Victorian Current Acts

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CONSERVATION, FORESTS AND LANDS ACT 1987 - SECT 70

Content of agreements

    (1)     An agreement may contain any of the following terms—

        (a)     restricting the use of the land;

        (b)     requiring the land owner to refrain from activity, or activity of a specified kind, that would adversely affect the land or imposing conditions upon which any such activity takes place;

S. 70(1)(c) amended by No. 76/1998 s. 3(1)(t).

        (c)     requiring the land owner to carry out, or requiring the Secretary to carry out, specified works for the management, use, development, preservation or conservation of flora and fauna upon the land;

S. 70(1)(d) amended by No. 76/1998 s. 3(1)(t).

        (d)     requiring the land owner to permit the Secretary to inspect the land;

S. 70(1)(e) amended by No. 76/1998 s. 3(1)(t).

        (e)     requiring the land owner to indemnify the Secretary in respect of, or contribute towards, the cost incurred by the Secretary in carrying out works in respect of the land;

S. 70(1)(f) amended by No. 76/1998 s. 3(1)(t).

        (f)     specifying the manner in which a grant, loan or other assistance provided by the Secretary must be applied by the land owner;

S. 70(1)(g) amended by No. 76/1998 s. 3(1)(t).

        (g)     requiring the land owner to repay any amount paid to the land owner by the Secretary on terms and conditions (including terms and conditions as to interest) specified in the agreement;

S. 70(1)(h) amended by No. 76/1998 s. 3(1)(t).

        (h)     requiring the land owner to pay to the Secretary an amount specified in the agreement if on the land owner's part there is a breach of a kind specified in the agreement;

              (i)     requiring that the land owner allow public access to and across the land of the land owner;

S. 70(1)(j) amended by No. 76/1998 s. 3(1)(t).

        (j)     requiring the land owner to obtain insurance to indemnify the Secretary against specified activities in relation to the land of the land owner, to insure against liabilities and actions in tort in relation to the land of the land owner and to obtain other forms of insurance or assurance that are specified in the agreement;

S. 70(1)(k) amended by No. 76/1998 s. 3(1)(t).

        (k)     requiring that the Secretary provide the land owner with advice, financial or other assistance including compensation for loss of income arising out of the performance of the agreement;

        (l)     requiring that the whole or part of the land of the land owner be a flora or fauna sanctuary;

S. 70(1)(m) amended by No. 76/1998 s. 3(1)(t).

        (m)     requiring the Secretary to pay to the land owner an amount representing the whole or a part of any rates paid or payable in respect of the land;

S. 70(1)(ma) inserted by No. 96/1994 s. 49(2)(b), amended by No. 38/1995 s. 20(b).

        (ma)     providing that in the case of an agreement with the Trust for Nature (Victoria), the land to which the agreement applies is to be managed as if it were Crown land, and for the application to that land of any Act, subordinate instrument or other law relating to Crown land;

        (n)     providing for any other matter (whether like or unlike any of the foregoing) relating to the management, use, development, preservation or conservation of the land or that are necessary to be provided for to give effect to the objects or purposes of a relevant law.

S. 70(2) inserted by No. 96/1994 s. 49(2)(c), amended by No. 38/1995 s. 20(c).

    (2)     An agreement entered into with the Trust for Nature (Victoria) under section 69(1) does not authorise the doing of anything which would not be consistent with any trust, condition, covenant or other restriction relating to the use of that land.



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