Document ID: chunk:federal_register_of_legislation:C2024C00490:section:82
Version: federal_register_of_legislation:C2024C00490
Segment Type: section
Provision Reference: s 82
Character Range: 175579–177567

82  Notification requirement—reversal of sequestration due to conduct of another person

Scope
 (1) This section applies to an eligible offsets project if the project is:
 (a) a sequestration offsets project to remove carbon dioxide from the atmosphere; or
 (b) a sequestration offsets project to remove carbon dioxide from the atmosphere and to avoid emissions of greenhouse gases.

Notification
 (2) The project proponent for the project must:
 (a) notify the Regulator, in writing, of conduct engaged in by a person (other than the project proponent), where the conduct:
 (i) is not within the reasonable control of the project proponent; and
 (ii) causes a reversal of the removal; and
 (b) do so within 60 days after the project proponent becomes aware that the conduct has been engaged in.
 (3) The project proponent for the project must:
 (a) notify the Regulator, in writing, of conduct engaged in by a person (other than the project proponent), where the conduct:
 (i) is not within the reasonable control of the project proponent; and
 (ii) is likely to cause a reversal of the removal; and
 (b) do so within 60 days after the project proponent becomes aware that the conduct has been engaged in.
 (4) Subsections (2) and (3) do not apply to a reversal unless the reversal is, under the regulations or the legislative rules, taken to be a significant reversal.

Ancillary contraventions
 (5) A person must not:
 (a) aid, abet, counsel or procure a contravention of subsection (2) or (3); or
 (b) induce, whether by threats or promises or otherwise, a contravention of subsection (2) or (3); or
 (c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (2) or (3); or
 (d) conspire with others to effect a contravention of subsection (2) or (3).

Civil penalty provisions
 (6) Subsections (2), (3) and (5) are civil penalty provisions.
Note: Part 21 provides for pecuniary penalties for breaches of civil penalty provisions.