by regulation 5 of the Climate Change (Forestry Sector) Amendment Regulations (No 2) 2012 (SR 2012/398).

Regulation 6: amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14).

7 EPA may issue guidelines or standards

(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.

(1A)

The EPA may, by notice in the Gazette, issue guidelines or standards that specify the method and format to be used for the purposes of determining, under regulation 6, the spatial extent of an area of forest land.

(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.

Regulation 7 heading: amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14).

Regulation 7(1): amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14).

Regulation 7(1): amended, on 1 September 2011, by regulation 5 of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138).

Regulation 7(1A): inserted, on 1 January 2013, by regulation 6 of the Climate Change (Forestry Sector) Amendment Regulations (No 2) 2012 (SR 2012/398).

Regulation 7(2): amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14).

8 Fees and charges

(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.

Regulation 8(1): amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14).

Regulation 8(3): amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14).

Regulation 8(3)(a): substituted, on 19 June 2011, by regulation 6 of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138).

Regulation 8(3)(a): amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14).

Regulation 8(3)(b): amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14).

Regulation 8(4): amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14).

8A Waivers and refunds for fees and charges

(1)

The EPA may, in whole or in part, waive or refund the payment of any fee or charge payable under these regulations if the EPA 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 EPA’s decision must—

(a)

be in writing; and

(b)

specify the reason for the waiver or refund.

Regulation 8A: inserted, on 19 June 2011, by regulation 7 of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138).

Regulation 8A(1): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321).

Regulation 8A(2): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321).

9 Hourly rate costs

(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.

10 Notification of status of forest land

(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; or

(d)

notes on a register under section 186D(3) of the Act that the offsetting forest land is pre-1990 offsetting forest land.

(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

(iv)

pre-1990 offsetting forest land; 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

(iv)

pre-1990 offsetting forest land; 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; or

(iv)

pre-1990 offsetting forest land.

(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, pre-1990 offsetting forest land, 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; or

(iv)

pre-1990 offsetting forest land.

Regulation 10(1): amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14).

Regulation 10(1)(c): amended, on 1 January 2013, by regulation 7(1) of the Climate Change (Forestry Sector) Amendment Regulations (No 2) 2012 (SR 2012/398).

Regulation 10(1)(d): inserted, on 1 January 2013, by regulation 7(2) of the Climate Change (Forestry Sector) Amendment Regulations (No 2) 2012 (SR 2012/398).

Regulation 10(2): amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14).

Regulation 10(2)(a)(iv): inserted, on 1 January 2013, by regulation 7(3) of the Climate Change (Forestry Sector) Amendment Regulations (No 2) 2012 (SR 2012/398).

Regulation 10(2)(b)(iv): inserted, on 1 January 2013, by regulation 7(4) of the Climate Change (Forestry Sector) Amendment Regulations (No 2) 2012 (SR 2012/398).

Regulation 10(2)(c)(iii): amended, on 1 January 2013, by regulation 7(5) of the Climate Change (Forestry Sector) Amendment Regulations (No 2) 2012 (SR 2012/398).

Regulation 10(2)(c)(iv): inserted, on 1 January 2013, by regulation 7(6) of the Climate Change (Forestry Sector) Amendment Regulations (No 2) 2012 (SR 2012/398).

Regulation 10(3)(b): amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14).

Regulation 10(3)(c): amended, on 1 January 2013, by regulation 7(7) of the Climate Change (Forestry Sector) Amendment Regulations (No 2) 2012 (SR 2012/398).

Regulation 10(3)(c)(iii): amended, on 1 January 2013, by regulation 7(8) of the Climate Change (Forestry Sector) Amendment Regulations (No 2) 2012 (SR 2012/398).

Regulation 10(3)(c)(iv): inserted, on 1 January 2013, by regulation 7(9) of the Climate Change (Forestry Sector) Amendment Regulations (No 2) 2012 (SR 2012/398).

11 Registrar to record notices in relation to status of forest land

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.

12 Cancellation of notices

(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.

Regulation 12(1)(a): amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14).

Regulation 12(1)(b): amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14).

Regulation 12(2): amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14).

Regulation 12(3): amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14).

Regulation 12(4): amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14).

13 Applications for exemptions for pre-1990 forest land under section 183

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.

Pre-1990 forest land participants

14 Collection of information by pre-1990 forest land participants

(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 of the Act, 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) of the Act, 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.

Regulation 14(3)(a): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321).

Regulation 14(3)(b): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321).

15 Method of calculating emissions for deforestation of pre-1990 forest 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:

A × C = E

where—

A

is the area, in hectares, of land in the sub-area

C

is the figure for carbon stock per hectare from table 1 or 2 in Schedule 4 that reflects—

(a)

the forest type cleared from the sub-area; and

(b)

the age of the trees cleared; and

(c)

if the forest type is Pinus radiata, the region in which the sub-area is located

E

is the emissions in tonnes of carbon dioxide from the deforestation of the sub-area.

(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).

15A Offsetting forest land applications

(1)

A person applying to the EPA for offsetting under section 186A of the Act must calculate carbon equivalence in accordance with regulations 14, 15, and 16 and this regulation.

(2)

Regulations 14, 15, and 16 apply in relation to the calculation of the carbon stock for each sub-area of a forest type intended to be deforested and offset with offsetting forest land as if the applicant had already deforested and was a pre-1990 forest land participant.

(3)

The applicant must collect and provide information as to the proposed area in hectares, region (where relevant), and forest type for each sub-area that will be planted as part of the offsetting forest land.

(4)

The carbon stock of a sub-area that is intended to be deforested must be calculated by using the relevant table in Schedule 4.

(5)

The applicant must calculate the corresponding area of offsetting forest land required so that sub-areas and carbon stock of the offsetting forest land is equal to or greater than the total area and total carbon stock of the pre-1990 forest land that is intended to be deforested.

