be in writing; and

be in a form approved, in writing, by the Regulator.

specify the proposed project area; and

if the project is to have more than one project proponent—specify the eligible persons who are proposed to be the project proponents along with the applicant; and

(c) specify the methodology determination (the applicable methodology determination) that is proposed to cover the project; and

specify the proposed activity period (if any), which must be worked out in accordance with the applicable methodology determination; and

specify the proposed permanence period, which, subject to subsection 34(2), must be:

a type A permanence period; or

a type B permanence period; or

a type C permanence period; and

include such other information as is specified in the rules; and

include such other information as is specified in the applicable methodology determination.

if the rules or the applicable methodology determination provides that this paragraph applies to the proposed project—an audit report that is:

prescribed by the rules or the applicable methodology determination (as the case requires); and

prepared by a registered greenhouse and energy auditor who has been appointed as an audit team leader for the purpose; and

if there are to be project proponents other than the applicant—evidence that each other project proponent consents to being a project proponent for the project; and

if a registered indigenous land use agreement is relevant to the Regulator’s decision on the application—a copy of relevant parts of the agreement; and

if the applicable methodology determination provides that there must be a project plan for a project covered by the methodology determination—a project plan for the project; and

such other documents (if any) as are specified in the rules; and

such other documents (if any) as are specified in the applicable methodology determination; and

the fee (if any) specified in the rules.

the applicant is a native title holder for an exclusive possession native title area; and

the proposed project area consists of, or includes, the exclusive possession native title area; and

there is a registered native title body corporate for the exclusive possession native title area; and

the applicant is not the registered native title body corporate;

the application must specify the registered native title body corporate as an eligible person who is proposed to be a project proponent along with the applicant.

refuse to consider the application; or

refuse to take any action, or any further action, in relation to the application.

the applicant withdraws the application; and

the applicant has paid a fee in relation to the application;

the Regulator must, on behalf of the Commonwealth, refund the application fee.

approve the registration of the biodiversity project, and register the project on the Register; or

refuse to approve the registration of the biodiversity project.

the applicant; and

if:

the decision is a decision to approve the registration of the biodiversity project; and

there is a relevant land registration official in relation to the biodiversity project;

the relevant land registration official.

Criteria for approval

the project is being, or is to be, carried on in Australia; and

(b) the project is of a kind specified, for the purposes of paragraph 45(1)(a), in the methodology determination (the applicable methodology determination) that is specified in the application under paragraph 12(2)(c); and

the activity period (if any) for the project has been worked out in accordance with the applicable methodology determination; and

the permanence period for the project complies with section 34; and

the project meets any conditions set out in the applicable methodology determination under paragraph 45(1)(b); and

if the applicable methodology determination requires that there must be a project plan for the project:

there is a project plan for the project; and

implementation of the project plan is likely to result in a biodiversity certificate being issued in respect of the project; and

if the applicable methodology determination does not require that there must be a project plan for the project—carrying out the project is likely to result in a biodiversity certificate being issued in respect of the project; and

the applicant is to be registered as the project proponent, or one of the project proponents, for the project; and

the proposed project proponent, or each of the proposed project proponents, is an eligible person; and

the proposed project proponent, or each of the proposed project proponents, is a fit and proper person; and

the project area meets the requirements set out in subsection (5); and

the project area does not consist of, or include, a biodiversity maintenance area or part of a biodiversity maintenance area; and

the requirements set out in subsection (6) have been met in relation to the project; and

the project meets the eligibility requirements (if any) specified in the rules; and

the project is not an excluded biodiversity project.

the project area is, or is a combination of:

Torrens system land; or

Crown land; or

Australian waters; and

the project area is not specified in the rules.

if the project area consists of, or includes, Torrens system land:

the proposed project proponent, or a proposed project proponent, holds an estate in fee simple in the Torrens system land that is covered by subsection 89(2); or

the proposed project proponent, or a proposed project proponent, holds a legal estate or interest (other than an estate in fee simple) in the Torrens system land that is covered by subsection 89(2) and that is prescribed by the rules; or

the proposed project proponent, or a proposed project proponent, holds a lease of the Torrens system land and the terms of the lease are consistent with the project being carried out on the land; or

a person who holds an estate in fee simple in the Torrens system land that is covered by subsection 89(2) has consented to the carrying out of the project on the land as a registered biodiversity project by the proposed project proponent or proposed project proponents; or

a person who holds a legal estate or interest (other than an estate in fee simple) in the Torrens system land that is covered by subsection 89(2) and that is prescribed by the rules has consented to the carrying out of the project on the land as a registered biodiversity project by the proposed project proponent or proposed project proponents; and

if:

the project area is, or includes, a native title area; and

there is a registered native title body corporate for the native title area;

then:

the proposed project proponent, or a proposed project proponent, is the registered native title body corporate; or

the registered native title body corporate has consented to the carrying out of the project on or in the native title area as a registered biodiversity project by the proposed project proponent or proposed project proponents; or

the registered native title body corporate has consented to the registration of the project.

Matters to be included in notice

set out, in accordance with the rules, the project area; and

set out the project proponent or project proponents for the project; and

set out the applicable methodology determination; and

set out the activity period (if any) and the permanence period for the project; and

if the registration is subject to a condition under section 17, 18 or 18A—set out the condition; and

set out such attributes of the project as are specified in the rules; and

set out such other matters (if any) as are specified in the rules.

Timing

if the Regulator requires the applicant to give further information under subsection 13(1) in relation to the application—within 90 days after the applicant gave the Regulator the information; or

otherwise—within 90 days after the application was made.

When approval takes effect

an application is made under section 11 during a specified period; and

the application relates to a biodiversity project that is proposed to be covered by a methodology determination specified in the order;

the Regulator must not:

consider the application during that period; or

make a decision on the application during that period.

must start at the commencement of the order; and

must not be longer than 12 months.

on the Committee’s own initiative; or

on request by the Minister.

an application under section 11 has been made for the Regulator to approve the registration of a biodiversity project; and

the Regulator decides to approve the registration of the biodiversity project under section 15; and

the Regulator is not satisfied that all regulatory approvals have been obtained for the project.

