Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Nature Repair Market Bill 2023
No. , 2023
(Climate Change, Energy, the Environment and Water)
A Bill for an Act to establish a national voluntary
framework for projects to enhance or protect
biodiversity, and for other purposes
No. , 2023
Nature Repair Market Bill 2023
i
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Objects of this Act ............................................................................. 2
4
Simplified outline of this Act ............................................................ 3
5
Crown to be bound ............................................................................ 4
6
Extension to external Territories ....................................................... 5
7
Definitions ......................................................................................... 5
8
Vacancy in the office of a Nature Repair Market Committee
member ............................................................................................ 18
9
Electronic notice transmitted to the Regulator ................................. 18
Part 2--Registered biodiversity projects
19
Division 1--Introduction
19
10
Simplified outline of this Part .......................................................... 19
Division 2--Registration of biodiversity project
20
11
Application for approval of registration of biodiversity
project .............................................................................................. 20
12
Form of application ......................................................................... 20
13
Further information ......................................................................... 22
14
Withdrawal of application ............................................................... 22
15
Approval of registration of biodiversity project .............................. 23
16
Suspension of processing of applications for registrations of
biodiversity projects ........................................................................ 27
17
Registration may be subject to condition about obtaining
regulatory approvals ........................................................................ 28
18
Registration may be subject to condition about obtaining
consents from eligible interest holders ............................................ 29
18A
Registration may be subject to condition about obtaining
consent from registered native title body corporate ......................... 30
Division 3--Variation of registration
32
19
Voluntary variation of registration of biodiversity project--
change in identity of project proponent ........................................... 32
20
Voluntary variation of registration of biodiversity project--
changes in project area etc. .............................................................. 33
21
Voluntary variation of conditional registration of
biodiversity project--condition of registration has been met .......... 34
22
Procedures for voluntary variation of registration of
biodiversity project .......................................................................... 35
ii
Nature Repair Market Bill 2023
No. , 2023
Division 4--Cancellation of registration of biodiversity project
37
Subdivision A--Voluntary cancellation of registration of
biodiversity project
37
23
Voluntary cancellation of registration of biodiversity
project--certificate in effect ............................................................ 37
24
Voluntary cancellation of registration of biodiversity
project--no certificate in effect ....................................................... 38
25
Procedures for voluntary cancellation of registration of
biodiversity project .......................................................................... 38
Subdivision B--Unilateral cancellation of registration of
biodiversity project
40
26
Unilateral cancellation of registration of biodiversity
project--condition of registration has not been met ........................ 40
27
Unilateral cancellation of registration of biodiversity
project--project not commenced, or unlikely to result in
issuing of biodiversity certificate ..................................................... 40
28
Unilateral cancellation of registration of biodiversity
project--eligibility requirements not met etc. ................................. 41
29
Unilateral cancellation of registration of biodiversity
project--project proponent ceases to be a fit and proper
person .............................................................................................. 41
30
Unilateral cancellation of registration of biodiversity
project--project proponent ceases to exist etc. ................................ 42
31
Unilateral cancellation of registration of biodiversity
project--false or misleading information ........................................ 43
32
Notice of unilateral cancellation of registration of
biodiversity project .......................................................................... 44
Subdivision C--Cancellation of registration of biodiversity
project at the end of the permanence period for
the project
44
32A
Cancellation of registration of biodiversity project at the end
of the permanence period for the project ......................................... 44
Division 5--Excluded biodiversity projects
45
33
Excluded biodiversity projects ........................................................ 45
Division 6--Permanence period
46
34
Permanence period .......................................................................... 46
Part 3--Multiple project proponents
50
Division 1--Introduction
50
35
Simplified outline of this Part .......................................................... 50
Division 2--References to project proponents
51
No. , 2023
Nature Repair Market Bill 2023
iii
36
References to project proponents ..................................................... 51
Division 3--Nominee of multiple project proponents
52
37
Nomination of nominee by multiple project proponents--
nomination accompanying application ............................................ 52
38
Nomination of nominee by multiple project proponents--
other nominations ............................................................................ 53
39
Revocation and cessation of nomination ......................................... 53
40
Service of documents on nominee ................................................... 54
41
Eligible voluntary action taken by nominee .................................... 54
42
Unilateral cancellation of registration of biodiversity
project--failure of multiple project proponents to nominate a
nominee ........................................................................................... 55
Division 4--Obligations of multiple project proponents
57
43
Obligations of multiple project proponents ..................................... 57
Part 4--Methodology determinations
58
Division 1--Introduction
58
44
Simplified outline of this Part .......................................................... 58
Division 2--Methodology determinations
59
Subdivision A--Making of methodology determinations
59
45
Methodology determinations ........................................................... 59
46
Civil penalties--requirements in methodology determination ........ 62
47
Procedure for making a methodology determination ....................... 63
Subdivision B--Variation of methodology determinations
65
48
Variation of methodology determinations ....................................... 65
49
When variation takes effect ............................................................. 66
Subdivision C--Duration, expiry and revocation of methodology
determinations
69
50
Duration of methodology determinations ........................................ 69
51
Revocation of methodology determinations .................................... 70
52
Consequences of methodology determination ceasing to have
effect ................................................................................................ 71
53
Effect of methodology determination ceasing to have
effect--applications for registration ................................................ 73
Subdivision D--Advice about making, varying or revoking
methodology determinations
74
54
Advice by the Nature Repair Market Committee ............................ 74
55
Additional matters for the Nature Repair Market Committee
to take into account .......................................................................... 76
iv
Nature Repair Market Bill 2023
No. , 2023
Subdivision E--Consultation by the Nature Repair Market
Committee
77
56
Consultation by the Nature Repair Market Committee .................... 77
Division 3--Biodiversity integrity standards
79
57
Biodiversity integrity standards ....................................................... 79
Division 4--Biodiversity assessment instruments
82
Subdivision A--Making of biodiversity assessment instruments
82
58
Biodiversity assessment instruments ............................................... 82
59
Procedure for making a biodiversity assessment instrument ........... 82
Subdivision B--Variation of biodiversity assessment instruments
84
60
Variation of biodiversity assessment instruments ............................ 84
61
Procedure for varying a biodiversity assessment instrument ........... 84
Subdivision C--Revocation of biodiversity assessment
instruments
86
62
Revocation of biodiversity assessment instruments ......................... 86
63
Procedure for revoking a biodiversity assessment instrument ......... 86
Subdivision D--Advice about making, varying or revoking
biodiversity assessment instruments
88
64
Advice by the Nature Repair Market Committee ............................ 88
65
Consultation by the Nature Repair Market Committee .................... 90
65A
Additional matters for the Nature Repair Market Committee
to take into account .......................................................................... 91
Part 5--Biodiversity certificates
92
Division 1--Introduction
92
66
Simplified outline of this Part .......................................................... 92
Division 2--Issue of biodiversity certificates
93
67
Application for biodiversity certificate ............................................ 93
68
Form of application ......................................................................... 93
69
Further information ......................................................................... 94
70
Issue of biodiversity certificate ........................................................ 95
70A
Correction of biodiversity certificate ............................................... 96
71
Basis on which biodiversity certificates are issued .......................... 96
Division 3--Property in biodiversity certificates
98
72
A biodiversity certificate is personal property ................................. 98
73
Ownership of biodiversity certificate .............................................. 98
74
Transmission of biodiversity certificates ......................................... 98
75
Registration of equitable interests in relation to biodiversity
certificates ....................................................................................... 99
No. , 2023
Nature Repair Market Bill 2023
v
76
Equitable interests in relation to biodiversity certificates ................ 99
Division 4--Cancellation of biodiversity certificate at the end of
the permanence period for a registered biodiversity
project
100
77
Cancellation of biodiversity certificate at the end of the
permanence period for a registered biodiversity project ................ 100
Division 5--Cancellation of biodiversity certificate if registration
of registered biodiversity project is cancelled
101
77A
Cancellation of biodiversity certificate if registration of
registered biodiversity project is cancelled .................................... 101
Part 6--Purchase of biodiversity certificates by the
Commonwealth
102
Division 1--Introduction
102
78
Simplified outline of this Part ........................................................ 102
Division 2--Biodiversity conservation contracts
103
79
Biodiversity conservation contracts ............................................... 103
80
When biodiversity conservation contracts may be entered
into................................................................................................. 103
81
Secretary has powers etc. of the Commonwealth .......................... 104
82
Conferral of powers on the Secretary ............................................ 104
Division 3--Biodiversity conservation purchasing processes
105
83
Biodiversity conservation purchasing process ............................... 105
84
Conduct of biodiversity conservation purchasing processes .......... 105
Division 4--Miscellaneous
107
85
Rules may provide for certain matters relating to purchased
biodiversity certificates.................................................................. 107
86
Certain instruments relating to Commonwealth procurement
are not applicable ........................................................................... 107
87
Biodiversity conservation contracts are not instruments made
under this Act ................................................................................ 107
Part 7--Interests in land
108
Division 1--Introduction
108
88
Simplified outline of this Part ........................................................ 108
Division 2--Eligible interest in an area of land
109
89
Eligible interest in an area of land--Torrens system land ............. 109
90
Eligible interest in an area of land--Crown land that is not
Torrens system land ....................................................................... 111
92
Eligible interest in an area of land--Aboriginal land council ........ 113
vi
Nature Repair Market Bill 2023
No. , 2023
Division 3--Freehold land rights land
114
93
Regulator to notify Crown lands Minister of approval of
registration of biodiversity project ................................................. 114
Division 4--Entries in title registers
115
94
Entries in title registers--general .................................................. 115
95
Entries in title registers--biodiversity maintenance areas ............. 115
Part 8--Fit and proper person
116
96
Simplified outline of this Part ........................................................ 116
97
Fit and proper person--individuals ............................................... 116
98
Fit and proper person--corporations ............................................. 118
99
Fit and proper person--trusts ........................................................ 121
99A
Fit and proper person--non-corporate government bodies ............ 124
Part 9--Reporting and notification requirements
127
Division 1--Introduction
127
100
Simplified outline of this Part ........................................................ 127
Division 2--Reporting requirements
128
Subdivision A--Category A biodiversity project reports
128
101
Category A biodiversity project reports--first report .................... 128
102
Category A biodiversity project reports--subsequent reports ....... 128
103
Requirements for category A biodiversity project reports ............. 130
Subdivision B--Category B biodiversity project reports
132
104
Category B biodiversity project reports ......................................... 132
Subdivision C--Alternative assurance agreements
134
104A
Alternative assurance agreements .................................................. 134
Division 3--Notification requirements
136
105
Notification requirement--project proponent ceases to have
right to carry out project ................................................................ 136
106
Notification requirement--withdrawal or cessation of
regulatory approval ........................................................................ 137
107
Notification requirement--death of project proponent .................. 137
108
Notification requirement--methodology determinations .............. 138
109
Notification requirement--reversal of biodiversity outcome ........ 138
110
Notification requirement--event or conduct that causes, or is
likely to cause, reversal of biodiversity outcome ........................... 139
111
Significant reversals in biodiversity outcomes--notification
requirements .................................................................................. 140
112
Notification requirement--event relevant to whether a
project proponent is a fit and proper person .................................. 140
No. , 2023
Nature Repair Market Bill 2023
vii
113
Notification requirement--variation of project plan ...................... 142
114
The rules may impose notification requirements ........................... 143
Part 10--Information-gathering powers
144
115
Simplified outline of this Part ........................................................ 144
116
Regulator may obtain information or documents .......................... 144
117
Copying documents--compensation ............................................. 145
118
Copies of documents ..................................................................... 145
119
Regulator may retain documents ................................................... 145
Part 11--Audits
147
Division 1--Introduction
147
120
Simplified outline of this Part ........................................................ 147
Division 2--Audits
148
121
Compliance audits ......................................................................... 148
122
Other audits ................................................................................... 150
123
Information-gathering of audit team leaders and persons
assisting audit team leaders ........................................................... 151
Division 3--Audit information
153
Subdivision A--Information
153
124
Meaning of
audit information
........................................................ 153
125
Meaning of
protected audit information
........................................ 153
Subdivision B--Secrecy
154
126
Secrecy--protected audit information ........................................... 154
Subdivision C--Disclosure or use of audit information
154
127
Disclosure or use for purposes of carrying out biodiversity
audit or preparing biodiversity audit report etc. ............................. 154
128
Disclosure to the Regulator ........................................................... 155
129
Disclosure to Minister etc. ............................................................. 155
130
Disclosure to the Secretary etc. ..................................................... 155
131
Disclosure to reduce serious risk to life or health of
individual ....................................................................................... 156
132
Disclosure to reduce serious risk to the environment .................... 156
133
Disclosure to a court, tribunal etc .................................................. 156
134
Disclosure of publicly available information ................................. 157
135
Disclosure with consent ................................................................. 157
136
Disclosure to person to whom audit information relates ............... 157
137
Disclosure to person who provided audit information ................... 157
138
Disclosure of statistics ................................................................... 157
Part 12--Deposit of biodiversity certificates with the Regulator
158
viii
Nature Repair Market Bill 2023
No. , 2023
139
Simplified outline of this Part ........................................................ 158
140
Application to approve the deposit of a biodiversity
certificate with the Regulator......................................................... 158
141
Approval of deposit of a biodiversity certificate with the
Regulator ....................................................................................... 159
142
Deposit of a biodiversity certificate with the Regulator ................ 159
Part 13--Relinquishment requirements
161
Division 1--Introduction
161
143
Simplified outline of this Part ........................................................ 161
Division 2--Relinquishment notices
162
144
Relinquishment notice--false or misleading information ............. 162
146
Relinquishment notice--reversal of biodiversity outcome
other than due to natural disturbance or conduct etc. ..................... 163
147
Relinquishment notice--reversal of biodiversity outcome
due to natural disturbance or conduct and no mitigation
happens .......................................................................................... 163
147A
Relinquishment notice--circumstances prescribed by the
rules ............................................................................................... 164
148
Significant reversals in biodiversity outcomes--
relinquishment requirements ......................................................... 165
149
Form and content of relinquishment notice ................................... 165
Division 3--Complying with a relinquishment notice
166
150
Requirement for compliance with relinquishment notice .............. 166
151
Compliance with relinquishment requirement--relinquishing
equivalent biodiversity certificate or certificates ........................... 168
152
How biodiversity certificates are relinquished............................... 169
Part 14--Biodiversity maintenance declarations
171
Division 1--Introduction
171
153
Simplified outline of this Part ........................................................ 171
Division 2--Biodiversity maintenance declarations
172
154
Biodiversity maintenance declaration ............................................ 172
155
Civil penalty for carrying out declared prohibited activity ............ 174
156
When a biodiversity maintenance declaration ceases to be in
force ............................................................................................... 174
157
Variation or revocation of biodiversity maintenance
declaration ..................................................................................... 175
158
Revocation of biodiversity maintenance declaration--
voluntary relinquishment of biodiversity certificate ...................... 177
Part 15--Registers
179
No. , 2023
Nature Repair Market Bill 2023
ix
Division 1--Introduction
179
160
Simplified outline of this Part ........................................................ 179
Division 2--Biodiversity Market Register
180
161
Biodiversity Market Register ......................................................... 180
162
Entries in the Register--registered biodiversity projects and
former registered biodiversity projects .......................................... 180
163
Requests for information about project area not to be set out
in the Register ................................................................................ 182
163A
Requests for information about a project not to be set out in
the Register .................................................................................... 184
164
Entries in the Register--biodiversity certificates .......................... 186
165
Entries in the Register--accounts for holding biodiversity
certificates ..................................................................................... 186
166
Suspension of operation of the Register ........................................ 186
167
Rules may make provision in relation to the Register ................... 187
168
Use and disclosure of information obtained from the Register ...... 188
Division 3--Online platform
190
169
Online Platform ............................................................................. 190
Part 16--Publication of information
191
Division 1--Introduction
191
170
Simplified outline of this Part ........................................................ 191
Division 2--Information about biodiversity certificates
192
171
Information about biodiversity certificates .................................... 192
172
Reports about activities of Regulator ............................................. 192
173
Publication of concise description of the characteristics of
biodiversity certificates.................................................................. 192
Division 3--Information about biodiversity certificates
purchased by the Commonwealth
194
174
Information about biodiversity conservation purchasing
processes ........................................................................................ 194
175
Annual reports about purchases of biodiversity certificates .......... 194
Division 4--Information about relinquishment requirements
196
176
Information about relinquishment requirements ............................ 196
177
Information about relinquished certificates ................................... 197
Part 17--Record-keeping and project monitoring requirements
198
Division 1--Introduction
198
178
Simplified outline of this Part ........................................................ 198
x
Nature Repair Market Bill 2023
No. , 2023
Division 2--Record-keeping requirements
199
179
Record-keeping requirements--general ........................................ 199
180
Record-keeping requirements--preparation of biodiversity
project report ................................................................................. 199
181
Record-keeping requirements--methodology determinations ....... 200
Division 3--Project monitoring requirements
201
182
Project monitoring requirements--methodology
determinations ............................................................................... 201
Part 18--Enforcement
202
Division 1--Introduction
202
183
Simplified outline of this Part ........................................................ 202
184
Appointment of inspectors ............................................................. 202
Division 2--Monitoring powers
204
185
Monitoring powers ........................................................................ 204
186
Modifications of Part 2 of the Regulatory Powers Act .................. 205
Division 3--Investigation powers
208
187
Investigation powers ...................................................................... 208
188
Modifications of Part 3 of the Regulatory Powers Act .................. 209
Division 4--Civil penalty provisions
212
189
Civil penalty provisions ................................................................. 212
Division 5--Infringement notices
214
190
Infringement notices ...................................................................... 214
Division 6--Enforceable undertakings
216
191
Enforceable undertakings .............................................................. 216
Division 7--Injunctions
218
192
Injunctions ..................................................................................... 218
Part 19--Nature Repair Market Committee
220
Division 1--Introduction
220
193
Simplified outline of this Part ........................................................ 220
Division 2--Establishment and functions of the Nature Repair
Market Committee
221
194
Nature Repair Market Committee.................................................. 221
195
Functions of the Nature Repair Market Committee ....................... 221
195A
Request for review of methodology determinations ...................... 222
196
Nature Repair Market Committee may obtain advice .................... 223
No. , 2023
Nature Repair Market Bill 2023
xi
196A
Nature Repair Market Committee must publish outcomes of
reviews .......................................................................................... 223
Division 3--Membership of the Nature Repair Market
Committee
224
197
Membership of the Nature Repair Market Committee................... 224
198
Appointment of Nature Repair Market Committee members ........ 224
199
Period for appointment for Nature Repair Market Committee
members ........................................................................................ 225
200
Acting Nature Repair Market Committee members ...................... 226
201
Procedures ..................................................................................... 227
202
Disclosure of interests to the Minister ........................................... 228
203
Disclosure of interests to the Nature Repair Market
Committee ..................................................................................... 228
204
Other paid work ............................................................................. 229
205
Remuneration ................................................................................ 229
206
Leave of absence ........................................................................... 229
207
Resignation .................................................................................... 229
208
Termination of appointment .......................................................... 230
209
Other terms and conditions ............................................................ 231
210
Assistance to Nature Repair Market Committee ............................ 231
210A
Application of the finance law ....................................................... 231
Part 20--Review of decisions
232
Division 1--Introduction
232
211
Simplified outline of this Part ........................................................ 232
Division 2--Decisions of the Regulator
233
212
Reviewable decisions .................................................................... 233
213
Notice of decision and reconsideration rights to be given--
decisions made by delegates of the Regulator ............................... 234
214
Applications for reconsideration of decisions made by
delegates of the Regulator ............................................................. 235
215
Reconsideration by the Regulator .................................................. 235
216
Deadline for reconsideration.......................................................... 236
217
Review by the Administrative Appeals Tribunal ........................... 236
Part 21--Miscellaneous
237
218
Simplified outline of this Part ........................................................ 237
219
Miscellaneous functions of the Regulator...................................... 237
220
Treatment of trusts ......................................................................... 238
221
Rules may provide for voluntary accreditation of advisers
etc. ................................................................................................. 238
xii
Nature Repair Market Bill 2023
No. , 2023
222
Information previously given to the Regulator .............................. 239
223
Delegation by the Minister ............................................................ 239
224
Delegation by the Secretary ........................................................... 240
225
Concurrent operation of State and Territory laws .......................... 240
226
Law relating to legal professional privilege not affected ............... 241
227
Arrangements with States and Territories ...................................... 241
228
Liability for damages ..................................................................... 241
229
Executive power of the Commonwealth ........................................ 242
230
Notional payments by the Commonwealth .................................... 242
231
Compensation for acquisition of property ..................................... 242
232
Native title rights not affected ....................................................... 243
233
Racial Discrimination Act not affected.......................................... 243
234
Administrative decisions under the rules ....................................... 243
235
Revocation or variation of instruments .......................................... 243
236
Review of operation of this Act etc. .............................................. 243
237
Rules .............................................................................................. 245
No. , 2023
Nature Repair Market Bill 2023
1
A Bill for an Act to establish a national voluntary
1
framework for projects to enhance or protect
2
biodiversity, and for other purposes
3
The Parliament of Australia enacts:
4
Part 1--Preliminary
5
6
1 Short title
7
This Act is the
Nature Repair Market Act 2023.
