Document ID: chunk:federal_register_of_legislation:C2024C00514:section:49:p2
Version: federal_register_of_legislation:C2024C00514
Segment Type: section
Provision Reference: s 49 (pt 2/2)
Character Range: 116296–118244

must accompany such an application;
 (f) the withdrawal of such an application;
 (g)  empowering the Regulator:
 (i) to require an applicant to give the Regulator further information in connection with such an application; and
 (ii) if the applicant breaches the requirements—to refuse to consider the application, or to refuse to take any action, or any further action, in relation to the application.
 (6) A fee mentioned in paragraph (5)(e) must not be such as to amount to taxation.

Effect of variation on application for approval of registration
 (7) If:
 (a) a variation of a methodology determination takes effect; and
 (b) at the time the variation takes effect, an application under section 11 for the Regulator to approve the registration of a biodiversity project has been made, and the Regulator has not decided to:
 (i) approve the registration; or
 (ii) refuse to approve the registration; and
 (c) the application proposes that the project is to be covered by the methodology determination;
then:
 (d) the methodology determination as varied applies to the application; and
 (e) if the biodiversity project is registered, the project is covered by the methodology determination as varied.
 (8) The rules may provide for any of the following:
 (a) the Regulator to notify an eligible person that an application made by the eligible person under this Act is affected by a variation of a methodology determination, as mentioned in subsection (7);
 (b) the Regulator to give the eligible person an opportunity to withdraw or vary the application before the Regulator considers the application.

Refund of fee
 (9) If:
 (a) an application is withdrawn under rules made for the purposes of subsection (5) or (8); and
 (b) the applicant has paid a fee in relation to the application;
the Regulator must, on behalf of the Commonwealth, refund the application fee.

Subdivision C—Duration, expiry and revocation of methodology determinations