Part 7Conserved areas

Part 7—Conserved areas Division 1—Sanctuaries and other conservation areas 96—Establishment of sanctuaries (1) The Minister may, by notice in the Gazette, declare land to be a sanctuary if the Minister is of the opinion that the declaration is desirable to conserve protected animals or native plants and— (a) where the land is reserved for or dedicated to a public purpose—the person to whom the care, control and management of that land has been committed has consented to a declaration under this section; or (b) where the land is private land, or is subject to a lease granted under the Crown Land Management Act 2009 or the Pastoral Land Management and Conservation Act 1989—the owner and occupier of the land have consented to a declaration under this section. (2) The declaration of land as a sanctuary under subsection (1) on or after 1 January 1994 is subject to native title existing when the declaration was made. (3) The Minister— (a) may repeal any declaration under this section; and (b) where private land, or land that is subject to a lease granted under the Crown Land Management Act 2009 or the Pastoral Land Management and Conservation Act 1989, constitutes a sanctuary, and the owner of that land, by instrument in writing, requests that the land should cease to be a sanctuary—must repeal the declaration under which that land is constituted as a sanctuary. (4) In this section— owner means— (a) in the case of private land that is held in fee simple—the holder of the estate in fee simple; or (b) in the case of land that is subject to a lease granted under the Crown Land Management Act 2009 or the Pastoral Land Management and Conservation Act 1989—the lessee under that lease. 97—Other conservation areas The regulations may establish, or set out processes for establishing, conservation areas on private land, with the consent of the owner of the land, and make provision in respect of the management of such areas. Division 2—Biodiversity agreements 98—Biodiversity agreements (1) The Minister may enter into a biodiversity agreement with the owner of land (including, to avoid doubt, where the Minister is the owner of the land) for the conservation, restoration or enhancement of biodiversity on the land. (2) A biodiversity agreement may contain such provisions as the Minister thinks fit including (without limiting the generality of this subsection) provisions to— (a) restrict the use of land to which it applies; and (b) require specified work or work of a specified kind to be carried out in accordance with specified standards on the land; and (c) restrict the nature of work that may be carried out on the land; and (d) provide for the management of the land, native plants on the land or any animals living on or visiting the land in accordance with a biodiversity management plan to be agreed from time to time between the Minister and the owner; and (e) provide for the period for or within which specified measures, actions or requirements are to be taken, undertaken or complied with; and (f) specify the term for which the agreement is to operate; and (g) in respect of an agreement deemed to operate in perpetuity— (i) provide for remission of rates or taxes in respect of the land; and (ii) provide for the Minister to pay to the owner of the land an amount in respect of the decrease in the value of the land resulting from the execution of the biodiversity agreement; and (h) provide for the Minister to pay to the owner of the land an amount as an incentive to enter into the biodiversity agreement. (3) If a biodiversity agreement specifies the term for which the agreement is to operate, the term of the agreement must not be for a period of less than 20 years. (4) If a biodiversity agreement does not specify the term for which the agreement is to operate, it is deemed to operate in perpetuity. (5) Subject to subsections (6) and (7), the Minister may, by agreement with the owner of the land to which a biodiversity agreement applies— (a) vary the biodiversity agreement, including to vary the term of the agreement (but not so as to reduce the term of the agreement to a period of less than 20 years from the commencement of the agreement); or (b) terminate the biodiversity agreement. (6) If a biodiversity agreement is deemed to operate in perpetuity in accordance with subsection (4), the agreement cannot be varied to include a term for which the agreement is to operate. (7) If a biodiversity agreement (the original agreement) is entered into in relation to a requirement under this Act that an environmental benefit be achieved by a person, the original agreement must not be varied or terminated if that variation or termination would prevent the achievement of the required environmental benefit in full, unless the variation or termination is as a consequence of some other agreement or arrangement under this Act being entered into for the conservation, restoration or enhancement of biodiversity on the land to which the original agreement applied that, in the opinion of the Council, offers the same or more protection for biodiversity on the land than the original agreement. (8) A biodiversity agreement attaches to the land and is, during the term for which the agreement operates, binding on the current owner of the land whether or not that owner was the person with whom the agreement was made. (9) A biodiversity agreement is, during the term for which the agreement operates and to the extent specified in the agreement, binding on the occupier of the land. (10) The Minister must not enter into, vary or terminate a biodiversity agreement under this section without first consulting and obtaining the approval of the Council. (11) If— (a) the Minister enters into a biodiversity agreement; or (b) the Minister varies a biodiversity agreement (including varying the term of the agreement); or (c) the Minister terminates a biodiversity agreement; or (d) the term of a biodiversity agreement, if specified in the agreement, expires, the Minister must inform the Registrar‑General of the agreement, or the variation, termination or expiry, in accordance with section 170. (12) A provision of a biodiversity agreement providing for the remission of rates or taxes has effect despite any law to the contrary. (13) The amount that the Minister agrees to pay in respect of the decrease in the value of the land referred to in subsection (2) must not exceed the amount of the decrease determined by the Valuer‑General. (14) Any money required by the Minister to meet the Minister's obligations under a biodiversity agreement entered into under this section must be paid from the Biodiversity Restoration Fund. (15) If, in the opinion of the Minister, a person to whom money from the Biodiversity Restoration Fund has been paid under a biodiversity agreement has contravened a term of the agreement, the Minister may serve written notice on that person demanding repayment of the amount paid or such lesser amount as is specified in the notice. (16) An amount demanded by the Minister under subsection (15) is a debt due by the person from whom it is demanded to the Minister and on recovery must be paid by the Minister into the Biodiversity Restoration Fund. (17) A court that is considering a claim for payment of a debt referred to in subsection (16) may refuse to order payment of all or part of the amount if, in its opinion, the person to whom the money was paid did not contravene the terms of the agreement. Division 3—Financial and other assistance 99—Financial and other assistance (1) An application may be made to the Council for financial or other assistance for 1 or more of the following purposes: (a) undertaking ecological restoration on land, including, but not limited to, restoring or establishing native plants on the land; (b) managing land, native plants growing or situated on land or any animals living on or visiting land; (c) preserving or enhancing native plants growing or situated on land; (d) undertaking research in relation to the conservation, restoration, enhancement or management of native plants growing or situated on land or of animals living on or visiting land; (e) to purchase land for the purpose of conserving, protecting or enhancing native plants growing or situated on the land; (f) to purchase land for the purpose of undertaking ecological restoration on the land, including, but not limited to, restoring or establishing native plants on the land. (2) An application must be made in a manner and form approved by the Council and must— (a) set out the applicant's proposals for the application of the assistance requested by the applicant; and (b) include any other information required by the Council. (3) The applicant's proposals must be based on Council guidelines referred to in section 174(2)(g). (4) In granting an application for assistance under this section, the Council must be satisfied that the land that is the subject of the application for financial assistance is, or will be, subject to a biodiversity agreement. (5) The Council may attach to a grant of assistance under this section such conditions as it thinks fit. (6) Money payable by way of financial assistance under this section must be paid from the Biodiversity Restoration Fund. (7) If, in the opinion of the Council, a person to whom the Council has granted financial assistance under this section— (a) contravenes a condition attached to the grant of the assistance; or (b) contravenes a term of a biodiversity agreement in respect of the relevant land; or (c) 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. (8) An amount demanded by the Council under subsection (7) is a debt due by the person from whom it is demanded to the Council and on recovery must be paid by the Council into the Biodiversity Restoration Fund. (9) A court that is considering a claim for payment of a debt referred to in subsection (8) 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 the person genuinely believed to be the conditions on which it was granted.