12Restricted activities

12 Restricted activities

  (1) Activities mentioned this section must be conducted in accordance with this section on land that is, or is to be, part of a CEA in the permanence obligation period for the project.

 (2) Woody vegetation may be cleared or thinned only if:

 (a) any clearing or thinning is undertaken in accordance with any applicable regional natural resource management plan and Commonwealth, State, Territory or local government environmental and planning laws; and

 (b) at least one of the following apply:

 (i) the clearing is in accordance with a right or approval from the relevant government body (such as a valid clearing permit) that was already in force before the land became part of the soil carbon project;

 (ii) the clearing is to manage growth of invasive woody weeds;

 (iii) the thinning is to manage pasture;

 (iv) the clearing or thinning is to manage the stock of woody horticulture crop, as part of standard business operations;

 (v) the clearing or thinning is to manage forage crops.

 (3) Non-synthetic fertiliser must not be applied to land at a time that would make it impossible to comply with the requirements for sampling rounds in this determination and the Supplement.

 (4) Land management activities may involve the addition or redistribution of soil using mechanical means (including through clay delving, clay spreading or water ponding) only if:

 (a) any soil is sourced from CEAs that are part of the project; and

 (b) sampling is undertaken at a depth greater than the depth of any soil:

 (i) sourced for the land management activities; and

 (ii) added to the soil profile; and

 (iii) incorporated through the soil profile; and

 (c) the land where any soil is sourced is remediated as soon as is practical.

Note: Remediation could involve returning sandy topsoil to a clay pit immediately after the clay is extracted.

 (5) Soil amendments containing biochar may be added to soil within a CEA only if:

 (a) the use of the biochar is:

 (i) in accordance with a license or permit from a State or Territory which specifically authorises the use of biochar in relation to the area of land; or

 (ii) if a licence or permit under subparagraph (i) is not available—authorised or approved in a written statement from the head (or delegate) of a responsible environmental protection agency in relation to the area of land that references this subparagraph; and

 (b) the biochar was sourced or created from:

 (i) CEAs that are part of the project; or