CARBON CREDITS (CARBON FARMING INITIATIVE) ACT 2011 (NO. 101, 2011) - SECT 99 Revocation of declaration of carbon maintenance obligation--voluntary relinquishment of Australian carbon credit units
CARBON CREDITS (CARBON FARMING INITIATIVE) ACT 2011 (NO. 101, 2011) - SECT 99
Revocation of declaration of carbon maintenance obligation--voluntary relinquishment of Australian carbon credit unitsScope
(1) This section applies if:
(a) an area or areas of land are subject to a carbon maintenance obligation; and
(b) in the case of a single area--the area is not a project area for an eligible offsets project; and
(c) in the case of 2 or more areas--none of the areas is a project area for an eligible offsets project; and
(d) a person applies to the Administrator for the revocation of the relevant subsection 97(2) declaration; and
(e) if the project is an eligible Kyoto project:
(i) before the application was made, the applicant or another person voluntarily relinquished a number of Kyoto Australian carbon credit units in order to satisfy a condition for revocation of the declaration; and
(ii) the number of relinquished units equals the net total number of Australian carbon credit units issued in relation to the project in accordance with Part 2; and
(f) if the project is an eligible non-Kyoto project:
(i) before the application was made, the applicant or another person voluntarily relinquished a number of non-Kyoto Australian carbon credit units in order to satisfy a condition for revocation of the declaration; and
(ii) the number of relinquished units equals the net total number of Australian carbon credit units issued in relation to the project in accordance with Part 2.
Note 1: See also section 177 (transfer of certain units instead of relinquishment of Kyoto Australian carbon credit units).
Note 2: See also section 178 (transfer of certain units instead of relinquishment of non-Kyoto Australian carbon credit units).
Revocation
(2) The Administrator must, by writing, revoke the declaration.
Application
(3) An application under paragraph (1)(d) must:
(a) be in writing; and
(b) be in a form approved, in writing, by the Administrator.
Notification of revocation
(4) If the Administrator revokes the declaration, the Administrator must take all reasonable steps to ensure that a copy of the revocation is given to:
(a) the project proponent for the project; and
(b) each person who holds an eligible interest in the area, or any of the areas, of land; and
(c) a person specified in the regulations; and
(d) the relevant land registration official.
(5) A failure to comply with subsection (4) does not affect the validity of a variation or revocation.
Refusal
(6) If the Administrator decides to refuse to revoke the declaration, the Administrator must give written notice of the decision to the applicant.
Revocation is not a legislative instrument
(7) A revocation of the declaration is not a legislative instrument.