19Voluntary variation of registration of biodiversity project—change in identity of project proponent

19 Voluntary variation of registration of biodiversity project—change in identity of project proponent

(1) The rules may make provision for and in relation to empowering the Regulator to vary the registration of a registered biodiversity project to: (a) add an eligible person as a project proponent of the project; or (b) remove a project proponent from the project (so long as this would not result in there not being any project proponents for the project).

Note 1: See also section 22 (procedures for voluntary variation of registration of biodiversity project).

Note 2: For review of decisions, see Part 20.

(2) Rules made for the purposes of subsection (1) must not empower the Regulator to vary a registration unless: (a) the project proponent for the project applies to the Regulator for the variation; and (b) any eligible person that is to be added as a project proponent for the project consents, in writing, to the variation; and (c) the Regulator is satisfied that any eligible person that is to be added as a project proponent for the project is a fit and proper person; and (d) if a biodiversity certificate is in effect in relation to the project, and the project proponent for the project is not the holder of the certificate—the holder of the certificate has been notified of the proposed variation, and has been given the opportunity to make submissions in relation to the proposed variation.

Note: For fit and proper person, see sections 97, 98, 99 and 99A.

(3) Rules made for the purposes of subsection (1) may empower the Regulator to require the Commonwealth to be given security in relation to the fulfilment of any requirements to relinquish biodiversity certificates that may be imposed under Part 13 in relation to the project (whether or not the circumstances that may result in a relinquishment notice being given exist at the time the variation is made). (4) Rules made for the purposes of subsection (1) may empower the Regulator to refuse an application to remove a project proponent from a registered biodiversity project unless the Regulator is satisfied that the remaining project proponents would have the capability and resources to carry out the project.