Commonwealth Consolidated Acts

NATURE REPAIR ACT 2023 - SECT 18

Scope

  (1)   This section applies if:

  (a)   an application under section   11 has been made for the Regulator to approve the registration of a biodiversity project; and

  (b)   the Regulator decides under section   15 to approve the registration of the biodiversity project; and

  (c)   the Regulator is satisfied that there are one or more persons (the relevant interest - holders ) who:

  (i)   hold an eligible interest in the project area, or any part of the project area, for the project; and

  (ii)   have not consented, in writing, to the making of the application.

Condition

  (2)   The Regulator must set out in the notice under subsection   15(3) that the registration is subject to the condition that a biodiversity certificate is not to be issued in respect of the project until the written consent of each relevant interest - holder to the registration is obtained.

Consents

  (3)   A consent mentioned in subparagraph   (1)(c)(ii) or subsection   (2) must be in a form approved, in writing, by the Regulator.

  (4)   A consent mentioned in subparagraph   (1)(c)(ii) or subsection   (2) may be set out in a registered indigenous land use agreement.

  (5)   Subsection   (3) does not apply to a consent mentioned in subparagraph   (1)(c)(ii) or subsection   (2) if the consent is set out in a registered indigenous land use agreement.