Nature Repair (Enhancing Native Vegetation) Methodology Determination 2026

law://au/li/2026/f2026l01438@2026-11-12

Nature Repair (Enhancing Native Vegetation) Methodology Determination 2026I, Murray Watt, Minister for the Environment and Water, make the following methodology determination.Dated 27 October 2026Murray WattMinister for the Environment and WaterContentsPart 1—Preliminary1 Name section2 Commencement3 Authority4 Schedules5 Definitions6 Biodiversity projects covered by this instrument7 Fixed biodiversity project characteristics for an ENV project8 Variable biodiversity project characteristics for an ENV project9 Counterfactual scenarios for an ENV project10 Period for achievement of project outcome11 Meaning of ecosystem condition, and indicators and sub-indicators for ecosystem condition12 Meaning of starting ecosystem condition state13 Determination of ecosystem condition scores14 Indicators for the threatened species characteristic15 Determination of threatened species scores16 Indicators for the commitment to protection characteristic17 Presence ticks18 Meaning of TS survey19 Actions that require a suitably qualified person20 Offset-capable projects21 Permanence period for project used for offset purposesPart 2—Project requirementsDivision 2.1—General22 Conditions for registration as registered biodiversity projectDivision 2.2—Project activities23 Activity period24 Eligible project activities25 Enhanced grazing control26 Enhanced weed control27 Enhanced pest control28 Infill planting29 Revegetation through environmental planting or facilitated regeneration30 Remedial planting31 Habitat enhancement activities32 Threat management activities33 Limitation on use of fire34 Limitation on ecological thinning35 Limitation on livestock grazing36 Prohibited activitiesDivision 2.3—Land and location37 Project area must be in eligible region and include eligible land38 Meaning of eligible landDivision 2.4—Stratification of the project area39 Initial stratification of project area40 Requirements for activity areas41 Exclusion areas42 Mapping of boundariesPart 3—Starting state assessment of the project area (SSA)43 References to activity areas, project outcomes and project activities44 Starting state assessment45 Assessment of the eligibility of the land46 Engagement with relevant Indigenous representatives47 Culturally significant entities of an ENV project48 Use of Indigenous knowledge or values, or Indigenous data49 Ecosystem assessment50 Identifying reference ecosystems51 Assessment of ecological drivers of the project area52 Identification of threatened species that may benefit from the project53 Identification of relevant threatened species54 Assessment of relevant threatened species55 Assessment of the level of commitment to protection56 Assessment of the project context57 The site assessment reportPart 4—Restoration assessment and project planDivision 4.1—Restoration assessment and activity recommendations58 The restoration assessment59 The assessment of permissible and achievable restoration targets60 The recommendations for restoration target states and associated project activities61 The forecast values of, and forecast changes in, the indicators for ecosystem condition62 The activity recommendations for threatened species63 Forecast values of, and forecast changes in, and threshold values of the indicators for threatened species64 Avoiding adverse impacts on threatened speciesDivision 4.2—The project plan65 Requirements for project plan66 Project plan activities and timetable67 Fire management plan68 Information arising from the restoration assessment report69 Other information about each activity area70 Indigenous engagement71 Threatened species in a non-ENVTS project72 Threatened species in an ENVTS project73 Nomination of culturally significant entities74 Climate change considerations75 Preparing for and responding to adverse events and ecological drivers.76 Offsets information77 Updating a project planPart 5—Registration78 Information and documents required for registration application79 Information to be included in the RegisterPart 6—Operation of the project80 Notification obligations of project proponent81 Monitoring requirements—ecosystem condition82 Monitoring requirements—culturally significant entities83 Monitoring requirements—threatened species84 Matters to be included in biodiversity project reports85 Varying activity areas and re-stratifying the project area86 Record-keeping requirementsPart 7—Biodiversity certificates87 Application for biodiversity certificate88 Issue of biodiversity certificateSchedule 1 —Eligible regionsSchedule 2—Establishing benchmark values of indicators for ecosystem condition1 Purpose of Schedule2 Dealing with unidentified speciesThe process for establishing benchmark valuesStep 1—Selecting survey sitesStep 2—Selecting survey plotsStep 3—Collecting dataStep 4—Establishing the large tree thresholdStep 5—Calculation of the missing values of the indicators and sub-indicators for each survey plotStep 6—Calculation of the benchmark values of the indicatorsSchedule 3—Measuring and monitoring ecosystem conditionPart 1—The plot establishment method1 The process2 Photo survey of permanent sampling plotsPart 2—The unidentified species methodPart 3—The point intercept methodStep 1—Select sampling pointsStep 2—Assign groundcover categories and subcategoriesStep 3—Classify crown cover at sample pointsStep 4— Calculate crown coverPart 4—The quadrat methodPart 5—Plot survey methodPart 6—Method of estimating canopy height of the defining layerPart 7—Large tree density methodSchedule 4 —Calculating ecosystem condition indicator values1 Purpose of Schedule2 Use of permanent sampling plots3 Dealing with unidentified species4 Calculating the indicator values for the ecosystem conditionSchedule 5 —Determining the starting ecosystem condition state of an activity area1 Purpose of ScheduleStep 1—Identify the class for the defining layerStep 2—Identify the classes for the complementary layerStep 3—Assign the state using the combination of defining and complementary condition classes for the relevant MVG structural groupTables 1 – 4: Starting ecosystem condition states based on condition classes for defining and complementary layersTable 1: Structural group 1 (Rainforests and vine thickets):Table 2: Structural group 2 (Open forests to open woodlands):Table 3: Structural group 3 (Shrublands):Table 4: Structural group 4 (Grasslands and herbfields):Tables 5-8: Lower bound of indicators for ecosystem condition statesTable 5: Lower bound of indicators for ecosystem condition states (the lower bound is furthest from reference) for defining layer (tree layer) and complementary layer (ground layer and other lifeforms) – MVG structural group 1 (Rainforests and vine thickets)Table 6: Lower bound of indicators for ecosystem condition states (the lower bound is furthest from reference) for defining layer (tree layer) and complementary layer (ground layer and shrub)– MVG structural group 2 (Open forests to open woodlands)Table 7: Lower bound of indicators for ecosystem condition states (the lower bound is furthest from reference) for defining layer (shrub layer) and complementary layer (ground layer and emergent trees)- MVG structural group 3 (Shrublands)Table 8: Lower bound of indicators for ecosystem condition states (the lower bound is furthest from reference) for defining layer (ground layer) and complementary layer (emergent trees and shrubs)- MVG structural group 4 (Grasslands)Schedule 6—Permitted restoration target states for MVG structural groups1 Purpose of Schedule2 Permitted restoration target states3 Table: Permitted restoration target states for MVG structural group 1 (Rainforests and vine thickets)4 Table: Permitted restoration target states for MVG structural group 2 (Open forests to open woodlands)5 Table: Permitted restoration target states for MVG structural group 3 (Shrublands)6 Table: Permitted restoration target states for MVG structural group 4 (Grasslands and herbfields)Schedule 7—Ecosystem condition threshold values1 Purpose of Schedule2 Threshold values for ecosystem conditionTable 1: Ecosystem condition threshold values for MVG structural group 1 (Rainforests and vine thickets)Table 2: Ecosystem condition threshold values for MVG structural group 2 (Open forests to open woodlands)Table 3: Ecosystem condition threshold values for MVG structural group 3 (Shrublands)Table 4: Ecosystem condition threshold values for MVG structural group 4 (Grasslands and herbfields)Schedule 8—Major Vegetation Groups and MVG structural groupsSchedule 9—Threatened species indicators and scoring1 Purpose of SchedulePart 1—The TS ecosystem condition indicators (all relevant threatened species)2 TS ecosystem condition indicatorsPart 2—Threat management (all relevant threatened species)3 Identifying relevant threats for each threatened species4 Dealing with changes in relevant threats over timePart 3—The threat management indicators (flora and fauna species)5 Value of the threat management indicators at a timePart 4—The habitat features indicators (fauna species only)6 Determining whether the habitat features indicator applies7 Determining the habitat features sub-indicators8 Value of the habitat features indicators and sub-indicators at a timePart 5—Threatened species indicator values—starting, benchmark, threshold and forecast9 Starting values of indicators and sub-indicators10 Benchmark values of indicators and sub-indicators11 Forecast values of indicators and sub-indicators12 Threshold values of the indicatorsPart 6—Threatened species scores—starting and forecast13 Individual TS scores14 Project TS scoresSchedule 10—Commitment to protection indicators and scores1 Purpose of Schedule2 Definitions for this Schedule3 Security indicator for the commitment to protection characteristic4 Duration indicator5 Overall score for the commitment to protection characteristic6 Starting values of the indicators and the starting score for the commitment to protection characteristic7 Benchmark values of the indicators and the benchmark score for the commitment to protection characteristic8 Forecast values of the indicators and the forecast score for the commitment to protection characteristic9 Threshold values of the indicatorsPart 1—Preliminary1 Name sectionThis is the Nature Repair (Enhancing Native Vegetation) Methodology Determination 2026.2 Commencement(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.Commencement informationColumn 1 | Column 2 | Column 3Provisions | Commencement | Date/DetailsThe whole of this instrumentThe later of the following:(a) the day after this instrument is registered;(b) immediately after the commencement of the Nature Repair Amendment (Environmental Offsets and Other Measures) Rules 2026.Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.3 AuthorityThis instrument is made under section 45 of the Nature Repair Act 2023.Note: For subsection 45(12) of the Act, the BAI is the biodiversity assessment instrument that applies to this methodology determination (see section 5 of the BAI).4 SchedulesAny provision in a Schedule to this instrument has effect according to its terms.5 DefinitionsNote: A number of expressions used in this instrument have the meaning given by the Act, including the following:(a) activity period;(b) biodiversity certificate;(c) biodiversity outcome;(d) biodiversity project;(e) biodiversity project report;(f) permanence period;(g) project;(h) project area;(i) project plan;(j) project proponent;(k) Register;(l) Regulator;(m) registered biodiversity project.In this instrument:Act means the Nature Repair Act 2023.activity area has the meaning given by section 40.application date, for a project, means the date on which an application is made under section 11 of the Act for the registration of the project.Approved benchmark source list means the document titled ‘Approved benchmark sources for the Enhancing Native Vegetation Method’ published on the Department’s website, as it exists from time to time.BAI means the Nature Repair (Biodiversity Assessment) Instrument 2025.benchmark value:(a) of an indicator or sub-indicator for the ecosystem condition of an activity area or sub-area in relation to its reference ecosystem, means the value determined in the SSA in accordance with paragraph 49(b); and(b) of an indicator for the threatened species characteristic, has the meaning given by Part 5 of Schedule 9; and(c) of an indicator for the commitment to protection characteristic, has the meaning given by section 7 of Schedule 10.candidate threatened species, for an ENV project, has the meaning given by section 52,canopy height method has the meaning given by Part 6 of Schedule 3.category A plant has the meaning given by section 12.certificate application means an application under section 67 of the Act for a biodiversity certificate.commitment to protection characteristic means the variable biodiversity characteristic mentioned in paragraph 8(d).complementary activity has the meaning given by section 24.complementary layer means an ecosystem layer other than the defining layer of an ecosystem typeExamples: The shrub and ground layers in forests and woodlands; any tree and ground layers in shrublands; any tree and shrub layers in grasslands.contaminant, in an area of land, means a substance or thing (including a chemical or biological substance or thing) that is introduced into the area by human action.counterfactual scenario for an ENV project means a scenario that describes what is likely to occur, or would have occurred, in the absence of the project. In this instrument, a reference to a counterfactual scenario in relation to a variable biodiversity project characteristic and an activity area is a reference to the counterfactual scenario identified in accordance with section 9.Note: This definition follows the BAI.crown cover means the proportion of ground area covered by the vertical projection of tree and shrub crowns and the stem and foliage of vines.culturally sensitive area means an area that:(a) is listed under cultural heritage laws of the Commonwealth or the relevant State or Territory; or(b) is identified as culturally sensitive or significant to relevant Aboriginal persons or Torres Strait Islanders for the project area in accordance with section 46.culturally significant entity means a thing, matter, process or place that is of cultural significance to Aboriginal persons or Torres Strait Islanders. In this instrument, a reference to a culturally significant entity for an ENV project is a reference to one that is nominated in accordance with section 73.Note: This definition follows the BAI. See also section 47.Data Submission Guidelines means the document of that name published on the Department’s website as it exists from time to time.defining layer means the ecosystem layer reflected in the name or characterisation of the ecosystem type.Examples: The tree layer in forests and woodlands; shrub layer in shrublands (even if emergent trees are present): the ground layer in grasslands (which are defined to have <10% tree cover). The defining layer also generally contributes the majority of biomass across layers when ecosystems within each MVG group are in their natural condition.diameter: the diameter of a tree is the diameter at breast height measured in the way set out in the large tree density method (Part 7 of Schedule 3).disapplication statement has the meaning given by subsection 52(1).disturbance event means a natural disturbance or disturbance resulting from human action that reduces the likelihood of the project outcome being met, or involves a reversal of the project outcome, whether or not it can be reversed or repaired by remedial action.ecosystem condition has the meaning given by section 11.ecosystem condition state, of an activity area, means its ecosystem condition state as determined in accordance with of Schedule 5.eligible land has the meaning given by section 38.eligible region has the meaning given by Schedule 1.enhanced grazing control has the meaning given by section 25.enhanced pest control has the meaning given by section 27.enhanced weed control has the meaning given by section 26.environmental planting has the meaning given by subsection 29(2).ENV project means a biodiversity project to which this instrument applies, as provided in section 6.ENVTS project means an ENV project to which the threatened species characteristic applies.Note: The characteristic will apply unless the project proponent makes a disapplication statement.EPBC Act means the Environment Protection and Biodiversity Conservation Act 1999.exclusion area has the meaning given by section 39.facilitated regeneration has the meaning given by subsection 29(4).fixed biodiversity project characteristic has the meaning given by section 7.forecast aggregate contribution to biodiversity persistence score for the project has the meaning given by section 13.forecast aggregate ecosystem condition score, for a project, has the meaning given by section 13.forecast change, of an indicator for the ecosystem condition of an activity area, has the meaning given by subsection 61(2).forecast change in the project TS score for an ENVTS project has the meaning given by section 15. It is determined in accordance with Part 6 of Schedule 9.forecast contribution to biodiversity persistence score for an activity area has the meaning given by section 13.forecast ecosystem condition score, for an activity area has the meaning given by section 13.forecast individual TS score for a relevant threatened species has the meaning given by section 15. It is determined in accordance with Part 6 of Schedule 9.forecast project TS score for an ENVTS project has the meaning given by section 15. It is determined in accordance with Part 6 of Schedule 9.forecast value:(a) of an indicator for the ecosystem condition of an activity area, has the meaning given by subsection 61(2); and(b) of an indicator for the threatened species characteristic, has the meaning given by Part 5 of Schedule 9; and(c) of an indicator for the commitment to protection characteristic, has the meaning given by section 8 of Schedule 10.ground layer means the assemblage of herbaceous plants, often including grasses and forbs, that grow close to the ground. It includes seedlings of woody plants that are less than 1 metre tall including trees, shrubs and vines.habitat enhancement activity has the meaning given by section 31.habitat features indicator has the meaning given by section 14.IBRA subregion means a subregion defined by the Interim Biogeographic Regionalisation for Australia (IBRA) landscape classification framework version 7.0, as in effect at the relevant time (whether or not it is also an eligible region listed in Schedule 1).Note: The IBRA could, in 2026, be viewed on the Department’s website (https://www.dcceew.gov.au)indicator:(a) for the ecosystem condition of an area, has the meaning given by section 11; andNote: See also paragraph 49(b).(b) for a culturally significant entity, means an indicator for the entity nominated in the project plan in accordance with subsection 73(4); andNote: See also paragraph 47(3)(c).(c) for the threatened species characteristic, has the meaning given by section 14; and(d) for the commitment to protection characteristic, has the meaning given by section 16.Indigenous data means data or other information, in any format or medium, that:(a) is about or may affect Aboriginal persons or Torres Strait Islanders, either individually or collectively; or(b) is generated as a result of using Indigenous knowledge or values.Note: This definition follows section 6 of the BAI.infill planting has the meaning given by section 28.large tree density method has the meaning given by Part 7 of Schedule 3.large tree threshold, for a reference ecosystem, means the minimum diameter for a tree in that ecosystem to qualify as a large tree for the purposes of the large tree density indicator (indicator (d) in the table to subsection 11(2)).Note: Its value is determined in the SSA in accordance with paragraph 49(b).life form, in relation to a plant or species of plant, means the growth expression of an individual flora species within a vegetation community as one of the following:(a) tree;(b) shrub;(c) vine;(d) grass;(e) herbaceous vascular plant other than grass.local area, in relation to an activity area or sub-area and its reference ecosystem, means any area of land that:(a) is within the same IBRA subregion as the activity area or sub-area; and(b) either:(i) is within 100 km of the activity area or sub-area; or(ii) has the reference ecosystem.Major Vegetation Group has the meaning given by Schedule 8.managed threat, in relation to a relevant threatened species, has the meaning given by section 32.Mapping Guidelines means the document of that name published on the Department’s website for the purposes of the Act, as it exists from time to time.monitoring assessment has the meaning given by subsection 81.MVG structural group has the meaning given by Schedule 8.NBAS means the National Biodiversity Assessment System maintained by the Department and accessible through PLANR, as it exists from time to time.NBAS settings document means the document titled ‘NBAS settings document for the ENV Methodology’, published on the Department’s website, as it exists from time to time.NVIS means the National Vegetation Information System (see subsection 50(4)).offset-capable: registered as offset-capable has the same meaning as in the Rules.Note: See also see section 20.optimal growth period, for a project area, means the period of optimal plant growth specified for the relevant Natural Resource Management region in a document titled ‘Period of optimal growth, by NRM region’, published on the Department’s website from time to time.permanent sampling plot, for an activity area, means a sampling plot established when assessing its starting ecosystem condition state for paragraph 49(c).photo survey has the meaning given by section 2 of the plot establishment method.PLANR means the Department’s Platform for Land and Nature Repair database available at planr.gov.au, as it exists from time to time.planting means:(a) as a verb: to introduce plants or propagules of appropriate native species using one or a combination of:(i) tube-stock; or(ii) direct seeding;(b) as a noun: an area of native vegetation established by such planting for an ENV project.plot establishment method has the meaning given by Part 1 of Schedule 3.plot survey method has the meaning given by Part 5 of Schedule 3.PMST tool means the Protected Matters Search Tool published on the Department’s website as it exists from time to time.point intercept method has the meaning given by Part 3 of Schedule 3.Prescribed Vegetation Classification System has the meaning given by subsection 50(5).prescribed vegetation map, for an activity area, has the meaning given by subsection 50(5).presence tick, in relation to a threatened species, has the meaning given by section 17.presence tick species has the meaning given by section 17.principal activity has the meaning given by section 24.project activity has the meaning given by section 24.project outcome, for an ENV project, means its biodiversity outcome, as measured by:(a) the restoration target states for each activity area; and(b) the forecast values of the indicators for any culturally significant entities; and(c) the forecast values of the indicators for any relevant threatened species; and(d) the forecast values of the indicators for the commitment to protection.project outcome period means the 25 year period mentioned in section 10. quadrat method has the meaning given by Part 4 of Schedule 3.recovering area has the meaning given in section 9.reference ecosystem, in relation to an activity area or sub-area, means an ecosystem that will serve as the model or benchmark for restoration, against which to compare the ecosystem condition of the activity area or sub-area.Note: The reference ecosystems are selected in accordance with section 50.registration, in relation to a project, means the registration of the project on the Register under subsection 15(2) of the Act.registration application, in relation to an ENV project, means an application for approval of registration under section 11 of the Act.relevant Aboriginal persons and Torres Strait Islanders, for a project area, means the Aboriginal persons and Torres Strait Islanders who have a demonstrated connection to the land or waters on or in which the project area is located.Note: This definition follows the BAI.relevant Indigenous representatives for a project area means:(a) if the project area is or includes a native title area and there is a registered native title body corporate for the native title area—the registered native title body corporate for the native title area; or(b) if the project area is or includes a native title area and there is no registered native title body corporate for the native title area—the persons, or group of persons, who hold the common or group rights comprising the native title in relation to the native title area; or(c) if the project area is or includes an area of land in relation to which a claimant application (within the meaning of the Native Title Act 1993) has been made but not yet determined—the native title claim group (within the meaning of that Act); or(d) if the project area is or includes land rights land—the Aboriginal land council that holds an eligible interest in the land; or(e) if the project area is or includes an area that is subject to an Indigenous land use agreement—a person who is a party to the agreement.Note: This definition follows the BAI.relevant persons, in relation to a culturally significant entity for an ENV project has the meaning given by section 47.relevant threat, to a relevant threatened species, has the meaning given by section 32.relevant threatened species, for an ENVTS project, has the meaning given by subsections 53(3) and (4).relevant to an ENV project: a culturally significant entity is relevant to an ENV project if the enhancement or protection of the culturally significant entity will contribute to achieving the biodiversity outcome for the project.Note: This definition follows the BAI definition of relevant to a biodiversity project.remedial planting has the meaning given by section 30.remnant vegetation means uncleared native vegetation or regrowth native vegetation that, with appropriate management, could achieve the structure and composition of the reference ecosystem within two decades.reporting period, for an ENV project, means a reporting period for the biodiversity project reports that has been determined by the project proponent for the project in accordance with sections 101 to 104 of the Act.restoration target state, for an activity area, means the ecosystem condition state that the project is intended to achieve in the activity area, as specified in the Register.revegetation has the meaning given by subsection 29(1).Rules means the Nature Repair Rules 2024.sampling categories table means the table of groundcover categories and subcategories in step 2 of the point intercept method (Part 3 of Schedule 3).security arrangement has the meaning given by section 2 of Schedule 10.shrub means a woody plant that is not a tree or a vine.shrub layer means the assemblage of shrubs, immature trees, and vines at a site, other than plants that form part of the tree or ground layers. Vines are considered part of the shrub layer where they are found in the crowns of established shrubs.significant reversal of the project outcome for an ENV project means a significant reversal for the purposes of section 109, 110, 146 or 147 of the Act.Note: See also section 111 of the Act and section 72 of the Rules.site assessment report has the meaning given by section 57.starting aggregate contribution to biodiversity persistence score, for a project, has the meaning given by section 13.starting aggregate ecosystem condition score, for a project, has the meaning given by section 13.starting contribution to biodiversity persistence score, for an activity area, has the meaning given by section 13.starting ecosystem condition score, for an activity area, has the meaning given by section 13.starting ecosystem condition state, of an activity area, has the meaning given by section 12. It is determined in the SSA in accordance with paragraph 49(f) and Schedule 5.starting individual TS score for a relevant threatened species has the meaning given by section 15. It is determined in accordance with Part 6 of Schedule 9.starting project TS score for an ENVTS project has the meaning given by section 15. It is determined in accordance with Part 6 of Schedule 9.starting state assessment, or SSA, has the meaning given by section 44.starting value of:(a) an indicator for the ecosystem condition of an activity area, means the value determined in the SSA in accordance with paragraph 49(e); and(b) an indicator for a culturally significant entity, means the starting value established in accordance with paragraph 47(3)(d); and(c) an indicator for the threatened species characteristic, means the value determined in the SSA in accordance with subsection 54(7); and(d) an indicator for the commitment to protection characteristic, has the meaning given by section 6 of Schedule 10; and(e) the metric for a presence tick species, is the value determined in the SSA using the metric determined in accordance with subsection 53(7).statutory conservation planning documentation means any statutory conservation planning documentation or equivalent document prepared or adopted under Commonwealth law that identifies the conservation requirements, threats, recovery objectives or management actions relevant to a threatened species. This includes Conservation Advice, Protection Statements, Recovery Plans and Threat Abatement Plans.stratify has the meaning given by section 39, and stratification has a cognate meaning.sub-area, of an activity area with multiple reference ecosystems, means the part of the activity area to which a particular reference ecosystem is assigned in accordance with subsection 50(10).sub-indicator:(a) for the ecosystem condition of an area, has the meaning given by section 11; andNote: See also paragraph 49(b).(b) for the threatened species characteristic, has the meaning given by section 14.Note: See also subsection 54(7)subcategory A1a, subcategory A1b, subcategory A2, subcategory A3, subcategory A4 and subcategory A5 plant have the meaning given by section 12.subject to Indigenous land interests: a project area is subject to Indigenous land interests if the project area is or includes any of the following:(a) a native title area;(b) land rights land;(c) an area that is subject to an Indigenous land use agreement;(d) an area of land in relation to which a claimant application (within the meaning of the Native Title Act 1993) has been made but not yet determined.Note: This definition follows the BAI.suitably qualified person, to perform an action or function under this instrument in relation to an ENV project, has the meaning given by section 19.threat, to a threatened species, includes any process, activity or event that is causing, has caused or is reasonably likely to cause a decline in the population, habitat, distribution, viability or recovery capacity of a threatened species.threat management activity has the meaning given by section 32.threat management indicator has the meaning given by section 14.threat management program has the meaning given by section 32.threatened species means a species or ecological community that is categorised as threatened (however described) under a law of the Commonwealth, a State or a Territory.Note: This definition follows the BAI.threatened fauna species means a fauna species that is categorised as threatened (however described) under a law of the Commonwealth, a State or a Territory.threatened flora species means a flora species that is categorised as threatened (however described) under a law of the Commonwealth, a State or a Territory.threatened species characteristic means the variable biodiversity characteristic mentioned in paragraph 8(c).threshold value:(a) for an indicator for the ecosystem condition of an activity area, has the meaning given by Schedule 7; and(b) for an indicator for a culturally significant entity, means the threshold value nominated in the project plan in accordance with subsection 73(4); and(c) for an indicator for the threatened species characteristic, has the meaning given by Part 5 of Schedule 9; and(d) for an indicator for the commitment to protection characteristic, has the meaning given by section 9 of Schedule 10.transition type, in relation to an activity area, has the meaning given in the table in subsection 59.tree means:(a) a woody plant that:(i) is, or has the potential to become, more than 2 metres tall; and(ii) has either a single trunk or lower branches well above the base; or(b) a mallee tree that is:(i) a woody perennial plant (usually of the genus Eucalyptus); and(ii) multi-stemmed with typically fewer than five trunks of which at least three exceed 100 mm diameter at breast height (1.3 m).tree layer, in a forest or woodland, means the defining layer in a forest or woodland, composed of the crowns of trees and any vines that occur within them.TS activity has the meaning given by section 62.TS activity area has the meaning given by section 62.TS ecosystem condition indicator has the meaning given by section 14.TS monitoring assessment has the meaning given by section 83.TS survey has the meaning given by section 18.Type A threatened species, for an ENV project, has the meaning given by subsection 52(8).Type B threatened species, for an ENV project, has the meaning given by subsection 52(9).unidentified species method has the meaning given by Part 2 of Schedule 3.variable biodiversity project characteristic has the meaning given by section 8.6 Biodiversity projects covered by this instrumentNote: See paragraph 45(1)(a) of the Act.(1) This instrument applies to a biodiversity project that is designed to enhance or protect biodiversity in native species, through the conduct of appropriate activities that improve the capacity of modified landscapes to support native biodiversity by enhancing or maintaining the condition of remnant vegetation or revegetating areas without remnant vegetation.(2) A project covered by subsection (1) is an ENV project.Note: ‘ENV’ stands for Enhancing Native Vegetation.7 Fixed biodiversity project characteristics for an ENV projectNote: See section 10 of the BAI.(1) In this instrument, the fixed biodiversity project characteristic of an ENV project is the set of reference ecosystems for each of the activity areas.(2) There are no additional fixed biodiversity project characteristics under paragraph 10(1)(c) of the BAI for an ENV project.8 Variable biodiversity project characteristics for an ENV projectNote: See section 11 of the BAI.(1) In this instrument, the variable biodiversity project characteristics of an ENV project are:(a) the ecosystem condition of each of the activity areas; and(b) if the project proponent has nominated any culturally significant entities in the project plan—those culturally significant entities; and(c) if the project proponent has identified any relevant threatened species for the project area, and has not made a disapplication statement—the capability of the project area to support each of those threatened species (the threatened species characteristic); and(d) the commitment to protection of biodiversity in native species in the project area (the commitment to protection characteristic).(2) An ENV project to which the threatened species characteristic applies is an ENVTS project.9 Counterfactual scenarios for an ENV projectNote: See section 9 of the BAI.Ecosystem condition characteristic(1) In this instrument, the counterfactual scenario against which any change, or forecast change, in the ecosystem condition of each of the activity areas of an ENV project is to be assessed is the following:(a) in an activity area other than a recovering area—the condition of the land would remain static; and(b) in a recovering area—the condition of the land in the activity area would continue to develop in the absence of the project so that it would transition to a state with a modified defining layer (from highly modified) but with no change in the state for subsidiary layers.Culturally significant entity characteristic(2) In this instrument, the counterfactual scenario against which any change, or forecast change, in a culturally significant entity of an ENV project is to be assessed is the counterfactual scenario established in accordance with subsection 47(3).Threatened species characteristic(3) In this instrument, the counterfactual scenario against which any change, or forecast change, in the TS ecosystem condition indicators for a relevant threatened species is to be assessed is the same in each TS activity area as the one that applies in relation to the ecosystem condition indicators for that activity area under subsection (1).(4) In this instrument, the counterfactual scenario against which any change, or forecast change, in the habitat features indicator for a relevant threatened species is to be assessed is that the habitat features would remain static.(5) In this instrument, the counterfactual scenario against which any change, or forecast change, in the threat management indicator for a relevant threatened species is to be assessed is that the relevant threats to the threatened species would remain static.Commitment to protection characteristic(6) In this instrument, the counterfactual scenario against which any change, or forecast change, in the commitment to protection characteristic for the project area is that the commitment to protection would remain static.Definitions(7) In this instrument:recovering area means an activity area to which the following apply:(a) the reference ecosystems of the activity area belong to MVG structural group 1, 2 or 3; and(b) the starting condition has been assessed as defining layer class C – highly modified (recovering) (see Schedule 5): and(c) if the land is used for agriculture—there is no unfettered right to clear the land.unfettered right to clear, in relation to an area of land, means a legal entitlement to clear all of the native trees and shrubs on the land for an agricultural purpose without having to:(a) obtain a government approval (however described) under a law of the Commonwealth, a State or a Territory; or(b) comply with a requirement under a law of the Commonwealth, a State or a Territory to allow the cleared area to regenerate; or(c) retain trees on the land with prescribed characteristics (e.g. species, height or diameter at a specific height) under a law of the Commonwealth, a State or a Territory; or(d) provide compensation of any kind to mitigate the environmental impacts of the clearing event, including by undertaking or acquiring environmental offsets or setting aside other areas for conservation purposes, under a law of the Commonwealth, a State or a Territory.10 Period for achievement of project outcomeNote: See section 18 of the BAI.It is intended that the project outcome for an ENV project will be achieved within the period of 25 years after registration (the project outcome period).11 Meaning of ecosystem condition, and indicators and sub-indicators for ecosystem condition(1) In this instrument, the ecosystem condition of an activity area or sub-area is the quality of its ecosystem, measured in terms of its biotic and abiotic characteristics, in comparison with the reference ecosystem for the activity area or sub-area.