(6)

The following formula must be used to calculate the carbon stock of a sub-area of offsetting forest land:

A × C = T

where—

A

is the area, in hectares, of land in the sub-area

C

is the figure for carbon stock per hectare from table 1 or 2 in Schedule 6 that reflects—

(a)

the forest type of the sub-area; and

(b)

if the forest type is Pinus radiata, the region in which the sub-area is located; and

(c)

the age of the trees equal to the usual rotation period of the forest type of the pre-1990 forest land that is intended to be deforested

T

is the forest carbon stock of the sub-area in tonnes of carbon dioxide.

Example

A pre-1990 forest land owner with 100 hectares of 30-year-old radiata pine in Auckland decides to deforest that land and plant a radiata pine forest in Hawke’s Bay as offsetting forest land.

Step 1

Calculate the emissions from clearing the 30-year-old radiata pine in Auckland using table 1 of Schedule 4: 860 tonnes CO2/hectare × 100 hectares = 86 000 tonnes. Step 1 is for calculating what the emissions would be if the pre-1990 forest land in Auckland had been deforested. At step 1, deforestation has not yet occurred.

Step 2

Obtain the usual rotation period for radiata pine from regulation 15B: 28 years.

Step 3

Calculate the area of offsetting forest land required to meet carbon equivalency by dividing the estimated emissions from the pre-1990 forest land that will be deforested by the amount of carbon stock listed in table 1 of Schedule 6 that a radiata pine forest in Hawke’s Bay would store in the usual rotation period (28 years) of the deforested Auckland forest: 86 000/797 = 107.9 hectares.

This means that 107.9 hectares of radiata pine forest in Hawke’s Bay is needed to meet carbon equivalency.

Step 4

Ensure that the offsetting forest land is at least equivalent in size to the area of pre-1990 forest land that is to be deforested. In this example, the area equivalency of 100 hectares is met.

Regulation 15A: inserted, on 1 January 2013, by regulation 8 of the Climate Change (Forestry Sector) Amendment Regulations (No 2) 2012 (SR 2012/398).

15B Usual rotation periods for forest species

The usual rotation periods for the purposes of section 186F(a) of the Act are as specified in the following table:

Forest speciesDescriptionUsual rotation period (years)
Radiata pineWhere the predominant forest species is radiata pine28
Douglas firWhere the predominant forest species is Douglas fir40
Exotic softwoodsWhere the predominant forest species is an exotic softwood45
Exotic hardwoodsWhere the predominant forest species is an exotic hardwood grown on a short rotation for the purpose of producing pulp logs15
Exotic hardwoodsWhere the predominant forest species is an exotic hardwood grown primarily for the purpose of producing saw logs30

Regulation 15B: inserted, on 1 January 2013, by regulation 8 of the Climate Change (Forestry Sector) Amendment Regulations (No 2) 2012 (SR 2012/398).

16 Rules for application of tables in Schedule 4

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 following the change in land management that initiated the conversion of the hectare to forest land from land that was not forest land:

(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).

Regulation 16(c)(v): added, on 19 June 2011, by regulation 8(1) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138).

Regulation 16(d): revoked, on 1 October 2010, by regulation 6(1) of the Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183).

Regulation 16(f): substituted, on 1 October 2010, by regulation 6(2) of the Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183).

Regulation 16(fa): inserted, on 19 June 2011, by regulation 8(2) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138).

Regulation 16(fa): amended, on 1 January 2013, by regulation 9 of the Climate Change (Forestry Sector) Amendment Regulations (No 2) 2012 (SR 2012/398).

Regulation 16(g): amended, on 19 June 2011, by regulation 8(3) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138).

Regulation 16(h): added, on 1 October 2010, by regulation 6(3) of the Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183).

Regulation 16(h)(ii): substituted, on 19 June 2011, by regulation 8(4) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138).

17 Emissions returns in relation to deforestation of pre-1990 forest land

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.

Post-1989 forest land participants

18 Mapping information for post-1989 forest land

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.

Regulation 18: amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14).

19 Collection of information by post-1989 forest land participants

(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).

20 Calculation of carbon stock changes by post-1989 forest land participants

(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:

CSchange = ∑(CSclosing) − ∑(CSopening)

where—

CSchange

is the carbon stock change for the carbon accounting area in the emissions return period

CSclosing

is the carbon stock of each sub-area within the carbon accounting area at the end of the emissions return period, calculated in accordance with regulation 21

CSopening

is, subject to regulation 20A, the carbon stock of each sub-area within the carbon accounting area at the beginning of the emissions return period, calculated in accordance with regulation 21.

(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.

Regulation 20: substituted, on 8 December 2009, by section 88(2) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

20A Calculation of carbon stock changes when new carbon accounting area is constituted from post-1989 forest land from another carbon accounting area

(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, CSopening is the figure determined using the following formula:

CSopening = ∑(CSpclosing)

where—

CSopening

is the carbon stock for CAA2 at the beginning of the emissions return period

CSpclosing

is the carbon stock at the beginning of the emissions return period for each part of CAA2 formed from another carbon accounting area, as calculated under subclause (3).

(3)

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

CSpclosing = CSCAA1/HCAA1 × HpCAA1

where—

CSpclosing

is the carbon stock at the beginning of the emissions return period for the part of CAA2 that has been formed from CAA1

CSCAA1

is the total carbon stock for CAA1 at the end of the period covered by the return submitted under section 191 or 193 of the Act for CAA1 (as calculated under regulation 21)

HCAA1

is the number of hectares in CAA1 (immediately before constitution of CAA2)

HpCAA1

is the number of hectares of the part of CAA1 that forms part of CAA2.

