Document ID: chunk:federal_register_of_legislation:C2024C00490:section:97:p3
Version: federal_register_of_legislation:C2024C00490
Segment Type: section
Provision Reference: s 97 (pt 3/4)
Character Range: 196234–198931

areas;
the owner or occupier of the land must take all reasonable steps to ensure that the number of tonnes of carbon sequestered in the relevant carbon pool on the area or areas is not less than the benchmark sequestration level.

Ancillary contraventions
 (11) A person must not:
 (a) aid, abet, counsel or procure a contravention of subsection (9) or (10); or
 (b) induce, whether by threats or promises or otherwise, a contravention of subsection (9) or (10); or
 (c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (9) or (10); or
 (d) conspire with others to effect a contravention of subsection (9) or (10).

Civil penalty provisions
 (12) Subsections (9), (10) and (11) are civil penalty provisions.
Note: Part 21 provides for pecuniary penalties for breaches of civil penalty provisions.

Duration of declaration
 (13) A declaration under subsection (2) comes into force when a copy of the declaration is given to the project proponent for the project under subsection (6).
 (14) Unless sooner revoked, a declaration under subsection (2) ceases to be in force at whichever of the following times happens first:
 (a) when the penalty payable under section 179 in respect of the non‑compliance with the requirement referred to in subparagraph (1)(a)(v) or (b)(v) (including any late payment penalty payable under section 180 in relation to the section 179 penalty) is paid in full;
 (b) if:
 (i) the notice referred to in subparagraph (1)(c)(ii) is given; and
 (ii) the notice required a person to relinquish a particular number of Australian carbon credit units; and
 (iii) the person did not comply with the requirement within 90 days after the notice was given;
  when the penalty payable under section 179 in respect of the non‑compliance with the requirement (including any late payment penalty payable under section 180 in relation to the section 179 penalty) is paid in full;
 (c) if the relevant section 27 declaration has never been varied so as to add one or more project areas—the end of the period that:
 (i) begins on the first occasion on which an Australian carbon credit unit was issued in relation to the project in accordance with Part 2; and
 (ii) is of the same duration as the permanence period for the project;
 (d) if the relevant section 27 declaration has been varied so as to add one or more project areas—the end of the period that:
 (i) begins on the last occasion on which the declaration was so varied; and
 (ii) is of the same duration as the permanence period for the project.

Declaration is not a legislative instrument
 (15) A declaration made under subsection (2) is not a legislative instrument.