Nature Repair Act 2023 (Cth)

Nature Repair Act 2023

No. 121, 2023

Compilation No. 1

Compilation date: 14 October 2024

Includes amendments: Act No. 39, 2024

About this compilation

This compilation

This is a compilation of the Nature Repair Act 2023 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 of this Act 4 Simplified outline of this Act 5 Crown to be bound 6 Extension to external Territories 7 Definitions 8 Vacancy in the office of a Nature Repair Committee member 9 Electronic notice transmitted to the Regulator Part 2—Registered biodiversity projects Division 1—Introduction 10 Simplified outline of this Part Division 2—Registration of biodiversity project 11 Application for approval of registration of biodiversity project 12 Form of application 13 Further information 14 Withdrawal of application 15 Approval of registration of biodiversity project 16 Suspension of processing of applications for registrations of biodiversity projects 17 Registration may be subject to condition about obtaining regulatory approvals 18 Registration may be subject to condition about obtaining consents from eligible interest holders 18A Registration may be subject to condition about obtaining consent from registered native title body corporate Division 3—Variation of registration 19 Voluntary variation of registration of biodiversity project—change in identity of project proponent 20 Voluntary variation of registration of biodiversity project—changes in project area etc. 21 Voluntary variation of conditional registration of biodiversity project—condition of registration has been met 22 Procedures for voluntary variation of registration of biodiversity project Division 4—Cancellation of registration of biodiversity project Subdivision A—Voluntary cancellation of registration of biodiversity project 23 Voluntary cancellation of registration of biodiversity project—certificate in effect 24 Voluntary cancellation of registration of biodiversity project—no certificate in effect 25 Procedures for voluntary cancellation of registration of biodiversity project Subdivision B—Unilateral cancellation of registration of biodiversity project 26 Unilateral cancellation of registration of biodiversity project—condition of registration has not been met 27 Unilateral cancellation of registration of biodiversity project—project not commenced, or unlikely to result in issuing of biodiversity certificate 28 Unilateral cancellation of registration of biodiversity project—eligibility requirements not met etc. 29 Unilateral cancellation of registration of biodiversity project—project proponent ceases to be a fit and proper person 30 Unilateral cancellation of registration of biodiversity project—project proponent ceases to exist etc. 31 Unilateral cancellation of registration of biodiversity project—false or misleading information 32 Notice of unilateral cancellation of registration of biodiversity project Subdivision C—Cancellation of registration of biodiversity project at the end of the permanence period for the project 32A Cancellation of registration of biodiversity project at the end of the permanence period for the project Division 5—Excluded biodiversity projects 33 Excluded biodiversity projects Division 6—Permanence period 34 Permanence period Part 3—Multiple project proponents Division 1—Introduction 35 Simplified outline of this Part Division 2—References to project proponents 36 References to project proponents Division 3—Nominee of multiple project proponents 37 Nomination of nominee by multiple project proponents—nomination accompanying application 38 Nomination of nominee by multiple project proponents—other nominations 39 Revocation and cessation of nomination 40 Service of documents on nominee 41 Eligible voluntary action taken by nominee 42 Unilateral cancellation of registration of biodiversity project—failure of multiple project proponents to nominate a nominee Division 4—Obligations of multiple project proponents 43 Obligations of multiple project proponents Part 4—Methodology determinations Division 1—Introduction 44 Simplified outline of this Part Division 2—Methodology determinations Subdivision A—Making of methodology determinations 45 Methodology determinations 46 Civil penalties—requirements in methodology determination 47 Procedure for making a methodology determination Subdivision B—Variation of methodology determinations 48 Variation of methodology determinations 49 When variation takes effect Subdivision C—Duration, expiry and revocation of methodology determinations 50 Duration of methodology determinations 51 Revocation of methodology determinations 52 Consequences of methodology determination ceasing to have effect 53 Effect of methodology determination ceasing to have effect—applications for registration Subdivision D—Advice about making, varying or revoking methodology determinations 54 Advice by the Nature Repair Committee 55 Additional matters for the Nature Repair Committee to take into account Subdivision E—Consultation by the Nature Repair Committee 56 Consultation by the Nature Repair Committee Division 3—Biodiversity integrity standards 57 Biodiversity integrity standards Division 4—Biodiversity assessment instruments Subdivision A—Making of biodiversity assessment instruments 58 Biodiversity assessment instruments 59 Procedure for making a biodiversity assessment instrument Subdivision B—Variation of biodiversity assessment instruments 60 Variation of biodiversity assessment instruments 61 Procedure for varying a biodiversity assessment instrument Subdivision C—Revocation of biodiversity assessment instruments 62 Revocation of biodiversity assessment instruments 63 Procedure for revoking a biodiversity assessment instrument Subdivision D—Advice about making, varying or revoking biodiversity assessment instruments 64 Advice by the Nature Repair Committee 65 Consultation by the Nature Repair Committee 65A Additional matters for the Nature Repair Committee to take into account Part 5—Biodiversity certificates