Document ID: chunk:federal_register_of_legislation:C2024C00490:section:98
Version: federal_register_of_legislation:C2024C00490
Segment Type: section
Provision Reference: s 98
Character Range: 198933–200559

98  Variation or revocation of declaration of carbon maintenance obligation

Scope
 (1) This section applies if a declaration is in force under subsection 97(2) in relation to an area or areas of land.

Variation or revocation
 (2) The Regulator may, by writing, vary or revoke the declaration.
 (3) The Regulator may do so:
 (a) on the Regulator's own initiative; or
 (b) on application made to the Regulator by a person.

Application
 (4) An application under paragraph (3)(b) must:
 (a) be in writing; and
 (b) be in a form approved, in writing, by the Regulator; and
 (c) be accompanied by the fee (if any) specified in the regulations or the legislative rules.
 (5) A fee specified under paragraph (4)(c) must not be such as to amount to taxation.

Notification of variation or revocation
 (6) If the Regulator varies or revokes the declaration, the Regulator must take all reasonable steps to ensure that a copy of the variation or revocation is given to:
 (a) the project proponent for the project; and
 (b) each person who holds an eligible interest in the area, or any of the areas, of land; and
 (c) a person specified in the regulations or the legislative rules; and
 (d) the relevant land registration official.
 (7) A failure to comply with subsection (6) does not affect the validity of a variation or revocation.

Refusal
 (8) If the Regulator decides to refuse to vary or revoke the declaration, the Regulator must give written notice of the decision to the applicant.

Variation or revocation is not a legislative instrument
 (9) A variation or revocation of the declaration is not a legislative instrument.