12Criteria for approval of registration—eligibility requirements

12  Criteria for approval of registration—eligibility requirements

 (1) For the purposes of paragraph 15(4)(n) of the Act, this section specifies eligibility requirements a biodiversity project must meet before an application made by an eligible person under subsection 11(1) of the Act for the approval of the registration of the project is approved.

 (2) The requirements are the following:

 (a) if the proposed project area (the project area) is or includes Crown land (whether or not that land is also Torrens system land)—the proposed project proponent has notified the Crown lands Minister in relation to the State or Territory in which the area is located of the intent to apply to the Regulator to approve the registration of the project;

 (b) if the project area is or includes Crown land that is not Torrens system land or an exclusive possession native title area:

 (i) the proposed project proponent, or one of the proposed project proponents, is the State or Territory, or an authority of the State or Territory, that owns the land on or in which the project area is located; or

 (ii) the State or Territory, or an authority of the State or Territory, that owns the land on or in which the project area is located has consented to the project being carried out on that land as a registered biodiversity project by the proposed project proponent or proponents; or

 (iii) the proposed project proponent, or one of the proposed project proponents, holds a lease of the Crown land on or in which the project area is located, and the terms of the lease are consistent with the project being carried out on that land as a registered biodiversity project by the proposed project proponent or proponents; or

 (iv) a person who holds a lease of the Crown land on or in which the project area is located has consented to, and the terms of the lease are consistent with, the project being carried out on that land as a registered biodiversity project by the proposed project proponent or proponents;

 (c) the project is not required to be carried out, either wholly or in part, as a remediation measure for the contravention of a Commonwealth, State or Territory law.