ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 308 Variation and termination of conservation agreements

Commonwealth Numbered Acts

Variation and termination of conservation agreements

(1): A conservation agreement may be varied by a variation agreement entered into by the Minister, on behalf of the Commonwealth, and the person or persons bound by the conservation agreement under paragraph 307(b) or (c).
(2): Sections 305 and 306 apply in relation to variation agreements in the same way as they apply in relation to conservation agreements.
(3): A conservation agreement may be terminated:

(a): by agreement between the Minister, on behalf of the Commonwealth, and the person or persons bound by the conservation agreement under paragraph 307(b) or (c); or
(b): in such other manner, or in such circumstances (if any), as the agreement specifies.

(4): If the Minister is satisfied that a conservation agreement is not capable of achieving its purpose, the Minister may, by order published in the Gazette , terminate the agreement or vary it in any way the Minister thinks necessary to ensure it becomes capable of achieving its purpose.
(5): The Minister may make an order under subsection (4) in relation to a conservation agreement without the agreement of the person or persons bound by the conservation agreement under paragraph 307(b) or (c).
(6): The Minister must cause a copy of an order to be laid before each House of the Parliament within the prescribed period after the publication of the order.
(7): If a conservation agreement is varied by an order, the person or persons bound by the conservation agreement under paragraph 307(b) or (c) may, by written notice given to the Minister, terminate the agreement.
(8): If a conservation agreement is terminated or varied by an order, the person or persons bound by the conservation agreement under paragraph 307(b) or
(c): are not entitled to any compensation in respect of the termination or variation.

: Note: See Parts 17 and 18 for remedies for breach of conservation agreements.

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