Document ID: chunk:federal_register_of_legislation:C2024C00514:section:12:p1
Version: federal_register_of_legislation:C2024C00514
Segment Type: section
Provision Reference: s 12 (pt 1/2)
Character Range: 48584–51429

12  Form of application
 (1) An application must:
 (a) be in writing; and
 (b) be in a form approved, in writing, by the Regulator.
 (2) An application must:
 (a) specify the proposed project area; and
 (b) if the project is to have more than one project proponent—specify the eligible persons who are proposed to be the project proponents along with the applicant; and
 (c) specify the methodology determination (the applicable methodology determination) that is proposed to cover the project; and
 (d) specify the proposed activity period (if any), which must be worked out in accordance with the applicable methodology determination; and
 (e) specify the proposed permanence period, which, subject to subsection 34(2), must be:
 (i) a type A permanence period; or
 (ii) a type B permanence period; or
 (iii) a type C permanence period; and
 (f) include such other information as is specified in the rules; and
 (g) include such other information as is specified in the applicable methodology determination.
 (3) An application must be accompanied by:
 (a) if the rules or the applicable methodology determination provides that this paragraph applies to the proposed project—an audit report that is:
 (i) prescribed by the rules or the applicable methodology determination (as the case requires); and
 (ii) prepared by a registered greenhouse and energy auditor who has been appointed as an audit team leader for the purpose; and
 (b) if there are to be project proponents other than the applicant—evidence that each other project proponent consents to being a project proponent for the project; and
 (c) if a registered indigenous land use agreement is relevant to the Regulator's decision on the application—a copy of relevant parts of the agreement; and
 (d) if the applicable methodology determination provides that there must be a project plan for a project covered by the methodology determination—a project plan for the project; and
 (e) such other documents (if any) as are specified in the rules; and
 (f) such other documents (if any) as are specified in the applicable methodology determination; and
 (g) the fee (if any) specified in the rules.
 (4) The approved form of application may provide for verification by statutory declaration of statements in applications.
 (5) A fee specified under paragraph (3)(g) must not be such as to amount to taxation.

Registered native title body corporate
 (6) If:
 (a) the applicant is a native title holder for an exclusive possession native title area; and
 (b) the proposed project area consists of, or includes, the exclusive possession native title area; and
 (c) there is a registered native title body corporate for the exclusive possession native title area; and
 (d) the applicant is not the registered native title body corporate;
the application must specify the registered native