Part 1
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Commonwealth legislation
The Carbon Credits (Carbon Farming Initiative) Rule 2015 sets the operational rules for earning Australian Carbon Credit Units (ACCUs) from activities that reduce or store carbon — from reforestation and soil carbon to efficiency projects. It governs project registration, verification, reporting, safeguards against double‑counting, and Commonwealth purchase arrangements, affecting landholders, businesses running projects, the Clean Energy Regulator and assurance bodies. It matters because it ensures ACCUs represent real, additional and verifiable emissions reductions.
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Direct links to the current provisions in Carbon Credits (Carbon Farming Initiative) Rule 2015.
This is the Carbon Credits (Carbon Farming Initiative) Rule 2015.
This instrument is made under section 308 of the Carbon Credits (Carbon Farming Initiative) Act 2011.
(1) In this instrument:
Aboriginal land council, for an area of land, means a body corporate that:
(a) is established under a Commonwealth, State or Territory Act for the purpose of holding, for the benefit of Aboriginal peoples or Torres Strait Islanders:
(i) title to land vested in it by or under that Act; or
(ii) an estate or interest in land granted under that Act; and
(b) has functions relating to land that under a law of the Commonwealth, a State or a Territory is land rights land; and
(c) consists of Aboriginal people or Torres Strait Islanders who:
(i) live in an area to which one or more of the body’s functions relate; or
(ii) are registered as traditional owners of land in an area to which one or more of the body’s functions relate; or
(iii) have an association with an area to which one or more of the body’s functions relate if the persons or Islanders are accepted as members of the land council on the basis of that association.
Act means the Carbon Credits (Carbon Farming Initiative) Act 2011.
alternative assurance project has the meaning given by subsection 73(7).
annual average abatement amount has the meaning given by subsection 75(8).
applicable bushfire legislation means:
(a) for a project in Western Australia, the Bush Fires Act 1954 (WA);
(b) for a project in the Northern Territory, the Bushfires Management Act (NT);
(c) for a project in Queensland, the Fire and Emergency Services Act 1990 (Qld).
approved form means a form approved, in writing, by the Regulator for a provision of this instrument.
audit notice means a notice given to a person under subsection 214(2) of the Act.
audit schedule has the meaning given by subsection 73(2).
audit threshold means an audit threshold set in an audit thresholds instrument.
audit thresholds instrument means an instrument made under subsection 75(4).
authorised referee has the meaning given by subsection 18(4).
authorised representative has the same meaning as in the Registry Regulations.
category A document has the meaning given by:
(a) for an individual who is an Australian citizen or ordinarily resident in Australia—clause 1 of Schedule 1; and
(b) for an individual who is not ordinarily resident in Australia—clause 3 of Schedule 1.
category B document has the meaning given by:
(a) for an individual who is an Australian citizen or ordinarily resident in Australia—clause 2 of Schedule 1; and
(b) for an individual who is not ordinarily resident in Australia—clause 4 of Schedule 1.
certified copy, of a document, means a copy of the document that has been certified as a true copy by:
(a) a person prescribed for the purposes of paragraph 8(b) of the Statutory Declarations Act 1959; or
(c) if the person who is required to provide the document is not in Australia at the time the document must be provided—one of the following:
(i) an Australian embassy, Australian High Commission or Australian consulate (other than a consulate headed by an honorary consul);
(ii) a competent authority under the Convention abolishing the Requirement of Legalisation for Foreign Public Documents, done at The Hague on 5 October 1961.
Note 1: Information about competent authorities under the Convention can be found on the Hague Conference on Private International Law’s website (http://www.hcch.net).
Note 2: The Convention is in Australian Treaty Series 1995 No. 11 ([1995] ATS 11) and could in 2015 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
CFI Mapping Guidelines means the document entitled “Carbon Farming Initiative (CFI) Mapping Guidelines”, published by the Department and as in force from time to time.
Note: The guidelines could in 2015 be viewed on the Department’s website (http://www.environment.gov.au).
CFI Regulations means the Carbon Credits (Carbon Farming Initiative) Regulations 2011.
child: without limiting who is a child of a person for the purposes of this instrument, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.
commencement day means the day this instrument commences.
covered emissions has the same meaning as in the NGER Act.
designated large facility has the same meaning as in the NGER Act.
digital identity of an individual means a distinct electronic representation of the individual that enables the individual to be sufficiently distinguished when interacting online with services.
document verification service means the service known as the Australian Government Document Verification Service, or that service continuing in existence with a different name.
ERF audit report has the same meaning as in the NGER Act.
facility has the same meaning as in the NGER Act.
foreign person means any of the following:
(a) an individual who is not ordinarily resident in Australia;
(b) a body corporate or a corporation sole that:
(i) is incorporated outside Australia; or
(ii) is an authority of a foreign country;
(c) a body politic or a local governing body of a foreign country;
(d) if paragraph (a), (b) or (c) applies to the trustee, or a majority of the trustees, of a trust—the trust.
forward abatement estimate, for an eligible offsets project, means an estimate of the amount of carbon abatement, in tonnes of carbon dioxide equivalent, that corresponds to the number of Australian carbon credit units likely to be issued in relation to the project in respect of:
(a) the crediting period for the project or, if the project has more than one crediting period, the last crediting period for the project; and
(b) any extended accounting period for the project.
