Document ID: chunk:federal_register_of_legislation:C2015A00090:clause:1_51
Version: federal_register_of_legislation:C2015A00090
Segment Type: clause
Provision Reference: sch 1 cl 51
Character Range: 12300–14326

51  At the end of regulation 8
Add:
 (2) Biomass from a native forest must be:
 (a) harvested primarily for a purpose other than biomass for energy production; and
 (b) either:
 (i) a by‑product or waste product of a harvesting operation, approved under relevant Commonwealth, State or Territory planning and approval processes, for which a high‑value process is the primary purpose of the harvesting; or
 (ii) a by‑product (including thinnings and coppicing) of a harvesting operation that is carried out in accordance with ecologically sustainable forest management principles; and
 (c) either:
 (i) if it is from an area where a regional forest agreement is in force—produced in accordance with any ecologically sustainable forest management principles required by the agreement; or
 (ii) if it is from an area where no regional forest agreement is in force—produced from harvesting that is carried out in accordance with ecologically sustainable forest management principles that the Minister is satisfied are consistent with those required by a regional forest agreement.
 (3) For subparagraph (2)(b)(i), the primary purpose of a harvesting operation is taken to be a high‑value process only if the total financial value of the products of the high‑value process is higher than the financial value of other products of the harvesting operation.
 (4) In this regulation:
ecologically sustainable forest management principles means the following principles that meet the requirements of ecologically sustainable development for forests:
 (a) maintenance of the ecological processes within forests, including the formation of soil, energy flows, and the carbon, nutrient and water cycles;
 (b) maintenance of the biological diversity of forests;
 (c) optimisation of the benefits to the community from all uses of forests within ecological constraints.
high‑value process means the production of sawlogs, veneer, poles, piles, girders, wood for carpentry or craft uses, or oil products.

Division 2—Transitional provisions