Document ID: chunk:federal_register_of_legislation:F2022L00047:clause:6_33:p1
Version: federal_register_of_legislation:F2022L00047
Segment Type: clause
Provision Reference: sch 6 cl 33 (pt 1/2)
Character Range: 59705–62620

33  Additional requirements for a forest management plan for an ex-plantation CEA—general
 (1) For each ex-plantation CEA other than a remnant plantation B CEA, the forest management plan must also:
 (a) provide evidence that demonstrates that all management actions and other management activities to be undertaken or that have been undertaken in relation to the CEA:
 (i) will minimise the risk of adverse impacts from a permanent planting;
 (ii) will ensure the ecological health and viability of the permanent planting over the permanence period; and
 (iii) are consistent with the management of a permanent planting; and
 (b) identify and assess the risks of adverse impacts arising from the permanent planting, including the risks associated with:
 (i) weeds, pests, diseases and fire; and
 (ii) trees in the CEA invading adjacent land; and
 (c) outline all management actions and other management activities that will be undertaken or that have been undertaken in the CEA to mitigate those risks; and
 (d) outline, with supporting evidence, how management actions will be undertaken or have been undertaken in the CEA in accordance with section 31; and
 (e) where the CEA is a permanent planting (environmental) CEA—provide evidence that it satisfies subparagraph 14(5)(a)(ii); and
 (f) where the CEA became a permanent planting (environmental) CEA under section 17 after being a remnant plantation B CEA—provide evidence that it is or will be an environmental planting;
 (g) include a statement made by a qualified independent person that certifies that the person is of the opinion that:
 (i) the management actions and other management activities to be undertaken in relation to the CEA will achieve the outcomes in paragraph (a); and
 (ii) the risk assessment undertaken for paragraph (b) has considered all relevant risk factors in assessing the risks of adverse impacts arising from the permanent planting; and
Note: Where the forest management plan does not change in a reporting period, there is no requirement for a qualified independent person to provide additional certification. This includes planned re-stratifications in ex-plantation CEAs that are outlined in the forest management plan.
 (h) for the duration of the permanence period, require:
 (i) 10 yearly reviews to be undertaken into whether the forestry management plan appropriately maintains the permanent planting; and
 (ii) the plan to be updated, if necessary, to ensure that it continues to appropriately maintain a permanent planting; and
 (i) include a statement signed by the project proponent and each responsible landholder agreeing to take reasonable steps to implement the forest management plan until the end of the permanence period.
 (2) For paragraph (1)(g), a person is a qualified independent person if, at the time the statement is made, they:
 (a) hold qualifications, determined by the Regulator to be necessary to