Document ID: chunk:federal_register_of_legislation:C2024C00514:section:45:p1
Version: federal_register_of_legislation:C2024C00514
Segment Type: section
Provision Reference: s 45 (pt 1/2)
Character Range: 100852–103711

45  Methodology determinations
 (1) The Minister may, by legislative instrument, make a determination that:
 (a) is expressed to cover a specified kind of biodiversity project; and
 (b) sets out conditions that must be met for such a project to be registered as a registered biodiversity project; and
 (c) provides, for the purposes of paragraph 162(1)(k), for information that is to be included in the entry in the Register for such a project; and
 (d) sets out:
 (i) for the purposes of paragraph 67(2)(b), conditions that must be met for an application to be made for a biodiversity certificate to be issued in respect of such a project; and
 (ii) for the purposes of paragraph 67(2)(c), a method of working out the time after which such applications may be made; and
 (e) sets out, for the purposes of paragraph 70(2)(h), conditions that must be met for a biodiversity certificate to be issued in respect of such a project; and
 (f) requires, for the purposes of paragraph 108(1)(b), the project proponent for such a project to notify the Regulator of specified matters relating to the project; and
 (g) provides, for the purposes of paragraphs 164(1)(d) and (2)(d), for information that is to be included in the entry in the Register for a biodiversity certificate issued in relation to such a project; and
 (h) sets out the activities that are to be carried out for the purposes of such a project; and
 (i) provides for the activity period (if any) of such a project to be worked out.
 (2) A determination made under subsection (1) is a methodology determination.
Note: For the duration of a methodology determination, see section 50.
 (3) A methodology determination may impose any of the following on the project proponent of a registered biodiversity project that is covered by the methodology determination:
 (a) specified requirements to carry out activities in the project area for the purposes of the project;
 (b) specified requirements to ensure that specified activities are not carried out, by the project proponent or any other person, in the project area;
 (c) specified requirements to include information relating to the project in each biodiversity project report about the project;
 (d) specified requirements to notify one or more matters relating to the project to the Regulator;
 (e) specified record‑keeping requirements relating to the project;
 (f) specified requirements to monitor the project.
Note: See section 46 (civil penalties—requirements in methodology determination).
 (4) A methodology determination may exempt traditional Indigenous activities from a requirement imposed under paragraph (3)(b).
 (5) Conditions set out under paragraph (1)(b), (d) or (e) must include:
 (a) in a case where the methodology determination covers a kind of biodiversity project that involves enhancement of biodiversity—conditions relating