52Consequences of methodology determination ceasing to have effect

52 Consequences of methodology determination ceasing to have effect

Continued application of methodology determination (1) The rules may provide that if: (a) the methodology determination that covers a registered biodiversity project ceases to have effect (whether under this Subdivision or otherwise); and (b) the conditions specified in the rules are satisfied; that methodology determination continues to cover the project as if the methodology determination had not ceased. (2) The rules may empower the Regulator to determine, on application by the project proponent for a registered biodiversity project, that if: (a) the methodology determination that covers the project ceases to have effect (whether under this Subdivision or otherwise); and (b) the conditions specified in the rules are satisfied; then, despite the cessation, the methodology determination continues to cover the project as if the methodology determination had not ceased. (3) 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 (2): (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. (4) A fee mentioned in paragraph (3)(e) must not be such as to amount to taxation. (5) If: (a) an application is withdrawn under rules made for the purposes of subsection (3); and (b) the applicant has paid a fee in relation to the application; the Regulator must, on behalf of the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. Variation of registration of biodiversity project (6) The rules may make provision for and in relation to empowering the Regulator to vary the registration of a registered biodiversity project in respect of the methodology determination that covers the project if: (a) the methodology determination that covers the project ceases to have effect (whether under this Subdivision or otherwise); and (b) the conditions specified in the rules are satisfied.