Document ID: chunk:federal_register_of_legislation:F2025C00080:clause:1_24:p3
Version: federal_register_of_legislation:F2025C00080
Segment Type: clause
Provision Reference: sch 1 cl 24 (pt 3/5)
Character Range: 135204–137942

project proponent for the project; and
 (iv) is applying to be identified as a new project proponent for the project on the declaration; or
 (g) if the Regulator:
 (i) has issued a notice under section 33 of an intention to revoke the project; and
 (ii) is satisfied that, unless transferred under this section, the project should be revoked; and
 (iii) is satisfied that identifying the applicant as project proponent is appropriate having regard to:
 (A) whether the applicant or the current landholder for the project caused, or materially contributed to, the need for the Regulator to revoke the project; and
 (B) the actions of a person identified as the project proponent on the declaration which caused the issuance of the notice under section 33; and
 (C) if the project is an area‑based offsets project—any impacts of the decision for native title holders of all or part of the project area; and
 (D) any other matter the Regulator considers relevant;
  a person who:
 (iv) is a project proponent for the project; and
 (v) is applying to be identified as a new project proponent for the project on the declaration; or
 (h) if:
 (i) the project was declared an eligible offsets project on or after 1 July 2020; and
 (ii) the Regulator is satisfied that no person identified on the declaration as the project proponent for the project is a project proponent; and
 (iii) the Regulator is satisfied that identifying the applicant as project proponent is appropriate having regard to:
 (A) whether the applicant or the current landholder for the project caused, or materially contributed to, the identified project proponents no longer being a project proponent; and
 (B) the actions of the persons identified as a project proponent on the declaration which caused them to no longer be a project proponent for the project; and
 (C) if the project is an area‑based offsets project—any impacts of the decision for native title holders of all or part of the project area; and
 (D) any other matter the Regulator considers relevant;
  a person who:
 (iv) is a project proponent for the project; and
 (v) is applying to be identified as a new project proponent for the project on the declaration.
Note:  The new project proponent must also satisfy the fit and proper person requirements under paragraph (1)(b) and the requirements of subparagraphs (2A)(f)(ii), (g)(iii) and (h)(iii) are not intended to limit the matters considered in this assessment or the discretion provided in subsection (1).
 (2B) If the project is an area‑based offsets project for which a registered native title body corporate holds an eligible interest in some or all of the project area—before making a decision under subsection (1) the Regulator must:
 (a) take