59Issue of biodiversity certificate—eligibility requirements

59  Issue of biodiversity certificate—eligibility requirements

 (1) For the purposes of paragraph 70(2)(g) of the Act, this section specifies eligibility requirements that must be met for the issue of a biodiversity certificate in respect of a registered biodiversity project.

 (2) The eligibility requirements are the following:

 (a) the audit report accompanying the application must set out, for each of the matters audited, either:

 (i) a reasonable assurance conclusion (within the meaning of the National Greenhouse and Energy Reporting (Audit) Determination 2009); or

 (ii) a qualified reasonable assurance conclusion (within the meaning of that instrument);

 (b) if, as a result of a variation of the registration of the project under Subdivision A or B of Division 2 of Part 2, a regulatory approval is required for the carrying out of the project—the approval must have been obtained;

 (c) if, as a result of a variation of the registration of the project under Subdivision B of Division 2 of Part 2, there is a person who holds an eligible interest in the project area, or any part of the part of the project area—the written consent of the person to the registration of the project must have been obtained;

 (d) if, as a result of a variation of the registration of the project under Subdivision B of Division 2 of Part 2:

 (i) the project area for the project is or includes a native title area; and

 (ii) there is a registered native title body corporate for the native title area;

  the written consent of the registered native title body corporate must have been obtained to the carrying out of the project on or in the native title area as a registered biodiversity project by the project proponent;

 (e) each category B biodiversity project report required to be given to the Regulator about the project must have been given to the Regulator;

 (f) for each category B biodiversity project report given to the Regulator about the project, the Regulator is satisfied that the project proponent has complied with the requirements in the Act, this instrument and the methodology determination that covers the project that relate to the report.