37Nomination of nominee by multiple project proponents—nomination accompanying application

37 Nomination of nominee by multiple project proponents—nomination accompanying application

Scope (1) This section applies to: (a) an application under section 11 for the Regulator to approve the registration of a biodiversity project if the application specifies 2 or more eligible persons who are to be project proponents for the biodiversity project; or (b) an application under rules made for the purposes of section 19 (change in identity of project proponent) that would, if granted, result in there being multiple project proponents for a registered biodiversity project (whether or not there would otherwise be multiple project proponents). Nomination (2) The application must be accompanied by a notice, made jointly in writing by all of the eligible persons who would, if the application were granted, be project proponents for the biodiversity project, nominating one of those eligible persons as the nominee in relation to the biodiversity project. (3) The joint written notice must be in a form approved, in writing, by the Regulator. (4) If the Regulator grants the application, the nomination takes effect: (a) if paragraph (1)(a) applies—at the time the biodiversity project is registered as a registered biodiversity project; or (b) if paragraph (1)(b) applies—at the time the variation under rules made for the purposes of section 19 takes effect. (5) If the application is not granted, the nomination does not take effect.