AustLII Tasmanian Consolidated Acts

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ENVIRONMENTAL MANAGEMENT AND POLLUTION CONTROL ACT 1994 - SECT 29

Effect of environmental agreements

(1)  Subject to this section, an environmental agreement must not have effect to relieve a party to the agreement from any duty under this or any other Act, and any obligations imposed under such an agreement have effect in addition to and not in derogation of the requirements imposed by or under this or any other Act.
(2)  Subject to subsection (1) , an environmental agreement has effect as a contract binding on the parties to the agreement.
(3)  An environmental agreement must not require or allow anything to be done which would contravene a planning scheme, an interim order, an environmental licence or a permit.
(4)  An environmental agreement may not –
(a) make provision for any grant or remission of any fees, rates or taxes payable to the Crown, except with the prior approval of the Treasurer; or
(b) make provision for any grant or remission of any fees, rates or taxes payable to a council, except with the prior approval of the council.
(5)  Any provision for remission of fees, rates or taxes made by an environmental agreement in accordance with this section will have effect according to its terms and notwithstanding the provisions of any other Act.
(6)  An environmental agreement remains in force for a maximum period of 5 years from the date of its commencement.


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