Document ID: chunk:federal_register_of_legislation:F2015L00940:reg:6
Version: federal_register_of_legislation:F2015L00940
Segment Type: reg
Provision Reference: reg 6
Character Range: 3424–4956

6  Transitional provision for applications not decided at time of revocation

Note:  The effect of this provision is that if an application was made in relation to a project before the revocation of the relevant determination, the determination will continue to apply in relation to that project as if it had not been revoked.
 (1) This section applies if, at the beginning of 1 July 2015:
 (a) a person has made an ERF transitional application (within the meaning of item 382 of Schedule 1 to the Carbon Farming Initiative Amendment Act 2014) for the declaration of an offsets project as a eligible offsets project; and
 (b) the Regulator has neither:
 (i) declared that the project is an eligible offsets project for the purposes of the Act; nor
 (ii) refused to declare that the project is an eligible offset project for the purposes of the Act: and
 (c) a methodology determination that was revoked by section  applied to the project (the covering determination).
 (2) The covering determination continues to apply to the project as if it had not been revoked, and no other methodology determination applies to the project, until:
 (a) the applicant withdraws the application; or
 (b) the Regulator refuses to declare that the project is an eligible offset project for the purposes of the Act; or
 (c) after the Regulator declares that the project is an eligible offsets project,  the Regulator approves, under section 130, the application of another methodology determination to the project, with effect from a particular time.