Document ID: chunk:federal_register_of_legislation:C2024C00514:section:112
Version: federal_register_of_legislation:C2024C00514
Segment Type: section
Provision Reference: s 112
Character Range: 212521–214574

112  Notification requirement—event relevant to whether a project proponent is a fit and proper person

Scope
 (1) This section applies to a project proponent of a registered biodiversity project if:
 (a) in a case where the project proponent is an individual—an event set out in paragraph 97(1)(a), (b), (c), (d) or (j) or (2)(a) occurred in relation to the project proponent; or
 (b) in a case where the project proponent is a corporation:
 (i) an event set out in paragraph 98(1)(a), (b), (c), (d) or (j) or (2)(a) occurred in relation to the project proponent; or
 (ii) an event set out in paragraph 97(1)(a), (b), (c), (d) or (j) or (2)(a) occurred in relation to an executive officer of the project proponent; or
 (c) in a case where the project proponent is a trust:
 (i) an event set out in paragraph 99(1)(a), (b), (c) or (d) or (2)(a) occurred in relation to the project proponent; or
 (ii) an event set out in paragraph 97(1)(a), (b), (c), (d) or (j) or (2)(a) occurred in relation to a trustee of the project proponent; or
 (d) in a case where the project proponent is a non‑corporate government body—an event set out in paragraph 99A(1)(a), (b), (c), (d) or (i) or (2)(a) occurred in relation to the project proponent; or
 (e) an event prescribed by the rules has occurred in relation to the project proponent.
 (2) However, this section does not apply to a project proponent of a registered biodiversity project if the event consists of a breach of:
 (a) this Act or an instrument under this Act; or
 (b) a climate change law (within the meaning of the Clean Energy Regulator Act 2011).

Notification
 (3) The project proponent must, within 90 days after the event, notify the Regulator, in writing, of the event.
Civil penalty: 200 penalty units.
 (4) The maximum civil penalty for each day that a contravention of subsection (3) continues is 5% of the maximum civil penalty that can be imposed in respect of that contravention.
Note: Subsection (3) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.