Commonwealth Consolidated Regulations

RENEWABLE ENERGY (ELECTRICITY) REGULATIONS 2001 - REG 9

         (1)   For section 17 of the Act, biomass from a plantation is not an energy crop unless all of the following apply to it:

                (a)    it must be a product of a harvesting operation (including thinnings and coppicing) approved under relevant Commonwealth, State or Territory planning and approval processes;

               (b)    it must be biomass from a plantation that is managed in accordance with:

                          (i)    a code of practice approved for a State under regulation 4B of the Export Control (Unprocessed Wood) Regulations; or

                         (ii)    if a code of practice has not been approved for a State as required under subparagraph (i), Australian Standard AS 4708--2007 -- The Australian Forestry Standard ;

                (c)    it must be taken from land that was not cleared of native vegetation after 31 December 1989 to establish the plantation.

         (2)   For section 17 of the Act, biomass from a native forest is not an energy crop.