15Approval of registration of biodiversity project

15 Approval of registration of biodiversity project

Scope (1) This section applies if an application under section 11 has been made for the Regulator to approve the registration of a biodiversity project. Approval (2) After considering the application, the Regulator may decide to: (a) approve the registration of the biodiversity project, and register the project on the Register; or (b) refuse to approve the registration of the biodiversity project.

Note: For review of decisions, see Part 20.

(3) The Regulator must give written notice of a decision under subsection (2) to: (a) the applicant; and (b) if: (i) the decision is a decision to approve the registration of the biodiversity project; and (ii) there is a relevant land registration official in relation to the biodiversity project; the relevant land registration official. Criteria for approval (4) The Regulator must not approve the registration of the biodiversity project unless the Regulator is satisfied that: (a) the project is being, or is to be, carried on in Australia; and (b) the project is of a kind specified, for the purposes of paragraph 45(1)(a), in the methodology determination (the applicable methodology determination) that is specified in the application under paragraph 12(2)(c); and (c) the activity period (if any) for the project has been worked out in accordance with the applicable methodology determination; and (d) the permanence period for the project complies with section 34; and (e) the project meets any conditions set out in the applicable methodology determination under paragraph 45(1)(b); and (f) if the applicable methodology determination requires that there must be a project plan for the project: (i) there is a project plan for the project; and (ii) implementation of the project plan is likely to result in a biodiversity certificate being issued in respect of the project; and (g) if the applicable methodology determination does not require that there must be a project plan for the project—carrying out the project is likely to result in a biodiversity certificate being issued in respect of the project; and (h) the applicant is to be registered as the project proponent, or one of the project proponents, for the project; and (i) the proposed project proponent, or each of the proposed project proponents, is an eligible person; and (j) the proposed project proponent, or each of the proposed project proponents, is a fit and proper person; and (k) the project area meets the requirements set out in subsection (5); and (l) the project area does not consist of, or include, a biodiversity maintenance area or part of a biodiversity maintenance area; and (m) the requirements set out in subsection (6) have been met in relation to the project; and (n) the project meets the eligibility requirements (if any) specified in the rules; and (o) the project is not an excluded biodiversity project.