The negative list

CFI projects cannot be approved if they are conducted in circumstances that are on the negative list.

The negative list identifies types of projects that are likely to cause adverse impacts to one or more of the following:

  • the availability of water
  • the conservation of biodiversity
  • employment
  • the local community, and
  • land access for agricultural production.

The negative list is designed to address residual risks that are not addressed through existing regulations and planning regimes.

Find out more on the negative list fact sheet. The fact sheet explains:

  • how the CFI manages adverse impacts on the environment and local communities
  • how circumstances that cause adverse impacts are identified and made into regulations
  • how stakeholders can provide input on potential adverse impacts from CFI activities.
  • Negative list fact sheet

Carbon Credits (Carbon Farming Initiative) Regulations 2011

The negative list is contained in Division 3.12 of the Carbon Credits (Carbon Farming Initiative) Regulations 2011 (CFI Regulations). The information below is not a substitute for these regulations and is provided for guidance only. The regulations for the negative list will change over time as new risks are identified and/or existing risks mitigated.

The CFI Regulations refer to the following products:

  • A CFI rainfall map that shows long-term average annual rainfall for the purpose of determining how certain tree plantings are dealt with under the CFI Regulations.
  • Salinity guidelines to assist project proponents to determine whether their tree planting project contributes to the mitigation of dryland salinity.

The following kinds of projects are excluded offsets projects as at 21 May 2013:

  • A project that:
    1. was mandated under a law of the Commonwealth or a state or territory, and
    2. is no longer mandatory because the law was repealed after 24 March 2011.
  • The planting of a species in an area where it is a known weed species.
  • The establishment of a forest under a forestry managed investment scheme for Division 394 of Part 3–45 of the Income Tax Assessment Act 1997.
  • The cessation or avoidance of the harvest of a plantation.
  • The establishment of vegetation on land that has been subject to illegal clearing of a native forest, or illegal draining of a wetland.
  • The establishment of vegetation on land that has been subject to clearing of a native forest, or draining of a wetland (that was not an illegal clearing or draining), within:
    1. seven years of the lodgement of an application for the project to be declared an eligible offsets project, or
    2. if there is a change in ownership of the land that constitutes the project area, after the clearing or the draining—five years of the lodgement of an application for the project to be declared an eligible offsets project.
  • Specified tree planting in an area that, according to the CFI rainfall map, receives more than 600 mm long-term average annual rainfall, unless it is mentioned in the subregulations.
    • Planting trees in an area that receives more than 600 mm long-term average annual rainfall is an excluded offsets project, except when:
      • the project is a permanent planting that is also an environmental planting, or
      • the project contributes to the management of dryland salinity, or
      • the project occurs in an area where the relevant jurisdiction has been determined by the National Water Commission as meeting its National Water Initiative commitment to manage interception by plantations, or
      • the project holds a suitable water access entitlement for the life of the project, or
      • where it is not possible to obtain a water access entitlement, and the CFI Administrator is satisfied that the project causes no material impact on water availability.
  • A project that protects native forest on freehold or leasehold land, for which a clearing consent or harvest approval plan was granted on the basis that the clearing or harvesting of the native forest:
    1. would lead to an environmental improvement or benefit, or would maintain an environmental outcome; or
    2. was for fire management purposes.
      An exception to this applies for projects where:
      1. the clearing consent or harvest approval plan provides options for vegetation management; and
      2. the project provides active and on-going management of the project area in accordance with one of those options.