This correspondence follows on from our recent newsletter.  We are concerned about the small window of opportunity available for our clients to consider their ETS obligations for pre-1990 forests.  There are two important deadlines this year, being 30 September and 30 November.  As these dates are not far away we encourage you to read this article and contact us to consider your individual options. 


As a small forester you may be captured by the Emissions Trading Scheme (ETS) if you have more than hectare of land with forest species.  Forest species are trees capable of reaching 5 metres in height at maturity, have tree crown cover of more than 30% on each hectare, and greater than 30 metres average width.  Forestry excludes trees planted for horticulture.

If you do meet the definition of forestry land above, we recommend that you consider all the options available under the scheme.  There are instances where participants will fall into the ETS by default, and as such it is critical that you are aware of your obligations. 

As a self employed taxpayer you are required to follow the provisions of the Income Tax Act 1997 and you employ taxation advisors to ensure that you meet your requirements and minimise any exposure to penalties.  Similarly, all participants in the ETS are required to follow the Climate Change Response Act 2002.  We recommend that you engage qualified professionals to assist you with your potential ETS liabilities and opportunities to minimise your risk in this area.  

 Pre 1990 Forest

Do you have forest land that was in forest (either exotic or indigenous) on 31 December 1989, that has remained in forest and was predominately exotic species at 31 December 2007?

As well as standard forest plantings, this includes trees planted after 1 January 1990 into previous scrub country, and may also include farm forest planting such as poplar, willow and other non-traditional forest species.

If so, you may be a mandatory participant under the ETS.  If you are eligible for the less than 50 hectares exemption, this must be applied for prior to 30 September 2011.  If you do not meet the exemption requirements, and fall into the ETS, the Government is providing carbon units to compensate land owners for the potential loss of land value.  These must be applied for prior to 30 November 2011.

If you have pre-1990 forest you are bound by the Act.  If you don’t apply for the exemption then you automatically fall into the ETS.  This could have future liabilities, including penalties for non-disclosure.  WE RECOMMEND YOU CONSIDER YOUR OPTIONS IMMEDIATELY.


 

Post 1989 Forest

Do you have forest land that was established in either exotic or indigenous forest after 31 December 1989?

If so, you can apply to be a voluntary participant under the ETS.  This could provide upfront opportunities with an allocation of carbon credits by the Government, but participants may have future liabilities with deforesting which they need to be aware of.

The first deadline for applying for an allocation of carbon units is 31 December 2012.  However, there is a lot of work to be done prior to that date before the application can be submitted. 

Be careful – if your post 1989 forest (or pockets of such) was in either exotic or indigenous forest at 31 December 1989 you may be a mandatory participant under the pre-1990 forest.  These deadlines are this year – 2011.

If you have post-1989 forest you can be a voluntary participant in the ETS.  This could have immediate benefits but may also have future liabilities.

WE RECOMMEND YOU CONSIDER YOUR OPTIONS IMMEDIATELY


 WOULD YOU BE INTERESTED IN ATTENDING A SEMINAR TO DISCUSS YOUR OBLIGATIONS UNDER THE ETS?



AUTUMN 2012 NEWSLETTER!

Our Autumn Newsletter is out, click here to view it.


 
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