Note: The forward abatement estimate for a project must be given to the Regulator:
(a) if the project is a transitioning project—within 60 days after the commencement day (see subsection 75(9)); or
(b) otherwise—with the application for declaration of the project as an eligible offsets project (see paragraph 13(1)(m)).
identity evidence, for a person, means:
(a) if the person’s identity is to be verified by means of digital identity—the person’s digital identity; or
(b) in any other case—the documents required to be given to the Regulator under section 16 for that kind of person, and any document identifiers given in place of such documents.
identity service provider means an accredited participant in the system known as the Australian Government Digital Identity System, or that system continuing in existence with a different name, that provides a service that generates, manages, maintains or verifies information relating to the identity of an individual.
initial audit means an audit covered by section 74.
integrated photovoltaic luminaire unit means an assembled unit that:
(a) contains the following things:
(i) one or more luminaires;
(ii) batteries;
(iii) photovoltaic cells; and
(b) is not connected to an electricity grid.
large project has the meaning given by subsection 75(10).
monitoring requirements, for a project, means requirements to monitor the project that apply under:
(a) the Act; or
(b) the applicable methodology determination.
natural resource management region, for a project area, means the region to which a regional natural resource management plan that covers the project area applies.
NGER Act means the National Greenhouse and Energy Reporting Act 2007.
nominee: a project proponent is the nominee of multiple project proponents if:
(a) the multiple project proponents have nominated the project proponent as their nominee under subsection 136(2) of the Act; and
(b) the nomination is in force.
old CFI Regulations means the Carbon Credits (Carbon Farming Initiative) Regulations 2011 as in force immediately before the commencement day.
operational control has the same meaning as in the NGER Act.
ordinarily resident in Australia: an individual is ordinarily resident in Australia if, at a particular time:
(a) one of the following applies to the individual:
(i) the individual is in Australia and has permission to remain in Australia indefinitely;
(ii) the individual is not in Australia but has a right to re‑enter Australia and, on re‑entry, to be granted permission to remain in Australia indefinitely;
(iii) the individual is in Australia and has a special category visa under section 32 of the Migration Act 1958;
(iv) the individual is not in Australia, is a New Zealand citizen, holds a New Zealand passport and, on re‑entry to Australia, would have the right to be granted a special category visa under section 32 of the Migration Act 1958; and
(b) the individual was in Australia for 200 or more days in the 12 months immediately preceding that time.
parent: without limiting who is a parent of a person for the purposes of this instrument, someone is the parent of a person if the person is his or her child because of the definition of child in this subsection.
permanence obligation period, in relation to an eligible offsets project, means the period from the declaration of the project until the last day the Regulator could issue a notice to relinquish Australian carbon credit units under Division 3 of Part 7 of the Act.
project eligibility requirements, for a project, means requirements that, under any of the following, must be met for the project to be an eligible offsets project:
(a) the Act;
(b) the CFI Regulations;
(c) this instrument;
(d) the applicable methodology determination.
project requirements, in relation to an eligible offsets project or a part of an eligible offsets project, means requirements under the Act, or an instrument made under the Act, that relate to the project or part.
qualified reasonable assurance conclusion has the same meaning as in the National Greenhouse and Energy Reporting (Audit) Determination 2009.
reasonable assurance conclusion has the same meaning as in the National Greenhouse and Energy Reporting (Audit) Determination 2009.
regeneration project means either:
(a) a project whose applicable methodology determination for the reporting period is the Carbon Credits (Carbon Farming Initiative) (Human‑Induced Regeneration of a Permanent Even‑Aged Native Forest—1.1) Methodology Determination 2013 or an earlier version of that determination applicable to the project in accordance with section 125, 126, 127 or 130 of the Act; or
(b) a project whose applicable methodology determination for the reporting period is the Carbon Credits (Carbon Farming Initiative) (Native Forest from Managed Regrowth) Methodology Determination 2013 or an earlier version of that methodology determination applicable to the project in accordance with section 125, 126, 127 or 130 of the Act.
registered cooperative means a body that, under a law of the Commonwealth, a State, a Territory or a foreign country, is registered as a cooperative.
Registry Act means the Australian National Registry of Emissions Units Act 2011.
Registry Regulations means the Australian National Registry of Emissions Units Regulations 2011.
relevant area has the meaning given by subsection 57(1) of the Act.
relevant environmental notice has the meaning given by subsection 61(3).
relevant work health and safety notice has the meaning given by subsection 61(3).
reportable change has the meaning given by subsection 70(5).
savanna emissions avoidance project means an emissions avoidance offsets project to avoid emissions of greenhouse gases from the burning of savannas.
savanna sequestration project means a sequestration offsets project to:
(a) remove carbon dioxide from the atmosphere by sequestering carbon in dead organic matter in savannas; and
(b) avoid emissions of greenhouse gases from the burning of savannas.
scheduled audit has the meaning given by subsection 73(3).
scope 1 emission has the same meaning as in the NGER Act.
section 27 declaration means a declaration under section 27 of the Act in relation to an offsets project.
soil carbon project means a sequestration offsets project that includes removing carbon dioxide from the atmosphere by sequestering carbon in soils.
subsequent audit means an audit covered by section 75.
tidal restoration project means a sequestration offsets project:
(a) that involves the introduction of tidal flow to support the establishment of coastal wetland ecosystems; and
(b) whose applicable methodology determination is the Carbon Credits (Carbon Farming Initiative—Tidal Restoration of Blue Carbon Ecosystems) Methodology Determination 2022 or an earlier version of that determination applicable to the project in accordance with sections 125, 126, 127 or 130 of the Act.
transferee offsets project has the meaning given by subsection 57(1) of the Act.
transferor offsets project has the meaning given by subsection 57(1) of the Act.
transitioning project means a project that was declared to be an eligible offsets project before the commencement day.
trigger audit threshold means a trigger audit threshold set in an audit thresholds instrument.
triggered audit means an audit covered by section 77, 78 or 79.
variance audit threshold means a variance audit threshold set in an audit thresholds instrument.
(2) For the purposes of this instrument, if one person is the child of another person because of the definition of child in subsection (1), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.
For paragraphs (a) to (d) of the definition of Crown lands Minister in section 5 of the Act, the following table sets out the Crown lands Minister in relation to each State and Territory.
