163ARequests for information about a project not to be set out in the Register

163A Requests for information about a project not to be set out in the Register

(1) The Register must not set out information about a registered biodiversity project if: (a) either: (i) the project proponent for the project; or (ii) another person; has requested the Regulator not to set out the information in the Register; and (b) the Regulator is satisfied that: (i) setting out the information could reasonably be expected to substantially prejudice a matter referred to in subsection (2); and (ii) the prejudice outweighs the public interest in the setting out of the information; and (c) the information: (i) is not a description of the project area, or a part of the project area, for the project; and (ii) is of a kind specified in the rules.

Note: For review of decisions, see Part 20.

(2) For the purposes of subparagraph (1)(b)(i), the matters are the following: (a) the biodiversity of the project area, or a part of the project area, for the project; (b) the safety of any person. (3) The Register must not set out information about a registered biodiversity project if: (a) either: (i) the project proponent for the project; or (ii) another person; has requested the Regulator not to set out the information in the Register; and (b) the Regulator is satisfied that: (i) there is a local community of Aboriginal persons, or Torres Strait Islanders, who have a connection to the project area, or the part of the project area, as the case may be; and (ii) setting out the information could reasonably be expected to have a material adverse impact on that community; and (iii) the adverse impact outweighs the public interest in the setting out of the information; and (c) the information does not consist of a description of the project area, or a part of the project area, for the project.

Note: For review of decisions, see Part 20.

(4) A request under subsection (1) or (3) must: (a) be in writing; and (b) be in a form approved, in writing, by the Regulator. (5) In considering whether to comply with a request under subsection (1) or (3), the Regulator may consult such persons, bodies and communities as the Regulator considers appropriate. (6) The Regulator must take all reasonable steps to ensure that a decision is made on the request within 30 days after the request was made. (7) If: (a) the Regulator decides to comply with the request; and (b) the person who made the request is a person other than the project proponent; the Regulator must give written notice of the decision to the project proponent. (8) If the Regulator decides to refuse the request, the Regulator must give written notice of the decision to: (a) the project proponent; and (b) if the person who made the request is a person other than the project proponent—the person who made the request.