72Notification requirements—significant reversal in biodiversity outcome

72  Notification requirements—significant reversal in biodiversity outcome

 (1) For the purposes of subsection 111(1) of the Act, this section prescribes circumstances in which, for the purposes of paragraphs 109(1)(b) and 110(1)(b) of the Act:

 (a) there is taken to have been a reversal of a biodiversity outcome to which a registered biodiversity project relates; and

 (b) the reversal is taken to be significant, or not taken to be significant.

Note: The project proponent for the project may contravene a civil penalty provision at subsection 109(2) or 110(2) of the Act if the proponent fails to notify the Regulator of a significant reversal of the biodiversity outcome to which the project relates.

Circumstance—reversal affects a particular part of the project area

 (2) A circumstance is that:

 (a) a reversal of a biodiversity outcome to which a registered biodiversity project relates has occurred on or in a particular part (the affected part) of the project area for the project; and

 (b) if the affected part is at least 10% of the project area for the project—the reversal is taken to be significant; and

 (c) if the affected part is less than 10% of the project area for the project—the reversal is not taken to be significant.

Circumstance—reversal caused by an event or conduct

 (3) A circumstance is that:

 (a) a reversal of a biodiversity outcome to which a registered biodiversity project relates has been caused by an event or conduct; and

 (b) if the effect of the reversal on the project area for the project caused by the event or conduct is or is likely to be of material consequence to the biodiversity outcome—the reversal is taken to be significant; and

 (c) if the effect of the reversal on the project area for the project caused by the event or conduct is minor, and is likely to be resolved within a short period of time without the need for any actions or intervention by the project proponent—the reversal is not taken to be significant.

 (4) For paragraphs (3)(b) and (c), in considering the effect of the reversal on the project area for the project caused by the event or conduct, take into account the intensity, duration, magnitude and geographic extent of the event or conduct.