Commonwealth Consolidated Acts

NATURE REPAIR ACT 2023 - SECT 70

Scope

  (1)   This section applies if an application under section   67 has been made for the issue of a biodiversity certificate in respect of a registered biodiversity project.

Issue of certificate

  (2)   If the Regulator is satisfied that:

  (a)   the applicant is a fit and proper person; and

  (b)   the applicant is the project proponent for the project; and

  (c)   if the registration of the registered biodiversity project is subject to a condition under section   17 (obtaining regulatory approvals)--that condition has been met; and

  (d)   if the registration of the registered biodiversity project is subject to a condition under section   18 (obtaining consents from eligible interest holders)--that condition has been met; and

  (e)   if the registration of the registered biodiversity project is subject to a condition under section   18A (obtaining consent from registered native title body corporate)--that condition has been met; and

  (f)   the project is sufficiently progressed to have resulted in, or be likely to result in, the biodiversity outcome for the project; and

  (g)   if the rules specify one or more other eligibility requirements for the purposes of this paragraph--those requirements are met; and

  (h)   if the methodology determination that covers the project specifies conditions for the purposes of paragraph   45(1)(e)--those conditions are met;

the Regulator must issue a biodiversity certificate to the applicant in respect of the project by making an entry in a Register account held by the applicant.

Note 1:   For fit and proper person , see sections   97, 98, 99 and 99A.

Note 2:   For projects with multiple project proponents, see Part   3.

Note 3:   For review of decisions, see Part   20.

  (3)   A biodiversity certificate must set out such matters (if any) as are specified in the rules.

Timing

  (4)   The Regulator must take all reasonable steps to ensure that a decision is made on the application:

  (a)   if the Regulator requires the applicant to give further information under subsection   69(1) in relation to the application--within 90 days after the applicant gave the Regulator the information; or

  (b)   otherwise--within 90 days after the application was made.

Notice

  (5)   The Regulator must give the applicant notice in writing if the Regulator:

  (a)   decides to issue a biodiversity certificate to the applicant; or

  (b)   decides not to issue a biodiversity certificate to the applicant.