Document ID: chunk:federal_register_of_legislation:C2024C00514:section:104a
Version: federal_register_of_legislation:C2024C00514
Segment Type: section
Provision Reference: s 104A
Character Range: 205053–206309

104A  Alternative assurance agreements
 (1) The Regulator and the project proponent for a registered biodiversity project may enter into a written agreement that:
 (a) applies to a specified reporting period; and
 (b) is for the purpose of providing assurance to the Regulator about the project proponent's compliance with this Act in relation to the project during the reporting period; and
 (c) contains one or more assurance measures, where each measure is of a kind prescribed by the rules.
 (2) An agreement under subsection (1) is to be known as an alternative assurance agreement.

Civil penalty provision
 (3) The project proponent for a registered biodiversity project contravenes this subsection if:
 (a) the project proponent enters into an alternative assurance agreement with the Regulator; and
 (b) the project proponent does not comply with the alternative assurance agreement.
Civil penalty: 200 penalty units.
 (4) The maximum civil penalty for each day that a contravention of subsection (3) continues is 5% of the maximum civil penalty that can be imposed in respect of that contravention.
Note: Subsection (3) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.

Division 3—Notification requirements