Condition

an application under section 11 has been made for the Regulator to approve the registration of a biodiversity project; and

the Regulator decides under section 15 to approve the registration of the biodiversity project; and

(c) the Regulator is satisfied that there are one or more persons (the relevant interest-holders) who:

hold an eligible interest in the project area, or any part of the project area, for the project; and

have not consented, in writing, to the making of the application.

Condition

an application under section 11 has been made for the Regulator to approve the registration of a biodiversity project; and

the Regulator decides under section 15 to approve the registration of the biodiversity project; and

the Regulator is satisfied that:

the project area for the biodiversity project is or includes a native title area; and

there is a registered native title body corporate for the native title area; and

the registered native title body corporate has consented to the registration of the biodiversity project; and

the registered native title body corporate has not consented, in writing, to the carrying out of the project on or in the native title area as a registered biodiversity project by the project proponent.

Condition

add an eligible person as a project proponent of the project; or

remove a project proponent from the project (so long as this would not result in there not being any project proponents for the project).

the project proponent for the project applies to the Regulator for the variation; and

any eligible person that is to be added as a project proponent for the project consents, in writing, to the variation; and

the Regulator is satisfied that any eligible person that is to be added as a project proponent for the project is a fit and proper person; and

if a biodiversity certificate is in effect in relation to the project, and the project proponent for the project is not the holder of the certificate—the holder of the certificate has been notified of the proposed variation, and has been given the opportunity to make submissions in relation to the proposed variation.

the project area;

the methodology determination that covers the project;

the project’s activity period (if any);

the project’s permanence period.

must be in force at the time the variation of the project’s registration takes effect; and

applies to the project subject to any variations under section 48 that take effect before the variation of the project’s registration takes effect.

This subsection has effect despite rules made for the purposes of subsection 49(2), (3) or (4) (when variation of a methodology determination takes effect) and rules made for the purposes of section 52 (consequences of methodology determination ceasing to have effect).

the project proponent for the project applies to the Regulator for the variation; and

if a biodiversity certificate is in effect for the project, and the project proponent is not the holder of the certificate—either:

the holder of the certificate has consented, in writing, to the variation; or

the Regulator is satisfied that the variation would not result in a material change to the certificate.

a condition mentioned in subsection 17(2) (conditions about obtaining regulatory approvals);

a condition mentioned in subsection 18(2) (conditions about obtaining consents from eligible interest holders);

a condition mentioned in subsection 18A(2) (condition about obtaining consent from registered native title body corporate).

the project proponent for the project applies to the Regulator for the variation; and

the Regulator is satisfied that the condition has been met.

applications for variations under those rules;

the approval by the Regulator of a form for such an application;

information that must accompany such an application;

documents that must accompany such an application;

verification by statutory declaration of statements in such an application;

consents that must be obtained for the making of such an application;

authorising a person to issue a certificate to certify a matter in relation to such an application;

the fee (if any) that must accompany such an application;

the withdrawal of such an application;

empowering the Regulator:

to require an applicant to give the Regulator further information in connection with such an application; and

if the applicant breaches the requirement—to refuse to consider the application, or to refuse to take any action, or any further action, in relation to the application;

varying a biodiversity certificate issued in respect of a registered biodiversity project (including such a certificate that is held by a person other than the project proponent for the project).

the applicant for the variation; and

if there is a relevant land registration official in relation to the project—the relevant land registration official; and

if:

a biodiversity certificate has been issued in respect of the registered biodiversity project; and

the biodiversity certificate is held by a person other than the project proponent;

the holder of the biodiversity certificate.

(a) a biodiversity certificate (the original certificate) has been issued in respect of the registered biodiversity project (whether or not the original certificate remains in effect); and

the project proponent for the project applies to the Regulator for the cancellation of the registration; and

the original certificate is relinquished in accordance with section 152 in relation to the project, as mentioned in paragraph 152(2)(c).

applications for cancellation under those rules;

the approval by the Regulator of a form for such an application;

other conditions that must be satisfied for the Regulator to cancel the registration in accordance with those rules.

no biodiversity certificate has been issued in relation to the registered biodiversity project; and

the project proponent for the project applies to the Regulator for the cancellation of the registration.

applications for cancellation under those rules;

the approval by the Regulator of a form for such an application.

applications for cancellation under those rules;

the approval by the Regulator of a form for such an application;

information that must accompany such an application;

documents that must accompany such an application;

verification by statutory declaration of statements in such an application;

consents that must be obtained for the making of such an application;

authorising a person to issue a certificate to certify a matter in relation to such an application;

the fee (if any) that must accompany such an application;

the withdrawal of such an application;

empowering the Regulator:

to require an applicant to give the Regulator further information in connection with such an application; and

if the applicant breaches the requirement—to refuse to consider the application, or to refuse to take any action, or any further action, in relation to the application.

must provide that, if the registration of a registered biodiversity project is cancelled in accordance with those rules, the Regulator must give notice of the cancellation to:

the applicant for the cancellation; and

if there is a relevant land registration official in relation to the project—the relevant land registration official; and

in a case where the registration was cancelled under rules made for the purposes of subsection 23(1), and the biodiversity certificate mentioned in paragraph 23(2)(a) is held by a person other than the applicant—the holder of the certificate; and

may require the Regulator to give notice of the cancellation to other people.

the registration is subject to a condition mentioned in subsection 17(2), 18(2) or 18A(2); and

the Regulator is satisfied that the condition has not been met; and

at least 5 years have passed since the project was first registered.

a certificate has not yet been issued in respect of the registered biodiversity project; and

any of the following subparagraphs applies:

5 years have passed since the project was first registered, and the Regulator is not satisfied that the project has begun to be carried out;

the Regulator is satisfied that the project is not being carried out;

the Regulator is satisfied that the project is unlikely to be carried out in a way that would result in a biodiversity certificate being issued in respect of the project.

set out in subsection 15(4); and

specified in rules made for the purposes of this paragraph.

the Regulator is satisfied that either:

if there is one project proponent for the project—the project proponent for the project is not a fit and proper person; or

if there are multiple project proponents for the project—any of those project proponents is not a fit and proper person; and

