Document ID: chunk:federal_register_of_legislation:F2025C00080:clause:1_24:p2
Version: federal_register_of_legislation:F2025C00080
Segment Type: clause
Provision Reference: sch 1 cl 24 (pt 2/5)
Character Range: 132772–135427

requirements in this subsection; and
 (ii) is accurate.
 (2A) A person may apply under subsection (1) if they are:
 (a) a project proponent for the project identified on the declaration as the project proponent for the project; or
 (b) if the person under paragraph (a) is deceased or is incapacitated—that person's legal personal representative making an application on behalf of that person; or
 (c) a person who:
 (i) is a project proponent for the project; and
 (ii) is applying to be identified as a new project proponent for the project on the declaration; and
 (iii) has the written consent of a person identified on the declaration as the project proponent for the project; or
 (d) if an application has been made under section 29 or 30 to voluntarily revoke the declaration of the eligible offsets project—a person who is:
 (i) a project proponent for the project; and
 (ii) applying to be identified as a new project proponent for the project on the declaration; or
 (e) if the person identified on the declaration as the project proponent for the project:
 (i) no longer exists; or
 (ii) has, in the opinion of the Regulator, abandoned the eligible offsets project; or
 (iii) is required by a court order to transfer, or arrange the transfer of, the project to the applicant; or
 (iv) has been determined by the Regulator, in relation to an application under the Act, not to be a fit and proper person;
  a person who:
 (v) is a project proponent for the project; and
 (vi) is applying to be identified as a new project proponent for the project on the declaration; or
 (f) if the Regulator is satisfied:
 (i) that the persons identified on the declaration as the project proponents for the project are either an individual who is an insolvent under administration or a body corporate that is a Chapter 5 body corporate; and
 (ii) that identifying the applicant as project proponent is appropriate having regard to:
 (A) whether the applicant or the current landholder for the project caused, or materially contributed to, the circumstance in subparagraph (i); and
 (B) the actions of a person identified as the project proponent on the declaration which caused the circumstance in (i); and
 (C) if the project is an area‑based offsets project—any impacts of the decision for native title holders of all or part of the project area; and
 (D) any other matter the Regulator considers relevant;
  a person who:
 (iii) is a project proponent for the project; and
 (iv) is applying to be identified as a new project proponent for the project on the declaration; or
 (g) if the Regulator:
 (i) has issued a notice under section 33 of an intention to