Commonwealth Consolidated Acts

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NATURE REPAIR ACT 2023 - SECT 110

Notification requirement--event or conduct that causes, or is likely to cause, reversal of biodiversity outcome

Scope

  (1)   This section applies if:

  (a)   there is a registered biodiversity project; and

  (b)   the project proponent for the project becomes aware of any of the following:

  (i)   a natural disturbance that causes a significant reversal of the biodiversity outcome to which the project relates;

  (ii)   a natural disturbance that is likely to cause a significant reversal of the biodiversity outcome to which the project relates;

  (iii)   conduct engaged in by the project proponent for the project, or any other person, that causes a significant reversal of the biodiversity outcome to which the project relates;

  (iv)   conduct engaged in by the project proponent for the project, or any other person, that is likely to cause a significant reversal of the biodiversity outcome to which the project relates.

Note:   See section   111.

Notification

  (2)   The project proponent must notify the Regulator, in writing, of the matter mentioned in paragraph   (1)(b) within 60 days after the project proponent becomes aware of the matter.

Civil penalty:   200 penalty units.

  (3)   The maximum civil penalty for each day that a contravention of subsection   (2) continues is 5% of the maximum civil penalty that can be imposed in respect of that contravention.

Note:   Subsection   (2) is a continuing civil penalty provision under section   93 of the Regulatory Powers Act.



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