(2) In this instrument:(a) ecosystem condition indicators are the characteristics listed in column 2 of the table below; and(b) the indicators that apply to a particular activity area are the indicators that apply to the MVG structural group to which its reference ecosystems belong, shown in column 3 of the table below (see also Schedule 8); and(c) the changes in the ecosystem condition of an activity area with a reference ecosystem from a particular MVG structural group are measured by:(i) identifying the indicators that apply to that MVG group; and(ii) calculating the changes in the values of each of the indicators that apply.This indicator:…applies to these MVG structural groups:(a) | Canopy height of the defining layer (in metres) | 1, 2, 3(b) | Crown cover from native plants in the tree layer (as a percentage) | 1, 2, 3, 4(c) | Crown cover from non-native plants in the tree layer (as a percentage of total crown cover of plants in the tree layer) | 1, 2, 3, 4(d) | Density of large trees (as the number of trees per hectare that are above the large tree threshold) | 1, 2(e) | Crown cover from native plants in shrub layer (as a percentage of total crown cover of plants in the shrub layer) | 2, 3, 4(f) | Crown cover from non-native plants in the shrub layer (as a percentage of total crown cover of plants in the shrub layer) | 1, 2, 3, 4(g) | Ground cover from sub-category A1, A2 and A3 plants (as a percentage) | 1, 2, 3, 4(h) | Ground cover from sub-category A4 and A5 plants (as a proportion of total ground cover from category A plants) | 1, 2, 3, 4(i) | Recruitment of species from defining layer (as the number of recruiting tree or shrub species) | 1, 2, 3(j) | Native species richness index by life form (native tree, shrub, vine, grass and herbaceous vascular plant species other than grasses) (%) | 1, 2, 3, 4(3) For the purposes of calculating the value of the native species richness index mentioned in item (j) of the table in subsection (2), a contribution value must be calculated for each of the following sub-indicators of that indicator:(a) number of native tree species;(b) number of native shrub species;(c) number of native vine species;(d) number of native grass species;(e) number of native herbaceous vascular plant species other than grasses.(4) In this instrument, a reference to an indicator or sub-indicator in relation to the ecosystem condition of an activity area is a reference to:(a) an indicator mentioned in the table in subsection (2) other than the native species richness index mentioned in item (j) of the table; or(b) a sub-indicator of that indicator.12 Meaning of starting ecosystem condition state(1) In this instrument, the starting ecosystem condition state of an activity area, or a proposed activity area, is the ecosystem condition state that the activity area is assigned to at the beginning of the project assessed as part of the SSA in accordance with paragraph 49(f) and Schedule 5.(2) In this instrument:category A plant means a living ground layer vascular plant.subcategory A1a plant means a living perennial grass from a species that is native to the local area.subcategory A1b plant means a living annual grass from a species that is native to the local area.subcategory A2 plant means a living herbaceous vascular plant, other than a grass, from a species that is native to the local area.subcategory A3 plant means a living woody plant within the ground layer (less than 1 metre tall) from a species that is native to the local area; this may be a seedling, a vine or a small plant of a native tree or shrub species.subcategory A4 plant means a living ground layer plant from a species that is not native to the local area, other than a non-pasture crop species.subcategory A5 plant means a living ground layer plant from a non-native non-pasture crop species.Note: See the sampling categories table at step 2 of the point intercept method (Part 3 of Schedule 3) for the full list of groundcover categories and subcategories. The ones listed here are those referred to individually in this instrument.13 Determination of ecosystem condition scoresNote: See sections 12 and 16 of the BAI.(1) The project proponent must determine the value of an ecosystem condition score for an ENV project in accordance with the NBAS settings document.Note: The NBAS settings document will describe how the project proponent can determine the score using the NBAS, and will specify the information that must be provided. This will include data and values produced for the purposes of this instrument, such as the starting values of indicators and attributes of the activity areas.(2) The ecosystem condition scores are the following:(a) the starting ecosystem condition score for an activity area;(b) the starting contribution to biodiversity persistence score for an activity area;(c) the starting aggregate ecosystem condition score for an ENV project;(d) the starting aggregate contribution to biodiversity persistence score for an ENV project;(e) the forecast ecosystem condition score for an activity area;(f) the forecast contribution to biodiversity persistence score for an activity area;(g) the forecast aggregate ecosystem condition score for an ENV project;(h) the forecast aggregate contribution to biodiversity persistence score for an ENV project;(i) the forecast change in the ecosystem condition score for an activity area;(j) the forecast change in the contribution to biodiversity persistence score for an activity area;(k) the forecast change in the aggregate ecosystem condition score for an ENV project;(l) the forecast change in the aggregate contribution to biodiversity persistence score for an ENV project.14 Indicators for the threatened species characteristic(1) In this instrument, the indicators for the threatened species characteristic for an ENVTS project are:(a) for each relevant threatened species—the TS ecosystem condition indicator for each TS activity area for the relevant threatened species, which will be the same as the ecosystem condition indicators for that activity area; and(b) in addition, if the species is a threatened flora species or a threatened fauna species—the threat management indicator; and(c) in addition, if the species is a threatened fauna species, and is not subject to the exceptions in section 6 of Schedule 9—the habitat features indicator.(2) If the habitat features indicator applies to relevant threatened species, there are also sub-indicators for the habitat features indicator, which must be determined by a suitably qualified person in accordance with section 7 of Schedule 9.(3) The values of the indicators and sub-indicators are ascertained in accordance with Schedule 9.15 Determination of threatened species scores(1) The project proponent must determine the value of a threatened species score for an ENVTS project in accordance with Part 5 of Schedule 9.(2) The threatened species scores are the following:(a) the starting individual TS score for each relevant threatened species;(b) the starting project TS score for the ENVTS project;(c) the forecast individual TS score for each relevant threatened species;(d) the forecast project TS score for the ENVTS project;(e) the forecast change in the project TS score for the ENVTS project.16 Indicators for the commitment to protection characteristic(1) In this instrument, the indicators for the commitment to protection characteristic for an ENV project are:(a) the security indicator, which reflects the nature of any written agreements or other arrangements in relation to the protection or conservation of the biodiversity in the project area; and(b) the duration indicator, which reflects the timeframe of any such agreements and arrangements.(2) The values of the indicators, including the starting, forecast, threshold and benchmark values, and the corresponding scores for the commitment to protection characteristic, are determined in accordance with Schedule 10.17 Presence ticks(1) The project proponent may elect to nominate a relevant threatened species to be subject to a presence tick on the Register.(2) Such a threatened species is a presence tick species for this instrument.(3) In this instrument, a presence tick, in relation to a threatened species, is an entry on the Register with that description that signifies that:(a) the presence of the relevant threatened species:(i) is being monitored in the project area; and(ii) is being measured using a suitable metric or metrics and a measurement approach consistent with the site assessment report, against an agreed threshold; and(b) in the most recent reporting period, the value of at least one metric passed the threshold, indicating at a minimum that the species was functionally present in the project area.Note: The metric is determined under section 53.18 Meaning of TS survey(1) In this instrument, a TS survey is a field survey of an area that seeks, either in relation to any threatened species that might be present within the area, or in relation to one or more particular threatened species:(a) to identify any of the threatened species present in the area on the basis of:(i) direct observation; or(ii) for a threatened fauna species—indirect observations, such as the presence of scats, tracks, audible calls, and other evidence of habitation such as scratch marks or the presence of burrows; and(b) to identify or to monitor any habitat features of importance to threatened species that might be present within the area; andNote: These could include caves, foraging habitat, roosting habitat, food resources, rocky outcrops, tree hollows or other habitat features set out in relevant statutory conservation planning documentation for candidate threatened species.(c) to identify any evidence of threats or potential threats to threatened species that might be present within the area, or to monitor such threats or potential threats.Note: This could include observations or evidence of invasive species or other threats set out in relevant statutory conservation planning documentation for candidate threatened species.(2) If the TS survey is to be used for the purposes of identifying or monitoring a relevant threatened species:(a) it must be conducted or certified by a suitably qualified person with appropriate species level expertise, qualifications and experience; and(b) it must be conducted in accordance with:(i) relevant, authoritative published survey approaches; and(ii) if the ENV project is, or is intended to be, registered as offset-capable—any relevant species-specific offset requirements.Note: If the project is intended to be used for offsets under State or Territory law, the TS survey will need to comply with any requirements under that law.(3) If the relevant threatened species is, or is intended to be a presence tick species;(a) the suitably qualified person must also identify an appropriate metric or metrics for the population of the threatened species concerned; and(b) the TS survey must measure the population of the threatened species using the metrics; and(c) the metrics must be identified and measured in accordance with:(i) the relevant authoritative published survey approaches; and(ii) if the ENV project is, or is intended to be, registered as offset-capable—any relevant species-specific offset requirements.(4) The data collected for the TS survey and its presentation must be consistent with the Data Submission Guidelines.19 Actions that require a suitably qualified person(1) Where a provision in this instrument requires anything to be done or certified by a suitably qualified person, it must be done or certified by a person who:(a) has an appropriate qualification in ecology, botany, ecological restoration, Indigenous land and sea management or in another subject relevant to the ENV project; and(b) has at least 5 years post-qualification experience working as an ecologist, botanist, ecological restoration practitioner, Indigenous land and sea manager, or in another profession relevant to the ENV project; and(c) has worked as an ecologist, botanist, ecological restoration practitioner, Indigenous land and sea manager, or in another profession relevant to the ENV project, within the previous 5 years.Note: If the things to be done or certified involve any Indigenous knowledge, values or data, the suitably qualified person will need to consider relevant rights, interests, consent, permissions, cultural protocols, and the need for cultural authority.(2) If the provision relates to a relevant threatened species, the suitably qualified person must also have the appropriate expertise in relation to that threatened species.Note: This also applies to the identification of relevant threatened species (see section 53), and if the project proponent does not intend to make a disapplication statement, to the identification of Type A and Type B threatened species, since these are the ones that may be identified as relevant threatened species for the project (see section 52).(3) To avoid doubt, a reference in a provision of this instrument to ‘the suitably qualified person’ does not prevent different parts of the relevant provisions being undertaken or certified by different qualified persons, provided each person’s qualifications and experience are relevant to the aspects of the ENV project that the person is dealing with.20 Offset-capable projects(1) For the purposes of paragraph 76A(1)(a) of the Act, a biodiversity certificate issued in respect of an ENV project may be used for an environmental offsetting purpose.(2) For the purposes of subparagraph 45(1)(ea)(ii) of the Act, a biodiversity certificate may be used for an environmental offsetting purpose under the under the EPBC Act:(a) in relation to threatened species—if the ENV project is an ENVTS project; andNote: A biodiversity certificate may be used for an environmental offsetting purpose for both threatened species and threatened ecological communities.(b) in relation to other protected matters—if the project plan includes evidence that the project is appropriate for offset use in relation to the protected matters, in particular in relation to the following:(i) the starting state assessment;(ii) the counterfactual scenario;(iii) the reference ecosystem;(iv) the indicators of biodiversity (starting state and target or benchmark state);(v) the details of the planned project and how it will achieve the benefits to the protected matters;(vi) the details of any specific monitoring and reporting;(vii) the period over which the biodiversity gain is to be achieved.Note: Under the Rules, such an ENV project may be registered as offset-capable if this is requested in the registration application. Whether it will in fact be used as an offset will be the decision of the relevant offset decision-maker.The following provisions are relevant for an ENVTS project.(a) subparagraph 18(2)(c)(ii) (TS surveys);(b) subsection 52(2) (disapplication statements);(c) section 76 (offsets information in the project plan).Subsection 85(7) (limitation on re-stratification) is relevant to all projects registered as offset-capable.(3) This section does not limit the use of a biodiversity certificate issued in respect of any ENV project (whether or not it is registered as offset-capable) for other purposes, including for environmental offset purposes under State or Territory law.21 Permanence period for project used for offset purposesNote: See sections 20 and 34 of the Act.Under the Act, the application for registration of an ENV project may choose a permanence period of type A (25 years), type B (100 years), or type C (as provided in the methodology determination). It is expected that in most cases the project proponent will apply for registration with a type A or type B permanence period and will, if necessary, later apply to extend the period in accordance with this section once the project has been approved for the offset purposes by the offset decision maker.(1) This section applies in relation to an ENV project that has been approved for offset purposes under Commonwealth, State or Territory law (or approved subject to an extension of its permanence period).(2) If the relevant offset approval period ends more than 25 years after the registration of the project takes effect, the ENV project may have a type C permanence period that ends at the end of the relevant offset approval period.(3) If the relevant offset approval does not specify the date on which the approval period ends, the project proponent may make a reasonable estimate of the date, based on the approval and any other relevant material. The grounds for the estimate and any relevant evidence must be provided with the application to extend the permanence period.(4) To avoid doubt, this provision may be applied more than once if the offset conditions are varied, or another offset approval given.Part 2—Project requirementsDivision 2.1—General22 Conditions for registration as registered biodiversity projectNote: See paragraph 45(1)(b) of the Act.An ENV project must not be registered as a registered biodiversity project to which this instrument applies unless:(a) the conditions for a project set out in Parts 2 to 4 are satisfied; and(b) any actions that those Parts require to be taken before registration have been completed; and(c) the information and documents required under section 78 have been provided.Division 2.2—Project activitiesNote: See paragraph 45(1)(h) of the Act.23 Activity periodThere is no activity period for paragraph 45(1)(i) of the Act.24 Eligible project activities(1) The project activities for an ENV project are the principal activities and complementary activities in relation to each activity area that were:(a) recommended for adoption in the activity recommendations for section 58; and(b) adopted in the project plan.Note: The activity recommendations must recommend at least one principal activity for each activity area—see subsection 60(2).The project activities recommended and adopted must be sufficient for it to be reasonable to expect that they will result in the achievement and maintenance of the project outcome. However, the project proponents may well wish or need to undertake activities that are not set out in the project plan. These might or might not qualify as eligible activities.They might include:(a) actions to deal with adverse events or reversals. If it is necessary or desirable to continue the activities for some time in order to achieve the project outcome, the project plan should be amended to incorporate them;(b) other activities or management actions, such as commercial activities, that are undertaken alongside the project activities, but do not contribute to the project outcome. These will still need to comply with the restrictions and prohibitions in this instrument.Eligible principal activities(2) Any of the following programs of activities is eligible to be adopted as a principal activity for an activity area of an ENV project:(a) enhanced grazing control;(b) enhanced weed control;(c) enhanced pest control;(d) infill planting;(e) revegetation through:(i) environmental planting; or(ii) facilitated regeneration.Eligible complementary activities(3) An activity or management action is eligible to be adopted as a complementary activity to be undertaken for an activity area if:(a) it is not to be undertaken as a principal activity or as an element of a principal activity; and(b) it is undertaken because it is necessary or appropriate:(i) to support a principal activity in an activity area; or(ii) to minimise the risks to the native vegetation in a project area mentioned in subsection 56(2); or(iii) to support the maintenance of remnant native vegetation or plantings for the permanence period of the project; or(iv) as a habitat enhancement activity; or(v) as a threat management activity; or(vi) to otherwise contribute to the achievement of the project outcome; and(c) it is unlikely to threaten the achievement of the project outcome or otherwise threaten the biodiversity values of the site.25 Enhanced grazing controlA specified program of grazing control to be undertaken in an activity area is enhanced grazing control if it satisfies the following:(a) the area was subject to livestock grazing in the period of 5 years before the application date; and(b) livestock grazing pressure, measured as stock-equivalent days per year, will be reduced, and then maintained during the permanence period, at a level no more than 50% of the average pressure over the period of 5 years before the application date; and(c) livestock will be excluded from the activity area for a continuous period of at least 3 months each year that includes the optimal growth period for the project.Note: The reduction in grazing pressure is measured in terms of stock-equivalent days per year, which is calculated using prescribed dry sheep equivalent and adult equivalent ratios.26 Enhanced weed controlA specified program of weed control activities to be undertaken in an activity area is enhanced weed control if:(a) it targets the species and areas that are most likely to maximise the beneficial impacts of weed control on the capacity of the activity area to support native biodiversity; and(b) it does not target or harm plant species that are native to the local area; and(c) it goes beyond the activities required to be carried out under the laws of the Commonwealth, or a State or Territory.27 Enhanced pest controlA specified program of pest control activities to be undertaken in an activity area is enhanced pest control if:(a) it targets the species and areas that are most likely to maximise the beneficial impacts of pest control on the capacity of the activity area to support native biodiversity; and(b) the pest control involves only non-native species; and(c) it goes beyond the activities required to be carried out under the laws of the Commonwealth, or a State or Territory.28 Infill plantingNote: Infill planting is undertaken in an area with remnant vegetation. It contrasts with environmental planting, which is undertaken in an area without remnant vegetation.(1) A specified program of planting of one or more species to be undertaken in an activity area is infill planting if:(a) the area contains remnant vegetation;(b) the species planted are native to the local area;(c) the species are consistent with the reference ecosystem for the activity area or sub-area;(d) the planting is intended to address documented structural or compositional deficits in the vegetation relative to the structure and composition of the reference ecosystem; and(e) the planting is consistent with the restoration target state and forecast indicator values for the ecosystem condition of the activity area.(2) Infill plantings may be staggered over the life of the project to reduce costs or improve project outcomes.29 Revegetation through environmental planting or facilitated regeneration(1) A specified program of activities undertaken in an activity area is revegetation if it uses environmental planting or facilitated regeneration to achieve the revegetation of areas that do not contain remnant vegetation, whatever the reasons for the absence of remnant vegetation.Note: Remnant vegetation, with appropriate management, could achieve the structure and composition of the reference ecosystem within two decades.Environmental planting(2) A planting of one or more species in an activity area or sub-area is an environmental planting if it satisfies the following:(a) the area does not contain remnant vegetation;(b) the species planted are native to the local area;(c) the species are consistent with the reference ecosystem for the activity area or sub-area;(d) the planting (either on its own or in combination with facilitated regeneration) will introduce a combination of species that is likely to result in vegetation with structure and composition that is consistent with the reference ecosystem for the activity area or sub-area;(e) the planting is consistent with the restoration target state and forecast indicator values for the ecosystem condition of the activity area.(3) Environmental plantings may be staggered over the life of the project to reduce costs or improve project outcomes.Facilitated regeneration(4) An activity undertaken in an activity area is facilitated regeneration if it satisfies the following:(a) the area does not contain remnant vegetation;(b) the land has potential to regenerate native plant species from the germination of in situ seed, or the growth of in situ seedlings, saplings, rootstock or lignotuber;(c) the regeneration consists of species that are native to the local area;(d) the regeneration (either on its own or in combination with plantings) introduces an appropriate combination of species that is likely to result in vegetation with structure and composition that is consistent with the reference ecosystem for the activity area; and(e) the regeneration will be facilitated through one or more of the following:(i) a reduction in livestock grazing pressure (using enhanced grazing control);(ii) an increase in the control of non-native plant species (using enhanced weed control);(iii) an increase in the control of non-native animal species (using enhanced pest control);(iv) cessation of re-clearing by physical or chemical means.30 Remedial planting(1) The project proponent may, as necessary, use an infill planting or an environmental planting:(a) to replace an infill planting or environmental planting that has failed; or(b) to repair the effects of a disturbance event.(2) Such a planting is a remedial planting.(3) A remedial planting is eligible to be adopted as a complementary activity.(4) A remedial planting to replace an infill planting or environmental planting that was an element of a principal activity may also be undertaken as an element of that principal activity.31 Habitat enhancement activitiesAn activity undertaken in an activity area is a habitat enhancement activity if:(a) the activity includes:(i) the installation of nesting or roosting boxes for native birds and mammals as a substitute for lost hollow bearing trees; or(ii) the placement of rocks or coarse woody debris to provide habitat for native vertebrates and invertebrates, and to facilitate the recovery of native plant species and fungi; and(b) the activity is likely to improve biodiversity in native species;(c) the activity is listed in the relevant statutory conservation planning documentation; and(d) any products and materials used are not to be sourced or installed in a way that has, or is likely to have, material adverse impacts on native biodiversity (within or outside the project area), including introducing or spreading invasive species or disease.Note: The activity does not have to relate to the habitat of a relevant threatened species.32 Threat management activities(1) For this instrument, a threat to a relevant threatened species is a relevant threat if, in the judgement of a suitably qualified person:(a) the threat applies or is present within the project area; and(b) it applies or is present at level that threatens the persistence of the threatened species at the project site; and(c) it is capable of being addressed by a principal or complementary activity that would appreciably reduce its effect on the relevant threatened species.(2) Such a principal or complementary activity is a threat management activity in relation to the relevant threat.Note: It may be an activity that is also undertaken as principal or complementary activity for some other purpose. For example, enhanced pest control may be undertaken as a principal activity in an activity area both because it improves ecosystem condition and because it controls a predator for a relevant threatened species. It might also address threats to more than one relevant threatened species.(3) If the project activities include a program of threat management activities in relation to a relevant threat, then:(a) the relevant threat is a managed threat; and(b) the program of threat management activities is the threat management program in relation to the managed threat.Note: See also section 3 of Schedule 9.(4) The judgement must be based on appropriate statutory conservation planning documentation, evidence from the SSA and scientific literature.33 Limitation on use of fire(1) Nothing in this section prevents the appropriate use of fire:(a) to mitigate risks to life, property or biodiversity (including risks from a bushfire or potential bushfire) that is undertaken in accordance with relevant Commonwealth, State or Territory laws: or(b) in a way that is consistent with traditional Indigenous practices.(2) Fire may be employed in an activity area only in accordance with a fire regime that complies with this section and has been adopted as a complementary activity.Note: The fire regime will be part of the fire management plan in the project plan (section 67).(3) A fire regime is eligible as a complementary activity for an ENV project only if:(a) either:(i) the SSA has recognised an appropriate fire regime as an ecological driver that is likely to be necessary to maintain or improve ecosystem condition; or(ii) use of fire is likely to be necessary to enhance or protect another variable biodiversity project characteristic (eg a culturally significant entity or threatened species); and(b) use of fire carries low risk of threatening the achievement of the project outcome or the biodiversity values of the activity area.(4) A fire regime is not eligible as a complementary activity in an ENV project in an activity area belonging to MVG Structural Group 1 (rainforests and vine thickets).(5) Subject to bushfire events, a fire regime must not permit fires to cover more than 50% of the total area of activity areas belonging to each MVG structural group in a calendar year.Note: If bushfires occur, or necessary back-burning is done, this will reduce the area that may be burnt under the fire management plan.(6) Fire may not be used as part of a fire regime in an area in an ENV project following a bushfire event in that area:(a) for 2 years if the reference ecosystem is from MVG structural group 4 (grasslands and herbfields); or(b) for 2 years if:(i) the reference ecosystem is from MVG structural groups 2 (open forests to open woodlands) or 3 (shrublands); and(ii) the benchmark indicator value for grass cover is at least 50% and the benchmark indicator value for shrub cover is no more than 5%; or(c) for 5 years otherwise.(7) The project proponent must secure and provide evidence that appropriate approvals and permits were obtained from the relevant fire management authorities for any use of fire (including uses mentioned in subsection (1)).(8) For section 70 (project plan) and paragraph 84(5)(a) (biodiversity project reports), the project proponent must describe any engagement with Aboriginal persons and Torres Strait Islanders that has occurred in relation to the design and proposed implementation, or in the actual implementation of a fire regime as a complementary activity.(9) In this section:bushfire event, in an activity area, means:(a) a wildfire in the activity area; or(b) a prescribed burn undertaken in the activity area in response to an imminent threat from bushfire.34 Limitation on ecological thinningNote: Thinning, other than ecological thinning in accordance with this section, is not permitted in an activity area—see section 36, which imposes a civil penalty for failure to comply.(1) Ecological thinning may be undertaken only in accordance with this section.(2) Ecological thinning may only be undertaken in activity areas where the reference ecosystems are from MVG structural group 2.(3) An area of land in an activity area may be subject to ecological thinning once over the permanence period or once every 25 years.(4) An ecological thinning event must not reduce crown cover from native trees and shrubs by more than 20% (in absolute terms).(5) An ecological thinning event must not reduce crown cover from native trees and shrubs to less than 75% of the expected crown cover from native trees and shrubs in the reference ecosystem in either the canopy or mid-storey.(6) Subject to paragraph 36(3)(d), biomass that is thinned in an ecological thinning event must not be removed from the activity area.35 Limitation on livestock grazing(1) Livestock grazing must not be undertaken for the duration of the permanence period in an activity area that was not subject to livestock grazing in the 5 years before the application date.(2) In an activity area that was grazed in the 5 years before the application date, livestock must be excluded from the area for a continuous period of at least 3 months each year that includes the optimal growth period for the project.(3) Livestock grazing must not be undertaken in any activity area in which revegetation activities are undertaken until the plantings or regeneration have become established, so that 90% of individual trees and shrubs (for species with mature heights of 2m or more) that comprise the plantings in the activity area have reached 1.5 m. For plantings that do not include trees or shrubs expected to exceed 2m in height, grazing must not occur until individuals of 80% of species included in the planting have been observed flowering at least once.Civil penalties(4) Subsections (1), (2) and (3) are imposed for the purposes of paragraphs 45(3)(b) of the Act (which imposes a civil penalty for a breach).36 Prohibited activitiesNote: See paragraph 45(3)(b) of the Act.(1) The project proponent must ensure that the following activities are not carried out in the project area by the project proponent or by any other person, except to the extent necessary for the purposes of the project activities:(a) activities that involve the destruction or removal, including by lopping and harvesting, of native plant biomass including woody debris and standing dead trees, fruits, nuts or seeds, other than permitted activities;(b) activities that involve the disposal, dumping or burning of rubbish;(c) activities that involve ground and rock disturbance, including ploughing or ripping, other than permitted activities.(2) The project proponent must ensure that fertiliser is not used in an activity area, other than:(a) fertiliser found in tubestock used for plantings; and(b) a single application added when planting seedlings in an activity area where the reference ecosystems are from MVG structural group 1.(3) The following are permitted activities for paragraphs (1)(a) and (c):(a) activities that involve movement of rocks or woody debris within the project area:(i) as part of a habitat enhancement activity; or(ii) for the purposes of habitat enhancement and in accordance with paragraph 31(d).(b) ecological thinning in accordance with section 34;(c) activities that involve the removal of fruits, nuts or seeds (whether for personal or commercial purposes) provided that no more than 20% of the fruits, nuts or seeds of any native species in an activity area are removed in a calendar year;(d) activities that are consistent with:(i) traditional Indigenous practices; or(ii) native title rights under the Native Title Act 1993.Civil penalties(4) Subsections (1) and (2) are imposed for the purposes of paragraphs 45(3)(b) of the Act (which imposes a civil penalty for a breach).Division 2.3—Land and location37 Project area must be in eligible region and include eligible land(1) The project area must be wholly within 1 or more eligible regions.Note: For eligible regions, see Schedule 1.(2) The project area must include eligible land.38 Meaning of eligible land(1) Land is eligible land for carrying out the project activities if it satisfies this section.(2) Any native vegetation on the land must not have been damaged or destroyed by mechanical or chemical means within the 3 years preceding the application date.(3) The land must not have been affected by fire within the 9 months preceding the application date.(4) If the defining layer includes woody vegetation, the land must not have been affected by a fire that killed more than 50% of the plants in the defining layer within the 3 years preceding the application date.(5) The land must be at or above the level of the highest astronomical tide.Note: Marine and estuarine ecosystems, including mangrove and other tidal wetlands, will be ineligible because they occur below the level of the highest astronomical tide.Division 2.4—Stratification of the project areaNote: The project proponent will need to have a proposed stratification of the project area into activity areas and exclusion areas in order to conduct the starting state assessment and prepare the site assessment report. On the other hand, it may not be possible to be sure that a proposed activity area will satisfy the requirements of this Division until the starting state assessment, the restoration assessment and the site assessment report are nearly complete. This may be needed to ensure, in particular, that:undivided activity areas, and the sub-areas of divided activity areas, each have a single reference ecosystem;the sub-areas of divided activity areas have reference ecosystems from the same Major Vegetation Group;the whole of an activity area has the same starting ecosystem condition state and the same restoration target state;permanent sampling plots can be selected that comply with subsection 1(5) of Part 1 of Schedule 3;the project proponent is willing to carry out the project activities recommended for each activity area in the assessment report.In practice, therefore, activity areas are likely to be proposed, varied and settled by the project proponent in the course of making of the starting state assessment and restoration assessment.Note that the project proponent can apply to re-stratify the project area, if it seems desirable, at any time before applying for the biodiversity certificate—see section 85.39 Initial stratification of project area(1) The project proponent must stratify the project area, by dividing the project area into 1 or more separate areas, of which;(a) at least one is designated an activity area; and(b) any other area is designated an exclusion area.