Climate Change (Forestry Sector) Regulations 2008

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).