8
Part 1
Preliminary
Section 2
2
Nature Repair Market Bill 2023
No. , 2023
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Objects of this Act
13
The objects of this Act are:
14
(a) to promote the enhancement or protection of biodiversity in
15
native species in Australia; and
16
(b) to contribute to meeting Australia's international obligations
17
in relation to biodiversity; and
18
(c) to promote engagement and co-operation of market
19
participants (including Aboriginal persons and Torres Strait
20
Islanders, governments, the community, landholders and
21
private enterprise) in the enhancement or protection of
22
biodiversity in native species in Australia; and
23
(d) to:
24
(i) support and promote the unique role of Aboriginal
25
persons and Torres Strait Islanders in enhancing and
26
protecting biodiversity in native species in Australia;
27
and
28
Preliminary
Part 1
Section 4
No. , 2023
Nature Repair Market Bill 2023
3
(ii) enable the use of the knowledge of Aboriginal persons
1
and Torres Strait Islanders related to biodiversity in
2
native species in Australia, guided by the owners of that
3
knowledge; and
4
(e) to contribute to building a knowledge base, and capacity,
5
related to the enhancement or protection of biodiversity in
6
native species in Australia.
7
4 Simplified outline of this Act
8
A biodiversity project is a project to enhance or protect
9
biodiversity in native species.
10
An eligible person may apply for a biodiversity project to be
11
registered on the Biodiversity Market Register. To be registered, a
12
biodiversity project must meet various requirements, including
13
requirements:
14
(a)
to be carried out by one or more project proponents
15
(including the applicant) who are fit and proper persons;
16
and
17
(b)
to be covered by a methodology determination.
18
Methodology determinations are legislative instruments that cover
19
particular kinds of biodiversity projects, and set out how a project
20
is to be carried out and the circumstances in which a biodiversity
21
certificate will be issued for a project.
22
The Minister may make a biodiversity assessment instrument that
23
prescribes requirements to be complied with by methodology
24
determinations.
25
A biodiversity certificate represents the biodiversity outcome that a
26
registered biodiversity project is designed to achieve. Biodiversity
27
certificates are the property of their registered holders, and may be
28
transferred.
29
This Act imposes certain obligations on project proponents. These
30
obligations include:
31
Part 1
Preliminary
Section 5
4
Nature Repair Market Bill 2023
No. , 2023
(a)
obligations to comply with requirements in the
1
methodology determination that covers a project; and
2
(b)
reporting and notification obligations; and
3
(c)
record-keeping and monitoring obligations.
4
The Biodiversity Market Register holds entries for each registered
5
biodiversity project and each biodiversity certificate.
6
This Act is administered by the Minister and the Clean Energy
7
Regulator. The Regulator has a range of powers available to
8
enforce the obligations of a project proponent, including the
9
following:
10
(a)
civil penalties (some of which apply only after a
11
biodiversity certificate has been issued for a project);
12
(b)
other powers under the Regulatory Powers Act;
13
(c)
powers to require projects to be audited;
14
(d)
powers to require project proponents to relinquish
15
biodiversity certificates;
16
(e)
the power to make a biodiversity maintenance
17
declaration that prohibits certain activities in a project
18
area.
19
This Act also contains provisions for:
20
(a)
the establishment of the Nature Repair Market
21
Committee to advise the Minister in relation to the
22
Minister's functions under this Act; and
23
(b)
biodiversity integrity standards which a methodology
24
determination must meet; and
25
(c)
internal review of decisions under the Act, and review
26
by the Administrative Appeals Tribunal.
27
5 Crown to be bound
28
(1) This Act binds the Crown in each of its capacities.
29
(2) This Act does not make the Crown liable to a pecuniary penalty or
30
to be prosecuted for an offence.
31
Preliminary
Part 1
Section 6
No. , 2023
Nature Repair Market Bill 2023
5
(3) The protection in subsection (2) does not apply to an authority of
1
the Crown.
2
(4) The protection in subsection (2) does not apply in relation to:
3
(a) subsection 150(5); or
4
(b) section 155.
5
6 Extension to external Territories
6
This Act extends to every external Territory.
7
7 Definitions
8
In this Act:
9
Aboriginal land council
, for an area of land, means a body
10
corporate that:
11
(a) is established under an Act of the Commonwealth, a State or
12
a Territory for the purpose of holding, for the benefit of
13
Aboriginal persons or Torres Strait Islanders:
14
(i) title to land vested in it by or under that Act; or
15
(ii) an estate or interest in land granted under that Act; and
16
(b) has functions relating to land that under a law of the
17
Commonwealth, a State or a Territory is land rights land; and
18
(c) consists of Aboriginal persons or Torres Strait Islanders who:
19
(i) live in an area to which one or more of the body's
20
functions relate; or
21
(ii) are registered as traditional owners of land in an area to
22
which one or more of the body's functions relate; or
23
(iii) have an association with an area to which one or more
24
of the body's functions relate if the Aboriginal persons
25
or Torres Strait Islanders are accepted as members of
26
the land council on the basis of that association.
27
Aboriginal person
has the same meaning as in the
Aboriginal and
28
Torres Strait Islander Act 2005
.
29
activity period
of a registered biodiversity project means the
30
activity period identified in the notice of approval of registration
31
Part 1
Preliminary
Section 7
6
Nature Repair Market Bill 2023
No. , 2023
under paragraph 15(7)(d), subject to any variation under rules
1
made for the purposes of paragraph 20(1)(c).
2
alternative assurance agreement
: see subsection 104A(2).
3
area
means:
4
(a) an area of land; or
5
(b) an area of Australian waters; or
6
(c) an area that is a combination of land and Australian waters.
7
audit information
has the meaning given by section 124.
8
audit team leader
means a registered greenhouse and energy
9
auditor appointed under any of the following provisions:
10
(a) paragraph 12(3)(a);
11
(b) paragraph 68(1)(e);
12
(c) paragraph 103(1)(d);
13
(d) paragraph 103(1)(e);
14
(e) paragraph 104(3)(d);
15
(f) paragraph 104(3)(e);
16
(g) paragraph 121(2)(a);
17
(h) subsection 122(1).
18
Australia
, when used in a geographical sense, includes the external
19
Territories.
20
Australian waters
means:
21
(a) the territorial sea of Australia; or
22
(b) the waters of the sea on the landward side of the territorial
23
sea of Australia; or
24
(c) the territorial sea of each external Territory; or
25
(d) the waters of the sea on the landward side of the territorial
26
sea of each external Territory; or
27
(e) inland waters.
28
biodiversity
means the variability among living organisms from all
29
sources (including terrestrial, marine and other aquatic ecosystems
30
and the ecological complexes of which they are part) and includes:
31
(a) diversity within species and between species; and
32
Preliminary
Part 1
Section 7
No. , 2023
Nature Repair Market Bill 2023
7
(b) diversity of ecosystems.
1
biodiversity assessment instrument
means an instrument under
2
section 58.
3
biodiversity audit
means:
4
(a) an audit under section 121 or 122; or
5
(b) an audit carried out for the purposes of preparing an audit
6
report prescribed by the rules or a methodology
7
determination for the purposes of any of the following
8
provisions:
9
(i) paragraph 12(3)(a);
10
(ii) paragraph 68(1)(e);
11
(iii) paragraph 103(1)(d);
12
(iv) paragraph 103(1)(e);
13
(v) paragraph 104(3)(d);
14
(vi) paragraph 104(3)(e).
15
biodiversity audit report
means:
16
(a) an audit report under section 121 or 122; or
17
(b) an audit report prescribed by the rules or a methodology
18
determination for the purposes of any of the following
19
provisions:
20
(i) paragraph 12(3)(a);
21
(ii) paragraph 68(1)(e);
22
(iii) paragraph 103(1)(d);
23
(iv) paragraph 103(1)(e);
24
(v) paragraph 104(3)(d);
25
(vi) paragraph 104(3)(e).
26
biodiversity certificate
means a certificate issued under section 70.
27
biodiversity conservation contract
: see section 79.
28
biodiversity conservation contractor
: see section 79.
29
biodiversity conservation purchasing process
: see section 83.
30
biodiversity integrity standards
: see section 57.
31
Part 1
Preliminary
Section 7
8
Nature Repair Market Bill 2023
No. , 2023
biodiversity maintenance area
, in relation to a biodiversity
1
maintenance declaration: see subsection 154(1).
2
biodiversity maintenance declaration
means a declaration made
3
by the Regulator under subsection 154(1).
4
biodiversity outcome
, in relation to a biodiversity project, means
5
the enhancement or protection of biodiversity that the project is
6
designed to achieve.
7
biodiversity project
means a project, carried out in a particular
8
area, that is designed to enhance or protect biodiversity in native
9
species (whether the effect on biodiversity occurs within or outside
10
the area).
11
biodiversity project report
means:
12
(a) a category A biodiversity project report; or
13
(b) a category B biodiversity project report.
14
body corporate under external administration
means:
15
(a) a Chapter 5 body corporate; or
16
(b) a body corporate that has a corresponding status under a law
17
of a foreign country.
18
category A biodiversity project report
: see sections 101 and 102.
19
category B biodiversity project report
: see section 104.
20
Chapter 5 body corporate
has the same meaning as in the
21
Corporations Act 2001
.
22
civil penalty order
has the same meaning as in the Regulatory
23
Powers Act.
24
civil penalty provision
has the same meaning as in the Regulatory
25
Powers Act.
26
Commonwealth Register account
means a Register account kept
27
in the name of the Commonwealth.
28
corporation
means:
29
(a) a body corporate; or
30
Preliminary
Part 1
Section 7
No. , 2023
Nature Repair Market Bill 2023
9
(b) a corporation sole.
1
covers
: a methodology determination
covers
a registered
2
biodiversity project if the entry for the project in the Register states
3
that the methodology determination covers the project.
4
Crown land
means land that is the property of:
5
(a) the Commonwealth, a State or a Territory; or
6
(b) a statutory authority of:
7
(i) the Commonwealth; or
8
(ii) a State; or
9
(iii) a Territory.
10
For this purpose, it is immaterial whether the land is:
11
(c) subject to a lease or licence; or
12
(d) covered by a reservation, proclamation, dedication,
13
condition, permission or authority, made or conferred by the
14
Commonwealth, the State or the Territory; or
15
(e) covered by the making, amendment or repeal of legislation of
16
the Commonwealth, the State or the Territory under which
17
the whole or a part of the land is to be used for a public
18
purpose or public purposes; or
19
(f) held on trust for the benefit of another person; or
20
(g) subject to native title.
21
Crown lands Minister
:
22
(a) in relation to a State--means the Minister of the State who,
23
under the rules, is taken to be the Crown lands Minister of
24
the State; or
25
(b) in relation to the Northern Territory--means the Minister of
26
the Northern Territory who, under the rules, is taken to be the
27
Crown lands Minister of the Northern Territory; or
28
(c) in relation to the Australian Capital Territory--means the
29
Minister of the Australian Capital Territory who, under the
30
rules, is taken to be the Crown lands Minister of the
31
Australian Capital Territory; or
32
(d) in relation to a Territory other than the Northern Territory or
33
the Australian Capital Territory--means the person who,
34
Part 1
Preliminary
Section 7
10
Nature Repair Market Bill 2023
No. , 2023
under the rules, is taken to be the Crown lands Minister of
1
the Territory.
2
declared prohibited activity
, in relation to a biodiversity
3
maintenance area, means an activity specified under
4
subsection 154(4) in relation to the biodiversity maintenance area.
5
deposited with the Regulator
, when used in relation to a
6
biodiversity certificate, has the meaning given by section 142.
