A project proponent is the person responsible for a project under the Nature Repair Market scheme.
If you're planning to run a project, it's important to consider who will act as the project proponent.
You must choose a project proponent before you:
apply to register a project
enter into any agreement with third parties for your project.
What is a project proponent
A project proponent is the party who has the right to carry out your biodiversity project.
A project proponent is legally responsible for:
carrying out the project
meeting all obligations under the law.
If the project proponent fails to meet their legal obligations, there can be serious consequences:
We may cancel the project.
The project proponent might have to return the project’s biodiversity certificate.
The project proponent might be subject to civil penalties or criminal proceedings.
Choosing a project proponent
If you own the land or are a leaseholder, you can choose to:
be the project proponent
appoint a third party to be the project proponent.
If you choose to be the project proponent, you will be responsible for:
carrying out the project
meeting all obligations for the life of your project.
Using an agent
You can be the project proponent and still engage someone else as an agent for your project.
An agent will act on your behalf according to the terms of your agreement with them. They might:
submit project reports
apply for the biodiversity certificate
deal with us on your behalf.
You might decide to engage an agent if you want to control the project but don't have the technical expertise or administrative resources to manage it.
You must authorise an agent to act on your behalf, like an arrangement with a tax agent. If you engage an agent, you are still legally responsible for carrying out the project and meeting all obligations. You also keep ultimate control of the project. We will issue you the biodiversity certificate generated by your project.
You should get your own legal advice before you engage an agent or sign any agreement. We can't intervene in any disputes between you and your agent.
Multiple project proponents
If your project has 2 or more project proponents, you must appoint a nominee. The nominee will be our primary contact.
To appoint a nominee, you must provide us with a signed nominee consent form when you register your project. Everyone who applies to be a project proponent must complete this form when there are multiple project proponents.
You can appoint a third party to be the project proponent.
If you choose someone else as the project proponent, they will:
control the project
be legally responsible for carrying out the project and meeting all obligations
apply for a biodiversity certificate.
Fit and proper person test
Before a person can be a project proponent, we assess whether they have the capability, competency, capacity and good character to:
run the project
comply with the requirements.
The project proponent must complete a fit and proper person test when registering to participate in our schemes. Once registered as a participant, they can apply to register the project and act as the project proponent.
The fit and proper person test protects the integrity of our schemes. Eligibility requirements for each scheme may differ. The fit and proper person test considers:
a person’s past compliance with the law
whether a person is insolvent
whether a person has the capabilities and competence to fulfil their scheme role.
Find out more about our Fit and Proper Person posture.