Commonwealth: Carbon Credits (Carbon Farming Initiative) Act 2011 (Cth)

Carbon Credits (Carbon Farming Initiative) Act 2011 No. 101, 2011 Compilation No. 24 Compilation date: 14 October 2024 Includes amendments: Act No. 39, 2024 About this compilation This compilation This is a compilation of the Carbon Credits (Carbon Farming Initiative) Act 2011 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Objects 4 Simplified outline 5 Definitions 6 Vacancy in the office of an Emissions Reduction Assurance Committee member 7 Electronic notice transmitted to the Regulator 7A Extended accounting period 8 Crown to be bound 9 Extension to external Territories 9A Extension to exclusive economic zone and continental shelf 9B Application to foreign ships Part 2—Issue of Australian carbon credit units in respect of offsets projects Division 1—Introduction 10 Simplified outline Division 2—Issue of Australian carbon credit units in respect of offsets projects 11 Issue of Australian carbon credit units in respect of offsets projects Division 3—Certificate of entitlement 12 Application for certificate of entitlement 13 Form of application 14 Further information 15 Issue of certificate of entitlement 15A No double counting test 16 Unit entitlement—sequestration offsets projects 18 Unit entitlement—emissions avoidance offsets project 20 Certificate of entitlement not transferable Part 2A—Purchase of eligible carbon credit units by the Commonwealth Division 1—Introduction 20A Simplified outline of this Part Division 2—Carbon abatement contracts 20B Carbon abatement contracts 20C When carbon abatement contracts may be entered into 20CA Duration of carbon abatement contracts 20D Regulator has powers etc. of the Commonwealth 20E Conferral of powers on the Regulator Division 3—Carbon abatement purchasing processes 20F Carbon abatement purchasing process 20G Conduct of carbon abatement purchasing processes Division 4—Miscellaneous 20H Legislative rules may provide for certain matters relating to purchased eligible carbon credit units etc. 20J Certain instruments relating to Commonwealth procurement are not applicable 20K Carbon abatement contracts are not instruments made under this Act Part 3—Eligible offsets projects Division 1—Introduction 21 Simplified outline Division 2—Declaration of eligible offsets project 22 Application for declaration of eligible offsets project 23 Form of application 24 Further information 25 Withdrawal of application 26 Application may be split 27 Declaration of eligible offsets project 27A Suspension of processing of applications for declarations of eligible offsets projects 28 Declaration may be subject to condition about obtaining regulatory approvals 28A Declaration may be subject to condition about obtaining consents from eligible interest holders Division 3—Variation of declaration of eligible offsets project 29 Voluntary variation of declaration of eligible offsets project in relation to the project area or project areas 30 Voluntary variation of declaration of eligible offsets project in relation to the project proponent 31 Voluntary variation of conditional declaration of eligible offsets project—condition of declaration has been met 31A No variation of declaration of eligible offsets project as a 100‑year or 25‑year permanence period project Division 4—Revocation of declaration of eligible offsets project Subdivision A—Voluntary revocation of declaration of eligible offsets project 32 Voluntary revocation of declaration of eligible offsets project—units issued 33 Voluntary revocation of declaration of eligible offsets project—no units issued Subdivision B—Unilateral revocation of declaration of eligible offsets project 34 Unilateral revocation of declaration of eligible offsets project—condition of declaration has not been met 35 Unilateral revocation of declaration of eligible offsets project—eligibility requirements not met etc. 36 Unilateral revocation of declaration of eligible offsets project—project proponent ceases to pass the fit and proper person test 37 Unilateral revocation of declaration of eligible offsets project—person responsible for carrying out project ceases to be the project proponent 38 Unilateral revocation of declaration of eligible offsets project—false or misleading information Division 5—Entries in title registers 39 Entries in title registers—general 40 Entries in title registers—land subject to carbon maintenance obligation Division 7—Net total number of Australian carbon credit units issued in relation to an eligible offsets project 42 Net total number of Australian carbon credit units issued in relation to an eligible offsets project Division 8—Eligible interest in an area of land 43 Eligible interest in an area of land—applicable carbon sequestration right 44 Eligible interest in an area of land—Torrens system land 45 Eligible interest in an area of land—Crown land that is not Torrens system land 45A Eligible interest in an area of land—native title land Division 10—Native title land 46 Registered native title bodies corporate—deemed project proponent 47 Regulator to notify Crown lands Minister of declaration of eligible offsets project 48 Designation of special native title account 49 Issue of Australian carbon credit units to special native title account 50 Units held in special native title account 51 Regulations or legislative rules about consulting common law holders etc. Division 11—Freehold land rights land 52 Regulator to notify Crown lands Minister of declaration of eligible offsets project Division 12—Types of projects 53 Emissions avoidance offsets projects 53A Area‑based emissions avoidance projects 54 Sequestration offsets projects 56 Excluded offsets projects Division 13—Restructure of eligible offsets projects 57 Restructure of eligible offsets projects Part 4—Fit and proper person test 59 Simplified outline of this Part 60 Fit and proper person test Part 5—Crediting period 68 Simplified outline of this Part 69 Crediting period—basic rule 70 Crediting period—general transitional rule 71 Crediting period—transitional rule for avoided deforestation projects Part 6—Reporting and notification requirements Division 1—Introduction 75 Simplified outline Division 2—Reporting requirements 76 Offsets reports 77 Declaration that offsets report requirement does not apply 77A Offsets report may be about a part of a project etc. Division 3—Notification requirements 78 Notification requirement—ceasing to be the project proponent for an eligible offsets project otherwise than because of death 79 Notification requirement—death of the project proponent for an eligible offsets project 80 Notification requirement—methodology determinations 81 Notification requirement—natural disturbances 82 Notification requirement—reversal of sequestration due to conduct of another person 83 Notification requirement—project becomes inconsistent with a regional natural resource management plan 84 Notification requirement—event relevant to whether a project proponent is a fit and proper person 85 Regulations or legislative rules may impose notification requirements Part 7—Requirements to relinquish Australian carbon credit units Division 1—Introduction 86 Simplified outline 86A Permanence period 87 100‑year permanence period Division 2—General relinquishment requirements 88 Requirement to relinquish—false or misleading information Division 3—Relinquishment requirements for sequestration offsets projects 89 Requirement to relinquish—revocation of declaration of eligible