7
director
includes a constituent member of a body corporate
8
incorporated for a public purpose by a law of the Commonwealth,
9
a State or a Territory.
10
electronic notice transmitted to the Regulator
has the meaning
11
given by section 9.
12
eligible interest
, in relation to an area of land, has the meaning
13
given by section 89, 90 or 92.
14
eligible person
means any of the following:
15
(a) an individual;
16
(b) a body corporate;
17
(c) a trust;
18
(d) a corporation sole;
19
(e) a body politic;
20
(f) a local governing body.
21
eligible voluntary action
means:
22
(a) making an application; or
23
(b) giving information in connection with an application; or
24
(c) withdrawing an application; or
25
(d) giving a notice (including an electronic notice); or
26
(e) making a submission; or
27
(f) making a request; or
28
(g) giving information in connection with a request;
29
to the Regulator, where the application, information, notice,
30
submission or request is permitted, but not required, to be made,
31
given or withdrawn, as the case may be, under this Act.
32
Preliminary
Part 1
Section 7
No. , 2023
Nature Repair Market Bill 2023
11
engage in conduct
means:
1
(a) do an act; or
2
(b) omit to perform an act.
3
excluded biodiversity project
: see section 33.
4
exclusive possession native title area
means a native title area,
5
where the native title confers a right of exclusive possession over
6
the area.
7
executive officer
of a corporation means:
8
(a) a director of the corporation; or
9
(b) the chief executive officer (however described) of the
10
corporation; or
11
(c) the chief financial officer (however described) of the
12
corporation; or
13
(d) the secretary of the corporation.
14
Federal Court
means the Federal Court of Australia.
15
fit and proper person
has a meaning affected by sections 97, 98,
16
99 and 99A.
17
freehold land rights land
means land, where:
18
(a) a freehold estate exists over the land, and the grant of the
19
freehold estate took place under a law of a State or a
20
Territory that makes provision for the grant of such things
21
only to, or for the benefit of, Aboriginal persons or Torres
22
Strait Islanders; or
23
(b) a freehold estate exists over the land, and the grant of the
24
freehold estate took place under a law of the Commonwealth
25
that makes provision for the grant of such things only to, or
26
for the benefit of, Aboriginal persons or Torres Strait
27
Islanders; or
28
(c) the land is vested in a person, and the vesting took place
29
under a law of the Commonwealth that makes provision for
30
the vesting of land only in, or for the benefit of, Aboriginal
31
persons or Torres Strait Islanders.
32
Part 1
Preliminary
Section 7
12
Nature Repair Market Bill 2023
No. , 2023
holder
of a biodiversity certificate means the person recorded in
1
the Register as the holder of the certificate.
2
indigenous land use agreement
has the same meaning as in the
3
Native Title Act 1993
.
4
inland waters
means waters within Australia other than waters of
5
the sea.
6
inspector
means a person appointed as an inspector under
7
section 184.
8
land rights land
means land where:
9
(a) a freehold estate exists, or a lease is in force, over the land,
10
where the grant of the freehold estate or lease took place
11
under legislation that makes provision for the grant of such
12
things only to, or for the benefit of, Aboriginal persons or
13
Torres Strait Islanders; or
14
(b) the land is vested in a person, where the vesting took place
15
under legislation that makes provision for the vesting of land
16
only in, or for the benefit of, Aboriginal persons or Torres
17
Strait Islanders; or
18
(c) neither paragraph (a) nor (b) applies, and the land is held
19
expressly for the benefit of, or is held in trust expressly for
20
the benefit of, Aboriginal persons or Torres Strait Islanders;
21
or
22
(d) the land is reserved expressly for the benefit of Aboriginal
23
persons or Torres Strait Islanders; or
24
(e) the land is specified in the rules.
25
This definition does not apply to the definition of
Aboriginal land
26
council
or to section 92.
27
Note:
For specification by class, see subsection 13(3) of the
Legislation Act
28
2003
.
29
lease
, in relation to land rights land, includes:
30
(a) a lease enforceable in equity; and
31
(b) a contract that contains a statement to the effect that it is a
32
lease; and
33
Preliminary
Part 1
Section 7
No. , 2023
Nature Repair Market Bill 2023
13
(c) anything that, at or before the time of its creation, is, for any
1
purpose, by a law of the Commonwealth, a State or a
2
Territory, declared to be or described as a lease.
3
maintained project
, in relation to a biodiversity maintenance
4
declaration: see paragraph 154(1)(a).
5
methodology determination
means a determination under
6
subsection 45(1).
7
National Native Title Register
has the same meaning as in the
8
Native Title Act 1993
.
9
native title
has the same meaning as in the
Native Title Act 1993
.
10
native title area
: an area is a
native title area
if there is an entry on
11
the National Native Title Register specifying that native title exists
12
in relation to the area.
13
natural disturbance
, in relation to a registered biodiversity project,
14
means any of the following events, where the event could not
15
reasonably be prevented by the project proponent for the project:
16
(a) flood;
17
(b) bushfire;
18
(c) drought;
19
(d) pest attack;
20
(e) disease;
21
(f) an event specified in the rules.
22
Nature Repair Market Committee
means the committee
23
established by section 194.
24
Nature Repair Market Committee member
means a member of the
25
Nature Repair Market Committee, and includes the Chair of the
26
Nature Repair Market Committee.
27
non-corporate government body
means:
28
(a) a body politic; or
29
(b) a local governing body that is not a corporation.
30
Part 1
Preliminary
Section 7
14
Nature Repair Market Bill 2023
No. , 2023
paid work
means work for financial gain or reward (whether as an
1
employee, a self-employed person or otherwise).
2
permanence period
of a registered biodiversity project means the
3
permanence period that:
4
(a) is identified in the notice of approval of registration under
5
paragraph 15(7)(d), subject to any variation under rules made
6
for the purposes of paragraph 20(1)(d); and
7
(b) complies with section 34.
8
prescribed
law
, when used in a provision of this Act, means a law
9
prescribed by the rules for the purposes of that provision.
10
project
includes a set of activities.
11
project area
, in relation to:
12
(a) a biodiversity project; or
13
(b) a registered project under a related scheme;
14
means the area, or areas, on or in which the project has been, is
15
being, or is to be carried out.
16
project plan
, in relation to a biodiversity project, means a plan that:
17
(a) sets out how the project is intended to be carried out; and
18
(b) sets out how the project is intended to achieve the
19
biodiversity outcome for the project; and
20
(c) is consistent with the methodology determination that covers,
21
or is proposed to cover, the project; and
22
(d) includes such information (if any) as is specified in the rules
23
or the methodology determination that covers, or is proposed
24
to cover, the project; and
25
(e) complies with such requirements (if any) as are specified in
26
the rules or the methodology determination that covers, or is
27
proposed to cover, the project.
28
project proponent
, in relation to a registered biodiversity project,
29
means:
30
(a) the eligible person who is recorded in the Register as the
31
project proponent for the project; or
32
Preliminary
Part 1
Section 7
No. , 2023
Nature Repair Market Bill 2023
15
(b) each of the eligible persons who are recorded in the Register
1
as a project proponent for the project.
2
Note:
For projects with multiple project proponents, see Part 3.
3
protected audit information
has the meaning given by section 125.
4
Register
means the Biodiversity Market Register kept by the
5
Regulator under subsection 161(1).
6
registered biodiversity project
means a biodiversity project that is
7
registered on the Register (other than a former registered
8
biodiversity project in relation to which information is set out in
9
the Register under rules made for the purposes of
10
subsection 162(5)).
11
registered greenhouse and energy auditor
has the same meaning
12
as in the
National Greenhouse and Energy Reporting Act 2007
.
13
registered indigenous land use agreement
means an indigenous
14
land use agreement the details of which are entered on the Register
15
of Indigenous Land Use Agreements.
16
registered native title body corporate
has the same meaning as in
17
the
Native Title Act 1993
.
18
registered project under a related scheme
means a project that is:
19
(a) declared as an eligible offsets project under the
Carbon
20
Credits (Carbon Farming Initiative) Act 2011
;
or
21
(b) registered (however described) under a prescribed law of the
22
Commonwealth, a State or a Territory.
23
Register of Indigenous Land Use Agreements
has the same
24
meaning as in the
Native Title Act 1993
.
25
Regulator
means the Clean Energy Regulator.
26
Note:
The Clean Energy Regulator is established by the
Clean Energy
27
Regulator Act 2011
.
28
regulatory approval
, in relation to a biodiversity project, means an
29
approval, licence or permit (however described) that:
30
(a) relates to the project or to an element of the project; and
31
Part 1
Preliminary
Section 7
16
Nature Repair Market Bill 2023
No. , 2023
(b) is required under a law of the Commonwealth (other than this
1
Act), a State or a Territory that relates to:
2
(i) land use or development; or
3
(ii) the environment; or
4
(iii) water.
5
Regulatory Powers Act
means the
Regulatory Powers (Standard
6
Provisions) Act 2014
.
7
relevant land registration official
:
8
(a) in relation to a biodiversity project that:
9
(i) is or was a registered biodiversity project; and
10
(ii) is wholly or partly situated in a State or Territory;
11
means the Registrar of Titles or other proper officer of the
12
State or Territory in which the project area is wholly or partly
13
situated; or
14
(b) in relation to an area that is or was a biodiversity
15
maintenance area--means the Registrar of Titles or other
16
proper officer of the State or Territory in which the area is
17
wholly or partly situated.
18
relinquishment equivalence requirements
: see subsection 151(2).
19
relinquishment notice
means a notice given by the Regulator
20
under any of the following provisions:
21
(a) subsection 144(2) (false or misleading information);
22
(b) subsection 146(2) (reversal of biodiversity outcome other
23
than due to natural disturbance or conduct etc.);
24
(c) subsection 147(2) (reversal of biodiversity outcome due to
25
natural disturbance or conduct and no mitigation happens);
26
(d) subsection 147A(2) (circumstances prescribed by the rules).
27
reviewable decision
has the meaning given by section 212.
28
rules
means rules made under section 237.
29
Secretary
means the Secretary of the Department.
30
statutory authority
of the Commonwealth, a State or a Territory,
31
means an authority or body (including a corporation sole)
32
Preliminary
Part 1
Section 7
No. , 2023
Nature Repair Market Bill 2023
17
established by or under a law of the Commonwealth, the State or
1
the Territory (other than a general law allowing incorporation as a
2
company or body corporate), but does not include:
3
(a) an Aboriginal Land Trust established under the
Aboriginal
4
Land Rights (Northern Territory) Act 1976
; or
5
(b) the Wreck Bay Aboriginal Community Council established
6
by the
Aboriginal Land Grant (Jervis Bay Territory) Act
7
1986
; or
8
(c) a corporation registered under the
Corporations (Aboriginal
9
and Torres Strait Islander) Act 2006
; or
10
(d) an authority or body that is:
11
(i) established by or under a law of the Commonwealth, a
12
State or a Territory; and
13
(ii) specified in the rules.
14
this Act
(except in sections 1, 2, 45 and 237) includes the following
15
provisions:
16
(a) the provisions of a legislative instrument made under this
17
Act;
18
(b) sections 134.1, 134.2, 135.1, 135.2, 135.4, 136.1, 137.1 and
19
137.2 of the
Criminal Code
, in so far as those sections relate
20
to:
21
(i) this Act; or
22
(ii) a legislative instrument made under this Act.
23
Torrens system land
: land is
Torrens system land
if the title to the
24
land is registered under a Torrens system of registration.
25
Torres Strait Islander
has the same meaning as in the
Aboriginal
26
and Torres Strait Islander Act 2005
.
27
type A permanence period
: see section 34.
28
type B permanence period
: see section 34.
29
type C permanence period
: see section 34.
30
vacancy
, in relation to the office of a Nature Repair Market
31
Committee member, has a meaning affected by section 8.
32
Part 1
Preliminary
Section 8
18
Nature Repair Market Bill 2023
No. , 2023
8 Vacancy in the office of a Nature Repair Market Committee
1
member
2
For the purposes of a reference in:
3
(a) this Act to a
vacancy
in the office of a Nature Repair Market
4
Committee member; or
5
(b) the
Acts Interpretation Act 1901
to a
vacancy
in the
6
membership of a body;
7
there are taken to be 4 offices of Nature Repair Market Committee
8
member in addition to the Chair of the Committee.
9
9 Electronic notice transmitted to the Regulator
10
(1) For the purposes of this Act, a notice is an
electronic notice
11
transmitted to the Regulator
if, and only if:
12
(a) the notice is transmitted to the Regulator by means of an
13
electronic communication; and
14
(b) if the Regulator requires that the notice be transmitted, in
15
accordance with particular information technology
16
requirements, by means of a particular kind of electronic
17
communication--the Regulator's requirement has been met;
18
and
19
(c) the notice complies with rules made for the purposes of
20
subsection (2).
21
(2) The rules may make provision for or in relation to the security and
22
authenticity of notices transmitted to the Regulator by means of an
23
electronic communication.
24
(3) Rules made for the purposes of subsection (2) may deal with:
25
(a) encryption; and
26
(b) authentication of identity.
27
(4) Subsection (3) does not limit subsection (2).
28
(5) This section does not, by implication, limit the regulations that may
29
be made under the
Electronic Transactions Act 1999
.
30
Registered biodiversity projects
Part 2
Introduction
Division 1
Section 10
No. , 2023
Nature Repair Market Bill 2023
19
Part 2--Registered biodiversity projects
1
Division 1--Introduction
2
10 Simplified outline of this Part
3
The Regulator may, if certain criteria are satisfied, register a
4
biodiversity project on application by an eligible person who is to
5
be the project proponent, or one of the project proponents, of the
6
project.
7
Division 3 provides for the registration of a registered biodiversity
8
project to be varied.
9
Division 4 provides for the registration of a registered biodiversity
10
project to be cancelled, either:
11
(a)
voluntarily, with different procedures applying
12
depending on whether a biodiversity certificate has been
13
issued; or
14
(b)
unilaterally by the Regulator, if the project or the project
15
proponent does not satisfy certain conditions and
16
requirements.
17
Division 5 provides for the rules to prescribe certain kinds of
18
biodiversity projects as excluded biodiversity projects, which may
19
not be registered.
20
Division 6 provides for the duration of a permanence period for a
21
registered biodiversity project.
22
Part 2
Registered biodiversity projects
Division 2
Registration of biodiversity project
Section 11
20
Nature Repair Market Bill 2023
No. , 2023
Division 2--Registration of biodiversity project
1
11 Application for approval of registration of biodiversity project
2
(1) An eligible person may apply to the Regulator for the Regulator to
3
approve the registration of a biodiversity project on the Register.
4
Note 1:
The applicant will be registered as the project proponent, or one of the
5
project proponents, for the project.
6
Note 2:
The Regulator has a function of providing advice and assistance in
7
relation to the making of applications: see section 219.
8
(2) However, applications under subsection (1) may be made only on
9
or after a day determined by the Minister by legislative instrument.
10
12 Form of application
11
(1) An application must:
12
(a) be in writing; and
13
(b) be in a form approved, in writing, by the Regulator.
14
(2) An application must:
15
(a) specify the proposed project area; and
16
(b) if the project is to have more than one project proponent--
17
specify the eligible persons who are proposed to be the
18
project proponents along with the applicant; and
19
(c) specify the methodology determination (the
applicable
20
methodology determination
) that is proposed to cover the
21
project; and
22
(d) specify the proposed activity period (if any), which must be
23
worked out in accordance with the applicable methodology
24
determination; and
25
(e) specify the proposed permanence period, which, subject to
26
subsection 34(2), must be:
27
(i) a type A permanence period; or
28
(ii) a type B permanence period; or
29
(iii) a type C permanence period; and
30
Registered biodiversity projects
Part 2
Registration of biodiversity project
Division 2
Section 12
No. , 2023
Nature Repair Market Bill 2023
21
(f) include such other information as is specified in the rules;
1
and
2
(g) include such other information as is specified in the
3
applicable methodology determination.
4
(3) An application must be accompanied by:
5
(a) if the rules or the applicable methodology determination
6
provides that this paragraph applies to the proposed project--
7
an audit report that is:
8
(i) prescribed by the rules or the applicable methodology
9
determination (as the case requires); and
10
(ii) prepared by a registered greenhouse and energy auditor
11
who has been appointed as an audit team leader for the
12
purpose; and
13
(b) if there are to be project proponents other than the
14
applicant--evidence that each other project proponent
15
consents to being a project proponent for the project; and
16
(c) if a registered indigenous land use agreement is relevant to
17
the Regulator's decision on the application--a copy of
18
relevant parts of the agreement; and
19
(d) if the applicable methodology determination provides that
20
there must be a project plan for a project covered by the
21
methodology determination--a project plan for the project;
22
and
23
(e) such other documents (if any) as are specified in the rules;
24
and
25
(f) such other documents (if any) as are specified in the
26
applicable methodology determination; and
27
(g) the fee (if any) specified in the rules.
