Document ID: chunk:federal_register_of_legislation:F2024L01750:reg:50
Version: federal_register_of_legislation:F2024L01750
Segment Type: reg
Provision Reference: reg 50
Character Range: 67474–69871

50  Regulator may determine that variation does not apply to existing registered biodiversity project
 (1) This section is made for the purposes of subsections 49(4) and (5) of the Act.

Application for determination
 (2) The project proponent for a registered biodiversity project may apply to the Regulator for the Regulator to determine that a variation of the methodology determination that covers the project does not apply to the project.
 (3) The application must:
 (a) be in writing; and
 (b) be in a form approved, in writing, by the Regulator; and
 (c) include evidence that the criteria mentioned in subsection (5) have been met.

Determination
 (4) After considering the application, the Regulator must determine that:
 (a) the variation does not apply to the project; or
 (b) the variation does apply to the project.

Criteria for determination
 (5) The Regulator may determine that the variation does not apply to the project only if the Regulator is satisfied that:
 (a) the methodology determination, in respect of which the variation has been made, covers the project; and
 (b) the project's registration is in effect at the time the variation takes effect; and
 (c) if there are multiple project proponents for the project—the application is made by the nominee in relation to the project on behalf of the multiple project proponents; and
 (d) the effect of section 49 is that the variation applies, or will apply, to the project; and
 (e) if the variation applies to the project, it is likely that:
 (i) the biodiversity outcome for the project would not be achieved; or
 (ii) practical difficulties would arise due to the advanced nature of the project; or
 (iii) the costs of applying the variation would be unreasonable in the circumstances.

Timing
 (6) The Regulator must take all reasonable steps to ensure that a decision is made on the application:
 (a) if the Regulator requires the applicant to give further information under section 128 in relation to the application—within 90 days after the applicant gave the Regulator the information; or
 (b) otherwise—within 90 days after the application was made.

Notification of decision
 (7) As soon as practicable after making the decision, the Regulator must:
 (a) give the applicant a written notice of the decision; and
 (b) if the decision is to refuse the application—give the applicant the reasons for the decision.