Document ID: chunk:federal_register_of_legislation:F2022L00046:reg:9
Version: federal_register_of_legislation:F2022L00046
Segment Type: reg
Provision Reference: reg 9
Character Range: 24855–26464

9  Eligible land
  Land is eligible land if:
 (a) it meets the following requirements:
 (i) during at least the baseline period in relation to the land, tidal flows were excluded from or impeded, reduced or restricted on the land by one or more tidal restriction mechanisms relating to the project;
 (ii) the carrying out of the eligible project activities for the project would lead to the land becoming impacted land for the project, as evidenced by a current project start tidal inundation map for the project made under section 15; or
 (b) it meets the following requirements:
 (i) during at least the baseline period in relation to the land, it did not experience tidal flows for reasons other than the operation of one or more tidal restriction mechanisms relating to the project;
 (ii) during at least the baseline period in relation to the land, the tidal restriction mechanism or, as the case may be, tidal restriction mechanisms were in operation;
 (iii) the carrying out of the eligible project activities for the project would lead to the land becoming impacted land for the project by the end of the crediting period for the project, as evidenced by:
 (A) if the project is a 25-year permanence period project—a current permanence period tidal inundation map for the project made under section 15;
 (B) if the project is a 100-year permanence period project—a current crediting period tidal inundation map for the project made under section 15.
Note: Land that will become impacted land due to sea level rise during the crediting period for the project will be eligible land under paragraph (b).