Document ID: chunk:federal_register_of_legislation:F2025L00253:clause:8_54
Version: federal_register_of_legislation:F2025L00253
Segment Type: clause
Provision Reference: sch 8 cl 54
Character Range: 98167–100674

54  Application for biodiversity certificate
Note: See paragraphs 45(1)(d) and (i), and 67(2)(b) and (c) of the Act.
 (1) For paragraph 67(2)(b) of the Act, this section sets conditions for the project proponent of a replanting project to apply for the issue of a biodiversity certificate in respect of the replanting project.

Meeting threshold values—ecosystem condition
 (2) The project proponent must be satisfied that, for each activity area, each indicator for ecosystem condition has reached the threshold value.
 (3) The threshold values of the indicators for ecosystem condition are as set out in Schedule 7.
 (4) The application must include a statement to this effect, and supporting evidence in the form of a monitoring report that demonstrates that:
 (a) where the activity area is less than 10 hectares in size—each threshold value for an indicator has been reached in 100% of the permanent sampling plots in the activity area; and
 (b) where the activity area is 10 hectares or more in size – each threshold value for an indicator has been reached in 75% of the permanent sampling plots in the activity area.

Additional culturally significant entities
 (5) If the project plan has been updated to nominate a culturally significant entity since the registration of the project, the application must be accompanied by the updated project plan, which must demonstrate that sections 41 and 45 have been complied with.

Meeting threshold values—culturally significant entities
 (6) The project proponent must be satisfied that, for any culturally significant entity for the replanting project, each indicator for that culturally significant entity has reached the threshold value.
 (7) The threshold values of the indicators for a culturally significant entity are as set out in the project plan in accordance with paragraph 41(3)(b).
 (8) The application must include a statement to this effect, and supporting evidence that the relevant persons have verified that the threshold value has been met for each indicator.

Indigenous knowledge or values
 (9) The following subsection applies if the replanting project includes, or is informed by, Indigenous knowledge or values in relation to the project's design or implementation as mentioned in section 29.
 (10) The application must include evidence that the project proponent has implemented the project consistently with the consent for the use of that knowledge or those values provided by the Aboriginal persons or Torres Strait Islanders.