New South Wales Consolidated Acts

BIODIVERSITY CONSERVATION ACT 2016 - SECT 5.9

5.9 Requirements relating to entering into biodiversity stewardship agreements

(1) The Minister must not enter into a biodiversity stewardship agreement relating to land unless--

(a) all the owners of the land are parties 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 biodiversity stewardship 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 Minister has consulted with the person entitled to the benefit of the covenant about the terms of the agreement, and

(e) where the land is the subject of a mining lease or mineral claim under the Mining Act 1992 or a production lease under the Petroleum (Onshore) Act 1991 , the holder of the lease or claim has consented in writing to the agreement, and

(f) where the land is the subject of any mining or petroleum authority not referred to in paragraph (e), the Minister has consulted with the holder of the mining or petroleum authority about the terms of the agreement, and

(g) 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 Minister may enter into a biodiversity stewardship 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 biodiversity stewardship agreement is entered into under subsection (2) by a public authority that, or responsible Minister who, 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 Minister must not enter into a biodiversity stewardship 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 Minister must not enter into a biodiversity stewardship agreement for Crown land except with the consent of the Minister administering the Crown Land Management Act 2016 .