<table cellspacing="0" cellpadding="0" style="margin-left:0.25pt; border-collapse:collapse"><thead><tr><td colspan="3" style="width:404.8pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Crown lands Minister in relation to each State and Territory</span></p></td></tr><tr><td style="width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Item</span></p></td><td style="width:123.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading" style="page-break-inside:avoid"><span>State or Territory</span></p></td><td style="width:234.95pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading" style="page-break-inside:avoid"><span>Crown lands Minister</span></p></td></tr></thead><tbody><tr><td style="width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:123.35pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="page-break-inside:avoid; page-break-after:avoid"><span>New South Wales</span></p></td><td style="width:234.95pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="page-break-inside:avoid; page-break-after:avoid"><span>Whichever of the following applies:</span></p><p class="Tablea" style="page-break-inside:avoid; page-break-after:avoid"><span>(a) for an area to which the </span><span style="font-style:italic">Crown Lands Act 1989</span><span> (NSW) applies—the Minister who administers that Act;</span></p><p class="Tablea" style="page-break-inside:avoid; page-break-after:avoid"><span>(b) for an area to which the </span><span style="font-style:italic">Western Lands Act 1901</span><span> (NSW) applies—the Minister who administers that Act.</span></p></td></tr><tr><td style="width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:123.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Victoria</span></p></td><td style="width:234.95pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The Minister who administers Part</span><span> </span><span>5 of the </span><span style="font-style:italic">Climate Change Act 2010 </span><span>(Vic.).</span></p></td></tr><tr><td style="width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>3</span></p></td><td style="width:123.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Queensland</span></p></td><td style="width:234.95pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The Minister who administers the </span><span style="font-style:italic">Land Act 1994</span><span> (Qld) (other than subsections</span><span> </span><span>452A(2) and (3) of that Act).</span></p></td></tr><tr><td style="width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>4</span></p></td><td style="width:123.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Western Australia</span></p></td><td style="width:234.95pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The Minister who administers the </span><span style="font-style:italic">Land Administration Act 1997 </span><span>(WA).</span></p></td></tr><tr><td style="width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5</span></p></td><td style="width:123.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>South Australia</span></p></td><td style="width:234.95pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The Minister who administers the </span><span style="font-style:italic">Crown Land Management Act 2009 </span><span>(SA).</span></p></td></tr><tr><td style="width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>6</span></p></td><td style="width:123.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Tasmania</span></p></td><td style="width:234.95pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The Minister who administers the </span><span style="font-style:italic">Forestry Rights Registration Act 1990</span><span> (Tas.).</span></p></td></tr><tr><td style="width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>7</span></p></td><td style="width:123.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Australian Capital Territory</span></p></td><td style="width:234.95pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The Minister who administers the </span><span style="font-style:italic">Land Titles Act 1925 </span><span>(ACT).</span></p></td></tr><tr><td style="width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>8</span></p></td><td style="width:123.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Northern Territory</span></p></td><td style="width:234.95pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The Minister who administers the Crown Lands Act (NT).</span></p></td></tr><tr><td style="width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>9</span></p></td><td style="width:123.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Jervis Bay Territory, and all external Territories</span></p></td><td style="width:234.95pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The Minister who administers the </span><span style="font-style:italic">Jervis Bay Territory Acceptance Act 1915</span><span>.</span></p></td></tr></tbody></table>
For subparagraph (d)(ii) of the definition of statutory authority in section 5 of the Act, the following are specified: (a) an Aboriginal Land Council as defined in subsection 4(1) of the Aboriginal Land Rights Act 1983 (NSW); (b) a Trust as defined in section 2 of the Aboriginal Lands Act 1970 (Vic.); (c) a land trust as defined in: (i) Schedule 1 to the Aboriginal Land Act 1991 (Qld); or (ii) Schedule 1 to the Torres Strait Islander Land Act 1991 (Qld); (d) the Aboriginal Lands Trust established by subsection 20(1) of the Aboriginal Affairs Planning Authority Act 1972 (WA); (e) the Aboriginal Lands Trust constituted under subsection 5(1) of the Aboriginal Lands Trust Act 1966 (SA); (f) the Anangu Pitjantjatjara Yankunytjatjara as defined in subsection 4(1) of the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 (SA); (g) the Maralinga Tjarutja as defined in section 3 of the Maralinga Tjarutja Land Rights Act 1984 (SA); (h) the Council as defined in section 3 of the Aboriginal Lands Act 1995 (Tas.).
If: (a) a document relating to an eligible offsets project is required or permitted by this instrument to be given to a project proponent; and (b) there are multiple project proponents; and (c) the document is given to the nominee of the multiple project proponents; the document is taken to have been given to each of the multiple project proponents.
(1) For subsection 7(2) of the Act, an electronic notice must be transmitted using the Regulator’s website. (2) The electronic notice must be transmitted by: (a) an individual who is a registered holder of the Registry account to which the notice relates; or (b) an authorised representative of the registered holder who has been given access to a Registry account under subregulation 31(2) of the Registry Regulations.
(1) For subsection 7A(1) of the Act, an eligible offsets project that is covered by either of the following methodology determinations has an extended accounting period of 6 years: (a) the Carbon Credits (Carbon Farming Initiative—Alternative Waste Treatment) Methodology Determination 2015; (b) the Carbon Credits (Carbon Farming Initiative—Source Separated Organic Waste) Methodology Determination 2016. (2) For subsection 7A(1) of the Act, an eligible offsets project that is covered by the Carbon Credits (Carbon Farming Initiative—Carbon Capture and Storage) Methodology Determination 2021 and does not have a return event (within the meaning of section 26 of that determination) within its crediting period, has an extended accounting period ending on the earlier of: (a) the day after that return event occurs; and (b) 25 years after the end of the project’s crediting period. (3) In this section a reference to a methodology determination includes an earlier version of that methodology determination applicable to the project in accordance with sections 125, 126, 127 or 130 of the Act.
