Climate Change (Forestry Sector) Regulations 2008

Climate Change (Forestry Sector) Regulations 2008 (SR 2008/355) Anand Satyanand, Governor-General Order in Council At Wellington this 29th day of September 2008 Present: His Excellency the Governor-General in Council Pursuant to sections 163, 167, and 168 of the Climate Change Response Act 2002, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations. Contents Page 1 Title 3 2 Commencement 3 3 Application 4 General provisions 4 Interpretation 4 5 Rounding rules 8 6 Mapping information 8 7 EPA may issue guidelines or standards 8 Note Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint. Note 4 at the end of this reprint provides a list of the amendments incorporated. These regulations are administered by the Ministry for the Environment. Reprint as at 1 January 2017 1 8 Fees and charges 9 8A Waivers and refunds for fees and charges 10 9 Hourly rate costs 10 10 Notification of status of forest land 10 11 Registrar to record notices in relation to status of forest land 12 12 Cancellation of notices 12 13 Applications for exemptions for pre-1990 forest land under section 183 14 Pre-1990 forest land participants 14 Collection of information by pre-1990 forest land participants 14 15 Method of calculating emissions for deforestation of pre-1990 forest land 14 15A Offsetting forest land applications 15 15B Usual rotation periods for forest species 17 16 Rules for application of tables in Schedule 4 17 17 Emissions returns in relation to deforestation of pre-1990 forest land 19 Post-1989 forest land participants 18 Mapping information for post-1989 forest land 20 19 Collection of information by post-1989 forest land participants 20 20 Calculation of carbon stock changes by post-1989 forest land participants 20 20A Calculation of carbon stock changes when new carbon accounting area is constituted from post-1989 forest land from another carbon accounting area 21 21 Calculation of carbon stock 22 22 Rules for application of tables in Schedule 6 or participant-specific tables 24 FMA participants 22A Assignment of forest class 27 22B Field measurement-based assessment process 27 22C Allocation of permanent sample plots 29 22D Production of participant-specific tables 31 22E Use of participant-specific tables 32 22F Application for allocation of new permanent sample plots 34 22G Rules to apply if FMA participant’s registered post-1989 forest land is reduced but remains 100 or more hectares 35 22H Rules to apply if FMA participant’s registered post-1989 forest land is reduced below 100 hectares 37 22I Reconfiguration of registered post-1989 forest land 40 22J Rules to apply if FMA participant’s registered post-1989 forest land is 100 hectares or more and is increased 40 Climate Change (Forestry Sector) Regulations 2008 Reprinted as at 1 January 2017 2 22K Permanent waivers in relation to requirement to establish permanent sample plots 43 22L Waivers in relation to use of participant-specific tables 44 22M Cost recovery for assessment under section 121 of Act 46 22N Form of certain documents 48 22O Transitional provision 48 Tree weed exemptions 23 Designation of certain trees as tree weeds 48 24 Applications for declarations of exempt land 48 25 Further information required in relation to application 49 26 Information required in relation to land under statutory protection or control 50 27 Information required in relation to land within or near legally protected area 50 28 Other documentation to be included with application 50 Schedule 1 Regions 51 Schedule 2 Fees and charges payable for applications and other matters relating to post-1989 forest land 55 Schedule 3 Forms 56 Schedule 4 Tables of carbon stock per hectare for pre-1990 forest land 59 Schedule 5 Geospatial mapping information that must be submitted to EPA with specified documents 63 Schedule 6 Tables of carbon stock per hectare for post-1989 forest land 65 Schedule 7 Forest species that are tree weeds 72 Regulations 1 Title These regulations are the Climate Change (Forestry Sector) Regulations 2008. 2 Commencement These regulations come into force on the day after the date of their notification in the Gazette. Reprinted as at 1 January 2017 Climate Change (Forestry Sector) Regulations 2008 r 2 3 3 Application These regulations apply on and after 1 January 2008. General provisions 4 Interpretation (1) In these regulations, unless the context otherwise requires,— Act means the Climate Change Response Act 2002 area, in relation to the measurement of land, means the area of that land as de termined by planimetric measurement basal area means the cross-sectional area of the stem of a tree measured over bark at a point that is 1.4 metres from ground level on the uphill side of the tree and expressed in square metres class means a class defined in the International Code of Botanical Nomencla ture (Vienna Code) 2006 Douglas fir means the forest species Pseudotsuga menziesii emissions return period means the year or other period covered by an emis sions return exotic hardwoods means exotic forest species in the class Magnoliopsida (an giosperms) exotic softwoods means exotic forest species in the class Coniferopsida (gym nosperms), other than Pinus radiata or Douglas fir FMA means field measurement approach FMA information means information collected in accordance with regulation 22B(1)(c) FMA participant— (a) means a post-1989 forest land participant who has 100 or more hectares of registered post-1989 forest land at any time during a mandatory emis sions return period; but (b) excludes any post-1989 forest land participant— (i) who had 100 or more hectares of registered post-1989 forest land before this definition came into force; but (ii) who otherwise has fewer than 100 hectares of registered post-1989 forest land from the date this definition comes into force until the end of the first commitment period forest type, in relation to a hectare of forest land, means the forest type deter mined under— (a) regulation 16(c), if the forest land is pre-1990 forest land; or (b) regulation 22(c), if the forest land is post-1989 forest land r 3 Climate Change (Forestry Sector) Regulations 2008 Reprinted as at 1 January 2017 4 mandatory emissions return period has the same meaning as in section 189(9) of the Act non-FMA participant means a post-1989 forest land participant who is not an FMA participant participant-specific forest carbon stock table means a table that shows the carbon stock per hectare for an FMA participant’s registered post-1989 forest land by forest type and age of trees participant-specific residual carbon stock table means a table that shows the carbon stock per hectare for an FMA participant’s registered post-1989 forest land from above ground residual wood and below ground roots immediately following clearing by forest type and age of trees at the time of clearing participant-specific table means, as the case may require, 1 or both of the fol lowing produced by the EPA under regulation 22D: (a) a participant-specific forest carbon stock table: (b) a participant-specific residual carbon stock table post-1989 forest land participant means a person who is a participant under section 54(1)(b) of the Act in relation to an activity listed in Part 1 of Schedule 4 of the Act pre-1990 forest land participant means a person who is a participant under section 54(1)(a) of the Act in relation to an activity listed in Part 1 of Schedule 3 of the Act predominant forest species, in relation to an area of forest land, means the particular forest species with the greatest total basal area regenerate means the commencement of growth of seedlings that are present as a result of a process other than planting region means a region specified in Schedule 1 registered post-1989 forest land, in relation to a post-1989 forest land partici pant, means all the post-1989 forest land in respect of which the participant, re gardless of the activity listed in Part 1 of Schedule 4 of the Act to which the land relates,— (a) is recorded as a participant under section 188 of the Act; or (b) becomes a participant under section 192 of the Act Registrar means a Registrar of the Maori Land Court, the Registrar-General of Land, or the Registrar of Deeds shrub species— (a) means a perennial woody-stemmed species that is self-supporting and capable of reaching at least 0.3 metres in height at maturity in the place where it is located; but (b) does not include a forest species Reprinted as at 1 January 2017 Climate Change (Forestry Sector) Regulations 2008 r 4 5 sub-area,— (a) in relation to pre-1990 forest land, means any area of 1 or more hec tares— (i) that has the same forest type; and (ii) that is in one region, if the forest type is Pinus radiata; and (iii) where the trees of the forest type are the same age; and (iv) that, in relation to determining an area of deforestation, comprises land that is cleared in a single year; and (b) in relation to post-1989 forest land, means any area of 1 or more hectares within a single carbon accounting area— (i) that has the same forest type; and (ii) that, if the forest type is Pinus radiata, and the carbon stock change of the sub-area is required to be calculated using the tables in Schedule 6, is in one region; and (iii) where the trees of the forest type are the same age; and (iv) where, if the area contains above ground residual wood and below ground roots from cleared trees that are to be treated as decaying under regulation 22(h), the trees that are decaying— (A) are of the same forest type; and (B) were the same age when cleared; and (C) were cleared in the same year; and (D) are, if the trees cleared were Pinus radiata, and the carbon stock change of the sub-area is required to be calculated using the tables in Schedule 6, in one region; and (c) in relation to offsetting forest land and pre-1990 offsetting forest land, means any area of 1 or more hectares— (i) that has the same forest type; and (ii) that, if the forest type is Pinus radiata, is in one region; and (iii) where the trees of the forest type are of the same age timber has the same meaning as in section 2(1) of the Forests Act 1949 tree means a tree of a forest species. (2) Examples used in these regulations have the following status: (a) an example is only illustrative of the provision to which it relates and does not limit the provision; and (b) if an example and the provision to which it relates are inconsistent, the provision prevails. (3) In a formula used in these regulations, ∑ means the summation of the calcula ted amounts that follow ∑. r 4 Climate Change (Forestry Sector) Regulations 2008 Reprinted as at 1 January 2017 6 Regulation 4(1) area: inserted, on 19 June 2011, by regulation 4(4) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Regulation 4(1) basal area: inserted, on 1 October 2010, by regulation 4(1) of the Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183). Regulation 4(1) FMA: inserted, on 1 September 2011, by regulation 4(1) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Regulation 4(1) FMA information: inserted, on 1 September 2011, by regulation 4(1) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Regulation 4(1) FMA participant: inserted, on 1 September 2011, by regulation 4(1) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Regulation 4(1) forest type: inserted, on 19 June 2011, by regulation 4(4) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Regulation 4(1) mandatory emissions return period: inserted, on 1 September 2011, by regulation 4(1) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Regulation 4(1) non-FMA participant: inserted, on 1 September 2011, by regulation 4(1) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Regulation 4(1) participant-specific forest carbon stock table: inserted, on 1 September 2011, by regulation 4(1) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Regulation 4(1) participant-specific residual carbon stock table: inserted, on 1 September 2011, by regulation 4(1) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Regulation 4(1) participant-specific table: inserted, on 1 September 2011, by regulation 4(1) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Regulation 4(1) participant-specific table: amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 4(1) predominant forest species: inserted, on 1 October 2010, by regulation 4(1) of the Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183). Regulation 4(1) regenerate: substituted, on 1 October 2010, by regulation 4(2) of the Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183). Regulation 4(1) registered post-1989 forest land: inserted, on 1 September 2011, by regulation 4(1) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Regulation 4(1) shrub species: inserted, on 1 September 2011, by regulation 4(1) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Regulation 4(1) sub-area paragraph (a)(iv): inserted, on 1 January 2017, by regulation 4 of the Cli mate Change (Forestry Sector) Amendment Regulations 2016 (LI 2016/216). Regulation 4(1) sub-area paragraph (b): amended, on 19 June 2011, by regulation 4(5) of the Cli mate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Regulation 4(1) sub-area paragraph (b)(ii): substituted, on 1 September 2011, by regulation 4(2) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Regulation 4(1) sub-area paragraph (b)(iv)(D): substituted, on 1 September 2011, by regulation 4(3) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Regulation 4(1) sub-area paragraph (b)(iv)(D): amended, on 1 January 2013, by regulation 4(1) of the Climate Change (Forestry Sector) Amendment Regulations (No 2) 2012 (SR 2012/398). Regulation 4(1) sub-area paragraph (c): inserted, on 1 January 2013, by regulation 4(2) of the Cli mate Change (Forestry Sector) Amendment Regulations (No 2) 2012 (SR 2012/398). Regulation 4(1) tree: added, on 19 June 2011, by regulation 4(4) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Reprinted as at 1 January 2017 Climate Change (Forestry Sector) Regulations 2008 r 4 7 Regulation 4(3): added, on 8 December 2009, by section 88(2) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57). 5 Rounding rules (1) If a participant is required under these regulations to collect information or cal culate emissions or removals in relation to an area in hectares, the area must include any fraction of a hectare rounded to 1 decimal place by— (a) expressing the area as a decimal number truncated to 2 decimal places; and (b) if the number in the second decimal place— (i) is 5 or more, increasing the number in the first decimal place by 1; or (ii) is less than 5, leaving the number in the first decimal place un changed. (2) For the purposes of calculating— (a) total emissions for deforestation of pre-1990 forest land under regulation 15, the total emissions in tonnes of carbon dioxide must be rounded to the nearest whole tonne; or (b) emissions or removals from a carbon accounting area under regulation 20(1), the emissions or removals must be rounded to the nearest whole tonne of carbon dioxide. (3) If the emissions or removals in tonnes of carbon dioxide consist of a whole number and half a tonne, the tonnage must be rounded up to the nearest whole tonne. Regulation 5: substituted, on 1 October 2010, by regulation 5 of the Climate Change (Forestry Sec tor) Amendment Regulations 2010 (SR 2010/183). 6 Mapping information If these regulations require an application, notice, or emissions return to be submitted with geospatial mapping information about an area of land referred to in that application, notice, or emissions return, the information must include the spatial extent of the area of land determined in accordance with the method and format specified by the EPA under regulation 7 and must be provided in the format prescribed by the EPA under section 90 of the Act. Regulation 6: amended, on 1 January 2013, by regulation 5 of the Climate Change (Forestry Sector) Amendment Regulations (No 2) 2012 (SR 2012/398). Regulation 6: amended, on 5 December 2011, by section 53(2) of the Environmental Protection Au thority Act 2011 (2011 No 14). 7 EPA may issue guidelines or standards (1) The EPA may, by notice in the Gazette, issue guidelines or standards in relation to the data or other information to be collected under regulation 14, 19, 22B, or 22C. r 5 Climate Change (Forestry Sector) Regulations 2008 Reprinted as at 1 January 2017 8 (1A) The EPA may, by notice in the Gazette, issue guidelines or standards that spe cify the method and format to be used for the purposes of determining, under regulation 6, the spatial extent of an area of forest land. (2) The EPA may, by notice in the Gazette, amend or revoke a guideline or stand ard. (3) A participant who complies with a guideline or standard that is issued under this regulation, and is in force, is to be treated as complying with the require ments of these regulations to which the guideline or standard relates. Regulation 7 heading: amended, on 5 December 2011, by section 53(2) of the Environmental Protec tion Authority Act 2011 (2011 No 14). Regulation 7(1): amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14). Regulation 7(1): amended, on 1 September 2011, by regulation 5 of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Regulation 7(1A): inserted, on 1 January 2013, by regulation 6 of the Climate Change (Forestry Sec tor) Amendment Regulations (No 2) 2012 (SR 2012/398). Regulation 7(2): amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14). 8 Fees and charges (1) The fees and charges set out in Schedule 2 are payable to the EPA in respect of the matters to which they relate. (2) The fees and charges are inclusive of any goods and services tax payable under the Goods and Services Tax Act 1985. (3) Subject to subclause (4), the fees and charges payable under these regulations are payable to the EPA,— (a) in the case of the fees for the following matters, at the time of making the application, notifying the EPA, or submitting the return: (i) an application for— (A) registration as a participant: (B) the addition of a carbon accounting area: (C) the removal of a carbon accounting area: (ii) a notification of a transmission of interest: (iii) a submission of an emissions return; and (b) in the case of any other charge, upon an invoice issued by or on behalf of the EPA and within the time specified in the invoice. (4) The EPA may approve other arrangements for the payment of fees or charges by any person under this regulation. Regulation 8(1): amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14). Regulation 8(3): amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14). Reprinted as at 1 January 2017 Climate Change (Forestry Sector) Regulations 2008 r 8 9 Regulation 8(3)(a): substituted, on 19 June 2011, by regulation 6 of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Regulation 8(3)(a): amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14). Regulation 8(3)(b): amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14). Regulation 8(4): amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14). 