Document ID: chunk:federal_register_of_legislation:C2024C00514:section:15:p1
Version: federal_register_of_legislation:C2024C00514
Segment Type: section
Provision Reference: s 15 (pt 1/3)
Character Range: 52960–55788

15  Approval of registration of biodiversity project

Scope
 (1) This section applies if an application under section 11 has been made for the Regulator to approve the registration of a biodiversity project.

Approval
 (2) After considering the application, the Regulator may decide to:
 (a) approve the registration of the biodiversity project, and register the project on the Register; or
 (b) refuse to approve the registration of the biodiversity project.
Note: For review of decisions, see Part 20.
 (3) The Regulator must give written notice of a decision under subsection (2) to:
 (a) the applicant; and
 (b) if:
 (i) the decision is a decision to approve the registration of the biodiversity project; and
 (ii) there is a relevant land registration official in relation to the biodiversity project;
  the relevant land registration official.

Criteria for approval
 (4) The Regulator must not approve the registration of the biodiversity project unless the Regulator is satisfied that:
 (a) the project is being, or is to be, carried on in Australia; and
 (b) the project is of a kind specified, for the purposes of paragraph 45(1)(a), in the methodology determination (the applicable methodology determination) that is specified in the application under paragraph 12(2)(c); and
 (c) the activity period (if any) for the project has been worked out in accordance with the applicable methodology determination; and
 (d) the permanence period for the project complies with section 34; and
 (e) the project meets any conditions set out in the applicable methodology determination under paragraph 45(1)(b); and
 (f) if the applicable methodology determination requires that there must be a project plan for the project:
 (i) there is a project plan for the project; and
 (ii) implementation of the project plan is likely to result in a biodiversity certificate being issued in respect of the project; and
 (g) if the applicable methodology determination does not require that there must be a project plan for the project—carrying out the project is likely to result in a biodiversity certificate being issued in respect of the project; and
 (h) the applicant is to be registered as the project proponent, or one of the project proponents, for the project; and
 (i) the proposed project proponent, or each of the proposed project proponents, is an eligible person; and
 (j) the proposed project proponent, or each of the proposed project proponents, is a fit and proper person; and
 (k) the project area meets the requirements set out in subsection (5); and
 (l) the project area does not consist of, or include, a biodiversity maintenance area or part of a biodiversity maintenance area; and
 (m) the requirements set out in subsection (6) have been met in relation to the project; and
 (n) the project meets the eligibility