Carbon Credits (Carbon Farming Initiative—Tidal Restoration of Blue Carbon Ecosystems) Methodology Determination 2022
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Turn the raw legal text into a practical explanation grounded in Carbon Credits (Carbon Farming Initiative—Tidal Restoration of Blue Carbon Ecosystems) Methodology Determination 2022.
acid sulfate soils management plan, in relation to a tidal restoration project, means a plan that:
(a) is:
(i) required by any applicable State, Territory or Commonwealth laws; or
(ii) recommended by any State, Territory or Commonwealth government body or agency or any local government authority; and
(b) outlines the actions to be taken to manage the risks arising from disturbance of land containing acid sulphate soils by any eligible project activities for the project.
Act means the Carbon Credits (Carbon Farming Initiative) Act 2011.
aquaculture activities means the cultivation of freshwater, brackish and saltwater populations of animals or algae under controlled conditions, but excludes the wild catching of marine and freshwater animals.
Note: This definition excludes recreational line fishing and crabbing for personal use, but includes the cultivation of animals or algae in fish, shrimp, farm or stock ponds or tanks.
baseline period means the 7 years immediately before the section 22 application or section 29 application relating to a project area.
BlueCAM means the ‘Blue Carbon Accounting Model’ that is available from the Regulator’s website, as in force from time to time.
BlueCAM guidelines means the guidelines for the use of BlueCAM for the purposes of this determination that are available on the Regulator’s website, as in force from time to time.
BlueCAM region means a region defined in the BlueCAM guidelines, for which BlueCAM provides modelled estimates of greenhouse gases and carbon stock for above and below ground live biomass and soil for coastal wetland ecosystems located within that region.
CFI Rule means the Carbon Credits (Carbon Farming Initiative) Rule 2015.
carbon estimation area or CEA means an area of land in a project area, that meets the requirements in section 22.
clearing means:
(a) the conversion, caused by people, of land with forest cover to land without forest cover; or
(b) the conversion, caused by people other than by planting or seeding, of land with a coastal wetland ecosystem to a land type other than the coastal wetland ecosystem that existed immediately prior to the conversion.
coastal wetland vegetation means the vegetation of a coastal wetland ecosystem.
coastal wetland ecosystem means any of the following:
(a) supratidal forest;
(b) saltmarsh;
(c) sparsely vegetated saltmarsh (saltflats);
(d) mangroves;
(e) seagrass;
(f) other coastal wetland ecosystem.
Note: A coastal wetland ecosystem can be vegetated or unvegetated.
crediting period tidal inundation map, in relation to a tidal restoration project, means a map that:
(a) identifies the projected spatial extent of land that will become impacted land for the project, as at the end of 32 years from a date which is not more than 24 months before the date of the section 22 application for the project; and
(b) is prepared in accordance with the Supplement; and
(c) is part of a hydrological assessment for the project.
cropping land means land that is used to grow crops.
drainage channels means brackish or freshwater drains or ditches created for the drainage of land for agricultural purposes, such as growing sugarcane.
drainage infrastructure means a drain, channel or ditch on any land that serves as a passageway for water moving from one area of land to another area of land.
Note: A drainage infrastructure that is used, removed, modified, installed or constructed for a tidal restoration project must be taken into account in the preparation or revision of a map forming part of a hydrological assessment for the project.
ecosystem transition means a change in a land type that occurs due to changes in the hydrology of the landscape, including because of sea level rise.
Note: Examples of ecosystem transition include grassland transitioning to saltmarsh, mangrove or saltflats; supratidal forest transitioning to mangroves or saltmarsh.
eligible land—see section 9.
eligible project activities—see subsection 7(2).
environmental coastal wetland planting means seeding or planting of plants or propagules that consist of:
(a) species that are:
(i) native to the local area of the seeding or planting; and
(ii) sourced from the natural resource management region or regions of the project area for a tidal restoration project in which the seeding or planting occurs; and
(b) a mix of species that reflects the structure and composition of the local native community for the type of coastal wetland ecosystem being established by the project.
excavation activities means the excavation or disturbance of soil.
existing drainage infrastructure means drainage infrastructure that has been installed or constructed on any land before the baseline period for the land has ended.
existing infrastructure means an object, device or structure on any land that:
(a) is not a drainage infrastructure; and
(b) has been installed or constructed during the baseline period for the land; and
(c) impedes, reduces, restricts or prevents inundation of other land by tidal flows, when used for that purpose.
fertiliser means any synthetic or non-synthetic substance that supplies key chemical elements to plants and soils to enhance plant growth and the fertility of soils.
flooded agricultural land, managed wet meadow or pasture means land that is:
(a) flooded for all or part of a year; and
(b) used for agricultural or pastoral purposes; and
(c) meets the requirements of the BlueCAM guidelines.
forest cover: land has forest cover if:
(a) the land has an area of at least 0.2 of a hectare; and
(b) the land has trees that:
(i) are 2 metres or more in height; and
(ii) provide crown cover over at least 20% of the land.
forest land means land with forest cover that is not a supratidal forest or mangrove.