8A Waivers and refunds for fees and charges (1) The EPA may, in whole or in part, waive or refund the payment of any fee or charge payable under these regulations if the EPA is satisfied that— (a) the services performed do not justify the payment or the payment in full; or (b) the waiver or refund is reasonable in the circumstances. (2) The EPA’s decision must— (a) be in writing; and (b) specify the reason for the waiver or refund. Regulation 8A: inserted, on 19 June 2011, by regulation 7 of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Regulation 8A(1): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 8A(2): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321). 9 Hourly rate costs (1) Costs specified in these regulations as payable at an hourly rate must be calcu lated by— (a) adding together the total number of 15-minute units spent by the person carrying out the function (including travel and waiting in respect of the function); and (b) multiplying the total number of units by 25% of the applicable hourly rate. (2) To avoid doubt, a minimum charge of 25% of the hourly rate is payable if the time spent by the person carrying out the function is 15 minutes or less. (3) For the purposes of this regulation, 15-minute unit means— (a) a period of 15 minutes: (b) any remainder produced by dividing the total time spent carrying out the function by 15 minutes. 10 Notification of status of forest land (1) This regulation applies if the EPA— r 8A Climate Change (Forestry Sector) Regulations 2008 Reprinted as at 1 January 2017 10 (a) is satisfied that any forest land is pre-1990 forest land; or (b) records any post-1989 forest land as a carbon accounting area in respect of which there is a post-1989 forest land participant; or (c) declares any pre-1990 forest land to be exempt land under section 183 of the Act; or (d) notes on a register under section 186D(3) of the Act that the offsetting forest land is pre-1990 offsetting forest land. (2) If this regulation applies, the EPA must,— (a) if the forest land is Māori land, give notice to the Registrar of the Maori Land Court in whose jurisdiction the land is located that the land is— (i) pre-1990 forest land; or (ii) post-1989 forest land that forms part of a carbon accounting area in respect of which a person is a participant under the Act; or (iii) exempt land under section 183 of the Act; or (iv) pre-1990 offsetting forest land; or (b) if the forest land is registered or provisionally registered under the Land Transfer Act 1952, give notice to the Registrar-General of Land that the land is— (i) pre-1990 forest land; or (ii) post-1989 forest land that forms part of a carbon accounting area in respect of which a person is a participant under the Act; or (iii) exempt land under section 183 of the Act; or (iv) pre-1990 offsetting forest land; or (c) if the forest land is registered under the Deeds Registration Act 1908, give notice to the Registrar of Deeds that the land is— (i) pre-1990 forest land; or (ii) post-1989 forest land that forms part of a carbon accounting area in respect of which a person is a participant under the Act; or (iii) exempt land under section 183 of the Act; or (iv) pre-1990 offsetting forest land. (3) A notice under subclause (2)— (a) must be in form 1 of Schedule 3; and (b) may contain any additional information that the EPA thinks fit; and (c) must, if any pre-1990 forest land, post-1989 forest land that forms part of a carbon accounting area in respect of which a person is a participant under the Act, pre-1990 offsetting forest land, or exempt land constitutes part of a greater area of land contained in a record of the Maori Land Reprinted as at 1 January 2017 Climate Change (Forestry Sector) Regulations 2008 r 10 11 Court, computer register, or deeds index, indicate that only part of the land is— (i) pre-1990 forest land; or (ii) post-1989 forest land that forms part of a carbon accounting area in respect of which a person is a participant under the Act; or (iii) exempt land under section 183 of the Act; or (iv) pre-1990 offsetting forest land. Regulation 10(1): amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14). Regulation 10(1)(c): amended, on 1 January 2013, by regulation 7(1) of the Climate Change (Forest ry Sector) Amendment Regulations (No 2) 2012 (SR 2012/398). Regulation 10(1)(d): inserted, on 1 January 2013, by regulation 7(2) of the Climate Change (Forestry Sector) Amendment Regulations (No 2) 2012 (SR 2012/398). Regulation 10(2): amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14). Regulation 10(2)(a)(iv): inserted, on 1 January 2013, by regulation 7(3) of the Climate Change (For estry Sector) Amendment Regulations (No 2) 2012 (SR 2012/398). Regulation 10(2)(b)(iv): inserted, on 1 January 2013, by regulation 7(4) of the Climate Change (For estry Sector) Amendment Regulations (No 2) 2012 (SR 2012/398). Regulation 10(2)(c)(iii): amended, on 1 January 2013, by regulation 7(5) of the Climate Change (For estry Sector) Amendment Regulations (No 2) 2012 (SR 2012/398). Regulation 10(2)(c)(iv): inserted, on 1 January 2013, by regulation 7(6) of the Climate Change (For estry Sector) Amendment Regulations (No 2) 2012 (SR 2012/398). Regulation 10(3)(b): amended, on 5 December 2011, by section 53(2) of the Environmental Protec tion Authority Act 2011 (2011 No 14). Regulation 10(3)(c): amended, on 1 January 2013, by regulation 7(7) of the Climate Change (Forest ry Sector) Amendment Regulations (No 2) 2012 (SR 2012/398). Regulation 10(3)(c)(iii): amended, on 1 January 2013, by regulation 7(8) of the Climate Change (For estry Sector) Amendment Regulations (No 2) 2012 (SR 2012/398). Regulation 10(3)(c)(iv): inserted, on 1 January 2013, by regulation 7(9) of the Climate Change (For estry Sector) Amendment Regulations (No 2) 2012 (SR 2012/398). 11 Registrar to record notices in relation to status of forest land A Registrar who receives notice under regulation 10 that land is pre-1990 for est land, post-1989 land that forms part of a carbon accounting area in respect of which a person is a participant under the Act, or exempt land under section 183 of the Act must record the notice in the appropriate record of the Maori Land Court, computer register, or deeds index relating to the land. 12 Cancellation of notices (1) This regulation applies if— (a) the EPA has notified a Registrar under regulation 10 that any land is— (i) pre-1990 forest land; or r 11 Climate Change (Forestry Sector) Regulations 2008 Reprinted as at 1 January 2017 12 (ii) post-1989 forest land that forms part of a carbon accounting area in respect of which a person is a participant under the Act; or (iii) exempt land under section 183 of the Act; and (b) the EPA is satisfied that— (i) any land, or part of any land, notified as— (A) pre-1990 forest land is not, or has ceased to be, pre-1990 forest land; or (B) post-1989 forest land is not, or has ceased to be, part of a carbon accounting area in respect of which a person is a participant under the Act; or (ii) any land or part of the land notified as exempt land under section 183 of the Act is not or has ceased to be exempt land. (2) If this regulation applies, the EPA must, by notice to the appropriate Registrar, cancel or partially cancel the notice given under regulation 10. (3) If a Registrar receives a notice from the EPA under subclause (2), the Regis trar— (a) must amend the relevant Maori Land Court record, computer register, or deeds index relating to the land to reflect the cancellation or partial can cellation of the notice given under regulation 10; and (b) may take any other action in respect of a Maori Land Court record, com puter register, or deeds index for the land to ensure that the land is not noted as— (i) pre-1990 forest land; or (ii) post-1989 forest land that is part of a carbon accounting area in re spect of which a person is a participant under the Act; or (iii) exempt land under section 183 of the Act. (4) A notice under subclause (2) must be in form 2 of Schedule 3 and may contain such additional information as the EPA thinks fit. Regulation 12(1)(a): amended, on 5 December 2011, by section 53(2) of the Environmental Protec tion Authority Act 2011 (2011 No 14). Regulation 12(1)(b): amended, on 5 December 2011, by section 53(2) of the Environmental Protec tion Authority Act 2011 (2011 No 14). Regulation 12(2): amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14). Regulation 12(3): amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14). Regulation 12(4): amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14). Reprinted as at 1 January 2017 Climate Change (Forestry Sector) Regulations 2008 r 12 13 13 Applications for exemptions for pre-1990 forest land under section 183 An application for a declaration that pre-1990 forest land is exempt land under section 183 of the Act must be accompanied by geospatial mapping informa tion about the area of land in respect of which the exemption is sought. Pre-1990 forest land participants 14 Collection of information by pre-1990 forest land participants (1) Subject to subclause (3), a pre-1990 forest land participant must collect the fol lowing information in relation to any pre-1990 forest land, other than exempt land, from which trees are cleared as part of deforestation by the participant in a year: (a) the area, in hectares, of pre-1990 forest land from which trees are cleared; and (b) in relation to each hectare of cleared land,— (i) the forest type cleared; and (ii) the age of the forest species cleared; and (iii) if the forest species is Pinus radiata, the region or regions in which the pre-1990 forest land is located. (2) The rules specified in regulation 16 apply for the purposes of subclause (1)(b). (3) If a person becomes a pre-1990 forest land participant in a year due to the oper ation of— (a) section 179 of the Act, the information that must be collected by the par ticipant under subclause (1) must relate to the trees cleared from the land 4 years, 10 years, or 20 years earlier (as relevant), whether or not those trees were cleared by the pre-1990 forest land participant; and (b) section 181(3) of the Act, the information that must be collected under subclause (1) must relate to the trees cleared from the pre-1990 forest land prior to the forest land being transferred to the pre-1990 forest land participant, or control of the forest land reverting to the pre-1990 forest land participant following the expiry or termination of the forestry right, Crown forest licence, lease, or other agreement that related to the land. Regulation 14(3)(a): amended, on 22 November 2012, by regulation 4 of the Climate Change (For estry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 14(3)(b): amended, on 22 November 2012, by regulation 4 of the Climate Change (For estry Sector) Amendment Regulations 2012 (SR 2012/321). 15 Method of calculating emissions for deforestation of pre-1990 forest land (1) A pre-1990 forest land participant must calculate the emissions from each sub area of pre-1990 forest land deforested by the participant in an emissions return period in accordance with the following formula: E = A × C r 13 Climate Change (Forestry Sector) Regulations 2008 Reprinted as at 1 January 2017 14 where— A is the area, in hectares, of land in the sub-area C is the figure for carbon stock per hectare from table 1 or 2 in Schedule 4 that reflects— (a) the forest type cleared from the sub-area; and (b) the age of the trees cleared; and (c) if the forest type is Pinus radiata, the region in which the sub-area is located E is the emissions in tonnes of carbon dioxide from the deforestation of the sub-area. (2) Application of the tables in Schedule 4 is subject to— (a) the rules in regulation 16; and (b) section 186 of the Act, which provides special rules where the trees cleared from pre-1990 forest land are 8 years old or younger. (3) An emissions return submitted by a pre-1990 forest land participant must re cord the participant’s total emissions from deforestation for the emissions re turn period determined by adding together the emissions from each sub-area, as calculated under subclause (1). Regulation 15(1) formula: replaced, on 1 January 2017, by regulation 5 of the Climate Change (For estry Sector) Amendment Regulations 2016 (LI 2016/216). 15A Offsetting forest land applications (1) A person applying to the EPA for offsetting under section 186A of the Act must calculate carbon equivalence in accordance with regulations 14, 15, and 16 and this regulation. (2) Regulations 14, 15, and 16 apply in relation to the calculation of the carbon stock for each sub-area of a forest type intended to be deforested and offset with offsetting forest land as if the applicant had already deforested and was a pre-1990 forest land participant. (3) The applicant must collect and provide information as to the proposed area in hectares, region (where relevant), and forest type for each sub-area that will be planted as part of the offsetting forest land. (4) The carbon stock of a sub-area that is intended to be deforested must be calcu lated by using the relevant table in Schedule 4. (5) The applicant must calculate the corresponding area of offsetting forest land re quired so that sub-areas and carbon stock of the offsetting forest land is equal to or greater than the total area and total carbon stock of the pre-1990 forest land that is intended to be deforested. (6) The following formula must be used to calculate the carbon stock of a sub-area of offsetting forest land: Reprinted as at 1 January 2017 Climate Change (Forestry Sector) Regulations 2008 r 15A 15 T = A × C where— A is the area, in hectares, of land in the sub-area C is the figure for carbon stock per hectare from table 1 or 2 in Schedule 6 that reflects— (a) the forest type of the sub-area; and (b) if the forest type is Pinus radiata, the region in which the sub-area is located; and (c) the age of the trees equal to the usual rotation period of the forest type of the pre-1990 forest land that is intended to be deforested T is the forest carbon stock of the sub-area in tonnes of carbon dioxide. Example A pre-1990 forest land owner with 100 hectares of 30-year-old radiata pine in Auckland decides to deforest that land and plant a radiata pine forest in Hawke’s Bay as offsetting forest land. Step 1 Calculate the emissions from clearing the 30-year-old radiata pine in Auckland using table 1 of Schedule 4: 860 tonnes CO2/hectare × 100 hectares = 86 000 tonnes. Step 1 is for calculating what the emissions would be if the pre-1990 forest land in Auckland had been deforested. At step 1, deforestation has not yet occur red. Step 2 Obtain the usual rotation period for radiata pine from regulation 15B: 28 years. Step 3 Calculate the area of offsetting forest land required to meet carbon equivalency by dividing the estimated emissions from the pre-1990 forest land that will be defores ted by the amount of carbon stock listed in table 1 of Schedule 6 that a radiata pine forest in Hawke’s Bay would store in the usual rotation period (28 years) of the deforested Auckland forest: 86 000/797 = 107.9 hectares. This means that 107.9 hectares of radiata pine forest in Hawke’s Bay is needed to meet carbon equivalency. Step 4 Ensure that the offsetting forest land is at least equivalent in size to the area of pre-1990 forest land that is to be deforested. In this example, the area equivalency of 100 hectares is met. Regulation 15A: inserted, on 1 January 2013, by regulation 8 of the Climate Change (Forestry Sec tor) Amendment Regulations (No 2) 2012 (SR 2012/398). Regulation 15A(6) formula: replaced, on 1 January 2017, by regulation 6 of the Climate Change (Forestry Sector) Amendment Regulations 2016 (LI 2016/216). r 15A Climate Change (Forestry Sector) Regulations 2008 Reprinted as at 1 January 2017 16 15B Usual rotation periods for forest species The usual rotation periods for the purposes of section 186F(a) of the Act are as specified in the following table: Forest species Description Usual rotation period (years) Radiata pine Where the predominant forest species is radiata pine 28 Douglas fir Where the predominant forest species is Douglas fir 40 Exotic softwoods Where the predominant forest species is an exotic softwood 45 Exotic hardwoods Where the predominant forest species is an exotic hardwood grown on a short ro tation for the purpose of producing pulp logs 15 Exotic hardwoods Where the predominant forest species is an exotic hardwood grown primarily for the purpose of producing saw logs 30 Regulation 15B: inserted, on 1 January 2013, by regulation 8 of the Climate Change (Forestry Sector) Amendment Regulations (No 2) 2012 (SR 2012/398). 