(1) The Biodiversity Conservation Trust is not to enter into a conservation agreement relating to land unless--(a) all the owners of the land are parties to the agreement or have consented in writing to the agreement, and(b) where the land (not being Crown land) is subject to a residential tenancy agreement or other lease, the tenant or the lessee has consented in writing to the conservation agreement, and(c) where the land is subject to a mortgage or charge, the mortgagee or chargee has consented in writing to the agreement, and(d) where the land is subject to a covenant, the Trust has consulted with the person entitled to the benefit of the covenant about the terms of the agreement, and(e) where the land is owned by a Local Aboriginal Land Council, the New South Wales Aboriginal Land Council has consented in writing to the agreement.
(2) The Biodiversity Conservation Trust may enter into a conservation agreement relating to land that is Crown land or lands of the Crown--(a) with a public authority (not being a Public Service agency) that owns or has the control and management of the land, or(b) if the land is under the control and management of a Public Service agency, with the responsible Minister.
(3) If a conservation agreement is entered into under subsection (2) by a public authority that is not the owner of the land concerned--(a) the agreement is taken to have been entered into on behalf of the owner of the land, and(b) a reference in this Division to the owner of the land (however expressed) includes, while a public authority has the control and management of the land, a reference to the public authority that has that control and management and, if the public authority is a Public Service agency, the responsible Minister.
(4) The Biodiversity Conservation Trust is not to enter into a conservation agreement relating to Crown-timber lands within the meaning of the Forestry Act 2012 except with the consent of the Minister administering that Act.
(5) The Biodiversity Conservation Trust is not to enter into a conservation agreement for Crown land except with the consent of the Minister administering the Crown Land Management Act 2016 .