offsets project 90 Requirement to relinquish—reversal of sequestration other than due to natural disturbance or conduct etc. 91 Requirement to relinquish—reversal of sequestration due to natural disturbance or conduct and no mitigation happens Part 8—Carbon maintenance obligation Division 1—Introduction 96 Simplified outline Division 2—Carbon maintenance obligation 97 Carbon maintenance obligation 98 Variation or revocation of declaration of carbon maintenance obligation 99 Revocation of declaration of carbon maintenance obligation—voluntary relinquishment of Australian carbon credit units Division 3—Injunctions 100 Injunctions 101 Interim injunctions 102 Discharge etc. of injunctions 103 Certain limits on granting injunctions not to apply 104 Other powers of the Federal Court unaffected Part 9—Methodology determinations Division 1—Introduction 105 Simplified outline Division 2—Methodology determinations Subdivision A—Making of methodology determinations 106 Methodology determinations Subdivision B—Variation of methodology determinations 114 Variation of methodology determinations 115 When variation takes effect Subdivision C—Duration of methodology determinations 122 Duration of methodology determinations Subdivision D—Revocation of methodology determinations 123 Revocation of methodology determinations Subdivision DA—Advice about making, varying or revoking methodology determinations 123A Advice by the Emissions Reduction Assurance Committee 123B Additional matters for the Emissions Reduction Assurance Committee to take into account 123C Advice about whether methodology determination deals with eligible carbon abatement Subdivision DB—Consultation by the Emissions Reduction Assurance Committee 123D Consultation by the Emissions Reduction Assurance Committee Subdivision E—Applicable methodology determination 124 Applicable methodology determination for a reporting period 124A Modified meaning of crediting period for an emissions avoidance offsets project that has an extended accounting period 125 Original methodology determination continues to apply after expiry 126 Original methodology determination continues to apply after variation 127 Original methodology determination continues to apply after revocation 128 Request to approve application of methodology determination to a project with effect from the start of a reporting period 129 Further information 130 Regulator may approve application of methodology determination to a project with effect from the start of a reporting period Division 3—Offsets integrity standards 133 Offsets integrity standards Part 10—Multiple project proponents Division 1—Introduction 134 Simplified outline Division 2—References to project proponents 135 References to project proponents Division 3—Nominee of multiple project proponents 136 Nomination of nominee by multiple project proponents 137 Service of documents on nominee 138 Eligible voluntary action taken by nominee 139 Unilateral revocation of declaration of eligible offsets project—failure of multiple project proponents to nominate a nominee 140 Designation of nominee account 141 Issue of Australian carbon credit units to nominee account 142 Units held in nominee account 143 Instructions in relation to nominee account 144 Updating nominee account details on change of nominee Division 4—Obligations of multiple project proponents 145 Obligations of multiple project proponents Part 11—Australian carbon credit units Division 1—Introduction 146 Simplified outline Division 2—Issue of Australian carbon credit units 147 Issue of Australian carbon credit units 148 How Australian carbon credit units are to be issued 149 Circumstances in which Australian carbon credit units may be issued Division 3—Property in, and transfer of, Australian carbon credit units 150 An Australian carbon credit unit is personal property 150A Ownership of Australian carbon credit unit 151 Transfer of Australian carbon credit units 152 Transmission of Australian carbon credit units by assignment 153 Transmission of Australian carbon credit units by operation of law etc. 154 Outgoing international transfers of Australian carbon credit units 155 Restrictions on outgoing international transfers of Australian carbon credit units 156 Transfer of Australian carbon credit units to another Registry account held by the transferor 157A Registration of equitable interests in relation to an Australian carbon credit unit 158 Equitable interests in relation to an Australian carbon credit unit Part 12—Publication of information Division 1—Introduction 159 Simplified outline Division 2—Information about units 160 Information about issue of Australian carbon credit units 161 Quarterly reports about issue of Australian carbon credit units 162 Publication of concise description of the characteristics of Australian carbon credit units Division 3—Information about units purchased by the Commonwealth 163 Information about carbon abatement purchasing processes 163A Annual reports about purchases of eligible carbon credit units Division 4—Information about relinquishment requirements 164 Information about relinquishment requirements 165 Information about unpaid administrative penalties 166 Information about number of relinquished units Division 4A—Information about Australia's international obligations 166A Information about Australia's international obligations Division 5—Emissions Reduction Fund Register 167 Emissions Reduction Fund Register 168 Entries in the Register Part 13—Fraudulent conduct 170 Simplified outline 171 Units issued as a result of fraudulent conduct—court may order relinquishment Part 15—Relinquishment of Australian carbon credit units Division 1—Introduction 174 Simplified outline Division 2—How Australian carbon credit units are relinquished 175 How Australian carbon credit units are relinquished 176 Deemed relinquishment Division 3—Compliance with relinquishment requirements 179 Compliance with relinquishment requirements 180 Late payment penalty 181 Recovery of penalties 182 Set‑off 183 Refund of overpayments Part 16—Information‑gathering powers 184 Simplified outline 185 Regulator may obtain information or documents 186 Copying documents—compensation 187 Copies of documents 188 Regulator may retain documents 189 Self‑incrimination Part 17—Record‑keeping and project monitoring requirements Division 1—Introduction 190 Simplified outline Division 2—Record‑keeping requirements 191 Record‑keeping requirements—general 192 Record‑keeping requirements—preparation of offsets report 193 Record‑keeping requirements—methodology determinations Division 3—Project monitoring requirements 194 Project monitoring requirements—methodology determinations Part 18—Monitoring powers Division 1—Simplified outline 195 Simplified outline Division 2—Appointment of inspectors and issue of identity cards 196 Appointment of inspectors 197 Identity cards Division 3—Powers of inspectors Subdivision A—Monitoring powers 198 Inspector may enter premises by consent or under a warrant 199 Monitoring powers of inspectors 200 Persons assisting inspectors Subdivision B—Powers of inspectors to ask questions and seek production of documents 201 Inspector may ask questions and seek production of documents 202 Self‑incrimination Division 4—Obligations and incidental powers of inspectors 203 Consent 204 Announcement before entry under warrant 205 Inspector to be in possession of warrant 206 Details of warrant etc. to be given to occupier 207 Expert assistance to operate electronic