158Revocation of biodiversity maintenance declaration—voluntary relinquishment of biodiversity certificate

158 Revocation of biodiversity maintenance declaration—voluntary relinquishment of biodiversity certificate

Scope (1) This section applies if: (a) a biodiversity maintenance declaration is in force; and (b) a person applies to the Regulator for the revocation of the biodiversity maintenance declaration; and (c) before the application was made, the applicant or another person voluntarily relinquished, in accordance with section 152 and in relation to the biodiversity maintenance declaration: (i) the biodiversity certificate for the maintained project; or (ii) one or more other biodiversity certificates that meet the relinquishment equivalence requirements in relation to the biodiversity certificate for the maintained project.

Note: For when one or more biodiversity certificates meet the relinquishment equivalence requirements in relation to another biodiversity certificate, see rules made for the purposes of subsection 151(2).

Revocation (2) The Regulator must, by writing, revoke the declaration.

Note: For review of decisions, see Part 20.

Application (3) An application under paragraph (1)(b) must: (a) be in writing; and (b) be in a form approved, in writing, by the Regulator. Notification of revocation (4) If the Regulator revokes the declaration, the Regulator must take all reasonable steps to ensure that notice of the 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. Revocation to be published (5) If the Regulator revokes the declaration, the Regulator must publish the instrument of revocation on the Regulator’s website as soon as practicable after the instrument is made. Refusal (6) If the Regulator decides to refuse to revoke the declaration, the Regulator must give written notice of the decision to the applicant. Revocation is not a legislative instrument (7) An instrument under subsection (2) is not a legislative instrument.