Document ID: chunk:federal_register_of_legislation:F2024L01750:reg:49
Version: federal_register_of_legislation:F2024L01750
Segment Type: reg
Provision Reference: reg 49
Character Range: 66158–67474

49  When variation applies, or does not apply, to existing registered biodiversity project—general rule

When variation applies to a registered biodiversity project
 (1) For the purposes of subsection 49(2) of the Act, a variation of a methodology determination that covers a registered biodiversity project applies to the project if:
 (a) the project's registration is in effect at the time the variation takes effect; and
 (b) none of the circumstances mentioned in paragraph (2)(b) apply.
Note: The Regulator may determine that the variation does not apply to the project despite this subsection: see section 50.

When variation does not apply to a registered biodiversity project
 (2) For the purposes of subsection 49(3) of the Act, a variation of a methodology determination that covers a registered biodiversity project does not apply to the project if:
 (a) the project's registration is in effect at the time the variation takes effect; and
 (b) any of the following circumstances apply:
 (i) the 2‑year period beginning at the time the variation takes effect has not ended;
 (ii) a biodiversity certificate was issued for the project before the time the variation takes effect;
 (iii) an application for a biodiversity certificate was made, but not determined, before the time the variation takes effect.