(1) A consent under
this Division to the clearance of native vegetation is subject to such
conditions (if any) as the Council thinks fit to impose.
(2) Without limiting
subsection (1), consent may be subject to one or more of the following
conditions:
(a) a
condition requiring the applicant to—
(i)
establish vegetation consisting of a specified number of
plants of a specified species on specified land; and
(ii)
nurture, protect and maintain the plants until they are
fully established or for such period as the Council specifies;
(b) a
condition requiring the applicant to protect native vegetation growing or
situated on specified land;
(c) a
condition restricting the purposes for which land referred to in a condition
under paragraph (a)(i) or (b) can be used;
(d) a
condition requiring the applicant to destroy plants of a non endemic species
specified by the Council growing on land specified by the Council;
(e) a
condition that the applicant enter into a heritage agreement with the Minister
under this Act in the terms specified by the Council for the management of
specified native vegetation;
(f) a
condition requiring that a copy of the consent issued by the Council be kept
in such manner, and in any place, specified by the Council.
(3) Conditions imposed
on consent to clear native vegetation are binding on, and enforceable
against—
(a) the
applicant for the consent; and
(b) all
owners and subsequent owners of the land to be cleared and any other land to
which a condition relates; and
(c) an
occupier of the land to be cleared and any other person who acquires the
benefit of the consent.
(4) The Council must
inform the Registrar-General in writing of all conditions imposed under this
section that relate to land (including conditions under
subsection (2)(c)) and must provide the Registrar-General with such
further information as the Registrar-General requires to comply with
subsection (5).
(5) The
Registrar-General must note the conditions against the relevant instrument of
title for the land or, in the case of land not under the Real Property
Act 1886 , against the land.
(6) The
Registrar-General must, on the application of the Council after the variation
or revocation of a condition under this section, vary or cancel a note under
subsection (5) (but must otherwise ensure that the note is not removed
once made).