9Energy crops (Act s 17)

#### 9 Energy crops (Act s 17) (1) For section 17 of the Act, biomass from a plantation is not an energy crop unless all of the following apply to it: (a) it must be a product of a harvesting operation (including thinnings and coppicing) approved under relevant Commonwealth, State or Territory planning and approval processes; (b) it must be biomass from a plantation that is managed in accordance with: (i) a code of practice approved for a State under the Export Control (Wood and Woodchips) Rules 2021; or (ii) if a code of practice has not been approved for a State as required under subparagraph (i), Australian Standard AS 4708—2007—The Australian Forestry Standard; (c) it must be taken from land that was not cleared of native vegetation after 31 December 1989 to establish the plantation. (2) For section 17 of the Act, biomass from a native forest is not an energy crop.