Commonwealth Consolidated Acts

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CARBON CREDITS (CARBON FARMING INITIATIVE) ACT 2011 - SECT 82

Notification requirement--reversal of sequestration due to conduct of another person

Scope

  (1)   This section applies to an eligible offsets project if the project is:

  (a)   a sequestration offsets project to remove carbon dioxide from the atmosphere; or

  (b)   a sequestration offsets project to remove carbon dioxide from the atmosphere and to avoid emissions of greenhouse gases.

Notification

  (2)   The project proponent for the project must:

  (a)   notify the Regulator, in writing, of conduct engaged in by a person (other than the project proponent), where the conduct:

  (i)   is not within the reasonable control of the project proponent; and

  (ii)   causes a reversal of the removal; and

  (b)   do so within 60 days after the project proponent becomes aware that the conduct has been engaged in.

  (3)   The project proponent for the project must:

  (a)   notify the Regulator, in writing, of conduct engaged in by a person (other than the project proponent), where the conduct:

  (i)   is not within the reasonable control of the project proponent; and

  (ii)   is likely to cause a reversal of the removal; and

  (b)   do so within 60 days after the project proponent becomes aware that the conduct has been engaged in.

  (4)   Subsections   (2) and (3) do not apply to a reversal unless the reversal is, under the regulations or the legislative rules, taken to be a significant reversal.

Ancillary contraventions

  (5)   A person must not:

  (a)   aid, abet, counsel or procure a contravention of subsection   (2) or (3); or

  (b)   induce, whether by threats or promises or otherwise, a contravention of subsection   (2) or (3); or

  (c)   be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection   (2) or (3); or

  (d)   conspire with others to effect a contravention of subsection   (2) or (3).

Civil penalty provisions

  (6)   Subsections   (2), (3) and (5) are civil penalty provisions .

Note:   Part   21 provides for pecuniary penalties for breaches of civil penalty provisions.



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