28
(4) The approved form of application may provide for verification by
29
statutory declaration of statements in applications.
30
(5) A fee specified under paragraph (3)(g) must not be such as to
31
amount to taxation.
32
Registered native title body corporate
33
(6) If:
34
Part 2
Registered biodiversity projects
Division 2
Registration of biodiversity project
Section 13
22
Nature Repair Market Bill 2023
No. , 2023
(a) the applicant is a native title holder for an exclusive
1
possession native title area; and
2
(b) the proposed project area consists of, or includes, the
3
exclusive possession native title area; and
4
(c) there is a registered native title body corporate for the
5
exclusive possession native title area; and
6
(d) the applicant is not the registered native title body corporate;
7
the application must specify the registered native title body
8
corporate as an eligible person who is proposed to be a project
9
proponent along with the applicant.
10
(7) However, subsection (6) does not apply if the registered native title
11
body corporate declares, by written notice given to the applicant,
12
that the registered native title body corporate does not consent to
13
being specified as a project proponent along with the applicant.
14
(8) Subsection (6) does not prevent a person (other than the registered
15
native title body corporate) from being specified as an eligible
16
person who is proposed to be a project proponent along with the
17
applicant.
18
13 Further information
19
(1) The Regulator may, by written notice given to an applicant, require
20
the applicant to give the Regulator, within the period specified in
21
the notice, further information in connection with the application.
22
(2) If the applicant breaches the requirement, the Regulator may, by
23
written notice given to the applicant:
24
(a) refuse to consider the application; or
25
(b) refuse to take any action, or any further action, in relation to
26
the application.
27
14 Withdrawal of application
28
(1) An applicant may withdraw the application at any time before the
29
Regulator makes a decision on the application.
30
(2) If the applicant does so, this Act does not prevent the applicant
31
from making a fresh application.
32
Registered biodiversity projects
Part 2
Registration of biodiversity project
Division 2
Section 15
No. , 2023
Nature Repair Market Bill 2023
23
(3) If:
1
(a) the applicant withdraws the application; and
2
(b) the applicant has paid a fee in relation to the application;
3
the Regulator must, on behalf of the Commonwealth, refund the
4
application fee.
5
15 Approval of registration of biodiversity project
6
Scope
7
(1) This section applies if an application under section 11 has been
8
made for the Regulator to approve the registration of a biodiversity
9
project.
10
Approval
11
(2) After considering the application, the Regulator may decide to:
12
(a) approve the registration of the biodiversity project, and
13
register the project on the Register; or
14
(b) refuse to approve the registration of the biodiversity project.
15
Note:
For review of decisions, see Part 20.
16
(3) The Regulator must give written notice of a decision under
17
subsection (2) to:
18
(a) the applicant; and
19
(b) if:
20
(i) the decision is a decision to approve the registration of
21
the biodiversity project; and
22
(ii) there is a relevant land registration official in relation to
23
the biodiversity project;
24
the relevant land registration official.
25
Criteria for approval
26
(4) The Regulator must not approve the registration of the biodiversity
27
project unless the Regulator is satisfied that:
28
(a) the project is being, or is to be, carried on in Australia; and
29
Part 2
Registered biodiversity projects
Division 2
Registration of biodiversity project
Section 15
24
Nature Repair Market Bill 2023
No. , 2023
(b) the project is of a kind specified, for the purposes of
1
paragraph 45(1)(a), in the methodology determination (the
2
applicable methodology determination
) that is specified in
3
the application under paragraph 12(2)(c); and
4
(c) the activity period (if any) for the project has been worked
5
out in accordance with the applicable methodology
6
determination; and
7
(d) the permanence period for the project complies with
8
section 34; and
9
(e) the project meets any conditions set out in the applicable
10
methodology determination under paragraph 45(1)(b); and
11
(f) if the applicable methodology determination requires that
12
there must be a project plan for the project:
13
(i) there is a project plan for the project; and
14
(ii) implementation of the project plan is likely to result in a
15
biodiversity certificate being issued in respect of the
16
project; and
17
(g) if the applicable methodology determination does not require
18
that there must be a project plan for the project--carrying out
19
the project is likely to result in a biodiversity certificate being
20
issued in respect of the project; and
21
(h) the applicant is to be registered as the project proponent, or
22
one of the project proponents, for the project; and
23
(i) the proposed project proponent, or each of the proposed
24
project proponents, is an eligible person; and
25
(j) the proposed project proponent, or each of the proposed
26
project proponents, is a fit and proper person; and
27
(k) the project area meets the requirements set out in
28
subsection (5); and
29
(l) the project area does not consist of, or include, a biodiversity
30
maintenance area or part of a biodiversity maintenance area;
31
and
32
(m) the requirements set out in subsection (6) have been met in
33
relation to the project; and
34
(n) the project meets the eligibility requirements (if any)
35
specified in the rules; and
36
(o) the project is not an excluded biodiversity project.
37
Registered biodiversity projects
Part 2
Registration of biodiversity project
Division 2
Section 15
No. , 2023
Nature Repair Market Bill 2023
25
Note 1:
Methodology determinations are made under section 45.
1
Note 2:
For
excluded biodiversity project
, see section 33.
2
Note 3:
For
fit and proper person
, see sections 97, 98, 99 and 99A.
3
(5) The requirements mentioned in paragraph (4)(k) are:
4
(a) the project area is, or is a combination of:
5
(i) Torrens system land; or
6
(ii) Crown land; or
7
(iii) Australian waters; and
8
(b) the project area is not specified in the rules.
9
(6) The requirements mentioned in paragraph (4)(m) are:
10
(a) if the project area consists of, or includes, Torrens system
11
land:
12
(i) the proposed project proponent, or a proposed project
13
proponent, holds an estate in fee simple in the Torrens
14
system land that is covered by subsection 89(2); or
15
(ii) the proposed project proponent, or a proposed project
16
proponent, holds a legal estate or interest (other than an
17
estate in fee simple) in the Torrens system land that is
18
covered by subsection 89(2) and that is prescribed by
19
the rules; or
20
(iii) the proposed project proponent, or a proposed project
21
proponent, holds a lease of the Torrens system land and
22
the terms of the lease are consistent with the project
23
being carried out on the land; or
24
(iv) a person who holds an estate in fee simple in the
25
Torrens system land that is covered by subsection 89(2)
26
has consented to the carrying out of the project on the
27
land as a registered biodiversity project by the proposed
28
project proponent or proposed project proponents; or
29
(v) a person who holds a legal estate or interest (other than
30
an estate in fee simple) in the Torrens system land that
31
is covered by subsection 89(2) and that is prescribed by
32
the rules has consented to the carrying out of the project
33
on the land as a registered biodiversity project by the
34
proposed project proponent or proposed project
35
proponents; and
36
Part 2
Registered biodiversity projects
Division 2
Registration of biodiversity project
Section 15
26
Nature Repair Market Bill 2023
No. , 2023
(b) if:
1
(i) the project area is, or includes, a native title area; and
2
(ii) there is a registered native title body corporate for the
3
native title area;
4
then:
5
(iii) the proposed project proponent, or a proposed project
6
proponent, is the registered native title body corporate;
7
or
8
(iv) the registered native title body corporate has consented
9
to the carrying out of the project on or in the native title
10
area as a registered biodiversity project by the proposed
11
project proponent or proposed project proponents; or
12
(v) the registered native title body corporate has consented
13
to the registration of the project.
14
Matters to be included in notice
15
(7) If the Regulator approves the registration of the biodiversity
16
project, the notice must:
17
(a) set out, in accordance with the rules, the project area; and
18
(b) set out the project proponent or project proponents for the
19
project; and
20
(c) set out the applicable methodology determination; and
21
(d) set out the activity period (if any) and the permanence period
22
for the project; and
23
(e) if the registration is subject to a condition under section 17,
24
18 or 18A--set out the condition; and
25
(f) set out such attributes of the project as are specified in the
26
rules; and
27
(g) set out such other matters (if any) as are specified in the
28
rules.
29
Timing
30
(8) The Regulator must take all reasonable steps to ensure that a
31
decision is made on the application:
32
(a) if the Regulator requires the applicant to give further
33
information under subsection 13(1) in relation to the
34
Registered biodiversity projects
Part 2
Registration of biodiversity project
Division 2
Section 16
No. , 2023
Nature Repair Market Bill 2023
27
application--within 90 days after the applicant gave the
1
Regulator the information; or
2
(b) otherwise--within 90 days after the application was made.
3
When approval takes effect
4
(9) If the Regulator approves the registration of the biodiversity
5
project, the approval takes effect on the day after the notice of
6
approval is given to the applicant.
7
16 Suspension of processing of applications for registrations of
8
biodiversity projects
9
Order
10
(1) The Minister may, by legislative instrument, order that, if:
11
(a) an application is made under section 11 during a specified
12
period; and
13
(b) the application relates to a biodiversity project that is
14
proposed to be covered by a methodology determination
15
specified in the order;
16
the Regulator must not:
17
(c) consider the application during that period; or
18
(d) make a decision on the application during that period.
19
(2) A period specified in an order under subsection (1):
20
(a) must start at the commencement of the order; and
21
(b) must not be longer than 12 months.
22
(3) The Minister may make an order under subsection (1) that relates
23
to a particular methodology determination only if the Nature
24
Repair Market Committee has advised the Minister that the
25
Committee is satisfied that there is reasonable evidence that the
26
methodology determination does not comply with one or more of
27
the biodiversity integrity standards.
28
(4) The Nature Repair Market Committee may give the Minister
29
advice for the purposes of subsection (3):
30
(a) on the Committee's own initiative; or
31
Part 2
Registered biodiversity projects
Division 2
Registration of biodiversity project
Section 17
28
Nature Repair Market Bill 2023
No. , 2023
(b) on request by the Minister.
1
(5) If the Nature Repair Market Committee gives the Minister advice
2
for the purposes of subsection (3), the Department must publish the
3
advice on the Department's website (whether or not the Minister
4
follows the advice).
5
(6) To avoid doubt, Subdivisions D (advice about making, varying or
6
revoking methodology determinations) and E (consultation by the
7
Nature Repair Market Committee) of Division 2 of Part 4 do not
8
apply to advice given by the Committee under subsection (4) of
9
this section.
10
Compliance with order
11
(7) The Regulator must comply with an order under subsection (1).
12
Timing of decision on application
13
(8) If an application made under section 11 is or was covered by an
14
order under subsection (1) of this section, subsection 15(8) (timing
15
of decision on application) does not apply to the application.
16
17 Registration may be subject to condition about obtaining
17
regulatory approvals
18
Scope
19
(1) This section applies if:
20
(a) an application under section 11 has been made for the
21
Regulator to approve the registration of a biodiversity
22
project; and
23
(b) the Regulator decides to approve the registration of the
24
biodiversity project under section 15; and
25
(c) the Regulator is not satisfied that all regulatory approvals
26
have been obtained for the project.
27
Condition
28
(2) The Regulator must set out in the notice under subsection 15(3)
29
that the registration is subject to the condition that a biodiversity
30
Registered biodiversity projects
Part 2
Registration of biodiversity project
Division 2
Section 18
No. , 2023
Nature Repair Market Bill 2023
29
certificate is not to be issued in respect of the project until all
1
regulatory approvals are obtained for the project.
2
18 Registration may be subject to condition about obtaining
3
consents from eligible interest holders
4
Scope
5
(1) This section applies if:
6
(a) an application under section 11 has been made for the
7
Regulator to approve the registration of a biodiversity
8
project; and
9
(b) the Regulator decides under section 15 to approve the
10
registration of the biodiversity project; and
11
(c) the Regulator is satisfied that there are one or more persons
12
(the
relevant interest-holders
) who:
13
(i) hold an eligible interest in the project area, or any part
14
of the project area, for the project; and
15
(ii) have not consented, in writing, to the making of the
16
application.
17
Condition
18
(2) The Regulator must set out in the notice under subsection 15(3)
19
that the registration is subject to the condition that a biodiversity
20
certificate is not to be issued in respect of the project until the
21
written consent of each relevant interest-holder to the registration
22
is obtained.
23
Consents
24
(3) A consent mentioned in subparagraph (1)(c)(ii) or subsection (2)
25
must be in a form approved, in writing, by the Regulator.
26
(4) A consent mentioned in subparagraph (1)(c)(ii) or subsection (2)
27
may be set out in a registered indigenous land use agreement.
28
(5) Subsection (3) does not apply to a consent mentioned in
29
subparagraph (1)(c)(ii) or subsection (2) if the consent is set out in
30
a registered indigenous land use agreement.
31
Part 2
Registered biodiversity projects
Division 2
Registration of biodiversity project
Section 18A
30
Nature Repair Market Bill 2023
No. , 2023
18A Registration may be subject to condition about obtaining
1
consent from registered native title body corporate
2
Scope
3
(1) This section applies if:
4
(a) an application under section 11 has been made for the
5
Regulator to approve the registration of a biodiversity
6
project; and
7
(b) the Regulator decides under section 15 to approve the
8
registration of the biodiversity project; and
9
(c) the Regulator is satisfied that:
10
(i) the project area for the biodiversity project is or
11
includes a native title area; and
12
(ii) there is a registered native title body corporate for the
13
native title area; and
14
(iii) the registered native title body corporate has consented
15
to the registration of the biodiversity project; and
16
(iv) the registered native title body corporate has not
17
consented, in writing, to the carrying out of the project
18
on or in the native title area as a registered biodiversity
19
project by the project proponent.
20
Condition
21
(2) The Regulator must set out in the notice under subsection 15(3)
22
that the registration is subject to the condition that a biodiversity
23
certificate is not to be issued in respect of the project until the
24
written consent of the registered native title body corporate is
25
obtained to the carrying out of the project on or in the native title
26
area as a registered biodiversity project by the project proponent.
27
Consents
28
(3) A consent mentioned in subparagraph (1)(c)(iv) or subsection (2)
29
must be in a form approved, in writing, by the Regulator.
30
(4) A consent mentioned in subparagraph (1)(c)(iv) or subsection (2)
31
may be set out in a registered indigenous land use agreement.
32
Registered biodiversity projects
Part 2
Registration of biodiversity project
Division 2
Section 18A
No. , 2023
Nature Repair Market Bill 2023
31
(5) Subsection (3) does not apply to a consent mentioned in
1
subparagraph (1)(c)(iv) or subsection (2) if the consent is set out in
2
a registered indigenous land use agreement.
3
Part 2
Registered biodiversity projects
Division 3
Variation of registration
Section 19
32
Nature Repair Market Bill 2023
No. , 2023
Division 3--Variation of registration
1
19 Voluntary variation of registration of biodiversity project--
2
change in identity of project proponent
3
(1) The rules may make provision for and in relation to empowering
4
the Regulator to vary the registration of a registered biodiversity
5
project to:
6
(a) add an eligible person as a project proponent of the project;
7
or
8
(b) remove a project proponent from the project (so long as this
9
would not result in there not being any project proponents for
10
the project).
11
Note 1:
See also section 22 (procedures for voluntary variation of registration
12
of biodiversity project).
13
Note 2:
For review of decisions, see Part 20.
14
(2) Rules made for the purposes of subsection (1) must not empower
15
the Regulator to vary a registration unless:
16
(a) the project proponent for the project applies to the Regulator
17
for the variation; and
18
(b) any eligible person that is to be added as a project proponent
19
for the project consents, in writing, to the variation; and
20
(c) the Regulator is satisfied that any eligible person that is to be
21
added as a project proponent for the project is a fit and proper
22
person; and
23
(d) if a biodiversity certificate is in effect in relation to the
24
project, and the project proponent for the project is not the
25
holder of the certificate--the holder of the certificate has
26
been notified of the proposed variation, and has been given
27
the opportunity to make submissions in relation to the
28
proposed variation.
29
Note:
For
fit and proper person
, see sections 97, 98, 99 and 99A.
