4Definitions

#### 4 Definitions (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.