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CARBON CREDITS (CARBON FARMING INITIATIVE) ACT 2011 - SECT 38

Unilateral revocation of declaration of eligible offsets project--false or misleading information

  (1)   The regulations or the legislative rules may make provision for and in relation to empowering the Regulator to revoke a declaration under section   27 in relation to an offsets project.

  (2)   Regulations or legislative rules made for the purposes of subsection   (1) must not empower the Regulator to revoke a declaration unless:

  (a)   information was given by a person to the Regulator in connection with the project; and

  (b)   the information was:

  (i)   contained in an application under this Act, the regulations or the legislative rules; or

  (ii)   given in connection with an application under this Act, the regulations or the legislative rules; or

  (iii)   contained in an offsets report; or

  (iv)   contained in a notification under Part   6; and

  (c)   the information was false or misleading in a material particular.

  (3)   Regulations or legislative rules made for the purposes of subsection   (1) must require the Regulator to consult the project proponent for the project before deciding to revoke a declaration.

  (4)   Regulations or legislative rules made for the purposes of subsection   (1) must provide that, if a declaration of an eligible offsets project is revoked in accordance with those regulations or legislative rules, as the case may be, the Regulator must give a copy of the revocation to:

  (a)   the project proponent; and

  (b)   if the declaration relates to a sequestration offsets project--the relevant land registration official.



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