For paragraph 13(1)(d) of the Act, the following information must accompany an application for a certificate of entitlement in respect of an eligible offsets project for a reporting period: (a) the unique project identifier for the project; (b) the name of: (i) the applicant; or (ii) if there are multiple project proponents—the nominee of the project proponents; (c) the end date of the reporting period; (d) if the project is covered by item 387 of Schedule 1 to the Carbon Farming Initiative Amendment Act 2014—the carbon dioxide equivalent net sequestration amount for the project for the crediting period in which the reporting period is included, worked out in accordance with the applicable methodology determination; (e) if the project is not covered by item 387 of Schedule 1 to the Carbon Farming Initiative Amendment Act 2014—the carbon dioxide equivalent net abatement amount for the project for the reporting period, worked out in accordance with the applicable methodology determination; (f) whether, since the application for a section 27 declaration in relation to the project was made, any changes have occurred that may mean that a project proponent does not pass the fit and proper person test; (g) a signed statement by the applicant that the offsets report about the project for the reporting period meets the requirements in subsections 76(4) and (7) of the Act; (h) a signed statement by the applicant that all of the requirements in paragraphs 15(2)(a) to (h) of the Act that are relevant to the project have been met; (i) a signed statement by the applicant that the information included in, and the information accompanying, the application: (i) meets the requirements in this section; and (ii) is accurate.
For paragraph 13(1)(e) of the Act: (a) an application for a certificate of entitlement in respect of an eligible offsets project for a reporting period is subject to audit under the Act if the offsets report for the project for the reporting period is subject to audit under the Act; and (b) the audit report that must accompany the application is the audit report that must accompany the offsets report.
Note: For audit requirements in relation to offsets reports, see Division 3 of Part 6.
(1) For paragraph 15(2)(h) of the Act, this section specifies eligibility requirements that must be met in order for a certificate of entitlement to be issued in respect of an eligible offsets project for a reporting period. Requirement relating to audit reports (2) It is an eligibility requirement that an audit report accompanying the application for the certificate of entitlement must set out, for each of the matters audited, one of the following results: (a) a reasonable assurance conclusion; (b) a qualified reasonable assurance conclusion. Requirement relating to regulatory approvals (3) It is an eligibility requirement that, if: (a) a regulatory approval is required for the project because of a change in the way the project is being operated; and (b) neither of the following apply: (i) the application for a section 27 declaration in relation to the project was, in accordance with paragraph 13(1)(j), accompanied by information about the approval; (ii) the section 27 declaration in relation to the project was, under subsection 28(2) of the Act, subject to the condition that the approval be obtained; the approval must be obtained for the project. Requirement relating to requirements in lieu of government program requirement (4) It is an eligibility requirement that, throughout the reporting period, the project met the requirements set out in section 21. Requirement relating to consent (5) It is an eligibility requirement that, if: (a) an offsets project involves carbon abatement at a facility that is, or is likely to be, a designated large facility for the current financial year; and (b) the project proponent, or (if there are multiple project proponents) one of the project proponents, does not have operational control of the facility; the project proponent, or (if there are multiple project proponents) one of the project proponents, must have consent to carry out the project from the person who has operational control of the facility immediately before the Regulator issues the certificate of entitlement under subsection 15(2) of the Act.
Note: The consent required by this subsection may already have been obtained at the declaration of the eligible offset project to comply with section 20.
Requirement relating to compliance with bushfire legislation (6) If an offsets project is a savanna emissions avoidance project or savanna sequestration project—it is an eligibility requirement that, throughout the reporting period, any burning of the project area that: (a) was carried out as part of the project; and (b) required a permit under the applicable bushfire legislation; was carried out: (c) during the time allowed under a relevant permit; or (d) outside the time allowed under a relevant permit in circumstances where: (i) the Regulator is satisfied that there was a reasonable excuse why activities were carried out without a relevant permit; and (ii) no one was found by a court to have breached the applicable bushfire legislation because of the failure to obtain a permit; and (iii) there is not a history of failure to obtain permits required by the applicable bushfire legislation in relation to the project area since the declaration of the project as an eligible offsets project. (7) Subsection (6) does not apply to any part of a reporting period that occurs before 1 May 2018. Requirement relating to activities to reduce covered emissions of greenhouse gases at designated large facilities (8) It is an eligibility requirement that, if the project involved an activity that the project proponent began to undertake after the commencement of this subsection (the new activity), the new activity must not have resulted in carbon abatement of covered emissions of greenhouse gases from the operation of a designated large facility, unless the requirements in subsection (9) have been met. (9) The requirements are: (a) the new activity was described in the application under section 22 of the Act for the declaration of the project as an eligible offsets project; or (b) the project involved another activity (the old activity) that was undertaken and resulted in carbon abatement of covered emissions of greenhouse gases from the operation of the same designated large facility, and the old activity was described in the application under section 22 of the Act for the declaration of the project as an eligible offsets project; or (c) all of the following apply: (i) the new activity also resulted in carbon abatement of emissions other than covered emissions of greenhouse gases from the operation of the designated large facility; (ii) the methodology determination that covers the project provides a method for working out the carbon dioxide equivalent net abatement amount for the project in relation to the reporting period that does not include carbon abatement of covered emissions from the operation of the designated large facility; (iii) that method was used when the carbon dioxide equivalent net abatement amount for the project was worked out in relation to the reporting period. (10) In subsection (8), operation has the same meaning as in the NGER Act.
(1) For paragraph 15(2)(h) of the Act, this section specifies eligibility requirements that must be met in order for a certificate of entitlement to be issued in respect of an eligible offsets project that is a regeneration project for a reporting period.
Note: The fact that these requirements are not met in relation to a reporting period does not mean that they cannot be met in relation to a subsequent reporting period within the crediting period; for example, if at the end of that subsequent reporting period forest cover has been attained.
(2) If the offsets report for the reporting period was required to include information in accordance with paragraph 70(3A)(a)—it is an eligibility requirement that the information provided in the report, and any documents included in accordance with paragraph 71(c) to support such information, are sufficient to enable the Regulator to determine if the forest potential requirement of the applicable methodology determination for the reporting period is satisfied in relation to all carbon estimation areas that are included in the offsets report.