30
(3) Rules made for the purposes of subsection (1) may empower the
31
Regulator to require the Commonwealth to be given security in
32
relation to the fulfilment of any requirements to relinquish
33
Registered biodiversity projects
Part 2
Variation of registration
Division 3
Section 20
No. , 2023
Nature Repair Market Bill 2023
33
biodiversity certificates that may be imposed under Part 13 in
1
relation to the project (whether or not the circumstances that may
2
result in a relinquishment notice being given exist at the time the
3
variation is made).
4
(4) Rules made for the purposes of subsection (1) may empower the
5
Regulator to refuse an application to remove a project proponent
6
from a registered biodiversity project unless the Regulator is
7
satisfied that the remaining project proponents would have the
8
capability and resources to carry out the project.
9
20 Voluntary variation of registration of biodiversity project--
10
changes in project area etc.
11
(1) The rules may make provision for and in relation to empowering
12
the Regulator to vary the registration of a registered biodiversity
13
project in respect of any of the following:
14
(a) the project area;
15
(b) the methodology determination that covers the project;
16
(c) the project's activity period (if any);
17
(d) the project's permanence period.
18
Note 1:
See also section 22 (procedures for voluntary variation of registration
19
of biodiversity project).
20
Note 2:
See also section 34 (permanence period).
21
Note 3:
For review of decisions, see Part 20.
22
(2) The methodology determination that is to cover a registered
23
biodiversity project as a result of a variation under rules made for
24
the purposes of paragraph (1)(b) of this section:
25
(a) must be in force at the time the variation of the project's
26
registration takes effect; and
27
(b) applies to the project subject to any variations under
28
section 48 that take effect before the variation of the project's
29
registration takes effect.
30
This subsection has effect despite rules made for the purposes of
31
subsection 49(2), (3) or (4) (when variation of a methodology
32
determination takes effect) and rules made for the purposes of
33
Part 2
Registered biodiversity projects
Division 3
Variation of registration
Section 21
34
Nature Repair Market Bill 2023
No. , 2023
section 52 (consequences of methodology determination ceasing to
1
have effect).
2
(3) Rules made for the purposes of subsection (1) must not empower
3
the Regulator to vary a registration unless:
4
(a) the project proponent for the project applies to the Regulator
5
for the variation; and
6
(b) if a biodiversity certificate is in effect for the project, and the
7
project proponent is not the holder of the certificate--either:
8
(i) the holder of the certificate has consented, in writing, to
9
the variation; or
10
(ii) the Regulator is satisfied that the variation would not
11
result in a material change to the certificate.
12
21 Voluntary variation of conditional registration of biodiversity
13
project--condition of registration has been met
14
(1) The rules may make provision for and in relation to empowering
15
the Regulator to vary the registration of a registered biodiversity
16
project to remove any of the following conditions to which the
17
registration is subject:
18
(a) a condition mentioned in subsection 17(2) (conditions about
19
obtaining regulatory approvals);
20
(b) a condition mentioned in subsection 18(2) (conditions about
21
obtaining consents from eligible interest holders);
22
(c) a condition mentioned in subsection 18A(2) (condition about
23
obtaining consent from registered native title body
24
corporate).
25
Note 1:
See also section 22 (procedures for voluntary variation of registration
26
of biodiversity project).
27
Note 2:
For review of decisions, see Part 20.
28
(2) Rules made for the purposes of subsection (1) must not empower
29
the Regulator to vary a registration unless:
30
(a) the project proponent for the project applies to the Regulator
31
for the variation; and
32
(b) the Regulator is satisfied that the condition has been met.
33
Registered biodiversity projects
Part 2
Variation of registration
Division 3
Section 22
No. , 2023
Nature Repair Market Bill 2023
35
22 Procedures for voluntary variation of registration of biodiversity
1
project
2
(1) Rules made for the purposes of subsection 19(1), 20(1) or 21(1)
3
may make provision for or in relation to any or all of the following
4
matters:
5
(a) applications for variations under those rules;
6
(b) the approval by the Regulator of a form for such an
7
application;
8
(c) information that must accompany such an application;
9
(d) documents that must accompany such an application;
10
(e) verification by statutory declaration of statements in such an
11
application;
12
(f) consents that must be obtained for the making of such an
13
application;
14
(g) authorising a person to issue a certificate to certify a matter in
15
relation to such an application;
16
(h) the fee (if any) that must accompany such an application;
17
(i) the withdrawal of such an application;
18
(j) empowering the Regulator:
19
(i) to require an applicant to give the Regulator further
20
information in connection with such an application; and
21
(ii) if the applicant breaches the requirement--to refuse to
22
consider the application, or to refuse to take any action,
23
or any further action, in relation to the application;
24
(k) varying a biodiversity certificate issued in respect of a
25
registered biodiversity project (including such a certificate
26
that is held by a person other than the project proponent for
27
the project).
28
(2) Subsection (1) does not limit subsection 19(1), 20(1) or 21(1).
29
(3) A fee mentioned in paragraph (1)(h) must not be such as to amount
30
to taxation.
31
(4) Rules made for the purposes of subsection 19(1), 20(1) or 21(1)
32
must provide that, if the registration of a registered biodiversity
33
Part 2
Registered biodiversity projects
Division 3
Variation of registration
Section 22
36
Nature Repair Market Bill 2023
No. , 2023
project is varied in accordance with those rules, the Regulator must
1
give a copy of the variation to:
2
(a) the applicant for the variation; and
3
(b) if there is a relevant land registration official in relation to the
4
project--the relevant land registration official; and
5
(c) if:
6
(i) a biodiversity certificate has been issued in respect of
7
the registered biodiversity project; and
8
(ii) the biodiversity certificate is held by a person other than
9
the project proponent;
10
the holder of the biodiversity certificate.
11
(5) Rules made for the purposes of subsection 19(1), 20(1) or 21(1)
12
must provide that, if the Regulator decides to refuse to vary the
13
registration of a registered biodiversity project in accordance with
14
an application for variation under those rules, the Regulator must
15
give written notice of the decision to the applicant for the variation.
16
Registered biodiversity projects
Part 2
Cancellation of registration of biodiversity project
Division 4
Section 23
No. , 2023
Nature Repair Market Bill 2023
37
Division 4--Cancellation of registration of biodiversity
1
project
2
Subdivision A--Voluntary cancellation of registration of
3
biodiversity project
4
23 Voluntary cancellation of registration of biodiversity project--
5
certificate in effect
6
(1) The rules may make provision for and in relation to empowering
7
the Regulator to cancel the registration of a registered biodiversity
8
project.
9
Note:
For review of decisions, see Part 20.
10
(2) Rules made for the purposes of subsection (1) must not empower
11
the Regulator to cancel a registration unless:
12
(a) a biodiversity certificate (the
original certificate
) has been
13
issued in respect of the registered biodiversity project
14
(whether or not the original certificate remains in effect); and
15
(b) the project proponent for the project applies to the Regulator
16
for the cancellation of the registration; and
17
(c) the original certificate is relinquished in accordance with
18
section 152 in relation to the project, as mentioned in
19
paragraph 152(2)(c).
20
(3) Rules made for the purposes of subsection (1) may make provision
21
for or in relation to any of the following matters:
22
(a) applications for cancellation under those rules;
23
(b) the approval by the Regulator of a form for such an
24
application;
25
(c) other conditions that must be satisfied for the Regulator to
26
cancel the registration in accordance with those rules.
27
(4) Subsection (3) does not limit subsection (1).
28
Part 2
Registered biodiversity projects
Division 4
Cancellation of registration of biodiversity project
Section 24
38
Nature Repair Market Bill 2023
No. , 2023
24 Voluntary cancellation of registration of biodiversity project--no
1
certificate in effect
2
(1) The rules may make provision for and in relation to empowering
3
the Regulator to cancel the registration of a registered biodiversity
4
project.
5
Note:
For review of decisions, see Part 20.
6
(2) Rules made for the purposes of subsection (1) must not empower
7
the Regulator to cancel a registration unless:
8
(a) no biodiversity certificate has been issued in relation to the
9
registered biodiversity project; and
10
(b) the project proponent for the project applies to the Regulator
11
for the cancellation of the registration.
12
(3) Rules made for the purposes of subsection (1) may make provision
13
for or in relation to either or both of the following matters:
14
(a) applications for cancellation under those rules;
15
(b) the approval by the Regulator of a form for such an
16
application.
17
(4) Subsection (3) does not limit subsection (1).
18
25 Procedures for voluntary cancellation of registration of
19
biodiversity project
20
(1) Rules made for the purposes of subsection 23(1) or 24(1) may
21
make provision for or in relation to any or all of the following
22
matters:
23
(a) applications for cancellation under those rules;
24
(b) the approval by the Regulator of a form for such an
25
application;
26
(c) information that must accompany such an application;
27
(d) documents that must accompany such an application;
28
(e) verification by statutory declaration of statements in such an
29
application;
30
(f) consents that must be obtained for the making of such an
31
application;
32
Registered biodiversity projects
Part 2
Cancellation of registration of biodiversity project
Division 4
Section 25
No. , 2023
Nature Repair Market Bill 2023
39
(g) authorising a person to issue a certificate to certify a matter in
1
relation to such an application;
2
(h) the fee (if any) that must accompany such an application;
3
(i) the withdrawal of such an application;
4
(j) empowering the Regulator:
5
(i) to require an applicant to give the Regulator further
6
information in connection with such an application; and
7
(ii) if the applicant breaches the requirement--to refuse to
8
consider the application, or to refuse to take any action,
9
or any further action, in relation to the application.
10
(2) Subsection (1) does not limit subsection 23(1) or 24(1).
11
(3) A fee mentioned in paragraph (1)(h) must not be such as to amount
12
to taxation.
13
(4) Rules made for the purposes of subsection 23(1) or 24(1):
14
(a) must provide that, if the registration of a registered
15
biodiversity project is cancelled in accordance with those
16
rules, the Regulator must give notice of the cancellation to:
17
(i) the applicant for the cancellation; and
18
(ii) if there is a relevant land registration official in relation
19
to the project--the relevant land registration official;
20
and
21
(iii) in a case where the registration was cancelled under
22
rules made for the purposes of subsection 23(1), and the
23
biodiversity certificate mentioned in paragraph 23(2)(a)
24
is held by a person other than the applicant--the holder
25
of the certificate; and
26
(b) may require the Regulator to give notice of the cancellation
27
to other people.
28
(5) Rules made for the purposes of subsection 23(1) or 24(1) must
29
provide that, if the Regulator decides to refuse to cancel the
30
registration of a registered biodiversity project in accordance with
31
an application for cancellation under those rules, the Regulator
32
must give written notice of the decision to the applicant for the
33
cancellation.
34
Part 2
Registered biodiversity projects
Division 4
Cancellation of registration of biodiversity project
Section 26
40
Nature Repair Market Bill 2023
No. , 2023
Subdivision B--Unilateral cancellation of registration of
1
biodiversity project
2
26 Unilateral cancellation of registration of biodiversity project--
3
condition of registration has not been met
4
(1) The rules may make provision for and in relation to empowering
5
the Regulator to cancel the registration of a registered biodiversity
6
project.
7
Note:
For review of decisions, see Part 20.
8
(2) Rules made for the purposes of subsection (1) must not empower
9
the Regulator to cancel a registration unless:
10
(a) the registration is subject to a condition mentioned in
11
subsection 17(2), 18(2) or 18A(2); and
12
(b) the Regulator is satisfied that the condition has not been met;
13
and
14
(c) at least 5 years have passed since the project was first
15
registered.
16
(3) Rules made for the purposes of subsection (1) must require the
17
Regulator to consult the project proponent for the project before
18
deciding to cancel the registration.
19
27 Unilateral cancellation of registration of biodiversity project--
20
project not commenced, or unlikely to result in issuing of
21
biodiversity certificate
22
(1) The rules may make provision for and in relation to empowering
23
the Regulator to cancel the registration of a registered biodiversity
24
project.
25
Note:
For review of decisions, see Part 20.
26
(2) Rules made for the purposes of subsection (1) must not empower
27
the Regulator to cancel a registration unless:
28
(a) a certificate has not yet been issued in respect of the
29
registered biodiversity project; and
30
(b) any of the following subparagraphs applies:
31
Registered biodiversity projects
Part 2
Cancellation of registration of biodiversity project
Division 4
Section 28
No. , 2023
Nature Repair Market Bill 2023
41
(i) 5 years have passed since the project was first
1
registered, and the Regulator is not satisfied that the
2
project has begun to be carried out;
3
(ii) the Regulator is satisfied that the project is not being
4
carried out;
5
(iii) the Regulator is satisfied that the project is unlikely to
6
be carried out in a way that would result in a
7
biodiversity certificate being issued in respect of the
8
project.
9
(3) Rules made for the purposes of subsection (1) must require the
10
Regulator to consult the project proponent for the project before
11
deciding to cancel the registration.
12
28 Unilateral cancellation of registration of biodiversity project--
13
eligibility requirements not met etc.
14
(1) The rules may make provision for and in relation to empowering
15
the Regulator to cancel the registration of a registered biodiversity
16
project.
17
Note:
For review of decisions, see Part 20.
18
(2) Rules made for the purposes of subsection (1) must not empower
19
the Regulator to cancel a registration unless the Regulator is
20
satisfied that the project does not meet a requirement that is:
21
(a) set out in subsection 15(4); and
22
(b) specified in rules made for the purposes of this paragraph.
23
(3) Rules made for the purposes of subsection (1) must require the
24
Regulator to consult the project proponent for the project before
25
deciding to cancel the registration.
26
29 Unilateral cancellation of registration of biodiversity project--
27
project proponent ceases to be a fit and proper person
28
(1) The rules may make provision for and in relation to empowering
29
the Regulator to cancel the registration of a registered biodiversity
30
project.
31
Note:
For review of decisions, see Part 20.
32
Part 2
Registered biodiversity projects
Division 4
Cancellation of registration of biodiversity project
Section 30
42
Nature Repair Market Bill 2023
No. , 2023
(2) Rules made for the purposes of subsection (1) must not empower
1
the Regulator to cancel a registration unless:
2
(a) the Regulator is satisfied that either:
3
(i) if there is one project proponent for the project--the
4
project proponent for the project is not a fit and proper
5
person; or
6
(ii) if there are multiple project proponents for the project--
7
any of those project proponents is not a fit and proper
8
person; and
9
(b) 90 days pass after the Regulator becomes so satisfied, and, at
10
the end of that 90-day period, the Regulator is not satisfied
11
that each project proponent for the project is a fit and proper
12
person.
13
Note:
For
fit and proper person
, see sections 97, 98, 99 and 99A.
14
(3) Rules made for the purposes of subsection (1) must require the
15
Regulator to consult the project proponent for the project before
16
deciding to cancel the registration.
17
30 Unilateral cancellation of registration of biodiversity project--
18
project proponent ceases to exist etc.
19
(1) The rules may make provision for and in relation to empowering
20
the Regulator to cancel the registration of a registered biodiversity
21
project.
22
Note:
For review of decisions, see Part 20.
23
(2) Rules made for the purposes of subsection (1) must not empower
24
the Regulator to cancel a registration unless:
25
(a) the Regulator is satisfied that any of the following
26
circumstances exist:
27
(i) the project proponent has died or ceased to exist, and
28
there are no other project proponents for the project;
29
(ii) the project is not being carried out (except to the extent
30
that this is in accordance with the methodology
31
determination that covers the project); and
32
Registered biodiversity projects
Part 2
Cancellation of registration of biodiversity project
Division 4
Section 31
No. , 2023
Nature Repair Market Bill 2023
43
(b) 90 days pass after the circumstances began to exist, and the
1
Regulator is not satisfied, at the end of that 90-day period,
2
that the circumstances have ceased to exist.
3
(3) Rules made for the purposes of subsection (1) must require the
4
Regulator, in a case where there is a project proponent for the
5
project, to make reasonable efforts to consult the project proponent
6
for the project before deciding to cancel the registration.
7
31 Unilateral cancellation of registration of biodiversity project--
8
false or misleading information
9
(1) The rules may make provision for and in relation to empowering
10
the Regulator to cancel the registration of a registered biodiversity
11
project.
12
Note:
For review of decisions, see Part 20.
13
(2) Rules made for the purposes of subsection (1) must not empower
14
the Regulator to cancel a registration unless:
15
(a) information was given by a person to the Regulator in
16
connection with the project; and
17
(b) the information was:
18
(i) contained in an application under this Act; or
19
(ii) given in connection with an application under this Act;
20
or
21
(iii) contained in a biodiversity project report; or
22
(iv) contained in a notification under Division 3 of Part 9;
23
and
24
(c) the Regulator is satisfied that the information was false or
25
misleading in a material particular.
