Document ID: chunk:federal_register_of_legislation:C2014A00119:clause:1_388b
Version: federal_register_of_legislation:C2014A00119
Segment Type: clause
Provision Reference: sch 1 cl 388B
Character Range: 129839–131770

388B  Transitional—newness requirement (single project proponent)

Scope
(1) This item applies to an offsets project (within the meaning of the new law) if:
 (a) a person is the only project proponent for the project (within the meaning of the new law); and
 (b) at a particular time (the intention notice time) during the period:
 (i) beginning at the start of 1 July 2014; and
 (ii) ending immediately before the commencement of this item;
  the person gave the Regulator written notice of the person's intention to make an application during the period:
 (iii) beginning at the commencement of this item; and
 (iv) ending immediately before the start of 1 July 2015;
  for the declaration of the project as an eligible offsets project; and
 (c) the notice sets out:
 (i) the name of the project; and
 (ii) a description of the project; and
 (iii) the location of the project; and
 (d) the notice is accompanied by documentary evidence that the person is the only project proponent for the project (within the meaning of the new law); and
 (e) during the period:
 (i) beginning at the commencement of this item; and
 (ii) ending immediately before the start of 1 July 2015;
  the person makes an application for the declaration of the project as an eligible offsets project.

Newness requirement
(2) Subparagraph 27(4A)(a)(i) of the new law has effect, for the purposes of the Regulator making a decision on the application, as if:
 (a) the words "has not begun to be implemented" were omitted and the words "had not begun to be implemented at the intention notice time" were substituted; and
 (b) the expression "intention notice time" had the meaning given by subitem (1).

New law
(3) For the purposes of this item, assume that:
 (a) the definition of project proponent in section 5 of the new law; and
 (b) section 53 of the new law;
had been in force throughout the period first mentioned in paragraph (1)(b) of this item.