(3) It is an eligibility requirement that all carbon estimation areas that:
(a) are included in the offsets report for the reporting period; and
(b) are past their forest cover assessment date;
have attained forest cover by or before the end of the reporting period.
Note 1: Under the applicable methodology determination for the regeneration project a project proponent may choose to re‑stratify the carbon estimation areas to ensure that this requirement is met in relation to a reporting period. Under section 77A of the Act a project proponent may also choose to report on all carbon estimation areas that meet this requirement in advance of any carbon estimation areas which do not meet this requirement.
Note 2: It is intended that audit reports provided under section 79A or otherwise provided to the Regulator will be used to assist the Regulator to verify this requirement. Under subsection 9(2) if an audit report does not set out a reasonable assurance conclusion or qualified reasonable assurance conclusion a certificate of entitlement may not be issued.
(4) For the purpose of subsection (3), a carbon estimation area has attained forest cover if:
(a) both of the following apply:
(i) over 90% of the area of the carbon estimation area is identified as having forest cover in accordance with the most recent version of the maps that form the basis of the National Inventory Report;
(ii) that version of the maps does not identify any pre‑existing forest cover in the carbon estimation area, taking into account any guidelines published by the Regulator on its website for the purpose of this subparagraph, as in force from time to time; or
Note: In 2019, the Regulator’s website was http://www.cleanenergyregulator.gov.au. Under the applicable methodology determination for the regeneration project a project proponent may choose to re‑stratify the carbon estimation areas to exclude areas shown as pre‑existing forest cover, or areas that have not attained forest cover, to enable this requirement to be met in relation to a reporting period.
(b) when assessed in 0.2 hectare portions, over 90% of those portions have attained forest cover such that the land in each portion has trees that:
(i) are 2 metres or more in height; and
(ii) provide crown cover of at least 20% of the land.
Note: The fact that a carbon estimation area is considered to have attained forest cover under this subsection does not mean that any requirements relating to forest cover or forest potential under the applicable methodology determination for the project are satisfied.
(5) The assessment of 0.2 hectare portions for a carbon estimation area under paragraph (4)(b) must:
(a) comply with any requirements set out in the CFI Mapping Guidelines for the purpose of this paragraph; and
(aa) use data sources and data processing approaches that:
(i) the Regulator is satisfied are either:
(A) the same as, or equivalent to, those relied upon to demonstrate that the carbon estimation area did not have any pre‑existing forest cover; or
(B) if it is no longer possible or appropriate to use the data sources and data processing approaches in sub‑subparagraph (A)—are consistent with, or comparable to, those data sources and data processing approaches; and
(ii) are approved by the Regulator on a list published on its website or are otherwise approved by the Regulator in writing, having regard to the requirements of subparagraph (i); and
(b) take into account any guidelines published by the Regulator on its website for the purpose of this paragraph, as in force from time to time.
Note: In 2018, the Regulator’s website was http://www.cleanenergyregulator.gov.au.
(5A) For subparagraph (5)(aa)(ii), if:
(a) a project proponent has relied upon an approval under subparagraph (5)(aa)(ii) in an offsets report covering the relevant carbon estimation area (the first approval); and
(b) the project proponent has not relied on another approval under subparagraph (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 its crediting period and 6 years of eligible growth disruption after the start of its crediting period, its eligible growth disruption period would be 2+5=7 years.
existing CEA means a carbon estimation area consisting only of an area that was part of the project area for a regeneration project on 15 August 2018.
forest potential requirement means a requirement for an area of land to have forest potential, within the meaning of the applicable methodology determination for the reporting period, for the land to be included in a carbon estimation area for the project.
National Inventory Report means the report of that name produced by Australia in fulfilment of its obligations under the Climate Change Convention and the Kyoto Protocol, as in force from time to time.
Note: In 2018, the National Inventory Report could be accessed from http://www.environment.gov.au.
pre‑existing forest cover, for a carbon estimation area, means forest cover that existed:
(a) if the applicable methodology determination for the reporting period is the Carbon Credits (Carbon Farming Initiative) (Native Forest from Managed Regrowth) Methodology Determination 2013 or an earlier version of that methodology determination applicable to the project in accordance with sections 125, 126, 127 or 130 of the Act—at the time of the decision to implement the project mechanism (within the meaning of that determination) in the carbon estimation area;
(b) if the applicable methodology determination for the reporting period is the Carbon Credits (Carbon Farming Initiative) (Human‑Induced Regeneration of a Permanent Even‑Aged Forest—1.1) Methodology Determination 2013 as in force at any time until 21 March 2016—immediately before project commencement (within the meaning of that determination) for the carbon estimation area;
(c) if the applicable methodology determination for the reporting period is the Carbon Credits (Carbon Farming Initiative) (Human‑Induced Regeneration of a Permanent Even‑Aged Forest—1.1) Methodology Determination 2013 as in force at any time after 21 March 2016—at any time during the baseline period (within the meaning of that determination) for the carbon estimation area.
tree means a perennial plant that has primary supporting structures consisting of secondary xylem.
Short rotation plantation forestry projects (1) This section applies in relation to a project: (a) that includes the establishment of a plantation for the harvest of forest products that is established by planting or seeding; and (b) for which the length of any of the rotations of a plantation that is part of the project from the planting, seeding or coppicing to the subsequent clearfelling during the 100 year period after the section 27 declaration will be less than 20 years. Continuing plantation forestry projects (1A) This section also applies in relation to a project: (a) that includes the establishment or continuation of a plantation for the harvest of forest products that is established or continued by planting, seeding or coppicing; and (b) whose project area includes land that, in the 7 years before the project proponent applied for the area of land to be part of the project area for the project, was managed as a plantation for the harvest of forest products; and (c) for which the project activity does not only relate to the conversion of one or more plantations from short rotations (as described in paragraph (1)(b)), to long rotations of at least 20 years.
