Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if the Regulator has not issued a biodiversity certificate in relation to a registered biodiversity project.
(2) The project proponent for the project must give the Regulator a written report (a category B biodiversity project report ) for each period that, under the rules, is a reporting period for the purposes of this section.
(3) A category B biodiversity project report about a project for a reporting period must:
(a) be given in the manner and form prescribed by the rules; and
(b) set out the information (if any) specified in the rules; and
(c) set out the information (if any) specified in the methodology determination that covers the project; and
(d) if, under the rules or the methodology determination that covers the project, the category B biodiversity project report is subject to audit under this Act--be accompanied by an audit report that is:
(i) prescribed by the rules or the methodology determination that covers the project (as the case requires); and
(ii) prepared by a registered greenhouse and energy auditor who has been appointed as an audit team leader for the purpose; and
(e) if, before the category B biodiversity project report was given to the Regulator, the Regulator gave the project proponent a written notice stating that the report would be subject to audit under this Act--be accompanied by an audit report that is:
(i) prescribed by the rules; and
(ii) prepared by a registered greenhouse and energy auditor who has been appointed as an audit team leader for the purpose; and
(f) be accompanied by such other documents (if any) as are specified in the rules; and
(g) be accompanied by such other documents (if any) as are specified in the methodology determination that covers the project; and
(h) be given to the Regulator within the period ascertained in accordance with the rules.
(4) Without limiting paragraph (3)(d), the rules or a methodology determination may provide that a Category B biodiversity project report is subject to audit under this Act if either or both of the following apply:
(a) the report is specified in the rules or determination (as the case may be);
(b) the report is for a reporting period specified in, or ascertained in accordance with, the rules or determination (as the case may be).
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003 .
(5) Paragraphs (3)(d) and (e) do not apply to a category B biodiversity project report about a registered biodiversity project for a reporting period if the Regulator and the project proponent for the project have entered into an alternative assurance agreement that applies to the project for the period.
(6) To avoid doubt, a category B biodiversity project report for a period may deal with matters that occur before the start of the period.
(7) Information specified in rules made for the purposes of paragraph (3)(b) or a provision of a methodology determination made for the purposes of paragraph (3)(c) may relate to a matter arising before, during or after the reporting period.
(8) A document specified in rules made for the purposes of paragraph (3)(f) or a provision of a methodology determination made for the purposes of paragraph (3)(g) may relate to a matter arising before, during or after the reporting period.
Civil penalty provision
(9) The project proponent for the project contravenes this subsection if:
(a) subsection (2) requires the project proponent to give a category B biodiversity project report for a reporting period; and
(b) the project proponent does not comply with the requirement before the end of the period ascertained in accordance with rules made for the purposes of paragraph (3)(h).
Civil penalty: 200 penalty units.
(10) The maximum civil penalty for each day that a contravention of subsection (9) continues is 5% of the maximum civil penalty that can be imposed in respect of that contravention.
Note: Subsection (9) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.