Document ID: chunk:federal_register_of_legislation:C2024C00514:section:15:p2
Version: federal_register_of_legislation:C2024C00514
Segment Type: section
Provision Reference: s 15 (pt 2/3)
Character Range: 55548–58236

not consist of, or include, a biodiversity maintenance area or part of a biodiversity maintenance area; and
 (m) the requirements set out in subsection (6) have been met in relation to the project; and
 (n) the project meets the eligibility requirements (if any) specified in the rules; and
 (o) the project is not an excluded biodiversity project.
Note 1: Methodology determinations are made under section 45.
Note 2: For excluded biodiversity project, see section 33.
Note 3: For fit and proper person, see sections 97, 98, 99 and 99A.
 (5) The requirements mentioned in paragraph (4)(k) are:
 (a) the project area is, or is a combination of:
 (i) Torrens system land; or
 (ii) Crown land; or
 (iii) Australian waters; and
 (b) the project area is not specified in the rules.
 (6) The requirements mentioned in paragraph (4)(m) are:
 (a) if the project area consists of, or includes, Torrens system land:
              (i) 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
 (ii) 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
 (iii) 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
 (iv) 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
 (v) 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
 (b) if:
 (i) the project area is, or includes, a native title area; and
 (ii) there is a registered native title body corporate for the native title area;
  then:
 (iii) the proposed project proponent, or a proposed project proponent, is the registered native title body corporate; or
 (iv) 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;