Document ID: chunk:federal_register_of_legislation:F2022L00047:clause:6_22
Version: federal_register_of_legislation:F2022L00047
Segment Type: clause
Provision Reference: sch 6 cl 22
Character Range: 39503–41727

22  Disturbance events and when they occur
 (1) For this determination, the following are the disturbance events that apply to an area that is, or is part of, a CEA:
 (a) a fire, other than a controlled burn, that affects more than 5% of the CEA (whether or not trees are killed);
 (b) a natural disturbance, other than a fire, that:
 (i) kills one or more trees; and
 (ii) affects more than 5% of the CEA;
Note: Natural disturbance has the meaning given by the Act, and includes flood, drought, pest attack and disease.
 (c) a failure of the CEA to satisfy the forest development condition at the end of a reporting period.
The forest development condition
 (2) For this determination, a CEA satisfies the forest development condition at the end of a reporting period if, at the end of the period:
 (a) the CEA has forest cover; or
 (b) the CEA is between rotations; or
 (c) for a reporting period that was wholly within a single rotation—the vegetation in the CEA has progressed towards achieving forest cover since the beginning of the reporting period; or
 (d) for a reporting period during which a new rotation started:
 (i) it is less than 6 months since the new rotation started; or
 (ii) the vegetation in the CEA has progressed towards achieving forest cover during the new rotation; or
 (e) for a reporting period during which a disturbance event mentioned in paragraphs (1)(a) or (b) occurred:
 (i) it is less than 6 months since the disturbance event; or
 (ii) the vegetation in the CEA has progressed towards achieving forest cover since the disturbance event.
When disturbance events occur
 (3) A disturbance event is taken to occur as follows:
 (a) for a fire, or a natural disturbance other than a fire:
 (i) the day the fire or natural disturbance began, if known; or
 (ii) otherwise—the day the fire or natural disturbance was identified;
 (b) for a failure to satisfy the forest development condition in a reporting period—the latest of the following dates:
 (i) the beginning of the reporting period;
 (ii) if a new rotation started during the reporting period—the starting date of the rotation;
 (iii) if another disturbance event occurred during the reporting period—the date of the disturbance event.