(2) The stratification must also divide activity areas into sub-areas, where this is required for the assignation of reference ecosystems under section 50.40 Requirements for activity areas(1) An area of a stratification may be designated an activity area if:(a) it consists of eligible land; and(b) it does not include any excluded water; and(c) the project proponent proposes to carry out project activities in the area as part of the ENV project.(2) An activity area may consist of a single contiguous area, or multiple disconnected areas.(3) Each activity area, and each such disconnected area, must be at least 0.2 hectares, and the activity areas together must be at least 5 hectares.(4) An activity area must be capable of:(a) having a single reference ecosystem assigned to it; or(b) being divided into sub-areas, with reference ecosystems assigned to them;in accordance with section 50.Note: Under that section, the reference ecosystems for any sub-areas must all come from the same Major Vegetation Group.(5) The whole of an activity area must have the same:(a) starting ecosystem condition state; and(b) restoration target state.(6) In this section:excluded water means inland water or sea, including mangrove areas, but does not include:(a) ephemeral or vegetated (palustrine) wetlands (such as riparian areas, floodplains, swamps and marshes); or(b) coastal land on the landward side of the low water mark.Note: Most riparian and floodplain ecosystems (i.e. vegetated (palustrine) wetlands) will be eligible. However, lakes (lacustrine wetlands) and in-channel riverine ecosystems are likely to be ineligible.41 Exclusion areasA part of the project area that is not an activity area must be designated an exclusion area.42 Mapping of boundariesThe boundaries of the project area and of the activity areas and any sub-areas must be mapped in accordance with the Mapping Guidelines.Part 3—Starting state assessment of the project area (SSA)Note: See sections 8, 10 and 11 of the BAI.43 References to activity areas, project outcomes and project activitiesIn this Part:(a) a reference to an activity area includes a reference to a proposed activity area; and(b) a reference to a project outcome includes a reference to a proposed project outcome; and(c) a reference to a project activity includes a reference to a proposed project activity.44 Starting state assessmentStarting state assessment(1) The project proponent must make an assessment, in accordance with this Part, of the project area as it stands when the application for registration is made (the starting state assessment or SSA). The starting state assessment must be documented in the site assessment report prepared in accordance with section 57.(2) Each element of the SSA must be either undertaken by a suitably qualified person, or certified by a suitably qualified person, unless the relevant provision provides otherwise.Field survey(3) The SSA must include a field survey undertaken by a suitably qualified person.(4) Subject to subsection (5), the field survey must be undertaken during, or as close as practicable to, the optimal growth period for the project, in order to maximise potential to identify plant species.(5) Elements of the field survey that are more likely to be effective if conducted at some other time of year may be conducted at such times.Note: For example, the presence of some threatened species may be easier to identify at a time other than the optimal growth period.(6) The field survey must cover:(a) each activity area; and(b) where possible, a buffer area of at least 500 metres in width around the perimeter of each activity area.Relevant data and information for the assessment(7) The SSA must be informed by data and information obtained from:(a) the permanent sampling plots; and(b) the field survey; and(c) virtual assessments of the project area and any other areas covered by the field survey.Note: A virtual assessment of an area is a desktop assessment using remote imagery.45 Assessment of the eligibility of the landAs part of the SSA, the project proponent must make an assessment of the project area and each activity area to:(a) confirm that the project area complies with Division 2.3; and(b) confirm that each activity area consists only of eligible land; and(c) identify and describe any covenants or other legal interests that apply to each activity area.46 Engagement with relevant Indigenous representatives(1) The project proponent must identify any areas within the project area that are subject to Indigenous land interests (land interest areas).(2) If there are any land interest areas, the project proponent must, as part of the SSA, engage appropriately with the relevant Indigenous representatives for the project area in relation to the design and implementation of the ENV project, including in relation to the following:(a) the planning and conduct of the initial field survey;(b) using Indigenous knowledge and values, or Indigenous data (including any data generated during the planning or implementation of the replanting project) relating to enhancing or protecting biodiversity in native species, in a culturally appropriate way;(c) identifying whether there are areas within the project area that are considered culturally sensitive or significant to relevant Aboriginal persons or Torres Strait Islanders.(3) To avoid doubt, whether or not there are any land interest areas, the project proponent may engage with relevant Aboriginal persons or Torres Strait Islanders for the project area in relation to the design and implementation of the ENV project, in the way set out subsection (2).47 Culturally significant entities of an ENV projectNote: See section 16 of the BAI.(1) This section sets out how the project proponent for an ENV project can identify a thing, place, matter or process (the entity) that is within the project area to nominate as a culturally significant entity for the project in accordance with section 73.Note: This may be done as part of the SSA, or after registration of the project.(2) Before making such a nomination, the project proponent must:(a) engage with relevant Aboriginal persons or Torres Strait Islanders for the project area (the relevant persons), or relevant Indigenous representatives acting on their behalf; and(b) determine that the entity is of cultural significance to the relevant persons.Note: This is a culturally significant entity relevant to the project for the purposes of sections 11 and 16 of the BAI.Assessing change in culturally significant entities(3) The nomination may be made only if the project proponent has established the following in the engagement:(a) how the culturally significant entity will be identified and described;(b) the project activities that will contribute to protection or enhancement of the culturally significant entity;(c) indicators to measure and assess change to the culturally significant entity, and the process by which these will be assessed by the relevant persons;(d) the starting value of each of the indicators;(e) the counterfactual scenario against which the forecast value of the indicators is to be assessed, which may be whichever is the most appropriate of the following:(i) that the condition of the culturally significant entity would remain static;(ii) that the condition of the culturally significant entity would change over time;(f) the forecast value of each of the indicators as a result of the activities of the project;(g) the threshold value of each of the indicators.Required processes and documentation(4) The project proponent must be able to demonstrate and document, with culturally appropriate evidence:(a) that they have done all of the following:(i) identified and engaged with the relevant persons;(ii) obtained appropriate consent from the relevant persons for the use of Indigenous knowledge or values to identify and describe the culturally significant entity;(iii) appropriately engaged with the relevant persons in relation to each of the above matters for the culturally significant entity;(iv) identified (or, where relevant, identified and described) each of the things mentioned in subsection (3) for the culturally significant entity, consistently with any requirements of the relevant persons;(v) obtained agreement from the relevant persons to the proposed culturally appropriate verification process that will be followed to demonstrate the delivery of change to the culturally significant entity;(vi) obtained agreement from the relevant persons on how information relating to the culturally significant entity will be provided to the Regulator and the extent to which it can be included on the Register; and(b) that the project activities are likely to result in the forecast value for each of the indicators for the culturally significant entity.48 Use of Indigenous knowledge or values, or Indigenous data(1) This section applies if:(a) it is proposed that the ENV project will include, or be informed by, Indigenous knowledge or values, or Indigenous data in relation to the project’s design or implementation; and(b) the Indigenous knowledge or values, or Indigenous data, were informed by engagement with:(i) relevant Indigenous representatives for the project area; or(ii) relevant Aboriginal persons or Torres Strait Islanders for the project area.(2) The project proponent must, as part of the SSA:(a) obtain agreement on the appropriate attribution for the Indigenous knowledge or values or Indigenous data; and(b) obtain appropriate consents to the use of the Indigenous knowledge or values or Indigenous data (the relevant consents); and(c) use culturally appropriate approaches for the collection, interpretation, use, recording and governance of the Indigenous knowledge or values or Indigenous data, and provide supporting evidence of this; and(d) document how the project design and implementation includes or is informed by the Indigenous knowledge or values or Indigenous data.(3) This section applies whether or not the Indigenous knowledge or values or Indigenous data resulted from the engagement for the purposes of section 46 or 47.49 Ecosystem assessmentAs part of the SSA, a suitably qualified person must do the following for each activity area:(a) identify and describe the reference ecosystem or ecosystems for the activity area in accordance with section 50;(b) for each reference ecosystem:(i) if the Approved benchmark source list gives an appropriate benchmark value for an indicator or sub-indicator, or an appropriate large tree threshold—select that value; and(ii) otherwise—establish a benchmark or large tree threshold value in accordance with Schedule 2;(c) establish permanent sampling plots for the activity area in accordance with the plot establishment method in Schedule 3;(d) make a photo survey of each permanent sampling plot (which need not be done personally by the suitably qualified person);(e) determine the value of each indicator for the ecosystem condition of the activity area (the starting value of the indicator) in accordance with Schedule 4;(f) determine the starting ecosystem condition state of the activity area in accordance with Schedule 5.Note: The whole of the activity area must have the same starting ecosystem condition state—see subsection 40(5).50 Identifying reference ecosystemsNote: See section 10 of the BAI.(1) This section sets out how the suitably qualified person must, for each activity area:(a) identify the Major Vegetation Group to which the land in the activity area belongs; and(b) assign reference ecosystems from within that Major Vegetation Group to each part of an activity area;for the purposes of ecosystem assessment in accordance with section 49.(2) The suitably qualified person must set out the justification for making the selection, including any available evidence of historic ecosystems for the activity area.(3) The assignment of reference ecosystems must be undertaken at a maximum scale of 3 hectares, with a minimum width of 50 metres for linear features.(4) The ecosystem must be identified and described consistently with:(a) the IUCN Global Ecosystem Typology, as it exists at the time the SSA is undertaken, at the functional group level; and(b) the National Vegetation Information System (NVIS), as it exists at the time the SSA is undertaken, at both the association level and sub-association level.Note 1: At time this instrument was made:(a) the IUCN Global ecosystem Typology was available at https://global-ecosystems.org/; and(b) the NVIS was available on the Department’s website at https://www.dcceew.gov.au/environment/land/native-vegetation/national-vegetation-information-system.Note 2: The association level and sub-association level correspond to levels 5 and 6 of the NVIS respectively.Evaluation of prescribed vegetation map(5) In this instrument:Prescribed Vegetation Classification System means the database of that name published on the Department’s website, as it exists from time to time.prescribed vegetation map, for an activity area means a spatial data product, of that name, that forms part of the Prescribed Vegetation Classification System.(6) The suitably qualified person must access and examine the prescribed vegetation map for the activity area on PLANR and the list of eligible vegetation types from the prescribed vegetation classification system.(7) The suitably qualified person must, using:(a) a virtual assessment; and(b) a field survey (as part of the initial field survey)determine whether or not the prescribed vegetation map is likely to be correct.Note: The assessment should consider the prescribed vegetation map as well as the assessment should consider any other available resources on historic ecosystems for the area. Available evidence of historic ecosystems for the activity area could include (among other things) Indigenous knowledge, historic photography, historic surveys and plans, other old maps and early site descriptions (where they exist) from the grey literature.Selection—prescribed vegetation map appears accurate(8) If the suitably qualified person is satisfied that the prescribed vegetation map is accurate, subsections (9) to (11) apply.(9) If the activity area is shown by the prescribed vegetation map to have a single native vegetation type, that vegetation type must be assigned to the activity area as its reference ecosystem.(10) If the activity area is shown by the prescribed vegetation map to have a mixture of 2 or more native vegetation types that belong to the same Major Vegetation Group, the suitably qualified person must divide the activity area into parts (the sub-areas of the activity area), based on the distribution of the vegetation types, so that each sub-area is assigned a single native vegetation type as its reference ecosystem.(11) If a proposed activity area has native vegetation types from more than one Major Vegetation Group, the suitably qualified person must adjust the proposed stratification so that this does not occur.Selection—prescribed vegetation map does not appear accurate(12) If it appears that the prescribed vegetation map is likely not to be correct, the suitably qualified person must use the list of eligible vegetation types from the Prescribed Vegetation Classification System to determine the eligible native vegetation type or types that were most likely to be present on the land prior to it being cleared or pre-1750 (whichever is later), having regard to the biophysical characteristics of the land and the type of ecosystem it is currently likely to support.(13) Subject to subsection (15), the suitably qualified person must apply subsections (9) to (11), taking account of the determination made under subsection (12), so that each activity area or sub-area is assigned a single native vegetation type as its reference ecosystem.(14) For subsection (12), a native vegetation type is eligible if it occurs, or previously occurred, within the relevant eligible region in which the land is located, or an adjacent IBRA subregion.Exception—changes since clearing too great(15) If there is compelling evidence that the biophysical attributes of an activity area, or a part of an activity area, have changed to such an extent that enhancement or maintenance of ecosystem condition relative to the pre-clearing (or pre-1750) reference ecosystem is not likely to be feasible, the suitably qualified person may designate an alternative eligible native vegetation type as the reference ecosystem for the activity area, or for a sub-area of the activity area.(16) For subsection (15), a native vegetation type is eligible if it occurs, or previously occurred, within the relevant eligible region in which the land is located, or an adjacent IBRA subregion; and(a) is suited to the biophysical attributes of the land and the type of ecosystem it is currently likely to support; and(b) is from the same Major Vegetation Group as the native vegetation type that was most likely to be present on the land prior to it being cleared or pre-1750.(17) If changes to the biophysical attributes of land mean it is not likely to be possible to revegetate that land towards a native vegetation type that satisfies subsection (16), the land must not be included in a proposed activity area.51 Assessment of ecological drivers of the project areaNote: See section 8 of the BAI.(1) As part of the SSA, the project proponent must make:(a) an assessment of the relevant historic drivers of change associated with biodiversity in native species in the project area; and(b) an assessment of the continuing ecological drivers that affect the project area and that:(i) could threaten capacity of the project to achieve the restoration target state for each activity area; or(ii) are necessary enablers of the restoration target state for each activity area.(2) The methods used to make the assessment must include visual inspection of the project area using remote imagery and on-ground inspection of the project area.(3) The methods may also include the appropriate use of, for example, historic aerial photography, Indigenous knowledge, historic surveys and plans, other old maps and early site descriptions (where they exist) and grey literature.(4) The assessment of the relevant ecological drivers:(a) must include the effect on the project area of the following:(i) the hydrology of the area;(ii) climate and climate change;(iii) fire;(iv) non-native plant and animal species;(v) contaminants; and(b) may include the effect of other matters, including traditional Indigenous practices.52 Identification of threatened species that may benefit from the projectNote: See paragraph 8(2)(b) and section 15 of the BAI.Applicability of the threatened species variable biodiversity characteristic(1) In this instrument, a disapplication statement is a statement, for the purposes of subparagraph 15(2)(b)(i) of the BAI, that the threatened species characteristic is not applicable to the ENV project.Note: A disapplication statement will appear in the project plan—see section 71.(2) The project proponent may make a disapplication statement if:(a) there do not appear to be any threatened species that may benefit from the ENV project; or(b) the project is not intended to be registered as offset-capable in relation to threatened species.Note: Subsections (3) to (9) apply whether or not the project proponent intends to make a disapplication statement.Identification of candidate threatened species(3) As part of the SSA, the project proponent must make a search on the Department’s PMST tool and, if appropriate, using the corresponding systems of the relevant State or Territory, to identify threatened species that might be present in the area consisting of:(a) a polygon that encompasses the project area; and(b) a 10km buffer around this area.(4) All threatened species that are identified by the searches as being likely to occur within the search area are candidate threatened species for this section.(5) The SSA must include one or more TS surveys, either as a part of the field survey, or as separate surveys conducted within 5 years before the application date, that between them are reasonably likely to identify any threatened species present in the area.Note: A TS survey must comply with section 18.(6) All threatened species that have been identified as being present within the search area by a TS survey are candidate threatened species for this section.Identification of threatened species that may benefit from the ENV project (Type A and Type B)(7) From among the candidate threatened species, the suitably qualified person must the identify any Type A or Type B threatened species for the ENV project, for the purposes of determining whether the species is a relevant species based on how it is expected to benefit from the project activities.(8) A candidate threatened species is a Type A threatened species if:(a) it was identified as present within the search area under subsection (6), and(b) based on the best available evidence, it would be reasonably likely to benefit from the project activities, including through the test described in subsection 11(7) of Schedule 9.Note: In practice, it is expected that the final selection of the project activities will be made with a view to enhancing such benefits if this is practicable.(9) A candidate threatened species is a Type B threatened species if:(a) it was identified as likely to occur within the search area under subsection (4); and(b) it is not a Type A threatened species; and(c) it is likely to inhabit or use one or more of the reference ecosystems of the ENV project, taking into account the forecast ecosystem condition of those ecosystems in light of the needs of individual candidate threatened species; and(d) essential habitat features for it were identified during the field survey or in another TS survey conducted within 12 months before the application date, including habitat features which are going to be re-introduced as a result of the project activities; and(e) it would be likely to benefit from the project activities, including through the test described in subsection 11(9) of Schedule 9.Note: In practice, it is expected that the final selection of the project activities will be made with a view to enhancing such benefits if this is practicable.(10) Unless the project proponent intends to make a disapplication statement, the identification of the Type A and Type B threatened species must be undertaken or certified by a suitably qualified person who also has the appropriate expertise in relation to that threatened species.53 Identification of relevant threatened species(1) This section applies unless the project proponent intends to make a disapplication statement.(2) The project proponent must, from among the Type A and Type B threatened species identified in accordance with section 52, identify and declare the relevant threatened species for the ENV project.(3) A Type A threatened species is a relevant threatened species if, on the basis of applicable statutory conservation planning documentation, scientific literature and established best practice guidance, it will demonstrably benefit from the project activities, and in particular that the forecast values of its indicators will satisfy subsection 11(7) of Schedule 9.(4) A Type B threatened species is a relevant threatened species if, the project activities will, with high certainty, result in the species inhabiting or using the project area during the permanence period of the ENV project, as mentioned in subsection 11(9) of Schedule 9.Disapplication statement required if no relevant threatened species(5) If no relevant threatened species are identified, the project proponent must make a disapplication statement.Suitably qualified person to have species level expertise(6) The identification of relevant threatened species must be undertaken or certified by a suitably qualified person who also has the appropriate expertise in relation to that threatened species.Metric for presence tick(7) If the project proponent intends to nominate a relevant threatened species to be subject to a presence tick, the suitably qualified person with the appropriate expertise in relation to that threatened species must:(a) select a suitable metric or metrics to assess the presence of that threatened species; and(b) document and justify the selection; and(c) as part of the SSA, assess the presence of the threatened species in a TS survey according to the metric (this is the starting value of the metric).Note: See sections 17 and 72. The presence tick will only be awarded on the register if the value of at least one metric comes to exceed the threshold that signifies functional presence.54 Assessment of relevant threatened speciesHabitat importance(1) As part of the SSA, the suitably qualified person must make an assessment of the habitat importance of the project area for each relevant threatened species and categorise it as ‘high’, ‘medium’ or ‘local’.(2) The assessment must be based on:(a) the information collected in the SSA; and(b) the contribution of the project area, in its current and in its forecast ecosystem state, to connectivity; and(c) the importance of the project area when considering the distribution and persistence and recovery requirements of the relevant threatened species and its life cycle (as applicable); and(d) any guidance materials provided by the Department; and(e) any other material that the suitably qualified person considers relevant.Listing status(3) As part of the SSA, project proponent must determine the listing status of each relevant species as one of the following:(a) extinct in the wild;(b) critically endangered;(c) endangered;(d) vulnerable.(4) If the threatened species is listed under the Environment Protection and Biodiversity Conservation Act 1999, the listing status of the threatened species is the one given on that list.(5) If the threatened species is not listed under the Environment Protection and Biodiversity Conservation Act 1999, but is listed under the corresponding legislation of the relevant State or Territory, the listing status of the threatened species is the one given on that list.Threats to relevant threatened species(6) As part of the SSA, the suitably qualified person must do the following for each relevant threatened species, in accordance with Schedule 9:(a) identify the relevant threats to the threatened species;(b) identity the threat management activities that will be adopted, and the corresponding TS activity areas;(c) determine the starting value and benchmark value of the threat management indicator for the relevant threatened species to which the threat management indicator applies, in accordance with Schedule 9.Habitat features for threatened fauna species(7) As part of the SSA, the suitably qualified person must do the following for each relevant threatened species to which the habitat features indicator applies, in accordance with Schedule 9:(a) identify the habitat features that relate to the relevant threatened species;(b) determine the habitat features sub-indicators for the relevant threatened species;(c) determine the starting values and benchmark values of the habitat features sub-indicators and the corresponding starting and benchmark values of the habitat features indicator.55 Assessment of the level of commitment to protectionNote: See subsection 14(1) of the BAI.As part of the SSA, the project proponent must in accordance with Schedule 10:(a) identify and give the details of any security arrangements that are in place or proposed for the project area, other than the proposed ENV project; and(b) determine the starting values of:(i) the security indicator; and(ii) the duration indicator; and(iii) the commitment to protection score for the project.56 Assessment of the project context(1) As part of the SSA, the project proponent must also do the following for each activity area:(a) identify and describe any potential risks to the project outcome being achieved, in accordance with subsection (2);(b) identify and describe those parts of the project area (if any) that, based on one or more projections, may be vulnerable to the reasonably expected effects of climate change in a way that could affect the likelihood of the project outcome being achieved;(c) identify and describe any significant hydrological features within the activity area, and in the surrounding landscape, that may affect, or be affected by, the project activities;Examples: flood prone areas; features that materially affect plant water availability.(d) identify and describe the extent of, and the evidence for, natural regeneration including:(i) the location, approximate density and species that are naturally regenerating; and(ii) any areas of land with potential to regenerate native plant species from the germination of in situ seed, or the growth of in situ seedlings, saplings, rootstock or lignotuber.Risks to success of the ENV project(2) For paragraph (1)(a) the project proponent must identify and describe any potential risks within the activity area, and in the surrounding landscape, of the following kinds:(a) non-native plant and animal species;(b) contaminants (including, but not limited to, biological and chemical contaminants) or contaminant sources;(c) significant natural disturbances (including wildfire, drought, flood or disease);where they could adversely affect the likelihood of the project outcome being achieved.57 The site assessment report(1) The project proponent must prepare a report in accordance with this section (the site assessment report) that demonstrates that the starting state assessment complied with this Part.(2) The site assessment report must be either undertaken by a suitably qualified person, or certified by a suitably qualified person.(3) The site assessment report must include the following information and any relevant supporting evidence:Site details(a) details of the project area, including:(i) the name and address of the property or properties included in the project area;(ii) the lot and file numbers of the land parcels included in the project area;(b) a map of the project area that:(i) shows the activity areas and any sub-areas, specifying:(A) the Major Vegetation Group of each activity area;(B) the reference ecosystem of each activity area or sub-area; and(ii) is consistent with the Mapping Guidelines;(c) details of how each activity area satisfies the criteria for an activity area mentioned in section 40, and the data relied upon to establish this;Indigenous matters(d) a description of any engagement with relevant Indigenous representatives or other relevant Aboriginal persons or Torres Strait Islanders for the project area that was undertaken for the purposes of section 46;(e) any areas of the project area that:(i) are subject to Indigenous land interests; or(ii) are culturally sensitive areas;(f) a description of any other engagement with relevant Aboriginal persons or Torres Strait Islanders for the project area as part of the SSA, including in relation to culturally significant entities;(g) any traditional Indigenous practices that were included for the purposes of subsection 51(4);Reference ecosystems(h) the reference ecosystems identified for each activity area, including:(i) details of the process undertaken to identify the reference ecosystems; and(ii) the data obtained from this process and relied upon to identify the reference ecosystems;Benchmark values for ecosystem condition indicators(i) the benchmark values for the indicator and sub-indicators for the ecosystem condition of each activity area, including:(i) details of how these benchmark values were selected or established, including the process and, where relevant, the sources used; and(ii) if the benchmark values were established in accordance with Schedule 2;(A) evidence demonstrating the process in Schedule 2 was complied with; and(B) details of the survey sites used in this process; and(C) justification for why a benchmark value for the indicator or sub-indicator from the Approved benchmark source list was not appropriate;Starting ecosystem condition state(j) for each activity area—the starting ecosystem condition state;(k) for each activity area:(i) the starting values for each indicator for ecosystem condition; and(ii) the starting ecosystem condition score; and(iii) the starting contribution to biodiversity persistence score;(l) for the ENV project as a whole;(i) the starting aggregate ecosystem condition score; and(ii) the starting aggregate contribution to biodiversity persistence score;Evidence for starting ecosystem condition state(m) the data obtained from the assessment that was relied upon to determine the starting ecosystem condition state of each activity area;(n) the data obtained from the assessment that was relied upon to determine starting values of each indicator for the ecosystem condition of each activity area;(o) details of the permanent sampling plots for each activity area, including the following:(i) a map of the activity area that:(A) shows the sampling plots; and(B) is consistent with the Mapping Guidelines;(ii) the location of the permanent markers for each sampling plot;(iii) the location of the centre line for each sampling plot;(iv) a description of how the plots were determined;(v) the 6 photos of each plot taken for the photo survey;Threatened species details(p) a list of all candidate threatened species, and the following information for each such species:(i) whether the species is Type A or B;(ii) evidence to justify the identification of the species as a candidate threatened species, including the results from using the PMST tool and, where relevant, any TS survey data;(q) a list of all relevant threatened species, and the following information for each such species:(i) its listing status;(ii) whether the species is Type A or B;(iii) a map of the project area identifying areas of habitat for the species and important habitat features, consistent with the Mapping Guidelines;(iv) the results of the habitat importance assessment for the threatened species, mentioned in section 54, including any uncertainties or assumptions;(v) supporting evidence for the results of the habitat importance assessment;(vi) its indicators for the threatened species characteristic;(vii) the threats to the relevant threatened species within the project area identified during the starting state assessment;(viii) the starting value for each indicator;(ix) the benchmark value for each indicator;(x) the forecast value for each indicator, and where relevant, any forecast change;(xi) the threshold value for each indicator;(xii) evidence that project is likely to result in the forecast value and in each of the indicators;(xiii) all TS survey data in relation to the relevant threatened species;(xiv) if the threatened species is a threatened ecological community with defined condition classes in the statutory conservation planning documentation—its starting condition class in each relevant TS activity area;(xv) if the threatened species is a threatened fauna species:(A) if the habitat features indicator does not apply—the reasons why the habitat features indicator is not considered necessary or appropriate for the species and the evidence relied upon by the suitably qualified person in reaching that conclusion under section 8 of Schedule 9; or(B) if the habitat features indicator applies—the habitat features required by the species for their use of the habitat, identified during the starting state assessment, and those proposed to be enhanced by the project;(xvi) the starting individual TS score;(r) the starting project TS score;(s) a list of all presence tick species, and the following information for each such species:(i) the details of its metric or metrics, determined under subsection 53(7);(ii) the justification for the metric or metrics, with reference to any applicable statutory conservation planning documentation, scientific literature, technical evidence and established best-practice guidelines;(iii) the value of the metric or metrics collected during the SSA or in any supplementary TS surveys;Commitment to protection details(t) in relation to the commitment to protection characteristic, the following:(i) details of any security arrangements of the project in addition to the ENV project itself:(ii) the starting score for the project;(iii) the starting values for each indicator;(iv) the forecast score for the project;(v) the forecast values for each indicator;(vi) the threshold values for the issuance of biodiversity certificates for each indicator;(vii) benchmark values for each indicator;Relevant features(u) details of any potential risks to the likelihood of the project outcome being achieved that were identified as part of the SSA;(v) details of any significant hydrological features that were identified as part of the SSA;(w) details of the historic drivers of change associated with biodiversity in native species in the project area, including any significant disturbances to any of the activity areas;(x) details of any ecological drivers that:(i) could threaten capacity of the project to achieve the restoration target states for each activity area; or(ii) are necessary enablers of the restoration target states for each activity area.(y) details of any natural regeneration that was identified as part of the SSA;(z) details of any covenants or other legal encumbrances that were identified as part of the SSA;Suitably qualified persons(aa) the names and contact details of the suitably qualified person or persons who performed functions in relation to the SSA and the site assessment report;(bb) evidence of their relevant qualifications or experience.