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Carbon Credits (Carbon Farming Initiative) Bill 2011

Part 10 Multiple project proponents

Division 1 Introduction

134   Simplified outline

                   The following is a simplified outline of this Part:

•      If there are multiple project proponents for an offsets project, a reference in this Act to the project proponent is to be read as a reference to each of the project proponents.

•      Multiple project proponents for an offsets project may nominate a nominee for the purposes of:

               (a)     the service of documents; and

              (b)     the taking of eligible voluntary actions (for example, the making of an application).

•      If there are multiple project proponents for an offsets project, obligations are imposed on each of the proponents, but may be discharged by any of the proponents.



 

Division 2 References to project proponents

135   References to project proponents

Sequestration offsets projects

             (1)  If:

                     (a)  an offsets project is a sequestration offsets project; and

                     (b)  there are 2 or more persons (the multiple project proponents ) who:

                              (i)  have joint responsibility for carrying out the project; and

                             (ii)  jointly have the legal right to carry out the project; and

                            (iii)  jointly hold the applicable carbon sequestration right in relation to the project area, or each of the project areas;

then:

                     (c)  for the purposes of this Act, each of the multiple project proponents is a project proponent for the project; and

                     (d)  a reference in:

                              (i)  this Act; or

                             (ii)  the regulations; or

                            (iii)  another instrument made under this Act;

                            to the project proponent for the offsets project is to be read as a reference to each of the multiple project proponents.

Emissions avoidance offsets projects

             (2)  If:

                     (a)  an offsets project is an emissions avoidance offsets project; and

                     (b)  there are 2 or more persons (the multiple project proponents ) who:

                              (i)  have joint responsibility for carrying out the project; and

                             (ii)  jointly have the legal right to carry out the project;

then:

                     (c)  for the purposes of this Act, each of the multiple project proponents is a project proponent for the project; and

                     (d)  a reference in:

                              (i)  this Act; or

                             (ii)  the regulations; or

                            (iii)  any other instrument under this Act;

                            to the project proponent for the offsets project is to be read as a reference to each of the multiple project proponents.



 

Division 3 Nominee of multiple project proponents

136   Nomination of nominee by multiple project proponents

Scope

             (1)  This section applies to an offsets project if there are 2 or more project proponents (the multiple project proponents ) for the project.

Nomination

             (2)  The multiple project proponents may, by joint written notice given to the Administrator, nominate one of them as being their nominee in relation to the offsets project.

             (3)  The joint written notice must be in a form approved, in writing, by the Administrator.

             (4)  A notice under subsection (2) may accompany an application under this Act or the regulations. In this case, the nomination is taken to have been given immediately before the application was made.

Revocation of nomination

             (5)  If:

                     (a)  a person has been nominated under subsection (2) in relation to an eligible offsets project; and

                     (b)  one of the project proponents for the eligible offsets project, by written notice given to the Administrator, revokes the nomination;

the nomination ceases to be in force.

Cessation of nomination—nominee ceases to be a project proponent

             (6)  If:

                     (a)  a person has been nominated under subsection (2) in relation to an eligible offsets project; and

                     (b)  the nominee ceases to be one of the project proponents for the eligible offsets project;

the nomination ceases to be in force.

137   Service of documents on nominee

Scope

             (1)  This section applies if there are 2 or more project proponents (the multiple project proponents ) for an offsets project.

Service of documents

             (2)  For the purposes of this Act, if:

                     (a)  the multiple project proponents have nominated a nominee under subsection 136(2) in relation to the project; and

                     (b)  the nomination is in force; and

                     (c)  a document relating to the eligible offsets project is required or permitted by this Act to be given to the project proponent; and

                     (d)  the document is given to the nominee;

the document is taken to have been given to each of the multiple project proponents.

138   Eligible voluntary action taken by nominee

Scope

             (1)  This section applies if there are 2 or more project proponents (the multiple project proponents ) for an offsets project.

