Document ID: chunk:federal_register_of_legislation:F2025C00080:clause:1_30
Version: federal_register_of_legislation:F2025C00080
Segment Type: clause
Provision Reference: sch 1 cl 30
Character Range: 149256–152056

30  Voluntary revocation of declaration of eligible offsets project—no units issued

When Regulator must revoke declaration
 (1) On receiving an application under subsection (2), the Regulator must revoke a declaration made under section 27 of the Act in relation to an offsets project to which no Australian carbon credit units have been issued if:
 (a) the Regulator is satisfied that no Australian carbon credit units have been issued in relation to the project; and
 (b) before the Regulator revokes the declaration the applicant is not removed from being identified on the declaration as the project proponent for the project under section 24.

Application to revoke declaration
 (2) The application must be made by the project proponent for the project and must be in the approved form and be accompanied by the following information or documents:
 (a) the name and contact details of the applicant and whether the applicant is:
 (i) the project proponent; or
 (ii) the nominee of multiple project proponents;
 (b) the unique project identifier for the project;
 (c) a statement that no Australian carbon credit units have been issued for the project;
 (ca) an explanation of whether any other person is likely to consider themselves eligible to be the project proponent for the project and the contact details of any such persons;
 (d) a signed declaration by the applicant that the information included in, and the information and any documents accompanying the application:
 (i) meets the requirements in this subsection; and
 (ii) is accurate.
 (2A) If the Regulator considers that the landholder or another person may want to be considered a project proponent for the project, the Regulator must take reasonable steps to inform that person of the application.

Timing
 (3) The Regulator must take all reasonable steps to ensure that a decision is made on the application:
 (a) if the Regulator requested the applicant to give further information under section 31 in relation to the application—within 90 days after the applicant gave the Regulator the information; or
 (b) otherwise—within 90 days after the application was made.
 (3A) However, the Regulator may delay making a decision on the application if another person has made, or is considering making, an application under section 24.

Notification
 (4) If the Regulator revokes the declaration, the Regulator must, as soon as practicable after revoking the declaration, give a copy of the revocation to:
 (a) the applicant; and
 (b) if the revoked declaration related to a sequestration offsets project—the relevant land registration official for the project.

Refusal
 (5) If the Regulator refuses to revoke the declaration, the Regulator must give the applicant written notice of the decision and the reasons for the decision.