Note: Under subparagraph (c)(ii) of the definition of “permanence period discount number” in subsection 16(2) of the Act, this subsection applies to projects whose crediting period started on or after 31 January 2022 (whether or not the project was of this kind at the start of the crediting period or becomes of this kind, such as on the addition of land to the project area of the project).
(2) For subparagraph (c)(ii) of the definition of “permanence period discount number” in subsection 16(2) of the Act, the permanence period discount number is 25%.
(1) This section applies in relation to a savanna sequestration project or tidal restoration project. (2) For subparagraph (c)(ii) of the definition of “permanence period discount number” in subsection 16(2) of the Act, the permanence period discount number is zero percent. (3) For subparagraph (b)(i) of the definition of “risk of reversal buffer number” in subsection 16(2) of the Act, the risk of reversal buffer number is zero percent.
For paragraph 20CA(1)(a) of the Act, in setting the duration of a proposed carbon abatement contract, the Regulator must have regard to the following: (a) the principle that, in general, the duration of a carbon abatement contract for the purchase of Australian carbon credit units should not be longer than 7 years; (b) the principle that a longer duration of a carbon abatement contract for the purchase of Australian carbon credit units may be appropriate if the units are, or are to be, derived from an eligible offsets project that has a crediting period of more than 7 years; (c) the principle that, if a longer duration of a carbon abatement contract for the purchase of Australian carbon credit units is appropriate, the total duration of the contract should not be longer than 10 years.
(1) This section is made for the purposes of subsection 20C(3) of the Act. (2) An eligible offsets project that is likely to involve carbon abatement of covered emissions of greenhouse gases from the operation of a designated large facility for a financial year, and which does not meet all of the criteria in subsection (3), is specified. (3) The criteria are: (a) the project must also be likely to involve carbon abatement of emissions other than covered emissions of greenhouse gases from the operation of the designated large facility; (b) the methodology determination that covers the project must provide a method for working out the carbon dioxide equivalent net abatement amount for the project in relation to a reporting period that does not include carbon abatement of covered emissions from the operation of the designated large facility; (c) that method must be used when working out the carbon dioxide equivalent net abatement amount for the project in relation to a reporting period. (4) In this section, operation has the same meaning as in the NGER Act.
For paragraph 20G(2)(b) of the Act, if the Regulator publishes, on the Regulator’s website, guidelines that deal with the following matters in respect of a carbon abatement purchasing process, the Regulator must have regard to the guidelines in conducting the process: (a) the terms and conditions for participation in the process; (b) the form of a bid or offer in the process; (c) the determination of successful bids or offers; (d) the consequences if a participant engages in conduct that may affect the integrity of the process; (e) the circumstances in which a participant may be disqualified from the process; (f) the circumstances in which a bid or offer, or the process as a whole, may be cancelled.
For paragraph 20H(1)(a) of the Act, Australian carbon credit units purchased by the Commonwealth under a carbon abatement contract must be transferred to the Commonwealth registry account designated as the Commonwealth Emissions Reduction Fund Delivery Account.
Note: Australian carbon credit units cannot be transferred to the Commonwealth Emissions Reduction Fund Delivery Account from another Commonwealth registry account that is used for the purposes of delivering or cancelling Australian carbon credit units.
(1) This section is made for the purposes of paragraph 20H(1)(aa) of the Act. (2) The Regulator may sell one or more Australian carbon credit units held in the Commonwealth registry account designated as the Commonwealth Emissions Reduction Fund Delivery Account in the circumstances specified in subsection (3), for the price specified in subsection (4). (3) The circumstances are: (a) the units will be purchased by a responsible emitter for a designated large facility (the purchaser); and (b) the sale will occur pursuant to a contract between the Regulator and the purchaser; and (c) under the contract, the purchaser must agree to surrender the units under section 22XN of the NGER Act for the purpose of reducing the net emissions number of the facility for a specified period; and (d) at the time the Regulator enters into the contract, the Regulator is satisfied: (i) that the surrender is for the purpose of ensuring that an excess emissions situation does not exist in relation to the facility for the period; and (ii) that the conditions in paragraphs 22XN(1)(a)‑(c) of the NGER Act will be met in relation to the proposed surrender; and (e) the units will be transferred to the purchaser on or after 1 July 2023. (4) The price is $75 per Australian carbon credit unit, indexed in accordance with section 11AC.
Note: Section 11AC provides for the price to be indexed from 1 July 2024 and in subsequent financial years by a rate calculated by reference to the increase to the All Groups Consumer Price Index, plus 2 per cent.
(5) The following expressions used in subsection (3) have the same meaning as in the NGER Act: (a) excess emissions situation; (b) net emissions number; (c) responsible emitter. (6) To avoid doubt, a contract under paragraph (3)(b) for the sale of Australian carbon credit units by the Regulator is taken not to be an instrument made under the Act.
(1) At the start of each financial year (an indexation year) beginning on or after 1 July 2024, the price specified in subsection 11AB(4) is replaced by the amount worked out using the following formula: Indexation factor for the indexation year × Dollar amount for the previous year (2) The indexation factor for an indexation year is the number worked out using the following formula: Start formula start fraction Index number for the reference quarter over Index number for the base quarter end fraction plus 0.02 end formula where: base quarter means the last March quarter before the reference quarter. index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter. reference quarter means the March quarter immediately before the indexation year. (3) An indexation factor is to be calculated to 3 decimal places (rounding up if the fourth decimal place is 5 or more). (4) If an indexation factor worked out under subsection (2) would be less than 1, that indexation factor is to be increased to 1.
(5) Calculations under subsection (2):
(a) are to be made using only the index numbers published in terms of the most recently published index reference period; and
(b) are to be made disregarding index numbers that are published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).
(6) An amount worked out under subsection (1) is to be calculated to 2 decimal places (rounding up if the third decimal place is 5 or more).