90 days pass after the Regulator becomes so satisfied, and, at the end of that 90-day period, the Regulator is not satisfied that each project proponent for the project is a fit and proper person.

the Regulator is satisfied that any of the following circumstances exist:

the project proponent has died or ceased to exist, and there are no other project proponents for the project;

the project is not being carried out (except to the extent that this is in accordance with the methodology determination that covers the project); and

90 days pass after the circumstances began to exist, and the Regulator is not satisfied, at the end of that 90-day period, that the circumstances have ceased to exist.

information was given by a person to the Regulator in connection with the project; and

the information was:

contained in an application under this Act; or

given in connection with an application under this Act; or

contained in a biodiversity project report; or

contained in a notification under Division 3 of Part 9; and

the Regulator is satisfied that the information was false or misleading in a material particular.

the availability of water;

biodiversity (other than the kinds of biodiversity to be addressed by the project);

employment;

the local community;

if there is a local community of Aboriginal persons, or Torres Strait Islanders, who have a connection to the project area—that community;

land access for agricultural production;

the environment.

a type A permanence period; or

a type B permanence period; or

a type C permanence period.

begins when the approval of the registration of the project takes effect; and

ends at the end of the 25-year period that began when the approval of the registration of the project takes effect.

Type B permanence period

begins when the approval of the registration of the project takes effect; and

ends at the end of the 100-year period that began when the approval of the registration of the project takes effect.

Type C permanence period

begins when the approval of the registration of the project takes effect; and

ends at the end of the period ascertained in accordance with the methodology determination that covers the project.

Extension of permanence period

there has been a significant reversal of the biodiversity outcome to which the project relates; and

the extension is necessary to:

restore the biodiversity outcome; or

mitigate the reversal.

the project proponent for the project requests the extension; and

the Regulator is satisfied that:

the biodiversity outcome to which the project relates has not been achieved; and

the extension is necessary for the biodiversity outcome to be achieved.

Request for extension of permanence period

be in writing; and

be in a form approved, in writing, by the Regulator.

the project proponent for the project; and

if a biodiversity certificate relating to the project is held by a person other than the project proponent for the project—the holder of the certificate; and

if there is a relevant land registration official in relation to the project—the relevant land registration official; and

if:

the project area is or includes a native title area; and

there is a registered native title body corporate for the native title area; and

the registered native title body corporate is not the project proponent for the project;

the registered native title body corporate; and

any other person specified in the rules.

Notification of end of permanence period

there is a relevant land registration official in relation to a registered biodiversity project; and

the permanence period for the project ends;

the Regulator must notify the relevant land registration official of the end of the permanence period.

Variation of biodiversity certificate

the Regulator extends the permanence period for a registered biodiversity project; and

a biodiversity certificate has been issued in respect of the project; and

the permanence period is set out in the biodiversity certificate;

the Regulator must vary the biodiversity certificate to set out the permanence period as extended.

an application under section 11 for the Regulator to approve the registration of a biodiversity project if the application specifies 2 or more eligible persons who are to be project proponents for the biodiversity project; or

an application under rules made for the purposes of section 19 (change in identity of project proponent) that would, if granted, result in there being multiple project proponents for a registered biodiversity project (whether or not there would otherwise be multiple project proponents).

Nomination

if paragraph (1)(a) applies—at the time the biodiversity project is registered as a registered biodiversity project; or

if paragraph (1)(b) applies—at the time the variation under rules made for the purposes of section 19 takes effect.

a nomination under subsection 37(2) or 38(2) is in force in relation to a registered biodiversity project; and

one of the project proponents for the registered biodiversity project, by written notice given to the Regulator, revokes the nomination;

the nomination ceases to be in force.

a nomination under subsection 37(2) or 38(2) is in force in relation to a registered biodiversity project; and

the nominee ceases to be one of the project proponents for the registered biodiversity project;

the nomination ceases to be in force.

the multiple project proponents have nominated a nominee under subsection 37(2) or 38(2) in relation to the project; and

the nomination is in force; and

a document relating to the registered biodiversity project is required or permitted by this Act to be given to the project proponent; and

the document is given to the nominee;

the document is taken to have been given to each of the multiple project proponents.

the multiple project proponents have nominated a nominee under subsection 37(2) or 38(2) in relation to the project; and

the nomination is in force; and

the nominee takes an eligible voluntary action; and

the application, nomination, request or notice to which the eligible voluntary action relates is expressed to be made, withdrawn or given, as the case may be, on behalf of the multiple project proponents;

this Act has effect as if:

the application, nomination, request or notice to which the eligible voluntary action relates were made, withdrawn or given, as the case may be, by the multiple project proponents jointly; and

if the eligible voluntary action is the making of an application—a reference in this Act to the applicant were a reference to each of the multiple project proponents.

(a) there are 2 or more project proponents (the multiple project proponents) for the registered biodiversity project; and

the multiple project proponents have nominated an eligible person under subsection 37(2) or 38(2); and

the nomination ceases to be in force; and

90 days pass, and no new nomination under subsection 37(2) or 38(2) is made by the multiple project proponents.

must provide that, if the registration of a registered biodiversity project is cancelled in accordance with those rules, the Regulator must give notice of the cancellation to:

if there is a relevant land registration official in relation to the project—the relevant land registration official; and

if a biodiversity certificate is in effect in relation to the project, and is held by a person other than the project proponent—the holder of the certificate; and

may require the Regulator to give notice of the cancellation to other people.

(a) there are 2 or more project proponents (the multiple project proponents) for a registered biodiversity project; and

any of the following:

this Act;

an instrument made under this Act;

imposes an obligation on the project proponent for the project.

