23Project area (or project areas)

23 Project area (or project areas)

When Regulator may vary declaration (1) On receiving an application under subsection (3), the Regulator may vary a declaration under section 27 of the Act in relation to an area‑based offsets project, so far as the declaration identifies the project area (or project areas), if the Regulator is satisfied: (a) of the matters mentioned in paragraphs 27(4)(a), (b), (c), (e), (f), (g), (l) and (m) and subsections 27(10) and (11) of the Act in so far as they are relevant to the project and proposed varied project area; and (b) that the project meets the additionality requirements set out in subsection 27(4A) of the Act in relation to the part of the proposed varied project area that is not part of the existing project area or part of the project area of another offsets project immediately before the application is made; and (c) if the declaration relates to a sequestration offsets project—that each person (other than the applicant) who holds an eligible interest in an area of land that is: (i) part of the proposed varied project area; and (ii) not part of the current project area for the project; and (iii) not part of another sequestration offsets project that is an unconditional eligible offsets project; has consented, in writing, to the making of the application (see subsection (2)); and (ca) if the proposed variation would result in an area of land being moved from a 25‑year permanence period project to a 100‑year permanence period project—that each person (other than the applicant) who holds an eligible interest in an area of land being moved has consented, in writing, to the making of the application (see subsection (2)); and (cb) the application would not result in: (i) an area of land being moved from an area‑based emissions avoidance project to: (A) a sequestration offsets project; or (B) an area‑based emissions avoidance project whose crediting period ends after the crediting period for the former area‑based emissions avoidance project; or (ii) an area of land being moved from a sequestration offsets project to an area‑based emissions avoidance project; and (d) if the declaration relates to a sequestration offsets project and the proposed variation would remove from the project area for the project an area of land for which Australian carbon credit units have been issued under Part 2 of the Act in relation to the sequestration of carbon in that land—that the area of land to be removed from the project area becomes, or becomes part of, the project area, or any of the project areas, for another eligible offsets project that is a sequestration offsets project; and (e) if the application relates to a project that is a 100‑year permanence period project—that the proposed variation would not result in the project area for the project being moved to a 25‑year permanence project; and (f) if the applicable methodology determination for the project is the original methodology determination for the project because of section 125, 126 or 127 of the Act—that the proposed variation would not result in an area of land that is not part of the existing project area: (i) being included in the project area; or (ii) becoming a new project area for the project; and (g) if the applicable methodology determination for the project is a methodology determination that was revoked by section 5 of the Carbon Credits (Carbon Farming Initiative—Superseded Methodology Determinations—Revocation and Transitional Provisions) Instrument 2015 and that continues to apply to the project because of section 6 of that instrument—that the proposed variation would not result in an area of land that is not part of the existing project area: (i) being included in the project area; or (ii) becoming a new project area for the project; (h) if the applicable methodology determination for the project is a methodology determination for which the Regulator must not consider applications under section 22 of the Act because of an order under subsection 27A(1) of the Act—that the proposed variation would not result in an area of land that is not part of the existing project area: (i) being included in the project area; or (ii) becoming a new project area for the project. (2) A consent mentioned in paragraph (1)(c) and (1)(ca): (a) may be set out in a registered indigenous land use agreement (if applicable); or (b) if the consent is not set out in a registered indigenous land use agreement—must be in the approved form. Application to vary declaration (3) The application must be made by the project proponent for the project and must be in the approved form and be accompanied by the following information or documents: (a) the name and contact details of the applicant, and whether the applicant is: (i) the project proponent; or (ii) the nominee of multiple project proponents; (b) the unique project identifier for the project; (c) for each project area of the project being varied: (i) a description of its geographical location; and (ii) its street address; and (iii) its lot numbers and land title details; and (iv) its local government area; (d) the name and date of any natural resource management plan covering the proposed varied project area and details about whether the project is consistent with the plan despite the proposed variation to the project area; (e) information that shows that the applicant has the legal right to carry out the project in the proposed varied project area; (f) details of how the project, if conducted on the proposed varied project area, meets the requirements of the methodology determination that the project is covered by; (g) details of how the project meets the additionality requirements set out in subsection 27(4A) of the Act in relation to the part of the proposed varied project area mentioned in paragraph (1)(b); (h) a statement that all requirements mentioned in subsections 27(4) to (11) of the Act that are relevant to the project and the proposed varied project area have been met; (i) if one or more regulatory approvals are required for the project—for each approval: (i) a description of the approval, including the name of the regulatory authority responsible for issuing the approval; and (ii) whether or not the approval has been issued; and (iii) the applicant’s authorisation that the Regulator may contact the regulatory authority to discuss whether the approval has been issued; and (iv) if approval has not been issued, details of what actions the applicant has taken, or is taking, to obtain the approval; and (v) if the approval has been issued, any reference number or other identifier for the approval; (j) a geospatial map of the amended project area in accordance with the CFI Mapping Guidelines; (k) if the consent of each person who holds an eligible interest in the varied project area is required to be obtained—a statement that the relevant consents have been obtained; (l) if, as a result of the variation, subsection 57(1) of the Act applies to the project—an estimate of how many Australian carbon credit units would have been issued under Part 2 of the Act in relation to any sequestration occurring on the relevant area between: (i) the end of the last reporting period for the project; and (ii) the time when the relevant area ceases to be part of the project area; (m) a signed declaration by the applicant that the information included in, and the information and any documents accompanying the application: (i) meets the requirements in this subsection; and (ii) is accurate; (n) if section 20B is relevant to the application—the ERF plantation expansion notification made in relation to the application and any information sent in connection with that application to the designated email account (within the meaning of that section); (o) if an area of land is to be added to the project area of a sequestration offsets project—an explanation of the steps intended to be undertaken to ensure carbon remains sequestered in the additional project area for the permanence obligation period for the project; (p) if an area of land is to be added to the project area of a savanna emissions avoidance project or a savanna sequestration project—an explanation of: (i) whether native title has been determined or claimed in relation to the additional project area for the project; and (ii) whether the project activities are, or are intended to be, covered by an indigenous land use agreement; and (iii) whether the applicant has informed the relevant State or Territory Government about inclusion of the additional project area in the project; and (iv) when permits may be required under the applicable bushfire legislation to carry out the project on the additional project area.