Document ID: chunk:federal_register_of_legislation:F2025C00080:clause:1_9:p1
Version: federal_register_of_legislation:F2025C00080
Segment Type: clause
Provision Reference: sch 1 cl 9 (pt 1/3)
Character Range: 33515–36415

9  Issue of certificate of entitlement—eligibility requirements
 (1) For paragraph 15(2)(h) of the Act, this section specifies eligibility requirements that must be met in order for a certificate of entitlement to be issued in respect of an eligible offsets project for a reporting period.

Requirement relating to audit reports
 (2) It is an eligibility requirement that an audit report accompanying the application for the certificate of entitlement must set out, for each of the matters audited, one of the following results:
 (a) a reasonable assurance conclusion;
 (b) a qualified reasonable assurance conclusion.

Requirement relating to regulatory approvals
 (3) It is an eligibility requirement that, if:
 (a) a regulatory approval is required for the project because of a change in the way the project is being operated; and
 (b) neither of the following apply:
 (i) the application for a section 27 declaration in relation to the project was, in accordance with paragraph 13(1)(j), accompanied by information about the approval;
 (ii) the section 27 declaration in relation to the project was, under subsection 28(2) of the Act, subject to the condition that the approval be obtained;
the approval must be obtained for the project.

Requirement relating to requirements in lieu of government program requirement
 (4) It is an eligibility requirement that, throughout the reporting period, the project met the requirements set out in section 21.

Requirement relating to consent
 (5) It is an eligibility requirement that, if:
 (a) an offsets project involves carbon abatement at a facility that is, or is likely to be, a designated large facility for the current financial year; and
 (b) the project proponent, or (if there are multiple project proponents) one of the project proponents, does not have operational control of the facility;
the project proponent, or (if there are multiple project proponents) one of the project proponents, must have consent to carry out the project from the person who has operational control of the facility immediately before the Regulator issues the certificate of entitlement under subsection 15(2) of the Act.
Note: The consent required by this subsection may already have been obtained at the declaration of the eligible offset project to comply with section 20.

Requirement relating to compliance with bushfire legislation
 (6) If an offsets project is a savanna emissions avoidance project or savanna sequestration project—it is an eligibility requirement that, throughout the reporting period, any burning of the project area that:
 (a) was carried out as part of the project; and
 (b) required a permit under the applicable bushfire legislation;
was carried out:
 (c) during the time allowed under a relevant permit; or
 (d) outside the time allowed under a relevant permit in circumstances where:
 (i) the Regulator is satisfied that there was a