1Name#
This instrument is the Nature Repair Amendment (Environmental Offsets and Other Measures) Rules 2026.
2Commencement#
(1)Each provision of this instrument 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 |
| Provisions | Commencement | Date/Details |
| 1. The whole of this instrument | The day after this instrument is registered. |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2)Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
4 Schedules#
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1
Nature Repair Rules 2024#
1 Section 5
Insert:
protected matter means a matter relating to the environment that may be subject to environmental offsetting requirements (however described) under a law of the Commonwealth, a State or a Territory, and includes a matter protected by a provision of Part 3 of the Environment Protection and Biodiversity Conservation Act 1999.
registered as offset-capable: a registered biodiversity project is registered as offset-capable if:
(a)the notice of approval of registration states that the biodiversity certificate for the project is intended to be used for an environmental offsetting purpose; and
(b)notice has not been given under paragraph 73(2)(f) that the biodiversity certificate for the project is no longer intended to be used for an environmental offsetting purpose.
relevant offset decision-maker: if a registered biodiversity project may be used to meet an environmental offsetting requirement (however described) under a law of the Commonwealth, a State or a Territory, the relevant offset decision-maker for the project is the person or body responsible for determining whether the project meets that requirement.
2 At the end of section 11
Add:
Information and documents about environmental offsetting
(8)If:
(a)under the methodology determination that will cover the biodiversity project, the biodiversity certificate may be used for an environmental offsetting purpose; and
(b)the project proponent intends to use the biodiversity certificate for the project for an environmental offsetting purpose;
the following information and documents in relation to the project are specified:
(c)a statement that the biodiversity certificate for the project is intended to be used for an environmental offsetting purpose;
(d)a statement as to which protected matter is, or which attributes of which protected matter are, nominated for use for an environmental offsetting purpose.
3 At the end of subsection 12(2)
Add:
; (d) if the application includes the information and documents mentioned in paragraphs 11(8)(c) and (d):
(i)under the methodology determination (the applicable methodology determination) that will cover the project, the biodiversity certificate may be used for an environmental offsetting purpose; and
(ii)any requirements set out in the applicable methodology determination for the purposes of subparagraph 45(1)(ea)(ii) of the Act are met.
4 Subsection 13(1)
Omit “and (f)”, substitute “, (f) and (g)”.
5 At the end of subsection 13(1)
Add:
; and (c) specifies other matters that must be set out in the notice.
6 At the end of section 13
Add:
(4)If the requirements mentioned in paragraph 12(2)(d) are met, the other matters are as follows:
(a)that the biodiversity certificate for the project is intended to be used for an environmental offsetting purpose;
(b)which protected matter, or which attributes of which protected matter, are nominated for use for an environmental offsetting purpose.
7 At the end of paragraph 29(3)(c)
Add:
and (v) if the project is registered as offset-capable—evidence that requirements relating to the use of the biodiversity certificate in respect of the project for an environmental offsetting purpose have been met;
8 Paragraph 29(3)(d)
Repeal the paragraph, substitute:
(d)for an application made under paragraph (1)(b):
(i)a statement that no biodiversity certificate has been issued in respect of the project; and
(ii)if the project is registered as offset-capable—evidence that the project proponent has notified the relevant offset decision-maker for the project that an application is being made for the registration of the project to be cancelled;
9 At the end of paragraph 30(2)(a)
Add:
(iii)if the project is registered as offset-capable—any requirements relating to the use of the biodiversity certificate in respect of the project for an environmental offsetting purpose have been met; and
10 Paragraph 30(2)(b)
Repeal the paragraph, substitute:
(b)if the application is to cancel the registration of the project, in the circumstance that a biodiversity certificate has not been issued in respect of the project:
(i)no biodiversity certificate has been issued in respect of the project; and
(ii)if the project is registered as offset-capable—the applicant has notified the relevant offset decision-maker for the project that an application is being made for the registration of the project to be cancelled; and
11 At the end of subsection 31(2)
Add:
; and (e) if the project is registered as offset-capable—the relevant offset decision-maker for the project.
12 At the end of subsection 43(2)
Add:
; and (e) if the project is registered as offset-capable—the relevant offset decision-maker for the project.
13 At the end of Part 5
Add:
60A Biodiversity certificates—use for offsetting purposes#
For the purposes of paragraph 76A(1)(c) of the Act, the requirement is that the registered biodiversity project is registered as offset-capable.
