Document ID: chunk:federal_register_of_legislation:C2024C00514:section:45:p2
Version: federal_register_of_legislation:C2024C00514
Segment Type: section
Provision Reference: s 45 (pt 2/2)
Character Range: 103426–106221

activities from a requirement imposed under paragraph (3)(b).
 (5) Conditions set out under paragraph (1)(b), (d) or (e) must include:
 (a) in a case where the methodology determination covers a kind of biodiversity project that involves enhancement of biodiversity—conditions relating to the measurement or assessment of the enhancement of biodiversity; and
 (b) in a case where the methodology determination covers a kind of biodiversity project that involves protection of biodiversity—conditions relating to the measurement or assessment of the protection of biodiversity.
 (6) Requirements imposed under paragraph (1)(f) or (3)(c), (d) or (f) must include:
 (a) in a case where the methodology determination covers a kind of biodiversity project that involves enhancement of biodiversity—requirements relating to the measurement or assessment of the enhancement of biodiversity; and
 (b) in a case where the methodology determination covers a kind of biodiversity project that involves protection of biodiversity—requirements relating to the measurement or assessment of the protection of biodiversity.
 (7) A methodology determination may require that:
 (a) there must be a project plan for a registered biodiversity project that is covered by the methodology determination; and
 (b) the project plan must remain in force until the time ascertained in accordance with the methodology determination.
 (8) A methodology determination may prescribe matters required or permitted by this Act to be prescribed by a methodology determination.
 (9) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901, a methodology determination may make different provision in relation to different kinds of biodiversity projects covered by the determination.
Note: For example, a methodology determination may set out requirements under paragraph (1)(b) that differ depending on which region the project area of a biodiversity project is in.
 (10) Despite subsection 14(2) of the Legislation Act 2003, a methodology determination may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.
 (11) A methodology determination may make provision in relation to a matter by conferring a power to make a decision of an administrative character on the Regulator.
Note: For review of decisions, see Part 20.

Biodiversity assessment instruments
 (12) The Minister must not make a methodology determination unless there is a biodiversity assessment instrument that applies to the determination.
 (13) A methodology determination must comply with any requirements prescribed by a biodiversity assessment instrument that applies to the determination.