Document ID: chunk:federal_register_of_legislation:F2025C00080:clause:1_9aa:p2
Version: federal_register_of_legislation:F2025C00080
Segment Type: clause
Provision Reference: sch 1 cl 9AA (pt 2/4)
Character Range: 41424–44513

the National Inventory Report;
              (ii) that version of the maps does not identify any pre‑existing forest cover in the carbon estimation area, taking into account any guidelines published by the Regulator on its website for the purpose of this subparagraph, as in force from time to time; or

             Note: In 2019, the Regulator's website was http://www.cleanenergyregulator.gov.au. Under the applicable methodology determination for the regeneration project a project proponent may choose to re‑stratify the carbon estimation areas to exclude areas shown as pre‑existing forest cover, or areas that have not attained forest cover, to enable this requirement to be met in relation to a reporting period.
           (b) when assessed in 0.2 hectare portions, over 90% of those portions have attained forest cover such that the land in each portion has trees that:
              (i) are 2 metres or more in height; and
              (ii) provide crown cover of at least 20% of the land.

            Note: The fact that a carbon estimation area is considered to have attained forest cover under this subsection does not mean that any requirements relating to forest cover or forest potential under the applicable methodology determination for the project are satisfied.

        (5)  The assessment of 0.2 hectare portions for a carbon estimation area under paragraph (4)(b) must:
           (a) comply with any requirements set out in the CFI Mapping Guidelines for the purpose of this paragraph; and
           (aa) use data sources and data processing approaches that:
              (i) the Regulator is satisfied are either:
 (A) the same as, or equivalent to, those relied upon to demonstrate that the carbon estimation area did not have any pre‑existing forest cover; or
 (B) if it is no longer possible or appropriate to use the data sources and data processing approaches in sub‑subparagraph (A)—are consistent with, or comparable to, those data sources and data processing approaches; and
              (ii) are approved by the Regulator on a list published on its website or are otherwise approved by the Regulator in writing, having regard to the requirements of subparagraph (i); and
           (b) take into account any guidelines published by the Regulator on its website for the purpose of this paragraph, as in force from time to time.

            Note: In 2018, the Regulator's website was http://www.cleanenergyregulator.gov.au.

        (5A) For subparagraph (5)(aa)(ii), if:
           (a) a project proponent has relied upon an approval under subparagraph (5)(aa)(ii) in an offsets report covering the relevant carbon estimation area (the first approval); and
           (b) the project proponent has not relied on another approval under subparagraph (5)(aa)(ii) in a subsequent offsets report covering the relevant carbon estimation area;
         the first approval remains relevant to the carbon estimation area despite any subsequent revocation or variation of that approval by the Regulator.

            Note: While this subsection may facilitate