57Biodiversity integrity standards

57 Biodiversity integrity standards

(1) For the purposes of this Act, a methodology determination complies with the biodiversity integrity standards if: (a) a biodiversity project carried out in accordance with the methodology determination must be designed to result in enhancement or protection of biodiversity in native species (whether the effect on biodiversity occurs within or outside the project area) that would be unlikely to occur if the project was not carried out; and (b) a biodiversity project carried out in accordance with the methodology determination must be designed to prevent the project from having a significant adverse impact on biodiversity in a native species that is protected under: (i) a law of the Commonwealth; or (ii) a law of a State or a Territory in which the project area is wholly or partly situated; and (c) a biodiversity project carried out in accordance with the methodology determination must be designed to achieve enhancement or protection of biodiversity in native species that is appropriate to the project area; and (d) a biodiversity project carried out in accordance with the methodology determination must be designed to achieve enhancement or protection: (i) that is of biodiversity in native species; and (ii) that can be measured, assessed and verified; and (e) any condition set out in, or requirement imposed by, the methodology determination in accordance with subsection 45(5) or (6): (i) is supported by clear and convincing evidence; and (ii) is, so far as is reasonably practicable, consistent with relevant Indigenous knowledge and values relating to biodiversity and cultural heritage; and (iii) is consistent with enhancement or protection of biodiversity in native species that is appropriate to the project area; and (iv) enables, where appropriate, adaptive management to achieve the enhancement or protection of biodiversity in native species; and (v) in the case of a condition or requirement that relates to the measurement or assessment of the enhancement of biodiversity of native species—requires a clear indication of the level of certainty and confidence of achievement of the enhancement; and (vi) in the case of a condition or requirement that relates to the measurement of the protection of biodiversity of native species—requires a clear indication of the level of certainty and confidence of achievement of the protection; and (f) if any condition set out in, or requirement imposed by, the methodology determination in accordance with subsection 45(5) or (6) involves an estimate or projection—the condition or requirement must require disclosure of: (i) the assumptions and methods used to make the estimate or projection; and (ii) the level of certainty of the estimate or projection; and (g) if any condition set out in, or requirement imposed by, the methodology determination in accordance with subsection 45(5) or (6) involves an estimate or projection—the condition or requirement must require that the estimate or projection must be conservative; and (h) any statements or information that could be included in: (i) an entry in the Register for a biodiversity project covered by the methodology determination; or (ii) a biodiversity certificate issued in relation to a biodiversity project covered by the methodology determination; would be supported by clear and convincing evidence; and (i) to the extent to which any statements or information referred to in paragraph (h) would involve an estimate, projection or assumption—the estimate, projection or assumption would be reasonably certain; and (j) the methodology determination meets such other standards (if any) as are prescribed by the rules. (2) Paragraph (1)(j) is not limited by the other paragraphs in subsection (1).