1	Title
2	Commencement
3	Principal regulations
4	Regulation 15 amended (Fees and charges)
5	New regulations 15A to 15C inserted
	15A	Annual charges payable by participants in standard forestry removal activities or permanent forestry removal activities
	15B	Part-charges payable by participants
	15C	Exemptions from charges
6	Regulation 57 amended (Forest classes assigned to land)
7	Regulation 59 amended (Applying for full new plot set for total P89 land)
8	Regulation 60 amended (Applying for additional plots or modified plot set)
9	Regulation 73 amended (Permanent waivers in relation to requirement to establish plots)
10	Regulation 74 amended (Waivers for use of definitive participant-specific tables)
11	Regulation 75 amended (Extension of deadline to apply for plots and collect FMA information)
12	Schedule 1 amended
13	Schedule 6 amended
	Schedule New Part 2 inserted in Schedule 1
	Explanatory note
	Administrative Information

Regulations

1 Title

These regulations are the Climate Change (Forestry) Amendment Regulations 2023.

2 Commencement

These regulations come into force on 19 October 2023.

3 Principal regulations

These regulations amend the Climate Change (Forestry) Regulations 2022.

4 Regulation 15 amended (Fees and charges)

(1)

In regulation 15(1), delete “specified in Schedule 6”.

(2)

In regulation 15(2), replace “The fee or charge is specified” with “The amount of a fee or charge is”.

(3)

After regulation 15(4), insert:

(5)

In this regulation,—

charge means a charge specified in Schedule 6 or calculated under regulation 15A or 15B

fee means a fee specified in Schedule 6.

5 New regulations 15A to 15C inserted

After regulation 15, insert:

15A Annual charges payable by participants in standard forestry removal activities or permanent forestry removal activities

(1)

A charge (an annual charge) is payable for a financial year by a person—

(a)

who is registered under section 57 of the Act as a participant in standard forestry removal activities or permanent forestry removal activities in respect of post-1989 forest land; and

(b)

for whom that registration is in effect at 12.01 am on 1 July of the financial year.

(2)

The annual charge—

(a)

is payable for all of the relevant carbon accounting areas in respect of which the person is a participant; and

(b)

excludes any carbon accounting areas that are exempted under regulation 15C.

(3)

The EPA must calculate the amount of the annual charge by multiplying the total number of hectares of the area in respect of which the charge is payable by $30.25. The amount must be rounded to the nearest cent.

(4)

The EPA must calculate the amount of the annual charge—

(a)

as soon as practicable after 30 June of the immediately preceding financial year; but

(b)

if any relevant carbon accounting area in respect of which the person is a participant is constituted within 20 working days before 1 July of the new financial year, no earlier than 20 working days after the constitution date.

(5)

The EPA must notify the participant of the amount of the annual charge and the due date for payment.

(6)

Subclause (7) applies, if before 1 July of the financial year,—

(a)

the EPA receives a notice from a transferor under section 187(4) of the Act of a transmission of interest in respect of some or all of the land in a carbon accounting area for which the annual charge is payable; and

(b)

the EPA does not record the effects of section 187A of the Act that arise from the transmission.

(7)

The annual charge that is payable in respect of the carbon accounting area that is the subject of the transmission must be paid by the transferee as if they were a person described in subclause (1).

(8)

In this regulation and regulations 15B and 15C, relevant carbon accounting area means a carbon accounting area in respect of standard forestry removal activities or permanent forestry removal activities in respect of post-1989 forest land.

15B Part-charges payable by participants

(1)

A part-charge is payable for a financial year by a person described in regulation 15A(1) in relation to any relevant carbon accounting area in respect of which the person is a participant—

(a)

that is constituted after 12.01 am on 1 July of the financial year—

(i)

by the person’s registration taking effect under section 57(6) of the Act; or

(ii)

by being added under section 182C(3) of the Act; or

(b)

that is—

(i)

constituted as a result of a review of or appeal against a decision under any of sections 144 to 146 of the Act; and

(ii)

included in the participant’s records (after being updated by the EPA) after 12.01 am on 1 July of the financial year.

(2)

The part-charge—

(a)

is payable for all of the relevant carbon accounting areas in respect of which the person is a participant as described in subclause (1)(a) or (b); but

(b)

excludes any carbon accounting areas to which an exemption under regulation 15C applies.

(3)

The EPA must calculate the amount of the part-charge payable on a pro-rata basis in accordance with the following formula and rounded to the nearest cent:

a × b × c

where—

a: is the total number of hectares of the area in respect of which the charge is payable
b: is $30.25
c: is the amount arrived at by dividing the remaining number of days in the financial year by 365.

(4)

The EPA must calculate the amount of the part-charge—

(a)

as soon as practicable after it gives notice to the person in accordance with the Act of the matters referred to in subclause (1)(a)(i) or (ii) or (b); but

(b)

no earlier than 20 working days after the notice has been given.

(5)

The EPA must notify the participant of the amount of the part-charge and the due date for payment.

