Commonwealth Numbered Regulations

CARBON CREDITS (CARBON FARMING INITIATIVE) REGULATIONS 2011 (SLI NO 268 OF 2011) - REG 3.36

                The following kinds of project are excluded offsets projects:

                (a)    a project that:

                          (i)    was mandated under a law of the Commonwealth or a State or Territory; and

                         (ii)    is no longer mandatory because the law was repealed after 24 March 2011;

               (b)    the planting of a species in an area where it is a known weed species;

                (c)    the establishment of a forest under a forestry managed investment scheme for Division 394 of Part 3-45 of the Income Tax Assessment Act 1997 ;

               (d)    the cessation or avoidance of the harvest of a plantation;

                (e)    the establishment of vegetation on land that has been subject to illegal clearing of a native forest, or illegal draining of a wetland;

                (f)    the establishment of vegetation on land that has been subject to clearing of a native forest, or draining of a wetland (that was not an illegal clearing or draining), within:

                          (i)    7 years of the lodgement of an application for the project to be declared an eligible offsets project; or

                         (ii)    if there is a change in ownership of the land that constitutes the project area, after the clearing or the draining -- 5 years of the lodgement of an application for the project to be declared an eligible offsets project.