152How biodiversity certificates are relinquished

152 How biodiversity certificates are relinquished

(1) If a person is the holder of a biodiversity certificate, the person may, by electronic notice transmitted to the Regulator, relinquish the certificate. (2) A notice under subsection (1) must: (a) specify the biodiversity certificate that is being relinquished; and (b) if the certificate is being relinquished in order to comply with a relinquishment notice given under section 144, 146, 147 or 147A—identify the relinquishment notice in relation to which the certificate is being relinquished; and (c) if the certificate is being voluntarily relinquished in order to satisfy a condition for cancellation of the registration of a biodiversity project under section 23 (voluntary cancellation of registration where certificate is in effect)—identify the registered biodiversity project in relation to which the certificate is being relinquished; and (d) if the certificate is being voluntarily relinquished for the purposes of paragraph 158(1)(c) (revocation of a biodiversity maintenance declaration)—identify the biodiversity maintenance declaration in relation to which the certificate is being relinquished; and (e) if there is an entry for the certificate in the person’s Register account—specify the account number of that account; and (f) if the certificate is deposited with the Regulator—include a statement to the effect that the certificate is deposited with the Regulator; and (g) include any other information prescribed by the rules. (3) If a person relinquishes a biodiversity certificate under this section, then: (a) in a case where the biodiversity certificate is not deposited with the Regulator: (i) the biodiversity certificate is cancelled; and (ii) the Regulator must remove the entry for the certificate from the person’s Register account in which there is an entry for the certificate; or (b) in a case where the biodiversity certificate is deposited with the Regulator: (i) the biodiversity certificate is cancelled; and (ii) the Regulator must remove the entry for the certificate from the Commonwealth Register account in which there is an entry for the certificate.

Note: A biodiversity certificate that is cancelled under subsection (3) may have originally been issued for a biodiversity project that remains a registered biodiversity project (this may occur, for example, if the cancelled certificate was relinquished in accordance with paragraph 151(1)(b) to comply with a relinquishment notice issued for a different project).

Note: In such a case, the cancellation of the certificate does not affect the registration of the biodiversity project to which the certificate relates, and the obligations of the project proponent in relation to that project may continue to apply.

(4) To avoid doubt, the relinquishment of a particular biodiversity certificate is effective for only one purpose mentioned in paragraph (2)(b), (c) or (d). (5) The Register must set out a record of each notice under subsection (1).