About the Land Use Capability (LUC) class restrictions
There are restrictions on how much exotic forest on LUC class 1 to 6 land you can register in the ETS.
Some LUC class 1 to 6 land is eligible for a transitional exemption.
This page explains how to check if your land is eligible for a transitional exemption and what you need to do if it is.
Learn more about the LUC class restrictions on post-1989 forest land
Find out how to identify the LUC class of your land
Land that qualifies for a transitional exemption must also meet other ETS eligibility criteria.
Read more about the rules for registering post-1989 forest land in the ETS
What you need for a transitional exemption
If you made investments as part of preparing to plant exotic forest on LUC class 1 to 6 land to register in the ETS before 4 December 2024, you may be able to apply to register your forest land using a transitional exemption.
You may be eligible for a transitional exemption if you:
- submit a complete ETS application by 31 December 2027, and
- show us you had a clear interest in the LUC class 1 to 6 land you want to register forest on, before 4 December 2024, and
- show us you made one or more qualifying forestry investments that relate to that LUC class 1 to 6 land from 1 January 2021 to 4 December 2024.
Extensions for transitional exemptions
You may also be eligible for a transitional exemption if you were not able to apply at an earlier date. This may happen in either of the following 2 situations.
1. You submit a complete ETS application by 31 December 2027 and can show us:
- you had a clear interest in the LUC class 1 to 6 land you want to register forest on, before 4 December 2024, and
- you made one or more qualifying forestry investments that relate to the LUC class 1 to 6 land you want to register forest before 1 January 2021, and
- you could not submit your ETS application at an earlier date due to circumstances beyond your control.
2. You submit a complete ETS application by 31 December 2030 and can show us:
- you had a clear interest in the LUC class 1 to 6 land you want to register forest on, before 4 December 2024, and
- you made one or more qualifying forestry investments that relate to the LUC class 1 to 6 land you want to register forest from 1 January 2021 to 4 December 2024, and
- you could not submit your ETS application at an earlier date due to circumstances beyond your control.
Registering land with a transitional exemption
When you apply to register a forest on LUC class 1 to 6 land with a transitional exemption, you’ll need to:
- show you have a clear interest in the land
- show you made one or more qualifying investments
- tell us which method you’re using to identify the LUC class of your land
- submit 2 shapefiles (digital maps) with your ETS application.
There are other documents you’ll need to provide for your application.
Registering in the ETS with post-1989 forest land
Showing a clear interest in the land
To show you have a clear interest in the land you want to register a forest on, you must have one of the following:
- ownership of the land
- a registered lease or a registered forestry right, or an agreement to get a lease or a forestry right
- a conditional or unconditional sale and purchase agreement for the land, or
- a written offer to buy the land. This needs to include a written indication of the seller’s intent to negotiate further or a written acceptance of the offer.
The dates on your evidence must be before 4 December 2024. You can remove price-related or commercially sensitive information from the documents.
Qualifying forestry investments
You need to provide information about your qualifying forestry investments when you apply to register in the ETS.
We can only consider the qualifying forestry investments that are in the Climate Change Response Act 2002.
Qualifying forestry investments must:
- relate to the LUC class 1 to 6 land you’re applying to register
- relate to the LUC class 1 to 6 land you have a clear interest in
- clearly show a date so we can see when you made the investment.
You can remove price-related or commercially sensitive information from the documents.
You can apply using more than one qualifying investment. You will need to give us information that shows why each qualifying investment you are using applies to your ETS application.
