Federal Register of Legislation - Australian Government

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Guides & Guidelines as made
These Guidelines have been made under the Income Tax Assessment Act 1997 (the Act). The Act allows the Climate Change Minister to make Guidelines about environmental and natural resource management in relation to the establishment of trees for the purposes of carbon sequestration.
Administered by: Treasury
General Comments: This instrument supersedes an instrument of the same name registered on 27 June 2008 (F2008L02304). This was due to legal advice that the earlier instrument was not valid, because it was purportedly made before the enactment of the Tax Laws Amendment (2008 Measures No. 2) Act 2008, which inserted the provision authorising the instrument into the Income Tax Assessment Act 1997.
Made 02 Jul 2008
Registered 03 Jul 2008
Tabled HR 26 Aug 2008
Tabled Senate 26 Aug 2008
Date of repeal 09 Aug 2013
Repealed by Treasury (Spent and Redundant Instruments) Repeal Regulation 2013
This Legislative Instrument has been subject to a Motion to Disallow:
Motion Date:
24-Sep-2008
Expiry Date:
02-Dec-2008
House:
Senate
Details:
Full
Resolution:
Negatived
Resolution Date:
01-Dec-2008
Resolution Time:
Provisions:

 

 

Commonwealth of Australia

 

Income Tax Assessment Act 1997

 

 

I, PENELOPE YING YEN WONG, Minister for Climate Change and Water, pursuant to subsection 40-1010(3) of the Income Tax Assessment Act 1997, make the guidelines as set out in the Schedule about environmental and natural resource management in relation to the establishment of trees for the purposes of carbon sequestration.

 

This instrument commences the day after it was registered on the Federal Register of Legislative Instruments.

 

Dated this 2nd day of July 2008.

 

 

 

 

 

 

PENELOPE YING YEN WONG

………………………..

Minister for Climate Change and Water

 


Schedule

 

 

Environmental and Natural Resource Management Guidelines

in relation to the establishment of trees for the purposes of carbon sequestration

 

1. Carbon sink forest establishment should be based on regionally applicable best practice approaches for achieving multiple land and water environmental benefits.

 

Compliance with this guideline may be achieved by, for example:

·        avoiding clearing land of remnant native vegetation as determined by the relevant state or territory legislation; and

·        taking into account features of plantation and forestry best practice guides (e.g. state and territory codes of practice) relevant to carbon sink forests; and

·        establishing carbon sink forests in ways to avoid any significant negative impacts on water availability; and

·        establishing carbon sink forests in ways to enhance potential salinity mitigation benefits and prevent potential increases to in-stream salinity; and

·        developing a weed and feral animal management plan and fire management plan as applicable to the state or territory jurisdiction.

 

2. Carbon sink forest establishment activities should be guided by regional natural resource management plans and water sharing plans, and environmental impacts at a catchment scale should be considered.

 

Compliance with this guideline may be achieved by ensuring that establishment activities are consistent with regional natural resource management plans, for example by identifying:

·        strategies for ensuring that individual carbon sink forest plantings account for natural resource management priorities at a larger regional scale; and

·        potential cumulative environmental impacts of carbon sink forest activities at a catchment scale.

 

In cases where establishment of carbon sink forests would represent a significant interception activity in a catchment that has been identified as fully allocated, over-allocated or approaching full allocation, water access entitlements must be obtained.

 

3. Carbon sink forest establishment activities should recognise and adhere to all government regulatory requirements.

 

Compliance with this guideline may be achieved by meeting any applicable Commonwealth, state and territory legislation, and local and regional regulations, when establishing carbon sink forests.

 

In cases where establishment of carbon sink forests would represent a significant interception activity in a catchment that has been identified as fully allocated, over-allocated or approaching full allocation, water access entitlements must be obtained.