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NATURE CONSERVATION ACT 1992 - SECT 48
Variation or replacement of conservation agreements
48 Variation or replacement of conservation agreements
(1) The State and the landholders bound by a conservation agreement for a
nature refuge or coordinated conservation area (the
"earlier agreement" ) may enter into another conservation agreement for the
nature refuge or coordinated conservation area (the
"later agreement" ) that varies, or terminates and replaces, the
earlier agreement.
(2) The earlier agreement may be varied, for example—
(a) in the case of a nature refuge—by removing, at the request of the
landholder who entered into the agreement, a part of the nature refuge that,
in the Minister’s opinion, is no longer needed for, or capable of being used
to achieve, the declared management intent for the nature refuge; and
(b) in
the case of a coordinated conservation area—by removing a part of the
coordinated conservation area at the request of one of the landholders.
(3)
Section 45 (2) to (5) applies to the later agreement.
(3A) For a
later agreement for a coordinated conservation area, section 45 (2) to (5)
applies to the later agreement as if a reference to the nature refuge were a
reference to the coordinated conservation area.
(4) However, section 45 (2)
does not apply in relation to a person whose rights will only be affected by
the later agreement in the same way as by the earlier agreement.
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