102Category A biodiversity project reports—subsequent reports

102 Category A biodiversity project reports—subsequent reports

(1) This section applies to a registered biodiversity project if the Regulator has issued a biodiversity certificate in relation to the project (whether or not the certificate is in effect). (2) The project proponent for the project must give the Regulator a written report (a category A biodiversity project report) in accordance with section 103 about the project for a period that: (a) is expressed to be the reporting period for the report; and (b) begins immediately after the end of the previous reporting period for a report under this section, or section 101, in relation to the project; and (c) subject to paragraph (e), is not shorter than: (i) 6 months; or (ii) if, under the rules, a specified lesser number of months is the minimum number of months applicable to the report—that specified lesser number of months; and (d) subject to paragraph (e), is not longer than 5 years; and (e) does not end after the end of the permanence period for the project. (3) The Regulator may, by written notice given to the project proponent for the project, exempt the project from subsection (2) if: (a) the project proponent requests the exemption; and (b) the Regulator is satisfied that it is appropriate to exempt the project, having regard to: (i) the stage of the project; and (ii) such other matters (if any) as the Regulator considers relevant.

Note: For review of decisions, see Part 20.

(4) The project proponent for the project contravenes this subsection if: (a) subsection (2) requires the project proponent to give a category A biodiversity project report for a reporting period; and (b) the project proponent does not comply with the requirement before the end of the period mentioned in paragraph 103(1)(h).

Civil penalty: 200 penalty units.

(5) The maximum civil penalty for each day that a contravention of subsection (4) continues is 5% of the maximum civil penalty that can be imposed in respect of that contravention.

Note: Subsection (4) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.