(4)

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

Regulation 20A: inserted, on 8 December 2009, by section 88(2) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

21 Calculation of carbon stock

(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):

A × C = T1

where—

A

is the area, in hectares, of land in the sub-area

C

is the figure for carbon stock per hectare from table 1 or 2 in Schedule 6 for non-FMA participants, or the table required under regulation 22E for FMA participants, that reflects—

(a)

the forest type of the sub-area; and

(b)

the age of the trees; and

(c)

if the forest type is Pinus radiata and a table in Schedule 6 is being used, the region in which the sub-area is located

T1

is the forest carbon stock of the sub-area, other than from any above ground residual wood and below ground roots from previously cleared trees, in tonnes of carbon dioxide.

(3)

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

A × C × Y/10 = T2

where—

A

is the area, in hectares, of land in the sub-area

C

is the figure for carbon stock per hectare in the above ground residual wood and below ground roots from cleared trees from table 3 or 4 in Schedule 6 for non-FMA participants, or the table required under regulation 22E for FMA participants, that reflects—

(a)

the forest type of the residual wood decaying on the sub-area; and

(b)

the age of the trees when cleared; and

(c)

where the forest type cleared was Pinus radiata and a table in Schedule 6 is being used, the region in which the sub-area is located

Y

is 10 minus the number of years up to 10 since the trees were cleared (including the year in which the trees were cleared)

T2

is the carbon stock of the sub-area from above ground residual wood and below ground roots from any cleared trees, in tonnes of carbon dioxide.

(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.

Regulation 21(1)(a): substituted, on 1 September 2011, by regulation 9(1) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138).

Regulation 21(2) formula item C: amended, on 1 September 2011, by regulation 9(2) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138).

Regulation 21(2) formula item C paragraph (c): amended, on 1 September 2011, by regulation 9(3) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138).

Regulation 21(2) formula item T1: amended, on 1 September 2011, by regulation 9(4) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138).

Regulation 21(3) formula item C: amended, on 1 September 2011, by regulation 9(5) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138).

Regulation 21(3) formula item C paragraph (c): amended, on 1 September 2011, by regulation 9(6) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138).

Regulation 21(3) formula item Y: amended, on 1 October 2010, by regulation 7 of the Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183).

Regulation 21(4) : amended, on 1 September 2011, by regulation 9(7) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138).

22 Rules for application of tables in Schedule 6 or participant-specific tables

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 following the change in land management that initiated the conversion of the hectare to forest land from land that was not forest land:

(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(fa): amended, on 1 January 2013, by regulation 10 of the Climate Change (Forestry Sector) Amendment Regulations (No 2) 2012 (SR 2012/398).

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).

FMA participants

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

22A Assignment of forest class

(1)

An FMA participant may, by giving notice to the EPA, 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 EPA 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.

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

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

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

22B Field measurement-based assessment process

(1)

An FMA participant must, in accordance with any relevant standard issued by the EPA,—

(a)

apply to the EPA 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 EPA 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 EPA 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.

(1A)

For the first mandatory emissions return period (1 January 2008 to 31 December 2012), an FMA participant may collect the information specified in subclause (1)(c)(i) and (ii) up until the close of 31 March 2013 if,—

(a)

before 31 December 2012, the participant commenced collecting the information or entered into a contract with a forestry inventory specialist to collect the information; and

(b)

the participant provides a statutory declaration stating which of those steps the participant had taken.

(2)

Subject to any waiver granted under regulation 22K, an FMA participant who submits FMA information to the EPA 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 EPA, FMA information submitted under subclause (1)(d) may be information that has already been provided to the EPA.

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

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

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

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

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

Regulation 22B(1A): inserted, on 1 January 2013, by regulation 11 of the Climate Change (Forestry Sector) Amendment Regulations (No 2) 2012 (SR 2012/398).

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

Regulation 22B(3): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321).

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).

22D Production of participant-specific tables

(1)

The EPA 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 EPA 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 EPA 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 EPA; and

(b)

are not invalid by virtue of being produced automatically.

(4)

The EPA 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 EPA 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.

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

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

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

Regulation 22D(3)(a): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321).

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

Regulation 22D(5): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321).

22E Use of participant-specific tables

(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 6 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 EPA, 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 EPA, 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 6 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 EPA under regulation 22B(1)(d), together with the declaration required by that regulation; and

(c)

must request the EPA 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 EPA 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

(7)

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

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

Regulation 22E(1)(a): amended, on 1 January 2013, by regulation 12(1) of the Climate Change (Forestry Sector) Amendment Regulations (No 2) 2012 (SR 2012/398).

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

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

Regulation 22E(2)(c): amended, on 1 January 2013, by regulation 12(2) of the Climate Change (Forestry Sector) Amendment Regulations (No 2) 2012 (SR 2012/398).

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

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

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

22F Application for allocation of new permanent sample plots

(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 EPA, 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 EPA; 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 EPA based on FMA information collected from the plots allocated to the land.

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

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

Regulation 22F(3)(a): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321).

Regulation 22F(3)(b): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321).

22G Rules to apply if FMA participant’s registered post-1989 forest land is reduced but remains 100 or more hectares

(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 EPA 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 EPA.

(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 EPA to determine the minimum required number of plots; and

(b)

the EPA 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 EPA 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 EPA.

(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 EPA 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 EPA 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.

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

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

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

Regulation 22G(3)(a): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321).

Regulation 22G(3)(b): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321).

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

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

Regulation 22G(5): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321).

Regulation 22G(6)(a): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321).

22H Rules to apply if FMA participant’s registered post-1989 forest land is reduced below 100 hectares

(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 EPA 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 EPA 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 EPA 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 EPA under regulation 22B(1)(d), together with the declaration required by that regulation; and

(ii)

use the participant-specific tables produced by the EPA 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 EPA 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 EPA; and

(d)

must, if required by regulation 22E to use participant-specific tables, use participant-specific tables produced by the EPA 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.