The Regulator may, in writing, approve one or more forms for the purposes of conducting carbon abatement purchase processes.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This is the Carbon Credits (Carbon Farming Initiative) Rule 2015.
This instrument is made under section 308 of the Carbon Credits (Carbon Farming Initiative) Act 2011.
(1) In this instrument:
Aboriginal land council, for an area of land, means a body corporate that:
(a) is established under a Commonwealth, State or Territory Act for the purpose of holding, for the benefit of Aboriginal peoples or Torres Strait Islanders:
(i) title to land vested in it by or under that Act; or
(ii) an estate or interest in land granted under that Act; and
(b) has functions relating to land that under a law of the Commonwealth, a State or a Territory is land rights land; and
(c) consists of Aboriginal people or Torres Strait Islanders who:
(i) live in an area to which one or more of the body’s functions relate; or
(ii) are registered as traditional owners of land in an area to which one or more of the body’s functions relate; or
(iii) have an association with an area to which one or more of the body’s functions relate if the persons or Islanders are accepted as members of the land council on the basis of that association.
Act means the Carbon Credits (Carbon Farming Initiative) Act 2011.
alternative assurance project has the meaning given by subsection 73(7).
annual average abatement amount has the meaning given by subsection 75(8).
applicable bushfire legislation means:
(a) for a project in Western Australia, the Bush Fires Act 1954 (WA);
(b) for a project in the Northern Territory, the Bushfires Management Act (NT);
(c) for a project in Queensland, the Fire and Emergency Services Act 1990 (Qld).
approved form means a form approved, in writing, by the Regulator for a provision of this instrument.
audit notice means a notice given to a person under subsection 214(2) of the Act.
audit schedule has the meaning given by subsection 73(2).
audit threshold means an audit threshold set in an audit thresholds instrument.
audit thresholds instrument means an instrument made under subsection 75(4).
authorised referee has the meaning given by subsection 18(4).
authorised representative has the same meaning as in the Registry Regulations.
category A document has the meaning given by:
(a) for an individual who is an Australian citizen or ordinarily resident in Australia—clause 1 of Schedule 1; and
(b) for an individual who is not ordinarily resident in Australia—clause 3 of Schedule 1.
category B document has the meaning given by:
(a) for an individual who is an Australian citizen or ordinarily resident in Australia—clause 2 of Schedule 1; and
(b) for an individual who is not ordinarily resident in Australia—clause 4 of Schedule 1.
certified copy, of a document, means a copy of the document that has been certified as a true copy by:
(a) a person prescribed for the purposes of paragraph 8(b) of the Statutory Declarations Act 1959; or
(c) if the person who is required to provide the document is not in Australia at the time the document must be provided—one of the following:
(i) an Australian embassy, Australian High Commission or Australian consulate (other than a consulate headed by an honorary consul);
(ii) a competent authority under the Convention abolishing the Requirement of Legalisation for Foreign Public Documents, done at The Hague on 5 October 1961.
Note 1: Information about competent authorities under the Convention can be found on the Hague Conference on Private International Law’s website (http://www.hcch.net).
Note 2: The Convention is in Australian Treaty Series 1995 No. 11 ([1995] ATS 11) and could in 2015 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
CFI Mapping Guidelines means the document entitled “Carbon Farming Initiative (CFI) Mapping Guidelines”, published by the Department and as in force from time to time.
Note: The guidelines could in 2015 be viewed on the Department’s website (http://www.environment.gov.au).
CFI Regulations means the Carbon Credits (Carbon Farming Initiative) Regulations 2011.
child: without limiting who is a child of a person for the purposes of this instrument, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.
commencement day means the day this instrument commences.
covered emissions has the same meaning as in the NGER Act.
designated large facility has the same meaning as in the NGER Act.
digital identity of an individual means a distinct electronic representation of the individual that enables the individual to be sufficiently distinguished when interacting online with services.
document verification service means the service known as the Australian Government Document Verification Service, or that service continuing in existence with a different name.
ERF audit report has the same meaning as in the NGER Act.
facility has the same meaning as in the NGER Act.
foreign person means any of the following:
(a) an individual who is not ordinarily resident in Australia;
(b) a body corporate or a corporation sole that:
(i) is incorporated outside Australia; or
(ii) is an authority of a foreign country;
(c) a body politic or a local governing body of a foreign country;
(d) if paragraph (a), (b) or (c) applies to the trustee, or a majority of the trustees, of a trust—the trust.
forward abatement estimate, for an eligible offsets project, means an estimate of the amount of carbon abatement, in tonnes of carbon dioxide equivalent, that corresponds to the number of Australian carbon credit units likely to be issued in relation to the project in respect of:
(a) the crediting period for the project or, if the project has more than one crediting period, the last crediting period for the project; and
(b) any extended accounting period for the project.
Note: The forward abatement estimate for a project must be given to the Regulator:
(a) if the project is a transitioning project—within 60 days after the commencement day (see subsection 75(9)); or
(b) otherwise—with the application for declaration of the project as an eligible offsets project (see paragraph 13(1)(m)).
identity evidence, for a person, means:
(a) if the person’s identity is to be verified by means of digital identity—the person’s digital identity; or
(b) in any other case—the documents required to be given to the Regulator under section 16 for that kind of person, and any document identifiers given in place of such documents.
identity service provider means an accredited participant in the system known as the Australian Government Digital Identity System, or that system continuing in existence with a different name, that provides a service that generates, manages, maintains or verifies information relating to the identity of an individual.
initial audit means an audit covered by section 74.
integrated photovoltaic luminaire unit means an assembled unit that:
(a) contains the following things:
(i) one or more luminaires;
(ii) batteries;
(iii) photovoltaic cells; and
(b) is not connected to an electricity grid.
large project has the meaning given by subsection 75(10).
monitoring requirements, for a project, means requirements to monitor the project that apply under:
(a) the Act; or
(b) the applicable methodology determination.
natural resource management region, for a project area, means the region to which a regional natural resource management plan that covers the project area applies.
