Document ID: chunk:federal_register_of_legislation:F2025L00253:clause:8_45:p1
Version: federal_register_of_legislation:F2025L00253
Segment Type: clause
Provision Reference: sch 8 cl 45 (pt 1/2)
Character Range: 69996–72934

45  Culturally significant entities of a replanting project
Note: See section 16 of the BAI
 (1) This section sets out how the project proponent for a replanting project can identify a thing, place, matter or process (the entity) that is within the project area to nominate as a culturally significant entity for the project in accordance with section 41.
 (2) In this section, a reference to relevant Aboriginal persons or Torres Strait Islanders for the project area includes a reference to any relevant Indigenous representatives for the project area.
 (3) Before making the nomination, the project proponent must:
 (a) engage with relevant Aboriginal persons or Torres Strait Islanders for the project area (the relevant persons); and
 (b) determine that the entity is of cultural significance to the relevant persons; and
 (c) be satisfied that that the enhancement or protection of the entity will contribute to achieving the project outcome.
Note: This is a culturally significant entity relevant to the project for the purposes of sections 11 and 16 of the BAI.

Indicators and restoration targets
 (4) The nomination may be made only if the project proponent has established the following:
 (a) how the culturally significant entity will be identified and described;
 (b) the project activities that will contribute to protection or enhancement of the culturally significant entity;
 (c) indicators to measure and assess change to the culturally significant entity, and the process by which these will be assessed by the relevant persons;
 (d) the starting value of each of the indicators;
 (e) the threshold values of each of the indicators;
 (f) appropriate restoration targets for each of the indicators.

Required processes and documentation
 (5) The project proponent must be able to demonstrate and document, with culturally appropriate evidence:
 (a) that they have done all of the following:
 (i) identified and engaged with the relevant persons;
 (ii) obtained appropriate consent from the relevant persons for the use of Indigenous knowledge or values to identify and describe the culturally significant entity;
 (iii) appropriately engaged with the relevant persons in relation to each of the above matters for the culturally significant entity;
 (iv) identified (or, where relevant, identified and described) each of the above matters, for the culturally significant entity, consistently with any requirements of the relevant persons;
 (v) obtained agreement from the relevant persons to the proposed culturally appropriate verification process that will be followed to demonstrate the delivery of change to the culturally significant entity;
 (vi) obtained agreement from the relevant persons on how information relating to the culturally significant entity will be provided to the Regulator and the extent to which it can be included on the Register; and
 (b) that the project activities are likely to result in the