25Eligibility requirements for projects with transferring project areas

25  Eligibility requirements for projects with transferring project areas

Eligibility requirements—all projects that have a transferring project area

 (1) If one or more project areas of a savanna sequestration project are transferring project areas, for each such project area, the following must be consecutive years:

 (a) the final calendar year for which the project area was reported on under the former determination for the project area;

 (b) the first calendar year for which the project area was reported on under this determination.

Eligibility requirements—restarting transferring projects

 (2) A savanna sequestration project is not an eligible offsets project if:

 (a) the project is a restarting transferring project; and

 (b) for each transferring project area identified on the section 27 declaration when the project was declared eligible, the former determination is not a savanna emissions avoidance determination.

 (3) A savanna sequestration project is not an eligible offsets project if:

 (a) the project is a restarting transferring project; and

 (b) the project was not declared eligible in accordance with the process set out in section 30A or 30B of the CFI Rule.

Eligibility requirements—requirements relating to project areas

 (4) When a relevant decision on a transferring project area is made, paragraph 14(2)(b) does not apply to an area of land within the transferring project area if the relevant application indicates either:

 (a) that the area of land:

 (i) would, apart from this subsection, fit the description of one of subparagraphs 14(2)(b)(i), (ii) or (iii); and

 (ii) will be removed from the project area in accordance with subsection 14(3); or

 (b) that:

 (i) the area of land would, apart from this subsection, fit the description of subparagraph 14(2)(b)(i); and

 (ii) the weeds will be permanently removed:

 (A) as soon as practicable; and

 (B) no later than the end of the first reporting period in which the transferring project area is reported on.

 (5) In subsection (4):

relevant application means a section 22 application, a section 29 application or an application under section 128 of the Act.

relevant decision on a transferring project area means a decision on a relevant application that would result in a transferring project area becoming a project area, or part of a project area, of a project covered by this determination.