Document ID: chunk:federal_register_of_legislation:F2025C00080:clause:1_9aa:p3
Version: federal_register_of_legislation:F2025C00080
Segment Type: clause
Provision Reference: sch 1 cl 9AA (pt 3/4)
Character Range: 44212–47259

(5)(aa)(ii) in a subsequent offsets report covering the relevant carbon estimation area;
         the first approval remains relevant to the carbon estimation area despite any subsequent revocation or variation of that approval by the Regulator.

            Note: While this subsection may facilitate the satisfaction of subparagraph (5)(aa)(ii), the other requirements of subsection (5) also need to be satisfied. This may not be possible if the relevant data sources or approaches are no longer available to apply to the carbon estimation area.

        (6) A carbon estimation area has passed its forest cover assessment date, when paragraph (a) and either paragraph (b) or (c) are satisfied:
           (a) either:
              (i) the carbon estimation area contains more than 5 tonnes of carbon per hectare under the modelling undertaken in accordance with the applicable methodology determination for the reporting period for the purpose of preparing the offsets report; or
              (ii) the carbon estimation area is part of an eligible offsets project with less than 5 years of its crediting period remaining;
           (b) if the carbon estimation area is an existing CEA—the date is after the later of:
              (i) the date that is 15 years since the day the eligible offsets project first including the area was declared under section 27 of the Act disregarding any eligible growth disruption period; and
              (ii) the date that is 15 years since the modelling of forest regeneration commenced for the carbon estimation area disregarding any eligible growth disruption period;
           (c) if the carbon estimation area is not an existing CEA—the date more than 15 years since the modelling of forest regeneration commenced for the carbon estimation area disregarding any eligible growth disruption period.

            Note: The modelling of when forest regeneration commences is often described as a regeneration event in the model where carbon stocks begin to increase in the carbon estimation area.

        (7) In this section:

       carbon estimation area, for an eligible offsets projects, has the meaning given by the applicable methodology determination for the reporting period.

       eligible growth disruption period, means the total period of time meeting the following criteria:
           (a) occurs after carbon stocks have begun to increase following the modelling of regeneration;
           (b) during which carbon stocks are modelled not to increase under the applicable methodology determination for the reporting period;
           (c) if subparagraph (6)(b)(i) applies—does not include a period before the day the project was declared under section 27 of the Act; and
           (d) if so much of the total period that occurs after the start of the project's last or only crediting period exceeds 5 years, that period is taken to be 5 years.

            Example: If a project to which paragraph (6)(c) applies had 2 years of its eligible growth disruption period before the start of