Climate Change (Forestry Sector) Regulations 2008

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).