Document ID: chunk:federal_register_of_legislation:F2025C00080:clause:1_24:p1
Version: federal_register_of_legislation:F2025C00080
Segment Type: clause
Provision Reference: sch 1 cl 24 (pt 1/5)
Character Range: 130231–133010

24  Project proponent

When Regulator must vary declaration
 (1) On receiving an application under subsection (2), the Regulator may vary a declaration made under section 27 of the Act in relation to an offsets project, so far as the declaration identifies the project proponent for the project, if the Regulator is satisfied that:
 (a) any person being identified as project proponent on the declaration is a project proponent of the project within the meaning of the Act; and
 (b) if a person is being identified as project proponent on the declaration as a result of the variation (a new project proponent)—that person passes the fit and proper person test; and
 (c) if a person identified on the declaration is no longer a project proponent for the project—that person is being removed from the declaration; and
 (d) if the applicant is required to give security to the Commonwealth under subsection (3)—the applicant has given the required security to the Commonwealth.

Application to vary declaration
 (2) The application must be made by a person satisfying subsection (2A) and must be in the approved form and be accompanied by the following information or documents:
 (a) the name and contact details of the applicant, which paragraph of subsection (2A) applies to the applicant and whether the applicant is:
 (i) a project proponent; or
 (ii) the nominee of multiple project proponents;
 (b) the unique project identifier for the project;
 (c) the name and contact details of any new project proponent;
 (d) if applicable, the nominee of the project proponents;
 (e) if there is to be a new project proponent—the information and documents mentioned in Subdivision C of Division 1 of Part 3 (which deals with establishing the applicant's identity) that would be required to accompany the application if the new project proponent was applying for a declaration of an offsets project as an eligible offsets project;
 (f) if there is to be a new project proponent—documents that show that the new project proponent has agreed to become, and has become, the project proponent of the project;
 (g) whether any person identified on the declaration as a project proponent for the project is no longer a project proponent for the project;
 (h) any information or documents necessary to substantiate that the requirements of subsection (2A) are met in relation to the application;
 (i) a signed declaration by the applicant that the information included in, and the information and any documents accompanying the application:
 (i) meets the requirements in this subsection; and
 (ii) is accurate.
 (2A) A person may apply under subsection (1) if they are:
 (a) a project proponent for the project identified on the declaration as the project proponent for the project; or
 (b) if