Obligations of project proponent

is expressed to cover a specified kind of biodiversity project; and

sets out conditions that must be met for such a project to be registered as a registered biodiversity project; and

provides, for the purposes of paragraph 162(1)(k), for information that is to be included in the entry in the Register for such a project; and

sets out:

for the purposes of paragraph 67(2)(b), conditions that must be met for an application to be made for a biodiversity certificate to be issued in respect of such a project; and

for the purposes of paragraph 67(2)(c), a method of working out the time after which such applications may be made; and

sets out, for the purposes of paragraph 70(2)(h), conditions that must be met for a biodiversity certificate to be issued in respect of such a project; and

requires, for the purposes of paragraph 108(1)(b), the project proponent for such a project to notify the Regulator of specified matters relating to the project; and

provides, for the purposes of paragraphs 164(1)(d) and (2)(d), for information that is to be included in the entry in the Register for a biodiversity certificate issued in relation to such a project; and

sets out the activities that are to be carried out for the purposes of such a project; and

provides for the activity period (if any) of such a project to be worked out.

specified requirements to carry out activities in the project area for the purposes of the project;

specified requirements to ensure that specified activities are not carried out, by the project proponent or any other person, in the project area;

specified requirements to include information relating to the project in each biodiversity project report about the project;

specified requirements to notify one or more matters relating to the project to the Regulator;

specified record-keeping requirements relating to the project;

specified requirements to monitor the project.

in a case where the methodology determination covers a kind of biodiversity project that involves enhancement of biodiversity—conditions relating to the measurement or assessment of the enhancement of biodiversity; and

in a case where the methodology determination covers a kind of biodiversity project that involves protection of biodiversity—conditions relating to the measurement or assessment of the protection of biodiversity.

in a case where the methodology determination covers a kind of biodiversity project that involves enhancement of biodiversity—requirements relating to the measurement or assessment of the enhancement of biodiversity; and

in a case where the methodology determination covers a kind of biodiversity project that involves protection of biodiversity—requirements relating to the measurement or assessment of the protection of biodiversity.

there must be a project plan for a registered biodiversity project that is covered by the methodology determination; and

the project plan must remain in force until the time ascertained in accordance with the methodology determination.

the eligible person is a project proponent of a registered biodiversity project; and

a biodiversity certificate has been issued in respect of the project (whether or not the certificate remains in force); and

the methodology determination that covers the project imposes a requirement on the project proponent of the project for the purposes of paragraphs 45(3)(a) and (b); and

the eligible person, or any other project proponent for the project, fails to comply with the requirement.

the eligible person is a project proponent of a registered biodiversity project; and

a biodiversity certificate has been issued in respect of the project (whether or not the certificate remains in force); and

the methodology determination that covers the project requires, for the purposes of paragraph 45(3)(b), the project proponent for the project to ensure that an activity is not carried out in the project area; and

the activity is carried out in the project area (by the project proponent or any other person).

must have regard to the following:

whether the determination complies with the biodiversity integrity standards;

any advice that the Nature Repair Committee has given to the Minister under subsection 54(2) in relation to the making of the determination; and

may have regard to the following:

whether significant adverse environmental, agricultural, economic, cultural or social impacts are likely to arise from the carrying out of the kind of project that the determination covers;

such other matters (if any) as the Minister considers relevant.

Advice given by the Nature Repair Committee

the Nature Repair Committee has given the Minister advice under subsection 54(2) in relation to the making of the determination; and

that advice includes a statement to the effect that the Committee is satisfied that the determination complies with the biodiversity integrity standards.

to make a methodology determination; or

not to make a methodology determination;

the Minister must:

cause a copy of any advice given by the Nature Repair Committee under subsection 54(2) in relation to the determination to be published on the Department’s website; and

do so as soon as practicable after making the decision.

Biodiversity integrity standards

prepare a written statement of reasons for the decision; and

do so as soon as practicable after making the decision.

cause a copy of the statement of reasons to be published on the Department’s website; and

do so as soon as practicable after the statement of reasons is prepared.

Variation and amendment etc. of methodology determination

must have regard to the following:

whether the varied determination complies with the biodiversity integrity standards;

any advice that the Nature Repair Committee has given to the Minister under subsection 54(2) in relation to the varying of the determination; and

may have regard to the following:

whether significant adverse environmental, agricultural, economic, cultural or social impacts are likely to arise from the carrying out of the kind of project that the varied determination covers;

such other matters (if any) as the Minister considers relevant.

Advice given by the Nature Repair Committee

the Nature Repair Committee has given the Minister advice under subsection 54(2) in relation to the variation of the determination; and

that advice includes a statement to the effect that the Committee is satisfied that the varied determination complies with the biodiversity integrity standards.

to vary a methodology determination; or

not to vary a methodology determination;

the Minister must:

cause a copy of any advice given by the Nature Repair Committee under subsection 54(2) in relation to the variation of the determination to be published on the Department’s website; and

do so as soon as practicable after making the decision.

Biodiversity integrity standards

prepare a written statement of reasons for the decision; and

do so as soon as practicable after making the decision.

cause a copy of the statement of reasons to be published on the Department’s website; and

do so as soon as practicable after the statement of reasons is prepared.

Variations of a minor nature

on the day after the instrument varying the methodology determination is registered on the Federal Register of Legislation; or

if a later day is specified in the instrument—on that later day.

Consequences of variation on existing registered biodiversity projects

a methodology determination covers a registered biodiversity project; and

the methodology determination is varied; and

the project’s registration is in effect at the time the variation takes effect; and

the conditions specified in the rules are satisfied;

the variation of the methodology determination applies to the registered biodiversity project.

a methodology determination covers a registered biodiversity project; and

the methodology determination is varied; and

the project’s registration is in effect at the time the variation takes effect; and

the conditions specified in the rules are satisfied;

the variation of the methodology determination does not apply to the registered biodiversity project.

a methodology determination covers the registered biodiversity project; and

the methodology determination is varied; and

the project’s registration is in effect at the time the variation takes effect; and

the conditions specified in the rules are satisfied;

the variation of the methodology determination does not apply to the registered biodiversity project.

the approval by the Regulator of a form for such an application;

information that must accompany such an application;

documents that must accompany such an application;

verification by statutory declaration of statements in such an application;

the fee (if any) that must accompany such an application;

the withdrawal of such an application;

empowering the Regulator:

to require an applicant to give the Regulator further information in connection with such an application; and

if the applicant breaches the requirements—to refuse to consider the application, or to refuse to take any action, or any further action, in relation to the application.

a variation of a methodology determination takes effect; and

at the time the variation takes effect, an application under section 11 for the Regulator to approve the registration of a biodiversity project has been made, and the Regulator has not decided to:

approve the registration; or

refuse to approve the registration; and

the application proposes that the project is to be covered by the methodology determination;

then:

the methodology determination as varied applies to the application; and

if the biodiversity project is registered, the project is covered by the methodology determination as varied.

the Regulator to notify an eligible person that an application made by the eligible person under this Act is affected by a variation of a methodology determination, as mentioned in subsection (7);

the Regulator to give the eligible person an opportunity to withdraw or vary the application before the Regulator considers the application.

