Document ID: chunk:federal_register_of_legislation:F2021L01696:clause:2_11:p1
Version: federal_register_of_legislation:F2021L01696
Segment Type: clause
Provision Reference: sch 2 cl 11 (pt 1/2)
Character Range: 34415–37174

11  Activities not to be conducted
 (1) Activities excluded by this section must not be conducted on land that is, or is to be, part of a CEA in the period commencing on the date of the section 22 application for the project and ending at the end of the permanence obligation period for the project.
 (2) Land under pasture must not be de-stocked unless:
 (a) the land is to be converted to a cropping system; or
 (b) the de-stocking period is within the relevant drought period for the land; or
 (c) the Regulator agrees in writing that exceptional circumstances exist.
Note 1: Reducing stocking density on land that is, or is to be, part of a CEA is not an excluded activity.
Note 2: Exceptional circumstances may include a disease outbreak among livestock.
 (3) After the completion of the baseline sampling round:
 (a) land management activities must not disturb the soil any deeper than 10 centimetres above the baseline nominated soil depth;
 (b) pyrolysised material that is not biochar must not be applied.
 (4) Land management activities must not be conducted on hypersulfidic material that would result in one or more of the following:
 (a) drainage;
 (b) physical disturbance;
 (c) the application of lime to the land.
Note: Project proponents may choose to exclude soils with hypersulfidic material (i.e. acid sulfate soils) from CEAs to avoid the risk of breaching this subsection.
 (5) An activity notified to the project proponent in writing by the Regulator under subsection (6) must not be conducted.
 (6) The Regulator may notify a project proponent of one or more activities that must not be conducted if:
 (a) the Regulator is satisfied that the activity may result in the crediting of non-genuine carbon abatement; and
Note: Actions which directly or indirectly increase the value of  or reduce the value of  result in additional crediting under the Act. Non-genuine carbon abatement could include activities which increase crediting under this determination without a corresponding overall benefit from the removals or reduced emissions, such as through leakage.
 (b) the Regulator has consulted the project proponent on the need to make such a notification.
 (7) In this section, relevant drought period for any land means the period of time:
 (a) commencing when the land is shown as mapped within a region which is recorded on the Bureau of Meteorology's 24-month recent and historical rainfall map, or another equivalent map approved by the Regulator, as having a rainfall percentile ranking as:
 (i) serious deficiency (rainfall lies above the lowest five per cent of recorded rainfall but below the lowest ten per cent (decile range 1) for the period 1900-present); or
 (ii) severe deficiency (rainfall is among the lowest five per