26
(3) Rules made for the purposes of subsection (1) must require the
27
Regulator to consult the project proponent for the project before
28
deciding to cancel the registration.
29
Part 2
Registered biodiversity projects
Division 4
Cancellation of registration of biodiversity project
Section 32
44
Nature Repair Market Bill 2023
No. , 2023
32 Notice of unilateral cancellation of registration of biodiversity
1
project
2
Rules made for the purposes of subsection 26(1), 27(1), 28(1),
3
29(1), 30(1) or 31(1):
4
(a) must provide that, if the registration of a registered
5
biodiversity project is cancelled in accordance with those
6
rules, the Regulator must give notice of the cancellation to:
7
(i) if there is a relevant land registration official in relation
8
to the project--the relevant land registration official;
9
and
10
(ii) if a biodiversity certificate is in effect in relation to the
11
project, and is held by a person other than the project
12
proponent--the holder of the certificate; and
13
(b) may require the Regulator to give notice of the cancellation
14
to other people.
15
Subdivision C--Cancellation of registration of biodiversity
16
project at the end of the permanence period for the
17
project
18
32A Cancellation of registration of biodiversity project at the end of
19
the permanence period for the project
20
The registration of a registered biodiversity project is cancelled at
21
the end of the permanence period for the project.
22
Note:
See also section 34 (permanence period).
23
Registered biodiversity projects
Part 2
Excluded biodiversity projects
Division 5
Section 33
No. , 2023
Nature Repair Market Bill 2023
45
Division 5--Excluded biodiversity projects
1
33 Excluded biodiversity projects
2
(1) For the purposes of this Act, a biodiversity project is an
excluded
3
biodiversity project
if it is a project of a kind specified in the rules.
4
(2) In deciding whether to make rules for the purposes of
5
subsection (1) specifying a particular kind of project, the Minister
6
must have regard to whether there is a material risk that that kind
7
of project will have a material adverse impact on one or more of
8
the following:
9
(a) the availability of water;
10
(b) biodiversity (other than the kinds of biodiversity to be
11
addressed by the project);
12
(c) employment;
13
(d) the local community;
14
(e) if there is a local community of Aboriginal persons, or Torres
15
Strait Islanders, who have a connection to the project area--
16
that community;
17
(f) land access for agricultural production;
18
(g) the environment.
19
Part 2
Registered biodiversity projects
Division 6
Permanence period
Section 34
46
Nature Repair Market Bill 2023
No. , 2023
Division 6--Permanence period
1
34 Permanence period
2
(1) Subject to subsection (2), the permanence period of a registered
3
biodiversity project must be:
4
(a) a type A permanence period; or
5
(b) a type B permanence period; or
6
(c) a type C permanence period.
7
Note:
The permanence period of a registered biodiversity project may be
8
varied under rules made for the purposes of subsection 20(1).
9
(2) A methodology determination that covers a particular kind of
10
registered biodiversity project may provide that the permanence
11
period for biodiversity projects of that kind must be a type C
12
permanence period.
13
Type A permanence period
14
(3) The type A permanence period for a registered biodiversity project:
15
(a) begins when the approval of the registration of the project
16
takes effect; and
17
(b) ends at the end of the 25-year period that began when the
18
approval of the registration of the project takes effect.
19
Type B permanence period
20
(4) The type B permanence period for a registered biodiversity project:
21
(a) begins when the approval of the registration of the project
22
takes effect; and
23
(b) ends at the end of the 100-year period that began when the
24
approval of the registration of the project takes effect.
25
Type C permanence period
26
(5) The type C permanence period for the registered biodiversity
27
project:
28
Registered biodiversity projects
Part 2
Permanence period
Division 6
Section 34
No. , 2023
Nature Repair Market Bill 2023
47
(a) begins when the approval of the registration of the project
1
takes effect; and
2
(b) ends at the end of the period ascertained in accordance with
3
the methodology determination that covers the project.
4
Extension of permanence period
5
(6) The Regulator may extend the permanence period for a registered
6
biodiversity project if the Regulator is satisfied that:
7
(a) there has been a significant reversal of the biodiversity
8
outcome to which the project relates; and
9
(b) the extension is necessary to:
10
(i) restore the biodiversity outcome; or
11
(ii) mitigate the reversal.
12
Note:
For review of decisions, see Part 20.
13
(7) The Regulator may extend the permanence period for a registered
14
biodiversity project if:
15
(a) the project proponent for the project requests the extension;
16
and
17
(b) the Regulator is satisfied that:
18
(i) the biodiversity outcome to which the project relates has
19
not been achieved; and
20
(ii) the extension is necessary for the biodiversity outcome
21
to be achieved.
22
Note:
For review of decisions, see Part 20.
23
Request for extension of permanence period
24
(8) A request under paragraph (7)(a) must:
25
(a) be in writing; and
26
(b) be in a form approved, in writing, by the Regulator.
27
(9) The Regulator must take all reasonable steps to ensure that a
28
decision is made on the request within 30 days after the request
29
was made.
30
Part 2
Registered biodiversity projects
Division 6
Permanence period
Section 34
48
Nature Repair Market Bill 2023
No. , 2023
Notification of extension of permanence period
1
(10) If the Regulator extends the permanence period for a registered
2
biodiversity project, the Regulator must take all reasonable steps to
3
ensure that notice of the extension is given to:
4
(a) the project proponent for the project; and
5
(b) if a biodiversity certificate relating to the project is held by a
6
person other than the project proponent for the project--the
7
holder of the certificate; and
8
(c) if there is a relevant land registration official in relation to the
9
project--the relevant land registration official; and
10
(d) if:
11
(i) the project area is or includes a native title area; and
12
(ii) there is a registered native title body corporate for the
13
native title area; and
14
(iii) the registered native title body corporate is not the
15
project proponent for the project;
16
the registered native title body corporate; and
17
(e) any other person specified in the rules.
18
Notification of end of permanence period
19
(11) If:
20
(a) there is a relevant land registration official in relation to a
21
registered biodiversity project; and
22
(b) the permanence period for the project ends;
23
the Regulator must notify the relevant land registration official of
24
the end of the permanence period.
25
Variation of biodiversity certificate
26
(12) If:
27
(a) the Regulator extends the permanence period for a registered
28
biodiversity project; and
29
(b) a biodiversity certificate has been issued in respect of the
30
project; and
31
(c) the permanence period is set out in the biodiversity
32
certificate;
33
Registered biodiversity projects
Part 2
Permanence period
Division 6
Section 34
No. , 2023
Nature Repair Market Bill 2023
49
the Regulator must vary the biodiversity certificate to set out the
1
permanence period as extended.
2
Part 3
Multiple project proponents
Division 1
Introduction
Section 35
50
Nature Repair Market Bill 2023
No. , 2023
Part 3--Multiple project proponents
1
Division 1--Introduction
2
35 Simplified outline of this Part
3
If there are multiple project proponents for a registered biodiversity
4
project, a reference in this Act to the project proponent is to be read
5
as a reference to each of the project proponents.
6
Multiple project proponents for a registered biodiversity project
7
may nominate a nominee for the purposes of:
8
(a)
the service of documents; and
9
(b)
the taking of eligible voluntary actions (for example, the
10
making of an application).
11
If they do not do so, the Regulator may cancel the project's
12
registration.
13
If there are multiple project proponents for a registered biodiversity
14
project, obligations are imposed on each of the proponents, but
15
may be discharged by any of the proponents.
16
Multiple project proponents
Part 3
References to project proponents
Division 2
Section 36
No. , 2023
Nature Repair Market Bill 2023
51
Division 2--References to project proponents
1
36 References to project proponents
2
If there are 2 or more eligible persons (the
multiple project
3
proponents
) who are registered as the project proponents for a
4
registered biodiversity project, then:
5
(a) for the purposes of this Act, each of the multiple project
6
proponents is a project proponent for the registered
7
biodiversity project; and
8
(b) a reference in:
9
(i) this Act; or
10
(ii) an instrument under this Act;
11
to the project proponent for the registered biodiversity project
12
is to be read as a reference to each of the multiple project
13
proponents.
14
Part 3
Multiple project proponents
Division 3
Nominee of multiple project proponents
Section 37
52
Nature Repair Market Bill 2023
No. , 2023
Division 3--Nominee of multiple project proponents
1
37 Nomination of nominee by multiple project proponents--
2
nomination accompanying application
3
Scope
4
(1) This section applies to:
5
(a) an application under section 11 for the Regulator to approve
6
the registration of a biodiversity project if the application
7
specifies 2 or more eligible persons who are to be project
8
proponents for the biodiversity project; or
9
(b) an application under rules made for the purposes of
10
section 19 (change in identity of project proponent) that
11
would, if granted, result in there being multiple project
12
proponents for a registered biodiversity project (whether or
13
not there would otherwise be multiple project proponents).
14
Nomination
15
(2) The application must be accompanied by a notice, made jointly in
16
writing by all of the eligible persons who would, if the application
17
were granted, be project proponents for the biodiversity project,
18
nominating one of those eligible persons as the
nominee
in relation
19
to the biodiversity project.
20
(3) The joint written notice must be in a form approved, in writing, by
21
the Regulator.
22
(4) If the Regulator grants the application, the nomination takes effect:
23
(a) if paragraph (1)(a) applies--at the time the biodiversity
24
project is registered as a registered biodiversity project; or
25
(b) if paragraph (1)(b) applies--at the time the variation under
26
rules made for the purposes of section 19 takes effect.
27
(5) If the application is not granted, the nomination does not take
28
effect.
29
Multiple project proponents
Part 3
Nominee of multiple project proponents
Division 3
Section 38
No. , 2023
Nature Repair Market Bill 2023
53
38 Nomination of nominee by multiple project proponents--other
1
nominations
2
Scope
3
(1) This section applies to a registered biodiversity project that has
4
multiple project proponents.
5
Nomination
6
(2) The project proponents may give the Regulator a notice, made
7
jointly in writing by all of the project proponents, nominating one
8
of the project proponents as the
nominee
in relation to the
9
registered biodiversity project.
10
Note:
If a registered biodiversity project that has multiple project proponents
11
ceases to have a nominee, and no new nominee is nominated, the
12
Regulator may cancel the project's registration from 90 days after the
13
cessation (see rules made for the purposes of section 42).
14
(3) The joint written notice must be in a form approved, in writing, by
15
the Regulator.
16
(4) The nomination takes effect at the time it is given to the Regulator.
17
(5) If a nomination under subsection (2) takes effect in relation to a
18
particular registered biodiversity project, any other nomination
19
under this Part that was in force in relation to that registered
20
biodiversity project ceases to be in force.
21
39 Revocation and cessation of nomination
22
(1) If:
23
(a) a nomination under subsection 37(2) or 38(2) is in force in
24
relation to a registered biodiversity project; and
25
(b) one of the project proponents for the registered biodiversity
26
project, by written notice given to the Regulator, revokes the
27
nomination;
28
the nomination ceases to be in force.
29
(2) If:
30
Part 3
Multiple project proponents
Division 3
Nominee of multiple project proponents
Section 40
54
Nature Repair Market Bill 2023
No. , 2023
(a) a nomination under subsection 37(2) or 38(2) is in force in
1
relation to a registered biodiversity project; and
2
(b) the nominee ceases to be one of the project proponents for
3
the registered biodiversity project;
4
the nomination ceases to be in force.
5
Note:
If a registered biodiversity project that has multiple project proponents
6
ceases to have a nominee, and no new nominee is nominated, the
7
Regulator may cancel the project's registration from 90 days after the
8
cessation (see rules made for the purposes of section 42).
9
40 Service of documents on nominee
10
Scope
11
(1) This section applies if there are 2 or more project proponents (the
12
multiple project proponents
) for a registered biodiversity project.
13
Service of documents
14
(2) For the purposes of this Act, if:
15
(a) the multiple project proponents have nominated a nominee
16
under subsection 37(2) or 38(2) in relation to the project; and
17
(b) the nomination is in force; and
18
(c) a document relating to the registered biodiversity project is
19
required or permitted by this Act to be given to the project
20
proponent; and
21
(d) the document is given to the nominee;
22
the document is taken to have been given to each of the multiple
23
project proponents.
24
41 Eligible voluntary action taken by nominee
25
Scope
26
(1) This section applies if there are 2 or more project proponents (the
27
multiple project proponents
) for a registered biodiversity project.
28
Eligible voluntary action to be taken by nominee
29
(2) If:
30
Multiple project proponents
Part 3
Nominee of multiple project proponents
Division 3
Section 42
No. , 2023
Nature Repair Market Bill 2023
55
(a) the multiple project proponents have nominated a nominee
1
under subsection 37(2) or 38(2) in relation to the project; and
2
(b) the nomination is in force; and
3
(c) the nominee takes an eligible voluntary action; and
4
(d) the application, nomination, request or notice to which the
5
eligible voluntary action relates is expressed to be made,
6
withdrawn or given, as the case may be, on behalf of the
7
multiple project proponents;
8
this Act has effect as if:
9
(e) the application, nomination, request or notice to which the
10
eligible voluntary action relates were made, withdrawn or
11
given, as the case may be, by the multiple project proponents
12
jointly; and
13
(f) if the eligible voluntary action is the making of an
14
application--a reference in this Act to the applicant were a
15
reference to each of the multiple project proponents.
16
(3) The multiple project proponents are not entitled to take an eligible
17
voluntary action except in accordance with subsection (2).
18
42 Unilateral cancellation of registration of biodiversity project--
19
failure of multiple project proponents to nominate a
20
nominee
21
(1) The rules may make provision for and in relation to empowering
22
the Regulator to cancel the registration of a registered biodiversity
23
project.
24
Note:
For review of decisions, see Part 20.
25
(2) Rules made for the purposes of subsection (1) must not empower
26
the Regulator to cancel a registration unless:
27
(a) there are 2 or more project proponents (the
multiple project
28
proponents
) for the registered biodiversity project; and
29
(b) the multiple project proponents have nominated an eligible
30
person under subsection 37(2) or 38(2); and
31
(c) the nomination ceases to be in force; and
32
(d) 90 days pass, and no new nomination under subsection 37(2)
33
or 38(2) is made by the multiple project proponents.
34
Part 3
Multiple project proponents
Division 3
Nominee of multiple project proponents
Section 42
56
Nature Repair Market Bill 2023
No. , 2023
(3) Rules made for the purposes of subsection (1) must require the
1
Regulator to consult the multiple project proponents before
2
deciding to cancel the registration.
3
(4) Rules made for the purposes of subsection (1):
4
(a) must provide that, if the registration of a registered
5
biodiversity project is cancelled in accordance with those
6
rules, the Regulator must give notice of the cancellation to:
7
(i) if there is a relevant land registration official in relation
8
to the project--the relevant land registration official;
9
and
10
(ii) if a biodiversity certificate is in effect in relation to the
11
project, and is held by a person other than the project
12
proponent--the holder of the certificate; and
13
(b) may require the Regulator to give notice of the cancellation
14
to other people.
15
Multiple project proponents
Part 3
Obligations of multiple project proponents
Division 4
Section 43
No. , 2023
Nature Repair Market Bill 2023
57
Division 4--Obligations of multiple project proponents
1
43 Obligations of multiple project proponents
2
Scope
3
(1) This section applies if:
4
(a) there are 2 or more project proponents (the
multiple project
5
proponents
) for a registered biodiversity project; and
6
(b) any of the following:
7
(i) this Act;
8
(ii) an instrument made under this Act;
9
imposes an obligation on the project proponent for the
10
project.
11
Obligations of project proponent
12
(2) The obligation is imposed on each of the multiple project
13
proponents, but may be discharged by any of the multiple project
14
proponents.
15
(3) The rules may exempt a specified obligation from the scope of
16
subsection (2).
17
Part 4
Methodology determinations
Division 1
Introduction
Section 44
58
Nature Repair Market Bill 2023
No. , 2023
Part 4--Methodology determinations
1
Division 1--Introduction
2
44 Simplified outline of this Part
3
Methodology determinations are legislative instruments, made by
4
the Minister, that set out how a registered biodiversity project is to
5
be carried out, and other matters. Each registered biodiversity
6
project must be covered by a methodology determination.
7
Methodology determinations may include requirements that a
8
project proponent must comply with. If a biodiversity certificate
9
has been issued in respect of a project, there is a civil penalty for
10
failing to comply with a requirement in the methodology
11
determination that covers the project.
