Purpose:

The Act establishes a national voluntary framework for projects aimed at enhancing or protecting biodiversity in native species across Australia.

Objectives:

• To promote the enhancement and protection of biodiversity in native species in Australia.
• To contribute to meeting Australia’s international obligations in relation to biodiversity, including the Biodiversity Convention.
• To contribute to meeting Australia’s domestic goal of no new extinctions.
• To promote engagement and co-operation of market participants (including Aboriginal persons and Torres Strait Islanders, governments, the community, landholders and private enterprise) in the enhancement or protection of biodiversity in native species in Australia.
• To support and promote the unique role of Aboriginal persons and Torres Strait Islanders in enhancing and protecting biodiversity in native species in Australia, and to enable the use of their knowledge related to biodiversity in native species in Australia, guided by the owners of that knowledge.
• To contribute to building a knowledge base, and capacity, related to the enhancement or protection of biodiversity in native species in Australia.

Key Provisions:

• Establishment of a national voluntary framework for projects to enhance or protect biodiversity in native species.
• Provision for the registration of biodiversity projects on the Biodiversity Market Register.
• Requirement for registered biodiversity projects to be covered by a methodology determination, which specifies how a project is to be carried out and the circumstances for issuing a biodiversity certificate.
• Mechanism for the Minister to make biodiversity assessment instruments that prescribe requirements for methodology determinations to comply with biodiversity integrity standards.
• Establishment of biodiversity certificates, representing the biodiversity outcome a project is designed to achieve, as personal property that can be transferred.
• Imposition of obligations on project proponents, including compliance with methodology determination requirements, reporting, notification, record-keeping, and monitoring.
• Conferral of enforcement powers on the Clean Energy Regulator, including civil penalties, powers to require project audits, powers to require project proponents to relinquish biodiversity certificates, and the power to make biodiversity maintenance declarations prohibiting certain activities in a project area.
• Establishment and functions of the Nature Repair Committee to advise the Minister and Secretary on matters related to biodiversity projects, methodology determinations, and biodiversity assessment instruments.
• Provisions for the purchase of biodiversity certificates by the Commonwealth through biodiversity conservation contracts.
• Stipulation of eligible interests in land that may require consent for project registration and maintenance, and provisions for entries in title registers.

Evidence of Compliance Requirements For Agricultural Organisations:

• Application for Registration of Biodiversity Project:
  • Submission: Submit an application in writing, on an approved form, to the Regulator (Clean Energy Regulator). The application must specify the proposed project area, all proposed project proponents, the applicable methodology determination, the proposed activity period (if any) as per the methodology, and the proposed permanence period (Type A: 25 years; Type B: 100 years; Type C: as per methodology determination). The application must also include other information and documents specified in the rules and the applicable methodology determination.
  • Audit Report: If required by rules or the applicable methodology determination, the application must be accompanied by a prescribed audit report prepared by a registered greenhouse and energy auditor appointed as an audit team leader.
  • Consent Evidence: Provide evidence that each proposed project proponent (if multiple) consents to being a project proponent.
  • Indigenous Land Use Agreement: Provide a copy of relevant parts of any registered indigenous land use agreement if applicable.
  • Project Plan: If required by the applicable methodology determination, submit a project plan outlining how the project will be carried out and achieve its biodiversity outcome, consistent with the methodology determination.
  • Fee: Pay any application fee specified in the rules.
  • Verification: Be prepared for statements in the application to require verification by statutory declaration.
  • Further Information: Provide any further information requested by the Regulator within the specified period (not shorter than 14 days) to avoid refusal to consider the application.
• Fit and Proper Person Status: Maintain fit and proper person status as defined by the Act. This involves ongoing assessment of convictions (dishonesty, fraud, environment, climate change, work health/safety, Criminal Code offences), pecuniary penalties, contraventions of relevant Acts (Nature Repair Act 2023, Carbon Credits (Carbon Farming Initiative) Act 2011, National Greenhouse and Energy Reporting Act 2007, Australian National Registry of Emissions Units Act 2011), solvency status, and the conduct of executive officers or trustees (for corporations and trusts).
• Project Area Requirements and Consents:
  • Ensure the project area consists of Torrens system land, Crown land, Australian waters, or a combination, and is not specified as excluded by the rules.
  • Land Holder Consent: If the project area includes Torrens system land, the project proponent must hold an estate in fee simple or a prescribed legal estate/interest, or a lease consistent with the project, OR obtain written consent from the fee simple holder or prescribed legal estate/interest holder.
  • Native Title Body Corporate Consent: If the project area includes a native title area with a registered native title body corporate, either the project proponent must be that body corporate, or obtain written consent from the body corporate for the project to be carried out and/or registered. Consents must be in a Regulator-approved form or set out in a registered indigenous land use agreement.
• Compliance with Methodology Determination:
  • Activity Compliance: Comply with specified requirements to carry out activities within the project area for the project’s purposes. Civil penalty: 2,000 penalty units for failure to comply.
  • Prohibited Activities: Comply with specified requirements to ensure certain activities are not carried out in the project area by the project proponent or any other person. Civil penalty: 2,000 penalty units for failure to comply, unless all reasonable steps were taken to prevent the activity.
  • Measurement and Assessment: Adhere to conditions and requirements for the measurement and assessment of biodiversity enhancement or protection, including providing clear indications of the level of certainty and confidence.
  • Estimates and Projections: If estimates or projections are involved, disclose the assumptions, methods, and level of certainty, and ensure the estimates are conservative.
• Application for Biodiversity Certificate:
  • Timeliness: Apply only after conditions set out in the methodology determination are met and after the time determined by the methodology determination.
  • Content: The application must be in writing, on an approved form, and include information specified in the rules and the methodology determination.
  • First Category A Report: Must be accompanied by the first Category A biodiversity project report.
  • Audit Report: If subject to audit, must be accompanied by a prescribed audit report prepared by a registered greenhouse and energy auditor.
  • Fees and Documents: Include any required fee and other documents specified in the rules and the methodology determination.
  • Further Information: Provide any further information requested by the Regulator within the specified period.
  • Condition Fulfillment: Ensure all conditions of project registration (e.g., obtaining regulatory approvals, consents from eligible interest holders/native title body corporate) have been met before a certificate can be issued.
• Reporting Requirements:
  • Category A Biodiversity Project Reports:
    • First Report: Submit with the application for a biodiversity certificate, covering the period from project registration to within 6 months of the application.
    • Subsequent Reports: Give subsequent Category A reports to the Regulator for each reporting period (not shorter than 6 months, not longer than 5 years, unless rules specify otherwise) for the remainder of the project’s permanence period.
    • Deadline: Submit subsequent reports within 6 months after the end of the reporting period, or a greater number of months if specified in the methodology determination.
    • Format & Content: Reports must be in the manner and form prescribed by rules and contain information specified in rules and the methodology determination.
    • Audit: If required by rules, methodology determination, or Regulator’s notice, reports must be accompanied by a prescribed audit report from a registered greenhouse and energy auditor. This requirement is exempted if an Alternative Assurance Agreement is in force.
    • Civil Penalty: Failure to submit subsequent Category A reports incurs a civil penalty of 200 penalty units, with an additional 5% of the maximum penalty per day for continuing contravention.
  • Category B Biodiversity Project Reports:
    • Submit Category B reports for each reporting period prescribed by rules if a biodiversity certificate has not yet been issued for the project.
    • Format & Content: Reports must be in the manner and form prescribed by rules and set out information specified in rules and the methodology determination.
    • Audit: If required, reports must be accompanied by a prescribed audit report from a registered greenhouse and energy auditor. This requirement is exempted if an Alternative Assurance Agreement is in force.
    • Deadline: Submit reports within the period ascertained in accordance with the rules.
