Document ID: chunk:federal_register_of_legislation:F2025C00080:clause:1_20c:p3
Version: federal_register_of_legislation:F2025C00080
Segment Type: clause
Provision Reference: sch 1 cl 20C (pt 3/6)
Character Range: 103949–107096

be made by one of those project proponents.

        (6) The Agriculture Minister must arrange for new ERF regeneration notifications and ERF regeneration expansion notifications to be sent to the Regulator along with the date those notifications were made.

        (7) If the Regulator receives an application under section 22 of the Act or subsection 23(3) to which this section applies, the Regulator must not make a decision on whether to make a declaration under section 27 of the Act or decision under subsection 23(1) until:
           (a) if a written statement is sent under subparagraph (1)(b)(i) or (2)(b)(i)—one of the following applies:
              (i) more than 45 days have passed since that statement was sent;
              (ii) another written statement is sent under sub‑subparagraphs (1)(b)(ii)(A) or (B) or sub‑subparagraphs (2)(b)(ii)(A) or (B);
              (iii) the Agriculture Minister informs the project proponent and Regulator that a written statement will not be sent under sub‑subparagraphs (1)(b)(ii)(A) or (B) or sub‑subparagraphs (2)(b)(ii)(A) or (B); or
           (b) otherwise—one of the following applies:
              (i) more than 30 days have passed since the new ERF regeneration notification or ERF regeneration expansion notification was made;
              (ii) the Agriculture Minister informs the project proponent and Regulator that a written statement will not be sent under subparagraph (1)(b)(i) or (2)(b)(i).

        (8) In this section:

       adverse impact finding means:
           (a) in relation to a new ERF regeneration notification—a finding that if the project went ahead there would, in the opinion of the Minister, be a material adverse impact on agricultural production or the local community in the region where the project would be located; or
           (b) in relation to an ERF regeneration expansion notification—a finding that if the project went ahead in the additional project area there would, in the opinion of the Minister, be a material adverse impact on agricultural production or the local community in the region where the additional project area would be located.

       Agriculture Minister means:
           (a) the Minister administering the Agricultural and Veterinary Chemicals Act 1994; or
           (b) an SES employee, or acting SES employee, delegated responsibilities relating to this section by the Minister covered by paragraph (a).

       conservation land means an area that is owned and managed by the Commonwealth, a State or a Territory government for biodiversity conservation.

       designated email account means the email address published by the Agriculture Minister on their Department's website for receiving information relevant to this section.

       ERF regeneration expansion notification means a notification to the designated email account that:
           (a) states that the project proponent is planning to vary the declaration of an existing eligible offsets project to add an area of land to the project area for the project; and
           (b) attaches a geospatial map of the potential additional project area that