12
In making or varying a methodology determination, the Minister
13
must have regard to:
14
(a)
the biodiversity integrity standards; and
15
(b)
advice given by the Nature Repair Market Committee.
16
The Minister may also have regard to adverse environmental and
17
other impacts, and any other matters the Minister considers
18
relevant.
19
The Minister may make a biodiversity assessment instrument that
20
prescribes requirements to be complied with by methodology
21
determinations.
22
Methodology determinations
Part 4
Methodology determinations
Division 2
Section 45
No. , 2023
Nature Repair Market Bill 2023
59
Division 2--Methodology determinations
1
Subdivision A--Making of methodology determinations
2
45 Methodology determinations
3
(1) The Minister may, by legislative instrument, make a determination
4
that:
5
(a) is expressed to cover a specified kind of biodiversity project;
6
and
7
(b) sets out conditions that must be met for such a project to be
8
registered as a registered biodiversity project; and
9
(c) provides, for the purposes of paragraph 162(1)(k), for
10
information that is to be included in the entry in the Register
11
for such a project; and
12
(d) sets out:
13
(i) for the purposes of paragraph 67(2)(b), conditions that
14
must be met for an application to be made for a
15
biodiversity certificate to be issued in respect of such a
16
project; and
17
(ii) for the purposes of paragraph 67(2)(c), a method of
18
working out the time after which such applications may
19
be made; and
20
(e) sets out, for the purposes of paragraph 70(2)(h), conditions
21
that must be met for a biodiversity certificate to be issued in
22
respect of such a project; and
23
(f) requires, for the purposes of paragraph 108(1)(b), the project
24
proponent for such a project to notify the Regulator of
25
specified matters relating to the project; and
26
(g) provides, for the purposes of paragraphs 164(1)(d) and (2)(d),
27
for information that is to be included in the entry in the
28
Register for a biodiversity certificate issued in relation to
29
such a project; and
30
(h) sets out the activities that are to be carried out for the
31
purposes of such a project; and
32
(i) provides for the activity period (if any) of such a project to be
33
worked out.
34
Part 4
Methodology determinations
Division 2
Methodology determinations
Section 45
60
Nature Repair Market Bill 2023
No. , 2023
(2) A determination made under subsection (1) is a
methodology
1
determination
.
2
Note:
For the duration of a methodology determination, see section 50.
3
(3) A methodology determination may impose any of the following on
4
the project proponent of a registered biodiversity project that is
5
covered by the methodology determination:
6
(a) specified requirements to carry out activities in the project
7
area for the purposes of the project;
8
(b) specified requirements to ensure that specified activities are
9
not carried out, by the project proponent or any other person,
10
in the project area;
11
(c) specified requirements to include information relating to the
12
project in each biodiversity project report about the project;
13
(d) specified requirements to notify one or more matters relating
14
to the project to the Regulator;
15
(e) specified record-keeping requirements relating to the project;
16
(f) specified requirements to monitor the project.
17
Note:
See section 46 (civil penalties--requirements in methodology
18
determination).
19
(4) A methodology determination may exempt traditional Indigenous
20
activities from a requirement imposed under paragraph (3)(b).
21
(5) Conditions set out under paragraph (1)(b), (d) or (e) must include:
22
(a) in a case where the methodology determination covers a kind
23
of biodiversity project that involves enhancement of
24
biodiversity--conditions relating to the measurement or
25
assessment of the enhancement of biodiversity; and
26
(b) in a case where the methodology determination covers a kind
27
of biodiversity project that involves protection of
28
biodiversity--conditions relating to the measurement or
29
assessment of the protection of biodiversity.
30
(6) Requirements imposed under paragraph (1)(f) or (3)(c), (d) or (f)
31
must include:
32
(a) in a case where the methodology determination covers a kind
33
of biodiversity project that involves enhancement of
34
Methodology determinations
Part 4
Methodology determinations
Division 2
Section 45
No. , 2023
Nature Repair Market Bill 2023
61
biodiversity--requirements relating to the measurement or
1
assessment of the enhancement of biodiversity; and
2
(b) in a case where the methodology determination covers a kind
3
of biodiversity project that involves protection of
4
biodiversity--requirements relating to the measurement or
5
assessment of the protection of biodiversity.
6
(7) A methodology determination may require that:
7
(a) there must be a project plan for a registered biodiversity
8
project that is covered by the methodology determination;
9
and
10
(b) the project plan must remain in force until the time
11
ascertained in accordance with the methodology
12
determination.
13
(8) A methodology determination may prescribe matters required or
14
permitted by this Act to be prescribed by a methodology
15
determination.
16
(9) Without limiting subsection 33(3A) of the
Acts Interpretation Act
17
1901
, a methodology determination may make different provision
18
in relation to different kinds of biodiversity projects covered by the
19
determination.
20
Note:
For example, a methodology determination may set out requirements
21
under paragraph (1)(b) that differ depending on which region the
22
project area of a biodiversity project is in.
23
(10) Despite subsection 14(2) of the
Legislation Act 2003
, a
24
methodology determination may make provision in relation to a
25
matter by applying, adopting or incorporating, with or without
26
modification, any matter contained in an instrument or other
27
writing as in force or existing from time to time.
28
(11) A methodology determination may make provision in relation to a
29
matter by conferring a power to make a decision of an
30
administrative character on the Regulator.
31
Note:
For review of decisions, see Part 20.
32
Part 4
Methodology determinations
Division 2
Methodology determinations
Section 46
62
Nature Repair Market Bill 2023
No. , 2023
Biodiversity assessment instruments
1
(12) The Minister must not make a methodology determination unless
2
there is a biodiversity assessment instrument that applies to the
3
determination.
4
(13) A methodology determination must comply with any requirements
5
prescribed by a biodiversity assessment instrument that applies to
6
the determination.
7
46 Civil penalties--requirements in methodology determination
8
(1) An eligible person is liable to a civil penalty if:
9
(a) the eligible person is a project proponent of a registered
10
biodiversity project; and
11
(b) a biodiversity certificate has been issued in respect of the
12
project (whether or not the certificate remains in force); and
13
(c) the methodology determination that covers the project
14
imposes a requirement on the project proponent of the project
15
for the purposes of paragraphs 45(3)(a) and (b); and
16
(d) the eligible person, or any other project proponent for the
17
project, fails to comply with the requirement.
18
Civil penalty:
2,000 penalty units.
19
(2) An eligible person is liable to a civil penalty if:
20
(a) the eligible person is a project proponent of a registered
21
biodiversity project; and
22
(b) a biodiversity certificate has been issued in respect of the
23
project (whether or not the certificate remains in force); and
24
(c) the methodology determination that covers the project
25
requires, for the purposes of paragraph 45(3)(b), the project
26
proponent for the project to ensure that an activity is not
27
carried out in the project area; and
28
(d) the activity is carried out in the project area (by the project
29
proponent or any other person).
30
Civil penalty:
2,000 penalty units.
31
Methodology determinations
Part 4
Methodology determinations
Division 2
Section 47
No. , 2023
Nature Repair Market Bill 2023
63
(3) Subsection (2) does not apply if the eligible person takes all
1
reasonable steps to ensure that the activity is not carried out in the
2
project area.
3
Note:
A person who wishes to rely on subsection (3) in proceedings for a
4
civil penalty order bears an evidential burden in relation to the matter
5
in that subsection: see section 96 of the Regulatory Powers Act.
6
47 Procedure for making a methodology determination
7
(1) In deciding whether to make a methodology determination, the
8
Minister:
9
(a) must have regard to the following:
10
(i) whether the determination complies with the
11
biodiversity integrity standards;
12
(ii) any advice that the Nature Repair Market Committee
13
has given to the Minister under subsection 54(2) in
14
relation to the making of the determination; and
15
(b) may have regard to the following:
16
(i) whether significant adverse environmental, agricultural,
17
economic, cultural or social impacts are likely to arise
18
from the carrying out of the kind of project that the
19
determination covers;
20
(ii) such other matters (if any) as the Minister considers
21
relevant.
22
Advice given by the Nature Repair Market Committee
23
(2) Before making a methodology determination, the Minister must
24
request the Nature Repair Market Committee to advise the Minister
25
about whether the Minister should make the determination.
26
Note:
The Nature Repair Market Committee must have regard to certain
27
matters in giving advice to the Minister (see section 54).
28
(3) The Minister must not make a methodology determination unless:
29
(a) the Nature Repair Market Committee has given the Minister
30
advice under subsection 54(2) in relation to the making of the
31
determination; and
32
Part 4
Methodology determinations
Division 2
Methodology determinations
Section 47
64
Nature Repair Market Bill 2023
No. , 2023
(b) that advice includes a statement to the effect that the
1
Committee is satisfied that the determination complies with
2
the biodiversity integrity standards.
3
(4) If the Minister decides:
4
(a) to make a methodology determination; or
5
(b) not to make a methodology determination;
6
the Minister must:
7
(c) cause a copy of any advice given by the Nature Repair
8
Market Committee under subsection 54(2) in relation to the
9
determination to be published on the Department's website;
10
and
11
(d) do so as soon as practicable after making the decision.
12
Biodiversity integrity standards
13
(5) The Minister must not make a methodology determination unless
14
the Minister is satisfied that the methodology determination
15
complies with the biodiversity integrity standards.
16
Statement of reasons
17
(6) If the Minister decides to make a methodology determination, the
18
Minister must:
19
(a) prepare a written statement of reasons for the decision; and
20
(b) do so as soon as practicable after making the decision.
21
(7) If the Minister prepares a statement of reasons under
22
subsection (6), the Minister must:
23
(a) cause a copy of the statement of reasons to be published on
24
the Department's website; and
25
(b) do so as soon as practicable after the statement of reasons is
26
prepared.
27
Variation and amendment etc. of methodology determination
28
(8) Subsection 33(3) of the
Acts Interpretation Act 1901
does not
29
apply to a methodology determination.
30
Note:
For variation and revocation of a methodology determination, see
31
Subdivisions B and C of this Division.
32
Methodology determinations
Part 4
Methodology determinations
Division 2
Section 48
No. , 2023
Nature Repair Market Bill 2023
65
Subdivision B--Variation of methodology determinations
1
48 Variation of methodology determinations
2
(1) The Minister may, by legislative instrument, vary a methodology
3
determination.
4
(2) In deciding whether to vary a methodology determination, the
5
Minister:
6
(a) must have regard to the following:
7
(i) whether the varied determination complies with the
8
biodiversity integrity standards;
9
(ii) any advice that the Nature Repair Market Committee
10
has given to the Minister under subsection 54(2) in
11
relation to the varying of the determination; and
12
(b) may have regard to the following:
13
(i) whether significant adverse environmental, agricultural,
14
economic, cultural or social impacts are likely to arise
15
from the carrying out of the kind of project that the
16
varied determination covers;
17
(ii) such other matters (if any) as the Minister considers
18
relevant.
19
Advice given by the Nature Repair Market Committee
20
(3) Before varying a methodology determination, the Minister must
21
request the Nature Repair Market Committee to advise the Minister
22
about whether the Minister should vary the determination.
23
Note 1:
The Nature Repair Market Committee must have regard to certain
24
matters in giving advice to the Minister (see section 54).
25
Note 2:
For variations of a minor nature, see subsection (9) of this section.
26
(4) The Minister must not vary a methodology determination unless:
27
(a) the Nature Repair Market Committee has given the Minister
28
advice under subsection 54(2) in relation to the variation of
29
the determination; and
30
(b) that advice includes a statement to the effect that the
31
Committee is satisfied that the varied determination complies
32
with the biodiversity integrity standards.
33
Part 4
Methodology determinations
Division 2
Methodology determinations
Section 49
66
Nature Repair Market Bill 2023
No. , 2023
(5) If the Minister decides:
1
(a) to vary a methodology determination; or
2
(b) not to vary a methodology determination;
3
the Minister must:
4
(c) cause a copy of any advice given by the Nature Repair
5
Market Committee under subsection 54(2) in relation to the
6
variation of the determination to be published on the
7
Department's website; and
8
(d) do so as soon as practicable after making the decision.
9
Biodiversity integrity standards
10
(6) The Minister must not vary a methodology determination unless
11
the Minister is satisfied that the varied methodology determination
12
complies with the biodiversity integrity standards.
13
Statement of reasons
14
(7) If the Minister decides to vary a methodology determination, the
15
Minister must:
16
(a) prepare a written statement of reasons for the decision; and
17
(b) do so as soon as practicable after making the decision.
18
(8) If the Minister prepares a statement of reasons under
19
subsection (7), the Minister must:
20
(a) cause a copy of the statement of reasons to be published on
21
the Department's website; and
22
(b) do so as soon as practicable after the statement of reasons is
23
prepared.
24
Variations of a minor nature
25
(9) Subsections (3), (4), (5) and (7) do not apply in relation to a
26
variation if the variation is of a minor nature.
27
49 When variation takes effect
28
(1) A variation of a methodology determination takes effect:
29
Methodology determinations
Part 4
Methodology determinations
Division 2
Section 49
No. , 2023
Nature Repair Market Bill 2023
67
(a) on the day after the instrument varying the methodology
1
determination is registered on the Federal Register of
2
Legislation; or
3
(b) if a later day is specified in the instrument--on that later day.
4
Consequences of variation on existing registered biodiversity
5
projects
6
(2) The rules may provide that if:
7
(a) a methodology determination covers a registered biodiversity
8
project; and
9
(b) the methodology determination is varied; and
10
(c) the project's registration is in effect at the time the variation
11
takes effect; and
12
(d) the conditions specified in the rules are satisfied;
13
the variation of the methodology determination applies to the
14
registered biodiversity project.
15
(3) The rules may provide that if:
16
(a) a methodology determination covers a registered biodiversity
17
project; and
18
(b) the methodology determination is varied; and
19
(c) the project's registration is in effect at the time the variation
20
takes effect; and
21
(d) the conditions specified in the rules are satisfied;
22
the variation of the methodology determination does not apply to
23
the registered biodiversity project.
24
Note:
However, a variation of a methodology determination will apply to an
25
existing registered biodiversity project if the project's registration is
26
varied under rules made for the purposes of section 20 to change the
27
methodology determination that covers the project.
28
(4) The rules may empower the Regulator to determine, on application
29
by the project proponent for a registered biodiversity project, that
30
if:
31
(a) a methodology determination covers the registered
32
biodiversity project; and
33
(b) the methodology determination is varied; and
34
Part 4
Methodology determinations
Division 2
Methodology determinations
Section 49
68
Nature Repair Market Bill 2023
No. , 2023
(c) the project's registration is in effect at the time the variation
1
takes effect; and
2
(d) the conditions specified in the rules are satisfied;
3
the variation of the methodology determination does not apply to
4
the registered biodiversity project.
5
Note:
However, a variation of a methodology determination will apply to an
6
existing registered biodiversity project if the project's registration is
7
varied under rules made for the purposes of section 20 to change the
8
methodology determination that covers the project.
9
(5) The rules may make provision for and in relation to any of the
10
following matters in relation to an application under rules made for
11
the purposes of subsection (4):
12
(a) the approval by the Regulator of a form for such an
13
application;
14
(b) information that must accompany such an application;
15
(c) documents that must accompany such an application;
16
(d) verification by statutory declaration of statements in such an
17
application;
18
(e) the fee (if any) that must accompany such an application;
19
(f) the withdrawal of such an application;
20
(g) empowering the Regulator:
21
(i) to require an applicant to give the Regulator further
22
information in connection with such an application; and
23
(ii) if the applicant breaches the requirements--to refuse to
24
consider the application, or to refuse to take any action,
25
or any further action, in relation to the application.
26
(6) A fee mentioned in paragraph (5)(e) must not be such as to amount
27
to taxation.
28
Effect of variation on application for approval of registration
29
(7) If:
30
(a) a variation of a methodology determination takes effect; and
31
(b) at the time the variation takes effect, an application under
32
section 11 for the Regulator to approve the registration of a
33
biodiversity project has been made, and the Regulator has not
34
decided to:
35
Methodology determinations
Part 4
Methodology determinations
Division 2
Section 50
No. , 2023
Nature Repair Market Bill 2023
69
(i) approve the registration; or
1
(ii) refuse to approve the registration; and
2
(c) the application proposes that the project is to be covered by
3
the methodology determination;
4
then:
5
(d) the methodology determination as varied applies to the
6
application; and
7
(e) if the biodiversity project is registered, the project is covered
8
by the methodology determination as varied.
