47Unilateral cancellation—failure of multiple project proponents to nominate a nominee

47  Unilateral cancellation—failure of multiple project proponents to nominate a nominee

Cancellation of registration of registered biodiversity project

 (1) The Regulator may cancel the registration of a registered biodiversity project if:

 (a) there are 2 or more project proponents (the multiple project proponents) for the registered biodiversity project; and

 (b) the multiple project proponents have nominated an eligible person under subsection 37(2) or 38(2) of the Act; and

 (c) the nomination ceases to be in force; and

 (d) 90 days pass, and no new nomination under subsection 37(2) or 38(2) of the Act is made by the multiple project proponents; and

 (e) the Regulator has considered any relevant submissions received in response to notices given by the Regulator under subsection (2) of this section.

Consultation

 (2) Before deciding to cancel the registration, the Regulator:

 (a) must give notice, in writing, of the proposed cancellation to each multiple project proponent; and

 (b) may give notice, in writing, of the proposed cancellation to any eligible person the Regulator considers may be interested in being added as a project proponent of the project.

 (3) A notice under subsection (2) must include an invitation for submissions to be made, within 28 days after the date of the notice, to the Regulator about the proposed cancellation.

Notice of cancellation

 (4) If the registration of a registered biodiversity project is cancelled in accordance with this section, the Regulator must give notice of the cancellation to:

 (a) each multiple project proponent; and

 (b) if there is a relevant land registration official in relation to the project—the relevant land registration official; and

 (c) if a biodiversity certificate is in effect in relation to the project, and is held by a person other than the project proponent—the holder of the certificate; and

 (d) if the project area for the project is or includes a native title area and there is a registered native title body corporate for the native title area that is not a project proponent for the project—the registered native title body corporate.

Part 4—Methodology determinations

Division 1—Variation of methodology determinations

48  Operation of this Division

  For the purposes of Subdivision B of Division 2 of Part 4 of the Act, this Division makes provision for or in relation to the variation of methodology determinations.