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NATURE REPAIR ACT 2023 - SECT 104A

Alternative assurance agreements

  (1)   The Regulator and the project proponent for a registered biodiversity project may enter into a written agreement that:

  (a)   applies to a specified reporting period; and

  (b)   is for the purpose of providing assurance to the Regulator about the project proponent's compliance with this Act in relation to the project during the reporting period; and

  (c)   contains one or more assurance measures, where each measure is of a kind prescribed by the rules.

  (2)   An agreement under subsection   (1) is to be known as an alternative assurance agreement .

Civil penalty provision

  (3)   The project proponent for a registered biodiversity project contravenes this subsection if:

  (a)   the project proponent enters into an alternative assurance agreement with the Regulator; and

  (b)   the project proponent does not comply with the alternative assurance agreement.

Civil penalty:   200 penalty units.

  (4)   The maximum civil penalty for each day that a contravention of subsection   (3) continues is 5% of the maximum civil penalty that can be imposed in respect of that contravention.

Note:   Subsection   (3) is a continuing civil penalty provision under section   93 of the Regulatory Powers Act.



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