Document ID: chunk:federal_register_of_legislation:F2024L01473:clause:1_53
Version: federal_register_of_legislation:F2024L01473
Segment Type: clause
Provision Reference: sch 1 cl 53
Character Range: 54775–56613

53  Requirement in lieu of newness requirement
         (1) For the purposes of subparagraph 27(4A)(a)(ii) of the Act, the requirement in lieu of the newness requirement for a reforestation project is that the project has not begun to be implemented, with the exceptions set out in this section.
         (2) Disregard the preparation of a reforestation management plan before a management action commences.
         (3) Disregard site preparation, planting, and the leasing or purchasing of a tangible asset for the purposes of site preparation or planting, when undertaken:
           1.     after a section 22 application has been made in relation to the project but before the date the project is declared an eligible offsets project by the Regulator; or
           2.     after a section 29 application has been made in relation to the project but before the date the variation of the section 27 declaration in relation to the project is made by the Regulator.
 (4) In this section:

        section 22 application, in relation to an offsets project, means an application under section 22 of the Act for the declaration of the project as an eligible offsets project.

        section 27 declaration, in relation to an eligible offsets project, means a declaration under section 27 of the Act that the project is an eligible offsets project.

        section 29 application, in relation to an area of land, means an application made under regulations or legislative rules made for the purposes of section 29 of the Act to vary the section 27 declaration in relation to a project in relation to the area.

        site preparation means any action taken to prepare land for planting, including ripping, tilling, scalping, windrow and burn, fertilisation, weed control, mounding and fencing.

Division 12—Reforestation management plan