45Methodology determinations

45 Methodology determinations

(1) The Minister may, by legislative instrument, make a determination that: (a) is expressed to cover a specified kind of biodiversity project; and (b) sets out conditions that must be met for such a project to be registered as a registered biodiversity project; and (c) provides, for the purposes of paragraph 162(1)(k), for information that is to be included in the entry in the Register for such a project; and (d) sets out: (i) for the purposes of paragraph 67(2)(b), conditions that must be met for an application to be made for a biodiversity certificate to be issued in respect of such a project; and (ii) for the purposes of paragraph 67(2)(c), a method of working out the time after which such applications may be made; and (e) sets out, for the purposes of paragraph 70(2)(h), conditions that must be met for a biodiversity certificate to be issued in respect of such a project; and (f) requires, for the purposes of paragraph 108(1)(b), the project proponent for such a project to notify the Regulator of specified matters relating to the project; and (g) provides, for the purposes of paragraphs 164(1)(d) and (2)(d), for information that is to be included in the entry in the Register for a biodiversity certificate issued in relation to such a project; and (h) sets out the activities that are to be carried out for the purposes of such a project; and (i) provides for the activity period (if any) of such a project to be worked out. (2) A determination made under subsection (1) is a methodology determination.

Note: For the duration of a methodology determination, see section 50.

(3) A methodology determination may impose any of the following on the project proponent of a registered biodiversity project that is covered by the methodology determination: (a) specified requirements to carry out activities in the project area for the purposes of the project; (b) specified requirements to ensure that specified activities are not carried out, by the project proponent or any other person, in the project area; (c) specified requirements to include information relating to the project in each biodiversity project report about the project; (d) specified requirements to notify one or more matters relating to the project to the Regulator; (e) specified record‑keeping requirements relating to the project; (f) specified requirements to monitor the project.

Note: See section 46 (civil penalties—requirements in methodology determination).

(4) A methodology determination may exempt traditional Indigenous activities from a requirement imposed under paragraph (3)(b). (5) Conditions set out under paragraph (1)(b), (d) or (e) must include: (a) in a case where the methodology determination covers a kind of biodiversity project that involves enhancement of biodiversity—conditions relating to the measurement or assessment of the enhancement of biodiversity; and (b) in a case where the methodology determination covers a kind of biodiversity project that involves protection of biodiversity—conditions relating to the measurement or assessment of the protection of biodiversity. (6) Requirements imposed under paragraph (1)(f) or (3)(c), (d) or (f) must include: (a) in a case where the methodology determination covers a kind of biodiversity project that involves enhancement of biodiversity—requirements relating to the measurement or assessment of the enhancement of biodiversity; and (b) in a case where the methodology determination covers a kind of biodiversity project that involves protection of biodiversity—requirements relating to the measurement or assessment of the protection of biodiversity. (7) A methodology determination may require that: (a) there must be a project plan for a registered biodiversity project that is covered by the methodology determination; and (b) the project plan must remain in force until the time ascertained in accordance with the methodology determination. (8) A methodology determination may prescribe matters required or permitted by this Act to be prescribed by a methodology determination. (9) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901, a methodology determination may make different provision in relation to different kinds of biodiversity projects covered by the determination.