41Eligible voluntary action taken by nominee

41 Eligible voluntary action taken by nominee

Scope (1) This section applies if there are 2 or more project proponents (the multiple project proponents) for a registered biodiversity project. Eligible voluntary action to be taken by nominee (2) If: (a) the multiple project proponents have nominated a nominee under subsection 37(2) or 38(2) in relation to the project; and (b) the nomination is in force; and (c) the nominee takes an eligible voluntary action; and (d) the application, nomination, request or notice to which the eligible voluntary action relates is expressed to be made, withdrawn or given, as the case may be, on behalf of the multiple project proponents; this Act has effect as if: (e) the application, nomination, request or notice to which the eligible voluntary action relates were made, withdrawn or given, as the case may be, by the multiple project proponents jointly; and (f) if the eligible voluntary action is the making of an application—a reference in this Act to the applicant were a reference to each of the multiple project proponents. (3) The multiple project proponents are not entitled to take an eligible voluntary action except in accordance with subsection (2).