Document ID: chunk:federal_register_of_legislation:F2025C00080:clause:1_20c:p1
Version: federal_register_of_legislation:F2025C00080
Segment Type: clause
Provision Reference: sch 1 cl 20C (pt 1/6)
Character Range: 98305–101343

20C  Excluded offsets project—notifiable regeneration projects

        (1) For paragraph 27(4)(m) and subsection 56(1) of the Act, if the project is a notifiable regeneration project and this section applies to an application under section 22 of the Act—the project is an excluded offsets project if:
           (a) the project proponent did not make a new ERF regeneration notification meeting all of the following criteria:
               (i) the new ERF regeneration notification was made in the period beginning 18 months before the date of the application under section 22 of the Act and ending on the day of that application (inclusive);
              (ii) all of the proposed project area for the project is within the potential project area set out in the new ERF regeneration notification;
              (iii) the size of the proposed project area does not exceed the maximum project area size set out in the new ERF regeneration notification;
              (iv) the new ERF regeneration notification has not previously been relied upon in relation to an application under section 22 of the Act that resulted in a declaration of an eligible offsets project under subsection 27(2) of the Act; or
           (b) both of the following apply:
              (i) within 30 days of a new ERF regeneration notification being made the Agriculture Minister has sent the project proponent and the Regulator a written statement:
                   (A) stating that the Agriculture Minister intends to make an adverse impact finding in relation to the notification; and
                   (B) setting out the basis for that finding; and
                   (C) inviting the project proponent to send a written response to the designated email account within 20 days;
              (ii) one of the following applies:
                   (A) within 30 days of sending the written statement referenced in subparagraph (1)(b)(i) the Agriculture Minister sends another written statement to the project proponent and Regulator stating that no written response to the first statement was sent within the 20 days;
                   (B) within 45 days of sending the written statement referenced in subparagraph (1)(b)(i) the Agriculture Minister sends another written statement to the project proponent and Regulator making an adverse impact finding in relation to the notification.

        (2) For paragraph 27(4)(m) and subsection 56(1) of the Act, if the project is a notifiable regeneration project and this section applies to an application under subsection 23(3)—the project is an excluded offsets project if the effect of the application is to add an area of land to the project area for the project and:
           (a) the project proponent did not make an ERF regeneration expansion notification meeting all of the following criteria:
               (i) the ERF regeneration expansion notification was made in the period beginning 18 months before the date of the application under subsection 23(3) and ending on the day of that application