equipment 208 Compensation for damage to electronic equipment Division 5—Occupier's rights and responsibilities 209 Occupier entitled to observe execution of warrant 210 Occupier to provide inspector with facilities and assistance Division 6—Monitoring warrants 211 Monitoring warrants Division 7—Powers of magistrates 212 Powers of magistrates Part 19—Audits Division 1—Introduction 213 Simplified outline Division 2—Audits 214 Compliance audits 215 Other audits Part 20—Liability of executive officers of bodies corporate 216 Simplified outline 217 Civil penalties for executive officers of bodies corporate 218 Reasonable steps to prevent contravention Part 21—Civil penalty orders 219 Simplified outline 220 References to Court 221 Civil penalty orders 222 Who may apply for a civil penalty order 223 Two or more proceedings may be heard together 224 Time limit for application for an order 225 Civil evidence and procedure rules for civil penalty orders 226 Civil proceedings after criminal proceedings 227 Criminal proceedings during civil proceedings 228 Criminal proceedings after civil proceedings 229 Evidence given in proceedings for a civil penalty order not admissible in criminal proceedings 230 Mistake of fact 231 State of mind 232 Continuing contraventions Part 22—Offences relating to administrative penalties 233 Simplified outline 234 Scheme to avoid existing liability to pay administrative penalty 235 Scheme to avoid future liability to pay administrative penalty Part 23—Enforceable undertakings 236 Simplified outline 237 Acceptance of undertakings 238 Enforcement of undertakings Part 24—Review of decisions Division 1—Introduction 239 Simplified outline Division 2—Decisions of the Regulator 240 Reviewable decisions 241 Applications for reconsideration of decisions made by delegates of the Regulator 242 Reconsideration by the Regulator 243 Deadline for reconsideration 244 Review by the Administrative Review Tribunal 245 Stay of proceedings for the recovery of an administrative penalty Part 26—Emissions Reduction Assurance Committee Division 1—Establishment and functions of the Emissions Reduction Assurance Committee 254 Emissions Reduction Assurance Committee 255 Functions of the Emissions Reduction Assurance Committee 255AA Request for review of methodology determinations 255A Crediting period extension reviews Division 2—Membership of the Emissions Reduction Assurance Committee 256 Membership of the Emissions Reduction Assurance Committee 257 Appointment of Emissions Reduction Assurance Committee members 258 Period for appointment for Emissions Reduction Assurance Committee members 259 Acting Emissions Reduction Assurance Committee members 260 Procedures 261 Disclosure of interests to the Minister 262 Disclosure of interests to Emissions Reduction Assurance Committee 263 Outside employment 264 Remuneration and allowances 265 Leave of absence 266 Resignation 267 Termination of appointment 268 Other terms and conditions 269 Assistance to Emissions Reduction Assurance Committee Part 27—Secrecy 270 Secrecy 271 Disclosure or use for the purposes of this Act or a legislative instrument under this Act 272 Disclosure to the Minister 273 Disclosure to the Secretary etc. 275 Disclosure to a Royal Commission 276 Disclosure to certain persons and bodies 277 Disclosure to certain financial bodies 278 Disclosure with consent 279 Disclosure to reduce threat to life or health 280 Disclosure of publicly available information 281 Disclosure of summaries or statistics 282 Disclosure for purposes of law enforcement—protected audit information 283 Disclosure for purposes of law enforcement—protected ERAC information 284 Disclosure for purposes of review of Act Part 28—Miscellaneous 286 Miscellaneous functions of the Regulator 287 Computerised decision‑making 288 Regulator's power to require further information 289 Information previously given to the Regulator 290 Actions may be taken by an agent of a project proponent 291 Delegation by the Minister 292 Delegation by a State Minister or a Territory Minister 293 Delegation by the Secretary 294 Concurrent operation of State and Territory laws 295 Law relating to legal professional privilege not affected 296 Arrangements with States and Territories 297 Liability for damages 298 Executive power of the Commonwealth 299 Notional payments by the Commonwealth 300 Compensation for acquisition of property 301 Native title rights not affected 302 Racial Discrimination Act not affected 303 Alternative constitutional basis 304 Prescribing matters by reference to other instruments 305 Administrative decisions under the regulations 305A Administrative decisions under the legislative rules 306 Periodic reviews of operation of this Act etc. 307 Regulations 308 Legislative rules Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act about projects to remove carbon dioxide from the atmosphere and projects to avoid emissions of greenhouse gases, and for other purposes Part 1—Preliminary 1 Short title This Act may be cited as the Carbon Credits (Carbon Farming Initiative) Act 2011. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 15 September 2011 2. Sections 3 to 307 A single day to be fixed by Proclamation. 8 December 2011 A Proclamation must not specify a day that occurs before the later of: (see F2011L02581) (a) the day the Australian National Registry of Emissions Units Act 2011 receives the Royal Assent; and (b) the day the Carbon Credits (Consequential Amendments) Act 2011 receives the Royal Assent. However, if any of the provision(s) do not commence within the period of 6 months beginning on the later of: (c) the day the Australian National Registry of Emissions Units Act 2011 receives the Royal Assent; and (d) the day the Carbon Credits (Consequential Amendments) Act 2011 receives the Royal Assent; they commence on the day after the end of that period. Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Objects (1) This section sets out the objects of this Act. Climate Change Convention and Kyoto Protocol etc. (2) The first object of this Act is to remove greenhouse gases from the atmosphere, and avoid emissions of greenhouse gases, in order to meet Australia's obligations under any or all of the following: (a) the Climate Change Convention; (b) the Kyoto Protocol; (c) the Paris Agreement; (d) any other international agreement. Incentives (3) The second object of this Act is to create incentives for people to carry on certain offsets projects. Carbon abatement (4) The third object of this Act is to increase carbon abatement in a manner that: (a) is consistent with the protection of Australia's natural environment; and (b) improves resilience to the effects of climate change. Purchase of carbon abatement by the Commonwealth (5) The fourth object of this Act is to authorise the purchase by the Commonwealth of units that represent carbon abatement. Australia's greenhouse gas emissions reduction targets (6) The fifth object of this Act is to facilitate the achievement of Australia's greenhouse gas emissions reduction targets. 4 Simplified outline The following is a simplified outline of this Act: • This Act sets up a scheme for the issue of Australian carbon credit units in relation to eligible offsets projects. • Australian carbon credit units and certain other types of units may be purchased by the Commonwealth. • An Australian carbon credit unit is personal property and is generally transferable. • The main eligibility requirements for eligible offsets projects are as follows: (a) the project must be carried out in Australia; (b) the project must be covered by a methodology determination made under this Act. • A methodology determination is made having regard to the offsets integrity standards set out in this Act. • This Act is administered by the Clean Energy Regulator. 