Carbon farming initiative
Regulation 3.37(4) (National Water
Commission)
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Introduction
Permanent tree planting or plantation activities have the potential to intercept
significant volumes of surface and/or groundwater and thereby present a risk to the
future integrity of water access entitlements and the achievement of environmental
objectives. In recognition of this potential risk, the Carbon Credits (Carbon Farming
Initiative) Regulations 2011 exclude permanent tree planting projects from the CFI in
areas that receive greater than 600mm average annual rainfall. There are specific
exemptions, one of which relates to regions where the relevant state or territory
government has adequately implemented the commitments under the National Water
Initiative (NWI) to manage water interception by plantations (see Regulation 3.37 (4)
below).
Carbon Credits (Carbon Farming Initiative) Regulations 2011
Regulation 3.37 Excluded offsets projects — specified tree planting
(4) Specified tree planting is not an excluded offsets project if the project area is
in a region in relation to which the National Water Commission has determined
that the commitments by the relevant state or territory government under the
National Water Initiative to manage water interception by plantations have been
adequately implemented.
Clauses 55–57 of the NWI prescribe measures to manage the impact of interception
as a result of land use change to protect the integrity of the water access entitlements
system and the achievement of environmental objectives. This assessment
framework has been developed to ensure that approved CFI submissions adequately
address Clauses 55–57 of the NWI.
Assessment framework
The assessment framework enables the Commission to determine if the
arrangements for managing water in a particular region amount to adequate
implementation of NWI commitments for managing interception by plantations.
In most cases, the information required to answer the questions in the framework is
included in water plans. If not, then the information is held by the relevant state or
territory government department and should be available upon request.
Water terms vary between different state and territory governments. Definitions of key
terms used in this assessment framework have been provided for the purposes of this
assessment only.
The assessment framework is supported by a definitions table of key words and
phrases used in the framework. These definitions have been tailored specifically for
the purpose of this CFI assessment framework.
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Framework: Regulation 3.37(4)
BOX A
Is the submission within a water plan region listed as having adequate plantation
management arrangements on the National Water Commission’s website.
YES
ADEQUATE
YES
ADEQUATE
YES
NOT
ADEQUATE
YES
NOT
ADEQUATE
YES
ADEQUATE
NO
BOX B
Do current water management arrangements incorporate interception by
plantation forestry through any of the following means:
•The proposal is in a region where significant interception by a
plantation activity is required to hold a water access entitlement;
•The proposal is in a region with an identified threshold size for
significant interception by plantation activities, above which a water
access entitlement is required;
•The proposal is in a region with an identified threshold level of
interception by plantation activities, based on a risk assessment, above
which a water access entitlement is required.
NO
BOX C
Is the submission within a region where the water resource is fully allocated
NO
BOX D
Is the submission within a region where the water resource is approaching full
allocation
NO
BOX E
Do current water management arrangements deal with interception by
plantation activity through the following means:
•If significant, then interception by plantation activity is identified and
estimated for water planning purposes; OR
•A risk assessment of the water resource has been undertaken that
considers significant intercepting activities, and a decision has been
documented that plantation activity does not pose a significant risk to
the water resource;
AND
•Monitoring and reporting of the allocation level within the water
system is undertaken (through a water plan or other process).
NO
NOT
ADEQUATE
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ADEQUATE
NOT
ADEQUATE
ADEQUATE management arrangements for dealing
with interception from the proposed plantation
activity.
NOT ADEQUATE management arrangements for
dealing with interception from the proposed
plantation activity.
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Explanatory notes
Decision Box A
The National Water Commission will list water plan regions in the CFI eligible planting
zones that have adequately implemented the commitments under the National Water
Initiative (NWI) to manage interception by plantations. If a submission is within a
water plan region listed on Commission’s website, the submission can be considered
to have adequate management arrangements in place for dealing with interception
and therefore satisfy Regulation 3.37 (4).
Decision Box B – Water access entitlements
Determines the regions where any further increase in water interception by plantation
activities beyond a determined threshold requires water access entitlements.
Decision Box C – Fully allocated systems
In regions where water resources are fully allocated, any increase in water use by
plantations will present a risk to the future integrity of water access entitlements and
the achievement of environmental objectives.
Decision Box D – Approaching full allocation
In regions where water resources are approaching full allocation, an increase in water
use by plantations may present a risk to the future integrity of water access
entitlements and the achievement of environmental objectives.
Decision Box E – Water management arrangements
Defines the remaining regions which are not at or approaching full allocation where
there are adequate water management arrangements in place to account for
interception by plantations.
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Definitions of terms used in the assessment
framework
Term
Explanation/definition
Allocation level
The specific amount of water that is made available for consumptive use
Based on
Commonwealth
Water Act 2007
and Policy
Guidelines for
Water Planning
through water access entitlements, other statutory rights, or as estimated
unregulated use, in a particular water plan area under the rules of the
water plan for that area, in any given water accounting period. The
amount of the allocation depends on the availability of water and the
security of the entitlement, and is specified according to rules in the
relevant water plan.
and
Management
and Guide to the
Basin Plan
Approaching
full allocation
Based on
AWR2005
Refers to situations where the amount of water resources made available
for consumptive use through water access entitlements, other statutory
rights, or as estimated unregulated use, in a particular water plan area
under the rules of the water plan for that area, is above 70% of the
extraction limit for that water plan area.
This 70% trigger for approaching full allocation is based on the AWR2005
definition for high level of use of a water resource; the sum of diversions
and extractions is between 70 per cent and 100 per cent of sustainable
yield.
Different jurisdictions may define approaching full allocation differently for
their own internal planning purposes.
For the purpose of this assessment, a region is classified as approaching
full allocation in line with the definition above unless official advice from
the relevant state or territory government department that the water
system is not considered by them to be approaching full allocation is
provided.
This information may be noted in a current water plan. Example
descriptions in water plans for systems that are approaching full allocation
include:
Extraction limit
Based on
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
the system is approaching full allocation

