12Form of application

12 Form of application

(1) An application must: (a) be in writing; and (b) be in a form approved, in writing, by the Regulator. (2) An application must: (a) specify the proposed project area; and (b) if the project is to have more than one project proponent—specify the eligible persons who are proposed to be the project proponents along with the applicant; and (c) specify the methodology determination (the applicable methodology determination) that is proposed to cover the project; and (d) specify the proposed activity period (if any), which must be worked out in accordance with the applicable methodology determination; and (e) specify the proposed permanence period, which, subject to subsection 34(2), must be: (i) a type A permanence period; or (ii) a type B permanence period; or (iii) a type C permanence period; and (f) include such other information as is specified in the rules; and (g) include such other information as is specified in the applicable methodology determination. (3) An application must be accompanied by: (a) if the rules or the applicable methodology determination provides that this paragraph applies to the proposed project—an audit report that is: (i) prescribed by the rules or the applicable methodology determination (as the case requires); and (ii) prepared by a registered greenhouse and energy auditor who has been appointed as an audit team leader for the purpose; and (b) if there are to be project proponents other than the applicant—evidence that each other project proponent consents to being a project proponent for the project; and (c) if a registered indigenous land use agreement is relevant to the Regulator’s decision on the application—a copy of relevant parts of the agreement; and (d) if the applicable methodology determination provides that there must be a project plan for a project covered by the methodology determination—a project plan for the project; and (e) such other documents (if any) as are specified in the rules; and (f) such other documents (if any) as are specified in the applicable methodology determination; and (g) the fee (if any) specified in the rules. (4) The approved form of application may provide for verification by statutory declaration of statements in applications. (5) A fee specified under paragraph (3)(g) must not be such as to amount to taxation. Registered native title body corporate (6) If: (a) the applicant is a native title holder for an exclusive possession native title area; and (b) the proposed project area consists of, or includes, the exclusive possession native title area; and (c) there is a registered native title body corporate for the exclusive possession native title area; and (d) the applicant is not the registered native title body corporate; the application must specify the registered native title body corporate as an eligible person who is proposed to be a project proponent along with the applicant. (7) However, subsection (6) does not apply if the registered native title body corporate declares, by written notice given to the applicant, that the registered native title body corporate does not consent to being specified as a project proponent along with the applicant. (8) Subsection (6) does not prevent a person (other than the registered native title body corporate) from being specified as an eligible person who is proposed to be a project proponent along with the applicant.