Unilateral revocation of declaration of eligible offsets project—false or misleading information
38 Unilateral revocation of declaration of eligible offsets project—false or misleading information
The regulations or the legislative rules may make provision for and in relation to empowering the Regulator to revoke a declaration under section 27 in relation to an offsets project.
Regulations or legislative rules made for the purposes of subsection (1) must not empower the Regulator to revoke a declaration unless:
information was given by a person to the Regulator in connection with the project; and
the information was:
contained in an application under this Act, the regulations or the legislative rules; or
given in connection with an application under this Act, the regulations or the legislative rules; or
contained in an offsets report; or
contained in a notification under Part 6; and
the information was false or misleading in a material particular.
Regulations or legislative rules made for the purposes of subsection (1) must require the Regulator to consult the project proponent for the project before deciding to revoke a declaration.
Regulations or legislative rules made for the purposes of subsection (1) must provide that, if a declaration of an eligible offsets project is revoked in accordance with those regulations or legislative rules, as the case may be, the Regulator must give a copy of the revocation to:
the project proponent; and
if the declaration relates to a sequestration offsets project—the relevant land registration official.
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