(4) The data in the site assessment report, and its presentation, must be consistent with the Data Submission Guidelines.Part 4—Restoration assessment and project planDivision 4.1—Restoration assessment and activity recommendations58 The restoration assessmentOn the basis of the starting state assessment, a suitably qualified person must, in accordance with this Division, make a restoration assessment of the project area that includes the following:(a) an assessment of permissible and achievable restoration target states;(b) restoration target state recommendations;(c) activity recommendations in relation to the ecosystem condition;(d) a justification for the recommendations;(e) forecast values of ecosystem condition indicators and forecast scores;(f) forecast changes in values of ecosystem condition indicators and forecast scores.Note: This section allows the recommendations to include alternative courses of action; the project proponent must select the targets and activities to be adopted by the project from among those alternatives, However, in most cases it would be expected that the project proponent and the suitably qualified person would discuss the matters, to avoid including in the recommendations alternatives that will not be considered by the project proponent.59 The assessment of permissible and achievable restoration targets(1) The suitably qualified person must assess:(a) the permissible restoration target states for each activity area; and(b) the associated transition type and certificate issuance threshold values for the indicators of ecosystem condition for each activity area.Note: Each eligible combination of starting and restoration target states has been classified as 1 of 4 transition types (M1, M2, E1 and E2). As set out in Schedule 7, the transition types have specific certificate issuance thresholds for key ecosystem condition indicators, for example: reduction or maintenance at very low levels of non-native cover for M1 and M2 transition types; restoration of the canopy layer for typical E1 transitions in rainforests; and restoration of ground and shrub cover for typical E2 transitions in woodlands.(2) The permissible restoration target states must be determined in accordance with Schedule 6, on the basis of the starting ecosystem condition state of the project area.(3) The transition between the starting ecosystem condition state of each activity area and each of its permissible restoration target states must be characterised as one of the transition types M1, M2, E1 or E2.Note: The transition types signify the extent to which the project is aiming to maintain or enhance the condition of the vegetation in the activity area through targeted management of one or both of the vegetation layers. This helps communicate the nature of the effort and level of ambition associated with the projects.Eligible Transition typesTransition type | Management objectiveM1 | Maintaining the ecosystem condition state of moderate to high condition native vegetationM2 | Maintaining the ecosystem condition state of modified native vegetation, with targeted enhancement of certain ecosystem condition indicatorsE1 | Enhancing ecosystem condition state of modified native vegetation (for example, improving either the defining layer or complementary layer)E2 | More ambitious enhancement of the ecosystem condition state of modified native vegetation (for example, improving both the defining layer and complementary layer)(4) The suitably qualified person must make an assessment of the principal activities and complementary activities that would be appropriate to achieve the permissible restoration target states.60 The recommendations for restoration target states and associated project activities(1) On the basis of the assessment, and taking account of the resources and objectives of the project proponent, the suitably qualified person must make recommendations as to:(a) appropriate restoration target states for each activity area (the restoration target state recommendations); and(b) the principal and complementary activities that are likely to be the most cost-effective ways of achieving the recommended restoration target states (the activity recommendations).(2) The activity recommendations must include at least one principal activity for each activity area.(3) The activity recommendations for principal activities must be based on:(a) the restoration target states that the project will aim to achieve in each activity area; and(b) the forecast values for indicators of ecosystem condition in each activity area that are likely to be achieved as a result of the implementation of the activities; and(c) evidence that the activity is likely to enhance or maintain the ecosystem condition of native vegetation in activity areas, with low risk of adverse impacts on biodiversity in native species.(4) The activity recommendations for principal and complementary activities must be informed by the assessments made:(a) for the purposes of section 51—of:(i) the historic drivers of change associated with biodiversity in native species in the project area; and(ii) the continuing ecological drivers that affect the project area; and(b) for the purposes of subsection 56(1)—of any existing or potential natural regeneration (whether or not facilitated).(5) If the activity recommendations include enhanced grazing control, the restoration assessment must include:(a) details of the grazing regime in the relevant area during the period of 5 years before the application date; and(b) a calculation of the average grazing pressure, in stock-equivalent days per year, over that period; and(c) supporting evidence.(6) If the activity recommendations include enhanced weed control, the restoration assessment must include:(a) details of how it targets the species and areas that are most likely to maximise the beneficial impacts of weed control on the capacity of the activity area to support native biodiversity; and(b) details of the extent to which it exceeded the weed control requirements under applicable Commonwealth, State or Territory law; and(c) supporting evidence.(7) If the activity recommendations include enhanced pest control, the restoration assessment must include:(a) details of how it targets the species and areas that are most likely to maximise the beneficial impacts of enhanced pest control on the capacity of the activity area to support native biodiversity; and(b) details of the extent to which it exceeded the pest control requirements under applicable Commonwealth, State or Territory law: and(c) supporting evidence.(8) If the activity recommendations include revegetation, the restoration assessment must include evidence that the relevant areas do not contain remnant vegetation.61 The forecast values of, and forecast changes in, the indicators for ecosystem conditionNote: See section 12 of the BAI.(1) The suitably qualified person must make an assessment of the value that each relevant indicator for ecosystem condition for an activity area will reach and maintain within the 25 year project outcome period if the recommended activities are carried out (the forecast value of each indicator).(2) The suitably qualified person must determine the forecast value in each indicator such that it is:(a) at least as close to reference as the lower bound of indicators for ecosystem condition states specified in Schedule 5; and(b) the forecast change in each relevant indicator is consistent with the transition type for the activity area.(3) The suitably qualified person must determine the forecast change in each indicator as:(a) for an activity area with a static counterfactual scenario—the difference between the forecast value of each relevant indicator and the corresponding starting value of the indicator; and(b) for an activity area with an increasing counterfactual scenario (that is, a recovering area)— the difference between the forecast value of each relevant indicator and the corresponding counterfactual value of the indicator, assessed on the basis that the defining layer will transition from a highly modified to a modified state.Note: If the target state for a recovering area has a modified defining layer, the result will be that forecasts for indicators for the defining layer must be the same for the project and counterfactual scenarios, so that there would be no forecast change in the value of those indicators.If the target state for a recovering area has a close to reference defining layer, the forecasts for indicators for the defining layer under the increasing counterfactual scenario will be the middle of the range encompassed by the modified state for the defining layer for each specific indicator. For example, the range for canopy height in a modified state for the defining layer is from 25 to 75% of reference, therefore, the forecast value for canopy height in the counterfactual must be 50% of reference canopy height.(4) The suitably qualified person must provide evidence that the project is likely to result in the forecast value of each indicator for ecosystem condition for each activity area, and of the forecast change in each of the indicators.Note: Such justification and evidence might include:(a) any justification or evidence relied upon in the design of the project;(b) documents such as state and transition models, botanical field guides, management standards, healthy country plans, regional plans for natural resource management, scientific literature, guidance materials, aerial photography, or historic surveys and plans;(c) weed risk analysis to identify the most effective treatment approach for each weed species given the relative infestation size and potential impact;(d) evidence about where, when, why and how use of fire aligns with project activities and is likely to contribute to achieving the project outcome;(d) selection of plant species and seed provenances consistent with best practice guidelines and how these are likely to contribute to achieving the project outcome, build resilience and adaptive capacity;(f) mapping of wetlands and floodplains and evidence that sensitive management or restoration of hydrological regimes could enhance, restore or facilitate natural recovery of native vegetation.62 The activity recommendations for threatened species(1) For each relevant threatened species, the suitably qualified person must make recommendations as to principal or complementary activities for the relevant activity areas that are likely to be the most cost-effective ways to achieve the forecast values of each of the indicators or sub-indicators for the relevant threatened species, in accordance with Schedule 9.Note: Threatened species activities will, like all project activities, be planned and scheduled by activity area, but the indicators are assessed by reference to the effect of the activities collectively across the project in relation to each relevant threatened species.(2) These are the TS activities for the relevant threatened species, and the activity areas are the TS activity areas for the relevant threatened species.(3) The recommended activities may also be, or overlap with, recommended activities in relation to other relevant threatened species, or in relation to ecosystem condition or culturally significant entities.Examples: Enhanced pest control that is undertaken to improve ecosystem condition may also manage a threat to a relevant threatened species. Other project activities that improve ecosystem condition may also help relevant threatened species, but not necessarily all relevant threatened species, and not necessarily in all activity areas.(4) For the determination of the values of the indicators, as provided in Schedule 9, the recommendations must:(a) state which indicators or sub-indicators the recommended TS activities address, and(b) for each sub-indicator used, provide the justification for each using the sub-indicator, and for the benchmark values chosen; and(c) explain how the activities will result in the forecast values of the indicators and sub-indicators, as required under section 11 of Schedule 9.(5) The suitably qualified person must document all the TS activities recommended, and justify them as being:(a) consistent with the best available species and site data, including demonstrating an expected uplift in benefit having regard to the site and species context; and(b) selected and prioritised having regard to, and supported by, relevant statutory conservation planning documentation and scientific literature; and(c) designed to minimise, as far as practicable, the adverse impacts described in section 64.(6) For these purposes, the suitably qualified person must:(a) identify all the constraints and limitations on the species at the site, drawing on:(i) statutory conservation planning documentation and peer-reviewed literature; and(ii) threat listings; and(iii) site-specific pressures and threats identified in the on-ground survey (eg grazing intensity, fragmentation, weed load); and(b) evaluate the expected benefit of the proposed activities for each species, including:(i) the magnitude of the anticipated habitat or population improvement; and(ii) the likelihood of the species’ response to the activity, considering the certainty in relation to available evidence; and(iii) the timeframe over which the benefit is expected to be realised.(7) Where there is uncertainty in relation to the expected benefit, the suitably qualified person must apply conservative assumptions.63 Forecast values of, and forecast changes in, and threshold values of the indicators for threatened speciesThe suitably qualified person must make an assessment of:(a) the value that each relevant indicator for each relevant threatened species will reach and maintain within the 25 year project outcome period if the recommended activities are carried out (the forecast value of each indicator); and(b) the forecast change in the value of each indicator; and(c) the threshold value of each indicator;in accordance with Part 5 of Schedule 9.64 Avoiding adverse impacts on threatened species(1) This section applies to an ENVTS project.(2) All project activities must be designed to avoid potential adverse impacts on threatened species.(3) For this purpose, the suitably qualified person must do the following for each candidate threatened species, and for each recommended project activity:(a) identify the potential adverse impacts of the project action on the threatened species;(b) assess the likelihood and potential severity of the adverse impacts;(c) document efforts to avoid and minimise such impacts;(d) identify potential adverse impacts that are uncertain because, for example:(i) they are unpredictable; or(ii) they are not effectively avoided or mitigated; or(iii) mitigation measures are uncertain in their effect;(e) identify potential adverse impacts that can be expected during the project period, with an assessment of the likelihood and severity of the impacts.Note: If further information comes to light after registration, the project proponent may be required to update the report in the project plan (section 75).Division 4.2—The project planNote: See subsection 45(7) of the Act, and the definition of project plan in section 7 of the Act.See also section 7 of the Rules for required information.65 Requirements for project plan(1) Before applying for approval of registration, the project proponent must create a project plan for the ENV project, in accordance with this Division, that sets out:(a) the proposed project outcome; and(b) the program of actions in relation to each activity area of the ENV project that is to be implemented, being a program that is likely to:(i) achieve the project outcome; and(ii) result in a biodiversity certificate being issued in respect of the ENV project; and(c) the recommendations, justifications and evidence that support the choice of the project outcome and the program of actions.Note: This will cover all the activities recommended under sections 60 and 62.. (2) The project plan must be maintained and in force for the permanence period of the project.(3) The project plan, and any updates or amendments, must be prepared or certified by a suitably qualified person.(4) The data in the project plan, and its presentation, must be consistent with the Data Submission Guidelines.(5) The project plan must include a description of any covenants or other legal interests that apply to the project area.Note: Covenants or other legal interests that contribute to the value of the commitment to protection characteristic will also be recorded under paragraph 57(3)(t).(6) The project plan must include a description of how the project proponent will assess any changes in the commitment to protection characteristic.66 Project plan activities and timetable(1) The project plan must describe the program of principal and complementary activities to be carried out in each activity area, based on the recommendations made for sections 60 and 62.(2) The project plan must include a timetable that sets out the future steps and actions that the project proponent will take to implement the project activities.(3) The project proponent must update the project plan from time to time as necessary to ensure that the timetable covers the project activities for at least the next 5 years.67 Fire management plan(1) If a fire regime is to be adopted as a complementary activity, the project plan must incorporate a fire management plan in accordance with this section, developed and, where required, updated or amended, by a suitably qualified person.(2) The fire management plan must set out the following:(a) an explanation of how it is likely to contribute to achieving the project outcome in alignment with one or more principal project activities;(b) the evidence for that explanation;Note: Indigenous knowledge and practices could be evidence for this purpose.(c) the percentage of each activity area to be burned; and(d) the frequency, intensity and time of year during which burns will be conducted; and(e) any site preparation to be conducted in the activity area prior to burning; and(f) any complementary management actions to be conducted after burning; and(g) a description of the approvals and permits that have been obtained, or will be required for any proposed use of fire;(h) how impacts on fire-sensitive species and features of high conservation value will be managed;(i) how the fire management plan has been informed by the statutory conservation planning documentation in relation to any relevant threatened species.68 Information arising from the restoration assessment reportThe project plan must include the following information and any relevant supporting evidence:Threshold values(a) the threshold values for the indicators for the ecosystem condition of each activity area;Starting ecosystem condition state(b) for each activity area:(i) the starting values for each ecosystem condition indicator; and(ii) the starting ecosystem condition score; and(iii) the starting contribution to biodiversity persistence score.(c) for the ENV project as a whole;(i) the starting aggregate ecosystem condition score; and(ii) the starting aggregate contribution to biodiversity persistence score;Forecast ecosystem condition indicator values, scores and restoration target states(d) for each activity area:(i) the forecast ecosystem condition indicator values; and(ii) the forecast change in each indicator of ecosystem condition (taking into account the relevant counterfactual scenario); and(iii) the forecast ecosystem condition score; and(iv) the forecast contribution to biodiversity persistence score; and(v) the restoration target state;(e) for the ENV project as a whole;(i) the forecast aggregate ecosystem condition score; and(ii) the forecast change in the aggregate ecosystem condition score for the project, taking into account the counterfactual scenario for the project; and(iii) the forecast aggregate contribution to biodiversity persistence score;Evidence for target state and forecasts of indicators(f) evidence that each restoration target state is a permitted state determined in accordance Schedule 6; and(g) the details of how the forecast indicator values correspond to the nominated restoration target state and associated transition level; and(h) the details of how the forecast change in each indicator for ecosystem condition in each activity area has been calculated.69 Other information about each activity areaThe project plan must include the following information for each activity area:Restoration target states and project activities(a) its restoration target state, as recommended in accordance with section 60, and the justification for the recommendation;(b) details of the principal and complementary activities that will be undertaken in the activity area, and their place in the timetable, as recommended in accordance with sections 60 and 62, and the justification for the recommendation, together with the following:(i) the methods or techniques that will be used to carry out the principal and complementary activities;(ii) which of the activities are TS activities, and the activity areas and relevant threatened species to which they relate:(iii) for environmental plantings or infill plantings—the species that will be planted and the number of plants that will be planted;(iv) for areas in which facilitated regeneration is proposed:(A) the location, approximate density and species that are naturally regenerating; or(B) evidence that the areas have the potential to regenerate native plant species using the proposed techniques;(v) for enhanced grazing control—details of the grazing regime, how livestock grazing pressure will be reduced by at least 50% relative to average pressure prior to registration and how livestock grazing will be controlled;(vi) for enhanced weed control—the species targeted, the location, timing, intensity and methods used for weed management activities, the type and quantity of chemicals to be used (if any), any interaction with other programs or biosecurity obligations, and how weed control target the species and areas that are most likely to maximise the beneficial impacts of weed control on the capacity of the activity area to support native biodiversity;(vii) for enhanced pest control—the species targeted, the location, timing, intensity, methods used for pest management activities, any interaction with other programs or biosecurity obligations, and how pest control targets the species and areas that are most likely to maximise the beneficial impacts of pest control on the capacity of the activity area to support native biodiversity;(viii) how, based on evidence, the proponent intends to achieve the forecast change in each indicator of ecosystem condition, and any other project outcomes, by conducting activities that could reasonably be expected to result in that outcome, within the 25 year project outcome period;(c) if seed collection is planned—a description of how the seed is proposed to be harvested and whether this harvesting would be consistent with any relevant best practice guidelines;Other matters(d) a description of:(i) any risks identified by the SSA under paragraph 56(1)(a); and(ii) any significant hydrological features identified by the SSA under paragraph 56(1)(c); and(iii) any natural regeneration occurring within the activity area; and(iv) any culturally sensitive areas in the activity area; and(v) the ecological drivers that:(A) could threaten the capacity of the project to achieve the restoration target states for each activity area; and(B) are necessary enablers of the restoration target states for each activity area.70 Indigenous engagement(1) The project plan must include a description of any engagement with Aboriginal persons and Torres Strait Islanders that is planned to occur, or has occurred since the application date.(2) If the ENV project will include, or be informed by, Indigenous knowledge or values, or Indigenous data, in relation to the project’s design or implementation, the project plan must also include:(a) a description of how the project design and implementation includes or is informed by Indigenous knowledge or values, or Indigenous data; and(b) information, including supporting evidence, that demonstrates that the project proponent has, and will continue to:(i) obtain the appropriate attribution for, and consent for the use of, that knowledge or those values or data; and(ii) use culturally appropriate approaches for the collection, interpretation, use, recording and governance of that knowledge or those values or data.Note: A record of indigenous engagement prior to the application is covered in the site report.The project proponent must update the project plan as necessary to record a description of any further engagement with Aboriginal persons and Torres Strait Islanders. See also the notification obligations in section 80.71 Threatened species in a non-ENVTS projectThe project plan for an ENV project that is not an ENVTS project must include:(a) the disapplication statement, and whether it is made under subsection 52(2) or 53(5); and(b) a description of any Type A or Type B threatened species identified in accordance with section 52; and(c) a description of any measures that are proposed to be taken for the purposes of conserving, or promoting the recovery of, such threatened species.72 Threatened species in an ENVTS projectRelevant threatened species(1) The project plan for an ENVTS project must list the relevant threatened species for the project and, for each relevant threatened species:(a) identify and describe the threatened species; and(b) describe the project activities that will be used to benefit the relevant threatened species, with the justification and evidence supporting those activities, in accordance with section 62 and Schedule 9; and(c) specify the indicators and any sub-indicators that apply; and(d) for each indicator, provide:(i) the starting values; and(ii) the forecast values; and(iii) a statement, supported by evidence, that the project activities are highly likely to result in the indicators reaching the forecast value; and(iv) if a non-static counterfactual is used for any TS ecosystem condition indicators—the values of those indicators in the counterfactual scenarios; and(v) the threshold values; and(vi) if a threshold value other than the default is determined for a habitat features indicator, in accordance with Part 4 of Schedule 9, a statement to that effect and justification for that determination, supported by evidence; and(e) provide an explanation of how the forecast values of the indicators collectively represents a demonstrable improvement for the species with reference to applicable statutory conservation planning documentation, scientific literature, technical evidence and established best-practice guidance, in accordance with section 10 of Schedule 9; and(f) if the relevant threatened species is a Type B threatened species, provide an explanation of how the species is likely, with a high degree of confidence, to inhabit, be present in or use the project area during the permanence period with reference to applicable statutory conservation planning documentation, scientific literature, technical evidence and established best-practice guidance; and(g) describe the relevant threats to the threatened species, identifying any priority threats, using applicable statutory conservation planning documentation, scientific literature, technical evidence and established best-practice guidance; and(h) list the managed threats, and for each of them give details of the proposed threat management program developed in accordance with section 3 of Schedule 9, including the following:(i) the metrics that will be used to monitor the pervasiveness of the threat, and how they will be applied (eg, using on-ground surveys);(ii) the goal to be achieved, as measured by the metric;(iii) the project activities to be undertaken;(iv) the timeframe in which the goal is expected to be reached;(v) any changes to be made to management activities after the goal is reached (eg monitoring and maintenance of the goal);(vi) the evidence and justification for the threat management program; and(i) note whether it is a presence tick species.(2) If habitat enhancement activities are part of the project plan, it must also specify the following:(a) the species to be targeted by the activities;(b) the type of habitat features;(c) their quantity and location;(d) the source for materials used in their construction;(e) the timing of the activities;(f) steps taken to avoid material adverse impacts.Threatened species other than relevant threatened species(3) The project plan for an ENVTS project must also include a description of:(a) any Type A or Type B threatened species identified in accordance with section 52 that are not relevant threatened species; and(b) how they might benefit from project activities; and(c) any other measures that are proposed to be taken for the purposes of conserving, or promoting the recovery of, such threatened species or ecological communities.Presence tick information(4) The project plan must also declare each presence tick species, and include the following information about each:(a) whether it was identified under section 52 as present in the project area, or as likely to occur in the project area; and(b) whether it was identified under section 52 as a Type A or a Type B threatened species, or as neither; and(c) its species listing status; and(d) the details of, and justification, for the metric or metrics determined under subsection 53(7).73 Nomination of culturally significant entities(1) The project plan may nominate an entity within the project area as a culturally significant entity for the project (the entity).(2) The project proponent must comply with section 47 before nominating the entity in the project plan.(3) A nomination may be made before or after registration.Note: If it is made after registration, the project plan will be amended to include the nomination and other details. See section 113 of the Act for notification requirements.(4) The project plan must also:(a) identify and describe the entity in accordance with subsection 47(3); and(b) specify the indicators, their threshold values and their forecast values and the applicable counterfactual scenarios as established in accordance with subsection 47(3); and(c) set out, as established in accordance with subsection 47(3):(i) the starting value of each of the indicators; and(ii) the project activities that will be used to contribute to protection or enhancement of the entity; and(d) include the documentation mentioned in subsection 47(4).(5) The requirements of subsection (4) are subject to any agreement about provision of information relating to the entity that was made with the relevant persons for the purposes of subparagraph 47(4)(a)(vi).74 Climate change considerationsNote: See section 7 of the BAI.The project plan must set out:(a) how the project proponent plans to reduce the risk of the project outcome not being achieved as a result of the reasonably expected effects of climate change, particularly in relation to those areas identified by the SSA under paragraph 56(1)(b); and(b) the evidence on which the plans rely.75 Preparing for and responding to adverse events and ecological drivers.The project plan must include the following information about preparing for and responding to adverse events and ecological drivers:(a) any changes to principal and complementary activities that may be required in response to underperforming indicators of any of the biodiversity characteristics or emerging ecological drivers that could threaten the capacity of the project to achieve the restoration target states;(b) any adaptive management performance triggers or decision points where consideration of new approaches may be required to respond to emerging risks;(c) if an adverse event occurs prior to a biodiversity certificate being issued for the ENV project and the event could lessen the likelihood of the project outcome being met, details of any management activities that are proposed to respond to the adverse event;(d) if, following a biodiversity certificate being issued for the ENV project, a significant reversal of the project outcome occurs—details of any management activities that are proposed to respond to the significant reversal.76 Offsets informationIf the project proponent wishes to apply to be registered as an offset-capable project in relation to one or more protected matters, the project plan must include:(a) a statement of that fact; and(b) the information required to be in the application by the Rules; and(c) the evidence mentioned in paragraph 20(2)(b).77 Updating a project plan(1) If any information required by this Division to be set out in the project plan becomes, or is found to be, out of date or incorrect, the project plan must be updated as soon as practicable so that it remains up-to-date and correct.Note 1: See section 113 of the Act for notification requirements. This section imposes a civil penalty for a breach.Note 2: The project plan will also need to be updated if a culturally significant entity is nominated after the project is registered in accordance with section 73.Note 3: If the project is being used, or is proposed to be used, for offsets, the project proponent should check with the relevant offsets decision maker before updating the project plan to ensure the project will remain compliant with their requirements.(2) If a biodiversity certificate has not been issued for the project, the project plan must be updated in the following circumstances:(a) changes are made to principal and complementary activities;(b) changes are made to restoration target states or forecast values of indicators;(c) any re-stratification occurs;(d) there is a withdrawal or modification of a consent to use Indigenous knowledge or values;(e) there is an adverse event that:(i) results in a more than a 50% change in ecosystem condition indicators of an activity area away from the relevant forecast value; or(ii) is likely to materially affect the capacity of an activity area to achieve the restoration target state within the period of 25 years mentioned in section 10;(f) the Regulator directs the proponent, in writing, to amend the project plan, based on evidence that an activity area is unlikely to achieve the restoration target state within the 25 year project outcome period.(3) If a biodiversity certificate has been issued for the project, the project plan must be updated in the following circumstances:(a) changes are made to principal and complementary activities;(b) there is a withdrawal or modification of a consent to use Indigenous knowledge or values;(c) there is a significant reversal of the project outcome;(d) a suitably qualified person engaged to monitor the project finds that, in the absence of management changes, an activity area is likely to experience a significant reversal event;(e) the Regulator directs the proponent, in writing, to amend the project plan, based on evidence that an activity area has experienced a significant reversal event or, in the absence of management changes, is likely to experience a significant reversal event;(f) for a project with a permanence period of 100 years or more—the plan has not been updated for 25 years.Part 5—Registration78 Information and documents required for registration applicationNote: See sections 12 and 13 of the Act. This section is made for paragraphs 12(2)(g) and (3)(f) of the Act.The registration application for an ENV project must include, or be accompanied by, the following:(a) the site assessment report;(b) the project plan;(c) for each activity area:(i) evidence that the activity area consists of eligible land; and(ii) any additional information that is relevant to determining whether or not it is a recovering area for the purposes of assigning it a counterfactual scenario.Note: See section 9. The counterfactual scenario for the activity area will be assigned by PLANR on the basis of this information.79 Information to be included in the RegisterNote: See paragraph 45(1)(c) of the Act and also information required to be included by the Rules, and the notification requirements under both the Act and the Rules.For paragraph 162(1)(k) of the Act, the additional information to be set out on the Register for an ENV project is the following:(a) a description of the stratification of the project area into activity areas and any sub-areas, and a map and geospatial data of the project area that:(i) shows the activity areas and any sub-areas that are within the project area; and(ii) is consistent with the Mapping Guidelines;Framework of ENV project(b) that, as provided in section 10, the project outcome is intended to be achieved within the 25 year project outcome period;(c) the counterfactual scenarios for the ENV project set out in section 9, with the indicators and circumstances to which they apply;(d) any variable biodiversity project characteristics mentioned in subsection 11(2) of the BAI that are not applicable to the ENV project:Note: The project characteristics mentioned in that subsection that are not, or may not be, applicable are the following:(a) the removal or reduction of the impact of threats to biodiversity in native species in the project area;(b) the capability of the project area to support threatened species (which applies only to ENVTS projects).