24—Assistance to landowners
(1) An owner of land
that is subject to a heritage agreement may apply to the Council for financial
or other assistance in—
(a)
managing the land, native vegetation on the land or any animals living on or
visiting the land;
(b)
preserving or enhancing native vegetation on the land;
(c)
establishing native vegetation on the land;
(d)
undertaking research in relation to the preservation, enhancement or
management of native vegetation on the land or of animals living on or
visiting the land.
(1a) An owner of land
in relation to which a proposal has been approved by the Council under
Division 2 may apply to the Council for financial assistance in establishing
native vegetation on the land in accordance with the proposal.
(2) An application
must be in a form approved by the Council and must set out the applicant's
proposals for the application of the assistance requested by the applicant.
(3) The applicant's
proposals must be based on guidelines adopted by the Council under this Part.
(4) The Council may
grant an application for assistance subject to such conditions as it thinks
fit including, in the case of an application under subsection (1), the
execution of an agreement varying the heritage agreement in a manner approved
by the Council.
(5) Money payable by
way of financial assistance under this section must be paid from the Fund.
(6) Where, in the
opinion of the Council, a person to whom the Council has granted financial
assistance under this section—
(a)
contravenes or fails to comply with a condition attached to the grant of the
assistance; or
(b)
fails, within a reasonable time, to apply the amount granted for the purpose
for which it was granted,
the Council may serve written notice on that person demanding repayment of the
amount granted or such lesser amount as is specified in the notice.
(7) An amount demanded
by the Council under subsection (6) is a debt due by the person from whom
it is demanded to the Council and upon recovery must be paid by the Council
into the Fund.
(8) A court that is
considering a claim for payment of a debt referred to in subsection (7)
may refuse to order payment of all or part of the amount claimed if, in its
opinion, the person to whom the financial assistance was granted has applied
it in accordance with the conditions on which it was granted or in accordance
with what he or she genuinely believed to be the conditions on which it was
granted.