Turn the raw legal text into a practical explanation grounded in Carbon Credits (Carbon Farming Initiative) (Avoided Deforestation) Methodology Determination 2013.
This Determination is the Carbon Credits (Carbon Farming Initiative) (Avoided Deforestation) Methodology Determination 2013.
1.2 Commencement
This Determination is taken to have come into force on 1 July 2010.
1.3 Definitions
In this Determination:
above-ground biomass means:
(a) the stem, stump, branches, bark, seeds and foliage of a living tree; or
(b) dead matter attached to a living tree.
Act means the Carbon Credits (Carbon Farming Initiative) Act 2011.
allometric domain means the set of specific conditions under which an allometric equation is likely to apply because the assumptions that underpin the allometric equation are satisfied.
allometric equation means an equation that quantifies the allometric relationship between different dimensions of an organism.
basal area means the cross-sectional area of the stem or stems of a plant or of all plants in a stand, measured at a constant height above ground level.
below-ground biomass means living biomass of the root system.
biomass means vegetation-derived organic matter, and includes living and non‑living matter.
biomass fraction means the proportion of biomass in a tree component relative to the tree of which the component is a part.
biomass residue means the estimated biomass in an area following the deforestation of the area.
biomass stock means the amount of biomass held in a native forest or part of a native forest.
biomass survey means a field-based survey of biomass.
carbon dioxide equivalent (CO2-e) means the carbon dioxide mass equivalent of the biomass or greenhouse gas.
carbon estimation area has the meaning given by section 3.6.
carbon stock means the amount of carbon held in a native forest or part of a native forest.
CFI Mapping Guidelines means the guidelines of that name, as published from time to time, and available on the website of the department that administers the Act.
clearing means the conversion, caused by people, of native forest to a land use other than native forest.
clearing buffer has the meaning given by section 3.5.
clearing consent means approval to commence clearing required by Commonwealth, State or Territory law, issued by the relevant Commonwealth, State, Territory or local regulatory authority responsible for giving the approval.
controlled burn means the controlled application of fire within a carbon estimation area.
cropland means arable or tillable land that is used for producing annual or perennial crops.
debris pool means the biomass from trees cleared.
deforestation has the meaning given in the Regulations.
deforestation plan has the meaning given by subsection 3.12(3).
degradation means a detectable reduction in the biomass of the native forest in the project area where, notwithstanding the reduction, the area remains, or has the potential to remain, a native forest, and includes a reduction caused by management activities.
diameter at breast height means the diameter of the stem of a tree, including the bark, measured at 1.3 metres above ground level.
disturbance means:
(a) degradation; or
(b) natural disturbance.
exclusion area means an area of land within the project area that is not used to estimate abatement.
forest has the meaning given in the Regulations.
fuel wood means biomass collected from trees for burning.
grassland includes:
(a) rangeland;
(b) pasture land that is not cropland; and
(c) vegetated land that is not a forest or native forest.
growth form means a general habit of growth of a plant determined by the direction and extent of growth, and any branching of the main-shoot axis or axes and includes: subshrub; mallee; shrub; and woody vine.
IBRA bioregion means a region described in the latest version of the Interim Biogeographic Regionalisation for Australia published by the department that administers the Environment Protection and Biodiversity Conservation Act 1999.
irregular feature has the meaning given by section 3.2.
land cover assessment means an analysis of remotely-sensed imagery.
Major Vegetation Group means a category of vegetation described in the National Vegetation Information System published by the department that administers the Environment Protection and Biodiversity Conservation Act 1999.
National Inventory System means the national inventory of greenhouse gas emissions published by the department that administers the National Greenhouse and Energy Reporting Act 2007.
NGER Regulations means the National Greenhouse and Energy Reporting Regulations 2008.
non-project tree means a tree in a carbon estimation area that, under the deforestation plan, must not be cleared.
non-project tree buffer means the proportion of non-project tree biomass to tree biomass in a carbon estimation area.
pool means relevant carbon pool or debris pool.
project commencement means the day on which the declaration in relation to the project under subsection 27(2) of the Act takes effect.
project mechanism has the meaning given by section 2.5.
pseudo-random number generator means computer software used for generating a sequence of numbers that approximates the properties of random numbers.
raster means, for a map, the division of the map into a grid of pixels that can be coded according to characteristics of, or relating to, the area represented by the pixel.
Regulations means the Carbon Credits (Carbon Farming Initiative) Regulations 2011.
relevant carbon pool has the meaning given by sections 3.39 and 3.47.
residual means the deviation of one of a set of observations or numbers from the mean of a set.
root:shoot ratio means the ratio of below-ground biomass to above-ground biomass.
seed number means a number input into a pseudo-random number generator for the purposes of generating a sequence of numbers that approximates the properties of random numbers.
shrub means a living plant with a stem diameter of less than 50 millimetres at a height of 1.3 metres.
stratification means the division of the project area into strata in accordance with Division 3.2.
stratum means:
(a) a carbon estimation area;
(b) an exclusion area; or
(c) a clearing buffer.
