157Variation or revocation of biodiversity maintenance declaration

157 Variation or revocation of biodiversity maintenance declaration

Scope (1) This section applies if a biodiversity maintenance declaration is in force in relation to an area or areas. Variation or revocation (2) The Regulator may, by writing, vary or revoke the declaration. (3) The Regulator may do so: (a) on the Regulator’s own initiative; or (b) on application made to the Regulator by a person.

Note: For review of decisions, see Part 20.

(4) The Regulator must not vary or revoke the declaration unless the Regulator is satisfied that it is appropriate to do so, having regard to: (a) the reasons for making the declaration; and (b) such other matters (if any) as the Regulator considers relevant. Application (5) An application under paragraph (3)(b) must: (a) be in writing; and (b) be in a form approved, in writing, by the Regulator; and (c) be accompanied by the fee (if any) specified in the rules. (6) A fee specified under paragraph (5)(c) must not be such as to amount to taxation. Notification of variation or revocation (7) If the Regulator varies or revokes the declaration, the Regulator must take all reasonable steps to ensure that notice of the variation or revocation is given to: (a) the project proponent for the maintained project; and (b) if a biodiversity certificate relating to the maintained project is held by a person other than the project proponent for the maintained project—the holder of the certificate; and (c) if there is a relevant land registration official in relation to the maintained project—the relevant land registration official; and (d) if: (i) the biodiversity maintenance area is or includes a native title area; and (ii) there is a registered native title body corporate for the native title area; and (iii) the registered native title body corporate is not the project proponent for the maintained project; the registered native title body corporate; and (e) any other person specified in the rules. Variation or revocation to be published (8) If the Regulator varies or revokes the declaration, the Regulator must publish the instrument of variation or revocation on the Regulator’s website as soon as practicable after the instrument is made. Refusal (9) If the Regulator decides to refuse to vary or revoke the declaration on an application under paragraph (3)(b), the Regulator must give written notice of the decision to the applicant. Variation or revocation is not a legislative instrument (10) An instrument under subsection (2) is not a legislative instrument.