Document ID: chunk:federal_register_of_legislation:F2024L01750:reg:73
Version: federal_register_of_legislation:F2024L01750
Segment Type: reg
Provision Reference: reg 73
Character Range: 96862–99467

73  Notification requirements—specified matters
 (1) For the purposes of subsection 114(1) of the Act, the project proponent for a registered biodiversity project must notify the Regulator of a matter specified in subsection (2) of this section.
Note: The person may contravene the civil penalty provision at subsection 114(3) of the Act if the person fails to comply with a requirement in this section.
 (2) The matters are the following:
 (a) any of the following is changed:
 (i) the proponent's name;
 (ii) the proponent's contact details;
 (iii) any other matter in respect of which information was required, under subsection 11(3) of this instrument, to be provided to the Regulator in an application under subsection 11(1) of the Act;
 (b) the proponent becomes aware that there is an error in a biodiversity project report about the project, and the error is relevant to the requirements specified in section 35 that the Regulator must be satisfied of in considering whether to cancel the registration of the project;
 (c) the proponent becomes aware that there is an error in a biodiversity project report about the project, and the error is relevant to the criteria mentioned in subsection 70(2) of the Act that the Regulator must be satisfied of in considering whether to issue a biodiversity certificate in respect of the project;
 (d) there is a change in how the project is being carried out, in respect of which:
 (i) the change is not of a minor nature; and
 (ii) the change relates to activities that are being, or are to be, carried out for the purposes of the project; and
 (iii) the change is relevant to requirements specified in section 35 that the Regulator must be satisfied of in considering whether to cancel the registration of the project; and
 (iv) the proponent has not previously provided information to the Regulator about the change;
 (e) the proponent becomes aware that information to which paragraph 31(2)(b) of the Act applies, that has been given by a person to the Regulator in connection with the project, is false or misleading in a material particular.
Note: For paragraphs (a) and (b), if there are multiple project proponents, the reference to the project proponent is to be read as a reference to each of the multiple project proponents—see section 36 of the Act.
 (3) The notification must:
 (a) be in writing; and
 (b) be made:
 (i) for a matter specified in subparagraph (2)(a)(i) or (ii)—within 30 days after the change occurs; and
 (ii) otherwise—within 60 days after the matter occurs.

Part 12—Deposit of biodiversity certificates with the Regulator