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

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

Regulation 22H(3): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321).

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

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

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

Regulation 22H(8)(a): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321).

Regulation 22H(8)(c): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321).

Regulation 22H(8)(d): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321).

22I Reconfiguration of registered post-1989 forest 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.

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

22J Rules to apply if FMA participant’s registered post-1989 forest land is 100 hectares or more and is increased

(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 EPA 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 EPA 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 EPA 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 (DEXIST); 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 (NNEW-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 (NNEW-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 (DNEW-ADDED); and

(c)

if DNEW-ADDED is greater than DEXIST, determine the number of new plots that would be allocated to the added land if DNEW-ADDED were equal to DEXIST; 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 NNEW-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 NNEW-PRIOR.

(5)

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 (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 EPA 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.

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

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

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

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

Regulation 22J(5): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321).

Regulation 22J(7): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321).

22K Permanent waivers in relation to requirement to establish permanent sample plots

(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 EPA is, or has become, impractical or dangerous, the FMA participant may submit an application to the EPA 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 EPA 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 EPA may grant a permanent waiver under this regulation if the EPA 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 EPA, and in accordance with any conditions prescribed by the EPA,—

(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 EPA 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 EPA 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.

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

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

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

Regulation 22K(3): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321).

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

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

Regulation 22K(5): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321).

22L Waivers in relation to use of participant-specific tables

(1)

An FMA participant may apply to the EPA 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 EPA 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 EPA 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 EPA to enable participant-specific tables to be produced, before an emissions return is required to be submitted under the Act.

(2)

If the EPA 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 EPA under regulation 22B(1)(d), together with the declaration required by that regulation; and

(B)

use the participant-specific tables produced by the EPA 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).

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

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

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

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

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

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

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

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

22M Cost recovery for assessment under section 121 of Act

(1)

An FMA participant is liable to pay for any actual and reasonable costs incurred by the EPA 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 EPA:

(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 EPA 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 EPA:

(b)

the actual and reasonable costs of services carried out by third parties on behalf of the EPA 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 EPA 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 EPA upon an invoice issued by or on behalf of the EPA and within the time specified in the invoice.

(5)

Despite subclause (4), the EPA 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.

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

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

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

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

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

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

Regulation 22M(3): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321).

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

Regulation 22M(5): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321).

22N Form of certain documents

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 EPA under section 90 of the Act.

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

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

22O Transitional provision

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

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

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

Tree weed exemptions

Heading: added, on 2 July 2010, by regulation 9 of the Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183).

23 Designation of certain trees as tree weeds

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

Regulation 23: added, on 2 July 2010, by regulation 9 of the Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183).

24 Applications for declarations of exempt land

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.

Regulation 24: added, on 2 July 2010, by regulation 9 of the Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183).

25 Further information required in relation to application

(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.

Regulation 25: added, on 2 July 2010, by regulation 9 of the Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183).

26 Information required in relation to land under statutory protection or control

(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 plan, 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 plan, policy, standard, or other document referred to in subclause (1).

Regulation 26: added, on 2 July 2010, by regulation 9 of the Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183).

Regulation 26(1)(a): amended, on 18 September 2012, by section 93 of the Biosecurity Law Reform Act 2012 (2012 No 73).

Regulation 26(2): amended, on 18 September 2012, by section 93 of the Biosecurity Law Reform Act 2012 (2012 No 73).

27 Information required in relation to land within or near legally protected area

(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.

Regulation 27: added, on 2 July 2010, by regulation 9 of the Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183).

28 Other documentation to be included with application

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.

Regulation 28: added, on 2 July 2010, by regulation 9 of the Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183).

Schedule 1 Regions

r 4

Auckland means the region encompassing—

(a)

the areas of land constituted by the Local Government (Auckland Region) Reorganisation Order 1989, Gazette 1989, p 2247 (as in force immediately before 1 January 1990) as—

(i)

Auckland City; and

(ii)

Franklin District; and

(iii)

North Shore City; and

(iv)

Manukau City; and

(v)

Papakura District; and

(vi)

Rodney District; and

(vii)

Waitakare City; and

(b)

the areas of land constituted by the Local Government (Northland Region) Reorganisation Order 1989, Gazette 1989, p 2391 (as in force immediately before 1 January 1990) as—

(i)

Far North District; and

(ii)

Kaipara District; and

(iii)

Whangarei District; and

(c)

the areas of land constituted by the Local Government (Waikato Region) Reorganisation Order 1989, Gazette 1989, p 2460 (as in force immediately before 1 January 1990) as—

(i)

Hauraki District; and

(ii)

Thames–Coromandel District

Bay of Plenty means the region encompassing the areas of land constituted by the Local Government (Bay of Plenty Region) Reorganisation Order 1989, Gazette 1989, p 2275 (as in force immediately before 1 January 1990) as—

(a)

Kawerau District; and

(b)

Opotiki District; and

(c)

Rotorua District; and

(d)

Tauranga District; and

(e)

Western Bay of Plenty District; and

(f)

Whakatane District

Canterbury/West Coast means the region encompassing—

(a)

the areas of land constituted by the Local Government (Canterbury Region) Reorganisation Order 1989, Gazette 1989, p 2296 (as in force immediately before 1 January 1990) as—

(i)

Ashburton District; and

(ii)

Banks Peninsula District; and

(iii)

Christchurch City; and

(iv)

Hurunui District; and

(v)

Mackenzie District; and

(vi)

Selwyn District; and

(vii)

Timaru District; and

(viii)

Waimakariri District; and

(ix)

Waimate District; and

(b)

the areas of land constituted by the Local Government (West Coast Region) Reorganisation Order 1989, Gazette 1989, p 2517 (as in force immediately before 1 January 1990) as—

(i)

Buller District; and

(ii)

Grey District; and

(iii)

