Document ID: chunk:federal_register_of_legislation:F2025C00080:clause:1_30b:p1
Version: federal_register_of_legislation:F2025C00080
Segment Type: clause
Provision Reference: sch 1 cl 30B (pt 1/3)
Character Range: 156370–159107

30B  Linked applications for removal of project area from a savanna emissions avoidance project and declaration of new savanna sequestration project
Note: This provision is part of a mechanism that enables the project proponent of a savanna emissions avoidance project, in effect, to transfer a project area for the project to a determination that also provides credits for sequestration.  The section 27 declaration for the original project is varied to remove the project area, and a new section 27 declaration is made for the project area under the sequestration determination.

Application of this section
 (1) This section applies if the Regulator receives a request to act in accordance with this section, accompanied by:
 (a) an application in accordance with subsection (5) to vary the section 27 declaration in relation to a savanna emissions avoidance project (the original project) to remove one or more project areas from that project; and
 (b) an application under section 22 of the Act for a savanna sequestration project with one or more project areas that are identical to the project area or areas to be removed from the original project (the new project) assuming the project areas are varied in accordance with any request under subsection (2); and
 (c) a statement that the applicant wishes the declaration in relation to the original project to be varied if, and only if, the new project is to be declared an eligible offsets project; and
 (d) evidence that all persons who hold an eligible interest in the project area of the new project have consented to the making of the application under section 22 of the Act for that new project.
 (2) The application in accordance with subsection (5) to vary the section 27 declaration may include a request to subdivide project areas of the original project or remove part of a project area from the project if such a request is consistent with the applicable methodology determination for the original project.

How the Regulator is to act
 (3) The Regulator must proceed sequentially as follows:
 (a) wait until a time when all the following conditions are fulfilled:
 (i) the project proponent has submitted an offsets report for the original project that covers the most recent full calendar year and the project areas proposed to be removed from the project;
 (ii) any certificates of entitlement arising from that report have been issued;
 (iii) the relevant Australian carbon credit units have been issued to the holder of the certificate of entitlement (if any);
 (iv) there is sufficient time remaining in the calendar year for the new project to be declared an eligible offsets project before 1 December of that year and the crediting period for the new project to