Document ID: chunk:federal_register_of_legislation:C2014A00119:clause:1_28a
Version: federal_register_of_legislation:C2014A00119
Segment Type: clause
Provision Reference: sch 1 cl 28A
Character Range: 45457–47260

28A  Declaration may be subject to condition about obtaining consents from eligible interest holders

Scope
 (1) This section applies if:
 (a) an application under section 22 has been made for a declaration of an offsets project as an eligible offsets project; and
 (b) the Regulator makes a declaration under section 27 in relation to the project; and
 (c) the Regulator is satisfied that there are one or more persons (the relevant interest‑holders) who:
 (i) hold an eligible interest in the project area, or any of the project areas, for the project; and
 (ii) have not consented, in writing, to the making of the application.

Condition
 (2) The Regulator must specify in the declaration that the declaration is subject to the condition that the written consent of each relevant interest‑holder to the existence of the declaration must be obtained before the end of the first reporting period for the project.

Consents
 (3) A consent mentioned in subparagraph (1)(c)(ii) or subsection (2) must be in a form approved, in writing, by the Regulator.
 (4) A consent mentioned in subparagraph (1)(c)(ii) or subsection (2) may be set out in a registered indigenous land use agreement.
 (5) Subsection (3) does not apply to a consent mentioned in subparagraph (1)(c)(ii) or subsection (2) if the consent is set out in a registered indigenous land use agreement.

Registered indigenous land use agreements
 (6) If:
 (a) the declaration is in force; and
 (b) a consent mentioned in subparagraph (1)(c)(ii) or subsection (2) of this section was set out in a registered indigenous land use agreement;
details of the agreement must not be removed from the Register of Indigenous Land Use Agreements under subparagraph 199C(1)(c)(ii) of the Native Title Act 1993 without the written consent of the Regulator.