Document ID: chunk:federal_register_of_legislation:F2015L00682:reg:19:p1
Version: federal_register_of_legislation:F2015L00682
Segment Type: reg
Provision Reference: reg 19 (pt 1/2)
Character Range: 38724–41520

19  Growth disturbances and revision of strata
 (1) This section applies if a growth disturbance occurs in a stratum (the original stratum) that:
 (a) is not a superseded stratum; and
 (b) has been reported in an offsets report; and
 (c) in the most recent offsets report, was reported with a closing carbon stock greater than zero.
 (2) For this section, a growth disturbance in a stratum is an event that is likely to affect significantly the project tree growth characteristics of the whole or part of the stratum.
Note: Examples include floods, fires, droughts, pest attacks, diseases and natural disturbance that would be a significant reversal under the Rule.
 (3) The project proponent must, within 6 months after detecting the growth disturbance, delineate the boundaries of the land occupied by project trees affected by the disturbance.
Note: Section 81 of the Act requires a project proponent to notify the Regulator in the event of certain natural disturbances.
 (4) If the growth disturbance affects 5% or more of the original stratum area, the project proponent must revise the stratum in accordance with subsections (6) and (7).
 (5) If the growth disturbance affects less than 5% of the original stratum area, the project proponent may choose to revise the stratum in accordance with subsection (7).
Revision of stratum affected by growth disturbance
 (6) If the whole of the original stratum is affected by the growth disturbance:
 (a) it is revised by defining a new stratum with a new stratum identifier (being an affected stratum); and
 (b) the original stratum is superseded.
 (7) If only a part of the original stratum is affected by the growth disturbance:
 (a) it is revised by dividing it into two or more strata:
 (i) one or more of which is affected by the growth disturbance (each being an affected stratum); and
 (ii) one or more of which is not so affected (each being an unaffected stratum); and
 (b) the original stratum is superseded.
Labelling of affected strata
 (8) An affected stratum must be labelled:
 (a) if the disturbance is fire—a 'fire affected stratum'; and
 (b) otherwise—a 'disturbance affected stratum'.
 (9) The label 'fire affected stratum' and 'disturbance affected stratum' may be removed from a stratum when the growth disturbance no longer significantly affects the project tree growth characteristics reported for the stratum.
Note: At this point, the stratum may be re-amalgamated through stratification with an unaffected stratum.
Closing carbon stock in unaffected stratum
Note: The closing carbon stock of the superseded original stratum will be zero (section 21). The initial carbon stock of the new affected and unaffected strata will also be zero (section 93).
 (10) Subsection 85(4) does not apply to an unaffected stratum.
Note: The