Document ID: chunk:federal_register_of_legislation:F2025C00080:clause:1_20b:p1
Version: federal_register_of_legislation:F2025C00080
Segment Type: clause
Provision Reference: sch 1 cl 20B (pt 1/5)
Character Range: 86152–88950

20B  Excluded offsets project—certain new plantation forests
 (1) For paragraph 27(4)(m) and subsection 56(1) of the Act, if the project involves the establishment of a new plantation forest and this section applies to an application under section 22 of the Act—the project is an excluded offsets project if:
 (a) the project proponent did not make a new ERF plantation notification meeting all of the following criteria:
  (i) the new ERF plantation notification was made in the period beginning 18 months before the date of the application under section 22 of the Act and ending on the day of that application (inclusive);
 (ii) all of the proposed project area for the project is within the potential project area set out in the new ERF plantation notification;
 (iii) the size of the proposed project area does not exceed the maximum project area size set out in the new ERF plantation notification;
 (iv) the new ERF plantation notification has not previously been relied upon in relation to an application under section 22 of the Act that resulted in a declaration of an eligible offsets project under subsection 27(2) of the Act;
 (b) both of the following apply:
 (i) within 30 days of a new ERF plantation notification being made the Agriculture Minister has sent the project proponent and the Regulator a written statement:
 (A) stating that the Agriculture Minister intends to make an adverse impact finding in relation to the notification; and
 (B) inviting the project proponent to send a written response to the designated email account within 20 days;
 (ii) one of the following applies:
 (A) within 30 days of sending the written statement referenced in subparagraph (1)(b)(i) the Agriculture Minister sends another written statement to the project proponent and Regulator stating that no written response to the first statement was sent within the 20 days; or
 (B) within 45 days of sending the written statement referenced in subparagraph (1)(b)(i) the Agriculture Minister sends another written statement to the project proponent and Regulator making an adverse impact finding in relation to the notification; or
 (C) less than 45 days have passed since the written statement referenced in subparagraph (1)(b)(i) was sent.
 (2) For paragraph 27(4)(m) and subsection 56(1) of the Act, if the project involves the establishment of a new plantation forest and this section applies to an application under subsection 23(3)—the project is an excluded offsets project if the effect of the application is to add an area of land to the project area for the project and:
 (a) the project proponent did not make an ERF plantation expansion notification meeting all of the following criteria:
  (i) the ERF plantation expansion notification was made in the period beginning 18 months before