Document ID: chunk:federal_register_of_legislation:F2015L00682:reg:12
Version: federal_register_of_legislation:F2015L00682
Segment Type: reg
Provision Reference: reg 12
Character Range: 27553–29211

12  Removal of trees
Non‑project trees
 (1) The project must be one in which, subject to this section, native forest and non‑project trees are not removed from the project area, or otherwise disturbed.
 (2) Non‑project trees may be removed from the project area, or otherwise disturbed, only in the following circumstances:
 (a) where the non‑project trees are prescribed weeds;
 (b) where:
 (i) at the time of stratum commencement, the non‑project trees to be removed:
 (A) cover a total land area that represents less than 5% of the project area, as measured by crown cover; and
 (B) do not meet the definition of native forest; and
 (C) are less than 2 metres in height; and
 (ii) the trees are removed no later than 6 months after the first planting;
 (c) for biomass sampling;
 (d) to manage a natural disturbance event such as disease or fire;
 (e) where otherwise required by law or permitted by or under the Act.
Project trees
 (3) The project must be one in which project trees are removed from the project area only in the following circumstances:
 (a) for biomass sampling;
 (b) to manage a natural disturbance event such as disease or fire;
  (c) where otherwise required by law or permitted by or under the Act.
Note: The Act and instruments made under it permit biomass from project trees to be removed in the following circumstances:
• to remove debris for fire management;
              • to remove firewood, fruits, nuts, seeds, or material used for fencing or as craft materials, if those things are not removed for sale;
• in accordance with traditional indigenous practices or native title rights;
• for thinning for ecological purposes.