5 Definitions In this Act: 25‑year permanence period project has the meaning given by paragraph 27(3)(f). 100‑year permanence period, in relation to an eligible offsets project, has the meaning given by section 87. 100‑year permanence period project has the meaning given by paragraph 27(3)(e). Aboriginal peoples has the same meaning as in the Native Title Act 1993. account number, in relation to a Registry account, has the same meaning as in the Australian National Registry of Emissions Units Act 2011. agricultural emissions avoidance project means a project to avoid any of the following emissions: (a) an emission of methane from the digestive tract of livestock; (b) an emission of: (i) methane; or (ii) nitrous oxide; from the decomposition of: (iii) livestock urine; or (iv) livestock dung; (c) an emission of methane from: (i) rice fields; or (ii) rice plants; (d) an emission of: (i) methane; or (ii) nitrous oxide; from the burning of: (iii) savannas; or (iv) grasslands; (e) an emission of: (i) methane; or (ii) nitrous oxide; from the burning of: (iii) crop stubble in fields; or (iv) crop residues in fields; or (v) sugar cane before harvest; (f) an emission of: (i) methane; or (ii) nitrous oxide; from soil. Paragraph (f) does not apply to an emission that is attributable to the operation of a landfill facility. alter the Registry has the same meaning as in the Australian National Registry of Emissions Units Act 2011. applicable carbon sequestration right, in relation to a project area for a sequestration offsets project, has the meaning given by section 43. applicable methodology determination, in relation to an offsets project, means the methodology determination that is applicable to the project. Note: See also sections 124 to 130. area‑based emissions avoidance project has the meaning given by section 53A. area‑based offsets project means an offsets project that is: (a) a sequestration offsets project; or (b) an area‑based emissions avoidance project. assigned amount unit has the same meaning as in the Australian National Registry of Emissions Units Act 2011. associated provisions means the following provisions: (a) the provisions of the regulations; (aa) the provisions of the legislative rules; (b) sections 134.1, 134.2, 135.1, 135.2, 135.4, 136.1, 137.1 and 137.2 of the Criminal Code, in so far as those sections relate to: (i) this Act; or (ii) the regulations; or (iii) the legislative rules. audit team leader means a registered greenhouse and energy auditor appointed under any of the following provisions: (a) paragraph 13(1)(e); (aa) paragraph 13(1)(ea); (ab) paragraph 13(1)(eb); (b) paragraph 23(1)(d); (c) paragraph 76(4)(c); (ca) paragraph 76(4)(ca); (cb) paragraph 76(4)(cb); (d) section 214; (e) section 215. Australia, when used in a geographical sense, includes the external Territories. Australian carbon credit unit means a unit issued under section 147. Australian police force means: (a) the Australian Federal Police; or (b) a police force or police service of a State or Territory. Australia's greenhouse gas emissions reduction targets means: (a) if: (i) Australia's current nationally determined contribution was communicated in accordance with Article 4 of the Paris Agreement in June 2022; and (ii) that nationally determined contribution has not been adjusted in accordance with paragraph 11 of Article 4 of the Paris Agreement; the greenhouse gas emissions reduction targets set out in paragraphs 10(1)(a) and (b) of the Climate Change Act 2022; or (b) in any other case—the greenhouse gas emissions reduction targets included in: (i) Australia's current nationally determined contribution communicated in accordance with Article 4 of the Paris Agreement; or (ii) if that nationally determined contribution has been adjusted in accordance with paragraph 11 of Article 4 of the Paris Agreement—that nationally determined contribution, as adjusted and in force from time to time. avoid, in relation to emissions of greenhouse gases, includes reduce or eliminate. benchmark sequestration level has the meaning given by subsection 97(8). carbon abatement means: (a) the removal of one or more greenhouse gases from the atmosphere; or (b) the avoidance of emissions of one or more greenhouse gases. carbon abatement contract has the meaning given by section 20B. carbon abatement contractor has the meaning given by section 20B. carbon abatement purchasing process has the meaning given by section 20F. carbon dioxide equivalent, of an amount of greenhouse gas, means the carbon dioxide equivalence (within the meaning of the National Greenhouse and Energy Reporting Act 2007) of the amount of the gas. carbon estimation area, in relation to an area‑based offsets project, has the meaning given by the applicable methodology determination for the project. carbon maintenance obligation has the meaning given by paragraph 97(2)(a). certificate of entitlement means a certificate issued under section 15. Chapter 5 body corporate has the same meaning as in the Corporations Act 2001. civil penalty order means an order under subsection 221(1). civil penalty provision means a provision declared by this Act to be a civil penalty provision. Climate Change Convention means the United Nations Framework Convention on Climate Change done at New York on 9 May 1992, as amended and in force for Australia from time to time. Note: The text of the Convention is set out in Australian Treaty Series 1994 No. 2 ([1994] ATS 2). In 2011, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au). common law holders, in relation to native title land, has the same meaning as in the Native Title Act 1993. Commonwealth holding account has the same meaning as in the Australian National Registry of Emissions Units Act 2011. Commonwealth place has the same meaning as in the Commonwealth Places (Application of Laws) Act 1970. Commonwealth Registry account has the same meaning as in the Australian National Registry of Emissions Units Act 2011. Commonwealth relinquished units account means the Commonwealth Registry account designated as the Commonwealth relinquished units account. constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies. crediting period, in relation to an eligible offsets project, means: (a) the crediting period for the project worked out under section 69 or 71; or (b) a crediting period for the project worked out under section 70. Note: Sections 70 and 71 deal with transitional matters. crediting period extension review has the meaning given by section 255A. Crown land means land that is the property of: (a) the Commonwealth, a State or a Territory; or (b) a statutory authority of: (i) the Commonwealth; or (ii) a State; or (iii) a Territory. For this purpose, it is immaterial whether the land is: (c) subject to a lease or licence; or (d) covered by a reservation, proclamation, dedication, condition, permission or authority, made or conferred by the Commonwealth, the State or the Territory; or (e) covered by the making, amendment or repeal of legislation of the Commonwealth, the State or the Territory under which the whole or a part of the land is to be used for a public purpose or public purposes; or (f) held on trust