Carbon Credits (Carbon Farming Initiative) Act 2011

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 area‑based offsets project so far as the declaration identifies the project area or project areas.

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.

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:

applications for variations under those regulations or legislative rules, as the case may be;

the approval by the Regulator of a form for such an application;

information that must accompany such an application;

documents that must accompany such an application;

verification by statutory declaration of statements in such an application;

consents that must be obtained for the making of such an application;

authorising a person to issue a certificate in relation to such an application;

the fee (if any) that must accompany such an application;

the withdrawal of such an application;

empowering the Regulator:

to require an applicant to give the Regulator further information in connection with such an application; and

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.

Subsection (3) does not limit subsection (1).

A fee mentioned in paragraph (3)(i) must not be such as to amount to taxation.

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:

the applicant for the variation; and

if the declaration relates to a sequestration offsets project—the relevant land registration official.

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.

If:

a declaration of an eligible offsets project is varied in accordance with regulations or legislative rules made for the purposes of subsection (1); and

a consent to the making of the application for the variation was set out in a registered indigenous land use agreement;

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.