fuel emissions, in relation to a tidal restoration project, means emissions of carbon dioxide (CO2), nitrous oxide (N2O) and methane (CH4) arising from the use of fossil fuels in relation to:
(a) carrying out eligible project activities for the project; or
(b) monitoring the project.
grazing land means land that is used for grazing of production livestock.
highest astronomical tide mark means the highest tide level which can be predicted to occur under average meteorological conditions and any combination of astronomical conditions.
hydrological assessment, in relation to a tidal restoration project, means an assessment of the hydrological consequences of the eligible project activities implemented or to be implemented for the project that includes:
(a) a project start tidal inundation map; and
(b) a permanence period tidal inundation map; and
(c) if the project is a 100-year permanence period project—a crediting period tidal inundation map.
impacted land, in relation to a tidal restoration project, means land that experiences tidal introduction relating to the eligible project activities implemented for the project.
intertidal zone means an area between an ocean or sea and dry land that is between:
(a) the highest astronomical tide mark; and
(b) the lowest astronomical tide mark.
land type: each of the following is a land type:
(a) cropping land;
(b) drainage channels;
(c) flooded agricultural land, managed wet meadow or pasture;
(d) forest land;
(e) grazing land;
(f) mangroves;
(g) other coastal wetland ecosystem;
(h) other use land;
(i) ponds and other constructed water bodies;
(j) saline water bodies;
(k) saltmarsh;
(l) seagrass;
(m) sparsely vegetated saltmarsh (saltflats);
(n) sugarcane land;
(o) supratidal forest;
(p) tidally restricted fresh and brackish wetlands.
lowest astronomical tide mark means the lowest tide level which can be predicted to occur under average meteorological conditions and any combination of astronomical conditions.
mangroves means an ecosystem comprised of trees and shrubs which:
(a) occupy the intertidal zone of floodplains, including marine and estuarine areas; and
(b) grow in saline or brackish water.
mosquito management plan, in relation to a tidal restoration project, means a plan that:
(a) is:
(i) required by any applicable State, Territory or Commonwealth laws; or
(ii) recommended by any State, Territory or Commonwealth government body or agency or any local government authority; and
(b) outlines the actions to be taken to manage the risks arising from increased mosquito hazard arising from the project.
necessary infrastructure means an object, device or structure on any land that:
(a) is not a tidal restriction mechanism or drainage infrastructure; and
(b) impedes, reduces, restricts or prevents inundation of other land by tidal flows, when used for that purpose; and
(c) is taken into account in the preparation or revision of a map forming part of a hydrological assessment for a tidal restoration project.
net abatement amount, for an eligible offsets project in relation to a reporting period, means the carbon dioxide equivalent net abatement amount for the project in relation to the reporting period, calculated in accordance with section 28.
NGER Regulations means the National Greenhouse and Energy Reporting Regulations 2008.
other coastal wetland ecosystem means an ecosystem on impacted land that is not any of the other land types.
Note: Impacted land with other coastal wetland ecosystem on it can be unvegetated land.
other use land means land that is used at the end of the baseline period for the land in some way for human activities that is not covered by any of the other land types.
permanence obligation period, in relation to a tidal restoration project, means the period from the declaration of the project as an eligible offsets project until the last day the Regulator could issue a notice requiring relinquishment of Australian carbon credit units under Division 3 of Part 7 of the Act.
permanence period tidal inundation map, in relation to a tidal restoration project, means a map that:
(a) identifies the projected spatial extent of land that will become impacted land for the project, as at the end of:
(i) if the project is a 25-year permanence period project—32 years from a date which is not more than 24 months before the date of the section 22 application for the project; or
(ii) if the project is a 100-year permanence period project—107 years from a date which is not more than 24 months before the date of the section 22 application for the project; and
(b) is prepared in accordance with the Supplement; and
(c) is part of a hydrological assessment for the project.
personal use, of a thing, means use of the thing that does not involve a sale, or other commercial use, of the thing.
ponds and other constructed water bodies means freshwater or brackish ponds, dams or reservoirs that have been created by people.
production livestock means livestock managed for production purposes and from which commercial products or services are derived.
project extent map means a map for land identified as impacted land for a tidal restoration project in a current map in a hydrological assessment for the project made under section 15, which meets the following requirements:
(a) the map includes the following information for the land, as required by the Supplement:
(i) project area and cadastral boundaries, Ramsar and nationally important wetland boundaries and marine reserve boundaries;
(ii) geographic features;
(iii) land and water features;
(iv) the location of any tidal restriction mechanism, necessary infrastructure, existing infrastructure and drainage infrastructure (including any existing drainage infrastructure), relating to the project; and
(b) the map includes any other information required by the Supplement; and
(c) the map meets any requirements contained in the Supplement.
