20BExcluded offsets project—certain new plantation forests

20B Excluded offsets project—certain new plantation forests

(1) For paragraph 27(4)(m) and subsection 56(1) of the Act, if the project involves the establishment of a new plantation forest and this section applies to an application under section 22 of the Act—the project is an excluded offsets project if: (a) the project proponent did not make a new ERF plantation notification meeting all of the following criteria: (i) the new ERF plantation notification was made in the period beginning 18 months before the date of the application under section 22 of the Act and ending on the day of that application (inclusive); (ii) all of the proposed project area for the project is within the potential project area set out in the new ERF plantation notification; (iii) the size of the proposed project area does not exceed the maximum project area size set out in the new ERF plantation notification; (iv) the new ERF plantation notification has not previously been relied upon in relation to an application under section 22 of the Act that resulted in a declaration of an eligible offsets project under subsection 27(2) of the Act; (b) both of the following apply: (i) within 30 days of a new ERF plantation notification being made the Agriculture Minister has sent the project proponent and the Regulator a written statement: (A) stating that the Agriculture Minister intends to make an adverse impact finding in relation to the notification; and (B) inviting the project proponent to send a written response to the designated email account within 20 days; (ii) one of the following applies: (A) within 30 days of sending the written statement referenced in subparagraph (1)(b)(i) the Agriculture Minister sends another written statement to the project proponent and Regulator stating that no written response to the first statement was sent within the 20 days; or (B) within 45 days of sending the written statement referenced in subparagraph (1)(b)(i) the Agriculture Minister sends another written statement to the project proponent and Regulator making an adverse impact finding in relation to the notification; or (C) less than 45 days have passed since the written statement referenced in subparagraph (1)(b)(i) was sent. (2) For paragraph 27(4)(m) and subsection 56(1) of the Act, if the project involves the establishment of a new plantation forest and this section applies to an application under subsection 23(3)—the project is an excluded offsets project if the effect of the application is to add an area of land to the project area for the project and: (a) the project proponent did not make an ERF plantation expansion notification meeting all of the following criteria: (i) the ERF plantation expansion notification was made in the period beginning 18 months before the date of the application under subsection 23(3) and ending on the day of that application (inclusive); (ii) all of the proposed additional project area for the project is within the potential additional project area set out in the ERF plantation expansion notification; (iii) the size of the additional project area does not exceed the maximum additional project area size set out in the ERF plantation expansion notification; (iv) the ERF plantation expansion notification has not previously been relied upon in relation to an application under subsection 23(3) that resulted in a variation of the declaration under subsection 23(1); or (b) both of the following apply: (i) within 30 days of an ERF plantation expansion notification being made the Agriculture Minister has sent the project proponent and the Regulator a written statement: (A) stating that the Agriculture Minister intends to make an adverse impact finding in relation to the notification; and (B) inviting the project proponent to send a written response to the designated email account within 20 days; (ii) one of the following applies: (A) within 30 days of sending the written statement referenced in subparagraph (2)(b)(i) the Agriculture Minister sends another written statement to the project proponent and Regulator stating that no written response to the first statement was sent within the 20 days; or (B) within 45 days of sending the written statement referenced in subparagraph (2)(b)(i) the Agriculture Minister sends another written statement to the project proponent and Regulator making an adverse impact finding in relation to the notification; or (C) less than 45 days have passed since the written statement referenced in subparagraph (2)(b)(i) was sent. (3) For the purposes of subsection (1) or (2): (a) if a project proponent makes more than one new ERF plantation notification or ERF plantation expansion notification relevant to an application, it is the last notification to which those subsections apply; and (b) if a purported notification is incomplete, that notification is invalid and is taken never to have been made. (4) If the Agriculture Minister sends the project proponent and Regulator a written statement stating that an earlier written statement covered by subsection (1) or (2) is to be disregarded, the earlier statement is taken never to have been sent. (5) If there are multiple project proponents in relation to a project, an ERF plantation expansion notification or new ERF plantation notification need only be made by one of those project proponents. (6) The Agriculture Minister must arrange for new ERF plantation notifications and ERF plantation expansion notifications to be sent to the Regulator along with the date those notifications were made. (7) If the Regulator receives an application under section 22 of the Act or subsection 23(3) to which this section applies, the Regulator must not make a decision on whether to make a declaration under section 27 of the Act or decision under subsection 23(1) until: (a) if a written statement is sent under subparagraph 20B(1)(b)(i) or 20B(2)(b)(i)—either: (i) more than 45 days have passed since that statement was sent; or (ii) another written statement is sent under sub‑subparagraphs 20B(1)(b)(ii)(A) or (B) or sub‑subparagraphs 20B(2)(b)(ii)(A) or (B); or (b) otherwise—more than 30 days have passed since the new ERF plantation notification or ERF plantation expansion notification was made. (8) In this section: