Document ID: chunk:federal_register_of_legislation:C2024C00514:section:147
Version: federal_register_of_legislation:C2024C00514
Segment Type: section
Provision Reference: s 147
Character Range: 241228–242559

147  Relinquishment notice—reversal of biodiversity outcome due to natural disturbance or conduct and no mitigation happens

Scope
 (1) This section applies if:
 (a) a biodiversity certificate (the original biodiversity certificate) has been issued in relation to a biodiversity project (whether or not the certificate remains in effect); and
 (b) subject to rules made for the purposes of section 148, there has been a significant reversal of the biodiversity outcome to which the project relates; and
 (c) the reversal is attributable to:
 (i) natural disturbance; or
 (ii) conduct engaged in by a person (other than the project proponent for the project), where the conduct is not within the reasonable control of the project proponent; and
 (d) the Regulator is not satisfied that the project proponent has, within a reasonable period, taken reasonable steps to mitigate the effect of the natural disturbance or conduct, as the case may be, on the project; and
 (e) the permanence period of the project has not ended.

Relinquishment notice
 (2) The Regulator may give a relinquishment notice, in relation to the original biodiversity certificate, to the project proponent.
Note 1: For projects with multiple project proponents, see Part 3 (and in particular sections 40 and 43).
Note 2: For review of decisions, see Part 20.