147Relinquishment notice—reversal of biodiversity outcome due to natural disturbance or conduct and no mitigation happens

147 Relinquishment notice—reversal of biodiversity outcome due to natural disturbance or conduct and no mitigation happens

Scope (1) This section applies if: (a) a biodiversity certificate (the original biodiversity certificate) has been issued in relation to a biodiversity project (whether or not the certificate remains in effect); and (b) subject to rules made for the purposes of section 148, there has been a significant reversal of the biodiversity outcome to which the project relates; and (c) the reversal is attributable to: (i) natural disturbance; or (ii) conduct engaged in by a person (other than the project proponent for the project), where the conduct is not within the reasonable control of the project proponent; and (d) the Regulator is not satisfied that the project proponent has, within a reasonable period, taken reasonable steps to mitigate the effect of the natural disturbance or conduct, as the case may be, on the project; and (e) the permanence period of the project has not ended. Relinquishment notice (2) The Regulator may give a relinquishment notice, in relation to the original biodiversity certificate, to the project proponent.

Note 1: For projects with multiple project proponents, see Part 3 (and in particular sections 40 and 43).

Note 2: For review of decisions, see Part 20.