Commonwealth Consolidated Acts Commonwealth Consolidated ActsRegulations or legislative rules
(1) The regulations or the legislative rules may make provision for and in relation to empowering the Regulator to vary a declaration under section 27 in relation to an offsets project so far as the declaration identifies the project proponent for the project.
(2) Regulations or legislative rules made for the purposes of subsection (1) must not empower the Regulator to vary a declaration unless the project proponent for the project applies to the Regulator for the variation of the declaration.
(3) Regulations or legislative rules made for the purposes of subsection (1) may make provision for or in relation to any or all of the following matters:
(a) applications for variations under those regulations or legislative rules, as the case may be;
(b) the approval by the Regulator of a form for such an application;
(c) information that must accompany such an application;
(d) documents that must accompany such an application;
(e) verification by statutory declaration of statements in such an application;
(f) the fee (if any) that must accompany such an application;
(g) the withdrawal of such an application;
(h) empowering the Regulator:
(i) to require an applicant to give the Regulator further information in connection with such an application; and
(ii) if the applicant breaches the requirement--to refuse to consider the application, or to refuse to take any action, or any further action, in relation to the application;
(i) empowering the Regulator to require the applicant to give security to the Commonwealth in relation to the fulfilment by the applicant of any requirements to relinquish Australian carbon credit units that may be imposed on the applicant under this Part in relation to the project.
(4) Subsection (3) does not limit subsection (1).
(5) A fee mentioned in paragraph (3)(f) must not be such as to amount to taxation.
(6) Regulations or legislative rules made for the purposes of subsection (1) must provide that, if a declaration of an eligible offsets project is varied in accordance with those regulations or legislative rules, as the case may be, the Regulator must give a copy of the variation to:
(a) the applicant for the variation; and
(b) if the declaration relates to a sequestration offsets project--the relevant land registration official.
(7) Regulations or legislative rules made for the purposes of subsection (1) must provide that, if a declaration of an eligible offsets project is varied in accordance with those regulations or legislative rules, as the case may be, the variation takes effect:
(a) when it is made; or
(b) if:
(i) the Regulator makes a written determination specifying an earlier day; and
(ii) the applicant for the variation has consented to the determination of the earlier day;
on the day so determined.
(8) A determination made under subparagraph (7)(b)(i) is not a legislative instrument.
(9) Regulations or legislative rules made for the purposes of subsection (1) must provide that, if the Regulator decides to refuse to vary a declaration of an eligible offsets project in accordance with an application for variation under those regulations or legislative rules, as the case may be, the Regulator must give written notice of the decision to the applicant for the variation.
References to eligible offsets project
(10) If a declaration of an eligible offsets project is varied in accordance with regulations or legislative rules made for the purposes of subsection (1), a reference in this Act, the regulations or the legislative rules to the eligible offsets project is a reference to the eligible offsets project as varied.