Document ID: chunk:federal_register_of_legislation:F2021L01696:clause:2_6:p2
Version: federal_register_of_legislation:F2021L01696
Segment Type: clause
Provision Reference: sch 2 cl 6 (pt 2/2)
Character Range: 171063–172809

and
 (b) includes land that is not eligible, or has ceased to be eligible, because it does not satisfy paragraph 9(1)(b) of this determination (dwelling or structures); and
 (c) has not been removed from the project area of the project.
 (8) Despite subparagraph (1)(a)(i), ineligible land may remain in a CEA if:
 (a) less than the smaller of 1% or 5 hectares of the area of the CEA is covered by dwellings or other structures; or
 (b) the Regulator determines, in accordance with subsection (10), that the land can continue to remain in the CEA.
Note: CEAs must not contain dwelling or structures at the time of stratification, however land may remain in the CEA if dwellings or other structures are constructed on it after stratification in accordance with subsection (8).
 (9) If subsection (8) does not apply, land in CEAs that is ineligible land must be removed from the project area.
 (10) The Regulator may determine that land can continue to be mapped as a CEA if:
 (a) the Regulator has consulted with the project proponent about making such a determination; and
 (b) the continued mapping of the CEA is unlikely to result in the crediting of non-genuine carbon abatement; and
 (c) the Regulator considers that the continued mapping of the CEA is appropriate, having regard to all the circumstances.
 (11) Subsection (12) applies to a CEA that:
 (a) has been mapped in accordance with this section; and
 (b) includes land that is not eligible, or has ceased to be eligible, because it does not satisfy paragraph 9(2)(a) of this determination.
 (12) The project proponent must remove the CEA from the project area.
 (13) The mapping of each CEA, exclusion area or emissions accounting area must be done in accordance with the Supplement.