Document ID: chunk:federal_register_of_legislation:F2024L01750:reg:30
Version: federal_register_of_legislation:F2024L01750
Segment Type: reg
Provision Reference: reg 30
Character Range: 51179–53709

30  Approval of cancellation

Approval
 (1) After considering an application made by the project proponent for a registered biodiversity project under section 29, the Regulator must decide:
 (a) to cancel the registration of the project, in the circumstance that a biodiversity certificate has been issued in respect of the project; or
 (b) to cancel the registration of the project, in the circumstance that a biodiversity certificate has not been issued in respect of the project; or
 (c) to refuse to cancel the registration of the project.

Criteria for approval
 (2) The Regulator may decide to cancel the registration of the project only if the Regulator is satisfied that:
 (a) if the application is to cancel the registration of the project, in the circumstance that a biodiversity certificate has been issued in respect of the project:
 (i) a biodiversity certificate (the original certificate) has been issued in respect of the project; and
 (ii) the original certificate has been relinquished in accordance with section 152 of the Act in relation to the project, as mentioned in paragraph 152(2)(c) of the Act; and
 (b) if the application is to cancel the registration of the project, in the circumstance that a biodiversity certificate has not been issued in respect of the project—no biodiversity certificate has been issued in respect of the project; and
 (c) if there are multiple project proponents for the project—the application is made by the nominee in relation to the project on behalf of the multiple project proponents.

Timing
 (3) The Regulator must take all reasonable steps to ensure that a decision is made on the application:
 (a) if the Regulator requires the applicant to give further information under section 128 in relation to the application—within 90 days after the applicant gave the Regulator the information; or
 (b) otherwise—within 90 days after the application was made.
 (4) Despite subsection (3), the Regulator is not required to make a decision on the application if:
 (a) the project proponent has made an application to vary the registration of the project to add or remove a project proponent under subsection 15(1) and that application has not been determined; or
 (b) the Regulator is aware that the project proponent intends to make such an application.

When cancellation takes effect
 (5) If the Regulator decides to cancel the registration of the project, the cancellation takes effect on the day after the notice of the decision is given to the applicant under section 31.