16 Rules for application of tables in Schedule 4 The following rules must be used when applying the tables in Schedule 4 for the purpose of calculating emissions under regulation 15: (a) the age of a tree is the number of years from the year of planting or re generation of the tree in its final location to the year of clearing of the tree, no matter when in the relevant year the tree was planted, regener ated, or cleared: Example A tree is planted at any time in 1985 and felled at any time during 2011. For the purposes of applying the tables in Schedule 4, the tree is 26 years old. The tree spent a period in a nursery (starting in 1984) before being planted in its final location in 1985. The period in the nursery is not relevant to the calculation. (b) if a tree regenerates on land on which a forest species was cleared imme diately prior to the regeneration, the tree is to be treated for the purposes of paragraph (a) as having regenerated in the year following the year in which the forest species was cleared: Example An area of forest land contains regenerating Douglas fir. The Douglas fir was last harvested from the land in 2008. For the purposes of determining the age of the trees under paragraph (a), the current Douglas fir is treated as having regenerated in 2009. (c) the forest type of a hectare of forest land is— Reprinted as at 1 January 2017 Climate Change (Forestry Sector) Regulations 2008 r 16 17 (i) Pinus radiata if the predominant forest species on the land is Pi nus radiata; or (ii) Douglas fir if the predominant forest species on the land is Doug las fir; or (iii) exotic softwoods if the predominant forest species on the land is an exotic softwood; or (iv) exotic hardwoods if the predominant forest species on the land is an exotic hardwood: (v) indigenous forest if the predominant forest species on the land is indigenous: (d) [Revoked] (e) if trees cleared from land are older than the last age on the table for that forest type, the age for those trees is the last age on the table: Example An area of forest land is cleared of 58-year-old exotic softwoods. The figure for carbon stock per hectare for 50-year-old trees (the last age on table 2 in Schedule 4) is to be used. (f) if a hectare of forest land contains trees of mixed ages, the age of the trees is to be calculated as a weighted average by— (i) determining— (A) the total basal area of all the trees; and (B) the total basal area of the trees of each age group; and (C) the fraction of the total basal area of each age group with respect to the total basal area of all the trees (by dividing the value obtained under subsubparagraph (B) by the value obtained under subsubparagraph (A)); and (ii) for the trees of each age group, multiplying the age of the age group by the value obtained in subparagraph (i)(C); and (iii) adding together the results for all the age groups: Example A participant has a hectare of intermingled Pinus radiata of 2 ages: 30-year-old trees and 15-year-old trees. The 30-year-old trees com prise 70% of the total basal area and the 15-year-old trees comprise 30% of the total basal area. The age of the trees is their basal area weighted average age of 25.5 years ((30 years × 0.7) + (15 years × 0.3) = 25.5 years), which is rounded to 26 years. (fa) if a hectare of forest land contains regenerating indigenous forest species of mixed ages as the predominant forest species, the age of all of the trees in that hectare is calculated from the time since regeneration of the r 16 Climate Change (Forestry Sector) Regulations 2008 Reprinted as at 1 January 2017 18 first of the indigenous forest species in that hectare began following the change in land management that initiated the conversion of the hectare to forest land from land that was not forest land: (g) if, under paragraph (f) or (fa),— (i) the age of the trees is not a whole number, the age must be roun ded to the nearest whole number: (ii) the age of the trees includes 0.5 of a year, the number must be rounded up to the nearest whole number: (h) if a hectare of forest land contains trees of both mixed species and mixed ages, the average age of the trees in that hectare— (i) is that of the predominant forest species; and (ii) is determined— (A) in the manner specified in paragraph (f) by using values of the basal area for the predominant forest species only; or (B) in the case of regenerating indigenous forest species, in ac cordance with paragraph (fa). Regulation 16(a): amended, on 1 January 2017, by regulation 7(1) of the Climate Change (Forestry Sector) Amendment Regulations 2016 (LI 2016/216). Regulation 16(a) example: replaced, on 1 January 2017, by regulation 7(2) of the Climate Change (Forestry Sector) Amendment Regulations 2016 (LI 2016/216). Regulation 16(c)(v): added, on 19 June 2011, by regulation 8(1) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Regulation 16(d): revoked, on 1 October 2010, by regulation 6(1) of the Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183). Regulation 16(f): substituted, on 1 October 2010, by regulation 6(2) of the Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183). Regulation 16(fa): inserted, on 19 June 2011, by regulation 8(2) of the Climate Change (Forestry Sec tor) Amendment Regulations 2011 (SR 2011/138). Regulation 16(fa): amended, on 1 January 2013, by regulation 9 of the Climate Change (Forestry Sector) Amendment Regulations (No 2) 2012 (SR 2012/398). Regulation 16(g): amended, on 19 June 2011, by regulation 8(3) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Regulation 16(h): added, on 1 October 2010, by regulation 6(3) of the Climate Change (Forestry Sec tor) Amendment Regulations 2010 (SR 2010/183). Regulation 16(h)(ii): substituted, on 19 June 2011, by regulation 8(4) of the Climate Change (Forest ry Sector) Amendment Regulations 2011 (SR 2011/138). 17 Emissions returns in relation to deforestation of pre-1990 forest land An emissions return of a pre-1990 forest land participant must be accompanied by the following information in respect of each area of pre-1990 forest land, other than exempt land, deforested by the participant in the emissions return period: (a) its legal description; and Reprinted as at 1 January 2017 Climate Change (Forestry Sector) Regulations 2008 r 17 19 (b) if relevant, the computer register reference or references or Maori Land Court records that pertain to the area; and (c) geospatial mapping information. Post-1989 forest land participants 18 Mapping information for post-1989 forest land The geospatial mapping information specified in the second column of Sched ule 5 must be submitted to the EPA with the document specified in the first col umn of Schedule 5. Regulation 18: amended, on 5 December 2011, by section 53(2) of the Environmental Protection Au thority Act 2011 (2011 No 14). 19 Collection of information by post-1989 forest land participants (1) A post-1989 forest land participant must collect the following information in relation to each carbon accounting area in respect of which the participant is recorded as carrying out an activity listed in Part 1 of Schedule 4 of the Act in a year: (a) the area, in hectares, of each forest type in the carbon accounting area and, in relation to each hectare of that forest type,— (i) the name of the forest type; and (ii) the age of the trees; and (iii) if the forest species is Pinus radiata, the region or regions in which the post-1989 forest land is located; and (b) the area, in hectares, of land cleared in the carbon accounting area and, in relation to each hectare of cleared land,— (i) the forest type cleared; and (ii) the age of the trees cleared; and (iii) if the forest species is Pinus radiata, the region or regions in which the post-1989 forest land is located. (2) The rules specified in regulation 22 apply for the purposes of subclause (1). 20 Calculation of carbon stock changes by post-1989 forest land participants (1) A post-1989 forest land participant must calculate the emissions or removals from each carbon accounting area covered by an emissions return for an emis sions return period by determining the carbon stock change in the carbon ac counting area in accordance with the following formula: CSchange = ∑(CSclosing) − ∑(CSopening) where— CSchange is the carbon stock change for the carbon accounting area in the emis sions return period r 18 Climate Change (Forestry Sector) Regulations 2008 Reprinted as at 1 January 2017 20 CSclosing is the carbon stock of each sub-area within the carbon accounting area at the end of the emissions return period, calculated in accordance with regulation 21 CSopening is, subject to regulation 20A, the carbon stock of each sub-area within the carbon accounting area at the beginning of the emissions return period, calculated in accordance with regulation 21. (2) If the carbon stock change for a carbon accounting area in an emissions return period is— (a) positive, the change is a removal; or (b) negative, the change is an emission. (3) This regulation is subject to regulation 20A. Regulation 20: substituted, on 8 December 2009, by section 88(2) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57). 20A Calculation of carbon stock changes when new carbon accounting area is constituted from post-1989 forest land from another carbon accounting area (1) This regulation applies if a carbon accounting area (CAA2) has been constitu ted from the whole or part of another carbon accounting area or areas under section 188(7)(b)(ii)(B) or 192(3)(b) of the Act. (2) For the purposes of calculating carbon stock change in CAA2 under regulation 20(1) in an emissions return period that commences on the date of constitution of CAA2, CSopening is the figure determined using the following formula: CSopening = ∑(CSpclosing) where— CSopening is the carbon stock for CAA2 at the beginning of the emissions return period CSpclosing is the carbon stock at the beginning of the emissions return period for each part of CAA2 formed from another carbon accounting area, as cal culated under subclause (3). (3) For the purposes of subclause (2), CSpclosing must be calculated using the fol lowing formula: CSpclosing = CSCAA1/HCAA1 × HpCAA1 where— CSpclosing is the carbon stock at the beginning of the emissions return period for the part of CAA2 that has been formed from CAA1 CSCAA1 is the total carbon stock for CAA1 at the end of the period covered by the return submitted under section 191 or 193 of the Act for CAA1 (as calculated under regulation 21) Reprinted as at 1 January 2017 Climate Change (Forestry Sector) Regulations 2008 r 20A 21 HCAA1 is the number of hectares in CAA1 (immediately before constitution of CAA2) HpCAA1 is the number of hectares of the part of CAA1 that forms part of CAA2. (4) For the purpose of subclause (3), CAA1 means the carbon accounting area from which CAA2 formed part. Regulation 20A: inserted, on 8 December 2009, by section 88(2) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57). 21 Calculation of carbon stock (1) For the purposes of regulation 20, the carbon stock of a sub-area must be calcu lated by— (a) using— (i) table 1 or 2 of Schedule 6 for non-FMA participants, or the table required under regulation 22E for FMA participants, to calculate the forest carbon stock of the sub-area other than from any above ground residual wood and below ground roots from previously cleared trees referred to in subparagraph (ii) (T1); and (ii) if relevant, table 3 or 4 of Schedule 6 for non-FMA participants, or the table required under regulation 22E for FMA participants, to calculate the carbon stock of the sub-area from above ground residual wood and below ground roots from previously cleared trees that are to be treated as decaying on the land under regula tion 22(h) (T2); and (b) adding together each of the figures for carbon stock referred to in sub clause (1)(a) (T1 + T2). (2) The following formula must be used to calculate the carbon stock of a sub-area under subclause (1)(a)(i): T1 = A × C where— A is the area, in hectares, of land in the sub-area C is the figure for carbon stock per hectare from table 1 or 2 in Schedule 6 for non-FMA participants, or the table required under regulation 22E for FMA participants, that reflects— (a) the forest type of the sub-area; and (b) the age of the trees; and (c) if the forest type is Pinus radiata and a table in Schedule 6 is be ing used, the region in which the sub-area is located r 21 Climate Change (Forestry Sector) Regulations 2008 Reprinted as at 1 January 2017 22 T1 is the forest carbon stock of the sub-area, other than from any above ground residual wood and below ground roots from previously cleared trees, in tonnes of carbon dioxide. (3) The following formula must be used to calculate the carbon stock of a sub-area under subclause (1)(a)(ii): T2 = A × C × (10 – TSC)/10 where— A is the area, in hectares, of land in the sub-area C is the figure for carbon stock per hectare in the above ground residual wood and below ground roots from cleared trees from table 3 or 4 in Schedule 6 for non-FMA participants, or the table required under regula tion 22E for FMA participants, that reflects— (a) the forest type of the residual wood decaying on the sub-area; and (b) the age of the trees when cleared; and (c) where the forest type cleared was Pinus radiata and a table in Schedule 6 is being used, the region in which the sub-area is loca ted TSC is the number of years up to 10 since the trees were cleared and is equal to the difference between— (a) the year in which the end of the emissions return period falls (or, if the emissions return period ends on 31 December, the following year); and (b) the year that the trees were cleared (no matter when in that year the trees were cleared) T2 is the carbon stock of the sub-area from above ground residual wood and below ground roots from any cleared trees, in tonnes of carbon dioxide. (4) Application of the tables in Schedule 6 or any participant-specific table re quired under regulation 22E is subject to the rules in regulation 22. Regulation 21(1)(a): substituted, on 1 September 2011, by regulation 9(1) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Regulation 21(2) formula: replaced, on 1 January 2017, by regulation 8(1) of the Climate Change (Forestry Sector) Amendment Regulations 2016 (LI 2016/216). Regulation 21(2) formula item C: amended, on 1 September 2011, by regulation 9(2) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Regulation 21(2) formula item C paragraph (c): amended, on 1 September 2011, by regulation 9(3) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Regulation 21(2) formula item T1: amended, on 1 September 2011, by regulation 9(4) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Regulation 21(3) formula: replaced, on 1 January 2017, by regulation 8(2) of the Climate Change (Forestry Sector) Amendment Regulations 2016 (LI 2016/216). Regulation 21(3) formula item C: amended, on 1 September 2011, by regulation 9(5) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Reprinted as at 1 January 2017 Climate Change (Forestry Sector) Regulations 2008 r 21 23 Regulation 21(3) formula item C paragraph (c): amended, on 1 September 2011, by regulation 9(6) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Regulation 21(3) formula item Y: revoked, on 1 January 2017, by regulation 8(3) of the Climate Change (Forestry Sector) Amendment Regulations 2016 (LI 2016/216). Regulation 21(3) formula item Tsc: inserted, on 1 January 2017, by regulation 8(3) of the Climate Change (Forestry Sector) Amendment Regulations 2016 (LI 2016/216). Regulation 21(4) : amended, on 1 September 2011, by regulation 9(7) of the Climate Change (Forest ry Sector) Amendment Regulations 2011 (SR 2011/138). 22 Rules for application of tables in Schedule 6 or participant-specific tables The following rules must be used when applying the tables in Schedule 6 or participant-specific tables for the purposes of calculating carbon stock under regulation 21: (a) the age of a tree is the number of years from the year of planting or re generation of the tree in its final location, no matter when in the relevant year the tree was planted or regenerated, to (as the case may be)— (i) the year of commencement of the emissions return period; or (ii) the year of clearing of the tree, no matter when in that year the tree was cleared; or (iii) the year in which the end of the emissions return period falls, un less the return ends on 31 December, in which case the age is to be calculated as at 1 January of the following year: Example A tree is planted at any time during 1995. An emissions return is submitted for the period 1 January 2008 to 31 December 2010. For the purposes of applying the tables in Schedule 6, the tree was 13 years old (2008−1995) at the start of the emissions return period and 16 years old (2011−1995) at the end of the period. The tree had spent a period in a nursery (starting in 1994) before being planted in its final location in 1995. The period in the nursery is not relevant to the calculation. (b) if a tree that is an exotic forest species regenerates on land from which a forest species has been cleared, and the regeneration occurs in the same calendar year as the clearing, the tree is to be treated for the purposes of paragraph (a) as having regenerated in the year following the year in which the forest species was cleared: Example An area of post-1989 forest land contains regenerating Pinus radiata. The Pinus radiata was last felled in 2008. For the purposes of determining the age of the trees under paragraph (a), the current Pinus radiata is treated as having regenerated in 2009. (c) the forest type of a hectare of forest land is— r 22 Climate Change (Forestry Sector) Regulations 2008 Reprinted as at 1 January 2017 24 (i) Pinus radiata if the predominant forest species on the land is Pi nus radiata; or (ii) Douglas fir if the predominant forest species on the land is Doug las fir; or (iii) exotic softwoods if the predominant forest species on the land is an exotic softwood; or (iv) exotic hardwoods if the predominant forest species on the land is an exotic hardwood; or (v) indigenous forest if the predominant forest species on the land is indigenous: (d) [Revoked] (e) if the age of a tree calculated under paragraph (a) is older than the last age on the table for that forest type, the age for that tree is the last age on the table: Example Exotic hardwoods in an area of post-1989 forest land are calculated to be 27 years old. The entry for 25-year-old trees (the last age on table 2 of Schedule 6) is to be used. (f) if a hectare of forest land contains trees of mixed ages and paragraph (fa) does not apply, the age of the trees is to be calculated as a weighted aver age by— (i) determining— (A) the total basal area of all the trees; and (B) the total basal area of the trees of each age group; and (C) the fraction of the total basal area of each age group with respect to the total basal area of all the trees (by dividing the value obtained under subsubparagraph (B) by the value obtained under subsubparagraph (A)); and (ii) for the trees of each age group, multiplying the age of the age group by the value obtained in subparagraph (i)(C); and (iii) adding together the results for all the age groups: Example A participant has a hectare of intermingled Pinus radiata of 2 ages: 30-year-old trees and 15-year-old trees. The 30-year-old trees com prise 70% of the total basal area and the 15-year-old trees comprise 30% of the total basal area. The age of the trees is their basal area weighted average age of 25.5 years ((30 years × 0.7) + (15 years × 0.3) = 25.5 years), which is rounded to 26 years. Reprinted as at 1 January 2017 Climate Change (Forestry Sector) Regulations 2008 r 22 25 (fa) if a hectare of forest land contains regenerating indigenous forest species of mixed ages as the predominant forest species, the age of all of the trees in that hectare is calculated from the time since regeneration of the first of the indigenous forest species in that hectare began following the change in land management that initiated the conversion of the hectare to forest land from land that was not forest land: (g) if, under paragraph (f) or (fa),— (i) the age of the trees is not a whole number, the age must be