Document ID: chunk:federal_register_of_legislation:F2018C00126:reg:102
Version: federal_register_of_legislation:F2018C00126
Segment Type: reg
Provision Reference: reg 102
Character Range: 138021–139457

102  Consequences of not monitoring livestock
 (1) If, during a particular period (the non‑monitored period) in a reporting period, the project proponent for a soil carbon project fails to monitor livestock in a carbon estimation area as required by the monitoring requirements, the abatement for the area during the non‑monitored period is taken to be zero.
 (2) To avoid doubt, this determination does not prevent the Regulator from taking action under the Act, or regulations or rules made under the Act, in relation to the project proponent's failure to monitor vegetation groundcover or livestock as required by the determination.
Note:  Examples of action that may be taken include the following:
               (a) if the failure constitutes a breach of a civil penalty provision in section 194 of the Act (which deals with project monitoring requirements), the Regulator may apply for a civil penalty order in respect of the breach;
               (b) if false or misleading information was given to the Regulator in relation to the failure, the Regulator may revoke the project's section 27 declaration under regulations or rules made for the purposes of section 38 of the Act;
               (c) if the giving of false or misleading information in relation to the failure led to the issue of Australian carbon credit units, the Regulator may require all or some of those units to be relinquished under section 88 of the Act.