(e) the site assessment report;(f) the descriptions of the reference ecosystems for each activity area in accordance with subsection 50(4);Commitment to protection information(g) any security arrangements (including the ENV project itself);(h) the starting, threshold, forecast and benchmark values of:(i) the security indicator; and(ii) the duration indicator; and(iii) the commitment to protection score;Ecosystem condition of each activity area(i) for each activity area;(i) the starting ecosystem condition state; and(ii) the restoration target state; and(iii) the starting values for each indicator for ecosystem condition; and(iv) the threshold value for each indicator for ecosystem condition; and(v) the forecast value for each indicator for ecosystem condition; and(vi) if the threshold value for an indicator for ecosystem condition has been met:(A) a statement to that effect; and(B) evidence supporting that statement; and(vii) information on progress towards the forecast value for each of the indicators for ecosystem condition;Ecosystem condition scores(j) the starting ecosystem condition score for each activity area;(k) the starting contribution to biodiversity persistence score for each activity area;(l) the starting aggregate ecosystem condition score for the project;(m) the starting aggregate contribution to biodiversity persistence score for the project;(n) the forecast ecosystem condition score for each activity area;(o) the forecast contribution to biodiversity persistence score for each activity area;(p) the forecast aggregate ecosystem condition score for the project;(q) the forecast aggregate contribution to biodiversity persistence score for the project;(r) the forecast change in the ecosystem condition score for each activity area;(s) the forecast change in the contribution to biodiversity persistence score for each activity area;(t) the forecast change in the aggregate ecosystem condition score for the project;(u) the forecast change in the aggregate contribution to biodiversity persistence score for the project:Culturally significant entities, forecast values and threshold values(v) if the project plan has not nominated a culturally significant entity—a statement that culturally significant entities are not applicable to the ENV project;(w) if the project plan has nominated a culturally significant entity as relevant to the project, for each culturally significant entity:(i) to the extent that the relevant persons for the culturally significant entity have consented to the inclusion on the Register of the following information:(A) the nominated culturally significant entity;(B) the identified indicators for the culturally significant entity;(C) the starting values for each indicator for the culturally significant entity;(D) the forecast value for each indicator;(E) the threshold value for each indicator;(F) information on progress of the project toward the forecast value for each indicator provided in the most recent biodiversity project report submitted to the Regulator, and the end date of the relevant reporting period; and(ii) if the relevant persons for the culturally significant entity have not consented to the inclusion of information mentioned in subparagraph (i), as appropriate:(A) a statement that there are one or more culturally significant entities that are relevant for the project; and(B) a statement that there is a threshold value and a forecast value for each indicator for the culturally significant entity; and(iii) whether the progress of the project towards the forecast value for each indicator for the culturally significant entity has been verified by the relevant persons for the culturally significant entity;(x) if the threshold value for an indicator for a culturally significant entity has been met:(i) a statement to that effect; and(ii) evidence that the relevant persons for the culturally significant entity have verified that the threshold value has been met; and(iii) if the relevant persons for the culturally significant entity have consented to including such information—evidence supporting the statement that the threshold value has been met;Threatened species information—non-ENVTS projects(y) for a non-ENVTS project, the following:(i) that the project proponent has made a disapplication statement, that the threatened species characteristic is not relevant to the project;(ii) a list of the candidate threatened species;Threatened species information—ENVTS projects(z) for an ENVTS project:(i) for the project as a whole, the following:(A) a list of the candidate threatened species:(B) a list of the relevant threatened species:(C) the starting project TS score for the project;(D) the forecast project TS score for the project; and(ii) for each relevant threatened species, the following:(A) its listing status;(B) the indicators for the threatened species;(C) the starting values of the indicators;(D) the forecast values of the indicators:(E) the threshold values of the indicators;(F) information on the progress towards the forecast value in each of the indicators for at the time of the most recent biodiversity report for the project;(G) whether or not it is subject to the presence tick;(H) the starting individual TS species score;(I) the forecast individual TS species score;Presence tick(aa) a list of presence tick species, and for each such species, the following:(i) a description of what the presence tick signifies, as mentioned in section 17;(ii) a description of its metric or metrics;(iii) the starting value of its metric or metrics;(iv) the current value of its metric or metrics as provided in the most recent biodiversity report;(v) if the current value of at least one metric exceeds the threshold that signifies functional presence—an indication that the presence tick applies for the most recent biodiversity reporting period;(vi) if available, the value of the metric or metrics for the previous four biodiversity project reports and a presence tick in the event that the value of at least one metric exceeded the threshold that signifies functional presence.Part 6—Operation of the project80 Notification obligations of project proponentNote 1: It is an offence not to comply with this requirement—see section 108 of the Act.Note 2: See also the other notification requirements in Division 3 of Part 9 of the Act.(1) The project proponent for a registered ENV project must notify the Regulator if any of the following occur:(a) an activity is carried out in the project area (either by the project proponent, another person or as a result of a natural disturbance) that is a prohibited activity under section 36;(b) a relevant consent in relation to Indigenous knowledge or values or Indigenous data is modified or withdrawn.(2) If an ENV project has been issued a biodiversity certificate, the project proponent must:(a) notify the Regulator if the values of indicators for ecosystem condition fall, or are expected to fall, below the certificate issuance thresholds of the project; and(b) provide details of any corrective action that is undertaken, or is planned to be undertaken.(3) If an ENV project has been issued a biodiversity certificate and is being used for an environmental offsetting purpose, the project proponent must notify the Regulator if the indicators or sub-indicators relevant to the environmental offsetting purpose fall, or are expected to fall, below the certificate issuance thresholds.(4) The project proponent for an ENV project must notify the Regulator if the project plan is updated to nominate a culturally significant entity after the project is registered.Note: This is in addition to the notification requirements under section 113 of the Act.81 Monitoring requirements—ecosystem conditionNote: See subsections 12 and 18 of the BAI.(1) A suitably qualified person must make an assessment of the project area of an ENV project in accordance with this section (a monitoring assessment) for each reporting period for the applicable biodiversity project report (whether for category A biodiversity project reports or category B biodiversity project reports).(2) The assessment must monitor and assess each of the indicators for ecosystem condition for each activity area.(3) If a biodiversity certificate has not been issued for the project, the assessment must monitor the progress of each indicator towards the forecast value and the threshold value.(4) If a biodiversity certificate has been issued for the project, the assessment must monitor whether each indicator is being maintained at or above the threshold value.Note: See also notification requirements under subsection 80(2).(5) The assessment must include a field survey that:(a) is undertaken during, or as close as practicable to, the optimal growth period for the project; and(b) is undertaken by the suitably qualified person.(6) The assessment must include a photo survey of each activity area (which need not be done personally by the suitably qualified person) at the following times:(a) if a biodiversity certificate has not been issued for the project—every 12 months following registration of the project; and(b) if a biodiversity certificate has been issued for the project—every 2 years following the issue of the certificate.(7) To make the assessment, the suitably qualified person must do the following for each activity area:(a) determine the value of each indicator for the ecosystem condition of the activity area at the time of the monitoring, in accordance with Schedule 4;(b) identify and record any potential risks to the project at the time of the monitoring, in the same way as for paragraph 56(1)(a);(c) identify and record any threatened species or ecological communities that occur, or are likely to occur, within the activity area and in the surrounding landscape at the time of the monitoring, in the same way as for section 53;(d) assess any area that has been subject to infill planting or environmental planting and record any significant absences or mortality of plantings at the time of the monitoring.(8) For paragraph (7)(d), a significant absence or mortality of plantings occurs if:(a) a biodiversity certificate has not been issued for the project; and(b) there are insufficient live plants of relevant species to ensure the activity area will achieve the threshold values prior to the 25th anniversary of the project’s registration.Note: See subsections 12 and 18 of the BAI.82 Monitoring requirements—culturally significant entitiesNote: See subsections 15 and 18 of the BAI.(1) The project proponent for an ENV project must monitor progress towards:(a) the forecast value; and(b) the threshold value;for each of the indicators for any culturally significant entity.(2) The monitoring must be done with the consent of, and in accordance with any requirements of, the relevant persons for the culturally significant entity.83 Monitoring requirements—threatened speciesNote: See sections 15 and 18 of the BAI.Relevant threatened species(1) A suitably qualified person must make an assessment of the project area of an ENV project in accordance with this section (a TS monitoring assessment) for each reporting period for the applicable biodiversity project report (whether for category A biodiversity project reports or category B biodiversity project reports).(2) The assessment must monitor and assess progress of each indicator and, where applicable, sub-indicator for each relevant threatened species towards:(a) the forecast value of the indicator; and(b) the threshold value of the indicator.(3) If a biodiversity certificate has not been issued for the project, the assessment must monitor the progress of each indicator towards the forecast value and the threshold value.(4) If a biodiversity certificate has been issued for the project, the assessment must monitor whether each indicator is being maintained at or above the threshold value.Note: See also notification requirements under subsection 80(2).(5) The assessment must include a TS survey that:(a) is undertaken during a period that is appropriate in relation to the relevant threatened species; and(b) is undertaken by the suitably qualified person.(6) To make the assessment, the suitably qualified person must, for each threatened species and each relevant activity area, determine the value of each indicator for the relevant threatened species at the time of the monitoring, in accordance with Schedule 9.Presence tick species(7) If the project proponent nominated a relevant threatened species as a presence tick species, a suitably qualified person must undertake a TS survey using the metric or metrics selected in accordance with subsection 53(7).84 Matters to be included in biodiversity project reportsNote: Division 2 of Part 9 of the Act requires the project proponent to provide the regulator with biodiversity project reports, in accordance with the Rules. These may be category A biodiversity reports (if the project proponent has applied for a biodiversity certificate), or category B biodiversity reports (if the project proponent has not applied for or been granted a biodiversity certificate), and different requirements apply to the selection of reporting periods. This section specifies particular information that is to be included in both kinds of report (see paragraph 45((3)(c) of the Act).Ecosystem condition—monitoring report(1) A biodiversity project report for an ENV project must include a report on the results of the monitoring assessment for the reporting period.(2) The report must be prepared by the suitably qualified person who undertook the monitoring assessment.(3) The report must include:(a) the name, qualifications and experience of the suitably qualified person who conducted the monitoring assessment and prepared the monitoring report; and(b) a map of the project area that includes a map of the activity areas and the location of each permanent sampling plot in each activity area.Ecosystem condition in each activity area(4) The report must include the following in relation to each activity area:(a) the reference ecosystems;(b) the starting ecosystem condition state;(c) the benchmark values for the reference ecosystems;(d) the starting values for each indicator for ecosystem condition in;(e) details of the permanent sampling plots, including:(i) the location of each sampling plot and the reference ecosystem that applies to it; and(ii) the location of the permanent markers for each sampling plot; and(iii) the location of the centre line for each sampling plot; and(iv) a description of how the plots were determined;(f) details of any natural regeneration that has occurred or is occurring during the reporting period;(g) the monitoring data obtained during the reporting period (in accordance with the processes set out above) from each permanent sampling plot, provided in data tables appended to the report;(h) an analysis, based on the monitoring data, of the progress of each indicator for ecosystem condition against the forecast value for that indicator;(i) an analysis, based on the monitoring data, of the progress of each indicator for ecosystem condition against the threshold value (for issuing a certificate);(j) certification that the sampling plots located are representative of at least 90% of the activity area, in terms of composition and condition, at the time of monitoring;(k) details of any significant absences or mortality in plantings;(l) details of the ecological drivers relevant to the area that:(i) could threaten the capacity of the project to achieve the restoration target states; and(ii) are necessary enablers of the restoration target states;(m) details of whether and how any ecological thinning has occurred;(n) details of the potential risks to the likelihood of achieving the project outcome identified during the reporting period;(o) details of the threatened species and ecological communities that were identified as occurring, or likely to occur, within the activity area and in the surrounding landscape during the reporting period;(p) details of any fires that have occurred during the reporting period, including:(i) the dates the fires started and ended; and(ii) the location of the fire; and(iii) the cause of the fire (if known); and(iv) the proportion of the activity area, and the project area overall, that was affected by the fire; and(v) the percentage of trees and shrubs killed by the fire;(q) the photographs taken during the reporting period in accordance with the photo survey requirements;(r) an assessment of observations from such photographs, including general progress of the project within the activity area and evidence of disturbance and plant mortality;(s) an assessment of the implementation of the project within the activity area during the reporting period, including in relation to:(i) environmental or infill plantings undertaken—covering the quantity of seedlings or seed planted, the species planted and method of planting, the timing and location of the plantings; and(ii) any remedial plantings undertaken—covering the quantity of seedlings or seed planted, the species planted, the timing and location of the plantings, and the extent of plant mortality (where relevant); and(iii) facilitated regeneration—the location, approximate density and species that are naturally regenerating; and(iv) enhanced grazing control—details of the grazing regime and how livestock grazing will be controlled; and(v) enhanced weed control—the methods used, the species targeted, the area treated, the timing of the weed management activities, the type and quantity of chemicals used (if any), the labour hours for each method used and any changing weed threats; and(vi) enhanced pest control—the methods used, the species targeted, the timing of the activities, the number of labour hours for each method used, the number of baits deployed, the area treated, warrens ripped or destroyed, trapping effort, and the number and species of the animals killed, and any changing pest threats; and(vii) any complementary activities undertaken—covering methods used, timing, intensity and location; and(viii) where fire was used as a complementary activity:(A) details of the fire regime applied, including the percentage of activity areas that were burned, the frequency, intensity, and time of year at which burns were conducted; and(B) details on site preparation for use of fire and management actions to complement use of fire; and(C) how risks to life, property, fire-sensitive species and features of high conservation value were managed; and(D) how the planning and implementation of fire management undertaken as a project activity during the reporting period was informed by the statutory conservation planning documentation in relation to any candidate threatened species or relevant threatened species.Ecosystem condition—the project as a whole(5) The report must include the following in relation to the project area as a whole:(a) an assessment of the implementation of the project during the reporting period, based on:(i) the assessments of observations made for paragraph (4)(r); and(ii) the assessments of each activity area made for paragraph (4)(s);(b) details of whether, and how, seed collection has been conducted in accordance with relevant best practice guidelines.Ecosystem condition—Achievement of threshold values(6) If the project proponent is satisfied that the threshold value for an indicator for ecosystem condition of the project has been met, each biodiversity project report for the project must include:(a) a statement to that effect; and(b) evidence supporting that statement.Indigenous engagement(7) The report must include:(a) details of any engagement with Aboriginal persons or Torres Strait Islanders during the reporting period in relation to the implementation of the project, including any changes made to the implementation of the project as a result of such engagement; and(b) details of how any Indigenous data used during the reporting period in relation to the implementation of the project was collected, used and stored in a culturally appropriate way, including in accordance with any consent obtained for the collection, use or storage of the data.Culturally significant entities(8) A biodiversity project report for an ENV project that has 1 or more culturally significant entities must include:(a) if the relevant persons for the project area have consented to the inclusion of such information in the biodiversity project report—information on progress of the project toward the threshold value and forecast value for each indicator for each culturally significant entity during the reporting period for the report; or(b) otherwise—a statement as to whether or not the relevant persons have verified the progress of the project towards the threshold value and forecast value for each indicator for the each culturally significant entity during the reporting period for the report.(9) If the project proponent is satisfied that the threshold value for a culturally significant entity that is relevant to the project has been met, each biodiversity project report for the project must include:(a) a statement to that effect; and(b) evidence that the relevant persons have verified that the threshold value has been met; and(c) if the relevant persons have consented to including such information—evidence supporting the statement that the threshold value has been met.Relevant threatened species(10) A biodiversity project report for an ENVTS project must include a report on the results of the TS monitoring assessment for the reporting period.(11) The report must be prepared by the suitably qualified person who undertook the monitoring assessment.(12) The report must include:(a) the name, qualifications and experience of the suitably qualified person who conducted the monitoring assessment and prepared the monitoring report; and(b) a map of the project area that includes a map of the activity areas shows:(i) the location of each permanent sampling plot in each activity area; and(ii) the location of any TS surveys undertaken during the monitoring period.(13) For each relevant threatened species, the report must include:(a) information on the progress towards the forecast value for each indicator for the threatened species at the time that the biodiversity project report is prepared, and on any material departure from the expected trajectory; and(b) an assessment of the effectiveness of the threat management program that relates to the relevant threatened species in managing threats to that species, and an evaluation of the reasons for any underperformance.(14) If any actions were taken as part of 1 or more habitat enhancement activities, the report must include a description of the actions, including the following information:(a) the species to be targeted by the activities;(b) the type of habitat features;(c) their quantity and location;(d) the source for materials used in their construction;(e) the timing of the activities;(f) steps taken to avoid material adverse impacts;(g) any failure, damage or destruction of habitat features;(h) any detected habitat usage of the habitat features by the targeted species.(15) For each relevant threatened species, the report must include information on the progress towards the forecast value for each indicator for the threatened species at the time that the biodiversity project report is prepared.(16) If the project proponent is satisfied that the threshold value for an indicator for the threatened species characteristic has been met, each biodiversity project report for the project must include:(a) a statement to that effect; and(b) evidence supporting that statement.Commitment to protection(17) A biodiversity project report must include a report on any changes to the security arrangements of the project, and in particular:(a) information on progress towards forecast value of each indicator for commitment to protection; and(b) if the threshold value has been met, a statement to that effect.Note: For an ENV project in which the project itself is the only expected security arrangement, both the forecast value and the threshold value will be reached on registration.(18) A biodiversity project report must include an assessment of any other matters that materially affect the likelihood of changes to the security arrangements.Note: For example: changes in covenants or other interests in the land, even if they do not in themselves constitute a security arrangement, may still affect the prospects for creating one.Presence tick information(19) For each presence tick species, a biodiversity report for an ENV project may include the value of its metric or metrics in the project area, determined as part of the monitoring of the species done in accordance subsection 83(7).Note: Its metric is determined under subsection 53(7).Presentation of data(20) The data in a biodiversity project report, and its presentation, must be consistent with the Data Submission Guidelines.85 Varying activity areas and re-stratifying the project area(1) For the purposes of paragraph 20(2)(ea) of the Rules, the matters in this section are specified in relation to an application to vary the registration of an ENV project by doing any of the following (re-stratifying the project):(a) varying the boundaries of the project area;(b) adding, removing or merging activity areas, or otherwise varying the boundaries of activity areas;(c) varying the restoration target states or transition types of activity areas.(2) The application may not be made after submitting an application for a biodiversity certificateNote: In effect, the activity areas are provisional until the application for the certificate is made.The project proponent may wish to re-stratify because, for example:(a) an activity area has not responded to restoration treatment, but appears likely to respond to a different one;(b) an activity area, or part of an activity, has failed and appears unlikely to respond to different approach;(c) the proposed activities may not be able to be implemented because expected resources, such as seeds or project funding, are no longer available.(3) The re-stratification must satisfy Division 2.4.(4) The re-stratification must not create or extend an activity area outside the original project area more than 5 years after registration.Note: This is the date when the first Category B biodiversity report is due.Updating of SSA, the project plan and other reports and documents(5) Where the changes in the stratification affect any element of the following assessments and documents:(a) the SSA (including the field survey);(b) the assessment of appropriate restoration target states and suitable project activities;(c) the choice of restoration target states and project activities;(d) the site assessment report;(e) the project plan;the project proponent must ensure that:(f) the assessment or document is varied by re-doing, re-assessing or re-writing that element; and(g) where any element required the involvement of a suitably qualified person, the variation is also done with the involvement of a suitably qualified person; and(h) the assessment or document as varied satisfies sections 43 to 77.Limitations on variations(6) The re-stratification must not have the effect that any re-doing, re-assessing or re-writing of an element for subsection (5) would require or result in any of the following:(a) a change to a forecast ecosystem condition score based on ecosystem condition data other than that collected in the original SSA;(b) a change to the permanence period;(c) new permanent sampling plots.(7) If the ENV project is registered as offset-capable, and is being used, or is under consideration for use, as an offset, the re-stratification must not be made unless the project proponent has obtained approval from the relevant offset decision-maker for the changes and fulfilled any additional requirements of the offsets decision-maker.86 Record-keeping requirementsNote: Part 17 of the Act requires records to be kept in accordance with the Rules. This section specifies particular additional record-keeping requirements for an ENV project (see paragraph 45(3)(e) of the Act).(1) The project proponent must keep records that include the following:(a) evidence that the project area and the activity areas meet the conditions and requirements for registration under this instrument;(b) records that demonstrate that the monitoring activities have been undertaken in accordance with the monitoring requirements in this Part;(c) records relating to the installation of fences or other devices to exclude livestock, and any related maintenance work;(d) records relating to the installation of any other infrastructure for the purposes of the project;(e) evidence that the principal activities and complementary activities have been implemented in accordance with the project plan, including (as applicable):(i) records of historic livestock grazing, records showing how livestock grazing pressure has been reduced by at least 50% relative to average pressure prior to registration, and how livestock grazing is being controlled;(ii) records relating to any weed management activities undertaken in 1 or more activity areas, including the methods used, the species targeted, the timing of the activities, the type and quantity of chemicals used (if any) and the number of labour hours involved for each method used;(iii) records relating to any pest management activities undertaken in one or more activity areas, including the methods used, the species targeted, the timing of the activities, the number of labour hours involved for each method used and, where animals are shot or trapped, the number and species of the animals killed;(iv) records relating to the environmental plantings (other than remedial plantings) undertaken for the purposes of the project, including the species planted, the quantity of the seedlings or seeds planted, the timing and location of the plantings and, where applicable, the extent of plant mortality;(v) records relating to any remedial plantings undertaken for the purposes of the project, including the species planted, the quantity of the seedlings or seeds plants, the timing and location of the plantings and, where applicable, the extent of plant mortality;(vi) records relating to any habitat enhancement activities undertaken in one or more activity areas, including details on the:(A) type; and(B) quantity; and(C) location of the features installed; and(D) source for materials used in construction of the features; and(E) timing of the activities; and(F) extent of failures and replacement (where applicable);(vii) information regarding any fires occurring in an activity area, including the date the fire occurred, the location of the fire, the proportion of the activity area affected by the fire, the proportion of the project area affected by the fire and the percentage of trees and shrubs killed by the fire;(viii) records relating to ecological thinning including the area treated, the dates when it was done, any biomass removed, and the proportion of crown cover from native trees and shrubs reduced, both in absolute terms and as a percentage of expected crown cover from native trees and shrubs in the reference ecosystem in the defining layer;(f) any photographs taken in accordance with monitoring requirements under this instrument;(g) a description of any management actions undertaken in an activity area, or disturbance events that affected an activity area, including (if relevant) any actions undertaken to ensure there was no significant reversal of the project outcome;(h) records relating to the matters in sections 46, 47 and 48 (Indigenous engagement), consistent with any requirements of the persons with whom engagement took place.(2) The project proponent must maintain any records to be kept under the Act for a period of 7 years after the record is made.Part 7—Biodiversity certificates87 Application for biodiversity certificateNote: See paragraphs 45(1)(d) and (i), and 67(2)(b) and (c) of the Act.(1) For paragraph 67(2)(b) of the Act, this section sets conditions for the project proponent of an ENV project to apply for the issue of a biodiversity certificate in respect of the ENV project.(2) The project proponent may not apply for a biodiversity certificate less than 5 years after registration.Meeting threshold values—ecosystem condition(3) The project proponent must be satisfied that, for each activity area, each indicator for ecosystem condition:(a) reached the threshold value in the second most recent reporting period; and(b) maintained the threshold value during the most recent reporting period.(4) The threshold values of the indicators for ecosystem condition are as set out in Schedule 7.(5) The application must include a statement to this effect, and supporting evidence in the form of a monitoring report that demonstrates that:(a) where the activity area is less than 10 hectares in size—each threshold value for an indicator has been reached in 100% of the permanent sampling plots in the activity area; and(b) where the activity area is 10 hectares or more in size – each threshold value for an indicator has been reached in 75% of the permanent sampling plots in the activity area.Additional culturally significant entities(6) If the project plan has been updated to nominate a culturally significant entity since the registration of the project, the application must be accompanied by the updated project plan, which must demonstrate that sections 47 and 73 have been complied with.Meeting threshold values—culturally significant entities(7) The project proponent must be satisfied that, for any culturally significant entity for the ENV project, each indicator for that culturally significant entity has reached the threshold value.(8) The threshold values of the indicators for a culturally significant entity are as set out in the project plan in accordance with subsection 73(4).(9) The application must include a statement to this effect, and supporting evidence that the relevant persons have verified that the threshold value has been met for each indicator.Indigenous knowledge or values or Indigenous data(10) If the ENV project includes, or is informed by, Indigenous knowledge or values or Indigenous data, the application must include evidence that the project proponent has implemented the project consistently with the relevant consents.Meeting threshold values—capability of project area to support threatened species(11) For an ENVTS project, the project proponent must be satisfied that, for each relevant threatened species, each of the indicators for the threatened species characteristic in relation to the relevant threatened species:(a) reached the threshold value in the second most recent reporting period; and(b) maintained the threshold value during the most recent reporting period.Note: For subsection (11), the relevant indicators for a relevant threatened species are:(a) the TS ecosystem condition indicator for each TS activity area;(b) if applicable—the threat management indicator; and(c) if applicable—the habitat features indicator.(12) The threshold values of the indicators for the threatened species characteristic are as set out in Schedule 9.(13) The application must include a statement to this effect, and supporting evidence in the form of a monitoring report that demonstrates that:(a) the value for the TS ecosystem condition indicator in each TS activity area for a threatened species has satisfied the threshold condition for the ecosystem condition indicator for the activity area set out in subsection (5); and(b) the indicator values for the threat management indicator (if applicable) and the habitat features indicator (if applicable) for the threatened species characteristic in relation to each relevant threatened species have reached the threshold values.Meeting threshold values—commitment to protection(14) The project proponent must be satisfied that the indicators for the commitment to protection characteristic have been reached.Note: This will automatically be the case for an ENV project, as the existence of the project itself meets the threshold values.Assessment of changes in variable biodiversity project characteristics(15) The project proponent for the project must demonstrate that where a non-static counterfactual scenario applies in relation to an indicator for a variable biodiversity characteristic for the project under section 9, any change or forecast change in the indicator has been assessed against that counterfactual scenario.88 Issue of biodiversity certificateNote: See paragraph 70(2)(h) of the Act and subsection 6(5) and section 18 of the BAI.(1) For paragraph 70(2)(h) of the Act, this section sets matters in respect of which the Regulator must be satisfied before issuing a biodiversity certificate in respect of an ENV project.(2) The Regulator must be satisfied that:(a) the indicators for ecosystem condition for each activity area have reached the relevant threshold values; and(b) the relevant persons have verified that the indicators for any culturally significant entity of the project have reached the relevant threshold values; and(c) the indicators for commitment to protection have reach the relevant threshold values.(3) If the ENV project includes, or is informed by, Indigenous knowledge or values or Indigenous data in relation to the project’s design or implementation as mentioned in section 48, the Regulator must be satisfied that the project proponent has implemented the project consistently with the consent for the use of that knowledge, or those values or data, that was obtained in accordance with that section.(4) If the project is an ENVTS project, the Regulator must be satisfied that the indicators for each relevant species have reached the relevant threshold values.