roun ded to the nearest whole number: (ii) the age of the trees includes 0.5 of a year, the number must be rounded up to the nearest whole number: (h) if trees have been cleared but the land has not been deforested, the re sidual wood from above ground residual wood and below ground roots from the cleared trees is to be treated as decaying for a period of 10 years from the year of clearing: (i) if a hectare of forest land contains trees of both mixed species and mixed ages, the average age of the trees in that hectare— (i) is that of the predominant forest species; and (ii) is determined— (A) in the manner specified in paragraph (f) by using values of the basal area for the predominant forest species only; or (B) in the case of regenerating indigenous forest, in accordance with paragraph (fa). Regulation 22 heading: amended, on 1 September 2011, by regulation 10(1) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Regulation 22: amended, on 1 September 2011, by regulation 10(2) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Regulation 22(a): amended, on 1 January 2017, by regulation 9(1) of the Climate Change (Forestry Sector) Amendment Regulations 2016 (LI 2016/216). Regulation 22(a) example: replaced, on 1 January 2017, by regulation 9(2) of the Climate Change (Forestry Sector) Amendment Regulations 2016 (LI 2016/216). Regulation 22(b): substituted, on 1 October 2010, by regulation 8(1) of the Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183). Regulation 22(b): amended, on 1 September 2011, by regulation 10(3) of the Climate Change (For estry Sector) Amendment Regulations 2011 (SR 2011/138). Regulation 22(d): revoked, on 1 October 2010, by regulation 8(2) of the Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183). Regulation 22(f): substituted, on 1 October 2010, by regulation 8(3) of the Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183). Regulation 22(fa): inserted, on 1 October 2010, by regulation 8(3) of the Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183). Regulation 22(fa): amended, on 1 January 2013, by regulation 10 of the Climate Change (Forestry Sector) Amendment Regulations (No 2) 2012 (SR 2012/398). r 22 Climate Change (Forestry Sector) Regulations 2008 Reprinted as at 1 January 2017 26 Regulation 22(g): amended, on 1 September 2011, by regulation 10(4) of the Climate Change (For estry Sector) Amendment Regulations 2011 (SR 2011/138). Regulation 22(h): amended, on 1 September 2011, by regulation 10(5) of the Climate Change (For estry Sector) Amendment Regulations 2011 (SR 2011/138). Regulation 22(i): added, on 1 October 2010, by regulation 8(4) of the Climate Change (Forestry Sec tor) Amendment Regulations 2010 (SR 2010/183). FMA participants Heading: inserted, on 1 September 2011, by regulation 11 of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). 22A Assignment of forest class (1) An FMA participant may, by giving notice to the EPA, assign— (a) a forest class of exotic to any area of the FMA participant’s registered post-1989 forest land on which 1 or more exotic forest species are grow ing or being managed with the intention that an exotic forest species will be the predominant forest species on each hectare of the land (or part thereof); and (b) a forest class of indigenous to any area of the FMA participant’s regis tered post-1989 forest land on which 1 or more indigenous forest species are growing or being managed with the intention that an indigenous for est species will be the predominant forest species on each hectare of the land (or part thereof). (2) An FMA participant who assigns a forest class by notice to the EPA under sub clause (1) must assign a forest class of exotic or indigenous (as the case may be) to all areas of the FMA participant’s registered post-1989 forest land. Regulation 22A: inserted, on 1 September 2011, by regulation 11 of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Regulation 22A(1): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forest ry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22A(2): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forest ry Sector) Amendment Regulations 2012 (SR 2012/321). 22B Field measurement-based assessment process (1) An FMA participant must, in accordance with any relevant standard issued by the EPA,— (a) apply to the EPA for the allocation of permanent sample plots to be loca ted on the FMA participant’s registered post-1989 forest land, which ap plication must request— (i) the minimum number of plots required under regulation 22C; or (ii) a greater number of plots than the minimum number of plots re quired; and (b) establish a permanent sample plot at each location allocated for a plot by the EPA under regulation 22C; and Reprinted as at 1 January 2017 Climate Change (Forestry Sector) Regulations 2008 r 22B 27 (c) at least once in each mandatory emissions return period, collect the fol lowing information in relation to each permanent sample plot located on the FMA participant’s registered post-1989 forest land: (i) the identifier and location of the plot; and (ii) the following information for the plot or each part of the plot: (A) the shape, dimensions, and area; and (B) the type and dimensions of any trees present; and (C) if the FMA participant wishes, the type and dimensions of the shrub species present; and (D) silvicultural information in relation to trees (if applicable), including (but not limited to) the actual or intended dates, intensity, and types of pruning and thinning up to the expec ted time of clearing; and (E) information about any adverse event (for example, fire or windthrow) that has caused clearing of any trees, including (but not limited to) the date, intensity, and type of the ad verse event; and (iii) the date on which any information was collected for the purpose of subparagraph (ii); and (d) submit the FMA information collected under paragraph (c) for each per manent sample plot to the EPA together with a written declaration that states that— (i) the FMA information submitted— (A) is true and correct; and (B) has been collected from the plot to which the FMA infor mation is attributed; and (ii) the management and silvicultural regime of the FMA participant’s registered post-1989 forest land within the plot is consistent with the management and silvicultural regime of the FMA participant’s registered post-1989 forest land of the same forest type and age in the locality of the plot. (1A) For the first mandatory emissions return period (1 January 2008 to 31 Decem ber 2012), an FMA participant may collect the information specified in sub clause (1)(c)(i) and (ii) up until the close of 31 March 2013 if,— (a) before 31 December 2012, the participant commenced collecting the in formation or entered into a contract with a forestry inventory specialist to collect the information; and (b) the participant provides a statutory declaration stating which of those steps the participant had taken. r 22B Climate Change (Forestry Sector) Regulations 2008 Reprinted as at 1 January 2017 28 (2) Subject to any waiver granted under regulation 22K, an FMA participant who submits FMA information to the EPA under subclause (1)(d) must submit FMA information for all the permanent sample plots that, at the date of submission of the FMA information, have been allocated to the FMA participant’s registered post-1989 forest land. (3) However, as long as the FMA participant complies with the requirements in subclauses (1)(c) and (d) to collect information from all the permanent sample plots on the FMA participant’s registered post-1989 forest land at least once in each mandatory emissions return period and submit it to the EPA, FMA infor mation submitted under subclause (1)(d) may be information that has already been provided to the EPA. Regulation 22B: inserted, on 1 September 2011, by regulation 11 of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Regulation 22B(1): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forest ry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22B(1)(a): amended, on 22 November 2012, by regulation 4 of the Climate Change (For estry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22B(1)(b): amended, on 22 November 2012, by regulation 4 of the Climate Change (For estry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22B(1)(d): amended, on 22 November 2012, by regulation 4 of the Climate Change (For estry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22B(1A): inserted, on 1 January 2013, by regulation 11 of the Climate Change (Forestry Sector) Amendment Regulations (No 2) 2012 (SR 2012/398). Regulation 22B(2): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forest ry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22B(3): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forest ry Sector) Amendment Regulations 2012 (SR 2012/321). 22C Allocation of permanent sample plots (1) The EPA must, on receipt of an application under regulation 22B, allocate plots to an FMA participant’s registered post-1989 forest land in accordance with any standard issued by the EPA and in accordance with the following rules: (a) subject to paragraph (b), the minimum number of plots required for an FMA participant’s registered post-1989 forest land is— (i) 30 plots for 100 hectares of forest land: (ii) 200 plots for 10 000 or more hectares of forest land: (iii) a number determined on a sliding scale between 30 and 200 plots for forest land between 100 and 10 000 hectares: (b) if an FMA participant has assigned a forest class or classes to its regis tered post-1989 forest land, the EPA must determine the minimum num ber of plots for each of the following areas in accordance with the for mula in paragraph (c): (i) the area of the FMA participant’s land to which a forest class of exotic has been assigned: Reprinted as at 1 January 2017 Climate Change (Forestry Sector) Regulations 2008 r 22C 29 (ii) the area of the FMA participant’s land to which a forest class of indigenous has been assigned: (c) the formula for determination of the minimum number of plots for an area of land in an assigned forest class is— NP-FC = AFC/ATOTAL × NP-TOTAL × CFC where— NP-FC is the minimum number of permanent sample plots for the area of the FMA participant’s registered post-1989 forest land in the as signed forest class AFC is the area in hectares of the FMA participant’s registered post-1989 forest land in the assigned forest class ATOTAL is the total area in hectares of the FMA participant’s registered post-1989 forest land NP-TOTAL is the minimum number of permanent sample plots required for the FMA participant’s total registered post-1989 forest land under paragraph (a) CFC is— (i) 1, if the assigned forest class for the area is exotic: (ii) 0.5, if the assigned forest class for the area is indigenous: (d) the EPA must allocate plots to the FMA participant’s post-1989 forest land as follows: (i) if the FMA participant has not assigned a forest class or classes to the land, the EPA must allocate— (A) the minimum number of plots determined under paragraph (a) for the land; or (B) any greater number of plots requested by the FMA partici pant: (ii) if the FMA participant has assigned a forest class or classes to the land, the EPA must allocate, in respect of the area of the FMA participant’s land in each of the forest class of exotic and the for est class of indigenous,— (A) the minimum number of plots determined under paragraph (c) for that area; or (B) any greater number of plots requested by the FMA partici pant: (e) if the number of plots required to be allocated to an area of land under paragraph (d) is— r 22C Climate Change (Forestry Sector) Regulations 2008 Reprinted as at 1 January 2017 30 (i) not a whole number, the EPA must round the number to the near est whole number, with 0.5 being rounded up to the nearest whole number: (ii) less than 2, the EPA must allocate 2 plots to the area: (f) the required number of plots for an area of the FMA participant’s regis tered post-1989 forest land must be allocated as uniformly as practicable within that area. (2) The EPA must give notice to the FMA participant of the identifier and location of the permanent sample plots allocated to the FMA participant’s registered post-1989 forest land under subclause (1). (3) This regulation is subject to regulation 22J(3) and (4). Regulation 22C: inserted, on 1 September 2011, by regulation 11 of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Regulation 22C(1): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forest ry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22C(1)(b): amended, on 22 November 2012, by regulation 4 of the Climate Change (For estry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22C(1)(d): amended, on 22 November 2012, by regulation 4 of the Climate Change (For estry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22C(1)(d)(i): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22C(1)(d)(ii): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22C(1)(e)(i): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22C(1)(e)(ii): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22C(2): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forest ry Sector) Amendment Regulations 2012 (SR 2012/321). 22D Production of participant-specific tables (1) The EPA must, on receipt of any FMA information from an FMA participant (together with any declaration required) or when requested by an FMA partici pant under regulation 22G(6) or 22H(3),— (a) use the FMA information that the FMA participant has provided and, as necessary, carbon stock expansion factors from related parameters, to model forest growth and carbon yield (including forecast growth and yield) for the FMA participant’s registered post-1989 forest land with the same forest type by age of trees; and (b) produce and provide to the relevant FMA participant the following tables for each forest type covered by the FMA information: (i) a participant-specific forest carbon stock table expressed as tonnes of carbon dioxide per hectare; and Reprinted as at 1 January 2017 Climate Change (Forestry Sector) Regulations 2008 r 22D 31 (ii) a participant-specific residual carbon stock table expressed as tonnes of carbon dioxide per hectare. (2) The participant-specific tables produced by the EPA under subclause (1) must be based on national or international industry standard approaches for deter mination and forecasting of forest carbon stocks (for example, industry stand ard models or allometric equations) that have been peer reviewed by a person or persons that the EPA considers to be expert in the fields of forest inventory, forest growth modelling, or forest carbon stock estimation. (3) The participant-specific tables may be produced automatically by a computer or other electronic means as a result of information entered or held in the com puter or other electronic means, and tables produced by these means— (a) must be treated as tables produced by the EPA; and (b) are not invalid by virtue of being produced automatically. (4) The EPA may, if any FMA information provided by an FMA participant ap pears to be incomplete or abnormal, seek further information or confirmation of the information from the FMA participant before producing participant-spe cific tables based on the information. (5) A participant-specific table produced by the EPA under subclause (1) must be provided to the relevant FMA participant in accordance with section 147 of the Act as if the participant-specific table were a notice given under that section. Regulation 22D: inserted, on 1 September 2011, by regulation 11 of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Regulation 22D(1): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forest ry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22D(2): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forest ry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22D(3)(a): amended, on 22 November 2012, by regulation 4 of the Climate Change (For estry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22D(4): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forest ry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22D(5): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forest ry Sector) Amendment Regulations 2012 (SR 2012/321). 