Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Minister may, by legislative instrument, make a determination that:
(a) is expressed to cover a specified kind of biodiversity project; and
(b) sets out conditions that must be met for such a project to be registered as a registered biodiversity project; and
(c) provides, for the purposes of paragraph 162(1)(k), for information that is to be included in the entry in the Register for such a project; and
(d) sets out:
(i) for the purposes of paragraph 67(2)(b), conditions that must be met for an application to be made for a biodiversity certificate to be issued in respect of such a project; and
(ii) for the purposes of paragraph 67(2)(c), a method of working out the time after which such applications may be made; and
(e) sets out, for the purposes of paragraph 70(2)(h), conditions that must be met for a biodiversity certificate to be issued in respect of such a project; and
(f) requires, for the purposes of paragraph 108(1)(b), the project proponent for such a project to notify the Regulator of specified matters relating to the project; and
(g) provides, for the purposes of paragraphs 164(1)(d) and (2)(d), for information that is to be included in the entry in the Register for a biodiversity certificate issued in relation to such a project; and
(h) sets out the activities that are to be carried out for the purposes of such a project; and
(i) provides for the activity period (if any) of such a project to be worked out.
(2) A determination made under subsection (1) is a methodology determination .
Note: For the duration of a methodology determination, see section 50.
(3) A methodology determination may impose any of the following on the project proponent of a registered biodiversity project that is covered by the methodology determination:
(a) specified requirements to carry out activities in the project area for the purposes of the project;
(b) specified requirements to ensure that specified activities are not carried out, by the project proponent or any other person, in the project area;
(c) specified requirements to include information relating to the project in each biodiversity project report about the project;
(d) specified requirements to notify one or more matters relating to the project to the Regulator;
(e) specified record - keeping requirements relating to the project;
(f) specified requirements to monitor the project.
Note: See section 46 (civil penalties--requirements in methodology determination).
(4) A methodology determination may exempt traditional Indigenous activities from a requirement imposed under paragraph (3)(b).
(5) Conditions set out under paragraph (1)(b), (d) or (e) must include:
(a) in a case where the methodology determination covers a kind of biodiversity project that involves enhancement of biodiversity--conditions relating to the measurement or assessment of the enhancement of biodiversity; and
(b) in a case where the methodology determination covers a kind of biodiversity project that involves protection of biodiversity--conditions relating to the measurement or assessment of the protection of biodiversity.
(6) Requirements imposed under paragraph (1)(f) or (3)(c), (d) or (f) must include:
(a) in a case where the methodology determination covers a kind of biodiversity project that involves enhancement of biodiversity--requirements relating to the measurement or assessment of the enhancement of biodiversity; and
(b) in a case where the methodology determination covers a kind of biodiversity project that involves protection of biodiversity--requirements relating to the measurement or assessment of the protection of biodiversity.
(7) A methodology determination may require that:
(a) there must be a project plan for a registered biodiversity project that is covered by the methodology determination; and
(b) the project plan must remain in force until the time ascertained in accordance with the methodology determination.
(8) A methodology determination may prescribe matters required or permitted by this Act to be prescribed by a methodology determination.
(9) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901 , a methodology determination may make different provision in relation to different kinds of biodiversity projects covered by the determination.
Note: For example, a methodology determination may set out requirements under paragraph (1)(b) that differ depending on which region the project area of a biodiversity project is in.
(10) Despite subsection 14(2) of the Legislation Act 2003 , a methodology determination may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.
(11) A methodology determination may make provision in relation to a matter by conferring a power to make a decision of an administrative character on the Regulator.
Note: For review of decisions, see Part 20.
Biodiversity assessment instruments
(12) The Minister must not make a methodology determination unless there is a biodiversity assessment instrument that applies to the determination.
(13) A methodology determination must comply with any requirements prescribed by a biodiversity assessment instrument that applies to the determination.