(5) If the project plan was updated to nominate a culturally significant entity for the project after registration, the Regulator must be satisfied that:(a) the requirements in section 47 were met; and(b) the project plan was updated in accordance with section 73.Schedule 1 —Eligible regionsIn this instrument, an IBRA subregion is an eligible region if it is listed in following table.Note: These eligible regions reflect modified landscapes that have historically experienced widespread clearing and thinning of native vegetation. Areas of remnant vegetation have often been degraded by uses such as forestry and agriculture, pressures such as pests and weeds, and can suffer from low levels of ecological connectivity.The IBRA subregions that are eligible regionsState or Territory | IBRA Subregion Code | IBRA subregion name | IBRA Region Code | IBRA Region NameACT | AUA01 | Snowy Mountains | AUA | Australian AlpsACT | SEH14 | Bondo | SEH | South Eastern HighlandsACT | SEH16 | Monaro | SEH | South Eastern HighlandsACT | SEH06 | Murrumbateman | SEH | South Eastern HighlandsACT | SYB14 | Jervis | SYB | Sydney BasinNSW | AUA01 | Snowy Mountains | AUA | Australian AlpsNSW | BBS18 | Inglewood Sandstones | BBS | Brigalow Belt SouthNSW | BBS25 | Liverpool Plains | BBS | Brigalow Belt SouthNSW | BBS26 | Liverpool Range | BBS | Brigalow Belt SouthNSW | BBS20 | Moonie-Barwon Interfluve | BBS | Brigalow Belt SouthNSW | BBS28 | Narrandool | BBS | Brigalow Belt SouthNSW | BBS21 | Northern Basalts | BBS | Brigalow Belt SouthNSW | BBS22 | Northern Outwash | BBS | Brigalow Belt SouthNSW | BBS24 | Pilliga | BBS | Brigalow Belt SouthNSW | BBS23 | Pilliga Outwash | BBS | Brigalow Belt SouthNSW | BBS27 | Talbragar Valley | BBS | Brigalow Belt SouthNSW | COP03 | Canbelego Downs | COP | Cobar PeneplainNSW | COP05 | Lachlan Plains | COP | Cobar PeneplainNSW | COP04 | Nymagee | COP | Cobar PeneplainNSW | DRP04 | Bogan-Macquarie | DRP | Darling Riverine PlainsNSW | DRP03 | Castlereagh-Barwon | DRP | Darling Riverine PlainsNSW | DRP01 | Culgoa-Bokhara | DRP | Darling Riverine PlainsNSW | DRP02 | Warrambool-Moonie | DRP | Darling Riverine PlainsNSW | MUL03 | Nebine Plains | MUL | Mulga LandsNSW | MDD02 | Murray Mallee | MDD | Murray Darling DepressionNSW | NAN02 | Inverell Basalts | NAN | NandewarNSW | NAN03 | Kaputar | NAN | NandewarNSW | NAN01 | Nandewar Northern Complex | NAN | NandewarNSW | NAN04 | Peel | NAN | NandewarNSW | NET04 | Armidale Plateau | NET | New England TablelandsNSW | NET02 | Beardy River Hills | NET | New England TablelandsNSW | NET14 | Binghi Plateau | NET | New England TablelandsNSW | NET01 | Bundarra Downs | NET | New England TablelandsNSW | NET06 | Deepwater Downs | NET | New England TablelandsNSW | NET16 | Eastern Nandewars | NET | New England TablelandsNSW | NET08 | Ebor Basalts | NET | New England TablelandsNSW | NET07 | Glenn Innes-Guyra Basalts | NET | New England TablelandsNSW | NET09 | Moredun Volcanics | NET | New England TablelandsNSW | NET18 | Nightcap | NET | New England TablelandsNSW | NET11 | Northeast Forest Lands | NET | New England TablelandsNSW | NET19 | Round Mountain | NET | New England TablelandsNSW | NET10 | Severn River Volcanics | NET | New England TablelandsNSW | NET15 | Stanthorpe Plateau | NET | New England TablelandsNSW | NET12 | Tenterfield Plateau | NET | New England TablelandsNSW | NET17 | Tingha Plateau | NET | New England TablelandsNSW | NET03 | Walcha Plateau | NET | New England TablelandsNSW | NET05 | Wongwibinda Plateau | NET | New England TablelandsNSW | NET13 | Yarrowyck-Kentucky Downs | NET | New England TablelandsNSW | NNC13 | Barrington | NNC | NSW North CoastNSW | NNC08 | Carrai Plateau | NNC | NSW North CoastNSW | NNC02 | Cataract | NNC | NSW North CoastNSW | NNC04 | Chaelundi | NNC | NSW North CoastNSW | NNC06 | Coffs Coast and Escarpment | NNC | NSW North CoastNSW | NNC11 | Comboyne Plateau | NNC | NSW North CoastNSW | NNC03 | Dalmorton | NNC | NSW North CoastNSW | NNC15 | Ellerston | NNC | NSW North CoastNSW | NNC19 | Guy Fawkes | NNC | NSW North CoastNSW | NNC17 | Karuah Manning | NNC | NSW North CoastNSW | NNC09 | Macleay Gorges | NNC | NSW North CoastNSW | NNC07 | Macleay Hastings | NNC | NSW North CoastNSW | NNC12 | Mummel Escarpment | NNC | NSW North CoastNSW | NNC18 | Rocky River Gorge | NNC | NSW North CoastNSW | NNC14 | Tomalla | NNC | NSW North CoastNSW | NNC16 | Upper Hunter | NNC | NSW North CoastNSW | NNC10 | Upper Manning | NNC | NSW North CoastNSW | NNC01 | Washpool | NNC | NSW North CoastNSW | NNC05 | Yuraygir | NNC | NSW North CoastNSW | NSS03 | Capertee Valley | NSS | NSW South Western SlopesNSW | NSS01 | Inland Slopes | NSS | NSW South Western SlopesNSW | NSS02 | Lower Slopes | NSS | NSW South Western SlopesNSW | RIV03 | Murray Fans | RIV | RiverinaNSW | RIV06 | Murray Scroll Belt | RIV | RiverinaNSW | RIV02 | Murrumbidgee | RIV | RiverinaNSW | SEC03 | Bateman | SEC | South East CornerNSW | SEC01 | East Gippsland Lowlands | SEC | South East CornerNSW | SEC02 | South East Coastal Ranges | SEC | South East CornerNSW | SEH11 | Bathurst | SEH | South Eastern HighlandsNSW | SEH14 | Bondo | SEH | South Eastern HighlandsNSW | SEH07 | Bungonia | SEH | South Eastern HighlandsNSW | SEH17 | Capertee Uplands | SEH | South Eastern HighlandsNSW | SEH09 | Crookwell | SEH | South Eastern HighlandsNSW | SEH13 | Hill End | SEH | South Eastern HighlandsNSW | SEH08 | Kanangra | SEH | South Eastern HighlandsNSW | SEH15 | Kybeyan-Gourock | SEH | South Eastern HighlandsNSW | SEH16 | Monaro | SEH | South Eastern HighlandsNSW | SEH06 | Murrumbateman | SEH | South Eastern HighlandsNSW | SEH10 | Oberon | SEH | South Eastern HighlandsNSW | SEH12 | Orange | SEH | South Eastern HighlandsNSW | SEQ03 | Burringbar-Conondale Ranges | SEQ | South Eastern QueenslandNSW | SEQ13 | Clarence Lowlands | SEQ | South Eastern QueenslandNSW | SEQ12 | Clarence Sandstones | SEQ | South Eastern QueenslandNSW | SEQ10 | Scenic Rim | SEQ | South Eastern QueenslandNSW | SEQ04 | Sunshine Coast-Gold Coast Lowlands | SEQ | South Eastern QueenslandNSW | SEQ11 | Woodenbong | SEQ | South Eastern QueenslandNSW | SYB09 | Burragorang | SYB | Sydney BasinNSW | SYB08 | Cumberland | SYB | Sydney BasinNSW | SYB13 | Ettrema | SYB | Sydney BasinNSW | SYB02 | Hunter | SYB | Sydney BasinNSW | SYB12 | Illawarra | SYB | Sydney BasinNSW | SYB14 | Jervis | SYB | Sydney BasinNSW | SYB01 | Kerrabee | SYB | Sydney BasinNSW | SYB11 | Moss Vale | SYB | Sydney BasinNSW | SYB07 | Pittwater | SYB | Sydney BasinNSW | SYB10 | Sydney Cataract | SYB | Sydney BasinNSW | SYB04 | Wollemi | SYB | Sydney BasinNSW | SYB06 | Wyong | SYB | Sydney BasinNSW | SYB05 | Yengo | SYB | Sydney BasinQLD | BBN09 | Anakie Inlier | BBN | Brigalow Belt NorthQLD | BBN10 | Basalt Downs | BBN | Brigalow Belt NorthQLD | BBN07 | Belyando Downs | BBN | Brigalow Belt NorthQLD | BBN04 | Beucazon Hills | BBN | Brigalow Belt NorthQLD | BBN02 | Bogie River Hills | BBN | Brigalow Belt NorthQLD | BBN11 | Isaac-Comet Downs | BBN | Brigalow Belt NorthQLD | BBN14 | Marlborough Plains | BBN | Brigalow Belt NorthQLD | BBN12 | Nebo-Connors Ranges | BBN | Brigalow Belt NorthQLD | BBN06 | Northern Bowen Basin | BBN | Brigalow Belt NorthQLD | BBN13 | South Drummond Basin | BBN | Brigalow Belt NorthQLD | BBN01 | Townsville Plains | BBN | Brigalow Belt NorthQLD | BBN08 | Upper Belyando Floodout | BBN | Brigalow Belt NorthQLD | BBS06 | Arcadia | BBS | Brigalow Belt SouthQLD | BBS08 | Banana-Auburn Ranges | BBS | Brigalow Belt SouthQLD | BBS13 | Barakula | BBS | Brigalow Belt SouthQLD | BBS03 | Boomer Range | BBS | Brigalow Belt SouthQLD | BBS09 | Buckland Basalts | BBS | Brigalow Belt SouthQLD | BBS05 | Callide Creek Downs | BBS | Brigalow Belt SouthQLD | BBS10 | Carnarvon Ranges | BBS | Brigalow Belt SouthQLD | BBS01 | Claude River Downs | BBS | Brigalow Belt SouthQLD | BBS07 | Dawson River Downs | BBS | Brigalow Belt SouthQLD | BBS14 | Dulacca Downs | BBS | Brigalow Belt SouthQLD | BBS17 | Eastern Darling Downs | BBS | Brigalow Belt SouthQLD | BBS18 | Inglewood Sandstones | BBS | Brigalow Belt SouthQLD | BBS20 | Moonie-Barwon Interfluve | BBS | Brigalow Belt SouthQLD | BBS19 | Moonie-Commoron Floodout | BBS | Brigalow Belt SouthQLD | BBS04 | Mount Morgan Ranges | BBS | Brigalow Belt SouthQLD | BBS28 | Narrandool | BBS | Brigalow Belt SouthQLD | BBS21 | Northern Basalts | BBS | Brigalow Belt SouthQLD | BBS12 | Southern Downs | BBS | Brigalow Belt SouthQLD | BBS16 | Tara Downs | BBS | Brigalow Belt SouthQLD | BBS11 | Taroom Downs | BBS | Brigalow Belt SouthQLD | BBS15 | Weribone High | BBS | Brigalow Belt SouthQLD | BBS02 | Woorabinda | BBS | Brigalow Belt SouthQLD | CMC04 | Byfield | CMC | Central Mackay CoastQLD | CMC03 | Clarke-Connors Ranges | CMC | Central Mackay CoastQLD | CMC06 | Debella | CMC | Central Mackay CoastQLD | CMC05 | Manifold | CMC | Central Mackay CoastQLD | CMC02 | Proserpine-Sarina Lowlands | CMC | Central Mackay CoastQLD | CMC01 | Whitsunday | CMC | Central Mackay CoastQLD | DRP03 | Castlereagh-Barwon | DRP | Darling Riverine PlainsQLD | DRP01 | Culgoa-Bokhara | DRP | Darling Riverine PlainsQLD | DRP02 | Warrambool-Moonie | DRP | Darling Riverine PlainsQLD | DEU04 | Jericho | DEU | Desert UplandsQLD | MGD08 | Southern Wooded Downs | MGD | Mitchell Grass DownsQLD | MUL02 | Eastern Mulga Plains | MUL | Mulga LandsQLD | MUL06 | Langlo Plains | MUL | Mulga LandsQLD | MUL03 | Nebine Plains | MUL | Mulga LandsQLD | MUL04 | North Eastern Plains | MUL | Mulga LandsQLD | MUL01 | West Balonne Plains | MUL | Mulga LandsQLD | NAN01 | Nandewar Northern Complex | NAN | NandewarQLD | NET15 | Stanthorpe Plateau | NET | New England TablelandsQLD | NET12 | Tenterfield Plateau | NET | New England TablelandsQLD | SEQ05 | Brisbane-Barambah Volcanics | SEQ | South Eastern QueenslandQLD | SEQ08 | Burnett-Curtis Coastal Lowlands | SEQ | South Eastern QueenslandQLD | SEQ01 | Burnett-Curtis Hills and Ranges | SEQ | South Eastern QueenslandQLD | SEQ03 | Burringbar-Conondale Ranges | SEQ | South Eastern QueenslandQLD | SEQ09 | Great Sandy | SEQ | South Eastern QueenslandQLD | SEQ07 | Gympie Block | SEQ | South Eastern QueenslandQLD | SEQ02 | Moreton Basin | SEQ | South Eastern QueenslandQLD | SEQ10 | Scenic Rim | SEQ | South Eastern QueenslandQLD | SEQ06 | South Burnett | SEQ | South Eastern QueenslandQLD | SEQ14 | Southern Great Barrier Reef | SEQ | South Eastern QueenslandQLD | SEQ04 | Sunshine Coast-Gold Coast Lowlands | SEQ | South Eastern QueenslandQLD | SEQ11 | Woodenbong | SEQ | South Eastern QueenslandQLD | WET04 | Atherton | WET | Wet TropicsQLD | WET01 | Herbert | WET | Wet TropicsQLD | WET03 | Innisfail | WET | Wet TropicsQLD | WET02 | Tully | WET | Wet TropicsSA | EYB03 | Eyre Hills | EYB | Eyre Yorke BlockSA | EYB05 | Eyre Mallee | EYB | Eyre Yorke BlockSA | EYB01 | Southern Yorke | EYB | Eyre Yorke BlockSA | EYB02 | St Vincent | EYB | Eyre Yorke BlockSA | EYB04 | Talia | EYB | Eyre Yorke BlockSA | FLB02 | Broughton | FLB | Flinders Lofty BlockSA | FLB01 | Mount Lofty Ranges | FLB | Flinders Lofty BlockSA | FLB04 | Southern Flinders | FLB | Flinders Lofty BlockSA | KAN02 | Fleurieu | KAN | KanmantooSA | KAN01 | Kangaroo Island | KAN | KanmantooSA | MDD04 | Lowan Mallee | MDD | Murray Darling DepressionSA | MDD03 | Murray Lakes and Coorong | MDD | Murray Darling DepressionSA | MDD02 | Murray Mallee | MDD | Murray Darling DepressionSA | MDD05 | Wimmera | MDD | Murray Darling DepressionSA | NCP01 | Bridgewater | NCP | Naracoorte Coastal PlainSA | NCP02 | Glenelg Plain | NCP | Naracoorte Coastal PlainSA | NCP03 | Lucindale | NCP | Naracoorte Coastal PlainSA | NCP04 | Tintinara | NCP | Naracoorte Coastal PlainSA | RIV06 | Murray Scroll Belt | RIV | RiverinaSA | SVP02 | Mount Gambier | SVP | Southern Volcanic PlainTAS | BEL01 | Ben Lomond | BEL | Ben LomondTAS | FUR02 | Flinders | FUR | FurneauxTAS | KIN01 | King | KIN | KingTAS | TNM01 | Northern Midlands | TNM | Tasmanian Northern MidlandsTAS | TNS01 | Northern Slopes | TNS | Tasmanian Northern SlopesTAS | TSE01 | South East | TSE | Tasmanian South EastVIC | AUA01 | Snowy Mountains | AUA | Australian AlpsVIC | AUA02 | Victorian Alps | AUA | Australian AlpsVIC | FUR02 | Flinders | FUR | FurneauxVIC | FUR01 | Wilsons Promontory | FUR | FurneauxVIC | MDD04 | Lowan Mallee | MDD | Murray Darling DepressionVIC | MDD02 | Murray Mallee | MDD | Murray Darling DepressionVIC | MDD05 | Wimmera | MDD | Murray Darling DepressionVIC | NCP01 | Bridgewater | NCP | Naracoorte Coastal PlainVIC | NCP02 | Glenelg Plain | NCP | Naracoorte Coastal PlainVIC | NSS01 | Inland Slopes | NSS | NSW South Western SlopesVIC | RIV03 | Murray Fans | RIV | RiverinaVIC | RIV06 | Murray Scroll Belt | RIV | RiverinaVIC | RIV04 | Victorian Riverina | RIV | RiverinaVIC | SCP01 | Gippsland Plain | SCP | South East Coastal PlainVIC | SCP02 | Otway Plain | SCP | South East Coastal PlainVIC | SCP03 | Warrnambool Plain | SCP | South East Coastal PlainVIC | SEC01 | East Gippsland Lowlands | SEC | South East CornerVIC | SEC02 | South East Coastal Ranges | SEC | South East CornerVIC | SEH02 | Highlands-Northern Fall | SEH | South Eastern HighlandsVIC | SEH01 | Highlands-Southern Fall | SEH | South Eastern HighlandsVIC | SEH15 | Kybeyan-Gourock | SEH | South Eastern HighlandsVIC | SEH16 | Monaro | SEH | South Eastern HighlandsVIC | SEH03 | Otway Ranges | SEH | South Eastern HighlandsVIC | SEH04 | Strzelecki Ranges | SEH | South Eastern HighlandsVIC | SVP01 | Victorian Volcanic Plain | SVP | Southern Volcanic PlainVIC | VIM02 | Central Victorian Uplands | VIM | Victorian MidlandsVIC | VIM04 | Dundas Tablelands | VIM | Victorian MidlandsVIC | VIM01 | Goldfields | VIM | Victorian MidlandsVIC | VIM03 | Greater Grampians | VIM | Victorian MidlandsWA | AVW02 | Katanning | AVW | Avon WheatbeltWA | AVW01 | Merredin | AVW | Avon WheatbeltWA | ESP01 | Fitzgerald | ESP | Esperance PlainsWA | ESP02 | Recherche | ESP | Esperance PlainsWA | GES01 | Geraldton Hills | GES | Geraldton SandplainsWA | GES02 | Lesueur Sandplain | GES | Geraldton SandplainsWA | JAF01 | Northern Jarrah Forest | JAF | Jarrah ForestWA | JAF02 | Southern Jarrah Forest | JAF | Jarrah ForestWA | MAL01 | Eastern Mallee | MAL | MalleeWA | MAL02 | Western Mallee | MAL | MalleeWA | SWA01 | Dandaragan Plateau | SWA | Swan Coastal PlainWA | SWA02 | Perth | SWA | Swan Coastal PlainWA | WAR01 | Warren | WAR | WarrenSchedule 2—Establishing benchmark values of indicators for ecosystem condition1 Purpose of Schedule(1) This Schedule applies for the purposes of subparagraph 49(b)(ii), that is, where no appropriate benchmark value or large tree threshold is given in the Approved benchmark sources list for a benchmark for 1 or more of the ecosystem condition indicators or the large tree threshold (the missing indicators or large tree threshold). It sets out the process for establishing, for the reference ecosystem of an activity area or sub-area:(a) benchmark values of the indicators; and(b) the large tree threshold.(2) In this Schedule, a reference to an activity area or sub-area includes a reference to a proposed activity area or sub-area.2 Dealing with unidentified speciesThe unidentified species method is to be used to deal with any unidentified species found.The process for establishing benchmark valuesStep 1—Selecting survey sites(1) Select at least 3 benchmark survey sites outside the project area that satisfy the following:(a) subject to subsection (2)—the site is in the same eligible region as the activity area or sub-area and has a similar aspect and slope;(b) the site consists of mature remnant vegetation of at least 5 hectares that is from the reference ecosystem of the activity area or sub-area;(c) there is minimal evidence of disturbance to the remnant vegetation on the site, including from clearing, harvesting, disease, natural disturbances (such as fire or floods) or invasive species.(2) If the reference ecosystem of the activity area or sub-area was determined, in reliance on subsection 50(14), as being a native vegetation type that no longer occurs within the relevant eligible region, but does occur in an adjacent IBRA subregion—the 3 benchmark survey sites may be selected in that adjacent IBRA subregion.Step 2—Selecting survey plotsIn each benchmark survey site, select at least 1 survey plot as follows:(a) divide the survey site into rectangular portions that are 50m by 10m;(b) exclude any portions that are not:(i) entirely within the survey site; and(ii) at least 50 metres from any road, track, fence or man-made water feature;(c) select 1 or more survey plots from among the remaining rectangular portions, using a random process that discards any selection that is less than 2 kilometres from a previously selected survey plot (whether or not in the same survey site).Step 3—Collecting dataApply the relevant methods for measuring and monitoring ecosystem condition from Schedule 3, to collect the data required to derive the missing values.Step 4—Establishing the large tree threshold(1) If the large tree threshold is a missing value, in each survey plot:(a) identify native trees with a diameter greater than 20cm; and(b) measure the diameter of each of those trees, in the way set out in the large tree density method (Part 7 of Schedule 3); and(c) calculate and record the average diameter of those trees (the plot diameter).(2) Calculate the average plot diameter of all the survey plots. This is the large tree threshold for the reference ecosystem.Step 5—Calculation of the missing values of the indicators and sub-indicators for each survey plot(1) For each survey plot:(a) calculate the value of each of the missing indicators for ecosystem condition (a) to (j) in the survey plot in accordance with the relevant items in the table in section 4 of Schedule 4, as if a reference to a permanent sampling plot were a reference to the survey plot; and(b) calculate the value of each of the missing sub-indicators of the native species richness index by using the data obtained from the point intercept method, the quadrat method and the plot survey method, and tally the number of native species by life form to create a separate value for each sub-indicator.Step 6—Calculation of the benchmark values of the indicatorsFor each missing indicator and sub-indicator, its benchmark value for the reference ecosystem of the activity area or sub-area is:(a) if there are 3 survey plots—the mean of the values of the indicator or sub-indicator calculated in step 6 for the survey plots; or(b) if there are more than 3 survey plots—the median of the values of the indicator or sub-indicator for the survey plots.Note: The benchmark value for non-native species is 0%.The benchmark value for ground cover from sub-category A1, A2 and A3 plants as a proportion of total ground cover from category A plants is 100%.Schedule 3—Measuring and monitoring ecosystem conditionInterpretationIn this Schedule, a reference to an activity area includes a reference to a proposed activity area.Part 1—The plot establishment method(1) This Part sets out the plot establishment method for establishing the permanent sampling plots in an activity area, as part of the SSA, for the purposes of paragraph 49(c).(2) The permanent sampling plots will be used to:(a) determine the starting values of the indicators for the activity area for paragraph 49(e); and(b) assess the starting ecosystem condition state for the purposes of paragraph 49(f); and(c) monitor progress of the indicators towards the threshold values and forecast values for subsection 81(1).1 The process(1) Determine the size of the activity area in hectares;(2) Based on the size of the activity area, determine the required number of sampling plots in accordance with following table:Size of activity area | Required number of sampling plots1 hectare or less | 1Between 1 and 5 hectares | 2Between 5 and 10 hectares | 3Between 10 and 50 hectares | 4Between 50 and 100 hectares | 5100 hectares or larger | 7(3) Subdivide the activity area into equal portions, 1 for each required sampling plot.(4) In each portion, randomly select the location of a sampling plot of 50m by 10m.(5) If necessary, discard the selected locations, and randomly select new ones until:(a) each sampling plot is entirely within the activity area, and, if the activity area is divided, within a single sub-area; and(b) the selected sampling plots are, between them, representative of at least 90% of the activity area in composition and condition.(6) In each sampling plot, either:(a) place a permanent marker at both ends of the centre line of the plot; or(b) place a permanent marker at one end and take a compass bearing along the centre line of the plot, recording the bearing in the site assessment report.A permanent marker can be a post, a marker on the ground or a GPS marker.(7) Assign a unique identifying number to each sampling plot. Record this number in the site assessment report and attach it to the permanent marker or markers in the sampling plot.(8) Where relevant, ensure that the location of the sampling plot and the permanent markers are consistent with culturally informed project design.2 Photo survey of permanent sampling plotsAs part of the SSA, or a monitoring assessment, take 6 photos of each permanent sampling plot (a photo survey) as follows:(a) the photos must be taken from the 2 points at either end of the centre line of the plot;(b) from each point, take 1 photo with the camera pointing in each of the following directions:(i) facing down the centre line towards the opposite end of the plot; and(ii) facing 90 degrees to the left of the centre line;(iii) facing 90 degrees to the right of the centre line;(c) the photos must be in digital format, in colour without filters or other forms of image modification;(d) the photos must have location access enabled to enable accurate geolocation of images.Part 2—The unidentified species methodThis Part sets out the unidentified species method for dealing with unidentified species when:(a) establishing benchmark values in accordance with Schedule 2; and(b) assessing ecosystem condition in accordance with Schedule 4.(1) If a step in the process requires the species of a plant to be identified and recorded, but the plant cannot be identified to the species level, the assessor must:(a) record the reasons why identification to the species level was not possible; and(b) identify the plant to the genus level; and(c) record the observable plant characteristic or, if a categorisation has been developed, the category of the plant.(2) If it appears that the unidentifiable plants can be categorised into possible species based on observable plant characteristics and life form, the assessor must:(a) make the categorisation; and(b) record the reasons for, and the basis of, the categorisation.Part 3—The point intercept methodThis Part sets out the point intercept method of sampling plant cover to assess the number of plant species, and the proportion of ground area covered by each plant species in:(a) survey sites, when establishing benchmark values of indicators in accordance with Schedule 2; and(b) permanent sample plots, when assessing ecosystem condition in accordance with Schedule 4.Step 1—Select sampling pointsSelect 50 sampling points at 1 metre intervals along the centre line of each survey plot or permanent sampling plot, starting 1 metre in from one end of the centre line, with each sampling point located either at ground level or on the ground cover that lies above the ground.Step 2—Assign groundcover categories and subcategories(1) Assign each sampling point to a groundcover category, and subcategory where appropriate, in the following table (the sampling categories table):Sampling Categories TableCategory | Subcategory | Groundcover | DescriptionAYesLiving ground vascular plantA1aYesLiving perennial grass from a species that is native to the local areaA1bYesLiving annual grass from a species that is native to the local areaA2YesLiving herbaceous vascular plant, other than a grass, from a species that is native to the local areaA3YesLiving woody plant within the ground layer (less than 1 metre tall) from a species that is native to the local area. Includes seedlings, vines and other small plants of native tree and shrub species.A4YesLiving ground layer plant from a species that is not native to the local area, other than non-pasture crop speciesA5YesLiving ground layer plant from a species that is a non-pasture crop speciesBYesCryptogamic soil crust or non-vascular plantsCYesDead native ground layer plantDYesDead non-native ground layer plantEYesLitter (dead plant material including leaves, bark, twigs)FYesBare groundGYesRockHYesGround cover – not otherwise specifiedINoLiving native tree in the tree layerJNoLiving native tree in the shrub layerKNoLiving native shrub in the shrub layerLNoLiving native vineMNoDead native tree, shrub or vineN | No | Living non-native tree in the tree layerO | No | Living non-native tree or shrub in the shrub layerPNoLiving vine that is not native to the local areaQNoDead tree, shrub or vine that is not native to the local areaRN/AOther – not otherwise specified(2) Assign any ground area occupied by roots, stems or foliage of plants that are not part of the ground layer to category H.(3) Where possible, identify and record the species of ground layer plants at each sampling point.Step 3—Classify crown cover at sample pointsClassify each sampling point as falling beneath or outside of each of the following:(a) the crowns of living native plants in the tree layer;(b) the crowns of living native plants in the shrub layer;(c) the crowns of living non-native plants in the tree layer;(d) the crowns of living non-native plants in the shrub layer.Step 4— Calculate crown coverCalculate crown cover from plants in the relevant layer by:(a) adding the number of sampling points classified as falling beneath the crowns of those plants in the relevant layer; and(b) multiplying the sum by 2 to convert to percent cover.Part 4—The quadrat methodThis Part sets out the quadrat method of sampling plant cover to assess the number of plant species, and the proportion of ground area covered by each plant species in:(a) survey sites, when establishing benchmark values of indicators in accordance with Schedule 2; and(b) permanent sample plots, when assessing ecosystem condition in accordance with Schedule 4.(1) Establish 5 quadrats on the centre line of each permanent sampling plot so that:(a) each quadrat is 1m x 1m; and(b) the quadrats are spaced at 10 metre intervals, starting 5 metres in from one end of the centre line.(2) For each established quadrat, identify and record:(a) the number of plant species located in the quadrat and what those species are; and(b) the proportion of ground area in the quadrat that is covered by category A plants in the table in step 2 of Part 3 of this Schedule; and(c) the proportion of ground area covered by categories B to H plants in the table in step 2 of Part 3 of this Schedule.(3) For paragraph (2)(b), the sum of the percentages covered by ground area that has been assigned to categories A to H should be 100%.Part 5—Plot survey methodThis Part sets out the plot survey method of sampling plant cover to assess the number of plant species, and the proportion of ground area covered by each plant species in:(a) survey sites, when establishing benchmark values of indicators in accordance with Schedule 2; and(b) permanent sample plots, when assessing ecosystem condition in accordance with Schedule 4.(1) In each survey plot or permanent sampling plot:(a) survey the entirety of the sampling plot; and(b) identify and record the number of plant species found and what those species are.(2) In a permanent sampling plot of an activity area whose reference ecosystems are from MVG structural group 1, 2 or 3, also record the presence of recruitment of any plant species from the defining layer in the reference ecosystem.(3) For this Schedule, plants are recruiting when they are ≤2 metres and greater than 30cm in height.(4) Where recruitment is identified, the species of the recruiting plants must be recorded, but the number of recruiting plants does not need to be recorded.Part 6—Method of estimating canopy height of the defining layerThis Part sets out the canopy height method of estimating the height of the defining layer in:(a) survey sites, when establishing benchmark values of indicators in accordance with Schedule 2; and(b) permanent sample plots, when assessing ecosystem condition in accordance with Schedule 4.(1) In each survey plot or permanent sampling plot, select 3 or more native trees or shrubs from the defining layer that are representative of the median height of the defining layer.(2) Measure their heights using a clinometer or hypsometer.Part 7—Large tree density methodThis Part sets out the large tree density method of counting the number of large trees per hectare in:(i) survey sites, when establishing benchmark values of indicators in accordance with Schedule 2; and(ii) permanent sample plots, when assessing ecosystem condition in accordance with Schedule 4.(1) In a survey plot or permanent sampling plot:(a) identify native trees with a diameter greater than the large tree threshold for the relevant reference ecosystem; and(b) count the number of those trees;(c) multiply by 20 to convert this to a per hectare count.How diameter is to be measured(2) In this instrument, the diameter of a tree is the diameter measured (in centimetres) at a point 1.3m from the ground (at breast height), using a diameter tape or similar measuring tape.(3) If a tree has multiple trunks at breast height, its diameter at that height is taken to be the diameter of a circle with an area equivalent to the sum of the area of all trunks at that height.Schedule 4 —Calculating ecosystem condition indicator values1 Purpose of Schedule(1) This Schedule sets out how to determine the value of the indicators for the ecosystem condition of an activity area.(2) It is used for the following provisions:(a) paragraph 49(e), determining the starting value of the indicator in the SSA;(b) paragraph 81(7)(a), in a monitoring assessment¸ to measure the values of the indicators in order to monitor progress towards:(i) the threshold values; and(ii) the forecast values.Interpretation(3) In this Schedule, a reference to an activity area includes a reference to a proposed activity area.2 Use of permanent sampling plotsThe ecosystem condition of an activity area is to be assessed using the permanent sampling plots established as part of the SSA, for the purposes of paragraph 49(c), using the plot establishment method.3 Dealing with unidentified speciesThe unidentified species method is to be used to deal with any unidentified species found.4 Calculating the indicator values for the ecosystem conditionStep 1—Collecting data(1) Apply the relevant methods for measuring and monitoring ecosystem condition from Schedule 3, to collect the data required for the table below.Step 2—Indicator values for each permanent sampling plot(2) Using the data so obtained, calculate the values of each of the indicators and sub-indicators for each permanent sampling plot in accordance with the table below.Step 3—Indicator values for the activity area(3) Unless the table provides otherwise, the value of each indicator for the activity area is the average of the corresponding indicators for the permanent sampling plots.Meaning of relevant benchmark value(4) A reference in the table to the relevant benchmark value is a reference to the benchmark value of the relevant indicator or sub-indicator for the reference ecosystem for the plot being surveyed.IndicatorHow to calculate the value of the indicator in a permanent sampling plot Applicable to these MVG Groups:(a) | Canopy height of the defining layer (in metres) | Calculate the value of this indicator as the average height of the measured trees or shrubs forming the defining layer. | 1, 2, 3(b) | Density of large trees | Calculate the value of this indicator as the total number of trees per hectare with a diameter greater than or equal to the relevant threshold. | 1,2(c)Crown cover from native plants in the tree layer (as a percentage)Using the data from the point intercept method, calculate the value by:a. tallying the number of sample points that fall beneath crowns of native plants in the tree layer in the sampling plot; andb. multiplying the result by two to derive the percentage crown cover.1,2,3,4(d)Crown cover from native plants in the shrub layer (as a percentage)Using the data obtained from the point intercept method, calculate the value of this indicator by:a. tallying the number of sample points that fall beneath crowns of native plants in the shrub layer in the sampling plot; andb. multiplying the result by two to derive the percentage crown cover.2,3,4(e)Crown cover from plants in the tree layer provided by non-native plants (as a percentage of total cover in the tree layerUsing the data obtained from the point intercept method, calculate the value of this indicator by:a. tallying the number of sample points that fall beneath crowns on non-native plants in the tree layer in the sampling plot; andb. multiplying the result by two to derive the percentage crown cover.1,2,3,4(f)Crown cover from plants in the shrub layer provided by non-native plants (as a percentage)Using the data obtained from the point intercept method, calculate the value of this indicator by:a. tallying the number of sample points that fall beneath crowns of non-native plants in the shrub layer in the sampling plot; andb. multiplying the result by two to derive the percentage crown cover.1,2,3,4(g)(h)Ground cover from sub-category A1a, A1b, A2 and A3 plants as a proportion of total ground cover from category A plantsANDGround cover from sub-category A4 and A5 plants as a proportion of total ground cover from category A plantsStep 1Using the data obtained from the point intercept method, calculate the percentage of ground cover from category A plants that is provided by plants from each of subcategories A1a, A1b, A2, A3, A4, and A5 for a sampling plot by:a. adding the number of sampling points in the sampling plot assigned to each of subcategory A1a, A1b, A2, A3, A4 and A5; andb. dividing the sum for each subcategory by the total number of sampling points in the sampling plot assigned to category A plants to calculate a proportion for each subcategory (i.e. A1a, A1b, A2, A3, A4 and A5), and multiply the proportion by 100 to convert to a percentage.Step 2Using the data obtained from the quadrat method, calculate the percentage of ground cover from category A plants that is that is provided by plants from each of subcategories A1a, A1b, A2, A3, A4, and A5 for a sampling plot by:a. for each quadrat—calculating the percentage of ground cover from category A plants that is provided by plants from subcategories A1a, A1b, A2, A3, A4 and A5 in the sampling plot; andb. for each subcategory—adding the percentage from each quadrat in the sampling plot and divide by the total number of quadrats in the sampling plot to calculate an average percentage for each subcategory.Step 3Calculate the value (as a percentage) for ground cover from category A plants that is provided by plants from subcategories A1a, A1b, A2, A3, A4 and A5 for the sampling plot using the means from steps 1 and 2 by:a. for each subcategory—adding the percentage derived from Step 1 to the percentage derived from Step 2; andb. dividing the result by 2.1,2,3,4(i) | Recruitment of species from defining stratum (as the number of recruiting canopy species) | Calculate the value of this indicator as the number of recruiting tree or shrub species. | 1,2,3(j)Native species richness index by life form (native tree, shrub, vine, grass and herbaceous vascular plant species other than grasses). Species richness can be calculated for all life forms combined or for specified combinations eg. species richness index for tree life form.Using the data obtained from the plot survey method, calculate the native species richness index value as follows:Step 1For each permanent sampling plot, calculate the overall native species richness index reference value for the sampling plot by adding the relevant benchmark values for all the sub-indicators—numbers of species of trees, shrubs, vines, grasses and other herbaceous vascular plant other than grasses (herbs).For example: if the relevant benchmark values are 3 species of trees, 3 species of shrubs, 0 species of vines, 2 species of grasses and 2 species of other herbs, the overall compositional reference value is calculated as = 3 trees + 3 shrubs + 0 vines + 2 grasses + 2 herbs = 10.Step 2For each permanent sampling plot, calculate a native species richness contribution value for each sub-indicator covered by the native species richness index indicator by comparing the number of native species in each life form in the sampling plot with the relevant benchmark value of the corresponding sub-indicator.If the number of native species in a life form is less than or equal to 150% of the relevant benchmark value, the native species richness contribution value for that life form for the sampling plot is the number of native species recorded.If the number of native species recorded is more than 150% of the relevant benchmark value for that life form, the native species richness contribution value for that life form for the sampling plot is the first whole number that is less than 150% of the benchmark indicator.For example: if the relevant benchmark value for trees is 3 species and the sampling plot has 5 species, the native species richness contribution value for trees (i.e. the number of tree species that count in assessing compliance) is 4 species, being the first whole number less than 150% of the benchmark indicator.Step 3Calculate the native species richness index value for life forms.For activities areas with 1 sampling plot, bysumming the native species contribution value for each life form to obtain the overall native species contribution value for all life forms; anddividing the overall native species contribution value for life forms by the overall native species richness index reference value for all life forms.For example: if the sampling plot has 1 shrub, 2 vines, 7 grasses and 1 herb, and the reference values for the plot are 3 shrubs, 1 vine, 4 grasses and 2 herbs, the value is (1+1+6+2)/(3+1+4+2)=100%.For activities areas with more than 1 sampling plot, bycalculating a native species richness index score for each sampling plot using the two steps above; andaveraging the native species richness index values from all plots in the activity area to calculate an overall index for the activity area.For individual life forms or combinations of life forms, the same process can be applied.1,2,3,4Schedule 5 —Determining the starting ecosystem condition state of an activity area1 Purpose of Schedule(1) This Schedule sets out how to determine the starting ecosystem condition state of an activity area for the purposes of paragraph 49(f),(2) It uses the values of the indicators for the activity area determined in accordance with Schedule 4.Interpretation(3) In this Schedule:(a) a reference to an activity area includes a reference to a proposed activity area; and(b) a reference to the benchmark is reference to the benchmark value of the relevant indicator for the reference ecosystem.Step 1—Identify the class for the defining layerStructural group (1) (Rainforests and vine thickets):Tree layer is the defining layerUse the starting values of the indicators to determine which of the following classes the defining layer of the activity area belongs to:(a) Tree layer class A—close to reference:(i) tree layer height and cover are both >75% of reference; and(ii) non-native cover in tree layer is <5% of total tree layer cover; and(iii) native species richness index for the tree life form is >75%.(b) Tree layer class B – modified:(i) tree layer does not satisfy (a); and(ii) tree layer height and cover are both >25% of reference; and(iii) non-native cover in tree layer is <50% of total tree cover; and(iv) native species richness index for tree life form is >25%; and(v) characteristic native tree species are present.(c) Tree layer class C – highly modified (recovering):(i) tree layer does not satisfy (a) or (b); and(ii) cover of native tree species is >25% of reference cover (e.g. there is an established cohort of regenerating native tree species following past clearing or similar significant disturbance from fire, drought or other cause); and(iii) non-native cover in tree layer is <75% of total tree cover.(d) Tree layer class E – transformed:(i) tree layer does not satisfy (a), (b) or (c); and(ii) total tree layer cover is >25% of reference, and(iii) non-native cover in tree layer is ≥75% of total tree cover, or(iv) tree layer is a plantation of species other than native rainforest species.(e) Tree layer class D – highly modified (sparse/absent):(i) tree layer does not satisfy (a), (b), (c) or (d).Structural Group 2 (Open forests to open woodlands): Tree layer is the defining layer(a) Tree layer class A – close to reference:(i) tree layer height and cover are both >75% of reference; and(ii) density of large trees is >75% of reference; and(iii) non-native cover in tree layer is <5% of total tree layer cover; and(iv) characteristic native tree species are present.