Refund of fee

an application is withdrawn under rules made for the purposes of subsection (5) or (8); and

the applicant has paid a fee in relation to the application;

the Regulator must, on behalf of the Commonwealth, refund the application fee.

Subdivision C—Duration, expiry and revocation of methodology determinations

comes into force:

the day after it is registered on the Federal Register of Legislation; or

if a later time is specified in the determination—at that later time; and

unless sooner:

revoked; or

(ii) repealed by Legislation Act 2003; orsection 42 (disallowance) of the

(iii) repealed by Legislation Act 2003;Part 4 of Chapter 3 (sunsetting) of the

remains in force until:

if a period is specified in relation to the determination in a legislative instrument made by the Minister for the purposes of this subparagraph—the end of that period; or

if subparagraph (iv) does not apply, but a period is specified in the determination—the end of that period.

must have regard to the following:

whether the determination complies with the biodiversity integrity standards;

the advice given by the Nature Repair Committee under subsection 54(2); and

may have regard to such other matters (if any) as the Minister considers relevant.

to revoke a methodology determination; or

not to revoke a methodology determination;

the Minister must, as soon as practicable after making the decision, cause a copy of the advice given by the Nature Repair Committee under subsection 54(2) in relation to the determination to be published on the Department’s website.

prepare a written statement of reasons for the decision; and

do so as soon as practicable after making the decision.

cause a copy of the statement of reasons to be published on the Department’s website; and

do so as soon as practicable after the statement of reasons is prepared.

the methodology determination that covers a registered biodiversity project ceases to have effect (whether under this Subdivision or otherwise); and

the conditions specified in the rules are satisfied;

that methodology determination continues to cover the project as if the methodology determination had not ceased.

the methodology determination that covers the project ceases to have effect (whether under this Subdivision or otherwise); and

the conditions specified in the rules are satisfied;

then, despite the cessation, the methodology determination continues to cover the project as if the methodology determination had not ceased.

the approval by the Regulator of a form for such an application;

information that must accompany such an application;

documents that must accompany such an application;

verification by statutory declaration of statements in such an application;

the fee (if any) that must accompany such an application;

the withdrawal of such an application;

empowering the Regulator:

to require an applicant to give the Regulator further information in connection with such an application; and

if the applicant breaches the requirements—to refuse to consider the application, or to refuse to take any action, or any further action, in relation to the application.

an application is withdrawn under rules made for the purposes of subsection (3); and

the applicant has paid a fee in relation to the application;

the Regulator must, on behalf of the Commonwealth, refund the application fee.

Variation of registration of biodiversity project

the methodology determination that covers the project ceases to have effect (whether under this Subdivision or otherwise); and

the conditions specified in the rules are satisfied.

the Regulator to notify the applicant that the Regulator proposes to refuse the application under subsection (2);

the Regulator to give the applicant an opportunity to withdraw or vary the application before the Regulator refuses the application.

an application is withdrawn under rules made for the purposes of subsection (3); and

the applicant has paid a fee in relation to the application;

the Regulator must, on behalf of the Commonwealth, refund the application fee.

Subdivision D—Advice about making, varying or revoking methodology determinations

under subsection 47(2), to give advice about whether the Minister should make a methodology determination; or

under subsection 48(3), to give advice about whether the Minister should vary a methodology determination; or

under subsection 51(2), to give advice about whether the Minister should revoke a methodology determination.

Committee to give advice

if the Committee is satisfied that the proposed determination complies with the biodiversity integrity standards:

a statement to that effect; and

the Committee’s reasons why it is satisfied that the proposed determination complies with the biodiversity integrity standards; and

in a case where a Committee member is not satisfied that the proposed determination complies with the biodiversity integrity standards—the Committee member’s reasons why the Committee member is not so satisfied;

if the Committee is not satisfied that the proposed determination complies with the biodiversity integrity standards:

a statement to that effect; and

the Committee’s reasons why it is not satisfied that the proposed determination complies with the biodiversity integrity standards;

such other information (if any) as is specified in the rules.

if the Committee is satisfied that the determination as proposed to be varied complies with the biodiversity integrity standards:

a statement to that effect; and

the Committee’s reasons why it is satisfied that the determination as proposed to be varied complies with the biodiversity integrity standards; and

in a case where a Committee member is not satisfied that the determination as proposed to be varied complies with the biodiversity integrity standards—the Committee member’s reasons why the Committee member is not so satisfied;

if the Committee is not satisfied that the determination as proposed to be varied complies with the biodiversity integrity standards:

a statement to that effect; and

the Committee’s reasons why it is not satisfied that the determination as proposed to be varied complies with the biodiversity integrity standards;

such other information (if any) as is specified in the rules.

a statement setting out the Committee’s opinion about whether the determination should be revoked; and

the Committee’s reasons for the opinion; and

such other information (if any) as is specified in the rules.

Committee must have regard to certain matters

the biodiversity integrity standards;

any relevant matters specified in a direction in force under section 55;

any relevant advice given by the Regulator to the Committee;

such other matters (if any) as are specified in the rules.

published on the Department’s website:

a detailed outline of the proposed determination or variation, as the case may be; and

a notice inviting the public to make a submission to the Committee on the detailed outline by a specified time limit; and

considered any relevant submissions that were received within that time limit.

the Nature Repair Committee considers that the time limit is appropriate in the circumstances; and

the time limit is not shorter than 14 days after the notice is published.

