Document ID: chunk:federal_register_of_legislation:C2024C00514:section:22
Version: federal_register_of_legislation:C2024C00514
Segment Type: section
Provision Reference: s 22
Character Range: 70731–73378

22  Procedures for voluntary variation of registration of biodiversity project
 (1) Rules made for the purposes of subsection 19(1), 20(1) or 21(1) may make provision for or in relation to any or all of the following matters:
 (a) applications for variations under those rules;
 (b) the approval by the Regulator of a form for such an application;
 (c) information that must accompany such an application;
 (d) documents that must accompany such an application;
 (e) verification by statutory declaration of statements in such an application;
 (f) consents that must be obtained for the making of such an application;
 (g) authorising a person to issue a certificate to certify a matter in relation to such an application;
 (h) the fee (if any) that must accompany such an application;
 (i) the withdrawal of such an application;
 (j) empowering the Regulator:
 (i) to require an applicant to give the Regulator further information in connection with such an application; and
 (ii) if the applicant breaches the requirement—to refuse to consider the application, or to refuse to take any action, or any further action, in relation to the application;
 (k) varying a biodiversity certificate issued in respect of a registered biodiversity project (including such a certificate that is held by a person other than the project proponent for the project).
 (2) Subsection (1) does not limit subsection 19(1), 20(1) or 21(1).
 (3) A fee mentioned in paragraph (1)(h) must not be such as to amount to taxation.
 (4) Rules made for the purposes of subsection 19(1), 20(1) or 21(1) must provide that, if the registration of a registered biodiversity project is varied in accordance with those rules, the Regulator must give a copy of the variation to:
 (a) the applicant for the variation; and
 (b) if there is a relevant land registration official in relation to the project—the relevant land registration official; and
 (c) if:
 (i) a biodiversity certificate has been issued in respect of the registered biodiversity project; and
 (ii) the biodiversity certificate is held by a person other than the project proponent;
  the holder of the biodiversity certificate.
 (5) Rules made for the purposes of subsection 19(1), 20(1) or 21(1) must provide that, if the Regulator decides to refuse to vary the registration of a registered biodiversity project in accordance with an application for variation under those rules, the Regulator must give written notice of the decision to the applicant for the variation.

Division 4—Cancellation of registration of biodiversity project

Subdivision A—Voluntary cancellation of registration of biodiversity project