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Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3 Authority

This instrument is made under section 45 of the Nature Repair Act 2023.

4 Schedules

Any provision in a Schedule to this instrument has effect according to its terms.

5 Definitions

Note: A number of expressions used in this instrument have the meaning given by the Act, including the following:

Note: (a) activity period;

Note: (b) biodiversity certificate;

Note: (c) biodiversity project;

Note: (d) biodiversity project report;

Note: (e) permanence period;

Note: (f) project;

Note: (g) project area;

Note: (h) project plan;

Note: (i) project proponent;

Note: (j) Register;

Note: (k) Regulator;

Note: (l) registered biodiversity project.

(1) In this instrument:

Act means the Nature Repair Act 2023.

activity area has the meaning given by section 22.

application date, for a project, means the date on which an application is made under section 11 of the Act for the registration of the project.

benchmark value, for an indicator or sub-indicator for the ecosystem condition of an activity area in relation to a reference ecosystem of the activity area, means the value determined in the SSA in accordance with paragraph 30(1)(b).

Approved benchmark source list means the document titled ‘Approved benchmark sources for the Replanting Native Forest and Woodlands Ecosystems Method’ published on the Department’s website, as it exists from time to time.

BAI means the Nature Repair (Biodiversity Assessment) Instrument 2025.

category A plant has the meaning given by section 12.

certificate application means an application under section 67 of the Act for a biodiversity certificate.

comprehensively cleared has the meaning given by section 19.

crown cover means the proportion of ground area covered by the vertical projection of tree and shrub crowns and the stem and foliage of vines.

canopy layer, in a forest or woodland, means the tree layer.

counterfactual scenario means the counterfactual scenario for a replanting project set out in section 9.

culturally sensitive area means an area that:

(a) is listed under cultural heritage laws of the Commonwealth or the relevant State or Territory; or
(b) is identified as culturally sensitive or significant to relevant Aboriginal persons or Torres Strait Islanders for the project area in accordance with section 28.

culturally significant entity, for a replanting project, has the meaning given by section 45.

Data Submission Guidelines means the document of that name published on the Department’s website as it exists from time to time.

ecosystem condition has the meaning given by section 11.

ecosystem condition state has the meaning given by section 12.

eligible land has the meaning given by section 19.

eligible region has the meaning given by Schedule 1.

exclusion area has the meaning given by section 21.

environmental planting has the meaning given by section 17.

fixed biodiversity project characteristic has the meaning given by section 7.

forecast aggregate contribution to biodiversity persistence score for the project has the meaning given by Schedule 8.

forecast aggregate ecosystem condition score, for a project, has the meaning given by Schedule 8.

forecast contribution to biodiversity persistence score for an activity area has the meaning given by Schedule 8.

forecast ecosystem condition score, for an activity area has the meaning given by Schedule 8.

forest means land of a minimum area of 0.2 hectares on which trees and shrubs:

(a) have attained, or have the potential to attain, a crown cover of at least 20% across the area of land; and
(b) have reached, or have the potential to reach, a height of at least 2 metres.

forest cover—land has forest cover if the vegetation on the land includes trees and shrubs that:

(a) are 2 metres or more in height; and

(b) provide crown cover of at least 20% of the land.

forest cover potential—land has forest cover potential if it is likely to be able to support trees and shrubs that:

(a) are from the reference ecosystem identified as applicable for the land; and
(b) are over 2m in height and provide crown cover equal to or greater than 20%, defined at the 0.2 hectare scale.

ground layer means the assemblage of grasses and other herbaceous vascular plants, woody plants less than 1 metre tall and vines (woody and non-woody) whose highest point is within 1 metre of the land surface, but does not include cryptogamic soil crusts and non-vascular plants such as mosses.

IBRA subregion means a subregion defined by the Interim Biogeographic Regionalisation for Australia (IBRA) landscape classification framework version 7.0, as in effect at the relevant time (whether or not it is also an eligible region listed in Schedule 1).

Note: The IBRA could, in 2024, be viewed on the Department’s website (https://www.dcceew.gov.au)

indicator:

(a) for the ecosystem condition of an area, has the meaning given by section 11; and
(b) for a culturally significant entity, means an indicator for the entity nominated in the project plan in accordance with subsection 41(3).

indicator or sub-indicator for the ecosystem condition of an area, has the meaning given by section 11.

Indigenous data means data or other information, in any format or medium, that:

(a) is about or may affect Aboriginal persons or Torres Strait Islanders, either individually or collectively; or
(b) is generated as a result of using Indigenous knowledge or values.