14 At the end of subsection 73(2) (before the note)
Add:
; (f) if the project is registered as offset-capable—the proponent no longer intends for the biodiversity certificate for the project to be used for an environmental offsetting purpose;
(g)if the project is registered as offset capable—the biodiversity certificate for the project has been used for an environmental offsetting purpose and, if so, how it has been used.
15 At the end of subsection 80(2)
Add:
; (t) whether the project is registered as offset-capable;
(u)if the project is registered as offset-capable:
(i)any conditions to which the ability to use the biodiversity certificate for the project for an environmental offsetting purpose is subject; and
(ii)the protected matter, or the attributes of the protected matter, nominated for use for an environmental offsetting purpose; and
(iii)relevant data related to the protected matter, or the attributes of the protected matter, nominated for use for an environmental offsetting purpose;
(v)if the biodiversity certificate for the project is used for an environmental offsetting purpose:
(i)details on how the certificate has been used; and
(ii)the regulatory identifier that indicates the relevant action or project the impact of which is being offset by the project; and
(iii)the protected matter, or the attributes of the protected matter, that have been used for an environmental offsetting purpose;
(w)if the project is secured by other mechanisms that provide legal protections—details of those other mechanisms.
Note: For the purposes of paragraph (w), the National Environmental Standard (Environmental Offsets) 2026 provides that, in securely protecting offset activities, legal protections (such as conservation covenants) should be used where available and feasible where the offset activity is a direct offset.
Schedule 2
Nature Repair Rules 2024#
1 Section 5
Insert:
ecosystem score for a project means a score (however described) referred to in the methodology determination that covers the project and that relates to the biodiversity of the project, or the project area or activity area for the project.
Note: Examples of ecosystem scores for a project include the starting ecosystem condition scores for each activity area for the project and the forecast aggregate ecosystem score for the project.
PLANR means the Department’s Platform for Land and Nature Repair database, as it exists from time to time.
Note: In 2026, the database could be accessed at https://planr.gov.au.
2 After paragraph 20(2)(e)
Insert:
(ea)the matters (if any) specified for the purposes of this paragraph in the methodology determination that covers the project are met; and
3 Subsection 35(2)
Omit “and (n)”, substitute “, (m), (n) and (o)”.
4 Paragraph 63(2)(l)
Omit “statutory declaration”, substitute “statement”.
5 Subsection 69(2)
After (g)”, insert “, (k)”.
6 After Part 12
Insert:
75A Operation of this Part#
For the purposes of Part 13 of the Act, this Part makes provision for or in relation to the relinquishment of biodiversity certificates.
75B Notice of intention to give a relinquishment notice#
(1)This section applies if:
(a)a biodiversity certificate has been issued in relation to a biodiversity project; and
(b)the Regulator intends to give a relinquishment notice in relation to the biodiversity certificate; and
(c)the holder of the biodiversity certificate is not the project proponent for the biodiversity project.
(2)The Regulator must give written notice of the intention to give a relinquishment notice in relation to the biodiversity certificate to the holder of the certificate.
75C Notice that relinquishment notice has been given#
(1)This section applies if:
(a)a biodiversity certificate has been issued in relation to a biodiversity project; and
(b)the Regulator gives a relinquishment notice in relation to the biodiversity certificate.
(2)The Regulator must give written notice of that fact to the relevant offset decision-maker for the project.
75D Content of relinquishment notices#
For the purposes of paragraph 149(b) of the Act, a relinquishment notice must:
(a)explain the reason for issuing the relinquishment notice; and
(b)set out the findings on any material questions of fact; and
(c)refer to the evidence or other material on which findings on any material questions of fact are based; and
(d)set out the project proponent’s obligations to comply with the notice, the period within which it must be complied with and the consequences of a failure to comply with the notice; and
(e)set out the rights of review available to the project proponent under the Act; and
(f)include any other information the Regulator considers relevant.
7 After paragraph 80(2)(q)
Insert:
126 When information or documents need not be provided under this instrument#
(1)This section applies if a person is required to provide information or a document as identity evidence to the Regulator under this instrument.
(2)The person is not required to provide the information or document to the Regulator under this instrument if the person has previously provided the information or document (or certified copy of the document) in accordance with the registration requirements under a climate change law.
Note: For information previously given to the Regulator under the Act, the Carbon Credits (Carbon Farming Initiative) Act 2011 or legislative instruments made under either of those Acts, see section 222 of the Act.
(3)In this section:
climate change law means the laws mentioned in the definition of climate change law in the Clean Energy Regulator Act 2011, other than the Carbon Credits (Carbon Farming Initiative) Act 2011 or legislative instruments under the Carbon Credits (Carbon Farming Initiative) Act 2011.
Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.