New South Wales Consolidated Acts

BIODIVERSITY CONSERVATION ACT 2016 - SECT 5.30

5.30 Duration and variation of wildlife refuge agreements

(1) A wildlife refuge agreement has effect from a day, or on the happening of an event, specified in the agreement.

(2) A wildlife refuge agreement may be varied by a subsequent agreement between the Biodiversity Conservation Trust and all the owners of the land at the time of the variation. The area to which the wildlife refuge agreement applies may be increased or reduced by any such variation of the agreement.

(3) A wildlife refuge agreement has effect until it is terminated--

(a) by a subsequent agreement between the Biodiversity Conservation Trust and all the owners of the land at the time of the termination, or

(b) subject to the terms of the agreement, by the Trust, by notification in the public register of private land conservation agreements under Part 9, without the consent of the owners of the land, or by any of those owners by notice in writing served on the Trust.

(4) The Minister may direct the Biodiversity Conservation Trust to vary or terminate a wildlife refuge agreement if a mining or petroleum authority is or has been granted in respect of the land and the Minister is of the opinion that the activity authorised by the mining or petroleum authority--

(a) will adversely affect any management actions that may be carried out on the land under the agreement, or

(b) will adversely affect biodiversity protected by the agreement.

The Trust is required to comply with the Minister's direction.

(5) The owner of land subject to a wildlife refuge agreement is not entitled to any compensation from the Minister or the Biodiversity Conservation Trust as a result of the variation or termination of the agreement.

(6) Subsection (5) does not affect any right to compensation the owner may have under the Mining Act 1992 , the Petroleum (Onshore) Act 1991 or any other legislation in respect of the grant of the mining or petroleum authority or to activities carried out under the authority.

(7) The regulations may authorise the Biodiversity Conservation Trust and the owners of the land concerned to make minor variations to a wildlife refuge agreement without any consent or consultation required by this section.