Document ID: chunk:federal_register_of_legislation:C2024C00514:section:70
Version: federal_register_of_legislation:C2024C00514
Segment Type: section
Provision Reference: s 70
Character Range: 153491–155917

70  Issue of biodiversity certificate

Scope
 (1) This section applies if an application under section 67 has been made for the issue of a biodiversity certificate in respect of a registered biodiversity project.

Issue of certificate
 (2) If the Regulator is satisfied that:
 (a) the applicant is a fit and proper person; and
 (b) the applicant is the project proponent for the project; and
 (c) if the registration of the registered biodiversity project is subject to a condition under section 17 (obtaining regulatory approvals)—that condition has been met; and
 (d) if the registration of the registered biodiversity project is subject to a condition under section 18 (obtaining consents from eligible interest holders)—that condition has been met; and
 (e) if the registration of the registered biodiversity project is subject to a condition under section 18A (obtaining consent from registered native title body corporate)—that condition has been met; and
 (f) the project is sufficiently progressed to have resulted in, or be likely to result in, the biodiversity outcome for the project; and
 (g) if the rules specify one or more other eligibility requirements for the purposes of this paragraph—those requirements are met; and
 (h) if the methodology determination that covers the project specifies conditions for the purposes of paragraph 45(1)(e)—those conditions are met;
the Regulator must issue a biodiversity certificate to the applicant in respect of the project by making an entry in a Register account held by the applicant.
Note 1: For fit and proper person, see sections 97, 98, 99 and 99A.
Note 2: For projects with multiple project proponents, see Part 3.
Note 3: For review of decisions, see Part 20.
 (3) A biodiversity certificate must set out such matters (if any) as are specified in the rules.

Timing
 (4) 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 subsection 69(1) 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.

Notice
 (5) The Regulator must give the applicant notice in writing if the Regulator:
 (a) decides to issue a biodiversity certificate to the applicant; or
 (b) decides not to issue a biodiversity certificate to the applicant.