22E Use of participant-specific tables (1) A post-1989 forest land participant who is an FMA participant in the first com mitment period must,— (a) if the FMA participant is required to submit an emissions return within 6 months of the end of that period under section 189(4) of the Act, use the following participant-specific tables to calculate carbon stock for the purposes of the emissions return: (i) a participant-specific forest carbon stock table generated from FMA information collected during the first commitment period to calculate carbon stock under regulation 21(1)(a)(i): r 22E Climate Change (Forestry Sector) Regulations 2008 Reprinted as at 1 January 2017 32 (ii) a participant-specific residual carbon stock table generated from FMA information collected during the first commitment period to calculate carbon stock under regulation 21(1)(a)(ii); and (b) use the tables required to be used by a non-FMA participant under regu lation 21 to calculate carbon stock for the purposes of any emissions re turn submitted in respect of any part of the first commitment period other than the emissions return referred to in paragraph (a). (2) A post-1989 forest land participant who is an FMA participant in any mandato ry emissions period other than the first commitment period must,— (a) if the FMA participant has participant-specific tables provided by the EPA, use for any emissions return (other than the emissions return re ferred to in paragraph (c)) the FMA participant’s most recent— (i) participant-specific forest carbon stock table to calculate carbon stock under regulation 21(1)(a)(i): (ii) participant-specific residual carbon stock table to calculate carbon stock under regulation 21(1)(a)(ii); and (b) if the FMA participant does not yet have participant-specific tables pro vided by the EPA, use the tables required to be used by a non-FMA par ticipant under regulation 21 to calculate carbon stock for the purposes of any emissions return submitted in respect of any part of the mandatory emissions return period other than the emissions return referred to in paragraph (c); and (c) if the FMA participant is required to submit an emissions return within 6 months of the end of the mandatory emissions return period under sec tion 189(4) of the Act, use the following participant-specific tables to calculate carbon stock for the purposes of the emissions return: (i) a participant-specific forest carbon stock table generated from FMA information collected during the mandatory emissions re turn period to calculate carbon stock under regulation 21(1)(a)(i): (ii) a participant-specific residual carbon stock table generated from FMA information collected during the mandatory emissions re turn period to calculate carbon stock under regulation 21(1)(a)(ii). (3) If an FMA participant is required by these regulations to calculate carbon stock for a forest type using participant-specific tables and those participant-specific tables do not include the forest type, the FMA participant must use the tables set out in Schedule 6 to calculate the carbon stock as if the FMA participant were a non-FMA participant. (4) If, when calculating carbon stock for the purpose of an emissions return, an FMA participant is aware that any of the silvicultural or adverse event informa tion on which the FMA participant’s most recent participant-specific tables are based is incomplete or no longer valid for the period covered by the emissions Reprinted as at 1 January 2017 Climate Change (Forestry Sector) Regulations 2008 r 22E 33 return (for example, because of a change in silvicultural intentions, or an inter vening adverse event), the FMA participant— (a) may not use the FMA participant’s most recent participant-specific tables to calculate carbon stock; but (b) must submit FMA information that includes updated silvicultural or ad verse event information to the EPA under regulation 22B(1)(d), together with the declaration required by that regulation; and (c) must request the EPA to produce, and provide to the FMA participant, updated participant-specific tables that take into account the new infor mation; and (d) must use the updated participant-specific tables provided by the EPA for the purposes of the emissions return. (5) An FMA participant must, when submitting an emissions return that shows emissions or removals calculated using a participant-specific table, also submit a declaration that states that the silvicultural and adverse event information provided for all the permanent sample plots on the FMA participant’s regis tered post-1989 forest land and on which the participant-specific table used for the purposes of the emissions return was based, remains valid and complete. (6) Subclauses (1) and (2) are subject to— (a) subclause (4); and (b) regulations 22F to 22J and 22L. (7) Subclauses (4) and (5) do not apply if the emissions return is submitted under section 189(3) of the Act. Regulation 22E: inserted, on 1 September 2011, by regulation 11 of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Regulation 22E(1)(a): amended, on 1 January 2013, by regulation 12(1) of the Climate Change (For estry Sector) Amendment Regulations (No 2) 2012 (SR 2012/398). Regulation 22E(2)(a): amended, on 22 November 2012, by regulation 4 of the Climate Change (For estry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22E(2)(b): amended, on 22 November 2012, by regulation 4 of the Climate Change (For estry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22E(2)(c): amended, on 1 January 2013, by regulation 12(2) of the Climate Change (For estry Sector) Amendment Regulations (No 2) 2012 (SR 2012/398). Regulation 22E(4)(b): amended, on 22 November 2012, by regulation 4 of the Climate Change (For estry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22E(4)(c): amended, on 22 November 2012, by regulation 4 of the Climate Change (For estry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22E(4)(d): amended, on 22 November 2012, by regulation 4 of the Climate Change (For estry Sector) Amendment Regulations 2012 (SR 2012/321). 22F Application for allocation of new permanent sample plots (1) An FMA participant who has permanent sample plots on the FMA participant’s registered post-1989 forest land may apply for the allocation of new plots to r 22F Climate Change (Forestry Sector) Regulations 2008 Reprinted as at 1 January 2017 34 the land if the FMA participant has not previously applied for the allocation of plots to the land in the mandatory emissions return period in which the applica tion is made (other than applying for additional plots as provided in regulation 22G or 22J). (2) Before making an application under subclause (1), the FMA participant— (a) may, in accordance with regulation 22A,— (i) assign a forest class or classes to the FMA participant’s registered post-1989 forest land; or (ii) notify any change to the forest class or classes assigned to the FMA participant’s registered post-1989 forest land; or (b) may, by notice to the EPA, advise that the FMA participant no longer wishes a forest class or classes to be assigned to the FMA participant’s registered post-1989 forest land. (3) An FMA participant who is allocated new permanent sample plots following an application made under this regulation must— (a) establish those plots at the locations allocated by the EPA; and (b) use, for any emissions return submitted after the date of allocation of the plots that is in respect of the mandatory emissions return period in which the application was made, participant-specific tables produced by the EPA based on FMA information collected from the plots allocated to the land. (4) Subclause (3)(b) does not apply if the emissions return is submitted under sec tion 189(3) of the Act. Regulation 22F: inserted, on 1 September 2011, by regulation 11 of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Regulation 22F(1): replaced, on 1 January 2017, by regulation 10(1) of the Climate Change (Forestry Sector) Amendment Regulations 2016 (LI 2016/216). Regulation 22F(2)(b): amended, on 22 November 2012, by regulation 4 of the Climate Change (For estry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22F(3)(a): amended, on 22 November 2012, by regulation 4 of the Climate Change (For estry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22F(3)(b): amended, on 22 November 2012, by regulation 4 of the Climate Change (For estry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22F(4): inserted, on 1 January 2017, by regulation 10(2) of the Climate Change (Forestry Sector) Amendment Regulations 2016 (LI 2016/216). 22G Rules to apply if FMA participant’s registered post-1989 forest land is reduced but remains 100 or more hectares (1) This regulation applies if— (a) an FMA participant’s registered post-1989 forest land is reduced by— (i) the FMA participant removing a carbon accounting area or re moving land from a carbon accounting area; or Reprinted as at 1 January 2017 Climate Change (Forestry Sector) Regulations 2008 r 22G 35 (ii) the operation of section 192 of the Act; and (b) despite the reduction, the FMA participant retains 100 hectares or more of registered post-1989 forest land. (2) If the number of permanent sample plots on the FMA participant’s remaining registered post-1989 forest land does not meet the minimum requirements in regulation 22C, the FMA participant must— (a) apply to the EPA for allocation of— (i) additional plots that will bring the number of plots on the FMA participant’s registered post-1989 forest land up to the minimum required for the land; or (ii) any greater number of additional plots than the number required to bring the number of plots up to the minimum required for the land, that the FMA participant would like to establish; and (b) establish the additional plots in the locations allocated by the EPA. (3) If the FMA participant is unable to determine whether the number of perman ent sample plots on the FMA participant’s remaining post-1989 forest land meets the minimum requirements specified in regulation 22C,— (a) the FMA participant may request the EPA to determine the minimum re quired number of plots; and (b) the EPA must, if requested to do so by an FMA participant, determine the minimum number of plots required for the FMA participant’s regis tered post-1989 forest land (taking into account any forest class or classes assigned to the land) and advise the FMA participant of that number. (4) If the number of permanent sample plots on the FMA participant’s remaining registered post-1989 forest land meets the minimum requirements specified in regulation 22C, the FMA participant— (a) may apply to the EPA for allocation of any additional plots that the FMA participant would like to establish; and (b) must, if allocated additional plots in accordance with paragraph (a), es tablish the additional plots in the locations allocated by the EPA. (5) Subject to subclause (6), the FMA participant must use, for any emissions re turn submitted in respect of the FMA participant’s remaining registered post-1989 forest land, participant-specific tables produced by the EPA based on FMA information collected from all the permanent sample plots allocated to the land (that is, the previously allocated plots and any additional plots) if the FMA participant— (a) is required by regulation 22E to use participant-specific tables for the purposes of calculating carbon stock for any emissions return; and r 22G Climate Change (Forestry Sector) Regulations 2008 Reprinted as at 1 January 2017 36 (b) is required to have or has elected to apply for additional permanent sam ple plots under subclause (2)(a) or (4)(a). (6) If the FMA participant wishes to submit an emissions return under section 189(3) of the Act before the FMA participant has been provided with partici pant-specific tables based on FMA information collected from all the perman ent sample plots allocated to the land, the FMA participant must— (a) request the EPA to produce interim participant-specific tables based on FMA information previously provided in respect of the plots on the FMA participant’s remaining registered post-1989 forest land; and (b) use the interim tables produced as a result of the request to calculate car bon stock under regulation 21 for the emissions return. (7) For the purposes of subclause (6), the FMA participant must request the pro duction of interim participant-specific tables under subclause (6)(a) when the FMA participant— (a) applies to remove the carbon accounting area or to remove land from the carbon accounting area; or (b) gives notice of transmission of the interest under section 192 of the Act. Regulation 22G: inserted, on 1 September 2011, by regulation 11 of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Regulation 22G(2)(a): amended, on 22 November 2012, by regulation 4 of the Climate Change (For estry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22G(2)(b): amended, on 22 November 2012, by regulation 4 of the Climate Change (For estry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22G(3)(a): amended, on 22 November 2012, by regulation 4 of the Climate Change (For estry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22G(3)(b): amended, on 22 November 2012, by regulation 4 of the Climate Change (For estry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22G(4)(a): amended, on 22 November 2012, by regulation 4 of the Climate Change (For estry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22G(4)(b): amended, on 22 November 2012, by regulation 4 of the Climate Change (For estry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22G(5): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forest ry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22G(6)(a): amended, on 22 November 2012, by regulation 4 of the Climate Change (For estry Sector) Amendment Regulations 2012 (SR 2012/321). 22H Rules to apply if FMA participant’s registered post-1989 forest land is reduced below 100 hectares (1) This regulation applies if— (a) an FMA participant’s registered post-1989 forest land is reduced by— (i) the FMA participant removing a carbon accounting area or re moving land from a carbon accounting area; or (ii) the operation of section 192 of the Act; and Reprinted as at 1 January 2017 Climate Change (Forestry Sector) Regulations 2008 r 22H 37 (b) the FMA participant has, as a result of the reduction, less than 100 hec tares of registered post-1989 forest land. (2) The FMA participant must use to calculate carbon stock for the purposes of any emissions return submitted in respect of the FMA participant’s remaining registered post-1989 forest land, in respect of which the FMA participant is re quired by regulation 22E to use participant-specific tables,— (a) participant-specific tables produced by the EPA based on FMA informa tion collected from the permanent sample plots on the FMA participant’s remaining registered post-1989 forest land if at least 2 permanent sample plots are on that land: (b) the tables required to be used by a non-FMA participant to calculate car bon stock, if fewer than 2 permanent sample plots are on the FMA par ticipant’s remaining registered post-1989 forest land. (3) For the purposes of complying with subclause (2)(a), the FMA participant may request the EPA to produce participant-specific tables based on the FMA infor mation that was previously submitted in respect of the permanent sample plots on the FMA participant’s remaining registered post-1989 forest land. (4) However, if the tables are to be used to calculate carbon stock for the purposes of an emissions return other than a return under section 189(3) of the Act, and the FMA participant is aware that any of the silvicultural or adverse event in formation previously submitted is incomplete or no longer valid (for example, because of a change in silvicultural intentions, or any intervening adverse event), the FMA participant— (a) may not use participant-specific tables produced by the EPA based on the previously submitted FMA information; but (b) must— (i) submit FMA information for the permanent sample plots on the FMA participant’s remaining registered post-1989 forest land that includes updated silvicultural or adverse event information to the EPA under regulation 22B(1)(d), together with the declaration re quired by that regulation; and (ii) use the participant-specific tables produced by the EPA based on the information referred to in subparagraph (i) for the purposes of calculating carbon stock for the emissions return. (5) To avoid doubt, subclauses (2), (3), and (4) do not override regulation 22E(1)(a) or (2)(c). (6) The FMA participant must make any request for participant-specific tables under subclause (3) when the FMA participant— (a) applies to remove a carbon accounting area or remove land from a car bon accounting area; or (b) gives notice of transmission of an interest under section 192 of the Act. r 22H Climate Change (Forestry Sector) Regulations 2008 Reprinted as at 1 January 2017 38 (7) An FMA participant who has 2 or more permanent sample plots on the FMA participant’s remaining registered post-1989 forest land, and who subsequently adds further post-1989 forest land but still has less than 100 hectares of regis tered post-1989 forest land, must, if required by regulation 22E to use partici pant-specific tables for the purposes of calculating carbon stock for any emis sions return,— (a) use, for the FMA participant’s remaining registered post-1989 forest land, participant-specific tables based on FMA information from the plots on that land as referred to in subclauses (2) to (4); and (b) use, for the added land, the tables that a non-FMA participant would be required to use under regulation 21 to calculate carbon stock. (8) An FMA participant who has reduced the FMA participant’s remaining regis tered post-1989 forest land to less than 100 hectares and who subsequently adds further post-1989 forest land so that the FMA participant’s total registered post-1989 forest land is 100 hectares or more,— (a) must, at the time the FMA participant adds the land that takes the FMA participant up to or over the 100-hectare threshold, apply to the EPA for an allocation of new permanent sample plots for the FMA participant’s registered post-1989 forest land; and (b) may at the same time as complying with paragraph (a) comply with regulation 22F(2)(a) or (b); and (c) must establish those plots at the locations allocated by the EPA; and (d) must, if required by regulation 22E to use participant-specific tables, use participant-specific tables produced by the EPA based on FMA informa tion collected from the plots allocated to the land for any emissions re turn submitted after the date of allocation of the plots and in respect of the FMA participant’s registered post-1989 forest land after the increase in the area of land. Regulation 22H: inserted, on 1 September 2011, by regulation 11 of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Regulation 22H(2)(a): amended, on 22 November 2012, by regulation 4 of the Climate Change (For estry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22H(3): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forest ry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22H(4)(a): amended, on 22 November 2012, by regulation 4 of the Climate Change (For estry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22H(4)(b)(i): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22H(4)(b)(ii): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22H(8)(a): amended, on 22 November 2012, by regulation 4 of the Climate Change (For estry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22H(8)(c): amended, on 22 November 2012, by regulation 4 of the Climate Change (For estry Sector) Amendment Regulations 2012 (SR 2012/321). Reprinted as at 1 January 2017 Climate Change (Forestry Sector) Regulations 2008 r 22H 39 Regulation 22H(8)(d): amended, on 22 November 2012, by regulation 4 of the Climate Change (For estry Sector) Amendment Regulations 2012 (SR 2012/321). 22I Reconfiguration of registered post-1989 forest land (1) This regulation applies if— (a) an FMA participant— (i) applies to remove a carbon accounting area from the FMA partici pant’s registered post-1989 forest land; or (ii) is removed from the register in respect of all the land in respect of which the FMA participant is recorded as carrying out an activity listed in Part 1 of Schedule 4 of the Act; and (b) within 20 working days of the matter in paragraph (a), the FMA partici pant applies to— (i) add a carbon accounting area or areas consisting of all the post-1989 forest land that was in the carbon accounting area re moved from the FMA participant’s registered post-1989 forest land; or (ii) register as a participant under section 57 of the Act in relation to all the post-1989 forest land in respect of which the FMA partici pant has ceased to be registered as a participant. (2) If this regulation applies,— (a) the FMA participant is not required to comply with regulation 22G or 22H; and (b) regulations 22B to 22F and 22K to 22M continue to apply to the FMA participant as if there has been no change in— (i) the post-1989 forest land in respect of which the FMA participant was recorded as a participant; or (ii) the FMA participant’s registration under the Act. Regulation 22I: inserted, on 1 September 2011, by regulation 11 of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). 