Part 12Management agreements

Part 12—Management agreements 219—Management agreements (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, with the owner of any land. (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 Part 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.