Publication of submissions

Indigenous cultural heritage; or

biodiversity.

on its own initiative; or

at the request of the person who made the submission.

be in writing; and

be in a form approved, in writing, by the Committee.

a biodiversity project carried out in accordance with the methodology determination must be designed to result in enhancement or protection of biodiversity in native species (whether the effect on biodiversity occurs within or outside the project area) that would be unlikely to occur if the project was not carried out; and

a biodiversity project carried out in accordance with the methodology determination must be designed to prevent the project from having a significant adverse impact on biodiversity in a native species that is protected under:

a law of the Commonwealth; or

a law of a State or a Territory in which the project area is wholly or partly situated; and

a biodiversity project carried out in accordance with the methodology determination must be designed to achieve enhancement or protection of biodiversity in native species that is appropriate to the project area; and

a biodiversity project carried out in accordance with the methodology determination must be designed to achieve enhancement or protection:

that is of biodiversity in native species; and

that can be measured, assessed and verified; and

any condition set out in, or requirement imposed by, the methodology determination in accordance with subsection 45(5) or (6):

is supported by clear and convincing evidence; and

is, so far as is reasonably practicable, consistent with relevant Indigenous knowledge and values relating to biodiversity and cultural heritage; and

is consistent with enhancement or protection of biodiversity in native species that is appropriate to the project area; and

enables, where appropriate, adaptive management to achieve the enhancement or protection of biodiversity in native species; and

in the case of a condition or requirement that relates to the measurement or assessment of the enhancement of biodiversity of native species—requires a clear indication of the level of certainty and confidence of achievement of the enhancement; and

in the case of a condition or requirement that relates to the measurement of the protection of biodiversity of native species—requires a clear indication of the level of certainty and confidence of achievement of the protection; and

if any condition set out in, or requirement imposed by, the methodology determination in accordance with subsection 45(5) or (6) involves an estimate or projection—the condition or requirement must require disclosure of:

the assumptions and methods used to make the estimate or projection; and

the level of certainty of the estimate or projection; and

if any condition set out in, or requirement imposed by, the methodology determination in accordance with subsection 45(5) or (6) involves an estimate or projection—the condition or requirement must require that the estimate or projection must be conservative; and

any statements or information that could be included in:

an entry in the Register for a biodiversity project covered by the methodology determination; or

a biodiversity certificate issued in relation to a biodiversity project covered by the methodology determination;

would be supported by clear and convincing evidence; and

to the extent to which any statements or information referred to in paragraph (h) would involve an estimate, projection or assumption—the estimate, projection or assumption would be reasonably certain; and

the methodology determination meets such other standards (if any) as are prescribed by the rules.

requirements relating to the measurement or assessment of biodiversity;

requirements relating to the measurement or assessment of the enhancement of biodiversity;

requirements relating to the measurement or assessment of the protection of biodiversity.

must have regard to any advice that the Nature Repair Committee has given to the Minister under subsection 64(2) in relation to the making of the instrument; and

may have regard to such other matters (if any) as the Minister considers relevant.

Advice given by the Nature Repair Committee

the Nature Repair Committee has given the Minister advice in relation to the making of the instrument; and

if the instrument applies generally—that advice includes a statement to the effect that the Nature Repair Committee is satisfied that the instrument:

is an appropriate means of achieving consistency of methodology determinations; and

would assist in ensuring that methodology determinations comply with the biodiversity integrity standards; and

if the instrument applies to a class of methodology determinations—that advice includes a statement to the effect that the Nature Repair Committee is satisfied that the instrument:

is an appropriate means of achieving consistency of methodology determinations in that class; and

would assist in ensuring that methodology determinations in that class comply with the biodiversity integrity standards.

to make a biodiversity assessment instrument; or

not to make a biodiversity assessment instrument;

the Minister must:

cause a copy of any advice given by the Nature Repair Committee under subsection 64(2) in relation to the making of the instrument to be published on the Department’s website; and

do so as soon as practicable after making the decision.

Statement of reasons

prepare a written statement of reasons for the decision; and

do so as soon as practicable after making the decision.

cause a copy of the statement of reasons to be published on the Department’s website; and

do so as soon as practicable after the statement of reasons is prepared.

Variation and amendment etc. of biodiversity assessment instrument

must have regard to any advice that the Nature Repair Committee has given to the Minister under subsection 64(2) in relation to the varying of the instrument; and

may have regard to such other matters (if any) as the Minister considers relevant.

Advice given by the Nature Repair Committee

the Nature Repair Committee has given the Minister advice in relation to the varying of the instrument; and

if the biodiversity assessment instrument applies generally—that advice includes a statement to the effect that the Nature Repair Committee is satisfied that the varied instrument:

is an appropriate means of achieving consistency of methodology determinations; and

would assist in ensuring that methodology determinations comply with the biodiversity integrity standards; and

if the instrument applies to a specified class of methodology determinations—that advice includes a statement to the effect that the Nature Repair Committee is satisfied that the varied instrument:

is an appropriate means of achieving consistency of methodology determinations in that class; and

would assist in ensuring that methodology determinations in that class comply with the biodiversity integrity standards.

to vary a biodiversity assessment instrument; or

not to vary a biodiversity assessment instrument;

the Minister must:

cause a copy of any advice given by the Biodiversity Market Committee under subsection 64(2) in relation to varying the instrument to be published on the Department’s website; and

do so as soon as practicable after making the decision.

Statement of reasons

prepare a written statement of reasons for the decision; and

do so as soon as practicable after making the decision.

cause a copy of the statement of reasons to be published on the Department’s website; and

do so as soon as practicable after the statement of reasons is prepared.

Variations of a minor nature

must have regard to any advice that the Nature Repair Committee has given to the Minister under subsection 64(2) in relation to the revocation of the instrument; and

may have regard to such other matters (if any) as the Minister considers relevant.

Advice given by the Nature Repair Committee

to revoke a biodiversity assessment instrument; or

not to revoke a biodiversity assessment instrument;

the Minister must:

cause a copy of any advice given by the Biodiversity Market Committee under subsection 64(2) in relation to the revocation of the instrument to be published on the Department’s website; and

do so as soon as practicable after making the decision.