for the benefit of another person; or (g) subject to native title. Crown lands Minister: (a) in relation to a State—means the Minister of the State who, under the regulations or the legislative rules, is taken to be the Crown lands Minister of the State; or (b) in relation to the Northern Territory—means the Minister of the Northern Territory who, under the regulations or the legislative rules, is taken to be the Crown lands Minister of the Northern Territory; or (c) in relation to the Australian Capital Territory—means the Minister of the Australian Capital Territory who, under the regulations or the legislative rules, is taken to be the Crown lands Minister of the Australian Capital Territory; or (d) in relation to a Territory other than the Northern Territory or the Australian Capital Territory—means the person who, under the regulations or the legislative rules, is taken to be the Crown lands Minister of the Territory. designated, in relation to a Commonwealth Registry account, has the same meaning as in the Australian National Registry of Emissions Units Act 2011. designated savanna project means a project to avoid the emission of methane or nitrous oxide from the burning of savannas. director includes a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, a State or a Territory. Doha Amendment means the amendments to the Kyoto Protocol that: (a) were adopted by the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol, in Decision 1/CMP.8; and (b) are set out in Annex I to that Decision. Note 1: The Doha Amendment was adopted in Doha, Qatar, in December 2012. Note 2: The Doha Amendment could in 2014 be viewed on the United Nations Framework Convention on Climate Change website (http://www.unfccc.int). electronic communication means a communication by means of guided and/or unguided electromagnetic energy. electronic notice transmitted to the Regulator has the meaning given by section 7. eligible carbon abatement from an offsets project means carbon abatement that: (a) results from the carrying out of the project; and (b) is able to be used to meet Australia's climate change targets under: (i) the Kyoto Protocol; or (ii) the Paris Agreement. eligible carbon credit unit means: (a) a Kyoto Australian carbon credit unit; or (b) a prescribed eligible carbon unit. eligible interest, in relation to an area of land, has the meaning given by section 43, 44, 45 or 45A. eligible offsets project has the meaning given by subsection 27(2). eligible voluntary action means: (a) making an application; or (b) giving information in connection with an application; or (c) withdrawing an application; or (d) giving a notice (including an electronic notice); or (e) making a submission; or (f) making a request; or (g) giving information in connection with a request; to the Regulator, where the application, information, notice, submission or request is permitted, but not required, to be made, given or withdrawn, as the case may be, under this Act, the regulations or the legislative rules. emission of greenhouse gas means the release of greenhouse gas into the atmosphere. emissions avoidance offsets project has the meaning given by section 53. Emissions Reduction Assurance Committee means the committee continued in existence by section 254. Emissions Reduction Assurance Committee member means a member of the Emissions Reduction Assurance Committee, and includes the Chair of the Emissions Reduction Assurance Committee. Emissions Reduction Fund Register means the register kept under section 167. engage in conduct means: (a) do an act; or (b) omit to perform an act. entrusted public official means: (f) an audit team leader; or (g) a person assisting an audit team leader; or (h) an Emissions Reduction Assurance Committee member; or (i) a person assisting the Emissions Reduction Assurance Committee under section 269. evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist. excluded offsets project has the meaning given by section 56. exclusive possession native title land means native title land, where the native title confers a right of exclusive possession over the land. executive officer of a body corporate means: (a) a director of the body corporate; or (b) the chief executive officer (however described) of the body corporate; or (c) the chief financial officer (however described) of the body corporate; or (d) the secretary of the body corporate. extended accounting period has the meaning given by section 7A. Federal Court means the Federal Court of Australia. fit and proper person test has the meaning given by section 60. foreign account, when used in relation to an Australian carbon credit unit, means an account kept within a foreign registry. foreign country includes a region where: (a) the region is a colony, territory or protectorate of a foreign country; or (b) the region is part of a foreign country; or (c) the region is under the protection of a foreign country; or (d) a foreign country exercises jurisdiction or control over the region; or (e) a foreign country is responsible for the region's international relations. foreign registry has the same meaning as in the Australian National Registry of Emissions Units Act 2011. freehold land rights land means land, where: (a) a freehold estate exists over the land, and the grant of the freehold estate took place under a law of a State or a Territory that makes provision for the grant of such things only to, or for the benefit of, Aboriginal peoples or Torres Strait Islanders; or (b) a freehold estate exists over the land, and the grant of the freehold estate took place under a law of the Commonwealth that makes provision for the grant of such things only to, or for the benefit of, Aboriginal peoples or Torres Strait Islanders; or (c) the land is vested in a person, and the vesting took place under a law of the Commonwealth that makes provision for the vesting of land only in, or for the benefit of, Aboriginal peoples or Torres Strait Islanders. greenhouse gas has the same meaning as in the National Greenhouse and Energy Reporting Act 2007. hold an Australian carbon credit unit: a person holds an Australian carbon credit unit if the person is the registered holder of the unit. indigenous land use agreement has the same meaning as in the Native Title Act 1993. insolvent under administration has the same meaning as in the Corporations Act 2001. inspector means a person appointed as an inspector under section 196. international agreement means an agreement whose parties are: (a) Australia and a foreign country; or (b) Australia and 2 or more foreign countries. issue, in relation to an Australian carbon credit unit, means issue under section 147. joint implementation project means a project that is treated as a joint implementation project for the purposes of the relevant provisions of the Kyoto rules. Kyoto abatement deadline means: (a) 30 June 2012; or (b) if a later day is specified in the regulations or the legislative rules—the later day. Kyoto Australian carbon credit unit means: (a) an Australian carbon credit unit that: (i) was issued in accordance with subsection 11(2) after the commencement of this definition; and (ii) is, or is to be, identified as a Kyoto Australian carbon credit unit within the Registry; or (b) an Australian carbon credit unit that: (i) was issued before the commencement of this definition; and (ii) was a Kyoto Australian carbon credit unit (within the meaning of this Act as it stood before the commencement of this definition). Kyoto