Note: A project extent map will identify land features, including (but not limited to) location and extent of acid sulfate soils.
project operations and maintenance plan, in relation to a tidal restoration project, means a plan containing the following information:
(a) in relation to each tidal restriction mechanism that is or is to be removed or modified as part of the eligible project activities for the project:
(i) its location; and
(ii) detailed specifications about it, including specifications about its removal or modification, that are sufficient for the purposes of the following persons:
(A) the qualified person when preparing or revising a hydrological assessment for the project;
(B) if the tidal restriction mechanism is to be modified as part of the eligible project activities—the qualified engineer when preparing the relevant confirmation for the hydrological assessment; and
(iii) if the tidal restriction mechanism is or is to be modified as part of the eligible project activities—detailed information about the maintenance it requires to ensure its ongoing intended function during the permanence obligation period for the project;
(b) in relation to each necessary infrastructure or drainage infrastructure that is or is to be used, removed, modified, installed or constructed as part of the eligible project activities:
(i) its location; and
(ii) detailed specifications about it that are sufficient for the purposes of the following persons:
(A) the qualified person when preparing or revising a hydrological assessment for the project;
(B) the qualified engineer when preparing the relevant confirmation for the hydrological assessment; and
(iii) if the necessary infrastructure or drainage infrastructure is or is to be used, modified, installed or constructed as part of the eligible project activities—detailed information about the maintenance it requires to ensure its ongoing intended function during the permanence obligation period for the project;
(c) any additional information required by the Supplement.
project start tidal inundation map, in relation to a tidal restoration project, means a map that:
(a) identifies the projected spatial extent of land that will become impacted land for the project, as at the completion of the eligible project activities for the project; and
(b) is prepared in accordance with the Supplement; and
(c) is part of a hydrological assessment for the project.
qualified engineer, in relation to a tidal restoration project, means a person who:
(a) has knowledge of and experience in assessing the functional performance of objects, devices, structures, drains, channels and ditches of the kind used by the project to modify or manage tidal flows; and
(b) meets any requirements in the Supplement.
Note: The qualified engineer can be the same person as the qualified person.
qualified person, in relation to a tidal restoration project, means a person who:
(a) has knowledge of tidal hydrodynamics and floodplain inundation; and
(b) has experience in the provision of floodplain inundation services; and
(c) has knowledge of the limitations and applicability of numerical modelling in shallow coastal environments; and
(d) meets any requirements in the Supplement.
Note 1: Paragraph (c) would include experience in provision of flood management services.
Note 2: The qualified person can be the same person as the qualified engineer.
relevant confirmation, in relation to a hydrological assessment for a tidal restoration project, means a confirmation in writing given to the project proponent by a qualified engineer that the design specifications contained in the project operations and management plan for the project on which the hydrological assessment is based can reasonably be expected to manage tidal flows in the manner shown in maps forming part of the hydrological assessment.
relevant landholder means any person, other than the project proponent, who, whether by reason of ownership or otherwise, has operational control of land.
saline water bodies means saline or hypersaline ponds or waterbodies that have been created by people, including for aquaculture activities.
saltmarsh means an ecosystem that:
(a) is comprised of salt tolerant plants that are herbaceous as well as some woody shrubs; and
(b) occurs on floodplains and in estuaries and can be flushed with water from a combination of water sources including rainfall, rivers, groundwater and seawater; and
(c) meets the requirements of the BlueCAM guidelines.
seagrass means an ecosystem that:
(a) is comprised of grass-like plants that grows in shallow (including intertidal zones) to deep coastal waters; and
(b) meets the requirements of the BlueCAM guidelines.
section 22 application, in relation to an eligible offsets project, means the application under section 22 of the Act for the declaration of the project as an eligible offsets project.
section 27 declaration, in relation to an eligible offsets project, means the declaration under section 27 of the Act that the project is an eligible offsets project.
section 29 application means an application under regulations or legislative rules made for the purposes of section 29 of the Act to vary a section 27 declaration.
sparsely vegetated saltmarsh (saltflats) means an ecosystem that:
(a) is a sparsely vegetated saline or hypersaline (more saline than seawater) ecosystem; and
(b) meets the requirements of the BlueCAM guidelines.
Supplement means the document entitled ‘Supplement to the Carbon Credits (Carbon Farming Initiative—Tidal Restoration of Blue Carbon Ecosystems) Methodology Determination 2022’, as in force from time to time and available from the Regulator’s website.
(a) is comprised of woody vegetation that occupies land adjacent to the intertidal zone and comprised of plants in the genera Casuarina, Melaleuca and other associated species; and
(b) meets the requirements of the BlueCAM guidelines.
thinning means the selective killing of vegetation for ecological purposes, including to maintain species diversity or ground cover, that does not:
(a) amount to clearing; or
(b) result in a reduction of estimated abatement below that already credited under this determination.
tidal introduction means the introduction of, or increase or changes in, tidal flows over land, but does not include permanent exclusion of tidal flows over land.
tidal restoration project—see subsection 7(3).
tidal restriction mechanism means an object, device or structure on any land that:
(a) has been installed or constructed before the commencement of the baseline period for the land; and
(b) impedes, reduces, restricts or prevents inundation of other land by tidal flows.
Note: A tidal restriction mechanism can be a drainage infrastructure.
tidally restricted fresh and brackish wetlands means a type of ecosystem that is not affected by tidal flows because its hydrology has been modified by people.
Note: Other words and expressions used in this determination have the meaning given by the Act. These terms include: