Document ID: chunk:federal_register_of_legislation:C2024C00514:section:18a
Version: federal_register_of_legislation:C2024C00514
Segment Type: section
Provision Reference: s 18A
Character Range: 63710–65542

18A  Registration may be subject to condition about obtaining consent from registered native title body corporate

Scope
 (1) This section applies if:
 (a) an application under section 11 has been made for the Regulator to approve the registration of a biodiversity project; and
 (b) the Regulator decides under section 15 to approve the registration of the biodiversity project; and
 (c) the Regulator is satisfied that:
 (i) the project area for the biodiversity project is or includes a native title area; and
 (ii) there is a registered native title body corporate for the native title area; and
 (iii) the registered native title body corporate has consented to the registration of the biodiversity project; and
 (iv) the registered native title body corporate has not consented, in writing, to the carrying out of the project on or in the native title area as a registered biodiversity project by the project proponent.

Condition
 (2) The Regulator must set out in the notice under subsection 15(3) that the registration is subject to the condition that a biodiversity certificate is not to be issued in respect of the project until the written consent of the registered native title body corporate is obtained to the carrying out of the project on or in the native title area as a registered biodiversity project by the project proponent.

Consents
 (3) A consent mentioned in subparagraph (1)(c)(iv) or subsection (2) must be in a form approved, in writing, by the Regulator.
 (4) A consent mentioned in subparagraph (1)(c)(iv) or subsection (2) may be set out in a registered indigenous land use agreement.
 (5) Subsection (3) does not apply to a consent mentioned in subparagraph (1)(c)(iv) or subsection (2) if the consent is set out in a registered indigenous land use agreement.

Division 3—Variation of registration