Eligible voluntary action to be taken by nominee

             (2)  If:

                     (a)  the multiple project proponents have nominated a nominee under subsection 136(2) in relation to the project; and

                     (b)  the nomination is in force; and

                     (c)  the nominee takes an eligible voluntary action; and

                     (d)  the application, nomination, request or notice to which the eligible voluntary action relates is expressed to be made, withdrawn or given, as the case may be, on behalf of the multiple project proponents;

this Act and the regulations have effect as if:

                     (e)  the application, nomination, request or notice to which the eligible voluntary action relates were made, withdrawn or given, as the case may be, by the multiple project proponents jointly; and

                      (f)  if the eligible voluntary action is the making of an application under section 22 for the declaration of an offsets project as an eligible offsets project—each reference in subparagraphs 27(4)(h)(vii) and (i)(v) to the applicant holding the applicable carbon sequestration right in relation to the project were a reference to the multiple project proponents jointly holding the applicable carbon sequestration right in relation to the project; and

                     (g)  if the eligible voluntary action is the making of an application, under regulations made for the purposes of subsection 29(1), for the variation of the declaration of an eligible offsets project—each reference (if any) in those regulations to the applicant holding the applicable carbon sequestration right in relation to the varied project were a reference to the multiple project proponents jointly holding the applicable carbon sequestration right in relation to the varied project; and

                     (h)  if the eligible voluntary action is the making of an application—a reference in this Act or the regulations (other than a reference mentioned in paragraph (f) or (g)) to the applicant were a reference to each of the multiple project proponents.

             (3)  The multiple project proponents are not entitled to take an eligible voluntary action except in accordance with subsection (2).

139   Unilateral revocation of declaration of eligible offsets project—failure of multiple project proponents to nominate a nominee

             (1)  The regulations may make provision for and in relation to empowering the Administrator to revoke a declaration under section 27 in relation to an offsets project.

             (2)  Regulations made for the purposes of subsection (1) must not empower the Administrator to revoke a declaration unless:

                     (a)  there are 2 or more project proponents (the multiple project proponents ) for the offsets project; and

                     (b)  a declaration is in force under section 27 in relation to the project; and

                     (c)  the multiple project proponents have nominated a person under subsection 136(2); and

                     (d)  the nomination ceases to be in force; and

                     (e)  90 days pass, and no new nomination under subsection 136(2) is made by the multiple project proponents.

             (3)  Regulations made for the purposes of subsection (1) must require the Administrator to consult the multiple project proponents before deciding to revoke a declaration.

140   Designation of nominee account

Scope

             (1)  This section applies if:

                     (a)  there are 2 or more project proponents (the multiple project proponents ) for an eligible offsets project; and

                     (b)  the multiple project proponents have nominated a nominee under subsection 136(2) in relation to the project; and

                     (c)  the nomination is in force.

Request for nominee account

             (2)  The nominee may:

                     (a)  request the Administrator, under regulations made for the purposes of subsection 10(1) of the Australian National Registry of Emissions Units Act 2011 , to open a Registry account in the name of the nominee; and

                     (b)  request the Administrator to designate that account as the nominee account for the eligible offsets project.

             (3)  A request under paragraph (2)(b) must:

                     (a)  be in writing; and

                     (b)  be in a form approved, in writing, by the Administrator; and

                     (c)  be accompanied by such information as is specified in the regulations; and

                     (d)  be accompanied by such other documents (if any) as are specified in the regulations; and

                     (e)  be accompanied by the fee (if any) specified in the regulations.

             (4)  The approved form of request may provide for verification by statutory declaration of statements in requests.

             (5)  A fee specified under paragraph (3)(e) must not be such as to amount to taxation.

Designation of nominee account

             (6)  After considering a request under paragraph (2)(b), the Administrator may designate the Registry account as the nominee account for the eligible offsets project.