(6)

In this regulation, remaining number of days means the number of days remaining in the financial year after the date on which the carbon accounting area is—

(a)

constituted as described in subclause (1)(a); or

(b)

included in the participant’s records as described in subclause (1)(b)(ii).

15C Exemptions from charges

(1)

A person described in regulation 15A(1) (including by virtue of regulation 15A(7)) is eligible for an exemption from a requirement to pay an annual charge or a part-charge in relation to a relevant carbon accounting area if, at the beginning of the period for which the charge is payable,—

(a)

all the sub-areas of the carbon accounting area—

(i)

are of the kind described in regulation 4(4) or 4(6); and

(ii)

have the forest type indigenous; and

(b)

the trees of that forest type are less than 6 years of age.

(2)

A person who is eligible for an exemption from a requirement to pay an annual charge may claim the exemption—

(a)

by notifying the EPA of their eligibility before 1 July of the financial year; or

(b)

if the carbon accounting area is constituted within 20 working days before 1 July of that year, by notifying the EPA of their eligibility no later than 20 working days after the constitution date.

(3)

A person who is eligible for an exemption from a requirement to pay a part-charge may claim the exemption by notifying the EPA of their eligibility within 20 working days after the EPA has given notice to the person of the matters referred to in regulation 15B(1)(a)(i) or (ii) or (b).

(4)

The EPA must grant an exemption under this regulation unless it is satisfied that the person is not eligible for the exemption, in which case the EPA must provide written reasons.

6 Regulation 57 amended (Forest classes assigned to land)

After regulation 57(5), insert:

(6)

A notice referred to in subclause (5) must be accompanied by the prescribed fee (if any).

7 Regulation 59 amended (Applying for full new plot set for total P89 land)

After regulation 59(4)(b), insert:

(c)

must be accompanied by the prescribed fee (if any).

8 Regulation 60 amended (Applying for additional plots or modified plot set)

After regulation 60(3), insert:

Application fee

(4)

An application made under this regulation must be accompanied by the prescribed fee (if any).

9 Regulation 73 amended (Permanent waivers in relation to requirement to establish plots)

After regulation 73(2)(b), insert:

(c)

must be accompanied by the prescribed fee (if any).

10 Regulation 74 amended (Waivers for use of definitive participant-specific tables)

After regulation 74(5)(b), insert:

(c)

be accompanied by the prescribed fee (if any).

11 Regulation 75 amended (Extension of deadline to apply for plots and collect FMA information)

After regulation 75(4)(b), insert:

(c)

be accompanied by the prescribed fee (if any).

12 Schedule 1 amended

In Schedule 1,—

(a)

insert the Part set out in the Schedule of these regulations as the last Part; and

(b)

make all necessary consequential amendments.

13 Schedule 6 amended

In Schedule 6, replace the table with:

Matter for which fee or charge is payable	Fee or charge payable	Fee or charge payable by
Services under Act
1 Application for registration as participant under section 57 of Act for activity of standard forestry or permanent forestry in relation to post-1989 forest land, where the land is the following size:
<10 ha	$488.89	Applicant
≥10 ha and <50 ha	$1,815.00	Applicant
≥50 ha and <100 ha	$1,980.00	Applicant
≥100 ha and <500 ha	$2,640.00	Applicant
≥500 ha	$4,125.00	Applicant
2 Application under section 58 of Act to remove participant from register	$577.50	Participant
3 Application for extension of time before relevant deadline or due date under section 119 of Act (submission of emissions return)	$165.00	Participant
4 Action by the EPA under section 128A of Act to prepare or complete a failed notice under section 181G of Act (P90 release criteria notice)	$1,650.00	Jointly by all owners of land in area 1 or area 2
5 Action by the EPA under section 128A of Act to prepare or complete a failed notice— (a) under section 192J of Act (P89 release criteria notice); or (b) under section 193K of Act (achievement of re-establishment of temporary adverse event land)	$1,650.00	Participant
6 Submitting for activity of standard forestry or permanent forestry— (a) a provisional forestry emissions return under section 183 of Act (in any year); or (b) an MERP-end emissions return under section 183A of Act; or (c) a final forestry emissions return under section 186B of Act (ceasing participation for part carbon accounting areas); or (d) a final forestry emissions return under section 187 of Act (transmission of interest in post-1989 forest land)	$165.00	Participant
7 Travel for purpose of checking that land is post-1989 forest land	$165.00 per hour plus disbursements at actual cost	Applicant or participant
8 Application under section 180B of Act for exemption for less than 50 ha of pre-1990 forest land	$1,650.00	Applicant
9 Application under section 181A of Act to offset land for pre-1990 forest land	$5,775.00	Applicant
10 Notice under section 181G of Act of P90 release criteria	$247.50	All owners of land in area 1 or area 2
11 Application under section 181H of Act to add land to area 2 (approved) land	$5,775.00	All owners of land in area 1, area 2, or the additional land
12 Application under section 182C(3) of Act to add 1 or more carbon accounting areas for activity of standard forestry or permanent forestry, where the total size of the carbon accounting areas being added is the following:
<10 ha	$88.89	Participant
≥10 ha and <50 ha	$1,815.00	Participant
≥50 ha and <100 ha	$1,980.00	Participant
≥100 ha and <500 ha	$2,640.00	Participant
≥500 ha	$4,125.00	Participant
13 Application under section 182F(4)(a)(i) of Act to remove 1 or more carbon accounting areas for activity of standard forestry	$495.00	Participant
14 Application under section 182F(4)(a)(ii) of Act to remove post-1989 forest land from 1 or more carbon accounting areas for activity of standard forestry	$1,072.50	Participant
15 Notice under section 182F(4)(b)(i) of Act that person has ceased to carry out activity of standard forestry in respect of 1 or more carbon accounting areas	$495.00	Participant
16 Notice under section 182F(4)(b)(ii) of Act that person has ceased to carry out activity of standard forestry in respect of land in 1 or more carbon accounting areas	$1,072.50	Participant
17 Notice under section 182G(1) of Act that post-1989 forest land used for activity of standard forestry is affected by natural event or is cleared land, where the following applies:
affected or cleared land comprises 1 or more whole carbon accounting areas	$495.00	Participant
any other case	$1,072.50	Participant
18 Notice of transmission of interest under section 187 of Act for activity of standard forestry or permanent forestry	$990.00	Transferor
19 Action by EPA in relation to a failed notice under section 187B(3) of Act	$1650.00	Transferor and transferee
20 Application under section 188(3) of Act to reconfigure 1 or more carbon accounting areas	$6,600.00	Participant
21 Application under section 189(5) of Act to change activity	$742.50	Participant
22 Application under section 192A of Act to offset land for post-1989 forest land	$7,425.00	Participant
23 Application under section 193A of Act for a temporary adverse event suspension of accounting	$4,207.50	Participant
24 Notification to the relevant Registrar or the Registrar-General of Land under section 195(1) of Act where required by regulation 19 following assessment of a successful application— (a) under section 57 of Act to register as participant; and (b) under section 182C(3) of Act to add land in relation to standard or permanent forestry in respect of post-1989 forest land	$330.00	Applicant or participant
Services under regulations
25 Notifying the EPA under regulation 57(5) that the FMA participant wishes to assign a forest class to their P89 land (except for assignments that are a change)	$165.00	Participant
26 Notifying the EPA under regulation 57(5) that the FMA participant wishes to assign a forest class to their P89 land where that assignment is a change	$2,722.50	Participant
27 Application under regulation 59 to EPA to request an allocation of FMA sample plot locations for collecting FMA information	$412.50	Participant
28 Application to EPA under regulation 60(2) to request an allocation of additional FMA sample plot locations or under regulation 60(3) to request replacement plot allocation of sample plot locations for collecting FMA information	$412.50	Participant
29 Request under regulation 68 for participant-specific tables	$1,980.00	Participant
30 Application under regulation 73 for permanent waiver from collecting FMA information	$412.50	Participant
31 Application under regulation 74 for temporary waiver from collecting FMA information	$412.50	Participant
32 Application for extension of time before relevant deadline or due date under regulation 75 (to apply for allocation of plots and collect FMA information)	$165.00	Participant

Schedule New Part 2 inserted in Schedule 1

r 12

Part 2 Provisions relating to Climate Change (Forestry) Amendment Regulations 2023

11 Annual charge payable

(1)

Regulation 15A, which requires the payment of an annual charge by certain participants, applies to a person who on 19 October 2023 is registered under section 57 of the Act as a participant in standard forestry removal activities or permanent forestry removal activities in respect of post-1989 forest land.

(2)

Regulation 15A applies to the person subject to the following modifications:

(a)

the annual charge is payable for the period commencing on 19 October 2023 and ending on 30 June 2024 (inclusive):

(b)

subclause (4) applies to the calculation of the amount of the annual charge instead of regulation 15A(3):

(c)

the EPA must calculate the amount of the annual charge as soon as practicable after 19 October 2023:

(d)

in regulation 15A(4)(b), the reference to 1 July of the new financial year must be read as a reference to 19 October 2023:

(e)

in regulation 15A(6), the reference to 1 July of the financial year must be read as a reference to 19 October 2023.

(3)

Regulation 15C, in so far as it provides for an exemption from the requirement to pay the annual charge, applies to the person except that the reference to 1 July of the financial year and the reference to 1 July of that year must be read as a reference to 19 October 2023.

(4)

The EPA must calculate the amount of the annual charge in accordance with the following formula and rounded to the nearest cent:

a × b × c

where—

a: is the total number of hectares of the area in respect of which the charge is payable
b: is $30.25
c: is the amount arrived at by dividing 256 (which is the number of days remaining in the financial year from and including 19 October 2023) by 366.

Rachel Hayward,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 19 October 2023, amend the Climate Change (Forestry) Regulations 2022 to introduce new service fees, an annual charge, a part-charge, and an exemption from those charges.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 21 September 2023.

These regulations are administered by the Ministry for the Environment.

Climate Change (Forestry) Amendment Regulations 2023