22J Rules to apply if FMA participant’s registered post-1989 forest land is 100 hectares or more and is increased (1) This regulation applies if an FMA participant’s registered post-1989 forest land is 100 hectares or more and is increased by— (a) the FMA participant adding 1 or more carbon accounting areas to the FMA participant’s registered post-1989 land; or (b) the operation of section 192 of the Act. (2) Subject to subclause (9), the FMA participant must— (a) apply to the EPA for allocation of— r 22I Climate Change (Forestry Sector) Regulations 2008 Reprinted as at 1 January 2017 40 (i) the minimum number of permanent sample plots required for the FMA participant’s registered post-1989 forest land under regula tion 22C(1)(a) or (b), as applicable; or (ii) any greater number of plots than the minimum required for the land under those provisions that the FMA participant would like; and (b) establish the plots allocated by the EPA in accordance with subclause (3). (3) Subclause (4) applies to an application made under subclause (2)(a) if— (a) the FMA participant has not assigned a forest class or classes to the FMA participant’s registered post-1989 forest land, in respect of all the FMA participant’s registered post-1989 forest land: (b) the FMA participant has assigned a forest class or classes to the FMA participant’s registered post-1989 forest land in the required locations, in respect of— (i) the area of the FMA participant’s registered post-1989 forest land to which a class of exotic has been assigned: (ii) the area of the FMA participant’s registered post-1989 forest land to which a class of indigenous has been assigned. (4) If this subclause applies, the EPA must, when allocating permanent sample plots in respect of an area of registered post-1989 forest land,— (a) determine the number of plots per hectare on the FMA participant’s registered post-1989 forest land (or registered post-1989 forest land in that forest class) prior to the new land being added (DEXIST); and (b) determine, if the number of new plots applied for under subclause (2)(a) were to be allocated as uniformly as practicable across both the prior land and the added land (or the prior land in that forest class and the add ed land in that forest class, as applicable),— (i) the number of new plots that would, if allocated, be located on the prior land or the prior land in that forest class (NNEW-PRIOR); and (ii) the number of new plots that would, if allocated, be located on the added land or the added land in that forest class (NNEW-ADDED); and (iii) the number of new plots per hectare that would, if allocated, be lo cated on the added land or the added land in that forest class (D NEW-ADDED); and (c) if DNEW-ADDED is greater than DEXIST, determine the number of new plots that would be allocated to the added land if DNEW-ADDED were equal to D EXIST; and Reprinted as at 1 January 2017 Climate Change (Forestry Sector) Regulations 2008 r 22J 41 (d) allocate new plots to the FMA participant’s registered post-1989 forest land (or the FMA participant’s registered post-1989 forest land in that forest class, as applicable) as follows: (i) unless paragraph (c) applies, allocate to the added land the num ber of new plots that is equal to NNEW-ADDED: (ii) if paragraph (c) applies, allocate to the added land the number of new plots that is equal to the number determined under paragraph (c): (iii) retain from the existing plots on the prior land and treat as newly allocated plots the number of plots equal to NNEW-PRIOR. (5) The EPA must give notice to the FMA participant of the identifier and location of the permanent sample plots allocated to the FMA participant’s registered post-1989 forest land under subclause (4). (6) To avoid doubt, any permanent sample plots that are not retained on the prior land, or that existed on the added land before it was added to the FMA partici pant’s registered post-1989 forest land, are not to be treated as allocated to the FMA participant’s registered post-1989 forest land. (7) Subject to subclause (8), the FMA participant must, if required by regulation 22E to use participant-specific tables for the purposes of calculating carbon stock for any emissions return, use participant-specific tables produced by the EPA based on FMA information collected from all the permanent sample plots allocated to the land under subclause (4) for any emissions return submitted in respect of the FMA participant’s registered post-1989 forest land after the in crease in the area of land. (8) If the FMA participant wishes to submit an emissions return under section 189(3) of the Act before the participant-specific tables based on FMA informa tion collected from all the permanent sample plots allocated to the land under subclause (4) are produced, the FMA participant may use,— (a) for calculating the carbon stock of the prior land, the FMA participant’s most recent participant-specific tables generated before the addition of the land; and (b) for calculating the carbon stock of the added land, the tables from the following list that lead to the lesser amount of removals or the greater amount of emissions: (i) the participant-specific tables used for the prior land under para graph (a): (ii) the tables that a non-FMA participant would be required to use under regulation 21 to calculate carbon stock. (9) If the FMA participant would be entitled to apply for allocation of new per manent sample plots to the FMA participant’s registered post-1989 forest land r 22J Climate Change (Forestry Sector) Regulations 2008 Reprinted as at 1 January 2017 42 under regulation 22F(1), the FMA participant may, instead of complying with this regulation, comply with regulation 22F. Regulation 22J: inserted, on 1 September 2011, by regulation 11 of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Regulation 22J(2)(a): amended, on 22 November 2012, by regulation 4 of the Climate Change (For estry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22J(2)(b): amended, on 22 November 2012, by regulation 4 of the Climate Change (For estry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22J(4): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22J(5): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22J(7): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321). 22K Permanent waivers in relation to requirement to establish permanent sample plots (1) Despite regulation 22B, 22G, 22H, or 22J, if an FMA participant determines that establishing, or collecting FMA information from, a permanent sample plot in a location specified by the EPA is, or has become, impractical or dan gerous, the FMA participant may submit an application to the EPA for a per manent waiver of the requirement to establish, or collect FMA information from, the plot in that location. (2) An application made under subclause (1)— (a) may be made at any time before FMA information from the specified permanent sample plot is required to be submitted to the EPA for the generation of participant-specific tables; and (b) must specify— (i) why establishing, or collecting FMA information from, the plot is impractical or dangerous; and (ii) if an estimate of the FMA information that would otherwise be re quired to be collected from the plot is possible, how the estimate is to be made, including, if the FMA participant proposes to estab lish an alternative plot, the proposed location of that plot. (3) The EPA may grant a permanent waiver under this regulation if the EPA is satisfied that establishing, or collecting FMA information from, a permanent sample plot in the allocated location is impractical or dangerous. (4) An FMA participant who is granted a permanent waiver under this regulation is not required to establish the permanent sample plot in the location allocated for the plot, but must, if required by the EPA, and in accordance with any condi tions prescribed by the EPA,— Reprinted as at 1 January 2017 Climate Change (Forestry Sector) Regulations 2008 r 22K 43 (a) provide estimates of the FMA information that would have been collec ted from a plot in the location allocated for the plot when required to submit FMA information from the plot under these regulations; or (b) establish a plot in an alternative location specified by the EPA and com ply with these regulations as if that plot were a plot allocated to the FMA participant’s registered post-1989 forest land. (5) If the EPA grants a permanent waiver to an FMA participant under this regula tion and does not require the FMA participant to provide estimated or actual FMA information for a permanent sample plot under subclause (4),— (a) the FMA participant is not required to comply with these regulations in respect of the submission of FMA information from the allocated plot; and (b) these regulations apply with any necessary modifications as if the FMA participant had not been allocated a sample plot in that location. Regulation 22K: inserted, on 1 September 2011, by regulation 11 of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Regulation 22K(1): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forest ry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22K(2)(a): amended, on 22 November 2012, by regulation 4 of the Climate Change (For estry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22K(3): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forest ry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22K(4): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forest ry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22K(4)(b): amended, on 22 November 2012, by regulation 4 of the Climate Change (For estry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22K(5): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forest ry Sector) Amendment Regulations 2012 (SR 2012/321). 22L Waivers in relation to use of participant-specific tables (1) An FMA participant may apply to the EPA for a waiver of— (a) any requirement under regulation 22G(5) or 22J(7) to use participant specific tables generated from FMA information that includes informa tion from additional permanent sample plots required to be established under regulation 22G or from new plots to be allocated or added under regulation 22J, when calculating carbon stock under regulation 21, on the basis that— (i) insufficient time exists before an emissions return is required to be submitted under the Act to establish the plots, or collect the re quired FMA information from the plots and provide it to the EPA to enable the required participant-specific tables to be produced; or r 22L Climate Change (Forestry Sector) Regulations 2008 Reprinted as at 1 January 2017 44 (ii) owing to circumstances beyond the FMA participant’s control, the FMA participant is unable to establish the plots, or collect the re quired FMA information from the plots and provide it to the EPA to enable the required participant-specific tables to be produced; or (b) the requirement for the FMA participant to use any particular partici pant-specific tables when calculating carbon stock under regulation 21, on the basis that owing to circumstances beyond the FMA participant’s control, the FMA participant is unable to establish permanent sample plots, or collect the required FMA information and provide it to the EPA to enable participant-specific tables to be produced, before an emissions return is required to be submitted under the Act. (2) If the EPA grants a waiver under— (a) subclause (1)(a), the FMA participant must,— (i) if the FMA participant’s registered post-1989 forest land has re duced,— (A) submit FMA information for the permanent sample plots al ready established on the FMA participant’s remaining registered post-1989 forest land (that includes updated sil vicultural or adverse event information) to the EPA under regulation 22B(1)(d), together with the declaration required by that regulation; and (B) use the participant-specific tables produced by the EPA based on the information referred to in subsubparagraph (A) for the purposes of calculating carbon stock for the emissions return; or (ii) if the FMA participant’s registered post-1989 forest land has in creased, subject to regulation 22E(4), use the tables that would be required to be used under regulation 22J(8) to calculate carbon stock for the purposes of the emissions return; or (b) subclause (1)(b), the FMA participant must,— (i) subject to regulation 22E(4), use the most recent participant-spe cific tables that apply to the FMA participant’s registered post-1989 forest land to determine carbon stock under regulation 21; or (ii) in the absence of an applicable participant-specific table, use the tables that a non-FMA participant would be required to use under regulation 21 to calculate carbon stock. (3) An application for a waiver under— (a) subclause (1)(a) must— (i) be made— Reprinted as at 1 January 2017 Climate Change (Forestry Sector) Regulations 2008 r 22L 45 (A) at the same time as any application or notification that re lates to an addition to or a removal from the FMA partici pant’s registered post-1989 forest land; or (B) if the FMA participant is unable to meet the requirement of subsubparagraph (A), as soon as practicable after the cir cumstances requiring the waiver become apparent, but be fore the date by which the relevant emissions return is re quired to be submitted; and (ii) describe the actions that the FMA participant has taken to attempt to comply with the requirements in the regulations and state the reasons why the FMA participant has been unable to comply; and (iii) be accompanied by evidence that corroborates the information provided under subparagraph (ii): (b) subclause (1)(b) must— (i) be made as soon as practicable after the circumstances requiring the waiver become apparent, but before the date by which the relevant emissions return is required to be submitted; and (ii) describe the actions that the FMA participant has taken to attempt to comply with the requirements in the regulations and state the reasons why the FMA participant has been unable to comply; and (iii) be accompanied by evidence that corroborates the information provided under subparagraph (ii). Regulation 22L: inserted, on 1 September 2011, by regulation 11 of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Regulation 22L(1): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forest ry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22L(1)(a)(i): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22L(1)(a)(ii): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22L(1)(b): amended, on 22 November 2012, by regulation 4 of the Climate Change (For estry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22L(2): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forest ry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22L(2)(a)(i)(A): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22L(2)(a)(i)(B): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321). 22M Cost recovery for assessment under section 121 of Act (1) An FMA participant is liable to pay for any actual and reasonable costs incur red by the EPA in making an assessment under section 121 of the Act in re spect of any matters required to be in the FMA participant’s emissions return, including (but not limited to) the costs associated with— r 22M Climate Change (Forestry Sector) Regulations 2008 Reprinted as at 1 January 2017 46 (a) establishing permanent sample plots at locations specified by the EPA: (b) collecting the FMA information required for each permanent sample plot: (c) obtaining forest sub-area information: (d) using participant-specific tables produced by the EPA in reliance on the information collected to determine the emissions or removals from the FMA participant’s carbon accounting areas. (2) An FMA participant is liable to pay for— (a) any services carried out by the EPA: (b) the actual and reasonable costs of services carried out by third parties on behalf of the EPA for the purposes of making the assessment (including any time spent travelling to carry out field-based services) plus the dis bursements of the third parties at actual cost. (3) An FMA participant is liable to pay for any services carried out by the EPA for the purposes of making the assessment (including any time spent travelling to carry out field-based services) at the rate of $132.88 per hour plus disburse ments at actual cost. (4) Any costs payable under subclause (1), (2), or (3) must be paid to the EPA upon an invoice issued by or on behalf of the EPA and within the time speci fied in the invoice. (5) Despite subclause (4), the EPA may approve other arrangements for the pay ment of costs payable under subclause (1), (2), or (3). (6) The rate specified in subclause (3) is inclusive of goods and services tax under the Goods and Services Tax Act 1985. Regulation 22M: inserted, on 1 September 2011, by regulation 11 of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Regulation 22M(1): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forest ry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22M(1)(a): amended, on 22 November 2012, by regulation 4 of the Climate Change (For estry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22M(1)(d): amended, on 22 November 2012, by regulation 4 of the Climate Change (For estry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22M(2)(a): amended, on 22 November 2012, by regulation 4 of the Climate Change (For estry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22M(2)(b): amended, on 22 November 2012, by regulation 4 of the Climate Change (For estry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22M(3): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forest ry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22M(4): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forest ry Sector) Amendment Regulations 2012 (SR 2012/321). Regulation 22M(5): amended, on 22 November 2012, by regulation 4 of the Climate Change (Forest ry Sector) Amendment Regulations 2012 (SR 2012/321). Reprinted as at 1 January 2017 Climate Change (Forestry Sector) Regulations 2008 r 22M 47 22N Form of certain documents To avoid doubt, any application, request, or notice under regulations 22A to 22M must be submitted, made, or given in the manner and be in the form and format, if any, prescribed by the EPA under section 90 of the Act. Regulation 22N: inserted, on 1 September 2011, by regulation 11 of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Regulation 22N: amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321). 