Document ID: chunk:federal_register_of_legislation:F2025L00230:reg:11:p2
Version: federal_register_of_legislation:F2025L00230
Segment Type: reg
Provision Reference: reg 11 (pt 2/3)
Character Range: 23556–26769

on the level of commitment to protection of biodiversity in native species in the project area.
Projects dealing with culturally significant entities
 (5) A methodology determination must do one of the following:
 (a) require that project proponents of biodiversity projects covered by the methodology determination nominate culturally significant entities that are relevant to the project;
 (b) enable project proponents of biodiversity projects covered by the methodology determination to nominate culturally significant entities that are relevant to the project.
 (6) A methodology determination to which paragraph (5)(a) applies must contain a condition that a biodiversity project proposed to be covered by the methodology determination must not be registered unless the project proponent has identified and described the nominated culturally significant entities in accordance with the processes or requirements specified in the methodology determination.
 (7) A methodology determination to which paragraph (5)(b) applies must contain the following conditions:
 (a) if the project proponent for a biodiversity project proposed to be covered by the methodology determination nominates culturally significant entities that are relevant to the project in the application for registration, the project must not be registered unless the project proponent for the project has identified and described the nominated culturally significant entities in accordance with the processes or requirements specified in the methodology determination;
 (b) if the project proponent for a registered biodiversity project covered by the methodology determination nominates culturally significant entities that are relevant to the project after the project is registered, an application for a biodiversity certificate for the project must not be made unless the project proponent for the project has identified and described the nominated culturally significant entities in accordance with the processes or requirements specified in the methodology determination.
 (8) For the purposes of subsections (6) and (7), the processes or requirements must include a requirement that the project proponent for the project has obtained appropriate consent from the relevant Aboriginal persons or Torres Strait Islanders for the project area for the use of Indigenous knowledge or values, or Indigenous data, to identify and describe the culturally significant entities that are relevant to the project.
Indicators for variable biodiversity project characteristics other than culturally significant entities
 (9) A methodology determination must:
 (a) either:
 (i) specify indicators for each variable biodiversity project characteristic that a project proponent of a biodiversity project proposed to be covered by the methodology determination must identify and describe; or
 (ii) specify processes or requirements that must be met for determining indicators for each variable biodiversity project characteristic that a project proponent of a biodiversity project proposed to be covered by the methodology determination must identify and describe; and
 (b) either:
 (i) contain a benchmark value for each indicator; or
 (ii) require the