Note: This definition follows section 6 of the BAI.

local area, in relation to an activity area or sub-area and its reference ecosystem, means any area of land that:

(a) is within the same IBRA subregion as the activity area or sub-area; and
(b) either:
(i) is within 100 km of the activity area or sub-area; or
(ii) has the reference ecosystem.

life form, in relation to a plant or species of plant, means the growth expression of an individual flora species within a vegetation community as one of the following:

(a) tree;
(b) shrub;
(c) vine;
(d) grass;
(e) herbaceous vascular plant other than grass.

Mapping Guidelines means the document of that name published on the Department’s website for the purposes of the Act, as it exists from time to time.

mid-storey layer means the assemblage of trees, shrubs and vines at a particular site, other than the plants that form part of the canopy or ground layers. For the avoidance of doubt, vines are considered to be part of the canopy layer where they are found in the crowns of canopy trees.

NBAS means the National Biodiversity Assessment System maintained by the Department and accessible through PLANR, as it exists from time to time.

nominated restoration target:

(a) for an indicator for ecosystem condition in an activity area, means the restoration target nominated in accordance with section 39; and
(b) for an indicator for the condition of a culturally significant entity, means the restoration target nominated in accordance with section 41.

permanent sampling plot, for an activity area, means a sampling plot established when assessing its starting ecosystem condition state for paragraph 30(1)(c).

photo survey has the meaning given by subsection 48(4).

planting means:

(a) as a verb: to put or set in the ground native species that are eligible under this methodology determination using:
(i) propagated seedling stock; or
(ii) direct seeding, including in rows or broadcast; or
(iii) a combination of those methods;
for the purposes of growing plant species native to the local area;
(b) as a noun: an area of native species established by planting.

PLANR means the Department’s Platform for Land and Nature Repair database available at planr.gov.au, as it exists from time to time.

point intercept method has the meaning given by Schedule 3.

Prescribed Vegetation Classification System means the database of that name published by the Department on the Department’s website, as it exists from time to time.

prescribed vegetation map means a spatial data product that forms part of the Prescribed Vegetation Classification System.

project activities has the meaning given by section 14.

project outcome, for a replanting project, means the biodiversity outcome that is specified in the registration application.

quadrat method has the meaning given by Schedule 4.

reference ecosystem, in relation to an activity area or sub-area, means an ecosystem that will serve as the model or benchmark for restoration, against which to compare the ecosystem condition of the activity area or sub-area.

Note: The reference ecosystems are selected in accordance with Division 2.8.

registration, in relation to a project, means the registration of the project on the Register under subsection 15(2) of the Act.

registration application, in relation to a replanting project, means an application for approval of registration under section 11 of the Act.

relevant Aboriginal persons and Torres Strait Islanders, for a project area, means the Aboriginal persons and Torres Strait Islanders who have a demonstrated connection to the land or waters on or in which the project area is located.

Note: This definition follows the BAI.

relevant Indigenous representatives for a project area means:

(a) if the project area is or includes a native title area and there is a registered native title body corporate for the native title area—the registered native title body corporate for the native title area; or
(b) if the project area is or includes a native title area and there is no registered native title body corporate for the native title area—the persons, or group of persons, who hold the common or group rights comprising the native title in relation to the native title area; or
(c) if the project area is or includes an area of land in relation to which a claimant application (within the meaning of the Native Title Act 1993) has been made but not yet determined—the native title claim group (within the meaning of that Act); or
(d) if the project area is or includes land rights land—the Aboriginal land council that holds an eligible interest in the land; or
(e) if the project area is or includes an area that is subject to an Indigenous land use agreement—a person who is a party to the agreement.

Note: This definition follows the BAI.

relevant persons, in relation to a culturally significant entity for a replanting project has the meaning given by section 45.

relevant to a replanting project: a culturally significant entity is relevant to a replanting project if the enhancement or protection of the culturally significant entity will contribute to achieving the biodiversity outcome for the project.

Note: This definition follows the BAI definition of relevant to a biodiversity project.

remedial planting has the meaning given by subsection 17(3).

replanting project has the meaning given by subsection 6(2).

restoration target level in relation to an indicator or sub-indicator, has the meaning given by Schedule 6.

Note: The project proponent must set nominated restoration targets in the project plan in terms of the restoration target levels—see section 39.

Rules means the Nature Repair Rules 2023.

shrub means a woody plant that is not a tree or a vine.

site assessment report has the meaning given by section 26.

staggered planting has the meaning given by subsection 17(2).

starting aggregate contribution to biodiversity persistence score, for a project, has the meaning given by Schedule 8

starting aggregate ecosystem condition score, for a project, has the meaning given by Schedule 8.

starting contribution to biodiversity persistence score, for an activity area, has the meaning given by Schedule 8.

starting ecosystem condition score, for an activity area, has the meaning given by Schedule 8.

starting ecosystem condition state, of an activity area, has the meaning g

This is an opening excerpt, not the complete document.