Protocol means the Kyoto Protocol to the United Nations Framework Convention on Climate Change done at Kyoto on 11 December 1997, as amended and in force for Australia from time to time. Note: The text of the Kyoto Protocol is set out in Australian Treaty Series 2008 No. 2 ([2008] ATS 2). In 2011, the text of an international agreement in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au). Kyoto rules has the same meaning as in the Australian National Registry of Emissions Units Act 2011. landfill facility means a facility for the disposal of solid waste as landfill, and includes a facility that is closed for the acceptance of waste. landfill legacy emissions avoidance project means a project to avoid emissions of greenhouse gases from the operation of a landfill facility, to the extent to which the emissions are attributable to waste accepted by the facility before the day specified in a legislative instrument made by the Minister for the purposes of this definition. land rights land means land, where: (a) a freehold estate exists, or a lease is in force, over the land, where the grant of the freehold estate or lease took place under legislation that makes provision for the grant of such things only to, or for the benefit of, Aboriginal peoples or Torres Strait Islanders; or (b) the land is vested in a person, where the vesting took place under legislation that makes provision for the vesting of land only in, or for the benefit of, Aboriginal peoples or Torres Strait Islanders; or (c) neither paragraph (a) nor (b) applies, and the land is held expressly for the benefit of, or is held in trust expressly for the benefit of, Aboriginal peoples or Torres Strait Islanders; or (d) the land is reserved expressly for the benefit of Aboriginal peoples or Torres Strait Islanders; or (e) the land is specified in the regulations or the legislative rules. Note: For specification by class, see subsection 13(3) of the Legislation Act 2003. lease, in relation to land rights land, includes: (a) a lease enforceable in equity; and (b) a contract that contains a statement to the effect that it is a lease; and (c) anything that, at or before the time of its creation, is, for any purpose, by a law of the Commonwealth, a State or a Territory, declared to be or described as a lease. legislative rules means rules made under section 308. methodology determination has the meaning given by section 106. monitoring powers has the meaning given by section 199. monitoring warrant means a warrant issued under section 211. National Native Title Register has the same meaning as in the Native Title Act 1993. native title has the same meaning as in the Native Title Act 1993. native title holder has the same meaning as in the Native Title Act 1993. native title land: an area of land is native title land if there is an entry on the National Native Title Register specifying that native title exists in relation to the area. natural disturbance, in relation to an eligible offsets project, means any of the following events, where the event could not reasonably be prevented by the project proponent for the project: (a) flood; (b) bushfire; (c) drought; (d) pest attack; (e) disease; (f) an event specified in the regulations or the legislative rules. net total number of Australian carbon credit units issued in relation to an eligible offsets project in accordance with Part 2 has the meaning given by section 42. no double counting test has the meaning given by section 15A. nominee account means a Registry account designated as a nominee account under subsection 140(6). non‑Kyoto Australian carbon credit unit means an Australian carbon credit unit other than a Kyoto Australian carbon credit unit. officer has the same meaning as in the Corporations Act 2001. offsets integrity standards has the meaning given by section 133. offsets project means: (a) a sequestration offsets project; or (b) an emissions avoidance offsets project. For this purpose, it is immaterial whether the project has been carried out. offsets report means a report under section 76. open, in relation to a Registry account, has the same meaning as in the Australian National Registry of Emissions Units Act 2011. operation, in relation to a landfill facility, includes the subsistence of the landfill facility. paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise). Paris Agreement means the Paris Agreement, done at Paris on 12 December 2015, as amended and in force for Australia from time to time. Note: The Agreement is in Australian Treaty Series 2016 No. 24 ([2016] ATS 24) and could in 2022 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au). permanence period, in relation to an eligible offsets project, has the meaning given by section 86A. permitted carbon activity has the meaning given by paragraph 97(2)(b). person means any of the following: (a) an individual; (b) a body corporate; (c) a trust; (d) a corporation sole; (e) a body politic; (f) a local governing body. person assisting an inspector has the meaning given by section 200. premises includes the following: (a) a structure, building, vehicle, vessel or aircraft; (b) a place (whether or not enclosed or built on); (c) a part of a thing referred to in paragraph (a) or (b). prescribed means prescribed by the regulations or the legislative rules. prescribed eligible carbon unit means a prescribed unit that is issued under a scheme relating to either or both of the following: (a) the removal of one or more greenhouse gases from the atmosphere; (b) the avoidance of emissions of one or more greenhouse gases. It is immaterial whether a unit was issued in or outside Australia. A unit must not be prescribed for the purposes of this definition unless the unit represents carbon abatement that is able to be used to meet Australia's climate change targets under: (c) the Kyoto Protocol; or (d) the Paris Agreement; or (e) any other international agreement. project includes a set of activities. project area, in relation an area‑based offsets project, means an area of land on which the project has been, is being, or is to be, carried out. project proponent, in relation to an offsets project, means the person who: (a) is responsible for carrying out the project; and (b) has the legal right to carry out the project. Note 1: See also section 46 (registered native title bodies corporate). Note 2: See also section 135 (multiple project proponents). protected audit information means protected information that was obtained by a person in the person's capacity as: (a) an audit team leader; or (b) a person assisting an audit team leader. protected ERAC information means protected information that was obtained by a person in the person's capacity as: (a) an Emissions Reduction Assurance Committee member; or (b) a person assisting the Emissions Reduction Assurance Committee under section 269. protected information means information that: (a) was obtained after the commencement of this section by a person in the person's capacity as an entrusted public official; and (b) relates to the affairs of a person other than an entrusted public official. quarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October. regional natural resource management plan means a plan prepared by a regional natural resource management organisation. registered greenhouse and energy auditor has the same meaning as in the National Greenhouse and Energy Reporting Act 2007. registered holder, in relation to an Australian carbon credit unit, means