South Australian Current Acts

NATIVE VEGETATION ACT 1991 - SECT 25D

25D—Management agreements

        (1)         The Minister may enter into a management agreement with—

            (a)         an assignor of credit under section 25B; or

            (b)         an accredited third party provider of an environmental benefit under section 25C.

        (2)         A management agreement may contain such provisions for the management of the relevant native vegetation as the Minister thinks fit, including (without limiting the generality of this subsection)—

            (a)         requiring specified work or work of a specified kind to be carried out in accordance with specified standards on the land on which the relevant native vegetation is growing or situated (the "subject land"); and

            (b)         restricting the nature of work or other activities that may be carried out on the subject land.

        (3)         A management agreement attaches to the subject land and is binding on the current owner of the subject land whether or not that owner was the person with whom the agreement was made.

        (4)         The Minister may, by agreement with the owner of the subject land to which a management agreement applies, vary or terminate the agreement.

        (5)         A management agreement is, to the extent specified in the agreement, binding on the occupier of the subject land.

        (6)         The Minister must not enter into, vary or terminate a management agreement under this section without first consulting and obtaining the approval of the Council.

        (7)         If the Minister enters into a management agreement, or an agreement varying or terminating a management agreement, the Registrar-General must, on application by the Minister, note the agreement against the relevant instrument of title or, in the case of subject land not under the Real Property Act 1886 , against the land (and, subject to an appropriate application under this subsection, must ensure that the note is not removed once made).

        (8)         In this section—

"relevant native vegetation" means the native vegetation that is the subject of credit assigned under section 25B or that comprises the environmental benefit achieved, or to be achieved, by the accredited third party provider under section 25C (as the case requires).