Document ID: chunk:federal_register_of_legislation:F2021L01696:clause:2_12:p1
Version: federal_register_of_legislation:F2021L01696
Segment Type: clause
Provision Reference: sch 2 cl 12 (pt 1/3)
Character Range: 37651–40305

12  Restricted activities
 (1) Activities mentioned in this section must be conducted in accordance with this section on land that is, or is to be, part of a CEA in the period commencing on the date on which the section 22 application for the project is submitted and ending at the end of the permanence obligation period for the project.
 (2) Woody vegetation may be cleared only if:
 (a) any clearing is undertaken in accordance with any applicable regional natural resource management plan and Commonwealth, State, Territory or local government environmental and planning laws; and
 (b) at least one of the following apply:
 (i) the clearing is to manage woody horticulture crops, as part of standard business operations;
 (ii) the clearing is required to manage woody horticulture crop, following a disturbance;
 (iii) the clearing is to manage growth of a known weed species as defined in the CFI Regulations;
 (iv) the clearing is required to reduce the risk of fire;
 (v) the land was not forest cover in the 5 years prior to the lodgement of the section 22 application for the project or the section 29 application for the land.
 (3) Thinning of the land is only permitted if:
 (a) the thinning is to the extent necessary to comply with Commonwealth, State, Territory or local government environmental and planning laws; or
 (b) the thinning is of woody biomass to be used either:
 (i) as firewood for personal use and the carbon stock in the land after the thinning would not be more than 5% less than it would have been if the biomass was not thinned; or
 (ii) in accordance with traditional indigenous practices or native title rights; or
 (c) at least one of the following apply:
 (i) the thinning is to manage woody horticulture crop, as part of standard business operations;
 (ii) the thinning is required to manage woody horticulture crop, following a natural disturbance;
 (iii) the thinning is to manage growth of a known weed species as defined in the CFI Regulations;
 (iv) the thinning is required to reduce the risk of fire;
 (v) the land was not forest cover in the 5 years prior to the lodgement of the section 22 application for the project or the section 29 application for the land.
 (4) Land management activities may involve the addition or redistribution of soil using mechanical means (including through clay delving, clay spreading or water ponding) only if:
 (a) the soil is sourced from CEAs that are part of the project; and
 (b) sampling is undertaken at a baseline nominated soil depth greater than the depth of any soil:
 (i) sourced for the land management activities; and
 (ii) added to the soil profile; and
 (iii)