the person in whose Registry account there is an entry for the unit. registered indigenous land use agreement means an indigenous land use agreement the details of which are entered on the Register of Indigenous Land Use Agreements. registered native title body corporate has the same meaning as in the Native Title Act 1993. Register of Indigenous Land Use Agreements has the same meaning as in the Native Title Act 1993. Registry means the Australian National Registry of Emissions Units continued in existence under the Australian National Registry of Emissions Units Act 2011. Registry account has the same meaning as in the Australian National Registry of Emissions Units Act 2011. Regulator means the Clean Energy Regulator. regulatory approval, in relation to an offsets project, means an approval, licence or permit (however described) that: (a) relates to, or to an element of, the project; and (b) is required under a law of the Commonwealth, a State or Territory that relates to: (i) land use or development; or (ii) the environment; or (iii) water. relevant carbon pool, in relation to a sequestration offsets project: (a) to the extent (if any) to which the project is a project to remove carbon dioxide from the atmosphere by sequestering carbon in particular living biomass—means the biomass; or (b) to the extent (if any) to which the project is a project to remove carbon dioxide from the atmosphere by sequestering carbon in particular dead organic matter—means the dead organic matter; or (c) to the extent (if any) to which the project is a project to remove carbon dioxide from the atmosphere by sequestering carbon in particular soil—means the soil. relevant land registration official: (a) in relation to an area‑based offsets project that is or was an eligible offsets project—means the Registrar of Titles or other proper officer of the State or Territory in which the project area, or any of the project areas, is situated; or (b) in relation to an area of land that is or was subject to a carbon maintenance obligation—means the Registrar of Titles or other proper officer of the State or Territory in which the area of land is situated. relinquish, in relation to an Australian carbon credit unit, means relinquish under section 175. reporting period for an eligible offsets project means a period that is expressed, in an offsets report about the project, to be a reporting period for the project. Note: See section 76. reviewable decision has the meaning given by section 240. Royal Commission has the same meaning as in the Royal Commissions Act 1902. scheme, when used in Part 22, means: (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or (b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved. Secretary means the Secretary of the Department. sequestration offsets project has the meaning given by section 54. special native title account means a Registry account designated as a special native title account under subsection 48(6). statutory authority of the Commonwealth, a State or a Territory, means an authority or body (including a corporation sole) established by or under a law of the Commonwealth, the State or the Territory (other than a general law allowing incorporation as a company or body corporate), but does not include: (a) an Aboriginal Land Trust established under the Aboriginal Land Rights (Northern Territory) Act 1976; or (b) the Wreck Bay Aboriginal Community Council established by the Aboriginal Land and Waters (Jervis Bay Territory) Act 1986; or (c) a corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006; or (d) an authority or body that is: (i) established by or under a law of the Commonwealth, a State or a Territory; and (ii) specified in the regulations or the legislative rules. Torrens system land: land is Torrens system land if the title to the land is registered under a Torrens system of registration. Torres Strait Islander has the same meaning as in the Native Title Act 1993. transfer, in relation to an Australian carbon credit unit, has the meaning given by section 151. trust means a person in the capacity of trustee or, as the case requires, a trust estate. trustee has the same meaning as in the Income Tax Assessment Act 1997. trust estate has the same meaning as in the Income Tax Assessment Act 1997. United Nations Convention on the Law of the Sea means the United Nations Convention on the Law of the Sea, done at Montego Bay on 10 December 1982. Note: The Convention is in Australian Treaty Series 1994 No. 31 ([1994] ATS 31) and could in 2014 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au). vacancy, in relation to the office of an Emissions Reduction Assurance Committee member, has a meaning affected by section 6. voluntary cancellation account has the same meaning as in the Australian National Registry of Emissions Units Act 2011. 6 Vacancy in the office of an Emissions Reduction Assurance Committee member For the purposes of a reference in: (a) this Act to a vacancy in the office of an Emissions Reduction Assurance Committee member; or (b) the Acts Interpretation Act 1901 to a vacancy in the membership of a body; there are taken to be 4 offices of member of the Emissions Reduction Assurance Committee in addition to the Chair of the Emissions Reduction Assurance Committee. 7 Electronic notice transmitted to the Regulator (1) For the purposes of this Act, a notice is an electronic notice transmitted to the Regulator if, and only if: (a) the notice is transmitted to the Regulator by means of an electronic communication; and (b) if the Regulator requires that the notice be transmitted, in accordance with particular information technology requirements, by means of a particular kind of electronic communication—the Regulator's requirement has been met; and (c) the notice complies with regulations or legislative rules made for the purposes of subsection (2). (2) The regulations or legislative rules may make provision for or in relation to the security and authenticity of notices transmitted to the Regulator by means of an electronic communication. (3) Regulations or legislative rules made for the purposes of subsection (2) may deal with: (a) encryption; and (b) authentication of identity. (4) Subsection (3) does not limit subsection (2). (5) For the purposes of this Act, if a notice is transmitted to the Regulator by means of an electronic communication, the notice is taken to have been transmitted on the day on which the electronic communication is dispatched. (6) Subsection (5) of this section has effect despite section 14A of the Electronic Transactions Act 1999. (7) This section does not, by implication, limit the regulations that may be made under the Electronic Transactions Act 1999. 7A Extended accounting period (1) For the purposes of this Act, if an eligible offsets project is an emissions avoidance offsets project of a kind specified in the legislative rules, the extended accounting period for the project is the period: (a) beginning immediately after the end of the crediting period, or the last of the crediting periods, for the project; and (b) ending at a time ascertained in accordance with the legislative rules. (2) Subsection (1) does not, by implication, affect the application of subsection 13(3) of the Legislation Act 2003 to another instrument under this Act. 8 Crown to be bound (1) This Act binds the Crown in each of its capacities. (2) This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence. (3) The protection in subsection (2) does not apply to an authority of the Crown. (4) The protection in subsection (2) does not apply to a penalty under section 179 or 180. 