    • Civil Penalty: Failure to submit Category B reports incurs a civil penalty of 200 penalty units, with an additional 5% of the maximum penalty per day for continuing contravention.
  • Alternative Assurance Agreements: If an alternative assurance agreement is entered into with the Regulator, comply with all its measures. Civil penalty: 200 penalty units, with an additional 5% of the maximum penalty per day for continuing contravention.
• Notification Requirements (Timeframes & Penalties):
  • Cessation of Right to Carry Out Project: Notify the Regulator in writing within 90 days of ceasing to have a right necessary to carry out the project. Civil penalty: 200 penalty units, plus 5% per day of continuing contravention.
  • Withdrawal/Cessation of Regulatory Approval: Notify the Regulator in writing within 90 days of any regulatory approval required for the project being withdrawn or ceasing to have effect. Civil penalty: 200 penalty units, plus 5% per day of continuing contravention.
  • Methodology Determination Notifications: Comply with any specific notification requirements outlined in the methodology determination for the project. Civil penalty: 60 penalty units, plus 5% per day of continuing contravention.
  • Significant Reversal of Biodiversity Outcome: Notify the Regulator in writing within 60 days of becoming aware of a significant reversal of the biodiversity outcome. Civil penalty: 200 penalty units, plus 5% per day of continuing contravention. Rules may define “significant reversal.”
  • Event/Conduct Causing Reversal: Notify the Regulator in writing within 60 days of becoming aware of a natural disturbance or conduct (by project proponent or other person) that causes or is likely to cause a significant reversal of the biodiversity outcome. Civil penalty: 200 penalty units, plus 5% per day of continuing contravention.
  • Fit and Proper Person Status Event: Notify the Regulator in writing within 90 days of any event (e.g., conviction, insolvency) relevant to the project proponent’s fit and proper person status, excluding breaches of this Act or climate change law. Civil penalty: 200 penalty units, plus 5% per day of continuing contravention.
  • Project Plan Variation: If the project plan is varied and the variation is not minor, notify the Regulator in writing of the details and effective date, and provide a copy of the varied plan, within 60 days after the variation takes effect. Civil penalty: 60 penalty units, plus 5% per day of continuing contravention. If the variation is minor, provide a copy of the varied plan within 60 days if required by the Regulator. Civil penalty: 60 penalty units, plus 5% per day of continuing contravention.
  • Other Rules-Based Notifications: Comply with any other notification requirements specified in the rules within the prescribed period. Civil penalty: 60 penalty units, plus 5% per day of continuing contravention.
• Information-Gathering Compliance:
  • Provide any information or documents required by the Regulator via written notice, within the specified period (not shorter than 14 days) and in the specified manner and form. Civil penalty: 60 penalty units, plus 5% per day of continuing contravention for non-compliance.
• Audit Requirements:
  • Provide Assistance: Provide the audit team leader and any persons assisting with all reasonable facilities and assistance necessary for their duties, including complying with requests for information or documents. Civil penalty: 60 penalty units for non-compliance.
  • Compliance Audits (Regulator-required): If the Regulator suspects a contravention, the project proponent may be required to appoint a registered greenhouse and energy auditor (either chosen or Regulator-specified), arrange an audit on specified compliance aspects, obtain a written audit report, and submit it to the Regulator by a specified date. Civil penalty: 200 penalty units, plus 5% per day of continuing contravention for non-compliance.
• Relinquishment of Biodiversity Certificates:
  • If a relinquishment notice is issued (e.g., due to false information, significant biodiversity outcome reversal, or other rules-prescribed circumstances), comply with the notice by relinquishing the original biodiversity certificate or one or more equivalent biodiversity certificates.
  • Deadline: Compliance must occur within 6 months after the notice is given, though one extension of up to 6 months may be granted by the Regulator.
  • Method: Relinquish certificates by submitting an electronic notice to the Regulator, specifying the certificate(s), the reason for relinquishment, and the associated Register account number.
  • Civil Penalty: Failure to comply with a relinquishment notice incurs a civil penalty of 2,000 penalty units, or twice the market value of the certificate if determinable.
• Biodiversity Maintenance Declarations:
  • If a biodiversity maintenance declaration is made for a project area (due to non-compliance with relinquishment), do not carry out any specified “declared prohibited activity” in that area. Civil penalty: 2,000 penalty units.
• Record-Keeping Requirements:
  • General: If required by rules, make records of specified information relevant to the Act and retain the record (or a copy) for 7 years after it is made. Civil penalty: 200 penalty units for non-compliance.
  • Biodiversity Project Reports: If required by rules, retain records (or copies) used to prepare a biodiversity project report for 7 years after the report was submitted to the Regulator. Civil penalty: 200 penalty units for non-compliance.
  • Methodology Determinations: Comply with any specific record-keeping requirements imposed by the methodology determination that covers the project. Civil penalty: 200 penalty units for non-compliance.
• Project Monitoring Requirements:
  • Comply with any project monitoring requirements imposed by the methodology determination that covers the project. Civil penalty: 200 penalty units for non-compliance.
• Register-related Requirements:
  • Comply with rules requiring project proponents or account holders to notify the Regulator of specified events related to their Register accounts. Civil penalty: 200 penalty units.
  • Do not use or disclose information obtained from the Register to contact or send material to another person, unless rules specify an exception. Civil penalty: 200 penalty units.

Metadata Keywords:

Nature Repair Act, Biodiversity, Australia, Environmental Markets, Biodiversity Certificates, Land Management, Regulatory Compliance, Clean Energy Regulator, Native Species, Agriculture

Publication Information:

Compilation date: 14 October 2024 Act No. 121, 2023 Compilation No. 1

Agricultural Industry Alignment:

Beef & Veal, Chicken, Coarse Grains, Cotton, Dairy, Eggs, Fisheries, Forestry, Horticulture, Oilseeds, Pig, Sheep Meat, Sugar, Wheat, Wine, Wool.

Date Added to database:

This document was parsed and added to the database on 25-07-2025

URL:

https://www.legislation.gov.au/C2023A00121/2024-10-14/2024-10-14/text/original/pdf →