Document ID: chunk:federal_register_of_legislation:F2024L01750:reg:20:p1
Version: federal_register_of_legislation:F2024L01750
Segment Type: reg
Provision Reference: reg 20 (pt 1/2)
Character Range: 39816–42540

20  Approval of variation

Approval
 (1) After considering an application made by the project proponent for a registered biodiversity project under section 19, the Regulator must decide:
 (a) to vary the registration of the project in respect of any of the following:
 (i) the project area;
 (ii) the methodology determination that covers the project;
 (iii) the project's activity period (if any);
 (iv) the project's permanence period; or
 (b) to refuse to vary the registration of the project.

Criteria for approval
 (2) The Regulator may decide to vary the registration of the project only if the Regulator is satisfied that:
 (a) subject to subsection (3), the criteria for the approval of the registration under subsection 15(4) of the Act are met to the extent that they are relevant to the project as proposed to be varied; and
 (b) if the application is in respect of the project area and that area, as proposed to be varied, would include new areas—the application has not been made during the period specified in an order (if any) under subsection 16(1) of the Act that relates to the methodology determination (the applicable methodology determination) that covers the project; and
 (c) if the application is in respect of the applicable methodology determination:
 (i) the requirements of subsection 20(2) of the Act are met in respect of the methodology determination that is proposed to cover the project as a result of the variation; and
 (ii) the application has not been made during the period specified in an order (if any) under subsection 16(1) of the Act that relates to the proposed determination; and
 (d) if the application is in respect of the project's permanence period—the variation would not reduce that period; and
 (e) if there are multiple project proponents for the project—the application is made by the nominee in relation to the project on behalf of the multiple project proponents; and
 (f) if a biodiversity certificate is in effect for the project, and the project proponent is not the holder of the certificate—either:
 (i) the holder of the certificate has consented, in writing, to the variation; or
 (ii) the variation would not result in a material change to the certificate; and
 (g) if a biodiversity certificate is not in effect for the project—an application for the issue of a biodiversity certificate has not been made.
 (3) Paragraph (2)(a) does not apply in relation to the criteria mentioned in paragraph 15(4)(o) of the Act if:
 (a) the application is to vary the registration of the project in respect of the project area; and
 (b) the project area as proposed to be varied:
 (i) would be reduced; and
 (ii) would not include any new areas.

Timing
 (4) The Regulator