South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
(1) The Minister may
enter into an agreement (a "management agreement") relating to—
(a) the
protection, conservation, management, enhancement, restoration or
rehabilitation of any natural resources;
(b) any
other matter associated with furthering the objects of this Act,
(2) Without limiting
the operation of subsection (1)
, a management agreement may, with respect to the land to which it
relates—
(a)
require specified work or work of a specified kind be carried out on the land,
or authorise the performance of work on the land;
(b)
restrict the nature of any work that may be carried out on the land;
(c)
prohibit or restrict specified activities or activities of a specified kind on
the land;
(d)
provide for the care, control, management or operation of any infrastructure
or works;
(e)
provide for the management of any matter in accordance with a particular
management plan (which may then be varied from time to time by agreement
between the Minister and the owner of the land);
(f)
provide for the adoption or implementation of natural resources protection
measures or improvement programs;
(g)
provide for the testing or monitoring of any natural resources;
(h)
provide for financial, technical or other professional advice or assistance to
the owner of land with respect to any relevant matter;
(i)
provide for a remission or exemption in respect of a levy
under Chapter 5
;
(j)
provide for remission of rates or taxes in respect of the land;
(k)
provide for the Minister to pay to the owner of the land an amount as an
incentive to enter into the agreement.
(3) The Minister must
not enter into a management agreement that provides for the remission of any
council rates under subsection (2)(j)
unless the Minister has given the relevant council notice of the proposal to
provide for the remission and given consideration to any submission made by
the council within a period (of at least 21 days) specified by the
Minister.
(4) A term of
management agreement under subsection (2)(i)
or (j) has effect despite any other Act or law to the contrary.
(5) The
Registrar-General must, on the application of a party to a
management agreement, note the agreement against the relevant instrument of
title or, in the case of land not under the provisions of the Real
Property Act 1886 , against the land.
(6) A
management agreement has no force or effect under this Act until a note is
made under subsection (5)
.
(7) Where a note has
been entered under subsection (5)
, the agreement is binding on each owner of the land from time to time whether
or not the owner was the person with whom the agreement was made and despite
the provisions of the Real
Property Act 1886 , and on any occupier of the land.
(8) The
Registrar-General must, if satisfied on the application of the Minister or the
owner of the land that an agreement in relation to which a note has been made
under this section has been rescinded or amended, enter a note of the
rescission or amendment against the instrument of title, or against the land
(but must otherwise ensure that the note is not removed once made).
(9) Except to the
extent that the agreement provides for a remission or exemption under subsection (2)(i)
or (j), a management agreement does not affect the obligations of an owner or
occupier of land under any other Act.
(10) The existence of
a management agreement may be taken into account when assessing an application
for a licence, permit or other authorisation under this Act.
(11) A
management agreement cannot derogate from the operation of a Mining Act or
from the exercise of a right under a tenement granted under a Mining Act.