To be a project proponent under the Nature Repair Market scheme, you must have the right to carry out your project.
Once you’ve decided to run a project and identified the project area, you need to either:
have the right to carry out the project on that land
have received consent to carry out the project on that land.
This ensures projects aren’t registered on land without the landholder’s knowledge and consent.
When you don’t need consent
You don’t need to get consent if you’re a proponent of a project located on Torrens system land, and you hold one of the following:
an estate in fee simple in the land – that is, you own the land
a lease over the relevant land that is consistent with the project activities being carried out on the land
another legal estate or interest in the land prescribed by the Nature Repair Rules 2024.
When you need consent
There are different situations where you might need to get consent, including:
if you don’t have the appropriate legal estate or interest in Torrens system land
where there is native title area
where there is an eligible interest-holder.
Your project may be conditionally registered if you register your project without all consents. This means we won’t issue your project a biodiversity certificate until you provide us with all outstanding consents.
Land interest-holder consent
You need to get consent when a project proponent for the project area:
is not the landowner
is not the leaseholder
does not hold another legal estate or interest as prescribed by the Nature Repair Rules 2024.
You can use the land interest-holder consent form to obtain this consent. The use of this form is optional, but if consent is required, you will need to demonstrate to us that you have gained consent.
Native title area consent
You need to get consent from the Registered Native Title Body Corporate if the project is on determined native title area and you are not the Registered Native Title Body Corporate.
Native title refers to the rights and interests First Nations people have in land and waters based on their traditional laws. The process for recognising native title rights and interests is set out in the Native Title Act 1993.
The Registered Native Title Body Corporate must give consent for you to register and carry out the project. If they consent to you registering the project but have not yet provided consent to you carrying out the project, we can register it with a condition that you provide evidence of this consent before we can issue your project a certificate. More information is available in the consent form.
To check whether your project area is on native title area, use the National Native Title Tribunal’s Native Title Vision mapping tool.
Methods may also specify extra consents and engagement for projects on native title land. Make sure you review the relevant method requirements.
Eligible interest-holder consent
An eligible interest-holder is any person or organisation that has a legal interest in the project land. They might include, for example:
banks or mortgagees
Crown Lands Ministers of the state and territory.
A list of eligible interest-holders is in sections 89 to 92 of the Nature Repair Act 2023.
There may be more than one eligible interest-holder in your project area.
You can provide eligible interest-holder consent after project registration. However, we will register your project with a condition that you provide consent before we can issue a biodiversity certificate.
You don't need a form if consent is already in a registered Indigenous Land Use Agreement (made and registered under the Native Title Act 1993).
How to show consent
To show consent, you must have each party sign a separate consent form. You can then submit the forms when you apply to register your project in Online Services. If applicable, you also need to apply to remove the condition on your registration.