Document ID: chunk:federal_register_of_legislation:F2022L00047:clause:6_35:p1
Version: federal_register_of_legislation:F2022L00047
Segment Type: clause
Provision Reference: sch 6 cl 35 (pt 1/2)
Character Range: 63890–66839

35  Newness requirement
 (1) For subparagraph 27(4A)(a)(ii) of the Act, the requirement in lieu of the newness requirement for a plantation forest project or a permanent planting project is that the project has not begun to be implemented, with the exceptions set out in this section.
 (2) Disregard the preparation of any forest management plan before a management action commences.
 (3) Disregard the following activities in relation to the land allocated to the new plantation project activity under section 10:
 (a) site preparation;
 (b) planting;
 (c) leasing or purchasing a tangible asset for the purposes of paragraph (a) or (b);
  when undertaken:
 (d) after the date of the section 22 application or section 29 application; but
 (e) before the project is declared an eligible offsets project by the Regulator.
 (4) Disregard the following activities in relation to the land allocated to the conversion project activity under section 10:
 (a) site preparation;
 (b) planting;
 (c) leasing or purchasing a tangible asset for the purposes of paragraph (a) or (b);
 (d) harvesting, clearing or thinning the short-rotation plantation forest;
  when undertaken:
 (e) after the date of the section 22 application or section 29 application; but
 (f) before the project is declared an eligible offsets project by the Regulator.
 (5) Disregard the following activities in relation to the land allocated to the continuing plantation project activity under section 10:
 (a) site preparation;
 (b) planting;
 (c) leasing or purchasing a tangible asset for the purposes of paragraph (a) or (b);
 (d) harvesting, clearing or thinning the remnant plantation forest;
  when undertaken:
 (e) after the date of the section 22 application or section 29 application; but
 (f) before the project is declared an eligible offsets project by the Regulator.
 (6) Disregard the following activities in relation to the land allocated to the permanent planting project activity under section 10:
 (a) site preparation;
 (b) planting;
 (c) leasing or purchasing a tangible asset for the purposes of paragraph (a) or (b);
 (d) maintaining, harvesting, clearing or thinning the remnant plantation forest;
  when undertaken:
 (e) after the date of the section 22 application or section 29 application; but
 (f) before the project is declared an eligible offsets project by the Regulator.
 (7) To avoid doubt, the leasing or purchase of land before the date of the section 22 application or section 29 application that allocates it to a particular plantation project activity in the application is also to be disregarded.
 (8) For this section:
clearing includes clearfelling.
harvesting includes any removal of forest product.
planting includes purchasing seeds and seedlings, and planting, seeding or coppicing.
site preparation means an action taken to prepare land for planting, including windrow and burn, fertilisation, weed control, mounding and fencing.
Part 4—Net