only new entitlements for specific uses will be allowed in the system

the current level of entitlement is stated, and the extraction limit is stated,
and the current level of entitlement is above 70% of the extraction limit.
The portion of the total water resource that can be made available for
consumptive use at a given time or during a defined planning period,
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Term
Explanation/definition
Commonwealth
through water access entitlements, other statutory rights, or as estimated
Water Act 2007
unregulated use, in a particular water plan area under the rules of the
and Policy
water plan for that water plan area.
Guidelines for
Water Planning
and
Management
Fully allocated
Based on NWI
and Policy
Guidelines for
Water Planning
Refers to situations where the amount of water resources made available
for consumptive use through water access entitlements, other statutory
rights, or as estimated unregulated use, in a particular water plan area
under the rules of the water plan for that water plan area, is equal to the
extraction limit for that water plan area.
and
For the purpose of this assessment, any region that is considered to be
Management
overallocated by the relevant state or territory government department is
definitions for
‘overallocation’
also considered to be fully allocated.
This information is available from the relevant state or territory government
department.
This information may be noted in a current water plan. Example
descriptions in water plans include:
Interception
Based on
Commonwealth
Water Act 2007
Region

the system is fully allocated

no more entitlements will be allowed in the system unless other existing
entitlements are forfeited

the current level of entitlement needs to be reduced

the current level of entitlement is stated, and the extraction limit is stated,
and they are the same volume.
Refers to the capture of surface water or groundwater that would
otherwise flow directly or indirectly into a watercourse, lake, wetland,
aquifer, dam or reservoir. An interception activity includes establishing
extensive tree plantations.
The smallest area of management specified in a water plan. A region may
be a water plan area or a water plan sub-catchment or zone area. If there
is no water plan, then region refers to the water management area
specified by the relevant state or territory government department.
Risk
assessment
Hamstead 2011
A measure of the potential for loss of value. Risk is assessed by
identifying threats, assessing the likelihood that they will occur and cause
damage, and the consequence of this being the value of the likely
damage. For example, risk is high if a highly valued asset is assessed to
be likely to be heavily damaged or lost. On the other hand there can be a
high likelihood of damage but a low risk if the asset likely to be damaged
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Term
Explanation/definition
is not considered to be of value.
Significant
In relation to land uses that intercept water: a land use activity that the
relevant state or territory government department considers to intercept a
significant amount of water within a system.
Different jurisdictions may define significant differently for their own
internal planning processes. The definition should consider that
plantations, as a proportion of total use within a region, may become more
significant in drier years. The definition should also take into account the
impact of interception by plantations on base flows.
This information may be noted in a current water plan or be available upon
request from the relevant state or territory government department. For
example, significance may be described in terms of presenting a low risk
to the water resource.
Threshold level
of interception
The extent to which the water resource in a region may be taken by
significant interception activities (in terms of volume), before management
controls are increased. For example, the percentage of the water resource
in a region that may be intercepted by large scale plantations before
increased regulation is required.
Threshold size
The extent to which interception activities in a region may be carried out
(in terms of land area), before management controls are increased. For
example, the largest area of land that can be used for a plantations
activity before regulation is required.
Water access
A perpetual or ongoing entitlement to exclusive access to a share of water
entitlement
(entitlement)
from a specified consumptive pool as defined in the relevant water plan.
NWI
Water
The rules (volumes and timing) for distribution and access to a water
management
arrangements
resource within a defined region to implement objectives and achieve
outcomes for that water resource.
This information may be specified in a water plan, be based on state-wide
policy if outside of a water plan area, or be available upon request from
the relevant state or territory government department.
Water plan
NWI
Statutory plans for surface and/or groundwater systems, consistent with
the Regional Natural Resource Management Plans, developed in
consultation with all relevant stakeholders on the basis of best scientific
and socio-economic assessment, to provide secure ecological outcomes
and resource security for users.
The NWI Policy Guidelines for Water Planning and Management further
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Term
Explanation/definition
refined this definition to make clear that a plan may be a single legal
instrument or a number of legal and policy instruments working together.
For the purpose of this assessment, a non-statutory plan that guides
entitlement and allocation decisions in a region is considered to be a
water plan.
Water system
NWI
A system that is hydrologically connected and described at the level
desired for management purposes (e.g. sub-catchment, catchment, basin
or drainage division and/or groundwater management unit, sub-aquifer,
aquifer, groundwater basin).
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