(b) Tree layer class B – modified:(i) tree layer does not satisfy (a); and(ii) tree layer height and cover are both >25% of reference; and(iii) non-native cover in tree layer is <50% of total tree layer cover; and(iv) characteristic native tree species are present.(c) Tree layer class C – highly modified (recovering):(i) tree layer does not satisfy (a) or (b); and(ii) cover of native tree species is >25% of reference cover (e.g. there is an established cohort of regenerating native tree species following past clearing or similar significant disturbance from fire, drought or other cause); and(iii) non-native cover in tree layer is <75% of total tree cover.(d) Tree layer class E – transformed:(i) tree layer does not satisfy (a), (b) or (c); and(ii) total tree layer cover is >25% of reference, and(iii) non-native cover in tree layer is ≥75% of total tree layer cover, or(iv) tree layer is a plantation of species other than species from the reference ecosystem.(e) Tree layer class D – highly modified (sparse/absent):(i) tree layer does not satisfy (a), (b), (c) or (d).Structural group 3 (Shrublands): Shrub layer is the defining layer(a) Shrub layer class A – close to reference:(i) shrub layer height and cover are both >75% of reference; and(ii) non-native cover in shrub layer <5% of total shrub cover; and(iii) characteristic native shrub species are present.(b) Shrub layer class B – modified:(i) shrub layer does not satisfy (a); and(ii) shrub layer height and cover are both >25% of reference; and(iii) non-native cover in shrub layer is <50% of total shrub cover; and(iv) characteristic native shrub species are present.(c) Shrub layer class C – highly modified (recovering):(i) shrub layer does not satisfy (a) or (b); and(ii) cover of native shrubs is >25% of reference (e.g. there is an established cohort of regenerating, native shrub layer species following past clearing or similar significant disturbance from fire, drought or other cause), and(iii) non-native cover in shrub layer is <75% of total shrub cover.(d) Shrub layer class E – transformed:(i) shrub layer does not satisfy (a), (b) or (c); and(ii) total shrub layer cover is >25% of reference, and(iii) non-native cover in shrub layer is ≥75% of total shrub layer cover, or(iv) shrub layer is a plantation of species other than species from the reference ecosystem.(e) Shrub layer class D – highly modified (sparse/absent):(i) shrub layer does not satisfy (a), (b), (c) or (d).Structural group 4 (Grasslands and herbfields): ground layer is defining layer(a) Ground layer class A – close to reference:(i) non-native cover in ground layer is <5% of total ground-layer cover; and(ii) native species richness index for life forms excluding trees and shrubs is >75%; and(iii) characteristic native species are present.(b) Ground layer class B – modified:(i) ground layer does not satisfy (a); and(ii) non-native cover in ground layer is <50% of total plant cover; and(iii) native species richness index for life forms excluding trees and shrubs is >25%; and(iv) at least one characteristic native species is present.(c) Ground layer class D – transformed:(i) ground layer does not satisfy (a) or (b); and(ii) non-native cover in ground layer is >75% of total ground layer cover.(d) Ground layer class C – highly modified:(i) ground layer does not satisfy (a), (b) or (c).Step 2—Identify the classes for the complementary layerStructural group 1 (Rainforests and vine thickets): complementary layer comprised of ground layer and other lifeforms(a) Complementary layer class A – close to reference:(i) cover of non-native species in the ground layer is <5% of total ground layer plant cover; and(ii) native species richness index for life forms other than trees is >75%.(b) Complementary layer class B – modified:(i) ground layer does not satisfy (a); and(ii) cover of non-native species in the ground layer is <50% of total ground layer plant cover; and(iii) native species richness index for life forms other than trees is >25%.(c) Complementary class C – highly modified:(i) does not satisfy (a) or (b); and(ii) native species richness index for life forms other than trees is > 5%; and(iii) cover of native species in ground layer is ≥25% of total ground layer plant cover.(d) Complementary class D – transformed:(i) does not satisfy (a), (b) or (c).Structural group 2 (Open forests to open woodlands): complementary layer comprised of ground layer and shrub layer(a) Complementary class A – close to reference:(i) cover of non-native species in the ground layer is <5% of total ground layer plant cover; and(ii) cover of non-native species in the shrub layer is <5% of total shrub cover; and(iii) native species richness index of lifeforms other than trees >75%.(b) Complementary class B – modified:(i) does not satisfy (a); and(ii) cover of non-native species in the ground layer is <50% of total ground layer plant cover; and(iii) cover of non-native species in the shrub layer is <50% of total shrub cover; and(iv) native species richness index of lifeforms other than trees >25%.(c) Complementary class D – transformed:(i) does not satisfy (a) or (b); and(ii) either:(A) the cover of native species in ground layer is <25% of total ground layer plant cover; or(B) shrub cover is >25% of reference shrub cover, and cover of non-native species in the shrub layer is >75% of total shrub cover.(d) Complementary class C – highly modified:(i) does not satisfy (a), (b) or (c).Structural group 3 (Shrublands): Complementary layer comprised of ground layer and emergent trees(a) Complementary class A – close to reference:(i) cover of non-native species in the ground layer is <5% of total ground layer plant cover; and(ii) cover and height of native trees are >75% of reference (where applicable) and cover from non-native trees is <5% of total tree cover; and(iii) native species richness index (for all lifeforms) >75%.(b) Complementary class B – modified:(i) does not satisfy (a); and(ii) cover of non-native species in the ground layer is <50% of total ground layer plant cover; and(iii) cover and height of native trees are >25% of reference (where applicable) and cover from non-native trees is <50% of total tree cover; and(iv) native species richness index (all lifeforms) >25%.(c) Complementary class C – highly modified:(i) does not satisfy (a) or (b); and(ii) is not an improved pasture; and(iii) native species richness index >5%; and(iv) cover of native species in ground layer >25% of total ground layer plant cover; and(v) if cover of native trees is >25% of reference (where applicable) then cover from non-native trees is <75% of total tree cover.(d) Complementary class D – transformed:(i) Does not satisfy (a), (b) or (c).Structural group 4 (Grasslands and herbfields): complementary layer comprised of emergent trees and shrubs(a) Complementary class A – close to reference:(i) cover from non-native trees and shrubs is <5% of total tree layer and shrub layer cover; and(ii) cover of native trees and shrubs are >75% of reference (where applicable); and(iii) native species richness index for trees and shrubs (combined, and where applicable) >75%.(b) Complementary class B – modified:(i) does not satisfy (a); and(ii) cover of native trees and shrubs are >25% of reference (where applicable); and(iii) cover from non-native emergent trees is <50% of total tree layer cover; and(iv) cover from non-native emergent shrubs is <50% of total shrub layer cover; and(v) native species richness index for trees and shrubs (combined, and where applicable) >25%.(c) Complementary class C – highly modified:(i) does not satisfy (a) or (b); and(ii) has native species richness index for trees and shrubs >5%; and(iii) if tree layer cover is >25% of reference (where applicable), cover of native species in the tree layer is >25% of total tree layer cover; and(iv) if shrub layer cover is >25% of reference (where applicable), cover of native species in the shrub layer is >25% of total shrub layer cover.(d) Complementary class D – transformed:(i) does not satisfy (a), (b) or (c).Step 3—Assign the state using the combination of defining and complementary condition classes for the relevant MVG structural groupAssign the activity area to an ecosystem condition state by looking up the combination of defining and complementary condition classes for the relevant MVG structural group in Tables 1 to 4 below.Tables 1 – 4: Starting ecosystem condition states based on condition classes for defining and complementary layersTable 1: Structural group 1 (Rainforests and vine thickets):Condition states based on condition classes for defining layer (tree layer) and complementary layer (ground layer and other lifeforms)Tree layer class A | Tree layer class B | Tree layer class C | Tree layer class D | Tree layer class EComplementary layer class A | 1.1 Close to reference tree layer and complementary layers | 1.2 Modified tree layer with close to reference complementary layers | 1.3 Recovering highly modified tree layer with close to reference complementary layers | 1.4 Sparse/absent highly modified tree layer with close to reference complementary layers | No classComplementary layer class B | 1.5 Close to reference tree layer with modified complementary layers | 1.6 Modified tree layer with modified complementary layers | 1.7 Recovering highly modified tree layer with modified complementary layers | 1.8 Sparse/absent highly modified tree layer with modified complementary layers | 1.9 Transformed tree layer with modified complementary layersComplementary layer class C | 1.10 Close to reference tree layer with highly modified complementary layers | 1.11 Modified tree layer with highly modified complementary layers | 1.12 Recovering highly modified tree layer with highly modified complementary layers | 1.13 Sparse/absent highly modified tree layer with highly modified complementary layers | 1.14 Transformed tree layer with highly modified complementary layersComplementary layer class D | 1.15 Close to reference tree layer with transformed complementary layers | 1.16 Modified tree layer with transformed complementary layers | 1.17 Recovering highly modified tree layer with transformed complementary layers | 1.18 Sparse/absent highly modified tree layer with transformed complementary layers | 1.19 Transformed tree layer with transformed complementary layersTable 2: Structural group 2 (Open forests to open woodlands):Condition states based on condition classes for defining layer (tree layer) and complementary layer (ground layer and shrub layer)Tree layer class A | Tree layer class B | Tree layer class C | Tree layer class D | Tree layer class EComplementary layer class A | 2.1 Close to reference tree and complementary layers | 2.2 Modified tree layer with close to reference complementary layers | 2.3 Recovering highly modified tree layer with close to reference complementary layers | 2.4 Sparse/absent highly modified tree layer with close to reference complementary layers | No classComplementary layer class B | 2.5 Close to reference tree layer with modified complementary layers | 2.6 Modified tree layer with modified complementary layers | 2.7 Recovering highly modified tree layer with modified complementary layers | 2.8 Sparse/absent highly modified tree layer with modified complementary layers | 2.9 Transformed tree layer with modified complementary layersComplementary layerclass C | 2.10 Close to reference tree layer with highly modified complementary layers | 2.11 Modified tree layer with highly modified complementary layers | 2.12 Recovering highly modified tree layer with highly modified complementary layers | 2.13 Sparse/absent highly modified tree layer with highly modified complementary layers | 2.14 Transformed tree layer with highly modified complementary layersComplementary layerclass D | 2.15 Close to reference tree layer with transformed complementary layers | 2.16 Modified tree layer with transformed complementary layers | 2.17 Recovering highly modified tree layer with transformed complementary layers | 2.18 Sparse/absent highly modified tree layer with transformed complementary layers | 2.19 Transformed tree layer with transformed complementary layersTable 3: Structural group 3 (Shrublands):Condition states based on condition classes for defining layer (shrub layer) and complementary layer (ground layer and emergent trees)Shrub layer class A | Shrub layer class B | Shrub layer class C | Shrub layer class D | Shrub layer class EComplementary layer class A | 3.1 Close to reference shrub layer and complementary layers | 3.2 Modified shrub layer with close to reference complementary layers | 3.3 Recovering highly modified shrub layer with close to reference complementary layers | 3.4 Sparse/absent highly modified shrub layer with close to reference complementary layers | No classComplementary layer class B | 3.5 Close to reference shrub layer with modified complementary layers | 3.6 Modified shrub layer with modified complementary layers | 3.7 Recovering highly modified shrub layer with modified complementary layers | 3.8 Sparse/absent highly modified shrub layer with modified complementary layers | 3.9 Transformed shrub layer with modified complementary layersComplementary layer class C | 3.10 Close to reference shrub layer with highly modified complementary layers | 3.11 Modified shrub layer with highly modified complementary layers | 3.12 Recovering highly modified shrub layer with highly modified complementary layers | 3.13 Sparse/absent highly modified shrub layer with highly modified complementary layers | 3.14 Transformed shrub layer with highly modified complementary layersComplementary layer class D | 3.15 Close to reference shrub layer with transformed complementary layers | 3.16 Modified shrub layer with transformed complementary layers | 3.17 Recovering highly modified shrub layer with transformed complementary layers | 3.18 Sparse/absent highly modified shrub layer with transformed complementary layers | 3.19 Transformed shrub layer with transformed complementary layersTable 4: Structural group 4 (Grasslands and herbfields):Condition states based on condition classes for defining layer (ground layer) and complementary layer (emergent trees and shrubs)Ground layer class A | Ground layer class B | Ground layer class C | Ground layer class DComplementary layer class A | 4.1 Close to reference ground layer and complementary layers | 4.2 Modified ground layer with close to reference complementary layers | 4.3 Highly modified ground layer with close to reference complementary layers | 4.4 Transformed ground layer with close to reference complementary layersComplementary layer class B | 4.5 Close to reference ground layer with modified complementary layers | 4.6 Modified ground layer with modified complementary layers | 4.7 Highly modified ground layer with modified complementary layers | 4.8 Transformed ground layer with modified complementary layersComplementary layer class C | 4.9 Close to reference ground layer with highly modified complementary layers | 4.10 Modified ground layer with highly modified complementary layers | 4.11 Highly modified ground layer with highly modified complementary layers | 4.12 Transformed ground layer with highly modified complementary layersComplementary layer class D | 4.13 Close to reference ground layer with transformed complementary layers | 4.14 Modified ground layer with transformed complementary layers | 4.15 Highly modified ground layer with transformed complementary layers | 4.16 Transformed ground layer with transformed complementary layersTables 5-8: Lower bound of indicators for ecosystem condition statesThe following 4 tables provide the lower bound of indicators for ecosystem condition states (the lower bound is furthest from reference) for defining layer and complementary layers, grouped by MVG structural group. The lower bound is the transition point between ecosystem states for the purposes of the ENV method. The lower bound values must be considered when establishing forecast values for indicators of ecosystem condition (paragraph 61(2)(a)) and for setting ecosystem condition threshold values (63(c)).Table 5: Lower bound of indicators for ecosystem condition states (the lower bound is furthest from reference) for defining layer (tree layer) and complementary layer (ground layer and other lifeforms) – MVG structural group 1 (Rainforests and vine thickets)State name in ENV method | Tree layer class A | Tree layer class B | Tree layer class C | Tree layer class D | Tree layer class EState name in MVG template | Close to reference tree layer | Modified tree layer | Recovering tree layer | Sparse/Absent tree layer | Transformed tree layerIndicatorCanopy height of native tree layer (m) | >75% of reference | >25% of reference | >5% of reference | variable | variableDensity of large trees | >75% of reference | >25% of reference | variable | variable | variableCrown cover of native plants in tree layer (%) | >75% of reference | >25% of reference | >25% of reference | variable | variable, total cover of tree layer is >25% of referenceCrown cover of non-native plants in tree layer (%) | <5% of total cover | <50% of total cover | <75% of total cover | <75% of total cover | ≥75% of total coverRecruitment of species from native tree layer | >75% | >25% | >25% | variable | variableNative species richness index for tree life form | >75% | >25% | >25% | variable | variableState name in ENV method | Complementary layer class A | Complementary layer class B | Complementary layer class C | Complementary layer class DState name in MVG template | Close to reference shrub/ground layer | Modified shrub/ground layer | Highly modified shrub/ground layer | Transformed shrub/ground layerCrown cover of native plants in shrub layer (%) | >75% of reference | >25% of reference | variable | variableCrown cover of non-native plants in shrub layer (%) | <5% | <50% of total cover | <75% of total cover | variableGround cover of native plants (A1, A2 and A3) as proportion of total ground cover from cat. A plants | >95% | >50% | <75% | variableGround cover of non-native (A 4 and A5) as proportion of total ground cover from cat. A plants | <5% | <50% | <75% | variableNative species richness index for life forms other than trees | >75% | >25% | >5% | variableTable 6: Lower bound of indicators for ecosystem condition states (the lower bound is furthest from reference) for defining layer (tree layer) and complementary layer (ground layer and shrub)– MVG structural group 2 (Open forests to open woodlands)State name in ENV method | Tree layer class A | Tree layer class B | Tree layer class C | Tree layer class D | Tree layer class EState name in MVG template | Close to reference tree layer | Modified tree layer | Recovering tree layer | Sparse/Absent tree layer | Transformed tree layerIndicatorCanopy height of native tree layer (m) | >75% of reference | >25% of reference | >5% of reference | variable | variableDensity of large trees | >75% of reference | >25% of reference | variable | variable | variableCrown cover of native plants in tree layer (%) | >75% of reference | >25% of reference | >25% of reference | variable | variable, total cover of tree layer is >25% of referenceCrown cover of non-native plants in tree layer (%) | <5% of total cover | <50% of total cover | <75% of total cover | <75% of total cover | ≥75% of total coverRecruitment of species from native tree layer | >75% | >25% | >25% | variable | variableNative species richness index for tree life form | >75% | >25% | >25% | variable | variableState name in ENV method | Complementary layer class A | Complementary layer class B | Complementary layer class C | Complementary layer class DState name in MVG template | Close to reference shrub/ground layer | Modified shrub/ground layer | Highly modified shrub/ground layer | Transformed shrub/ground layerCrown cover of native plants in shrub layer (%) | >75% of reference | >25% of reference | variable | variableCrown cover of non-native plants in shrub layer (%) | <5% | <50% of total cover | <75% of total cover | variableGround cover of native plants (A1, A2 and A3) as proportion of total ground cover from cat. A plants | >95% | >50% | <75% | variableGround cover of non-native (A 4 and A5) as proportion of total ground cover from cat. A plants | <5% | <50% | <75% | variableNative species richness index for life other than trees | >75% | >25% | >5% | variableTable 7: Lower bound of indicators for ecosystem condition states (the lower bound is furthest from reference) for defining layer (shrub layer) and complementary layer (ground layer and emergent trees)- MVG structural group 3 (Shrublands)State name in ENV method | Shrub layer class A | Shrub layer class B | Shrub layer class C | Shrub layer class D | Shrub layer class EState name in MVG template | Close to reference shrub layer | Modified shrub layer | Recovering shrub layer | Sparse/Absent shrub layer | Transformed shrub layerIndicatorCanopy height of native shrub layer (m) | >75% of reference | >25% of reference | >5% of reference | variable | variableCrown cover of native plants in shrub layer (%) | >75% of reference | >25% of reference | >25% of reference | variable | variableCrown cover of non-native plants in shrub layer (%) | <5% of total cover | <50% of total cover | <75% of total cover | <75% of total cover | >75% of total cover and >25% of reference total canopy coverRecruitment of species from native shrub layer | >75% | >25% | >25% | variable | variableNative species richness index for shrub life form | >75% | >25% | >25% | variable | variableState name in ENV method | Complementary layer class A | Complementary layer class B | Complementary layer class C | Complementary layer class DState name in MVG template | Close to reference tree/ground layer | Modified tree/ground layer | Highly modified tree/ground layer | Transformed tree/ground layerGround cover of native plants (A1, A2 and A3) as proportion of total ground cover from cat. A plants | >95% | >50% | <75% | variableGround cover of non-native (A 4 and A5) as proportion of total ground cover from cat. A plants | <5% | <50% | <75% | variableCrown cover of native plants in the tree layer (as a percentage, only applies if reference ecosystem features emergent trees) | >75% of reference | >25% of reference | variable | variableCrown cover of non-native plants in the tree layer as a percentage of total tree layer cover | <5% | <50% of total cover | <75% of total cover | variableNative species richness index for life forms other than shrubs | >75% | >25% | >5% | variableTable 8: Lower bound of indicators for ecosystem condition states (the lower bound is furthest from reference) for defining layer (ground layer) and complementary layer (emergent trees and shrubs)- MVG structural group 4 (Grasslands)State name in ENV method | Ground layer class A | Ground layer class B | Ground layer class C | Ground layer class DState name in MVG template | Close to reference ground layer | Modified ground layer | Highly modified ground layer | Transformed ground layerIndicatorGround cover of native plants (A1, A2 and A3) as proportion of total ground cover from cat. A plants | >75% of reference | >25% of reference | variable | variableGround cover of A1a as proportion of total ground cover from cat. A plants | >50% of reference | variable | variable | variableGround cover of non-native (A 4 and A5) as proportion of total ground cover from cat. A plants | <5% | <50% | <75% | variableNative species richness index for life forms other than trees and shrubs | >75% of reference | >25% | >5% | variableState name in ENV method | Complementary layer class A | Complementary layer class B | Complementary layer class C | Complementary layer class DState name in MVG template | Close to reference tree/shrub layer | Modified tree/shrub layer | Highly modified tree/shrub layer | Transformed tree/shrub layerCrown cover of native plants in the tree layer (as a percentage, only applies if reference ecosystem features emergent trees) | >75% of reference | >25% of reference | variable | variableCrown cover of native plants in the shrub layer (as a percentage, only applies if reference ecosystem features a shrub layer) | >75% of reference | >25% of reference | variable | variableCrown cover of non-native plants in the tree layer as a percentage of total tree layer cover | <5% of total cover | <50% of total cover | variable, but <75% of total cover in either tree or shrub layer | variableCrown cover of non-native plants in the shrub layer, as a percentage of total shrub layer cover<5%of total cover<50% of total covervariable, but <75% of total cover in either tree or shrub layervariableNative species richness index for tree and shrub life forms (combined) | >75% | >25% | >5% | variableSchedule 6—Permitted restoration target states for MVG structural groups1 Purpose of Schedule(1) This Schedule sets out how to determine which ecosystem condition states are permissible as restoration target states for an activity area, given its current condition, for the purposes of subsection 59(2).2 Permitted restoration target statesFor an activity area with the starting ecosystem condition state mentioned in an item in column 1 of one of the following tables, an ecosystem condition state mentioned in column 2, 3 or 4 of the item is a permitted restoration target state, and has the transition type indicated.3 Table: Permitted restoration target states for MVG structural group 1 (Rainforests and vine thickets)Starting ecosystem condition state | Permitted restoration target stateNo state change (M1 & M2) | Type 1 transition (E1) | Type 2 transition (E2)1.1 Close to reference tree layer and complementary layers | M1 | - | -1.2 Modified tree layer with close to reference complementary layers | M1 | 1.1 | -1.3 Recovering highly modified tree layer with close to reference complementary layers | - | 1.2 | -1.4 Sparse/absent highly modified tree layer with close to reference complementary layers | - | 1.2, 1.3 | -1.5 Close to reference tree layer with modified complementary layers | M1 | - | 1.11.6 Modified tree layer with modified complementary layers | M1 | 1.5 | 1.1, 1.21.7 Recovering highly modified tree layer with modified complementary layers | - | 1.6 | 1.21.8 Sparse/absent highly modified tree layer with modified complementary layers | - | 1.6, 1.7 | 1.3, 1.41.9 Transformed tree layer with modified complementary layers | - | 1.7 | 1.2, 1.3, 1.4, 1.61.10 Close to reference tree layer with highly modified complementary layers | M2 | - | 1.1, 1.51.11 Modified tree layer with highly modified complementary layers | M2 | 1.10 | 1.5, 1.61.12 Recovering highly modified tree layer with highly modified complementary layers | - | 1.11 | 1.6, 1.101.13 Sparse/absent highly modified tree layer with highly modified complementary layers | - | 1.11, 1.12 | 1.6, 1.71.14 Transformed tree layer with highly modified complementary layers | - | 1.12 | 1.6, 1.7, 1.111.15 Close to reference tree layer with transformed complementary layers | - | - | 1.5, 1.101.16 Modified tree layer with transformed complementary layers | - | 1.15 | 1.6, 1.10, 1.111.17 Recovering highly modified tree layer with transformed complementary layers | - | 1.16 | 1.111.18 Sparse/absent highly modified tree layer with transformed complementary layers | - | 1.16, 1.17 | 1.11, 1.121.19 Transformed tree layer with transformed complementary layers | - | 1.17 | 1.11, 1.12, 1.164 Table: Permitted restoration target states for MVG structural group 2 (Open forests to open woodlands)Starting ecosystem condition state | Permitted restoration target stateNo state change (M1 & M2) | Type 1 transition (E1) | Type 2 transition (E2)2.1 Close to reference tree layer and complementary layers | M1 | - | -2.2 Modified tree layer with close to reference complementary layers | M1 | 2.1 | -2.3 Recovering highly modified tree layer with close to reference complementary layers | - | 2.2 | -2.4 Sparse/absent highly modified tree layer with close to reference complementary layers | M1 | 2.2, 2.3 | -2.5 Close to reference tree layer with modified complementary layers | M1 | - | 2.12.6 Modified tree layer with modified complementary layers | M1 | 2.5 | 2.1, 2.22.7 Recovering highly modified tree layer with modified complementary layers | - | 2.6 | 2.22.8 Sparse/absent highly modified tree layer with modified complementary layers | M2 | 2.6, 2.7 | 2.2, 2.3, 2.42.9 Transformed tree layer with modified complementary layers | - | 2.7, 2.8 | 2.2, 2.3, 2.4, 2.62.10 Close to reference tree layer with highly modified complementary layers | M2 | - | 2.52.11 Modified tree layer with highly modified complementary layers | M2 | 2.10 | 2.5, 2.62.12 Recovering highly modified tree layer with highly modified complementary layers | - | 2.11 | 2.62.13 Sparse/absent highly modified tree layer with highly modified complementary layers | - | 2.11, 2.12 | 2.6, 2.7, 2.82.14 Transformed tree layer with highly modified complementary layers | - | 2.12 | 2.6, 2.7, 2.8, 2.112.15 Close to reference tree layer with transformed complementary layers | - | - | 2.5, 2.102.16 Modified tree layer with transformed complementary layers | - | 2.15 | 2.6, 2.10, 2.112.17 Recovering highly modified tree layer with transformed complementary layers | - | 2.16 | 2.6, 2.112.18 Sparse/absent highly modified tree layer with transformed complementary layers | - | 2.16, 2.17 | 2.6, 2.112.19 Transformed tree layer with transformed complementary layers | - | 2.17 | 2.11, 2.12, 2.165 Table: Permitted restoration target states for MVG structural group 3(Shrublands)Starting ecosystem condition state | Permitted restoration target stateNo state change (M1 & M2) | Type 1 transition (E1) | Type 2 transition (E2)3.1 Close to reference shrub layer and complementary layers | M1 | - | -3.2 Modified shrub layer with close to reference complementary layers | M1 | 3.1 | -3.3 Recovering highly modified shrub layer with close to reference complementary layers | - | 3.2 | -3.4 Sparse/absent highly modified shrub layer with close to reference complementary layers | M2 | 3.2, 3.3 | -3.5 Close to reference shrub layer with modified complementary layers | M1 | - | 3.13.6 Modified shrub layer with modified complementary layers | M1 | 3.5 | 3.1, 3.23.7 Recovering highly modified shrub layer with modified complementary layers | - | 3.6 | 3.23.8 Sparse/absent highly modified shrub layer with modified complementary layers | - | 3.6, 3.7 | 3.3, 3.43.9 Transformed shrub layer with modified complementary layers | - | 3.6, 3.7, 3.8 | 3.2, 3.3, 3.43.10 Close to reference shrub layer with highly modified complementary layers | M1 | - | 3.53.11 Modified shrub layer with highly modified complementary layers | M2 | 3.10 | 3.5, 3.63.12 Recovering highly modified shrub layer with highly modified complementary layers | - | 3.11 | 3.63.13 Sparse/absent highly modified shrub layer with highly modified complementary layers | - | 3.11, 3.12 | 3.6, 3.7, 3.83.14 Transformed shrub layer with highly modified complementary layers | - | 3.11, 3.12, 3.13 | 3.6, 3.7, 3.83.15 Close to reference shrub layer with transformed complementary layers | - | - | 3.5, 3.103.16 Modified shrub layer with transformed complementary layers | - | 3.15 | 3.10, 3.113.17 Recovering highly modified shrub layer with transformed complementary layers | - | 3.16 | 3.6, 3.113.18 Sparse/absent highly modified shrub layer with transformed complementary layers | - | 3.16, 3.17 | 3.6, 3.7, 3.11, 3.123.19 Transformed shrub layer with transformed complementary layers | - | 3.17 | 3.11, 3.12, 3.166 Table: Permitted restoration target states for MVG structural group 4 (Grasslands and herbfields)Starting ecosystem condition state | Permitted restoration target stateNo state change (M1 & M2) | Type 1 transition (E1) | Type 2 transition (E2)4.1 Close to reference ground layer and complementary layers | M1 | - | -4.2 Modified ground layer with close to reference complementary layers | M1 | - | 4.14.3 Highly modified ground layer with close to reference complementary layers | M2 | - | 4.24.4 Transformed ground layer with close to reference complementary layers | - | - | 4.2, 4.34.5 Close to reference ground layer with modified complementary layers | M1 | 4.1 | -4.6 Modified ground layer with modified complementary layers | M2 | 4.2 | 4.1, 4.54.7 Highly modified ground layer with modified complementary layers | - | 4.3 | 4.2, 4.64.8 Transformed ground layer with modified complementary layers | - | 4.4 | 4.3, 4.74.9 Close to reference ground layer with highly modified complementary layers | M1 | 4.5 | 4.14.10 Modified ground layer with highly modified complementary layers | M2 | 4.6 | 4.2, 4.5, 4.94.11 Highly modified ground layer with highly modified complementary layers | - | 4.7 | 4.2, 4.3, 4.6, 4.104.12 Transformed ground layer with highly modified complementary layers | - | 4.8 | 4.3, 4.4, 4.7, 4.114.13 Close to reference ground layer with transformed complementary layers | M2 | 4.9 | 4.54.14 Modified ground layer with transformed complementary layers | M2 | 4.10 | 4.5, 4.6, 4.9, 4.134.15 Highly modified ground layer with transformed complementary layers | - | 4.11 | 4.6, 4.7, 4.10, 4.144.16 Transformed ground layer with transformed complementary layers | - | 4.12 | 4.7, 4.8, 4.11, 4.15Schedule 7—Ecosystem condition threshold values1 Purpose of Schedule(1) This Schedule sets out the threshold values:(a) against which each of the indicators of ecosystem condition of each activity area must be assessed in biodiversity reports; and(b) which must be reached by each of those indicators in order for a biodiversity certificate to be issued, in accordance with section 88.2 Threshold values for ecosystem condition(1) The threshold values of the indicators of ecosystem condition that apply to each MVG structural group and specified for each transition type M1, M2, E1 and E2, are expressed in relation to initial values and benchmark values, as a percentage of total cover, or the lower bound of indicators for ecosystem condition states (the lower bound is furthest from reference). Threshold values for each indicator of ecosystem condition, for each activity area, must be set in accordance with the table below.