77Declaration that offsets report requirement does not apply

#### 77 Declaration that offsets report requirement does not apply Regulations or legislative rules (1) The regulations or the legislative rules may make provision for and in relation to empowering the Regulator to declare that subsection 76(2) does not apply to a particular eligible offsets project. (2) Regulations or legislative rules made for the purposes of subsection (1) must not empower the Regulator to make a declaration unless: (a) the project is a sequestration offsets project; and (b) the project proponent for the project applies to the Regulator for the declaration; and (c) the Regulator is satisfied that the project has reached its maximum carbon sequestration capacity. (3) Regulations or legislative rules made for the purposes of subsection (1) may make provision for or in relation to any or all of the following matters: (a) applications for declarations under those regulations or legislative rules, as the case may be; (b) the approval by the Regulator of a form for such an application; (c) information that must accompany such an application; (d) documents that must accompany such an application; (e) verification by statutory declaration of statements in such an application; (f) the fee (if any) that must accompany such an application; (g) the withdrawal of such an application; (h) 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 requirement—to refuse to consider the application, or to refuse to take any action, or any further action, in relation to the application. (4) Subsection (3) does not limit subsection (1). (5) A fee mentioned in paragraph (3)(f) must not be such as to amount to taxation. When a declaration takes effect (6) A declaration under regulations or legislative rules made for the purposes of subsection (1) takes effect: (a) when it is made; or (b) if a later day is specified in the declaration—on that later day.