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.

PENELOPE YING YEN WONG

Dated this 1st day of December 2008.

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, including surface water and groundwater activity; 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.

Compliance with this guideline should include adhering to applicable state and territory, and local government land use planning legislation regarding the establishment of alternative land uses on agricultural land.

4. Legal rights concerning carbon sequestration in carbon sink forests should be registered on the land title in accordance with state and territory government legislation.

Compliance with this guideline may be achieved by registration of carbon sequestration rights associated with the forest, or through registration of other relevant legal arrangements that establish ownership over and rights regarding sequestered carbon.