Carbon Credits (Carbon Farming Initiative) Act 2011

An application must:

be in writing; and

be in a form approved, in writing, by the Regulator; and

be accompanied by such information as is specified in the regulations or the legislative rules; and

if the project is of a kind specified in the regulations or the legislative rules—be accompanied by a prescribed audit report prepared by a registered greenhouse and energy auditor who has been appointed as an audit team leader for the purpose; and

if an indigenous land use agreement is relevant to the Regulator’s decision on the application—be accompanied by a copy of the agreement; and

if the project is a sequestration offsets project—include either:

a request that the project be treated as a 100‑year permanence period project; or

a request that the project be treated as a 25‑year permanence period project; and

if:

the project is an area‑based offsets project; and

the project area, or any of the project areas, for the project is covered by a regional natural resource management plan;

be accompanied by such other documents (if any) as are specified in the regulations or the legislative rules; and

be accompanied by the fee (if any) specified in the regulations or the legislative rules.

For specification by class, see subsection 13(3) of the Legislation Act 2003.

The approved form of application may provide for verification by statutory declaration of statements in applications.

A fee specified under paragraph (1)(i) must not be such as to amount to taxation.

Paragraph (1)(d) of this section does not, by implication, affect the application of subsection 13(3) of the Legislation Act 2003 to:

another paragraph of subsection (1) of this section; or

another instrument under this Act.