Document ID: chunk:federal_register_of_legislation:F2025C00080:clause:1_23:p1
Version: federal_register_of_legislation:F2025C00080
Segment Type: clause
Provision Reference: sch 1 cl 23 (pt 1/5)
Character Range: 118632–121345

23  Project area (or project areas)

When Regulator may vary declaration
 (1) On receiving an application under subsection (3), the Regulator may vary a declaration under section 27 of the Act in relation to an area‑based offsets project, so far as the declaration identifies the project area (or project areas), if the Regulator is satisfied:
 (a) of the matters mentioned in paragraphs 27(4)(a), (b), (c), (e), (f), (g), (l) and (m) and subsections 27(10) and (11) of the Act in so far as they are relevant to the project and proposed varied project area; and
 (b) that the project meets the additionality requirements set out in subsection 27(4A) of the Act in relation to the part of the proposed varied project area that is not part of the existing project area or part of the project area of another offsets project immediately before the application is made; and
 (c) if the declaration relates to a sequestration offsets project—that each person (other than the applicant) who holds an eligible interest in an area of land that is:
 (i) part of the proposed varied project area; and
 (ii) not part of the current project area for the project; and
 (iii) not part of another sequestration offsets project that is an unconditional eligible offsets project;
  has consented, in writing, to the making of the application (see subsection (2)); and
 (ca) if the proposed variation would result in an area of land being moved from a 25‑year permanence period project to a 100‑year permanence period project—that each person (other than the applicant) who holds an eligible interest in an area of land being moved has consented, in writing, to the making of the application (see subsection (2)); and
 (cb) the application would not result in:
 (i) an area of land being moved from an area‑based emissions avoidance project to:
 (A) a sequestration offsets project; or
 (B) an area‑based emissions avoidance project whose crediting period ends after the crediting period for the former area‑based emissions avoidance project; or
 (ii) an area of land being moved from a sequestration offsets project to an area‑based emissions avoidance project; and
 (d) if the declaration relates to a sequestration offsets project and the proposed variation would remove from the project area for the project an area of land for which Australian carbon credit units have been issued under Part 2 of the Act in relation to the sequestration of carbon in that land—that the area of land to be removed from the project area becomes, or becomes part of, the project area, or any of the project areas, for another eligible offsets project that is a sequestration offsets project; and
 (e) if the application relates to a project that