Document ID: chunk:federal_register_of_legislation:F2025L00253:clause:8_55
Version: federal_register_of_legislation:F2025L00253
Segment Type: clause
Provision Reference: sch 8 cl 55
Character Range: 100674–102120

55  Issue of biodiversity certificate
Note: See paragraph 70(2)(h) of the Act and sections 76 and 18 of the BAI.
 (1) For paragraph 70(2)(h) of the Act, this section sets matters in respect of which the Regulator must be satisfied before issuing a biodiversity certificate in respect of a replanting project.
 (2) The Regulator must be satisfied that:
 (a) the indicators for ecosystem condition mentioned in subsection 54(2) have reached the relevant threshold values; and
 (b) the relevant persons have verified that the indicators for any culturally significantly entity mentioned in subsection 54(6) have reached the relevant threshold values.
 (3) If the replanting project includes, or is informed by, Indigenous knowledge or values or Indigenous data in relation to the project's design or implementation as mentioned in section 29, the Regulator must be satisfied that the project proponent has implemented the project consistently with the consent for the use of that knowledge or those values provided by the relevant Indigenous representatives or relevant Aboriginal persons or Torres Strait Islanders for the project area for the purposes of paragraph 29(1)(c).
 (4) If the project plan was updated to nominate a culturally significant entity for the project after registration, the Regulator must be satisfied that:
 (a) the requirements in section 45 were met; and
 (b) the project plan was updated in accordance with section 41.