Document ID: chunk:federal_register_of_legislation:C2024C00490:section:37
Version: federal_register_of_legislation:C2024C00490
Segment Type: section
Provision Reference: s 37
Character Range: 114050–115618

37  Unilateral revocation of declaration of eligible offsets project—person responsible for carrying out project ceases to be the project proponent
 (1) The regulations or the legislative rules may make provision for and in relation to empowering the Regulator to revoke a declaration under section 27 in relation to an offsets project.
 (2) Regulations or legislative rules made for the purposes of subsection (1) must not empower the Regulator to revoke a declaration unless:
 (a) the person who is responsible for carrying out the project ceases to be the project proponent for the project; and
 (b) 90 days pass after the cessation, and the person who, at the end of that 90‑day period, is responsible for carrying out the project is not:
 (i) the project proponent for the project; and
 (ii) a person who passes the fit and proper person test.
Note: For the fit and proper person test, see section 60.
 (3) Regulations or legislative rules made for the purposes of subsection (1) must require the Regulator to consult the project proponent for the project before deciding to revoke a declaration.
 (4) Regulations or legislative rules made for the purposes of subsection (1) must provide that, if a declaration of an eligible offsets project is revoked in accordance with those regulations or legislative rules, as the case may be, the Regulator must give a copy of the revocation to:
 (a) the person who is responsible for carrying out the project; and
 (b) if the declaration relates to a sequestration offsets project—the relevant land registration official.