NGER Act means the National Greenhouse and Energy Reporting Act 2007.
nominee: a project proponent is the nominee of multiple project proponents if:
(a) the multiple project proponents have nominated the project proponent as their nominee under subsection 136(2) of the Act; and
(b) the nomination is in force.
old CFI Regulations means the Carbon Credits (Carbon Farming Initiative) Regulations 2011 as in force immediately before the commencement day.
operational control has the same meaning as in the NGER Act.
ordinarily resident in Australia: an individual is ordinarily resident in Australia if, at a particular time:
(a) one of the following applies to the individual:
(i) the individual is in Australia and has permission to remain in Australia indefinitely;
(ii) the individual is not in Australia but has a right to re‑enter Australia and, on re‑entry, to be granted permission to remain in Australia indefinitely;
(iii) the individual is in Australia and has a special category visa under section 32 of the Migration Act 1958;
(iv) the individual is not in Australia, is a New Zealand citizen, holds a New Zealand passport and, on re‑entry to Australia, would have the right to be granted a special category visa under section 32 of the Migration Act 1958; and
(b) the individual was in Australia for 200 or more days in the 12 months immediately preceding that time.
parent: without limiting who is a parent of a person for the purposes of this instrument, someone is the parent of a person if the person is his or her child because of the definition of child in this subsection.
permanence obligation period, in relation to an eligible offsets project, means the period from the declaration of the project until the last day the Regulator could issue a notice to relinquish Australian carbon credit units under Division 3 of Part 7 of the Act.
project eligibility requirements, for a project, means requirements that, under any of the following, must be met for the project to be an eligible offsets project:
(a) the Act;
(b) the CFI Regulations;
(c) this instrument;
(d) the applicable methodology determination.
project requirements, in relation to an eligible offsets project or a part of an eligible offsets project, means requirements under the Act, or an instrument made under the Act, that relate to the project or part.
qualified reasonable assurance conclusion has the same meaning as in the National Greenhouse and Energy Reporting (Audit) Determination 2009.
reasonable assurance conclusion has the same meaning as in the National Greenhouse and Energy Reporting (Audit) Determination 2009.
regeneration project means either:
(a) a project whose applicable methodology determination for the reporting period is the Carbon Credits (Carbon Farming Initiative) (Human‑Induced Regeneration of a Permanent Even‑Aged Native Forest—1.1) Methodology Determination 2013 or an earlier version of that determination applicable to the project in accordance with section 125, 126, 127 or 130 of the Act; or
(b) a project whose applicable methodology determination for the reporting period is the Carbon Credits (Carbon Farming Initiative) (Native Forest from Managed Regrowth) Methodology Determination 2013 or an earlier version of that methodology determination applicable to the project in accordance with section 125, 126, 127 or 130 of the Act.
registered cooperative means a body that, under a law of the Commonwealth, a State, a Territory or a foreign country, is registered as a cooperative.
Registry Act means the Australian National Registry of Emissions Units Act 2011.
Registry Regulations means the Australian National Registry of Emissions Units Regulations 2011.
relevant area has the meaning given by subsection 57(1) of the Act.
relevant environmental notice has the meaning given by subsection 61(3).
relevant work health and safety notice has the meaning given by subsection 61(3).
reportable change has the meaning given by subsection 70(5).
savanna emissions avoidance project means an emissions avoidance offsets project to avoid emissions of greenhouse gases from the burning of savannas.
savanna sequestration project means a sequestration offsets project to:
(a) remove carbon dioxide from the atmosphere by sequestering carbon in dead organic matter in savannas; and
(b) avoid emissions of greenhouse gases from the burning of savannas.
scheduled audit has the meaning given by subsection 73(3).
scope 1 emission has the same meaning as in the NGER Act.
section 27 declaration means a declaration under section 27 of the Act in relation to an offsets project.
soil carbon project means a sequestration offsets project that includes removing carbon dioxide from the atmosphere by sequestering carbon in soils.
subsequent audit means an audit covered by section 75.
tidal restoration project means a sequestration offsets project:
(a) that involves the introduction of tidal flow to support the establishment of coastal wetland ecosystems; and
(b) whose applicable methodology determination is the Carbon Credits (Carbon Farming Initiative—Tidal Restoration of Blue Carbon Ecosystems) Methodology Determination 2022 or an earlier version of that determination applicable to the project in accordance with sections 125, 126, 127 or 130 of the Act.
transferee offsets project has the meaning given by subsection 57(1) of the Act.
transferor offsets project has the meaning given by subsection 57(1) of the Act.
transitioning project means a project that was declared to be an eligible offsets project before the commencement day.
trigger audit threshold means a trigger audit threshold set in an audit thresholds instrument.
triggered audit means an audit covered by section 77, 78 or 79.
variance audit threshold means a variance audit threshold set in an audit thresholds instrument.
(2) For the purposes of this instrument, if one person is the child of another person because of the definition of child in subsection (1), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.
For paragraphs (a) to (d) of the definition of Crown lands Minister in section 5 of the Act, the following table sets out the Crown lands Minister in relation to each State and Territory.
<table cellspacing="0" cellpadding="0" style="margin-left:0.25pt; border-collapse:collapse"><thead><tr><td colspan="3" style="width:404.8pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Crown lands Minister in relation to each State and Territory</span></p></td></tr><tr><td style="width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Item</span></p></td><td style="width:123.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading" style="page-break-inside:avoid"><span>State or Territory</span></p></td><td style="width:234.95pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading" style="page-break-inside:avoid"><span>Crown lands Minister</span></p></td></tr></thead><tbody><tr><td style="width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:123.35pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="page-break-inside:avoid; page-break-after:avoid"><span>New South Wales</span></p></td><td style="width:234.95pt; border-top:1.5pt solid #000000; b
This is an opening excerpt, not the complete document.