Document ID: chunk:federal_register_of_legislation:C2014A00119:clause:1_388c
Version: federal_register_of_legislation:C2014A00119
Segment Type: clause
Provision Reference: sch 1 cl 388C
Character Range: 131770–133786

388C  Transitional—newness requirement (multiple project proponents)

Scope
(1) This item applies to an offsets project (within the meaning of the new law) if:
 (a) each of 2 or more persons is a project proponent for the project (within the meaning of the new law); and
 (b) at a particular time (the intention notice time) during the period:
 (i) beginning at the start of 1 July 2014; and
 (ii) ending immediately before the commencement of this item;
  those persons jointly gave the Regulator written notice of their intention to make an application during the period:
 (iii) beginning at the commencement of this item; and
 (iv) ending immediately before the start of 1 July 2015;
  for the declaration of the project as an eligible offsets project; and
 (c) the notice sets out:
 (i) the name of the project; and
 (ii) a description of the project; and
 (iii) the location of the project; and
 (d) the notice is accompanied by documentary evidence that each of those persons is a project proponent for the project (within the meaning of the new law); and
 (e) during the period:
 (i) beginning at the commencement of this item; and
 (ii) ending immediately before the start of 1 July 2015;
  those persons make (or are taken by section 138 of the new law to make) an application for the declaration of the project as an eligible offsets project.

Newness requirement
(2) Subparagraph 27(4A)(a)(i) of the new law has effect, for the purposes of the Regulator making a decision on the application, as if:
 (a) the words "has not begun to be implemented" were omitted and the words "had not begun to be implemented at the intention notice time" were substituted; and
 (b) the expression "intention notice time" had the meaning given by subitem (1).

New law
(3) For the purposes of this item, assume that:
 (a) the definition of project proponent in section 5 of the new law; and
 (b) sections 53 and 135 of the new law;
had been in force throughout the period first mentioned in paragraph (1)(b) of this item.