(2) In this Schedule;(a) the initial value for an indicator in relation to an activity area is the starting value of the indicator in the activity area; and(b) the lower threshold for an indicator in relation to an activity area is the lower bound for that indicator for the relevant restoration target state as set out in tables 5 to 8 of Schedule 5.Table 1: Ecosystem condition threshold values for MVG structural group 1 (Rainforests and vine thickets)Indicator | M1 | M2 | E1 | E2Canopy height of native tree layer (in metres) | ≥ the larger of either:90% of initial value; orthe lower threshold for the target state | ≥ initial value | ≥5% above lower threshold for the target state (e.g. ≥30% or ≥80% of reference if the threshold for target state is 25% or 75%) | ≥ lower threshold for the target state (e.g. ≥25% or ≥75% of reference, depending on the target state)Crown cover from native plants in the tree layer (as a percentage) | ≥ the larger of either:75% of initial value; orthe lower threshold for the target state | ≥ initial value | ≥5% above lower threshold for the target state | ≥ lower threshold for the target stateDensity of large trees | ≥ the larger of either:75% of initial value; orthe lower threshold for the target state | ≥ initial value | ≥ lower threshold for the target state | ≥ lower threshold for the target stateNon-native crown cover in the tree layer, as a percentage of total tree layer cover | ≥ the larger of either:5% of total cover; or50% of the initial non-native percentage of total tree layer cover | ≥ the larger of either:5% of total cover; or50% of the initial non-native percentage of total tree layer cover | ≤ the smaller of either:the lower threshold for the target state; or the initial value | ≤ the smaller of either:the lower threshold for the target state; or the initial valueNon-native crown cover in the shrub layer, as a percentage of total shrub layer cover | ≥ the larger of either:5% of total cover; or50% of the initial non-native percentage of total shrub layer cover | ≥ the larger of either:5% of total cover; or50% of the initial non-native percentage of total shrub layer cover | ≤ the smaller of either:the lower threshold for the target state; or the initial value | ≤ the smaller of either:the lower threshold for the target state; or the initial valueGround cover from sub-category A4 and A5 (non-native) plants as a proportion of total ground cover from category A plants. | ≥ the larger of either:5% of total ground layer plant cover; or50% of the initial non-native percentage of total ground layer plant cover | ≥ the larger of either:5% of total ground layer plant cover; or50% of the initial non-native percentage of total ground layer plant cover | ≤ the smaller of either:the lower threshold for the target state; or the initial value | ≤ the smaller of either:the lower threshold for the target state; or the initial valueRecruitment of species from tree layer | ≥ initial value | ≥ 33% of reference | ≥ lower threshold for the target state | ≥ lower threshold for the target stateNative species richness index for tree life form | ≥ the larger of either:90% of initial value: orthe lower threshold for the target state | ≥ initial value | ≥ lower threshold for the target state | ≥ lower threshold for the target stateNative species richness index for lifeforms other than trees | ≥ the larger of either:90% of initial value; orthe lower threshold for the target state | ≥ initial value | ≥ lower threshold for the target state | ≥ lower threshold for the target stateTable 2: Ecosystem condition threshold values for MVG structural group 2 (Open forests to open woodlands)Indicator | M1 | M2 | E1 | E2Canopy height of native tree layer (in metres) | ≥ the larger of either:90% of initial value; orthe lower threshold for the target state | ≥ initial value | ≥ 5% above lower threshold for the target state (e.g. ≥30% of reference, or ≥80% of reference, if the threshold for target state is 25% or 75%) | ≥ lower threshold for the target state (e.g. ≥25% of reference, or ≥75% of reference, depending on the target state)Crown cover from native plants in the tree layer (as a percentage) | ≥ the larger of either:75% of initial value; orthe lower threshold for the target state | ≥ initial value | ≥5% above lower threshold for the target state | ≥ lower threshold for the target stateDensity of large trees | ≥ the larger of either:75% of initial value; orthe lower threshold for the target state | ≥ initial value | ≥ lower threshold for the target state | ≥ lower threshold for the target stateCrown cover from native plants in the shrub layer (as a percentage) | ≥ the larger of either:75% of initial value; orthe lower threshold for the target state | ≥ initial value | ≥50% of reference for relevant reference ecosystem | ≥50% of reference for relevant reference ecosystemCrown cover from non-native plants in the tree layer, as a percentage of total tree layer cover | ≥ the larger of:5% of total cover; or50% of the initial non-native percentage of total tree layer cover | ≥ the larger of either:5% of total cover; or50% of the initial non-native percentage of total tree layer cover | ≤ the smaller of:the lower threshold for the target state; orthe initial value | ≤ the smaller of:the lower threshold for the target state; orthe initial valueCrown cover from non-native plants in the shrub layer, as a percentage of total shrub cover | ≥ the larger of:5% of total cover; or50% of the initial non-native percentage of total shrub layer cover | ≥ the larger of:5% of total cover; or50% of the initial non-native percentage of total shrub layer cover | ≤ the smaller of:the lower threshold for the target state; orthe initial value | ≤ the smaller of:the lower threshold for the target state; orthe initial valueGround cover from sub-category A4 and A5 (non-native) plants as a proportion of total ground cover from category A plants. | ≥ the larger of:5% of total cover; or50% of the initial non-native percentage of total ground layer plant cover | ≥ the larger of:5% of total cover; or50% of the initial non-native percentage of total ground layer plant cover | ≤ the smaller of:the lower threshold for the target state; orthe initial value | ≤ the smaller of either:the lower threshold for the target state; orthe initial valueRecruitment of species from tree layer | ≥ initial value | ≥ 33% of reference | ≥ lower threshold for the target state | ≥ lower threshold for the target stateNative species richness index (all lifeforms combined: tree, shrub, vine, grass and herbaceous vascular plant species other than grasses) | ≥ the larger of either:90% of initial value; orThe lower threshold for the target state | ≥ initial value | ≥ lower threshold for the target state | ≥ lower threshold for the target stateTable 3: Ecosystem condition threshold values for MVG structural group 3 (Shrublands)Indicator | M1 | M2 | E1 | E2Shrub layer canopy height (in metres) | ≥ the larger of either:90% of initial value; orthe lower threshold for the target state | ≥ initial value | ≥5% above lower threshold for the target state (e.g. ≥30% of reference, or ≥80% of reference, if the threshold for target state is 25% or 75%) | ≥ lower threshold for the target state (e.g. ≥25% of reference, or ≥75% of reference, depending on the target state)Crown cover of native plants in the shrub layer (defining layer), as a percentage | ≥ the larger of either:75% of initial value; orthe lower threshold for the target state | ≥ initial value | ≥5% above lower threshold for the target state | ≥ lower threshold for the target stateCrown cover from non- native plants in the shrub layer (defining layer), as a percentage of total shrub layer cover | ≥ the larger of:5% of total cover; or50% of the initial non-native percentage of total shrub layer cover | ≥ the larger of:5% of total cover; or50% of the initial non-native percentage of total shrub layer cover | ≤ the smaller of:the lower threshold for the target state; orthe initial value | ≤ the smaller of:the lower threshold for the target state; orthe initial valueRecruitment of species from shrub layer | ≥ initial value | ≥33% of reference | ≥ lower threshold for the target state | ≥ lower threshold for the target stateGround cover from sub-category A4 and A5 (non-native) plants as a proportion of total ground cover from category A plants | ≥ the larger of:5% of total cover; or50% of the initial non-native percentage of total ground layer plant cover | ≥ the larger of:5% of total cover; or50% of the initial non-native percentage of total ground layer plant layer cover | ≤ the smaller of:the lower threshold for the target state; orthe initial value | ≤ the smaller of:the lower threshold for the target state; orthe initial valueCrown cover from native plants in the tree layer (as a percentage, only applies if reference ecosystem features an emergent tree layer) | ≥ the larger of either:75% of initial value; orthe lower threshold for the target state | ≥ initial value | ≥5% above lower threshold for the target state | ≥ lower threshold for the target stateCrown cover of non-native plants in the tree layer (as a percentage of total cover in the tree layer) | ≥ the larger of:5% of total emergent tree layer cover; or50% of the initial non-native percentage of total emergent tree layer cover | ≥ the larger of:5% of total emergent tree layer cover; or50% of the initial non-native percentage of total emergent tree layer cover | ≤ lower threshold for the target state | ≤ lower threshold for the target stateNative species richness index (all lifeforms combined: tree, shrub, vine, grass and herbaceous vascular plant species other than grasses) | ≥ the larger of either:90% of initial value; orthe lower threshold for the target state | ≥ initial value | ≥ lower threshold for the target state | ≥ lower threshold for the target stateTable 4: Ecosystem condition threshold values for MVG structural group 4 (Grasslands and herbfields)Indicator | M1 | M2 | E1 | E2Ground cover from sub-category A4 and A5 (non-native) plants as a proportion of total ground cover from category A plants. | ≥ the larger of:5% of total cover; or50% of the initial non-native percentage of total ground layer plant cover | ≥ the larger of:5% of total cover; or50% of the initial non-native percentage of total ground layer plant layer cover | ≤ the smaller of:the lower threshold for the target state; orthe initial value | ≤ the smaller of:the lower threshold for the target state; orthe initial valueCrown cover of native plants in the tree layer (as a percentage, only applies if reference ecosystem features emergent trees) | ≥ the larger of either:75% of initial value; orthe lower threshold for the target state | ≥75% of initial value | ≥ lower threshold for the target state | ≥ lower threshold for the target stateCrown cover of native plants in the shrub layer (as a percentage, only applies if reference ecosystem features a shrub layer) | ≥ the larger of either:75% of initial value; orthe lower threshold for the target state | ≥75% of initial value | ≥ lower threshold for the target state | ≥ lower threshold for the target stateCrown cover of non-native plants in the tree layer, as a percentage of total tree layer cover | ≥ the larger of:5% of total cover; or50% of the initial non-native percentage of total ground layer plant cover | ≥ the larger of:5% of total cover; or50% of the initial non-native percentage of total ground layer plant layer cover | ≤ the smaller of:the lower threshold for the target state; orthe initial value | ≤ the smaller of:the lower threshold for the target state; orthe initial valueCrown cover of non-native plants in the shrub layer, as a percentage of total shrub layer cover | ≥ the larger of:5% of total cover; or50% of the initial non-native percentage of total ground layer plant cover | ≥ the larger of:5% of total cover; or50% of the initial non-native percentage of total ground layer plant layer cover | ≤ the smaller of:the lower threshold for the target state; orthe initial value | ≤ the smaller of:the lower threshold for the target state; orthe initial valueNative species richness index (all lifeforms combined: tree, shrub, vine, grass and herbaceous vascular plant species other than grasses) | ≥ the larger of either:90% of initial value; orthe lower threshold for the target state | ≥ initial value | ≥ lower threshold for the target state | ≥ lower threshold for the target stateSchedule 8—Major Vegetation Groups and MVG structural groupsIn this instrument, MVG structural group and Major Vegetation Group mean the vegetation groups from the NVIS indicated in the following table:MVG structural group | Major Vegetation Groups1. Rainforests and vine thickets | MVG 1 - Rainforests and vine thickets2. Open forests to open woodlands | MVG 2 - Eucalypt tall open forestsMVG 3 - Eucalypt open forestsMVG 4 - Eucalypt low open forestsMVG 5 - Eucalypt woodlandsMVG 6 - Acacia forests and woodlandsMVG 7 - Callitris forests and woodlandsMVG 8 - Casuarina forests and woodlandsMVG 9 - Melaleuca forests and woodlandsMVG 10 - Other forests and woodlandsMVG 11 - Eucalypt open woodlandsMVG 12 - Tropical eucalypt woodlands/grasslandsMVG 13 - Acacia open woodlandsMVG 14 - Mallee woodlands and shrublandsMVG 31 – Other open woodlandsMVG 32 – Mallee open woodlands and sparse mallee shrublands3. Shrublands | MVG 15 - Low closed forests and tall closed shrublandMVG 16 - Acacia shrublandsMVG 17 - Other shrublandsMVG 18 – HeathlandsMVG 22 - Chenopod shrublands, samphire shrublands and forblands4. Grasslands and herbfields | MVG 19 - Tussock grasslandsMVG 20 - Hummock grasslandsMVG 21 - Other grasslands, herblands, sedgelands and rushlandsSchedule 9—Threatened species indicators and scoring1 Purpose of ScheduleThis Schedule sets out how to determine the values of the indicators for the threatened species characteristic, and the values of the threatened species scores.Part 1—The TS ecosystem condition indicators (all relevant threatened species)2 TS ecosystem condition indicatorsFor the purposes of section 14, the value of the TS ecosystem condition indicator for a relevant threatened species in a TS activity area is the same as the value for the ecosystem condition indicator in that activity area.Part 2—Threat management (all relevant threatened species)3 Identifying relevant threats for each threatened speciesNote: See also section 32(1) For each relevant threatened species, a suitably qualified person must:(a) identify the relevant threats to the species for the project; and(b) identify the threat management activities available in relation to each relevant threat; and(c) select the relevant threats that will be managed threats for the relevant threatened species; and(d) for each managed threat, prepare a threat management program.(2) The suitably qualified person must make an assessment as to those threats which will have the most serious impact on the threatened species within the project area (the priority threats).4 Dealing with changes in relevant threats over time(1) If it is found, in preparation for a biodiversity project report or otherwise, that the effect of a managed threat has declined over time, or has ceased (whether or not this is attributable to the effects of threat management activities), in such a way that a reduced level of a threat management activity will still be effective, or the activity is no longer required:(a) the project proponent must state that fact in the biodiversity project report or a notification to the Regulator, and state any proposed reduction in project activities;(b) however, the managed threat will still be included in the calculation of the value of the index or any scores.(2) If it is found, in preparation for a biodiversity project report or otherwise, that the effect of a managed threat has increased over time, so that a threat management activity is no longer effective:(a) the project proponent must state that fact in the biodiversity project report or a notification to the Regulator, and state the proposed changes to the project activities to maintain their effectiveness, or to otherwise mitigate the increase in effect of the threat;(b) however, the managed threat will still be included in the calculation of the value of the index or any scores;(3) If it is found, in preparation for a biodiversity project report or otherwise, that a new relevant threat to a relevant threatened species has arisen:(a) the project proponent must state that fact in the biodiversity project report or a notification to the Regulator, and state any additional project activities proposed to mitigate or address the new relevant threat;(b) however, the new relevant threat will not be included in the calculation of the value of the index or any scores.Part 3—The threat management indicators (flora and fauna species)5 Value of the threat management indicators at a time(1) The proportion of relevant threats that are managed for a particular threatened species that is a threatened flora species or a threatened fauna species, PropRSN at a particular time is given by:(2) The value of the threat management indicator for the relevant threatened flora species or threatened fauna species at that time is given by the following table:Indicator values for the threat management indicator in relation to a threatened species Value: | None | Low | Moderate | High/BenchmarkState of managed threats:PropRSN = 0%(No managed threats)PropRSN is 0 to 33%ANDat least one threat is a managed threatPropRSN is 34 to 66%ANDat least 1 priority threat is a managed threatPropRSN is 67 to 100%ANDall priority threats are managed threatsPart 4—The habitat features indicators (fauna species only)6 Determining whether the habitat features indicator appliesThe habitat features indicator applies in relation to a relevant threatened fauna species unless the suitably qualified person determines that the project area is unsuited for it, with respect to that threatened fauna species.Note: This might be the case, for example, if the threatened fauna species has no identified habitat needs in the statutory conservation planning documentation or other relevant literature, or the reference ecosystem of the project area does not meet the needs identified for all aspects of the species life cycle (eg, if the reference ecosystem is suitable feeding habitat but not roosting habitat).7 Determining the habitat features sub-indicatorsIf the habitat features indicator applies to a relevant threatened species, the suitably qualified person must:(a) determine a set of sub-indicators, based on the habitat requirements of the relevant threatened species (such as for feeding, shelter or breeding), that:(i) can be applied to each TS activity area; and(ii) collectively provide criteria for placing the TS activity areas of the project area in the appropriate category in the table in section 8; and(b) determine the values, or ranges of values, of the sub-indicators for TS activity areas that relate to each category in the table.Note: The guidance material for this instrument will provide a basis for such a determination. It is expected that the sub-indicators will mostly be measurable things (eg, the number of nesting hollows present in an activity area).8 Value of the habitat features indicators and sub-indicators at a time(1) The value of the habitat features sub-indicators for a relevant threatened species and a TS activity area at a particular time, are measured in a TS survey.(2) The value of the habitat features indicator for the relevant threatened species at that time is the value given in the following table that corresponds to a category that is appropriate for the values of the sub-indicators for all the TS activity areas collectively:Indicator values for the habitat features indicator in relation to a threatened fauna speciesValue: | None | Low | Moderate | HighHabitat features: | No feed species and no shelter available | Project area supports few nesting and shelter opportunities and/or sparse vegetation or low prey availability for foraging | Project area supports multiple nesting and shelter opportunities, and/or moderate population and diversity of vegetation or prey available for foraging. | Feed species and shelter available as per reference, or large variety and density of nesting and shelter opportunities, and high population and diversity of vegetation or prey available for foraging.Part 5—Threatened species indicator values—starting, benchmark, threshold and forecast9 Starting values of indicators and sub-indicators(1) For subsections 54(6) and (7), the starting values of the threatened species indicators for each relevant threatened species to which they apply are determined in accordance with this section as at the application date.(2) The starting value for the TS ecosystem condition indicator for the relevant threatened species in a TS activity area is the same as the starting value for the ecosystem condition indicator in that activity area.(3) The starting value for the threat management indicator for the relevant threatened species is the appropriate value given in the table in section 5 of this Schedule.(4) The starting values for the habitat features sub-indicators for the relevant threatened species are the values assessed in the SSA.(5) The starting value for the habitat features indicator for the relevant threatened species is the appropriate value given in the table in section 8 of this Schedule that corresponds to the starting values of the sub-indicators.10 Benchmark values of indicators and sub-indicators(1) For subsections 54(6) and (7), the benchmark values of the threatened species indicators for each relevant threatened species to which they apply are determined in accordance with this section.(2) The benchmark value for the TS ecosystem condition indicator for the relevant threatened species in a TS activity area is the same as the benchmark value for the ecosystem condition indicator in that activity area.(3) The benchmark value for the threat management indicator for the relevant threatened species is the benchmark value given in the table in section 5 of this Schedule.(4) The benchmark values for the habitat features sub-indicators for the relevant threatened species in a TS activity area are set by the suitably qualified person, based on the best available evidence, including relevant statutory conservation planning documentation, and with reference to guidance material.(5) The benchmark value for the habitat features indicator for the relevant threatened species is the appropriate value given in the table in section 8 of this Schedule that corresponds to the benchmark values of the sub-indicators of the TS activity areas.11 Forecast values of indicators and sub-indicatorsThe TS ecosystem condition indicators(1) The forecast value for the TS ecosystem condition indicator for a relevant threatened species in a TS activity area is the same as the forecast value for the ecosystem condition indicator in that activity area.The threat management indicators(2) The forecast value for the threat management indicator for a relevant threatened species is the value given in the table in section 5 of this Schedule that applies to the state of managed threats that the suitably qualified person considers to be the appropriate forecast state as a result of the project activities.(3) The forecast must be supported and justified by evidence including:(a) statutory conservation planning documentations;(b) field data and site-based assessments;(c) justification of selected threat management activities;(d) evidence that identified threats will be managed to the extent that the species benefits; and(e) justification of the proportion of threats to be managed and the effectiveness of proposed management actions.The habitat features indicators(4) The forecast values for the habitat features sub-indicators for a relevant threatened species are set by the suitably qualified person, based on the expected outcomes of project activities and supported by evidence of effectiveness.(5) The forecast values for the habitat features sub-indicators must be supported and justified by evidence including:(a) statutory conservation planning documentation;(b) field data and site-based assessments;(c) justification of selected habitat enhancement activities, and their effectiveness; and(d) evidence that habitat features will be enhanced to the extent that the species benefits;(e) where available and appropriate, scientific literature, technical evidence and established best-practice guidance.(6) The forecast value for the habitat features indicator for the relevant threatened species is the appropriate value given in the table in section 8 of this Schedule that corresponds to the forecast values of the sub-indicators.The indicators collectively(7) For each Type A relevant threatened species, the forecast values must be such that they are consistent with a demonstrable improvement in the viability of the threatened species, including at a minimum, to be reflecting one of the following in each TS activity areas:(a) the ecosystem condition permitted restoration target level (Schedule 6) must be either M2, E1 or E2.(b) the threat management indicator must increase a minimum of one level from the starting value in the table in section 5 of this Schedule.(8) If habitat features sub-indicators for a relevant threatened species are proposed to be augmented by the project, the forecast values of the sub-indicators must correspond to a category in the table in section 8 that is at least one level higher than the starting category.(9) For each Type B relevant threatened species, the forecast values of the TS ecosystem condition indicators for each TS activity area relevant to the species and, where applicable, the threat management indicator and habitat features indicator, must be such that, on the basis of relevant statutory conservation planning documentation and other relevant literature;(a) the project activities will, with high certainty, result in the species inhabiting or using the project area during the permanence period of the ENV project; and(b) for a Type B relevant ecological community—the ecological community would meet the key diagnostic criteria for that threatened ecological community in the project area.Note: This will be reflected by a change in its individual threatened species ecosystem condition score for the activity area as assigned during the SSA.(10) For a Type B relevant threatened species to which the threat management indicator applies, the forecast value must be at least moderate.Forecast change(11) The forecast change in value for each of the TS ecosystem condition indicators for a relevant threatened species in a TS activity area is the same as the forecast change in the value for the corresponding ecosystem condition indicator in that activity area.(12) The suitably qualified person must determine the forecast change in the habitat features indicator and the threat management indicator as the difference between the forecast value of the relevant indicator and the corresponding starting value of the indicator.12 Threshold values of the indicators(1) The threshold value for the TS ecosystem condition indicator for a relevant threatened species in a TS activity area is the same as the threshold value for the ecosystem condition indicator in that activity area.(2) The threshold value for the threat management indicator for a relevant threatened species is the value given by section 5 of this Schedule, based on the state of managed threats that represents the commencement and ongoing implementation of the required threat management processes.(3) The threshold value for a habitat features sub-indicator for a relevant threatened species is 80% of the difference between the starting value and the forecast value, unless the suitably qualified person sets a different level as being reasonable, justified by evidence.Note: The habitat features sub-indicators will usually have a numerical value. If not, the suitably qualified person must set an appropriate level.Part 6—Threatened species scores—starting and forecast13 Individual TS scoresThe starting individual TS score and forecast individual TS score for a relevant threatened species are the collections of the following information in relation to the project area at the application date, and as it can be expected to be after the 25 year project period respectively:Note: The areas and project activities referred to may be relevant to multiple threatened species. The starting value of most of the numerical elements will be zero.The information is most conveniently presented as a scorecard, as set out in the guidance materials.(a) the species common name and scientific name;(b) its listing status as one of:(i) extinct in the wild;(ii) critically endangered;(iii) endangered;(iv) vulnerable;(c) the area managed for this relevant threatened species (in hectares), being the sum of all the activity areas in which there is a habitat enhancement activity or threat management activity in relation to this species;(d) the area of new habitat for this relevant threatened species (in hectares), being the sum of the area of relevant activity areas which represent:(i) new habitat for relevant threatened species created by planting or otherwise restoring ecosystem types (vegetation communities) which represent habitat for this relevant threatened species; or(ii) existing ecosystem types (vegetation communities) for relevant threatened species which at the beginning of the project represented marginal or otherwise unusable habitat for relevant threatened species, but through a combination of improvements to ecosystem condition, the addition of habitat features and/or the management of threats will become suitable habitat for those relevant threatened species;(e) the range of habitat condition in the project area (presented as a range consisting of the lowest and highest ecosystem condition score of all activity areas relevant to that particular threatened species) specified by:(i) for the starting value—the starting ecosystem condition score for each activity area, calculated as part of the starting state assessment; and(ii) for the forecast value—the forecast ecosystem condition score for each activity area, calculated as part of the starting state assessment;(f) if the ecosystem condition indicator is subject to a non-static counterfactual scenario—the range of the forecast changes in the ecosystem condition scores for the activity areas relevant to the particular relevant threatened species;(g) a list of the key habitat features for that relevant threatened species:(i) for the starting value—the features identified as part of the starting state assessment, together with the range of starting values of the habitat features indicator (None, Low, Moderate or High); and(ii) for the forecast value—the features identified as part of the starting state assessment and any features which will be augmented or which will be installed or will develop as a result of the project, together with the range of forecast values of the habitat features indicator (None, Low, Moderate or High);(h) a list of the key relevant threats facing the relevant threatened species:(i) for the starting value – the threats identified as part of the starting state assessment, together with starting value of the threat management indicator (None, Low, Moderate or High).(ii) for the forecast value – the threats identified as part of the starting state assessment and an indication of which will be managed by the project, together with starting value of the threat management indicator (None, Low, Moderate or High);(i) habitat importance, expressed as ‘high’, ‘medium’ or ‘local’ (see section 54).14 Project TS scores(1) The starting project TS score and forecast project TS score for a relevant threatened species are the collections of the following information in relation to the project area at the application date, and as it can be expected to be after the 25 year project period respectively:Note: The information is most conveniently presented as a scorecard, as set out in the guidance materials.(a) the number of relevant threatened species for the project;(b) the number of relevant threatened species that are either critically endangered or extinct in the wild;(c) the number of endangered relevant threatened species;(d) the number of vulnerable relevant threatened species;(e) the area (in hectares) managed for relevant threatened species, being the sum of all the activity areas in which there is a habitat enhancement activity or threat management activity in relation to any threatened species;Note: Areas multiple threatened species are counted only once.(f) the area of new habitat for relevant threatened species, expressed in hectares. This number should be calculated as the sum of the area of relevant threatened species activity areas which represent:(i) new habitat for relevant threatened species created by planting or otherwise restoring ecosystem types (vegetation communities) which represent habitat for the relevant threatened species.(ii) existing ecosystem types (vegetation communities) for relevant threatened species which at the beginning of the project represented marginal or otherwise unusable habitat for relevant threatened species, but through a combination of improvements to ecosystem condition, the addition of habitat features and/or the management of threats will become suitable habitat for those relevant threatened species;(g) highest level of habitat importance, expressed as ‘high’, ‘medium’ or ‘local’ (see section 54).Note: This is the highest of levels for individual relevant threatened species.(2) The forecast change in the project TS score for an ENVTS project is the difference between the forecast project TS score and the starting project TS score.Schedule 10—Commitment to protection indicators and scores1 Purpose of ScheduleThis Schedule sets out how to ascertain the value of indicators and the overall scores for the commitment to protection characteristic indicators for a project area for the purposes of section 16.2 Definitions for this ScheduleIn this Schedule:** means that this provision is not relevant to the forecast value of an ENV project.Note: It reflects the fact that the provisions relating to this indicator are designed to assess the starting, forecast and benchmark values for different projects and methodologies.non-legally enforceable arrangement for an ENV project means an agreement or arrangement to protect or conserve biodiversity that is in place in relation to the project area over a given period that may not be legally enforceable.NRS means the National Reserve System, Australia’s terrestrial protected area network, made up of commonwealth reserves, reserves owned by state and territory governments, Indigenous lands and private protected areas.meets NRS requirements:(a) a security arrangement meets NRS requirements if the agreement or arrangement type would meet the requirements for the project area to be included in the NRS; and(b) the termination provisions, or their equivalent, in a security arrangement meet NRS requirements if they align with the requirements in Australia’s Strategy for the National Reserve System 2009–2030 and any successor document; and(c) the duration of a security arrangement meets NRS requirements if it provides one of the following for the project area:(i) in relation to private land—protection in perpetuity; or(ii) in relation to public land—indefinite protection by gazettal or proclamation; or(iii) indefinite protection under a well-tested arrangement.security arrangements for an ENV project means written agreements or other legally enforceable arrangements to protect or conserve biodiversity that are in place in relation to the project area over a given period.well-tested arrangement means gazetted and structured non-gazetted means of managing land for conservation, including through the Traditional Owner-led principles which underpin Indigenous Protected Areas or other management regimes established by non-government organisations as determined by the Department.3 Security indicator for the commitment to protection characteristic(1) The ENV project itself is a security arrangement for the project for the duration of its permanence period.Note: It is expected that, for most ENV projects, it will be the only security arrangement.(2) To determine the value of the security indicator for the project at a particular time:(a) classify the type of arrangements as follows:(i) none, if there are none**;(ii) non-legally enforceable arrangements, if there are such arrangements;(iii) security arrangements, if there are such arrangements;(iv) NRS equivalent, if there are security arrangements that meet NRS requirements (such as a well-tested arrangement); and(b) classify the termination provisions, or their equivalent, in the security arrangements as follows:(i) unrestricted, if termination, or its equivalent, of the security arrangements can be made by any party without restriction;(ii) restricted, if termination, or its equivalent, of the security arrangements can be made by any party with restrictions for cause;(iii) by agreement, if termination, or its equivalent, of the security arrangements can be made only with agreement from all parties;(iv) NRS equivalent, if the termination provisions of the security arrangements meet NRS requirements;(c) classify the impact of change of ownership of land subject to the security arrangements as follows:(i) obligations do not transfer, if the obligations under the security arrangements will cease to apply to any of the land if there is a change in ownership;(ii) obligations may transfer, if the obligations under the security arrangement continue to apply to the project proponent, but do not necessarily transfer with the land;(iii) obligations transfer, if the obligations transfer with the land;(iv) NRS equivalent, if the impact of change of ownership of land on the obligations under the security arrangements meets the requirements for inclusion in the NRS.(3) The value of the security indicator is the score for its lowest scoring element as given in the following table:Scores for security indicator for ENV project Element | No score** | Low score** | Medium score | High score | Benchmark scoreType of arrangements | None | Non-legally enforceable arrangements | Security arrangements | Security arrangements | NRS equivalentTermination provisionsNAUnrestrictedRestrictedBy agreementNRS equivalentImpact of change of ownershipNAObligations do not transferObligations may transferObligations transferNRS equivalentNote: The benchmark score is the highest security value that is possible. It meets the relevant National Reserve System requirements for inclusion in the National Reserve System.4 Duration indicatorThe value of the duration indicator for the project depends on the number of years from the registration date that security arrangements for the project will operate, as follows:(a) 0 years—nil;**(b) 1-9 years—very low;**(c) 10-24 years—low;**(d) 25-49 years—medium;(e) 50-98 years—high;(f) 99+years—very high;(g) in perpetuity, indefinite or enduring.5 Overall score for the commitment to protection characteristicThe overall score for the commitment to protection characteristic is the score given in the following table based on the score for the security indicator and the value of the duration indicator:Score for the commitment to protection characteristic Duration Security0 years1-9 years10-24 years25-49 years50-98 years99 + yearsIn perpetuity, indefinite or enduring arrangement (Benchmark)Nil | Nil | Nil | Nil | Nil | Nil | Nil | NilLow scoreNilLowLowLowLowLowLowMed ScoreNilLowMediumMediumHighVery highVery HighHigh ScoreNilLowMediumHighHighVery HighVery HighBenchmarkNilMediumHighHighVery HighVery highBenchmark6 Starting values of the indicators and the starting score for the commitment to protection characteristic(1) Subject to subsection (2), the starting values of the security and duration indicators are the values of those indicators calculated on the basis of the security arrangements and their duration as they are on the application date.Note: In most cases, it is expected that the starting values will be no score and nil respectively.(2) If any land within the project area was acquired within 12 months before the application date for the purposes of undertaking a nature repair market project, that land is treated as if it were subject to the arrangements in place immediately before the land was acquired.(3) The project proponent must provide evidence that the acquisition of the land was made for the purposes mentioned in subsection (2), such as a statutory declaration or a notice of intention email to the Regulator.(4) The starting score for the commitment to protection characteristic is the overall score from the table in section 5 of this Schedule on the basis of the starting values of the two indicators.7 Benchmark values of the indicators and the benchmark score for the commitment to protection characteristicThe benchmark values of the security and duration indicators are the values of those indicators calculated on the basis of security arrangements that satisfy the following:(a) for the security indicator—the security arrangements:(i) meet NRS requirements; and(ii) have termination conditions that meet NRS requirements; and(iii) have change of ownership conditions that meet NRS requirements; and(b) for the duration indicator—the security arrangements:(i) provide:(A) protection in perpetuity in relation to private land; and(B) indefinite protection by gazettal or proclamation in relation to public land; or(ii) provide indefinite protection under a well-tested arrangement.8 Forecast values of the indicators and the forecast score for the commitment to protection characteristic(1) The forecast values of the security and duration indicators are the values of those indicators calculated on the basis of security arrangements that are reasonably expected to be in place throughout the permanence period.Note: In most cases, if the ENV project is the only expected security arrangement, the forecast values will be medium for the security indicator, and the permanence period for the duration indicator.(2) The forecast score for the commitment to protection characteristic is the overall score from the table in section 5 of this Schedule on the basis of the forecast values of the two indicators.9 Threshold values of the indicators(1) The threshold value of the security indicator are the values of that indicator calculated on the basis of the existence of the ENV project as a security arrangement.(2) The threshold value of the duration indicator is the permanence period of the ENV project.Note: An ENV project will reach the threshold value on registration.

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Nature Repair (Enhancing Native Vegetation) Methodology Determination 2026

Nature Repair (Enhancing Native Vegetation) Methodology Determination 2026

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