Document ID: chunk:federal_register_of_legislation:F2025C00080:clause:1_25
Version: federal_register_of_legislation:F2025C00080
Segment Type: clause
Provision Reference: sch 1 cl 25
Character Range: 141135–143962

25  Removal of condition

When Regulator must remove conditions from declaration
 (1) The Regulator must vary a declaration made under section 27 of the Act in relation to an offsets project to remove a condition mentioned in subsection 28(2) or 28A(2) of the Act if:
 (a) the Regulator receives an application under subsection (2); and
 (b) the Regulator is satisfied that the condition has been met.

Application to vary 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) if the declaration is subject to the condition mentioned in subsection 28(2) of the Act—a statement that all regulatory approvals for the project have been obtained and for each regulatory approval:
 (i) a description of the approval, including the name of the regulatory authority responsible for issuing the approval and any reference numbers or other identifies for the approval; and
 (ii) if requested by the Regulator, a certified copy of the approval; and
 (iii) the applicant's authorisation that the Regulator may contact all relevant regulatory authorities for the project to discuss whether regulatory approvals have been obtained;
 (d) if the declaration is subject to the condition mentioned in subsection 28A(2) of the Act—a statement that written consent of each relevant interest‑holder has been obtained;
 (e) 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.

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 26 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.

Notification
 (4) If the Regulator varies the declaration, the Regulator must, as soon as practicable after varying the declaration, give a copy of the variation to:
 (a) the applicant; and
 (b) if the varied declaration relates to a sequestration offsets project—the relevant land registration official for the project.

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

When variation takes effect
 (6) A variation to the declaration takes effect when the variation is made.