11 Application for registration—other information and documents
(1) For the purposes of paragraphs 12(2)(f) and (3)(e) of the Act, this section specifies information that must be included in, and documents that must accompany, an application made by an eligible person under subsection 11(1) of the Act for the approval of the registration of a biodiversity project.
Note: For other information that must be included in, and documents that must accompany, the application, see subsections 12(2), (3) and (6) of the Act.
Information and documents about the project proponent
(2) The following information and documents in relation to the proposed project proponent, or the proposed project proponents, are specified:
(a) a statement that the applicant is to be registered as the project proponent, or one of the project proponents, for the project;
(b) if there is more than one proposed project proponent—the eligible person who is proposed to be the nominee of the project proponents;
(c) for each eligible person who is proposed to be a project proponent:
(i) evidence that the person is an eligible person; and
(ii) evidence that verifies the identity of the person in accordance with the identification procedures in Division 1 of Part 21; and
(iii) if a matter specified in, or for the purposes of, section 97, 98, 99 or 99A of the Act (matters that the Regulator must or may have regard to in determining whether a person is a fit and proper person) is applicable, or otherwise relevant, to the person—information, and supporting evidence, about the matter;
(d) if the proposed project area is or includes Crown land (whether or not that land is also Torrens system land)—evidence of the notification required by paragraph 12(2)(a) to be given to the Crown lands Minister in relation to the State or Territory in which the area is located.
Note: For paragraph (b), if there are 2 or more eligible persons who are proposed to be project proponents, section 37 of the Act requires one of those persons to be nominated as the nominee in relation to the project. See also section 36 of the Act, which makes provision for references to project proponents if there are multiple project proponents.
(3) In addition, the form approved in writing by the Regulator for the purposes of paragraph 12(1)(b) of the Act may require the information mentioned in subsection 90(3) to be provided in respect of:
(a) an eligible person who is proposed to be a project proponent for the project; or
(b) an authorised representative, officer, employee or trustee of the eligible person;
if the information is relevant to the person.
Section 11 - Nature Repair Rules 2024 - Application for registration—other information and documents | Zoe
Information and documents about the project
(4) The following information and documents in relation to the project are specified:
(a) the name or proposed name of the project;
(b) a description of the project;
(c) a statement that the project is being, or is to be, carried on in Australia;
(d) the biodiversity outcome for the project;
(e) a statement that the project is of a kind specified, for the purposes of paragraph 45(1)(a) of the Act, in the methodology determination (the applicable methodology determination) that is proposed to cover the project;
(f) details of how the project meets the conditions set out, for the purposes of paragraph 45(1)(b) of the Act, in the applicable methodology determination;
(g) if the applicable methodology determination requires that there must be a project plan for the project—details of how the implementation of the project plan is likely to result in a biodiversity certificate being issued in respect of the project;
(h) if the applicable methodology determination does not require that there must be a project plan for the project—details of how the carrying out of the project is likely to result in a biodiversity certificate being issued in respect of the project;
(i) if the applicable methodology determination requires an activity period for the project—a statement that the proposed activity period has been worked out in accordance with the determination and evidence supporting the statement;
(j) a statement that the proposed permanence period for the project complies with section 34 of the Act;
(k) the likely skills and expertise that will be required to carry out the project in accordance with the applicable methodology determination;
(l) if stakeholders have been consulted or engaged with in relation to the project:
(i) details of the consultation or engagement; and
(ii) details of any resulting advice obtained from those stakeholders and how that advice has been considered in the design of the project;
(m) if subsection 12(6) of the Act would apply but for subsection 12(7) of the Act—a copy of the declaration mentioned in subsection 12(7) of the Act;
(n) details of how the project meets the eligibility requirements specified in section 12;
(o) a statement that the project is not an excluded biodiversity project.
Information and documents about the project area for the project
(5) The following information and documents in relation to the project area of the project are specified:
(a) a description of the project area in accordance with the requirements set out in paragraphs 77(2)(a) to (c);
(b) a map of, and geospatial data for, the project area;
(c) for any part of the project area located on land—the size of that area, in hectares;
(d) for any part of the project area located in waters—the size of that area, in square metres or kilometres;
(e) if the project area (or part) is, or overlaps with, an area classified by the IBRA as a bioregion—the name of the bioregion;
(f) if the project area is or includes a native title area:
(i) a statement to that effect and evidence supporting that statement; and
(ii) evidence that identifies the part of the project area that is the native title area and whether the native title area is, or is not, an exclusive possession native title area;
(g) a statement that the project area meets the criteria for the approval of the registration of the project under paragraph 15(4)(k) of the Act, and evidence in support of the statement;
(h) a statement that the project area does not consist of, or include, a biodiversity maintenance area or part of a biodiversity maintenance area.
Information and documents about consents to the carrying out of the project
(6) The following information and documents in relation to consents to the carrying out of the project are specified:
(a) if paragraph 15(6)(a) of the Act applies:
(i) details of how the requirement in that paragraph has been met; and
(ii) if a consent mentioned in subparagraph 15(6)(a)(iv) or (v) of the Act to the carrying out of the project has been obtained—evidence of that consent;
(b) if paragraph 15(6)(b) of the Act applies:
(i) details of how the requirement in that paragraph has been met; and
(ii) if a consent mentioned in subparagraph 15(6)(b)(iv) of the Act to the carrying out of the project has been obtained—evidence of that consent; and
(iii) if a consent mentioned in subparagraph 15(6)(b)(v) of the Act to the registration of the project has been obtained—evidence of that consent and details of how the consent to the carrying out of the project is to be obtained before an application is made for a biodiversity certificate in respect of the project;
(c) if there are one or more persons (the relevant interest‑holders) who hold an eligible interest in the project area, or any part of the project area, for the project in respect of whom consents to the registration of the project need to be obtained before an application is made for a biodiversity certificate for the project—for each relevant interest‑holder:
(i) who the relevant interest‑holder is; and
(ii) if the consent has been obtained—evidence of the consent; and
(iii) if the consent has not been obtained—details of how the consent is to be obtained before the application is made.
Information and documents about regulatory approvals
(7) The following information and documents in relation to each regulatory approval (if any) required in relation to the project is specified:
(a) information about the approval, including the regulatory authority responsible for issuing the approval;
(b) if the approval has been issued—a copy of the approval, and the reference number (however described) for the approval;
(c) if the approval has not been issued—the steps taken, or proposed to be taken, to obtain the approval;
(d) an authorisation from the applicant to the Regulator to enable the Regulator to contact and obtain information from the authority in relation to the approval.