22O Transitional provision Despite anything in regulations 22A to 22N, an FMA participant may not sub mit any FMA information to the EPA before 1 September 2012 without the consent of the EPA. Regulation 22O: inserted, on 1 September 2011, by regulation 11 of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Regulation 22O: amended, on 22 November 2012, by regulation 4 of the Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321). Tree weed exemptions Heading: added, on 2 July 2010, by regulation 9 of the Climate Change (Forestry Sector) Amend ment Regulations 2010 (SR 2010/183). 23 Designation of certain trees as tree weeds For the purposes of section 184(9)(b) of the Act, the trees listed in Schedule 7 are tree weeds. Regulation 23: added, on 2 July 2010, by regulation 9 of the Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183). 24 Applications for declarations of exempt land An application under section 184(3) of the Act for a declaration that pre-1990 forest land specified in the application is exempt land must be accompanied by the following information, in addition to the information required by section 184(4) of the Act: (a) the name and contact details of the applicant; and (b) documentation to establish the legal interest of the applicant in the pre-1990 forest land, including,— (i) if the applicant is the landowner,— (A) a copy of the computer freehold register for the pre-1990 forest land; or (B) if there is no computer freehold register for the pre-1990 forest land, documentation that gives evidence of the appli cant’s interest in that land, such as the relevant Maori Land Court records; or r 22N Climate Change (Forestry Sector) Regulations 2008 Reprinted as at 1 January 2017 48 (ii) if the applicant is a third party for the purpose of section 180 of the Act, further documentation to verify the applicant’s status as an eligible third party; and (c) the name and contact details of a person who is able to grant access to the pre-1990 forest land for the purpose of determining any matter rele vant to the application; and (d) a declaration that, in relation to the pre-1990 forest land, the applicant— (i) has not applied for, or been granted, an allocation of units under section 77 of the Act; and (ii) has not applied for, or been granted, a declaration that the pre-1990 forest land is exempt land under section 183 of the Act; and (e) a declaration that all the information provided with the application is true and accurate to the best of the applicant’s knowledge and belief. Regulation 24: added, on 2 July 2010, by regulation 9 of the Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183). 25 Further information required in relation to application (1) An application made under section 184(3) of the Act must, in relation to the pre-1990 forest land specified in the application, include the following infor mation: (a) the tree weed species to which the application relates; and (b) the legal description of the pre-1990 forest land where the applicant pro poses to undertake deforestation of tree weeds; and (c) the total area in hectares of the pre-1990 forest land for which the appli cant seeks a declaration that the land is exempt land; and (d) the geospatial mapping information about the pre-1990 forest land; and (e) any relevant characteristics in relation to the risk of seed dispersal, in cluding (but not limited to)— (i) the topography and slope of the pre-1990 forest land: (ii) the direction of the prevailing wind and the exposure of the pre-1990 forest land to wind: (iii) the use of any other land within 2 kilometres of the boundary of the pre-1990 forest land specified in the application. (2) An applicant may include any other relevant information that the applicant considers ought to be taken into account in determining the application. Regulation 25: added, on 2 July 2010, by regulation 9 of the Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183). Reprinted as at 1 January 2017 Climate Change (Forestry Sector) Regulations 2008 r 25 49 26 Information required in relation to land under statutory protection or control (1) This regulation applies if any part of the pre-1990 forest land specified in the application is within an area for which there is— (a) a pest management plan, as defined in section 2(1) of the Biosecurity Act 1993; or (b) a plan, policy, standard, or other document relating to the management of tree weeds prepared under any other enactment. (2) The application must include the name of the plan, policy, standard, or other document referred to in subclause (1). Regulation 26: added, on 2 July 2010, by regulation 9 of the Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183). Regulation 26(1)(a): amended, on 18 September 2012, by section 93 of the Biosecurity Law Reform Act 2012 (2012 No 73). Regulation 26(2): amended, on 18 September 2012, by section 93 of the Biosecurity Law Reform Act 2012 (2012 No 73). 27 Information required in relation to land within or near legally protected area (1) This regulation applies if an applicant knows that any part of the pre-1990 for est land specified in the application— (a) is within a protected area; or (b) is within 2 kilometres of a protected area. (2) The application must include the name of the protected area and the statutory basis for its protection. (3) In this section, protected area means an area where the natural, cultural, or historic values of the area are protected under an enactment. Regulation 27: added, on 2 July 2010, by regulation 9 of the Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183). 28 Other documentation to be included with application If a notice of any kind has been issued, or any other action taken, under any enactment against the applicant or any other person to require clearance of tree weeds on the pre-1990 forest land specified in the application, a copy of the notice or other documentation must be included with the application. Regulation 28: added, on 2 July 2010, by regulation 9 of the Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183). r 26 Climate Change (Forestry Sector) Regulations 2008 Reprinted as at 1 January 2017 50 Schedule 1 Regions r 4 Auckland means the region encompassing— (a) the areas of land constituted by the Local Government (Auckland Region) Re organisation Order 1989, Gazette 1989, p 2247 (as in force immediately before 1 January 1990) as— (i) Auckland City; and (ii) Franklin District; and (iii) North Shore City; and (iv) Manukau City; and (v) Papakura District; and (vi) Rodney District; and (vii) Waitakare City; and (b) the areas of land constituted by the Local Government (Northland Region) Re organisation Order 1989, Gazette 1989, p 2391 (as in force immediately before 1 January 1990) as— (i) Far North District; and (ii) Kaipara District; and (iii) Whangarei District; and (c) the areas of land constituted by the Local Government (Waikato Region) Re organisation Order 1989, Gazette 1989, p 2460 (as in force immediately before 1 January 1990) as— (i) Hauraki District; and (ii) Thames–Coromandel District Bay of Plenty means the region encompassing the areas of land constituted by the Local Government (Bay of Plenty Region) Reorganisation Order 1989, Gazette 1989, p 2275 (as in force immediately before 1 January 1990) as— (a) Kawerau District; and (b) Opotiki District; and (c) Rotorua District; and (d) Tauranga District; and (e) Western Bay of Plenty District; and (f) Whakatane District Canterbury/West Coast means the region encompassing— Reprinted as at 1 January 2017 Climate Change (Forestry Sector) Regulations 2008 Schedule 1 51 (a) the areas of land constituted by the Local Government (Canterbury Region) Reorganisation Order 1989, Gazette 1989, p 2296 (as in force immediately be fore 1 January 1990) as— (i) Ashburton District; and (ii) Banks Peninsula District; and (iii) Christchurch City; and (iv) Hurunui District; and (v) Mackenzie District; and (vi) Selwyn District; and (vii) Timaru District; and (viii) Waimakariri District; and (ix) Waimate District; and (b) the areas of land constituted by the Local Government (West Coast Region) Reorganisation Order 1989, Gazette 1989, p 2517 (as in force immediately be fore 1 January 1990) as— (i) Buller District; and (ii) Grey District; and (iii) Westland District; and (c) the area of land constituted by the Local Government (Nelson–Marlborough Region) Reorganisation Order 1989, Gazette 1989, p 2375 (as in force immedi ately before 1 January 1990) as Kaikoura District; and (d) the area of land comprising the Chatham Islands Territory, as defined by sec tion 5 of the Chatham Islands Council Act 1995 (as in force immediately be fore 1 January 1996) Gisborne means the area of land constituted by the Local Government (Gisborne Region) Reorganisation Order 1989, Gazette 1989, p 2328 (as in force immediately before 1 January 1990) as Gisborne District Hawke’s Bay/Southern North Island means the region encompassing— (a) the areas of land constituted by the Local Government (Hawke’s Bay Region) Reorganisation Order 1989, Gazette 1989, p 2334 (as in force immediately be fore 1 January 1990) as— (i) Central Hawke’s Bay District; and (ii) Hastings District; and (iii) Napier City; and (iv) Wairoa District; and (b) the areas of land constituted by the Local Government (Manawatu–Wanganui Region) Reorganisation Order 1989, Gazette 1989, p 2351 (as in force immedi ately before 1 January 1990) as— Schedule 1 Climate Change (Forestry Sector) Regulations 2008 Reprinted as at 1 January 2017 52 (i) Horowhenua District; and (ii) Manawatu District; and (iii) Palmerston North City; and (iv) Rangitikei District; and (v) Ruapehu District; and (vi) Tararua District; and (vii) Wanganui District; and (c) the areas of land constituted by the Local Government (Taranaki Region) Re organisation Order 1989, Gazette 1989, p 2445 (as in force immediately before 1 January 1990) as— (i) New Plymouth District; and (ii) South Taranaki District; and (iii) Stratford District; and (d) the areas of land constituted by the Local Government (Wellington Region) Re organisation Order 1989, Gazette 1989, p 2491 (as in force immediately before 1 January 1990) as— (i) Carterton District; and (ii) Kapiti Coast District; and (iii) Lower Hutt City; and (iv) Masterton District; and (v) Porirua City; and (vi) South Wairarapa District; and (vii) Upper Hutt City; and (viii) Wellington City Nelson/Marlborough means the region encompassing the areas of land constituted by the Local Government (Nelson–Marlborough Region) Reorganisation Order 1989, Gazette 1989, p 2375 (as in force immediately before 1 January 1990) as— (a) Marlborough District; and (b) Nelson City; and (c) Tasman District Otago means the region encompassing the areas of land constituted by the Local Government (Otago Region) Reorganisation Order 1989, Gazette 1989, p 2408 (as in force immediately before 1 January 1990) as— (a) Central Otago District; and (b) Clutha District; and (c) Dunedin City; and Reprinted as at 1 January 2017 Climate Change (Forestry Sector) Regulations 2008 Schedule 1 53 (d) Queenstown–Lakes District; and (e) Waitaki District Southland means the region encompassing the areas of land constituted by the Local Government (Southland Region) Reorganisation Order 1989, Gazette 1989, p 2430 (as in force immediately before 1 January 1990) as— (a) Gore District; and (b) Invercargill District; and (c) Southland District Waikato/Taupo means the region encompassing the areas of land constituted by the Local Government (Waikato Region) Reorganisation Order 1989, Gazette 1989, p 2460 (as in force immediately before 1 January 1990) as— (a) Hamilton City; and (b) Matamata–Piako District; and (c) Otorohanga District; and (d) South Waikato District; and (e) Taupo District; and (f) Waikato District; and (g) Waipa District; and (h) Waitomo District. Schedule 1 Climate Change (Forestry Sector) Regulations 2008 Reprinted as at 1 January 2017 54 Schedule 2 Fees and charges payable for applications and other matters relating to post-1989 forest land r 8 Schedule 2: substituted, on 19 June 2011, by regulation 12 of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Matter for which fee or charge is payable Fee or charge payable Fee or charge payable by 1 Except where item 7 applies, application for registration as participant in respect of activity listed in Part 1 of Schedule 4 of Act $562.22 plus $132.88 per hour in excess of 4.25 hours for checking and processing application Applicant 2 Except where item 7 applies, submitting emissions return under section 189, 191, or 193 of Act $102.22 plus $132.88 per hour in excess of 45 minutes for processing emissions re turn Participant 3 Travel for purpose of checking that land is post-1989 forest land $132.88 per hour plus dis bursements at actual cost Applicant or participant 4 Except where item 7 applies, an application to add 1 or more carbon accounting areas $102.22 plus $132.88 per hour in excess of 45 minutes for processing application Participant 5 Application to remove 1 or more carbon accounting areas No charge – 6 Notification of transmission of interest $102.22 plus $132.88 per hour in excess of 45 minutes for processing notification Transferor 7 Application to be removed from the register as participant in respect of all carbon accounting areas for which participant is recorded as participant for activity in Part 1 of Schedule 4 of Act, combined with— (a) submission of emissions return under section 191 of Act for those carbon accounting areas: (b) application to be registered as participant in relation to all the post-1989 forest land covered by return referred to in paragraph (a): (c) submission of emissions return under section 189(4A) of Act for all land referred to in paragraph (b) $562.22 plus $132.88 per hour in excess of 4.25 hours for processing applications and emissions returns Participant Reprinted as at 1 January 2017 Climate Change (Forestry Sector) Regulations 2008 Schedule 2 55 Schedule 3 Forms rr 10(3)(a), 12(4) Form 1 Notice of status of forest land r 10(3)(a) Section 195, Climate Change Response Act 2002 To the Registrar of the Maori Land Court at [specify location of court]/Registrar-Gen eral of Land/Registrar of Deeds* The following land/Part of the following land* is— • †pre-1990 forest land under the Climate Change Response Act 2002 • †post-1989 forest land that forms part of a carbon accounting area in respect of which a person is a participant under the Climate Change Response Act 2002 • †pre-1990 forest land that is exempt land under section 183 of the Climate Change Response Act 2002. *Select one. †Select the paragraph that applies. Description of land [Insert legal description of land that is pre-1990 forest land, post-1989 forest land that forms part of a carbon accounting area in respect of which a person is a partici pant under the Climate Change Response Act 2002, or exempt land under section 183 of the Climate Change Response Act 2002, or contains such land, including the com puter register reference (if relevant).] Date: Signature: (authorised signatory) Schedule 3 form 1: amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14). Schedule 3 Climate Change (Forestry Sector) Regulations 2008 Reprinted as at 1 January 2017 56 Form 2 Cancellation or partial cancellation of notice r 12(4) Section 195, Climate Change Response Act 2002 To the Registrar of the Maori Land Court at [specify location of court]/Registrar-Gen eral of Land/Registrar of Deeds* Notice [specify LTA or other reference number] of [date] gave notice that the land/ part of the land* in Part A of the Schedule of this notice was— • †pre-1990 forest land under the Climate Change Response Act 2002 • †post-1989 forest land that forms part of a carbon accounting area in respect of which a person is a participant under the Climate Change Response Act 2002 • †pre-1990 forest land that is exempt land under section 183 of the Climate Change Response Act 2002. Please— • †cancel that notice • †cancel that notice in relation to the land in Part B of the Schedule of this no tice. *Select one. †Select the paragraph that applies. Date: Signature: (authorised signatory) Schedule Part A Description of land in regulation 10 notice [Insert legal description of land from the previous notice under regulation 10.] Reprinted as at 1 January 2017 Climate Change (Forestry Sector) Regulations 2008 Schedule 3 57 Part B Description of land that is not pre-1990 forest land, post-1989 forest land that forms part of a carbon accounting area in respect of which a person is a participant, or exempt land [Insert legal description of land that is not pre-1990 forest land, post-1989 forest land that forms part of a carbon accounting area in respect of which a person is a partici pant under the Climate Change Response Act 2002, or exempt land under section 183 of the Climate Change Response Act 2002, including the computer register reference (if relevant).] Schedule 3 form 2: amended, on 5 December 2011, by section 53(2) of the Environmental Protection Authority Act 2011 (2011 No 14). Schedule 3 Climate Change (Forestry Sector) Regulations 2008 Reprinted as at 1 January 2017 58 Schedule 4 Tables of carbon stock per hectare for pre-1990 forest land rr 15(1), (2), 16 Table 1 Carbon stock per hectare for Pinus radiata by region (expressed as tonnes of carbon dioxide per hectare) Age (yrs) Ak W/T BOP Gis H/SNI N/M C/W O S 9 255 225 233 290 285 187 159 191 237 10 265 235 237 296 286 193 174 200 240 11 283 251 247 308 299 196 182 197 239 12 306 272 263 328 317 206 187 200 248 13 333 296 283 352 341 221 190 210 262 14 363 324 307 380 368 240 198 225 281 15 395 354 334 410 399 262 211 243 304 16 429 385 362 443 431 286 226 265 330 17 463 418 392 476 464 313 244 290 358 18 498 451 423 510 498 341 265 317 389 19 533 485 454 544 532 370 288 346 420 20 568 518 485 578 566 401 312 375 452 21 601 551 515 611 599 431 337 406 484 22 634 584 545 643 631 462 362 437 517 23 666 615 575 674 662 492 388 468 549 24 696 646 603 703 692 522 415 498 581 25 725 676 631 732 721 551 441 529 612 26 753 704 657 760 749 580 467 559 643 27 781 733 683 787 777 609 493 588 673 28 807 761 709 814 804 637 519 618 704 29 834 788 735 840 830 666 546 648 734 30 860 816 760 866 857 694 572 677 764 31 885 842 784 891 882 721 598 706 794 32 909 868 808 916 907 748 623 735 823 33 933 894 831 940 932 775 649 763 852 34 956 919 854 964 956 801 674 791 880 35 979 943 876 988 980 827 699 819 908 36 1 002 