Document ID: chunk:federal_register_of_legislation:F2024L01750:reg:16:p1
Version: federal_register_of_legislation:F2024L01750
Segment Type: reg
Provision Reference: reg 16 (pt 1/2)
Character Range: 32596–35324

16  Approval of variation

Approval
 (1) After considering an application made by the project proponent for a registered biodiversity project under section 15, the Regulator must decide:
 (a) to vary the registration of the project to add an eligible person as a project proponent of the project; or
 (b) to vary the registration of the project to remove a project proponent from the project; or
 (c) to refuse to vary the registration of the project.

Criteria for approval
 (2) The Regulator may decide to vary the registration of the project only if the Regulator is satisfied that:
 (a) if the application is to add an eligible person as a project proponent of the project:
 (i) the eligible person has consented, in writing, to the variation; and
 (ii) the identity of the eligible person is verified in accordance with the identification procedures in Division 1 of Part 21; and
 (iii) the eligible person is a fit and proper person; and
 (b) if the application is to remove a project proponent from the project:
 (i) the project proponent proposed to be removed consents to the variation; and
 (ii) the removal will not result in there not being any project proponents for the project; and
 (iii) the remaining project proponents will have the capability and resources to carry out the project; and
 (c) if there are multiple project proponents for the project—the application is made by the nominee in relation to the project on behalf of the multiple project proponents; and
 (d) the requirements in subsection (3) have been met in relation to:
 (i) if a biodiversity certificate is in effect in relation to the project, and the project proponent for the project is not the holder of the certificate—the holder of the certificate; and
 (ii) if the project area is or includes a native title area and there is a registered native title body corporate for the native title area that is not a project proponent for the project—the registered native title body corporate; and
 (e) if the applicant is required to give security to the Commonwealth under subsection (4)—the applicant has given the required security to the Commonwealth.

Consultation requirements
 (3) The Regulator must consult a person mentioned in paragraph (2)(d) by:
 (a) notifying the person, in writing, of the proposed variation; and
 (b) giving the person the opportunity to make submissions in relation to the proposed variation within a period of no less than 28 days.

Regulator may require applicant to give security
 (4) The Regulator may require the applicant to give the Commonwealth security in relation to the fulfilment of any requirements to relinquish biodiversity certificates that may be imposed under Part 13 of the Act in relation to