Document ID: chunk:federal_register_of_legislation:F2025C00080:clause:1_20c:p2
Version: federal_register_of_legislation:F2025C00080
Segment Type: clause
Provision Reference: sch 1 cl 20C (pt 2/6)
Character Range: 101063–104222

regeneration expansion notification meeting all of the following criteria:
               (i) the ERF regeneration expansion notification was made in the period beginning 18 months before the date of the application under subsection 23(3) and ending on the day of that application (inclusive);
              (ii) all of the proposed additional project area for the project is within the potential additional project area set out in the ERF regeneration expansion notification;
              (iii) the size of the additional project area does not exceed the maximum additional project area size set out in the ERF regeneration expansion notification;
              (iv) the ERF regeneration expansion notification has not previously been relied upon in relation to an application under subsection 23(3) that resulted in a variation of the declaration under subsection 23(1); or
           (b) both of the following apply:
              (i) within 30 days of an ERF regeneration expansion notification being made the Agriculture Minister has sent the project proponent and the Regulator a written statement:
                   (A) stating that the Agriculture Minister intends to make an adverse impact finding in relation to the notification; and
                   (B) setting out the basis for that finding; and
                   (C) inviting the project proponent to send a written response to the designated email account within 20 days;
              (ii) one of the following applies:
                   (A) within 30 days of sending the written statement referenced in subparagraph (2)(b)(i) the Agriculture Minister sends another written statement to the project proponent and Regulator stating that no written response to the first statement was sent within the 20 days;
                   (B) within 45 days of sending the written statement referenced in subparagraph (2)(b)(i) the Agriculture Minister sends another written statement to the project proponent and Regulator making an adverse impact finding in relation to the notification.

        (3) For the purposes of subsection (1) or (2):
           (a) if a project proponent makes more than one new ERF regeneration notification or ERF regeneration expansion notification relevant to an application, it is the last notification to which those subsections apply; and
           (b) if a purported notification is incomplete, that notification is invalid and is taken never to have been made.

        (4) If the Agriculture Minister sends the project proponent and Regulator a written statement stating that an earlier written statement covered by subsection (1) or (2) is to be disregarded, the earlier statement is taken never to have been sent.

        (5) If there are multiple project proponents in relation to a project, an ERF regeneration expansion notification or new ERF regeneration notification need only be made by one of those project proponents.

        (6) The Agriculture Minister must arrange for new ERF regeneration notifications and ERF regeneration expansion notifications to be sent to the Regulator along with the date those notifications were made.

        (7) If