Statement of reasons

prepare a written statement of reasons for the decision; and

do so as soon as practicable after making the decision.

cause a copy of the statement of reasons to be published on the Department’s website; and

do so as soon as practicable after the statement of reasons is prepared.

Subdivision D—Advice about making, varying or revoking biodiversity assessment instruments

under subsection 59(2), to give advice about whether the Minister should make a biodiversity assessment instrument; or

under subsection 61(2), to give advice about whether the Minister should vary a biodiversity assessment instrument; or

under subsection 63(2), to give advice about whether the Minister should revoke a biodiversity assessment instrument.

Committee to give advice

if the instrument applies generally—a statement that the Nature Repair Committee is satisfied that the instrument:

is an appropriate means of achieving consistency of methodology determinations; and

would assist in ensuring that methodology determinations comply with the biodiversity integrity standards; and

if the instrument applies to a class of methodology determinations—a statement to the effect that the Nature Repair Committee is satisfied that the instrument:

is an appropriate means of achieving consistency of methodology determinations in that class; and

would assist in ensuring that methodology determinations in that class comply with the biodiversity integrity standards; and

such other information (if any) as is specified in the rules.

a statement to the effect that the Nature Repair Committee is satisfied that the instrument as proposed to be varied:

is an appropriate means of achieving consistency of methodology determinations; and

would assist in ensuring that methodology determinations comply with the biodiversity integrity standards; and

if the instrument as proposed to be varied applies to a class of methodology determinations—a statement to the effect that the Nature Repair Committee is satisfied that the instrument as proposed to be varied:

is an appropriate means of achieving consistency of methodology determinations in that class; and

would assist in ensuring that methodology determinations in that class comply with the biodiversity integrity standards; and

such other information (if any) as is specified in the rules.

a statement setting out the Committee’s opinion about whether the instrument should be revoked; and

the Committee’s reasons for the opinion; and

such other information (if any) as is specified in the rules.

Committee must have regard to certain matters

the biodiversity integrity standards;

any relevant matters specified in a direction in force under section 65A;

any relevant advice given by the Regulator to the Committee;

such other matters (if any) as are specified in the rules.

published on the Department’s website:

a detailed outline of the proposed instrument or variation, as the case may be; and

a notice inviting the public to make a submission to the Committee on the detailed outline by a specified time limit; and

considered any relevant submissions that were received within that time limit.

the Nature Repair Committee considers that the time limit is appropriate in the circumstances; and

the time limit is not shorter than 14 days after the notice is published.

Publication of submissions

Indigenous cultural heritage; or

biodiversity.

on its own initiative; or

at the request of the person who made the submission.

be in writing; and

be in a form approved, in writing, by the Committee.

if:

a biodiversity certificate has not previously been issued in respect of the registered biodiversity project; or

a biodiversity certificate has previously been issued in respect of the registered biodiversity project and the Regulator has agreed that the application may be made; and

if the conditions (if any) set out under subparagraph 45(1)(d)(i) in the methodology determination that covers the registered biodiversity project are met; and

after the time worked out in accordance with provisions of that methodology determination made for the purposes of subparagraph 45(1)(d)(ii); and

if the conditions (if any) set out in the rules for the purposes of this paragraph are met.

be in writing; and

be in a form approved, in writing, by the Regulator; and

be accompanied by such information as is specified in the rules; and

be accompanied by such information as is specified in the methodology determination that covers the biodiversity project; and

if, under the rules or the methodology determination that covers the project, the application is subject to audit under this Act—be accompanied by an audit report that is:

prescribed by the rules or the methodology determination that covers the project (as the case requires); and

prepared by a registered greenhouse and energy auditor who has been appointed as an audit team leader for the purpose; and

be accompanied by the category A biodiversity project report mentioned in section 101; and

be accompanied by such other documents (if any) as are specified in the rules; and

be accompanied by such other documents (if any) as are specified in the methodology determination that covers the biodiversity project; and

be accompanied by the fee (if any) specified in the rules.

refuse to consider the application; or

refuse to take any action, or any further action, in relation to the application.

the applicant is a fit and proper person; and

the applicant is the project proponent for the project; and

if the registration of the registered biodiversity project is subject to a condition under section 17 (obtaining regulatory approvals)—that condition has been met; and

if the registration of the registered biodiversity project is subject to a condition under section 18 (obtaining consents from eligible interest holders)—that condition has been met; and

if the registration of the registered biodiversity project is subject to a condition under section 18A (obtaining consent from registered native title body corporate)—that condition has been met; and

the project is sufficiently progressed to have resulted in, or be likely to result in, the biodiversity outcome for the project; and

if the rules specify one or more other eligibility requirements for the purposes of this paragraph—those requirements are met; and

if the methodology determination that covers the project specifies conditions for the purposes of paragraph 45(1)(e)—those conditions are met;

the Regulator must issue a biodiversity certificate to the applicant in respect of the project by making an entry in a Register account held by the applicant.

if the Regulator requires the applicant to give further information under subsection 69(1) in relation to the application—within 90 days after the applicant gave the Regulator the information; or

otherwise—within 90 days after the application was made.

Notice

decides to issue a biodiversity certificate to the applicant; or

decides not to issue a biodiversity certificate to the applicant.

is the legal owner of the certificate; and

may, subject to this Act, deal with the certificate as its legal owner and give good discharges for any consideration for any such dealing.

in good faith for value; and

without notice of any defect in the title of the holder.

the creation of; or

any dealings with; or

the enforcement of;

equitable interests in relation to a biodiversity certificate.

the permanence period for a registered biodiversity project ends; and

a person is the holder of a biodiversity certificate that relates to the project.

Cancellation of biodiversity certificate

the biodiversity certificate is cancelled; and

the Regulator must remove the entry for the certificate from the person’s Register account in which there is an entry for the certificate.

the biodiversity certificate is cancelled; and

the Regulator must remove the entry for the certificate from the Commonwealth Register account in which there is an entry for the certificate.

the registration of a registered biodiversity project is cancelled; and

a person is the holder of a biodiversity certificate that relates to the project.