Westland District; and

(c)

the area of land constituted by the Local Government (Nelson–Marlborough Region) Reorganisation Order 1989, Gazette 1989, p 2375 (as in force immediately before 1 January 1990) as Kaikoura District; and

(d)

the area of land comprising the Chatham Islands Territory, as defined by section 5 of the Chatham Islands Council Act 1995 (as in force immediately before 1 January 1996)

Gisborne means the area of land constituted by the Local Government (Gisborne Region) Reorganisation Order 1989, Gazette 1989, p 2328 (as in force immediately before 1 January 1990) as Gisborne District

Hawke’s Bay/Southern North Island means the region encompassing—

(a)

the areas of land constituted by the Local Government (Hawke’s Bay Region) Reorganisation Order 1989, Gazette 1989, p 2334 (as in force immediately before 1 January 1990) as—

(i)

Central Hawke’s Bay District; and

(ii)

Hastings District; and

(iii)

Napier City; and

(iv)

Wairoa District; and

(b)

the areas of land constituted by the Local Government (Manawatu–Wanganui Region) Reorganisation Order 1989, Gazette 1989, p 2351 (as in force immediately before 1 January 1990) as—

(i)

Horowhenua District; and

(ii)

Manawatu District; and

(iii)

Palmerston North City; and

(iv)

Rangitikei District; and

(v)

Ruapehu District; and

(vi)

Tararua District; and

(vii)

Wanganui District; and

(c)

the areas of land constituted by the Local Government (Taranaki Region) Reorganisation Order 1989, Gazette 1989, p 2445 (as in force immediately before 1 January 1990) as—

(i)

New Plymouth District; and

(ii)

South Taranaki District; and

(iii)

Stratford District; and

(d)

the areas of land constituted by the Local Government (Wellington Region) Reorganisation Order 1989, Gazette 1989, p 2491 (as in force immediately before 1 January 1990) as—

(i)

Carterton District; and

(ii)

Kapiti Coast District; and

(iii)

Lower Hutt City; and

(iv)

Masterton District; and

(v)

Porirua City; and

(vi)

South Wairarapa District; and

(vii)

Upper Hutt City; and

(viii)

Wellington City

Nelson/Marlborough means the region encompassing the areas of land constituted by the Local Government (Nelson–Marlborough Region) Reorganisation Order 1989, Gazette 1989, p 2375 (as in force immediately before 1 January 1990) as—

(a)

Marlborough District; and

(b)

Nelson City; and

(c)

Tasman District

Otago means the region encompassing the areas of land constituted by the Local Government (Otago Region) Reorganisation Order 1989, Gazette 1989, p 2408 (as in force immediately before 1 January 1990) as—

(a)

Central Otago District; and

(b)

Clutha District; and

(c)

Dunedin City; and

(d)

Queenstown–Lakes District; and

(e)

Waitaki District

Southland means the region encompassing the areas of land constituted by the Local Government (Southland Region) Reorganisation Order 1989, Gazette 1989, p 2430 (as in force immediately before 1 January 1990) as—

(a)

Gore District; and

(b)

Invercargill District; and

(c)

Southland District

Waikato/Taupo means the region encompassing the areas of land constituted by the Local Government (Waikato Region) Reorganisation Order 1989, Gazette 1989, p 2460 (as in force immediately before 1 January 1990) as—

(a)

Hamilton City; and

(b)

Matamata–Piako District; and

(c)

Otorohanga District; and

(d)

South Waikato District; and

(e)

Taupo District; and

(f)

Waikato District; and

(g)

Waipa District; and

(h)

Waitomo District.

Schedule 2 Fees and charges payable for applications and other matters relating to post-1989 forest land

r 8

Schedule 2: substituted, on 19 June 2011, by regulation 12 of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138).

Matter for which fee or charge is payableFee or charge payableFee or charge payable by
1

Except where item 7 applies, application for registration as participant in respect of activity listed in Part 1 of Schedule 4 of Act

$562.22 plus $132.88 per hour in excess of 4.25 hours for checking and processing applicationApplicant
2

Except where item 7 applies, submitting emissions return under section 189, 191, or 193 of Act

$102.22 plus $132.88 per hour in excess of 45 minutes for processing emissions returnParticipant
3

Travel for purpose of checking that land is post-1989 forest land

$132.88 per hour plus disbursements at actual costApplicant or participant
4

Except where item 7 applies, an application to add 1 or more carbon accounting areas

$102.22 plus $132.88 per hour in excess of 45 minutes for processing applicationParticipant
5

Application to remove 1 or more carbon accounting areas

No charge
6

Notification of transmission of interest

$102.22 plus $132.88 per hour in excess of 45 minutes for processing notification Transferor
7

Application to be removed from the register as participant in respect of all carbon accounting areas for which participant is recorded as participant for activity in Part 1 of Schedule 4 of Act, combined with—

(a)

submission of emissions return under section 191 of Act for those carbon accounting areas:

(b)

application to be registered as participant in relation to all the post-1989 forest land covered by return referred to in paragraph (a):

(c)

submission of emissions return under section 189(4A) of Act for all land referred to in paragraph (b)

$562.22 plus $132.88 per hour in excess of 4.25 hours for processing applications and emissions returnsParticipant

Schedule 3 Forms

rr 10(3)(a), 12(4)

Form 1 Notice of status of forest land

r 10(3)(a)

Section 195, Climate Change Response Act 2002

To the Registrar of the Maori Land Court at [specify location of court]/Registrar-General of Land/Registrar of Deeds*

The following land/Part of the following land* is—

  • †pre-1990 forest land under the Climate Change Response Act 2002

  • †post-1989 forest land that forms part of a carbon accounting area in respect of which a person is a participant under the Climate Change Response Act 2002

  • †pre-1990 forest land that is exempt land under section 183 of the Climate Change Response Act 2002.