9
(8) The rules may provide for any of the following:
10
(a) the Regulator to notify an eligible person that an application
11
made by the eligible person under this Act is affected by a
12
variation of a methodology determination, as mentioned in
13
subsection (7);
14
(b) the Regulator to give the eligible person an opportunity to
15
withdraw or vary the application before the Regulator
16
considers the application.
17
Refund of fee
18
(9) If:
19
(a) an application is withdrawn under rules made for the
20
purposes of subsection (5) or (8); and
21
(b) the applicant has paid a fee in relation to the application;
22
the Regulator must, on behalf of the Commonwealth, refund the
23
application fee.
24
Subdivision C--Duration, expiry and revocation of
25
methodology determinations
26
50 Duration of methodology determinations
27
(1) A methodology determination:
28
(a) comes into force:
29
(i) the day after it is registered on the Federal Register of
30
Legislation; or
31
Part 4
Methodology determinations
Division 2
Methodology determinations
Section 51
70
Nature Repair Market Bill 2023
No. , 2023
(ii) if a later time is specified in the determination--at that
1
later time; and
2
(b) unless sooner:
3
(i) revoked; or
4
(ii) repealed by section 42 (disallowance) of the
Legislation
5
Act 2003
; or
6
(iii) repealed by Part 4 of Chapter 3 (sunsetting) of the
7
Legislation Act 2003
;
8
remains in force until:
9
(iv) if a period is specified in relation to the determination in
10
a legislative instrument made by the Minister for the
11
purposes of this subparagraph--the end of that period;
12
or
13
(v) if subparagraph (iv) does not apply, but a period is
14
specified in the determination--the end of that period.
15
(2) If a methodology determination ceases to be in force, this Act does
16
not prevent the Minister from making a fresh methodology
17
determination in the same terms as the determination that has
18
ceased to be in force.
19
Note:
A fresh methodology determination must comply with the relevant
20
provisions of this Division.
21
51 Revocation of methodology determinations
22
(1) The Minister may, by legislative instrument, revoke a methodology
23
determination.
24
(2) Before revoking a methodology determination, the Minister must
25
request the Nature Repair Market Committee to advise the Minister
26
about whether the Minister should revoke the determination.
27
Note:
The Nature Repair Market Committee must have regard to certain
28
matters in giving advice to the Minister (see section 54).
29
(3) In deciding whether to revoke a methodology determination, the
30
Minister:
31
(a) must have regard to the following:
32
(i) whether the determination complies with the
33
biodiversity integrity standards;
34
Methodology determinations
Part 4
Methodology determinations
Division 2
Section 52
No. , 2023
Nature Repair Market Bill 2023
71
(ii) the advice given by the Nature Repair Market
1
Committee under subsection 54(2); and
2
(b) may have regard to such other matters (if any) as the Minister
3
considers relevant.
4
(4) If the Minister decides:
5
(a) to revoke a methodology determination; or
6
(b) not to revoke a methodology determination;
7
the Minister must, as soon as practicable after making the decision,
8
cause a copy of the advice given by the Nature Repair Market
9
Committee under subsection 54(2) in relation to the determination
10
to be published on the Department's website.
11
(5) If the Minister decides to revoke a methodology determination, the
12
Minister must:
13
(a) prepare a written statement of reasons for the decision; and
14
(b) do so as soon as practicable after making the decision.
15
(6) If the Minister prepares a statement of reasons under
16
subsection (5), the Minister must:
17
(a) cause a copy of the statement of reasons to be published on
18
the Department's website; and
19
(b) do so as soon as practicable after the statement of reasons is
20
prepared.
21
52 Consequences of methodology determination ceasing to have
22
effect
23
Continued application of methodology determination
24
(1) The rules may provide that if:
25
(a) the methodology determination that covers a registered
26
biodiversity project ceases to have effect (whether under this
27
Subdivision or otherwise); and
28
(b) the conditions specified in the rules are satisfied;
29
that methodology determination continues to cover the project as if
30
the methodology determination had not ceased.
31
Part 4
Methodology determinations
Division 2
Methodology determinations
Section 52
72
Nature Repair Market Bill 2023
No. , 2023
(2) The rules may empower the Regulator to determine, on application
1
by the project proponent for a registered biodiversity project, that
2
if:
3
(a) the methodology determination that covers the project ceases
4
to have effect (whether under this Subdivision or otherwise);
5
and
6
(b) the conditions specified in the rules are satisfied;
7
then, despite the cessation, the methodology determination
8
continues to cover the project as if the methodology determination
9
had not ceased.
10
(3) The rules may make provision for and in relation to any of the
11
following matters in relation to an application under rules made for
12
the purposes of subsection (2):
13
(a) the approval by the Regulator of a form for such an
14
application;
15
(b) information that must accompany such an application;
16
(c) documents that must accompany such an application;
17
(d) verification by statutory declaration of statements in such an
18
application;
19
(e) the fee (if any) that must accompany such an application;
20
(f) the withdrawal of such an application;
21
(g) empowering the Regulator:
22
(i) to require an applicant to give the Regulator further
23
information in connection with such an application; and
24
(ii) if the applicant breaches the requirements--to refuse to
25
consider the application, or to refuse to take any action,
26
or any further action, in relation to the application.
27
(4) A fee mentioned in paragraph (3)(e) must not be such as to amount
28
to taxation.
29
(5) If:
30
(a) an application is withdrawn under rules made for the
31
purposes of subsection (3); and
32
(b) the applicant has paid a fee in relation to the application;
33
the Regulator must, on behalf of the Commonwealth, refund the
34
application fee.
35
Methodology determinations
Part 4
Methodology determinations
Division 2
Section 53
No. , 2023
Nature Repair Market Bill 2023
73
Variation of registration of biodiversity project
1
(6) The rules may make provision for and in relation to empowering
2
the Regulator to vary the registration of a registered biodiversity
3
project in respect of the methodology determination that covers the
4
project if:
5
(a) the methodology determination that covers the project ceases
6
to have effect (whether under this Subdivision or otherwise);
7
and
8
(b) the conditions specified in the rules are satisfied.
9
53 Effect of methodology determination ceasing to have effect--
10
applications for registration
11
(1) This section applies to an application under section 11 for the
12
Regulator to approve the registration of a biodiversity project if the
13
methodology determination specified in the application under
14
paragraph 12(2)(c) ceases to have effect (whether under this
15
Subdivision or otherwise).
16
(2) The Regulator must refuse the application.
17
(3) The rules may provide for any of the following:
18
(a) the Regulator to notify the applicant that the Regulator
19
proposes to refuse the application under subsection (2);
20
(b) the Regulator to give the applicant an opportunity to
21
withdraw or vary the application before the Regulator refuses
22
the application.
23
(4) If:
24
(a) an application is withdrawn under rules made for the
25
purposes of subsection (3); and
26
(b) the applicant has paid a fee in relation to the application;
27
the Regulator must, on behalf of the Commonwealth, refund the
28
application fee.
29
Part 4
Methodology determinations
Division 2
Methodology determinations
Section 54
74
Nature Repair Market Bill 2023
No. , 2023
Subdivision D--Advice about making, varying or revoking
1
methodology determinations
2
54 Advice by the Nature Repair Market Committee
3
Scope
4
(1) This section applies if the Minister requests the Nature Repair
5
Market Committee:
6
(a) under subsection 47(2), to give advice about whether the
7
Minister should make a methodology determination; or
8
(b) under subsection 48(3), to give advice about whether the
9
Minister should vary a methodology determination; or
10
(c) under subsection 51(2), to give advice about whether the
11
Minister should revoke a methodology determination.
12
Committee to give advice
13
(2) The Nature Repair Market Committee must give the requested
14
advice to the Minister.
15
Note:
The Committee must undertake public consultation before giving
16
advice about making or varying a methodology determination (see
17
section 56).
18
(3) If the requested advice relates to whether the Minister should make
19
a methodology determination, the Nature Repair Market
20
Committee must include the following in the advice:
21
(a) if the Committee is satisfied that the proposed determination
22
complies with the biodiversity integrity standards:
23
(i) a statement to that effect; and
24
(ii) the Committee's reasons why it is satisfied that the
25
proposed determination complies with the biodiversity
26
integrity standards; and
27
(iii) in a case where a Committee member is not satisfied
28
that the proposed determination complies with the
29
biodiversity integrity standards--the Committee
30
member's reasons why the Committee member is not so
31
satisfied;
32
Methodology determinations
Part 4
Methodology determinations
Division 2
Section 54
No. , 2023
Nature Repair Market Bill 2023
75
(b) if the Committee is not satisfied that the proposed
1
determination complies with the biodiversity integrity
2
standards:
3
(i) a statement to that effect; and
4
(ii) the Committee's reasons why it is not satisfied that the
5
proposed determination complies with the biodiversity
6
integrity standards;
7
(c) such other information (if any) as is specified in the rules.
8
(4) If the requested advice relates to whether the Minister should vary
9
a methodology determination, the Nature Repair Market
10
Committee must include the following in the advice:
11
(a) if the Committee is satisfied that the determination as
12
proposed to be varied complies with the biodiversity integrity
13
standards:
14
(i) a statement to that effect; and
15
(ii) the Committee's reasons why it is satisfied that the
16
determination as proposed to be varied complies with
17
the biodiversity integrity standards; and
18
(iii) in a case where a Committee member is not satisfied
19
that the determination as proposed to be varied complies
20
with the biodiversity integrity standards--the
21
Committee member's reasons why the Committee
22
member is not so satisfied;
23
(b) if the Committee is not satisfied that the determination as
24
proposed to be varied complies with the biodiversity integrity
25
standards:
26
(i) a statement to that effect; and
27
(ii) the Committee's reasons why it is not satisfied that the
28
determination as proposed to be varied complies with
29
the biodiversity integrity standards;
30
(c) such other information (if any) as is specified in the rules.
31
(5) If the requested advice relates to whether the Minister should
32
revoke a methodology determination, the Nature Repair Market
33
Committee must include in the advice:
34
(a) a statement setting out the Committee's opinion about
35
whether the determination should be revoked; and
36
Part 4
Methodology determinations
Division 2
Methodology determinations
Section 55
76
Nature Repair Market Bill 2023
No. , 2023
(b) the Committee's reasons for the opinion; and
1
(c) such other information (if any) as is specified in the rules.
2
Committee must have regard to certain matters
3
(6) In giving the requested advice to the Minister, the Nature Repair
4
Market Committee must have regard to the following:
5
(a) the biodiversity integrity standards;
6
(b) any relevant matters specified in a direction in force under
7
section 55;
8
(c) any relevant advice given by the Regulator to the Committee;
9
(d) such other matters (if any) as are specified in the rules.
10
(7) Subsection (6) does not, by implication, limit the matters to which
11
the Nature Repair Market Committee may have regard.
12
55 Additional matters for the Nature Repair Market Committee to
13
take into account
14
The Minister may, by legislative instrument, direct the Nature
15
Repair Market Committee to do any or all of the following:
16
(a) have regard to one or more specified matters in giving advice
17
about the making of a methodology determination;
18
(b) have regard to one or more specified matters in giving advice
19
about the variation of a methodology determination;
20
(c) have regard to one or more specified matters in giving advice
21
about the revocation of a methodology determination.
22
Note:
Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
23
Legislation Act 2003
do not apply to the direction (see regulations
24
made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that
25
Act).
26
Methodology determinations
Part 4
Methodology determinations
Division 2
Section 56
No. , 2023
Nature Repair Market Bill 2023
77
Subdivision E--Consultation by the Nature Repair Market
1
Committee
2
56 Consultation by the Nature Repair Market Committee
3
(1) The Nature Repair Market Committee must not advise the Minister
4
whether the Minister should make or vary a methodology
5
determination unless the Committee has first:
6
(a) published on the Department's website:
7
(i) a detailed outline of the proposed determination or
8
variation, as the case may be; and
9
(ii) a notice inviting the public to make a submission to the
10
Committee on the detailed outline by a specified time
11
limit; and
12
(b) considered any relevant submissions that were received
13
within that time limit.
14
(2) The time limit must be at least 28 days after the notice is published.
15
(3) However, the time limit may be shorter than 28 days after the
16
notice is published, so long as:
17
(a) the Nature Repair Market Committee considers that the time
18
limit is appropriate in the circumstances; and
19
(b) the time limit is not shorter than 14 days after the notice is
20
published.
21
Publication of submissions
22
(4) The Nature Repair Market Committee must publish on the
23
Department's website any relevant submissions under
24
subsection (1) received within the time limit referred to in
25
subparagraph (1)(a)(ii).
26
(5) However, the Nature Repair Market Committee must not publish a
27
particular submission made by a person if publication of the
28
submission could reasonably be expected to substantially
29
prejudice:
30
(a) Indigenous cultural heritage; or
31
(b) biodiversity.
32
Part 4
Methodology determinations
Division 2
Methodology determinations
Section 56
78
Nature Repair Market Bill 2023
No. , 2023
(6) The Nature Repair Market Committee may decide under
1
subsection (5) not to publish a submission:
2
(a) on its own initiative; or
3
(b) at the request of the person who made the submission.
4
(7) A request under subsection (6) must:
5
(a) be in writing; and
6
(b) be in a form approved, in writing, by the Committee.
7
Methodology determinations
Part 4
Biodiversity integrity standards
Division 3
Section 57
No. , 2023
Nature Repair Market Bill 2023
79
Division 3--Biodiversity integrity standards
1
57 Biodiversity integrity standards
2
(1) For the purposes of this Act, a methodology determination
3
complies with the
biodiversity integrity standards
if:
4
(a) a biodiversity project carried out in accordance with the
5
methodology determination must be designed to result in
6
enhancement or protection of biodiversity in native species
7
(whether the effect on biodiversity occurs within or outside
8
the project area) that would be unlikely to occur if the project
9
was not carried out; and
10
(b) a biodiversity project carried out in accordance with the
11
methodology determination must be designed to prevent the
12
project from having a significant adverse impact on
13
biodiversity in a native species that is protected under:
14
(i) a law of the Commonwealth; or
15
(ii) a law of a State or a Territory in which the project area
16
is wholly or partly situated; and
17
(c) a biodiversity project carried out in accordance with the
18
methodology determination must be designed to achieve
19
enhancement or protection of biodiversity in native species
20
that is appropriate to the project area; and
21
(d) a biodiversity project carried out in accordance with the
22
methodology determination must be designed to achieve
23
enhancement or protection:
24
(i) that is of biodiversity in native species; and
25
(ii) that can be measured, assessed and verified; and
26
(e) any condition set out in, or requirement imposed by, the
27
methodology determination in accordance with
28
subsection 45(5) or (6):
29
(i) is supported by clear and convincing evidence; and
30
(ii) is, so far as is reasonably practicable, consistent with
31
relevant Indigenous knowledge and values relating to
32
biodiversity and cultural heritage; and
33
Part 4
Methodology determinations
Division 3
Biodiversity integrity standards
Section 57
80
Nature Repair Market Bill 2023
No. , 2023
(iii) is consistent with enhancement or protection of
1
biodiversity in native species that is appropriate to the
2
project area; and
3
(iv) enables, where appropriate, adaptive management to
4
achieve the enhancement or protection of biodiversity in
5
native species; and
6
(v) in the case of a condition or requirement that relates to
7
the measurement or assessment of the enhancement of
8
biodiversity of native species--requires a clear
9
indication of the level of certainty and confidence of
10
achievement of the enhancement; and
11
(vi) in the case of a condition or requirement that relates to
12
the measurement of the protection of biodiversity of
13
native species--requires a clear indication of the level
14
of certainty and confidence of achievement of the
15
protection; and
16
(f) if any condition set out in, or requirement imposed by, the
17
methodology determination in accordance with
18
subsection 45(5) or (6) involves an estimate or projection--
19
the condition or requirement must require disclosure of:
20
(i) the assumptions and methods used to make the estimate
21
or projection; and
22
(ii) the level of certainty of the estimate or projection; and
23
(g) if any condition set out in, or requirement imposed by, the
24
methodology determination in accordance with
25
subsection 45(5) or (6) involves an estimate or projection--
26
the condition or requirement must require that the estimate or
27
projection must be conservative; and
28
(h) any statements or information that could be included in:
29
(i) an entry in the Register for a biodiversity project
30
covered by the methodology determination; or
31
(ii) a biodiversity certificate issued in relation to a
32
biodiversity project covered by the methodology
33
determination;
34
would be supported by clear and convincing evidence; and
35
(i) to the extent to which any statements or information referred
36
to in paragraph (h) would involve an estimate, projection or
37