82Notification requirement—reversal of sequestration due to conduct of another person

82 Notification requirement—reversal of sequestration due to conduct of another person

Scope (1) This section applies to an eligible offsets project if the project is: (a) a sequestration offsets project to remove carbon dioxide from the atmosphere; or (b) a sequestration offsets project to remove carbon dioxide from the atmosphere and to avoid emissions of greenhouse gases. Notification (2) The project proponent for the project must: (a) notify the Regulator, in writing, of conduct engaged in by a person (other than the project proponent), where the conduct: (i) is not within the reasonable control of the project proponent; and (ii) causes a reversal of the removal; and (b) do so within 60 days after the project proponent becomes aware that the conduct has been engaged in. (3) The project proponent for the project must: (a) notify the Regulator, in writing, of conduct engaged in by a person (other than the project proponent), where the conduct: (i) is not within the reasonable control of the project proponent; and (ii) is likely to cause a reversal of the removal; and (b) do so within 60 days after the project proponent becomes aware that the conduct has been engaged in. (4) Subsections (2) and (3) do not apply to a reversal unless the reversal is, under the regulations or the legislative rules, taken to be a significant reversal. Ancillary contraventions (5) A person must not: (a) aid, abet, counsel or procure a contravention of subsection (2) or (3); or (b) induce, whether by threats or promises or otherwise, a contravention of subsection (2) or (3); or (c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (2) or (3); or (d) conspire with others to effect a contravention of subsection (2) or (3). Civil penalty provisions (6) Subsections (2), (3) and (5) are civil penalty provisions.

Note: Part 21 provides for pecuniary penalties for breaches of civil penalty provisions.