221WContents of joint management agreements

221W Contents of joint management agreements

221W Contents of joint management agreements

(1) A joint management agreement is to contain terms, binding on all parties, that—

(a) identify the threatened species, population or ecological community to which the agreement applies, and

(b) identify the action that it manages, controls, regulates or restricts, and

(c) state its objective (for example, maintenance of a habitat in a state that will contribute to the long-term survival of the species, population or ecological community), and

(d) state the way in which the objective is to be achieved, and

(e) specify the measures by which progress towards achieving the objective is to be assessed, and

(f) identify the parties who are responsible for the implementation of those measures.

(2) A joint management agreement entered into with a local council or a consent authority (within the meaning of the Environmental Planning and Assessment Act 1979) is void to the extent to which it fetters any discretion of the local council or consent authority in the granting or refusal of a consent or approval under the Environmental Planning and Assessment Act 1979 or the Local Government Act 1993.

(3) A joint management agreement under this Act and a joint management agreement within the meaning of the Biodiversity Conservation Act 2016 may be combined into a single document if both agreements deal with the same subject-matter.

s 221W: Ins 1997 No 153, Sch 1 [9]. Am 2008 No 86, Sch 1 [3]; 2016 No 63, Sch 11.2 [5].