9 Extension to external Territories This Act extends to every external Territory. 9A Extension to exclusive economic zone and continental shelf (1) This Act extends to a matter relating to the exercise of Australia's sovereign rights in the exclusive economic zone or the continental shelf. (2) For the purposes of subsection (1), a reference in paragraph 27(4)(a) to Australia is to be read as if it included a reference to the exclusive economic zone and the continental shelf. 9B Application to foreign ships This Act does not apply to the extent that its application would be inconsistent with the exercise of rights of foreign ships in: (a) the territorial sea; or (b) the exclusive economic zone; or (c) waters of the continental shelf; in accordance with the United Nations Convention on the Law of the Sea. Part 2—Issue of Australian carbon credit units in respect of offsets projects Division 1—Introduction 10 Simplified outline The following is a simplified outline of this Part: • Australian carbon credit units may be issued in relation to an eligible offsets project. • The number of Australian carbon credit units issued will be worked out by reference to the relevant abatement amount calculated under the applicable methodology determination. • For sequestration offsets projects, a risk of reversal buffer and permanence period discount apply. Division 2—Issue of Australian carbon credit units in respect of offsets projects 11 Issue of Australian carbon credit units in respect of offsets projects Scope (1) This section applies if a certificate of entitlement is in force in respect of an eligible offsets project for a reporting period. Note: For certificate of entitlement, see section 15. Issue of units (2) If the project has resulted in eligible carbon abatement, the Regulator must, as soon as practicable after the day on which the certificate was issued, issue to the holder of the certificate a number of Kyoto Australian carbon credit units equal to the number specified in the certificate as the unit entitlement for that certificate. (3) If the project has not resulted in eligible carbon abatement, the Regulator must, as soon as practicable after the day on which the certificate was issued, issue to the holder of the certificate a number of non‑Kyoto Australian carbon credit units equal to the number specified in the certificate as the unit entitlement for that certificate. (5) The Regulator must not issue an Australian carbon credit unit to a person in accordance with subsection (2) or (3) unless the person has a Registry account. Note 1: See also section 49 (issue of Australian carbon credit units to registered native title bodies corporate). Note 2: See also section 141 (issue of Australian carbon credit units in relation to projects with multiple project proponents). (6) The Regulator must issue an Australian carbon credit unit to a person in accordance with subsection (2) or (3) by making an entry for the unit in the person's Registry account the account number of which is specified in the certificate. Note 1: See also section 49 (issue of Australian carbon credit units to registered native title bodies corporate). Note 2: See also section 141 (issue of Australian carbon credit units in relation to projects with multiple project proponents). Division 3—Certificate of entitlement 12 Application for certificate of entitlement After the end of a reporting period for an eligible offsets project, a person may apply to the Regulator for the issue to the person of a certificate of entitlement in respect of the project for the reporting period. Note 1: For eligible offsets project, see section 27. Note 2: For reporting period, see section 5. 13 Form of application (1) An application must: (a) be in writing; and (b) be in a form approved, in writing, by the Regulator; and (c) set out the account number of a Registry account of the applicant that should be specified in the certificate; and (d) be accompanied by such information as is specified in the regulations or the legislative rules; and (e) if, under the legislative rules, the application is subject to audit under this Act—be accompanied by an audit report that is: (i) prescribed by the legislative rules; and (ii) prepared by a registered greenhouse and energy auditor who has been appointed as an audit team leader for the purpose; and (ea) if: (i) under the legislative rules, a set of 2 or more applications made by the applicant is subject to audit under this Act; and (ii) the application is included in that set; be accompanied by an audit report that is: (iii) prescribed by the legislative rules; and (iv) prepared by a registered greenhouse and energy auditor who has been appointed as an audit team leader for the purpose; and (eb) if, before the application was given to the Regulator, the Regulator gave the applicant a written notice stating that the application would be subject to audit under this Act—be accompanied by an audit report that is: (i) prescribed by the legislative rules; and (ii) prepared by a registered greenhouse and energy auditor who has been appointed as an audit team leader for the purpose; and (ec) if a notice under section 77A is relevant to the application—be accompanied by a copy of that notice; and (f) be accompanied by the offsets report about the project for the relevant reporting period; and (g) be accompanied by such other documents (if any) as are specified in the regulations or the legislative rules; and (h) be accompanied by the fee (if any) specified in the regulations or the legislative rules. Note 1: See also section 49 (applications for certificates of entitlement by registered native title bodies corporate). Note 2: See also section 141 (applications for certificates of entitlement in relation to projects with multiple project proponents). (2) The Regulator must not give a notice under paragraph (1)(eb) unless the Regulator is satisfied that it is appropriate to do so, having regard to effective risk management. (4) The approved form of application may provide for verification by statutory declaration of statements in applications. (5) A fee specified under paragraph (1)(h) must not be such as to amount to taxation. 14 Further information (1) The Regulator may, by written notice given to an applicant, require the applicant to give the Regulator, within the period specified in the notice, further information in connection with the application. (2) If the applicant breaches the requirement, the Regulator may, by written notice given to the applicant: (a) refuse to consider the application; or (b) refuse to take any action, or any further action, in relation to the application. 15 Issue of certificate of entitlement Scope (1) This section applies if an application under section 12 has been made for the issue of a certificate of entitlement in respect of an eligible offsets project for a reporting period. Issue of certificate (2) If the Regulator is satisfied that: (a) the applicant passes the fit and proper person test; and (b) the applicant was, immediately before the end of the period: (i) the project proponent for the project; and (ii) identified in the relevant section 27 declaration as the project proponent for the project; and (c) if the project does not have an extended accounting period—the reporting period is included in a crediting period for the project; and (ca) if the proj