141   Issue of Australian carbon credit units to nominee account

Scope

             (1)  This section applies if there are 2 or more project proponents (the multiple project proponents ) for an eligible offsets project.

Application for issue of Australian carbon credit units

             (2)  If:

                     (a)  the multiple project proponents have nominated a nominee under subsection 136(2) in relation to the project; and

                     (b)  the nomination is in force; and

                     (c)  a nominee account for the project is kept in the name of the nominee; and

                     (d)  the nominee makes an application under section 12 for the issue of a certificate of entitlement in respect of the project for a reporting period;

paragraph 13(1)(c) does not apply to the application.

Note:          Paragraph 13(1)(c) requires the application to set out the account number of a Registry account.

Issue of Australian carbon credit units

             (3)  If:

                     (a)  the multiple project proponents have nominated a nominee under subsection 136(2) in relation to the project; and

                     (b)  the nomination is in force; and

                     (c)  a nominee account for the project is kept in the name of the nominee; and

                     (d)  apart from this subsection, the Administrator is required under section 11 to issue one or more Australian carbon credit units to the multiple project proponents in relation to the eligible offsets project;

then:

                     (e)  the Administrator must comply with the requirement by issuing the units to the nominee and making an entry for the units in the nominee account; and

                      (f)  subsections 11(5) and (6) do not apply to the issue of the units.

             (4)  If:

                     (a)  no nomination made by the multiple project proponents under subsection 136(2) in relation to the project is in force; and

                     (b)  apart from this subsection, the Administrator is required under section 11 to issue one or more Australian carbon credit units to the multiple project proponents in relation to the eligible offsets project;

the Administrator must not issue the units.

142   Units held in nominee account

Scope

             (1)  This section applies to a Registry account that has been designated as the nominee account for an eligible offsets project.

Units held in account

             (2)  Australian carbon credit units held in the nominee account are held on trust for the persons who are, for the time being, the project proponents for the project.

143   Instructions in relation to nominee account

Scope

             (1)  This section applies to a Registry account that has been designated as the nominee account for an eligible offsets project.

Instructions by nominee

             (2)  A person is not entitled to give instructions under:

                     (a)  this Act; or

                     (b)  the Australian National Registry of Emissions Units Act 2011 ;

to the Administrator in relation to the nominee account unless:

                     (c)  the account is kept in the name of the person; and

                     (d)  the person has been nominated as a nominee under subsection 136(2) in relation to the project; and

                     (e)  the nomination is in force.

             (3)  If an instruction complies with subsection (2), the instruction is taken to have been given on behalf of the project proponents for the project.

144   Updating nominee account details on change of nominee

Scope

             (1)  This section applies if:

                     (a)  there are 2 or more project proponents (the multiple project proponents ) for an eligible offsets project; and

                     (b)  the multiple project proponents have nominated a nominee under subsection 136(2) in relation to the project; and

                     (c)  a nominee account for the project is kept in the name of the nominee; and

                     (d)  the nomination ceases to be in force; and

                     (e)  a new nomination of a nominee (the new nominee ) is made under subsection 136(2).

Updating account details

             (2)  As soon as practicable after receiving the new nomination, the Administrator must make the necessary alterations in the Registry to substitute the name of the new nominee for the name of the old nominee.



 

Division 4 Obligations of multiple project proponents

145   Obligations of multiple project proponents

Scope

             (1)  This section applies if:

                     (a)  there are 2 or more project proponents (the multiple project proponents ) for the eligible offsets project; and

                     (b)  any of the following:

                              (i)  this Act;

                             (ii)  the regulations;

                            (iii)  another instrument made under this Act;

                            imposes an obligation on the project proponent for the project.

Obligations of project proponent

             (2)  The obligation is imposed on each of the multiple project proponents, but may be discharged by any of the multiple project proponents.

             (3)  The regulations may exempt a specified obligation from the scope of subsection (2).