Division 1—Introduction 66 Simplified outline of this Part Division 2—Issue of biodiversity certificates 67 Application for biodiversity certificate 68 Form of application 69 Further information 70 Issue of biodiversity certificate 70A Correction of biodiversity certificate 71 Basis on which biodiversity certificates are issued Division 3—Property in biodiversity certificates 72 A biodiversity certificate is personal property 73 Ownership of biodiversity certificate 74 Transmission of biodiversity certificates 75 Registration of equitable interests in relation to biodiversity certificates 76 Equitable interests in relation to biodiversity certificates 76A Biodiversity certificates not to be used for environmental offsetting purpose Division 4—Cancellation of biodiversity certificate at the end of the permanence period for a registered biodiversity project 77 Cancellation of biodiversity certificate at the end of the permanence period for a registered biodiversity project Division 5—Cancellation of biodiversity certificate if registration of registered biodiversity project is cancelled 77A Cancellation of biodiversity certificate if registration of registered biodiversity project is cancelled Part 6—Purchase of biodiversity certificates by the Commonwealth Division 1—Introduction 78 Simplified outline of this Part Division 2—Biodiversity conservation contracts 79 Biodiversity conservation contracts 80 When biodiversity conservation contracts may be entered into 81 Secretary has powers etc. of the Commonwealth 82 Conferral of powers on the Secretary Division 3—Biodiversity conservation purchasing processes 83 Biodiversity conservation purchasing process 84 Conduct of biodiversity conservation purchasing processes Division 4—Miscellaneous 85 Rules may provide for certain matters relating to purchased biodiversity certificates 86 Certain instruments relating to Commonwealth procurement are not applicable 87 Biodiversity conservation contracts are not instruments made under this Act Part 7—Interests in land Division 1—Introduction 88 Simplified outline of this Part Division 2—Eligible interest in an area of land 89 Eligible interest in an area of land—Torrens system land 90 Eligible interest in an area of land—Crown land that is not Torrens system land 92 Eligible interest in an area of land—Aboriginal land council Division 3—Freehold land rights land 93 Regulator to notify Crown lands Minister of approval of registration of biodiversity project Division 4—Entries in title registers 94 Entries in title registers—general 95 Entries in title registers—biodiversity maintenance areas Part 8—Fit and proper person 96 Simplified outline of this Part 97 Fit and proper person—individuals 98 Fit and proper person—corporations 99 Fit and proper person—trusts 99A Fit and proper person—non‑corporate government bodies Part 9—Reporting and notification requirements Division 1—Introduction 100 Simplified outline of this Part Division 2—Reporting requirements Subdivision A—Category A biodiversity project reports 101 Category A biodiversity project reports—first report 102 Category A biodiversity project reports—subsequent reports 103 Requirements for category A biodiversity project reports Subdivision B—Category B biodiversity project reports 104 Category B biodiversity project reports Subdivision C—Alternative assurance agreements 104A Alternative assurance agreements Division 3—Notification requirements 105 Notification requirement—project proponent ceases to have right to carry out project 106 Notification requirement—withdrawal or cessation of regulatory approval 107 Notification requirement—death of project proponent 108 Notification requirement—methodology determinations 109 Notification requirement—reversal of biodiversity outcome 110 Notification requirement—event or conduct that causes, or is likely to cause, reversal of biodiversity outcome 111 Significant reversals in biodiversity outcomes—notification requirements 112 Notification requirement—event relevant to whether a project proponent is a fit and proper person 113 Notification requirement—variation of project plan 114 The rules may impose notification requirements Part 10—Information‑gathering powers 115 Simplified outline of this Part 116 Regulator may obtain information or documents 117 Copying documents—compensation 118 Copies of documents 119 Regulator may retain documents Part 11—Audits Division 1—Introduction 120 Simplified outline of this Part Division 2—Audits 121 Compliance audits 122 Other audits 123 Information‑gathering of audit team leaders and persons assisting audit team leaders Division 3—Audit information Subdivision A—Information 124 Meaning of audit information 125 Meaning of protected audit information Subdivision B—Secrecy 126 Secrecy—protected audit information Subdivision C—Disclosure or use of audit information 127 Disclosure or use for purposes of carrying out biodiversity audit or preparing biodiversity audit report etc. 128 Disclosure to the Regulator 129 Disclosure to Minister etc. 130 Disclosure to the Secretary etc. 131 Disclosure to reduce serious risk to life or health of individual 132 Disclosure to reduce serious risk to the environment 133 Disclosure to a court, tribunal etc 134 Disclosure of publicly available information 135 Disclosure with consent 136 Disclosure to person to whom audit information relates 137 Disclosure to person who provided audit information 138 Disclosure of statistics Part 12—Deposit of biodiversity certificates with the Regulator 139 Simplified outline of this Part 140 Application to approve the deposit of a biodiversity certificate with the Regulator 141 Approval of deposit of a biodiversity certificate with the Regulator 142 Deposit of a biodiversity certificate with the Regulator Part 13—Relinquishment requirements Division 1—Introduction 143 Simplified outline of this Part Division 2—Relinquishment notices 144 Relinquishment notice—false or misleading information 146 Relinquishment notice—reversal of