New South Wales Repealed Acts

This legislation has been repealed.

THREATENED SPECIES CONSERVATION ACT 1995 - SECT 127H

127H Variation of agreements

(1) A biobanking agreement may be varied:

(a) by a subsequent agreement between the Minister and the owners (for the time being) of the biobank site concerned, or

(b) by the Minister, without the consent of the owners, where that variation is authorised by this Part.

(2) The Minister must not agree to any variation of a biobanking agreement with the owners of the biobank site unless:

(a1) if the land is subject to a residential tenancy agreement or other lease, the tenant or the lessee has consented in writing to the variation, and

(a) if the land is subject to a mortgage or charge, the mortgagee or chargee has consented in writing to the variation, and

(b) if the land is subject to a covenant, the Minister has consulted with the person entitled to the benefit of the covenant about the variation, and

(c) if 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 variation, and

(d) if the land is the subject of any mining authority or petroleum title not referred to in paragraph (c), the Minister has consulted with the holder of the mining authority or petroleum title about the variation.

Note : Subsection (2) (c) applies in respect of any mining lease under the Mining Act 1992 that is granted over the land. This may include a mining lease granted over the subsoil of the land or over parts of the subsoil of the land.

(3) The Minister must not agree to any variation of a biobanking agreement unless satisfied that the variation does not have a negative impact on the biodiversity values protected by the agreement or that other measures required by the Minister have been taken by the owner of the biobank site to offset any such negative impact.

(4) For the purposes of subsection (3), the required measures may include one or more of the following:

(a) the cancellation of credits created in relation to the biobank site,

(b) the retirement of credits created in relation to another biobank site.

(5) If a biobank site consists of more than one parcel of land, the Minister may consent to the variation of a biobanking agreement so as to terminate its application in respect of any single parcel of land, and the provisions of this section apply in respect of any such variation.

(6) The regulations may prescribe a procedure for applying for the consent of the Minister to a variation of an agreement, including by requiring a fee to be paid in respect of an application.

(7) In this section, a reference to a person entitled to the benefit of a covenant includes, in the case of a covenant imposed under section 88D or 88E of the Conveyancing Act 1919 , a reference to a prescribed authority (within the meaning of those sections) or a person entitled to exercise, on behalf of the Crown, the functions of a prescribed authority under those sections.