Document ID: chunk:federal_register_of_legislation:F2024L01750:reg:54
Version: federal_register_of_legislation:F2024L01750
Segment Type: reg
Provision Reference: reg 54
Character Range: 71659–74187

54  Regulator may determine that methodology determination continues to apply to registered biodiversity project
 (1) This section is made for the purposes of subsections 52(2) and (3) of the Act.

Application for determination
 (2) The project proponent for a registered biodiversity project may apply to the Regulator for the Regulator to determine that, despite the cessation of effect of the methodology determination (the applicable methodology determination) that covers the project, the determination continues to cover the project as if the determination had not ceased.
 (3) The application must:
 (a) be in writing; and
 (b) be in a form approved, in writing, by the Regulator; and
 (c) include evidence that the criteria mentioned in subsection (5) have been met.

Regulator to make determination
 (4) After considering the application, the Regulator must determine that the applicable methodology determination:
 (a) continues to cover the project; or
 (b) does not continue to cover the project.

Criteria for making determination
 (5) The Regulator may determine that the applicable methodology determination continues to cover the project only if the Regulator is satisfied that:
 (a) the determination has ceased to have effect; and
 (b) if there are multiple project proponents for the project—the application is made by the nominee in relation to the project on behalf of the multiple project proponents; and
 (c) the effect of section 53 is that the determination does not continue to cover the project; and
 (d) if the project were covered by a different methodology determination, it is likely that:
 (i) the biodiversity outcome for the project would not be achieved; or
 (ii) practical difficulties would arise due to the advanced nature of the project; or
 (iii) the costs of applying the different methodology determination would be unreasonable in the circumstances.

Timing
 (6) The Regulator must take all reasonable steps to ensure that a decision is made on the application:
 (a) if the Regulator requires the applicant to give further information under section 128 in relation to the application—within 90 days after the applicant gave the Regulator the information; or
 (b) otherwise—within 90 days after the application was made.

Notification of decision
 (7) As soon as practicable after making the decision, the Regulator must:
 (a) give the application a written notice of the decision; and
 (b) if the decision is to refuse the application—give the applicant the reasons for the decision.