Climate Change Response (Emissions Trading Forestry Sector) Amendment Act 2009

1: Title
This Act is the Climate Change Response (Emissions Trading Forestry Sector) Amendment Act 2009.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Climate Change Response Act 2002 2009-07-01 Climate Change Response Act 2002
1: Forestry sector amendments
4: Other regulations
Section 168(1)
ca: prescribing a date by which an application to the chief executive must be submitted under section 183, which must be no later than 1 July 2010; and .
5: Applications for exemption for land holdings of less than 50 hectares of pre-1990 forest land
1: Section 183(3) subsection (1) subsection (2)
2: Section 183(3)
a: be submitted to the chief executive by—
i: the date prescribed by regulations made under section 168(1)(ca)
ii: in the absence of a date prescribed by regulations made under section 168(1)(ca) .
3: Section 183(5) in that subsection in the public notice given under subsection (3)(a)(ii) section 168(1)(ca)
6: First emissions return for pre-1990 forest land activities
1: Section 196(1) in the period commencing on 1 January 2008 and ending on 31 December 2009 Schedule 3
2: Section 196(2) Section 65 applies Section 65(2) and (3) apply
3: Section 196
2A: A participant referred to in subsection (1) must, by 30 April 2011 but not before 1 January 2011, surrender the number of units listed in the participant’s assessment in the emissions return submitted under subsection (1)(b) in relation to the activity.
4: Section 196(3) required to be submitted under section 65
5: Section 196(5) carried out in 2008, the person who carried out the activity has until 31 January 2009 carried out in 2008 or 2009, the person who carried out the activity has until 31 January 2010
6: Section 196
7: Despite section 129(1)(b)(i), a person who carried out, before the commencement of this subsection, an activity listed in Part 1 of Schedule 3 for the period commencing with 1 January 2008 and ending with the close of 31 December 2009 is not liable under section 129(1)(b)(i) if the person notifies the chief executive of that activity on or before 31 January 2010.
7: New section 196A inserted
The following section is inserted after section 196
196A: Power to withdraw or suspend certain draft allocation plans
1: This section applies to any draft allocation plan publicly notified under section 78(3) before the commencement of this section.
2: If this section applies, the Minister may, by public notice, withdraw or suspend the draft allocation plan.
3: If the Minister suspends a draft allocation plan, the public notice must specify the period of suspension.
4: However, the Minister may, by subsequent public notice, end the suspension before the period of suspension expires.
5: When, or as soon as is reasonably practicable after, the suspension ends or expires, the Minister must renotify the draft allocation plan in accordance with section 78(3) and (4).
6: When a suspension ends or expires, the report required under section 78(5) must contain recommendations in respect of any submissions made under section 78(4) on the draft allocation plan before or after its suspension.
7: If the Minister withdraws a draft allocation plan, a new draft allocation plan must be prepared under section 78.
8: The Minister must ensure that a public notice given under subsection (2) or (4)
2: Miscellaneous technical amendments
8: Allocation to agriculture
Section 76(1) powers this section and section 78(2) powers
9: Draft allocation plans
Section 78(3)(b) the Act this Act
10: Incorporation by reference in regulations made under section 163
The heading to section 169 section 163 section 163, 164, 165, 167, or 168
11: Amendments to Summary Proceedings Act 1957
1: This section amends the Summary Proceedings Act 1957
2: The item relating to the Climate Change Response Act 2002 in Part 2
a: omitting 120 133
b: omitting offence offences 2009-07-01 Summary Proceedings Act 1957