Table 2.4: The negative list under the CFI

Project types

• projects that were mandatory at 24 March 2011 under any law (including a law repealed or amended since that date)

• planting a species in an area where it is a known weed species

• establishment of a forest as part of a forestry managed investment scheme

• cessation or avoidance of harvest of a plantation forest

• establishment of vegetation on land subject to clearing of native forest or draining of a wetland:

• within seven years of applying for a project declaration

• within five years of applying for a project declaration, if there had been a change in land ownership since the clearing or

• under any circumstances, where the clearing of native forest or draining of a wetland is illegal

• the protection of native forest where consent for clearing or harvest has been granted for the benefit of the environment or for fire management purposes (except if the project implements an agreement between the Commonwealth and a state or territory government to establish new reserves or if the clearing consent or harvest approval plan provides options for vegetation management and the project provides active and ongoing management of the project area in accordance with one of those options)

• planting trees in an area that, according to the CFI rainfall map, receives more than 600 mm long-term average annual rainfall, unless:

• the project is a permanent planting that is also an environmental planting (that is, native to the area)

• the project proponent demonstrates that the planting contributes to the mitigation of dryland salinity in accordance with the Salinity guidelines^a

• the project is in a region in which commitments by the relevant state and territory governments under the National Water Initiative have been met.

• the project proponent holds a suitable water access entitlement for the life of the project that meets the criteria specified in the CFI Regulations (which generally seek to ensure that a water entitlement is held to offset the water intercepted by the forest) or

• the project is in a region in which it is not possible to obtain a water entitlement (unless this is because water entitlements are already fully allocated in the region), and the regulator is satisfied, after seeking the advice of the relevant state or territory agency, that there is no material impact on water availability for existing water entitlements.

a Salinity Guidelines

Source: Appendix C.