biodiversity outcome other than due to natural disturbance or conduct etc. 147 Relinquishment notice—reversal of biodiversity outcome due to natural disturbance or conduct and no mitigation happens 147A Relinquishment notice—circumstances prescribed by the rules 148 Significant reversals in biodiversity outcomes—relinquishment requirements 149 Form and content of relinquishment notice Division 3—Complying with a relinquishment notice 150 Requirement for compliance with relinquishment notice 151 Compliance with relinquishment requirement—relinquishing equivalent biodiversity certificate or certificates 152 How biodiversity certificates are relinquished Part 14—Biodiversity maintenance declarations Division 1—Introduction 153 Simplified outline of this Part Division 2—Biodiversity maintenance declarations 154 Biodiversity maintenance declaration 155 Civil penalty for carrying out declared prohibited activity 156 When a biodiversity maintenance declaration ceases to be in force 157 Variation or revocation of biodiversity maintenance declaration 158 Revocation of biodiversity maintenance declaration—voluntary relinquishment of biodiversity certificate Part 15—Registers Division 1—Introduction 160 Simplified outline of this Part Division 2—Biodiversity Market Register 161 Biodiversity Market Register 162 Entries in the Register—registered biodiversity projects and former registered biodiversity projects 163 Requests for information about project area not to be set out in the Register 163A Requests for information about a project not to be set out in the Register 164 Entries in the Register—biodiversity certificates 165 Entries in the Register—accounts for holding biodiversity certificates 166 Suspension of operation of the Register 167 Rules may make provision in relation to the Register 168 Use and disclosure of information obtained from the Register Division 3—Online platform 169 Online Platform Part 16—Publication of information Division 1—Introduction 170 Simplified outline of this Part Division 2—Information about biodiversity certificates 171 Information about biodiversity certificates 172 Reports about activities of Regulator 173 Publication of concise description of the characteristics of biodiversity certificates 173A Information about market for biodiversity certificates Division 3—Information about biodiversity certificates purchased by the Commonwealth 174 Information about biodiversity conservation purchasing processes 175 Annual reports about purchases of biodiversity certificates Division 4—Information about relinquishment requirements 176 Information about relinquishment requirements 177 Information about relinquished certificates Part 17—Record‑keeping and project monitoring requirements Division 1—Introduction 178 Simplified outline of this Part Division 2—Record‑keeping requirements 179 Record‑keeping requirements—general 180 Record‑keeping requirements—preparation of biodiversity project report 181 Record‑keeping requirements—methodology determinations Division 3—Project monitoring requirements 182 Project monitoring requirements—methodology determinations Part 18—Enforcement Division 1—Introduction 183 Simplified outline of this Part 184 Appointment of inspectors Division 2—Monitoring powers 185 Monitoring powers 186 Modifications of Part 2 of the Regulatory Powers Act Division 3—Investigation powers 187 Investigation powers 188 Modifications of Part 3 of the Regulatory Powers Act Division 4—Civil penalty provisions 189 Civil penalty provisions Division 5—Infringement notices 190 Infringement notices Division 6—Enforceable undertakings 191 Enforceable undertakings Division 7—Injunctions 192 Injunctions Part 19—Nature Repair Committee Division 1—Introduction 193 Simplified outline of this Part Division 2—Establishment and functions of the Nature Repair Committee 194 Nature Repair Committee 195 Functions of the Nature Repair Committee 195A Request for review of methodology determinations 196 Nature Repair Committee may obtain advice 196A Nature Repair Committee must publish outcomes of reviews Division 3—Membership of the Nature Repair Committee 197 Membership of the Nature Repair Committee 198 Appointment of Nature Repair Committee members 199 Period for appointment for Nature Repair Committee members 200 Acting Nature Repair Committee members 201 Procedures 202 Disclosure of interests to the Minister 203 Disclosure of interests to the Nature Repair Committee 204 Other paid work 205 Remuneration 206 Leave of absence 207 Resignation 208 Termination of appointment 209 Other terms and conditions 210 Assistance to Nature Repair Committee 210A Application of the finance law Part 20—Review of decisions Division 1—Introduction 211 Simplified outline of this Part Division 2—Decisions of the Regulator 212 Reviewable decisions 213 Notice of decision and reconsideration rights to be given—decisions made by delegates of the Regulator 214 Applications for reconsideration of decisions made by delegates of the Regulator 215 Reconsideration by the Regulator 216 Deadline for reconsideration 217 Review by the Administrative Review Tribunal Part 21—Miscellaneous 218 Simplified outline of this Part 219 Miscellaneous functions of the Regulator 220 Treatment of trusts 221 Rules may provide for voluntary accreditation of advisers etc. 222 Information previously given to the Regulator 223 Delegation by the Minister 224 Delegation by the Secretary 225 Concurrent operation of State and Territory laws 226 Law relating to legal professional privilege not affected 227 Arrangements with States and Territories 228 Liability for damages 229 Executive power of the Commonwealth 230 Notional payments by the Commonwealth 231 Compensation for acquisition of property 232 Native title rights not affected 233 Racial Discrimination Act not affected 234 Administrative decisions under the rules 235 Revocation or variation of instruments 236 Review of operation of this Act etc. 237 Rules Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history