Document ID: chunk:federal_register_of_legislation:F2025C00080:clause:1_23:p5
Version: federal_register_of_legislation:F2025C00080
Segment Type: clause
Provision Reference: sch 1 cl 23 (pt 5/5)
Character Range: 128676–130229

of the variation to:
 (a) the applicant; and
 (b) if the varied declaration relates to a sequestration offsets project—the relevant land registration official for the project.

Refusal
 (7) If the Regulator refuses to vary the declaration, the Regulator must give the applicant written notice of the decision and the reasons for the decision.

When variation takes effect
 (8) A variation to the declaration takes effect so that:
 (a) to the extent that effect of the variation is for an area of land to be removed from a project without becoming part of the project area, or any of the project areas, of another eligible offsets project—the declaration is taken to be varied to remove the area from the start of the current reporting period for the project; and
 (b) if an effect of the variation is for a project area to be subdivided into two or more project areas covering the land within the original project area—the declaration is taken to be varied to apply the subdivided project areas from the start of the current reporting period for the project; and
  (c) otherwise—the varied project area applies from the day on which the next reporting period for the project begins.

Meaning of unconditional eligible offset project
 (9) In this section:
  unconditional eligible offsets project means an eligible offsets project that:
 (a) the Regulator has not specified a condition for in the declaration under subsection 28A(2) of the Act; or
 (b) had a condition in the declaration under subsection 28A(2) of the Act removed under subsection 25(1).