*Select one.
†Select the paragraph that applies.
 
Description of land

[Insert legal description of land that is 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 Climate Change Response Act 2002, or exempt land under section 183 of the Climate Change Response Act 2002, or contains such land, including the computer register reference (if relevant).]

 

Date:

Signature:

(authorised signatory)

Schedule 3 form 1: amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14).

Form 2 Cancellation or partial cancellation of notice

r 12(4)

Section 195, Climate Change Response Act 2002

To the Registrar of the Maori Land Court at [specify location of court]/Registrar-General of Land/Registrar of Deeds*

Notice [specify LTA or other reference number] of [date] gave notice that the land/ part of the land* in Part A of the Schedule of this notice was—

  • †pre-1990 forest land under the Climate Change Response Act 2002

  • †post-1989 forest land that forms part of a carbon accounting area in respect of which a person is a participant under the Climate Change Response Act 2002

  • †pre-1990 forest land that is exempt land under section 183 of the Climate Change Response Act 2002.

Please—

  • †cancel that notice

  • †cancel that notice in relation to the land in Part B of the Schedule of this notice.

*Select one.
†Select the paragraph that applies.

 

Date:

Signature:

(authorised signatory)

Schedule

Part A Description of land in regulation 10 notice

[Insert legal description of land from the previous notice under regulation 10.]

Part B Description of land that is not 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, or exempt land

[Insert legal description of land that is not 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 Climate Change Response Act 2002, or exempt land under section 183 of the Climate Change Response Act 2002, including the computer register reference (if relevant).]

Schedule 3 form 2: amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14).

Schedule 4 Tables of carbon stock per hectare for pre-1990 forest land

rr 15(1), (2), 16

Table 1 Carbon stock per hectare for Pinus radiata by region

(expressed as tonnes of carbon dioxide per hectare)

Age (yrs)AkW/TBOPGisH/SNIN/MC/WOS
9255225233290285187159191237
10265235237296286193174200240
11283251247308299196182197239
12306272263328317206187200248
13333296283352341221190210262
14363324307380368240198225281
15395354334410399262211243304
16429385362443431286226265330
17463418392476464313244290358
18498451423510498341265317389
19533485454544532370288346420
20568518485578566401312375452
21601551515611599431337406484
22634584545643631462362437517
23666615575674662492388468549
24696646603703692522415498581
25725676631732721551441529612
26753704657760749580467559643
27781733683787777609493588673
28807761709814804637519618704
29834788735840830666546648734
30860816760866857694572677764
31885842784891882721598706794
32909868808916907748623735823
33933894831940932775649763852
34956919854964956801674791880
35979943876988980827699819908
361 0029688981 0111 004852723846936
371 0249919191 0341 028877747873963
381 0461 0159401 0571 051901771900991
391 0681 0389611 0801 0759257949261 018
401 0901 0619811 1031 0989488179521 044
411 1111 0851 0021 1261 1229728409781 071
421 1331 1071 0221 1501 1459948621 0041 097
431 1551 1301 0421 1731 1691 0178841 0301 124
441 1761 1531 0631 1971 1931 0399051 0551 150
451 1981 1771 0831 2211 2181 0619261 0801 176
461 2211 2001 1031 2451 2421 0839471 1051 203
471 2431 2241 1241 2701 2671 1059681 1301 229
481 2661 2481 1441 2951 2931 1279881 1561 256
491 2891 2721 1661 3211 3191 1491 0081 1811 282
501 3131 2971 1871 3481 3461 1701 0281 2061 309
Key

Ak means Auckland

BOP means Bay of Plenty

C/W means Canterbury/West Coast

Gis means Gisborne

H/SNI means Hawke’s Bay/Southern North Island

N/M means Nelson/Marlborough

O means Otago

S means Southland

W/T means Waikato/Taupo

Table 2 Carbon stock per hectare for Douglas fir, exotic softwoods, exotic hardwoods, and indigenous forest

(expressed as tonnes of carbon dioxide per hectare)

Age (yrs)Douglas
fir
Exotic
softwoods
Exotic
hardwoods
Indigenous
forest
9131137282109
10135139310107
11143144337108
12155151364111
13170161390115
14187172414121
15208185438129
16230199460137
17254214481146
18281229502155
19293245522165
20308260541175
21326276559185
22347291576195
23370307594205
24394321610214
25420335626223
26446349641232
27454363655240
28475377668248
29500390681255
30524403693262
31550416705268
32576429716274
33601442726279
34629454735284
35654466744289
36682478293
37706490297
38732502300
39732513303
40753525306
41774536309
42795548311
43816559313
44837571315
45858582317
46878594319
47899606320
48919617322
49938629323
50957642324
51976
52995
531 013
541 032
551 050
561 068
571 086
581 103
591 121
601 138
611 155
621 171
631 188
641 204
651 220
661 235
671 251
681 266
691 281
701 296
711 310
721 324
731 338
741 352
751 366
761 379
771 392
781 405
791 417
801 430

Schedule 4 table 2: substituted, on 19 June 2011, by regulation 13 of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138).

Schedule 4 table 2: amended, on 1 January 2016, by regulation 5 of the Climate Change (Forestry Sector) Amendment Regulations 2015 (LI 2015/217).

Schedule 5 Geospatial mapping information that must be submitted to EPA with specified documents

r 18

Schedule 5 heading: amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14).

