20Voluntary variation of registration of biodiversity project—changes in project area etc.

20 Voluntary variation of registration of biodiversity project—changes in project area etc.

(1) The rules may make provision for and in relation to empowering the Regulator to vary the registration of a registered biodiversity project in respect of any of the following: (a) the project area; (b) the methodology determination that covers the project; (c) the project’s activity period (if any); (d) the project’s permanence period.

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

Note 2: See also section 34 (permanence period).

Note 3: For review of decisions, see Part 20.

(2) The methodology determination that is to cover a registered biodiversity project as a result of a variation under rules made for the purposes of paragraph (1)(b) of this section: (a) must be in force at the time the variation of the project’s registration takes effect; and (b) applies to the project subject to any variations under section 48 that take effect before the variation of the project’s registration takes effect. This subsection has effect despite rules made for the purposes of subsection 49(2), (3) or (4) (when variation of a methodology determination takes effect) and rules made for the purposes of section 52 (consequences of methodology determination ceasing to have effect). (3) 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) if a biodiversity certificate is in effect for the project, and the project proponent is not the holder of the certificate—either: (i) the holder of the certificate has consented, in writing, to the variation; or (ii) the Regulator is satisfied that the variation would not result in a material change to the certificate.