968 898 1 011 1 004 852 723 846 936 37 1 024 991 919 1 034 1 028 877 747 873 963 38 1 046 1 015 940 1 057 1 051 901 771 900 991 39 1 068 1 038 961 1 080 1 075 925 794 926 1 018 40 1 090 1 061 981 1 103 1 098 948 817 952 1 044 41 1 111 1 085 1 002 1 126 1 122 972 840 978 1 071 42 1 133 1 107 1 022 1 150 1 145 994 862 1 004 1 097 43 1 155 1 130 1 042 1 173 1 169 1 017 884 1 030 1 124 44 1 176 1 153 1 063 1 197 1 193 1 039 905 1 055 1 150 45 1 198 1 177 1 083 1 221 1 218 1 061 926 1 080 1 176 Reprinted as at 1 January 2017 Climate Change (Forestry Sector) Regulations 2008 Schedule 4 59 Age (yrs) Ak W/T BOP Gis H/SNI N/M C/W O S 46 1 221 1 200 1 103 1 245 1 242 1 083 947 1 105 1 203 47 1 243 1 224 1 124 1 270 1 267 1 105 968 1 130 1 229 48 1 266 1 248 1 144 1 295 1 293 1 127 988 1 156 1 256 49 1 289 1 272 1 166 1 321 1 319 1 149 1 008 1 181 1 282 50 1 313 1 297 1 187 1 348 1 346 1 170 1 028 1 206 1 309 Key Ak means Auckland BOP means Bay of Plenty C/W means Canterbury/West Coast Gis means Gisborne H/SNI means Hawke’s Bay/Southern North Island N/M means Nelson/Marlborough O means Otago S means Southland W/T means Waikato/Taupo Table 2 Carbon stock per hectare for Douglas fir, exotic softwoods, exotic hardwoods, and indigenous forest (expressed as tonnes of carbon dioxide per hectare) Age (yrs) Douglas fir Exotic softwoods Exotic hardwoods Indigenous forest 9 131 137 282 109 10 135 139 310 107 11 143 144 337 108 12 155 151 364 111 13 170 161 390 115 14 187 172 414 121 15 208 185 438 129 16 230 199 460 137 17 254 214 481 146 18 281 229 502 155 19 293 245 522 165 20 308 260 541 175 21 326 276 559 185 22 347 291 576 195 23 370 307 594 205 24 394 321 610 214 25 420 335 626 223 Schedule 4 Climate Change (Forestry Sector) Regulations 2008 Reprinted as at 1 January 2017 60 Age (yrs) Douglas fir Exotic softwoods Exotic hardwoods Indigenous forest 26 446 349 641 232 27 454 363 655 240 28 475 377 668 248 29 500 390 681 255 30 524 403 693 262 31 550 416 705 268 32 576 429 716 274 33 601 442 726 279 34 629 454 735 284 35 654 466 744 289 36 682 478 293 37 706 490 297 38 732 502 300 39 732 513 303 40 753 525 306 41 774 536 309 42 795 548 311 43 816 559 313 44 837 571 315 45 858 582 317 46 878 594 319 47 899 606 320 48 919 617 322 49 938 629 323 50 957 642 324 51 976 52 995 53 1 013 54 1 032 55 1 050 56 1 068 57 1 086 58 1 103 59 1 121 60 1 138 61 1 155 62 1 171 63 1 188 64 1 204 65 1 220 66 1 235 67 1 251 68 1 266 69 1 281 Reprinted as at 1 January 2017 Climate Change (Forestry Sector) Regulations 2008 Schedule 4 61 Age (yrs) Douglas fir Exotic softwoods Exotic hardwoods Indigenous forest 70 1 296 71 1 310 72 1 324 73 1 338 74 1 352 75 1 366 76 1 379 77 1 392 78 1 405 79 1 417 80 1 430 Schedule 4 table 2: substituted, on 19 June 2011, by regulation 13 of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Schedule 4 table 2: amended, on 1 January 2016, by regulation 5 of the Climate Change (Forestry Sector) Amendment Regulations 2015 (LI 2015/217). Schedule 4 Climate Change (Forestry Sector) Regulations 2008 Reprinted as at 1 January 2017 62 Schedule 5 Geospatial mapping information that must be submitted to EPA with specified documents r 18 Schedule 5 heading: amended, on 5 December 2011, by section 53(2) of the Environmental Protec tion Authority Act 2011 (2011 No 14). Document Geospatial mapping information Application to be registered as a participant under section 57 of the Act in respect of an activity listed in Part 1 of Schedule 4 of the Act Geospatial mapping information about each carbon accounting area in respect of which the applicant applies to be recorded as a par ticipant Application to add a carbon accounting area under section 188(3) of the Act Geospatial mapping information about each carbon accounting area the participant is ap plying to add Application to remove land from a carbon ac counting area under section 188(3) of the Act Geospatial mapping information about the re maining carbon accounting area Notice under section 188(3) of the Act that a per son has ceased to carry out an activity listed in Part 1 of Schedule 4 of the Act in respect of part of a carbon accounting area Geospatial mapping information about each of— (a) the part of the carbon accounting area in respect of which the person has ceased to carry out the activity; and (b) the remainder of the carbon account ing area Notice under section 192(3) of the Act of— (a) transfer of post-1989 forest land, a regis tered forestry right, registered lease, or Crown conservation contract in relation to post-1989 forest land, if the transfer re lates to part of a carbon accounting area; or (b) registration of a forestry right or lease over post-1989 forest land, or entry into a Crown conservation contract in relation to post-1989 forest land, if the forestry right or lease or Crown conservation contract relates to part of a carbon accounting area Geospatial mapping information about each of— (a) the part of the carbon accounting area transferred, or covered by the trans ferred forestry right, lease, or Crown conservation contract; or in respect of which a forestry right or lease is registered, or Crown conservation contract is entered into; and (b) the remainder of the carbon account ing area Reprinted as at 1 January 2017 Climate Change (Forestry Sector) Regulations 2008 Schedule 5 63 Document Geospatial mapping information Notice under section 192(3) of the Act of expiry or termination of a registered forestry right, regis tered lease, or Crown conservation contract that relates to part of a carbon accounting area Geospatial mapping information about each of— (a) the part of the carbon accounting area in respect of which the registered for estry right, lease, or Crown conserva tion contract expired or was termin ated; and (b) the remainder of the carbon account ing area Schedule 5: amended, on 1 October 2010, by regulation 10(1) of the Climate Change (Forestry Sec tor) Amendment Regulations 2010 (SR 2010/183). Schedule 5: amended, on 1 October 2010, by regulation 10(2) of the Climate Change (Forestry Sec tor) Amendment Regulations 2010 (SR 2010/183). Schedule 5: amended, on 1 October 2010, by regulation 10(3) of the Climate Change (Forestry Sec tor) Amendment Regulations 2010 (SR 2010/183). Schedule 5 Climate Change (Forestry Sector) Regulations 2008 Reprinted as at 1 January 2017 64 Schedule 6 Tables of carbon stock per hectare for post-1989 forest land rr 21, 22 Table 1 Carbon stock per hectare for Pinus radiata by region (expressed as tonnes of carbon dioxide per hectare) Age (yrs) Ak W/T BOP Gis H/SNI N/M C/W O S 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1 0.5 0.4 0.4 0.6 0.5 0.2 0.2 0.3 0.2 2 3 3 2 4 3 1 1 2 1 3 8 7 6 10 9 3 2 5 3 4 29 25 24 37 34 12 5 9 14 5 59 50 51 77 71 28 15 26 35 6 98 84 84 121 113 48 31 49 65 7 131 111 118 162 155 73 53 72 99 8 153 130 143 190 185 100 76 94 134 9 166 142 155 201 197 117 101 124 160 10 188 163 169 219 210 132 125 141 174 11 217 188 188 242 233 144 139 146 181 12 249 218 212 270 260 161 150 156 198 13 283 249 239 302 291 182 158 172 219 14 320 283 269 336 325 206 170 192 244 15 357 318 300 372 361 232 186 214 272 16 396 354 333 410 398 260 205 240 302 17 435 391 367 447 436 290 226 268 334 18 473 428 401 485 473 322 249 298 367 19 511 464 435 522 510 353 274 329 401 20 549 500 468 558 547 386 300 361 435 21 585 536 501 594 582 418 326 394 470 22 620 570 533 628 617 450 353 426 504 23 653 603 564 661 650 482 380 458 538 24 685 636 593 692 681 513 408 490 571 25 715 666 622 722 712 543 435 521 604 26 745 696 650 751 741 573 461 552 635 27 773 726 677 779 769 603 488 583 667 28 801 755 704 807 797 632 515 613 698 29 828 783 730 834 825 661 542 644 729 30 855 811 755 861 852 690 569 674 760 31 880 838 780 886 878 718 595 703 790 32 905 865 804 912 903 745 621 732 820 33 930 891 828 937 929 772 647 761 849 Reprinted as at 1 January 2017 Climate Change (Forestry Sector) Regulations 2008 Schedule 6 65 Age (yrs) Ak W/T BOP Gis H/SNI N/M C/W O S 34 954 916 851 961 953 799 672 789 878 35 977 941 873 985 978 825 697 817 906 36 1 000 965 896 1 009 1 002 850 722 845 934 37 1 022 990 917 1 032 1 026 875 746 872 962 38 1 044 1 013 938 1 055 1 050 900 770 899 989 39 1 066 1 037 959 1 079 1 073 924 793 925 1 016 40 1 088 1 060 980 1 102 1 097 947 816 951 1 043 41 1 110 1 083 1 001 1 125 1 121 971 839 978 1 070 42 1 132 1 106 1 021 1 148 1 144 994 861 1 003 1 097 43 1 154 1 130 1 042 1 172 1 168 1 016 883 1 029 1 123 44 1 176 1 153 1 062 1 196 1 192 1 039 905 1 054 1 149 45 1 198 1 176 1 082 1 220 1 217 1 061 926 1 080 1 176 46 1 220 1 199 1 103 1 244 1 242 1 083 947 1 105 1 202 47 1 243 1 223 1 123 1 269 1 267 1 105 967 1 130 1 229 48 1 266 1 247 1 144 1 295 1 292 1 126 988 1 155 1 255 49 1 289 1 272 1 165 1 321 1 319 1 148 1 008 1 181 1 282 50 1 313 1 296 1 187 1 347 1 345 1 170 1 028 1 206 1 309 Key Ak means Auckland BOP means Bay of Plenty C/W means Canterbury/West Coast Gis means Gisborne H/SNI means Hawke’s Bay/Southern North Island N/M means Nelson/Marlborough O means Otago S means Southland W/T means Waikato/Taupo Schedule 6 table 1: amended, on 19 June 2011, by regulation 14(1) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Table 2 Carbon stock per hectare for Douglas fir, exotic softwoods, exotic hardwoods, and indigenous forest (expressed as tonnes of carbon dioxide per hectare) Age (yrs) Douglas fir Exotic softwoods Exotic hardwoods Indigenous forest 0 0.0 0.0 0.0 0.0 1 0.1 0.2 0.1 0.6 2 0.1 1 3 1.2 Schedule 6 Climate Change (Forestry Sector) Regulations 2008 Reprinted as at 1 January 2017 66 Age (yrs) Douglas fir Exotic softwoods Exotic hardwoods Indigenous forest 3 0.4 3 13 2.5 4 1 12 34 4.6 5 2 26 63 7.8 6 4 45 98 12.1 7 7 63 137 17.5 8 20 77 176 24.0 9 33 87 214 31.6 10 50 95 251 40.2 11 69 106 286 49.8 12 90 118 320 60.3 13 113 132 351 71.5 14 138 147 381 83.3 15 165 163 409 95.5 16 193 180 435 108.1 17 222 197 459 120.8 18 253 214 483 133.6 19 268 232 505 146.3 20 286 249 526 158.7 21 307 266 546 170.9 22 331 283 565 182.6 23 355 299 584 193.9 24 382 315 601 204.7 25 409 330 618 215.0 26 436 344 633 224.6 27 445 359 648 233.7 28 468 373 661 242.2 29 493 387 674 250.1 30 518 400 685 257.5 31 545 414 696 264.3 32 572 427 706 270.6 33 597 440 714 276.3 34 625 452 722 281.6 35 650 465 729 286.5 36 679 477 290.9 37 704 489 295.0 38 730 501 298.7 39 730 512 302.0 40 751 524 305.1 41 772 536 307.8 42 794 547 310.4 43 815 559 312.6 44 836 570 314.7 45 857 582 316.5 46 878 593 318.2 Reprinted as at 1 January 2017 Climate Change (Forestry Sector) Regulations 2008 Schedule 6 67 Age (yrs) Douglas fir Exotic softwoods Exotic hardwoods Indigenous forest 47 898 605 319.7 48 918 617 321.1 49 938 629 322.3 50 957 641 323.4 Schedule 6 table 2: amended, on 1 January 2016, by regulation 6(1) of the Climate Change (Forestry Sector) Amendment Regulations 2015 (LI 2015/217). Schedule 6 table 2: amended, on 19 June 2011, by regulation 14(1) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Schedule 6 table 2: amended, on 1 October 2010, by regulation 11 of the Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183). Table 3 Carbon stock per hectare in above ground residual wood and below ground roots from cleared Pinus radiata by region (expressed as tonnes of carbon dioxide per hectare) Age (yrs) Ak W/T BOP Gis H/SNI N/M C/W O S 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1 0.5 0.4 0.4 0.6 0.5 0.2 0.2 0.3 0.2 2 3 3 2 4 3 1 1 2 1 3 8 7 6 10 9 3 2 5 3 4 29 25 24 37 34 12 5 9 14 5 48 44 43 55 52 28 15 26 35 6 69 61 61 81 77 43 31 43 50 7 92 82 82 108 104 57 44 57 68 8 113 99 103 134 130 71 56 72 88 9 128 112 121 155 150 89 71 84 111 10 133 117 131 165 160 100 85 105 130 11 140 124 134 167 163 112 101 119 141 12 150 133 139 173 168 115 112 124 142 13 161 143 146 180 175 120 123 124 145 14 173 155 155 190 185 126 122 128 151 15 186 167 164 201 195 134 125 133 158 16 199 180 175 212 207 143 128 141 167 17 213 193 186 224 219 153 134 149 177 18 227 206 198 237 232 164 140 159 187 19 241 220 210 249 244 175 147 169 199 20 254 233 222 262 257 187 156 180 211 21 268 246 233 274 269 199 164 191 223 22 281 259 245 287 282 210 174 202 235 23 293 272 257 298 293 222 183 214 248 24 305 284 268 310 305 234 193 226 260 25 317 296 278 321 316 245 203 237 272 Schedule 6 Climate Change (Forestry Sector) Regulations 2008 Reprinted as at 1 January 2017 68 Age (yrs) Ak W/T BOP Gis H/SNI N/M C/W O S 26 328 308 289 331 327 257 213 249 284 27 339 319 299 342 337 268 223 260 296 28 350 331 310 352 348 280 233 272 308 29 360 342 320 363 358 291 243 283 319 30 371 353 330 373 369 302 253 295 331 31 382 365 340 384 379 314 264 307 344 32 392 376 351 394 390 326 276 319 356 33 403 387 361 405 401 338 287 332 369 34 413 398 371 415 411 349 298 343 381 35 423 409 380 425 421 361 308 355 393 36 433 420 390 435 431 372 319 367 405 37 443 430 399 445 441 383 330 379 417 38 452 441 409 455 452 393 340 390 429 39 462 451 418 465 462 404 351 402 440 40 471 461 427 475 472 414 361 413 452 41 481 472 436 485 482 425 371 424 464 42 491 482 445 495 492 435 381 436 475 43 500 492 454 505 503 445 391 447 487 44 510 502 463 516 513 455 401 458 498 45 520 513 472 526 524 465 410 469 510 46 530 523 481 537 535 475 420 480 521 47 540 534 491 548 546 485 429 491 533 48 550 545 500 559 557 495 438 502 545 49 561 556 510 571 568 504 447 513 557 50 571 567 519 583 580 514 457 525 569 Key Ak means Auckland BOP means Bay of Plenty C/W means Canterbury/West Coast Gis means Gisborne H/SNI means Hawke’s Bay/Southern North Island N/M means Nelson/Marlborough O means Otago S means Southland W/T means Waikato/Taupo Schedule 6 table 3: amended, on 1 January 2013, by regulation 13(1) of the Climate Change (Forest ry Sector) Amendment Regulations (No 2) 2012 (SR 2012/398). Reprinted as at 1 January 2017 Climate Change (Forestry Sector) Regulations 2008 Schedule 6 69 Table 4 Carbon stock per hectare in above ground residual wood and below ground roots from cleared Douglas fir, exotic softwoods, exotic hardwoods, and indigenous forest (expressed as tonnes of carbon dioxide per hectare) Age (yrs) Douglas fir Exotic softwoods Exotic hardwoods Indigenous forest 0 0 0.0 0.0 0 1 0.1 0.2 0.1 0.6 2 0.1 1 3 1.2 3 0.4 3 13 2.5 4 1.1 12 34 4.6 5 2.2 26 48 7.8 6 4.0 41 64 12 7 6.5 52 83 18 8 20 64 101 24 9 33 73 119 32 10 41 80 136 33 11 50 83 152 36 12 59 86 166 39 13 69 90 178 43 14 79 94 190 48 15 90 99 200 52 16 102 104 210 57 17 114 110 219 62 18 126 116 227 67 19 161 122 234 88 20 164 128 242 91 21 169 134 248 94 22 176 140 255 97 23 183 146 262 100 24 192 152 268 103 25 202 157 274 106 26 211 163 280 109 27 223 168 285 117 28 229 174 290 119 29 238 179 295 121 30 247 184 299 123 31 257 190 303 124 32 267 196 307 126 33 276 202 311 128 34 287 208 314 129 35 297 213 317 131 36 309 219 132 Schedule 6 Climate Change (Forestry Sector) Regulations 2008 Reprinted as at 1 January 2017 70 Age (yrs) Douglas fir Exotic softwoods Exotic hardwoods Indigenous forest 37 318 224 133 38 329 230 135 39 338 235 140 40 346 240 140 41 353 246 141 42 361 251 141 43 369 256 142 44 377 262 142 45 386 267 142 46 394 273 143 47 402 278 143 48 410 284 143 49 418 289 144 50 426 295 144 Schedule 6 table 4: substituted, on 19 June 2011, by regulation 14(2) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138). Schedule 6 table 4: amended, on 1 January 2016, by regulation 6(2) of the Climate Change (Forestry Sector) Amendment Regulations 2015 (LI 2015/217). Schedule 6 table 4: amended, on 1 January 2013, by regulation 13(2) of the Climate Change (Forest ry Sector) Amendment Regulations (No 2) 2012 (SR 2012/398). Reprinted as at 1 January 2017 Climate Change (Forestry Sector) Regulations 2008 Schedule 6 71 Schedule 7 Forest species that are tree weeds r 23 Schedule 7: added, on 2 July 2010, by regulation 12 of the Climate Change (Forestry Sector) Amend ment Regulations 2010 (SR 2010/183). Alder species (Alnus spp) Ash (Fraxinus excelsior) Birch species (Betula spp): Hairy/White birch (B. pubescens) Silver birch (B. pendula) Cedar species (Cedrus spp): Atlas cedar (C. atlantica) Deodar cedar (C. deodara) Douglas fir (Pseudotsuga menziesii) Larch species (Larix spp): European larch (L. decidua) Japanese larch (L. kaempferi) Lawson’s cypress (Chamaecyparis lawsoniana) Leyland cypress (Cupressocyparis leylandii) Pine species (Pinus spp): Big cone pine (P. coulteri) Bishop pine (P. muricata) Contorta or lodgepole pine (P. contorta) Corsican pine (P. nigra) Dwarf mountain pine (P. mugo) Maritime pine (P. pinaster) Mexican weeping pine (P. patula) Mountain pine (P. uncinata) Ponderosa pine (P. ponderosa) Radiata pine (P. radiata) Scots pine (P. sylvestris) Western white pine (P. monticola) Poplar species (Populus spp) Redwood (Sequoia sempervirens) Rowan (Sorbus aucuparia) Schedule 7 Climate Change (Forestry Sector) Regulations 2008 Reprinted as at 1 January 2017 72 Sierra redwood (Sequoiadendron giganteum) Sycamore (Acer pseudoplatanus) Western hemlock (Tsuga heterophylla) Western red cedar (Thuja plicata) Wild cherry or gean (Prunus avium) Willow species (Salix spp): Crack willow (S. fragilis) Grey willow (S. cinerea) Rebecca Kitteridge, Clerk of the Executive Council. Issued under the authority of the Legislation Act 2012. Date of notification in Gazette: 2 October 2008. Reprinted as at 1 January 2017 Climate Change (Forestry Sector) Regulations 2008 Schedule 7 73 Reprints notes 1 General This is a reprint of the Climate Change (Forestry Sector) Regulations 2008 that incorporates all the amendments to those regulations as at the date of the last amendment to them. 2 Legal status Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official elec tronic version also has official status. 3 Editorial and format changes Editorial and format changes to reprints are made using the powers under sec tions 24 to 26 of the Legislation Act 2012. See also http://www.pco.parlia ment.govt.nz/editorial-conventions/. 4 Amendments incorporated in this reprint Climate Change (Forestry Sector) Amendment Regulations 2016 (LI 2016/216) Climate Change (Forestry Sector) Amendment Regulations 2015 (LI 2015/217) Climate Change (Forestry Sector) Amendment Regulations (No 2) 2012 (SR 2012/398) Climate Change (Forestry Sector) Amendment Regulations 2012 (SR 2012/321) Biosecurity Law Reform Act 2012 (2012 No 73): section 93 Environmental Protection Authority Act 2011 (2011 No 14): section 53(2) Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138) Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183) Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57): sec tion 88(2) Wellington, New Zealand: Published under the authority of the New Zealand Government—2017 Notes Climate Change (Forestry Sector) Regulations 2008 Reprinted as at 1 January 2017 74