DocumentGeospatial mapping information

Application to be registered as a participant under section 57 of the Act in respect of an activity listed in Part 1 of Schedule 4 of the Act

Geospatial mapping information about each carbon accounting area in respect of which the applicant applies to be recorded as a participant

Application to add a carbon accounting area under section 188(3) of the Act

Geospatial mapping information about each carbon accounting area the participant is applying to add

Application to remove land from a carbon accounting area under section 188(3) of the Act

Geospatial mapping information about the remaining carbon accounting area

Notice under section 188(3) of the Act that a person has ceased to carry out an activity listed in Part 1 of Schedule 4 of the Act in respect of part of a carbon accounting area

Geospatial mapping information about each of—

(a)

the part of the carbon accounting area in respect of which the person has ceased to carry out the activity; and

(b)

the remainder of the carbon accounting area

Notice under section 192(3) of the Act of—

(a)

transfer of post-1989 forest land, a registered forestry right, registered lease, or Crown conservation contract in relation to post-1989 forest land, if the transfer relates to part of a carbon accounting area; or

(b)

registration of a forestry right or lease over post-1989 forest land, or entry into a Crown conservation contract in relation to post-1989 forest land, if the forestry right or lease or Crown conservation contract relates to part of a carbon accounting area

Geospatial mapping information about each of—

(a)

the part of the carbon accounting area transferred, or covered by the transferred forestry right, lease, or Crown conservation contract; or in respect of which a forestry right or lease is registered, or Crown conservation contract is entered into; and

(b)

the remainder of the carbon accounting area

Notice under section 192(3) of the Act of expiry or termination of a registered forestry right, registered lease, or Crown conservation contract that relates to part of a carbon accounting area

Geospatial mapping information about each of—

(a)

the part of the carbon accounting area in respect of which the registered forestry right, lease, or Crown conservation contract expired or was terminated; and

(b)

the remainder of the carbon accounting area

Schedule 5: amended, on 1 October 2010, by regulation 10(1) of the Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183).

Schedule 5: amended, on 1 October 2010, by regulation 10(2) of the Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183).

Schedule 5: amended, on 1 October 2010, by regulation 10(3) of the Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183).

Schedule 6 Tables of carbon stock per hectare for post-1989 forest land

rr 21, 22

Table 1 Carbon stock per hectare for Pinus radiata by region

(expressed as tonnes of carbon dioxide per hectare)

Age (yrs)AkW/TBOPGisH/SNIN/MC/WOS
00.00.00.00.00.00.00.00.00.0
10.50.40.40.60.50.20.20.30.2
2332431121
38761093253
42925243734125914
5595051777128152635
698848412111348314965
713111111816215573537299
81531301431901851007694134
9166142155201197117101124160
10188163169219210132125141174
11217188188242233144139146181
12249218212270260161150156198
13283249239302291182158172219
14320283269336325206170192244
15357318300372361232186214272
16396354333410398260205240302
17435391367447436290226268334
18473428401485473322249298367
19511464435522510353274329401
20549500468558547386300361435
21585536501594582418326394470
22620570533628617450353426504
23653603564661650482380458538
24685636593692681513408490571
25715666622722712543435521604
26745696650751741573461552635
27773726677779769603488583667
28801755704807797632515613698
29828783730834825661542644729
30855811755861852690569674760
31880838780886878718595703790
32905865804912903745621732820
33930891828937929772647761849
34954916851961953799672789878
35977941873985978825697817906
361 0009658961 0091 002850722845934
371 0229909171 0321 026875746872962
381 0441 0139381 0551 050900770899989
391 0661 0379591 0791 0739247939251 016
401 0881 0609801 1021 0979478169511 043
411 1101 0831 0011 1251 1219718399781 070
421 1321 1061 0211 1481 1449948611 0031 097
431 1541 1301 0421 1721 1681 0168831 0291 123
441 1761 1531 0621 1961 1921 0399051 0541 149
451 1981 1761 0821 2201 2171 0619261 0801 176
461 2201 1991 1031 2441 2421 0839471 1051 202
471 2431 2231 1231 2691 2671 1059671 1301 229
481 2661 2471 1441 2951 2921 1269881 1551 255
491 2891 2721 1651 3211 3191 1481 0081 1811 282
501 3131 2961 1871 3471 3451 1701 0281 2061 309
Key

Ak means Auckland

BOP means Bay of Plenty

C/W means Canterbury/West Coast

Gis means Gisborne

H/SNI means Hawke’s Bay/Southern North Island

N/M means Nelson/Marlborough

O means Otago

S means Southland

W/T means Waikato/Taupo

Schedule 6 table 1: amended, on 19 June 2011, by regulation 14(1) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138).

Table 2 Carbon stock per hectare for Douglas fir, exotic softwoods, exotic hardwoods, and indigenous forest

(expressed as tonnes of carbon dioxide per hectare)

Age (yrs)Douglas firExotic softwoodsExotic hardwoodsIndigenous forest
00.00.00.00.0
10.10.20.10.6
20.1131.2
30.43132.5
4112344.6
5226637.8
64459812.1
776313717.5
8207717624.0
9338721431.6
10509525140.2
116910628649.8
129011832060.3
1311313235171.5
1413814738183.3
1516516340995.5
16193180435108.1
17222197459120.8
18253214483133.6
19268232505146.3
20286249526158.7
21307266546170.9
22331283565182.6
23355299584193.9
24382315601204.7
25409330618215.0
26436344633224.6
27445359648233.7
28468373661242.2
29493387674250.1
30518400685257.5
31545414696264.3
32572427706270.6
33597440714276.3
34625452722281.6
35650465729286.5
36679477290.9
37704489295.0
38730501298.7
39730512302.0
40751524305.1
41772536307.8
42794547310.4
43815559312.6
44836570314.7
45857582316.5
46878593318.2
47898605319.7
48918617321.1
49938629322.3
50957641323.4

Schedule 6 table 2: amended, on 1 January 2016, by regulation 6(1) of the Climate Change (Forestry Sector) Amendment Regulations 2015 (LI 2015/217).

Schedule 6 table 2: amended, on 19 June 2011, by regulation 14(1) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138).

Schedule 6 table 2: amended, on 1 October 2010, by regulation 11 of the Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183).