Targeted Precision has the meaning given by section 3.32.
thinning means the selective removal of trees from native forest, where the removal does not:
(a) amount to clearing; or
(b) result in a reduction of estimated abatement below that already credited under the Determination.
tree has the meaning given in the Regulations.
vector means a coordinate-based spatial data layer that represents geographic features as points, lines, and polygons.
wildfire means a fire that is not a controlled burn.
Note Other words and expressions used in this Determination have the meaning given by the Act. These terms include:
Australian carbon credit unit
baseline
crediting period
eligible offsets project
emission
greenhouse gas
native forest
native forest protection project
natural disturbance
offsets project
offsets report
project
project area
project proponent
Regulator
reporting period
1.4 Kind of project to which this Determination applies
Note: See paragraph 106(1)(a) of the Act.
This Determination applies to a project that is a native forest protection project.
Part 2 Requirements for declaration as eligible project
Note See paragraphs 27(4)(c) and 106(1)(b) of the Act.
2.1 Eligible projects
To be declared an eligible offsets project, a project to which this Determination applies must meet the requirements in this Part.
2.2 Location
The project area must be within Australia, including external territories.
2.3 Project area native forest
The project area must include native forest:
(a) that was native forest on 31 December 1989;
(b) that was native forest at all times between 1 January 1990 and project commencement;
(c) for which there is clearing consent that:
(i) was issued before 1 July 2010;
(ii) provides that clearing is permitted for the purpose of converting the native forest to cropland or grassland;
(iii) does not provide that clearing is permitted for the purpose of converting the native forest to plantation or settlements; and
(iv) provides that the conversion of the native forest to cropland or grassland must be maintained in perpetuity;
(d) from which removal of wood for the purposes of creating timber or wood products is not authorised by law; and
(e) for which there is no permit for the collection of fuel wood.
2.4 Evidence relating to project area native forest
(1) An application under subsection 22(1) of the Act for a declaration of an eligible offsets project to which this Determination applies must be accompanied by evidence as provided by this section.
(2) In relation to paragraph 2.3(a) the project proponent must provide:
(a) National Inventory System forest cover layer data expressed in a vector or raster array in relation to the project area in 1989; or
(b) aerial or remotely-sensed imagery of the project area produced in 1989.
(3) In relation to paragraph 2.3(b) the project proponent must provide:
(a) the most recent National Inventory System forest cover layer data expressed in a vector or raster array in relation to the project area; or
(b) aerial or remotely-sensed imagery of the project area produced no later than one year before the day on which an application under subsection 22(1) of the Act is made.
(4) In relation to paragraph 2.3(c) the project proponent must provide a copy of the clearing consent.
2.5 Project mechanism
(1) The project must protect the native forest mentioned in section 2.3.
(2) For the purposes of subsection (1) the project proponent must:
(a) not clear the native forest mentioned in section 2.3; and
(b) manage the native forest mentioned in section 2.3 in order to achieve a mix of native trees, shrubs and understorey species.
Native forest vegetation mix
(3) The mix mentioned in paragraph (2)(b) must reflect the structure and composition of the vegetation community in a national park, flora reserve, or state forest within the IBRA bioregion in which the project area is situated.
(4) If the IBRA bioregion in which the project area is situated does not contain a national park, flora reserve or state forest, then the mix mentioned in paragraph (2)(b) must reflect the structure and composition of the vegetation community in a native forest in the IBRA bioregion.
(5) The vegetation community mentioned in subsection (3) may be a monoculture if a monoculture can naturally occur within the IBRA bioregion in which the project area is situated.
2.6 Project commencement
(1) If the project proponent wishes the project to be backdated, the project proponent must provide the Regulator with evidence that, before submitting an application under subsection 22(1) of the Act, the project proponent met the requirements set out in section 2.5.
Note Under subsection 27(15) of the Act, a declaration of an eligible offsets project takes effect when an application for a declaration is made or on an earlier day specified in the declaration, provided that the specified day is not earlier than 1 July 2010.
(2) The evidence in subsection (1) must include:
(a) evidence of activities in the project area that:
(i) assisted native forest management; or
(ii) contributed to native forest protection; or
(b) evidence of activities in the project area to estimate carbon stocks; or
(c) registration of carbon property rights under state or territory carbon rights legislation; or
(d) other evidence indicating an intention not to clear the native forest mentioned in section 2.3 in accordance with the clearing consent mentioned in paragraph 2.3(c).