Cancellation of biodiversity certificate

the biodiversity certificate is cancelled; and

the Regulator must remove the entry for the certificate from the person’s Register account in which there is an entry for the certificate.

the biodiversity certificate is cancelled; and

the Regulator must remove the entry for the certificate from the Commonwealth Register account in which there is an entry for the certificate.

a project proponent for a registered biodiversity project (which need not be the project to which a biodiversity certificate to be purchased under the contract relates); or

the holder of a biodiversity certificate.

an amount payable by the Commonwealth under a biodiversity conservation contract is to be paid by the Secretary on behalf of the Commonwealth; and

an amount payable to the Commonwealth under a biodiversity conservation contract is to be paid to the Secretary on behalf of the Commonwealth; and

the Secretary may institute an action or proceeding on behalf of the Commonwealth in relation to a matter that concerns a biodiversity conservation contract.

the principles set out in subsection (3); and

such other matters (if any) as are specified in the rules.

Principles for conduct of biodiversity conservation purchasing processes

facilitate the Commonwealth receiving value for money when purchasing biodiversity certificates; and

maximise the protection or enhancement of biodiversity that results from the process; and

be conducted in a manner that ensures that administrative costs are reasonable; and

be conducted in a manner that ensures the integrity of the process; and

encourage competition; and

provide for fair and ethical treatment of all participants in the process.

a project proponent for a registered biodiversity project; or

a holder of a biodiversity certificate for a registered biodiversity project;

does not automatically entitle the person to participate in a biodiversity conservation purchasing process.

a person holds an estate in fee simple, or any other legal estate or interest, in the whole or a part of the area of land; and

the estate or interest is registered under a Torrens system of registration;

the estate or interest is an eligible interest held by the person in the area of land.

under subsection (2), a person holds an eligible interest in the area of land; and

another person:

is a mortgagee of the eligible interest, where the mortgage is registered under a Torrens system of registration; or

a chargee of the eligible interest, where the charge is registered under a Torrens system of registration;

the mortgage or charge is an eligible interest held by the other person in the area of land.

is Crown land; and

is not an exclusive possession native title area; and

is not land rights land;

the Crown lands Minister of the State or Territory holds an eligible interest in the area of land.

the area of land is land rights land; and

the area of land is not an exclusive possession native title area; and

any of the following subparagraphs applies to the area of land:

a lease is in force over the land, and the grant of the lease took place under a law of the Commonwealth that makes provision for the grant of such things only to, or for the benefit of, Aboriginal persons or Torres Strait Islanders;

subparagraph (i) does not apply, and the land is held by the Commonwealth;

subparagraph (i) does not apply, and the land is held by a statutory authority of the Commonwealth;

then:

(d) if subparagraph (c)(i) applies—the Minister who administers the law mentioned in that subparagraph holds an eligible interest in the area of land; or

(e) if subparagraph (c)(ii) applies—the Minister who administers the Aboriginal Land Rights (Northern Territory) Act 1976 holds an eligible interest in the area of land; or

(f) if subparagraph (c)(iii) applies—the Minister who administers the Act that establishes the statutory authority holds an eligible interest in the area of land.

the area of land is land rights land in a State or Territory; and

the area of land is not an exclusive possession native title area; and

none of the subparagraphs of paragraph (6)(c) applies to the area of land; and

the area of land is not freehold land rights land;

the Crown lands Minister of the State or Territory holds an eligible interest in the area of land.

is Crown land; and

is not Torrens system land.

Eligible interest

an exclusive possession native title area; nor

land rights land;

the Crown lands Minister of the State or Territory holds an eligible interest in the area of land.

(a) a person (other than the State or Territory) holds a legal estate or interest (the relevant estate or interest) in the whole or a part of the area of land; and

any of the following conditions are satisfied:

the relevant estate or interest came into existence as a result of a grant by the Crown in any capacity;

the relevant estate or interest was derived from an estate or interest that came into existence as a result of a grant by the Crown in any capacity;

the relevant estate or interest was created by or under a law of the Commonwealth, a State or a Territory;

the relevant estate or interest was derived from an estate or interest that was created by or under a law of the Commonwealth, a State or a Territory;

the relevant estate or interest is an eligible interest held by the person in the area of land.

under subsection (3), a person holds an eligible interest in the area of land; and

another person:

is a mortgagee of the eligible interest; or

is a chargee of the eligible interest;

the mortgage or charge is an eligible interest held by the other person in the area of land.

the area of land is land rights land; and

the area of land is not an exclusive possession native title area; and

any of the following subparagraphs applies to the area of land:

a lease is in force over the land, and the grant of the lease took place under a law of the Commonwealth that makes provision for the grant of such things only to, or for the benefit of, Aboriginal persons or Torres Strait Islanders;

subparagraph (i) does not apply, and the land is held by the Commonwealth;

subparagraph (i) does not apply, and the land is held by a statutory authority of the Commonwealth;

then:

(d) if subparagraph (c)(i) applies—the Minister who administers the law mentioned in that subparagraph holds an eligible interest in the area of land; or

(e) if subparagraph (c)(ii) applies—the Minister who administers the Aboriginal Land Rights (Northern Territory) Act 1976 holds an eligible interest in the area of land; or

(f) if subparagraph (c)(iii) applies—the Minister who administers the Act that establishes the statutory authority holds an eligible interest in the area of land.

the area of land is land rights land in a State or Territory; and

the area of land is not an exclusive possession native title area; and

none of the subparagraphs of paragraph (6)(c) applies to the area of land; and

the area of land is not freehold land rights land;

the Crown lands Minister of the State or Territory holds an eligible interest in the area of land.

the Regulator approves under section 15 the registration of a biodiversity project; and

the project area is, wholly or partly, freehold land rights land in a particular State or Territory; and

the project area is, wholly or partly, Crown land; and

the project area is not wholly Torrens system land.

Notification

the existence of the registered biodiversity project; and

the fact that requirements may arise under this Act in relation to the project; and

such other matters (if any) relating to this Act as the official considers appropriate.

begins when the project was registered; and

ends within 6 months before the application is made.