Table 3 Carbon stock per hectare in above ground residual wood and below ground roots from cleared Pinus radiata by region

(expressed as tonnes of carbon dioxide per hectare)

Age (yrs)AkW/TBOPGisH/SNIN/MC/WOS
00.00.00.00.00.00.00.00.00.0
10.50.40.40.60.50.20.20.30.2
2332431121
38761093253
42925243734125914
5484443555228152635
6696161817743314350
792828210810457445768
81139910313413071567288
9128112121155150897184111
1013311713116516010085105130
11140124134167163112101119141
12150133139173168115112124142
13161143146180175120123124145
14173155155190185126122128151
15186167164201195134125133158
16199180175212207143128141167
17213193186224219153134149177
18227206198237232164140159187
19241220210249244175147169199
20254233222262257187156180211
21268246233274269199164191223
22281259245287282210174202235
23293272257298293222183214248
24305284268310305234193226260
25317296278321316245203237272
26328308289331327257213249284
27339319299342337268223260296
28350331310352348280233272308
29360342320363358291243283319
30371353330373369302253295331
31382365340384379314264307344
32392376351394390326276319356
33403387361405401338287332369
34413398371415411349298343381
35423409380425421361308355393
36433420390435431372319367405
37443430399445441383330379417
38452441409455452393340390429
39462451418465462404351402440
40471461427475472414361413452
41481472436485482425371424464
42491482445495492435381436475
43500492454505503445391447487
44510502463516513455401458498
45520513472526524465410469510
46530523481537535475420480521
47540534491548546485429491533
48550545500559557495438502545
49561556510571568504447513557
50571567519583580514457525569
Key

Ak means Auckland

BOP means Bay of Plenty

C/W means Canterbury/West Coast

Gis means Gisborne

H/SNI means Hawke’s Bay/Southern North Island

N/M means Nelson/Marlborough

O means Otago

S means Southland

W/T means Waikato/Taupo

Schedule 6 table 3: amended, on 1 January 2013, by regulation 13(1) of the Climate Change (Forestry Sector) Amendment Regulations (No 2) 2012 (SR 2012/398).

Table 4 Carbon stock per hectare in above ground residual wood and below ground roots from cleared Douglas fir, exotic softwoods, exotic hardwoods, and indigenous forest

(expressed as tonnes of carbon dioxide per hectare)

Age (yrs)Douglas
fir
Exotic
softwoods
Exotic
hardwoods
Indigenous
forest
000.00.00
10.10.20.10.6
20.1131.2
30.43132.5
41.112344.6
52.226487.8
64.0416412
76.5528318
8206410124
9337311932
10418013633
11508315236
12598616639
13699017843
14799419048
15909920052
1610210421057
1711411021962
1812611622767
1916112223488
2016412824291
2116913424894
2217614025597
23183146262100
24192152268103
25202157274106
26211163280109
27223168285117
28229174290119
29238179295121
30247184299123
31257190303124
32267196307126
33276202311128
34287208314129
35297213317131
36309219132
37318224133
38329230135
39338235140
40346240140
41353246141
42361251141
43369256142
44377262142
45386267142
46394273143
47402278143
48410284143
49418289144
50426295144

Schedule 6 table 4: substituted, on 19 June 2011, by regulation 14(2) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138).

Schedule 6 table 4: amended, on 1 January 2016, by regulation 6(2) of the Climate Change (Forestry Sector) Amendment Regulations 2015 (LI 2015/217).

Schedule 6 table 4: amended, on 1 January 2013, by regulation 13(2) of the Climate Change (Forestry Sector) Amendment Regulations (No 2) 2012 (SR 2012/398).

Schedule 7 Forest species that are tree weeds

r 23

Schedule 7: added, on 2 July 2010, by regulation 12 of the Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183).

Alder species (Alnus spp)

Ash (Fraxinus excelsior)

Birch species (Betula spp):

Hairy/White birch (B. pubescens)

Silver birch (B. pendula)

Cedar species (Cedrus spp):

Atlas cedar (C. atlantica)

Deodar cedar (C. deodara)

Douglas fir (Pseudotsuga menziesii)

Larch species (Larix spp):

European larch (L. decidua)

Japanese larch (L. kaempferi)

Lawson’s cypress (Chamaecyparis lawsoniana)

Leyland cypress (Cupressocyparis leylandii)

Pine species (Pinus spp):

Big cone pine (P. coulteri)

Bishop pine (P. muricata)

Contorta or lodgepole pine (P. contorta)

Corsican pine (P. nigra)

Dwarf mountain pine (P. mugo)

Maritime pine (P. pinaster)

Mexican weeping pine (P. patula)

Mountain pine (P. uncinata)

Ponderosa pine (P. ponderosa)

Radiata pine (P. radiata)

Scots pine (P. sylvestris)

Western white pine (P. monticola)

Poplar species (Populus spp)

Redwood (Sequoia sempervirens)

Rowan (Sorbus aucuparia)

Sierra redwood (Sequoiadendron giganteum)

Sycamore (Acer pseudoplatanus)

Western hemlock (Tsuga heterophylla)

Western red cedar (Thuja plicata)

Wild cherry or gean (Prunus avium)

Willow species (Salix spp):

Crack willow (S. fragilis)

Grey willow (S. cinerea)

Rebecca Kitteridge,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 2 October 2008.

Reprints notes
1 General

This is a reprint of the Climate Change (Forestry Sector) Regulations 2008 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Climate Change (Forestry Sector) Amendment Regulations 2015 (LI 2015/217)

Climate Change (Forestry Sector) Amendment Regulations (No 2) 2012 (SR 2012/398)

Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321)

Biosecurity Law Reform Act 2012 (2012 No 73): section 93

Environmental Protection Authority Act 2011 (2011 No 14): section 53(2)

Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138)

Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183)

Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57): section 88(2)