Commonwealth Consolidated Acts

NATURE REPAIR ACT 2023 - SECT 146

Scope

  (1)   This section applies if:

  (a)   a biodiversity certificate (the original biodiversity certificate ) has been issued in relation to a biodiversity project (whether or not the certificate remains in effect); and

  (b)   subject to rules made for the purposes of section   148, there has been a significant reversal of the biodiversity outcome to which the project relates; and

  (c)   the reversal is not attributable to:

  (i)   natural disturbance; or

  (ii)   reasonable actions taken to reduce the risk of bushfire; or

  (iii)   conduct engaged in by a person (other than the project proponent for the project), where the conduct is not within the reasonable control of the project proponent; and

  (d)   the permanence period of the project has not ended.

Relinquishment notice

  (2)   The Regulator may give a relinquishment notice, in relation to the original biodiversity certificate, to the project proponent.

Note 1:   For projects with multiple project proponents, see Part   3 (and in particular sections   40 and 43).

Note 2:   For review of decisions, see Part   20.