49When variation takes effect

49 When variation takes effect

(1) A variation of a methodology determination takes effect: (a) on the day after the instrument varying the methodology determination is registered on the Federal Register of Legislation; or (b) if a later day is specified in the instrument—on that later day. Consequences of variation on existing registered biodiversity projects (2) The rules may provide that if: (a) a methodology determination covers a registered biodiversity project; and (b) the methodology determination is varied; and (c) the project’s registration is in effect at the time the variation takes effect; and (d) the conditions specified in the rules are satisfied; the variation of the methodology determination applies to the registered biodiversity project. (3) The rules may provide that if: (a) a methodology determination covers a registered biodiversity project; and (b) the methodology determination is varied; and (c) the project’s registration is in effect at the time the variation takes effect; and (d) the conditions specified in the rules are satisfied; the variation of the methodology determination does not apply to the registered biodiversity project.

Note: However, a variation of a methodology determination will apply to an existing registered biodiversity project if the project’s registration is varied under rules made for the purposes of section 20 to change the methodology determination that covers the project.

(4) The rules may empower the Regulator to determine, on application by the project proponent for a registered biodiversity project, that if: (a) a methodology determination covers the registered biodiversity project; and (b) the methodology determination is varied; and (c) the project’s registration is in effect at the time the variation takes effect; and (d) the conditions specified in the rules are satisfied; the variation of the methodology determination does not apply to the registered biodiversity project.

Note: However, a variation of a methodology determination will apply to an existing registered biodiversity project if the project’s registration is varied under rules made for the purposes of section 20 to change the methodology determination that covers the project.

(5) The rules may make provision for and in relation to any of the following matters in relation to an application under rules made for the purposes of subsection (4): (a) the approval by the Regulator of a form for such an application; (b) information that must accompany such an application; (c) documents that must accompany such an application; (d) verification by statutory declaration of statements in such an application; (e) the fee (if any) that must accompany such an application; (f) the withdrawal of such an application; (g) empowering the Regulator: (i) to require an applicant to give the Regulator further information in connection with such an application; and (ii) if the applicant breaches the requirements—to refuse to consider the application, or to refuse to take any action, or any further action, in relation to the application. (6) A fee mentioned in paragraph (5)(e) must not be such as to amount to taxation. Effect of variation on application for approval of registration (7) If: (a) a variation of a methodology determination takes effect; and (b) at the time the variation takes effect, an application under section 11 for the Regulator to approve the registration of a biodiversity project has been made, and the Regulator has not decided to: (i) approve the registration; or (ii) refuse to approve the registration; and (c) the application proposes that the project is to be covered by the methodology determination; then: (d) the methodology determination as varied applies to the application; and (e) if the biodiversity project is registered, the project is covered by the methodology determination as varied. (8) The rules may provide for any of the following: (a) the Regulator to notify an eligible person that an application made by the eligible person under this Act is affected by a variation of a methodology determination, as mentioned in subsection (7); (b) the Regulator to give the eligible person an opportunity to withdraw or vary the application before the Regulator considers the application. Refund of fee (9) If: (a) an application is withdrawn under rules made for the purposes of subsection (5) or (8); and (b) the applicant has paid a fee in relation to the application; the Regulator must, on behalf of the Commonwealth, refund the application fee.