Document ID: chunk:federal_register_of_legislation:F2018L00562:clause:2_14
Version: federal_register_of_legislation:F2018L00562
Segment Type: clause
Provision Reference: sch 2 cl 14
Character Range: 25627–28337

14  Requirements relating to project area
Requirement to be in high or low rainfall zone
 (1) A project area must not include an area of land that is in neither the high rainfall zone nor the low rainfall zone.
Requirement to maintain vegetation fuel types
 (2) A project area, or a project area part:
 (a) must include an area of land that contains a vegetation fuel type; and
 (b) must not include an area of land that:
 (i) contains a relevant weed species; or
 (ii) contained a vegetation fuel type at the relevant date, but no longer does; or
 (iii) was previously part of the project, or another project under this determination or a savanna emissions avoidance determination, but was removed in accordance with subsection (3), or the equivalent subsection of the Carbon Credits (Carbon Farming Initiative—Savanna Fire Management—Emissions Avoidance) Methodology Determination 2018.
Note: The eligibility requirement of subsection (2) applies regardless of whether the savanna technical guidance document specifies a method of monitoring for relevant weed species and, accordingly, regardless of whether project proponents are required to monitor for weeds in accordance with section 40.
  (3) If an area of land in the project area is found to fit the description in subparagraph (2)(b)(i), (ii) or (iii), or if paragraph 25(4)(a) applies:
 (a) the area may be removed from the project in accordance with section 15; and
 (b) for that purpose, the area may be treated as not having fitted that description before its removal from that project.
 (4) If an area of land in the project area was found to fit the description in subparagraph (2)(b)(i), it is nevertheless taken at a later time not to have fitted the description if the relevant weed species:
 (a) has been permanently removed; and
 (b) was not indicated as being present in the area of land by the latest monitoring for weeds under section 40.
 (5) If the project proponent relies on subsection (3) or (4), the action under paragraph (3)(a) or (4)(a) must be taken:
 (a) as soon as practicable; and
 (b) no later than the end of the reporting period during which the issue came to the attention of the project proponent.
Note: The affected areas may be separated into a separate project area by subdividing under paragraph 15(1)(b) and then removed from the project under paragraph 15(1)(c).
 (6)  For subparagraph (2)(b)(ii), the relevant date is the date of the section 22 application or section 29 application in which the project area is first identified.
Note: The operation of subsection (6) is modified in some cases if the requirement in lieu of the newness requirement set out in paragraph 21(2)(c) was met. See paragraph 21(3)(a).