46Civil penalties—requirements in methodology determination

46 Civil penalties—requirements in methodology determination

(1) An eligible person is liable to a civil penalty if: (a) the eligible person is a project proponent of a registered biodiversity project; and (b) a biodiversity certificate has been issued in respect of the project (whether or not the certificate remains in force); and (c) the methodology determination that covers the project imposes a requirement on the project proponent of the project for the purposes of paragraphs 45(3)(a) and (b); and (d) the eligible person, or any other project proponent for the project, fails to comply with the requirement.

Civil penalty: 2,000 penalty units.

(2) An eligible person is liable to a civil penalty if: (a) the eligible person is a project proponent of a registered biodiversity project; and (b) a biodiversity certificate has been issued in respect of the project (whether or not the certificate remains in force); and (c) the methodology determination that covers the project requires, for the purposes of paragraph 45(3)(b), the project proponent for the project to ensure that an activity is not carried out in the project area; and (d) the activity is carried out in the project area (by the project proponent or any other person).

Civil penalty: 2,000 penalty units.

(3) Subsection (2) does not apply if the eligible person takes all reasonable steps to ensure that the activity is not carried out in the project area.

Note: A person who wishes to rely on subsection (3) in proceedings for a civil penalty order bears an evidential burden in relation to the matter in that subsection: see section 96 of the Regulatory Powers Act.