Part 4Heritage agreements, proposals for revegetation and financial and other assistance

Part 4—Heritage agreements, proposals for revegetation and financial and other assistance Division 1—Heritage agreements 23—Heritage agreements (1) The Minister may enter into a heritage agreement with the owner of land— (a) where native vegetation is growing or situated and the Minister considers that provision should be made for the preservation or enhancement of the native vegetation; or (b) where the land has been re-vegetated with plants of one or more species indigenous to the local area so as to be representative of a naturally occurring plant community and the Minister considers, after having regard to the Regional Biodiversity Plan or Plans (if any) approved by the Minister, and associated pre-European vegetation mapping (if any) undertaken by the Minister, that apply in the vicinity of the relevant land, that provision should be made for the preservation or enhancement of that vegetation. (2) A heritage agreement attaches to the land and is binding on the current owner of the land whether or not that owner was the person with whom the agreement was made. (3) The Minister may, by agreement with the owner of the land to which a heritage agreement applies, vary or terminate the agreement. (4) A heritage agreement is, to the extent specified in the agreement, binding on the occupier of the land. (5) The Minister must not enter into, vary or terminate a heritage agreement under this section without first consulting and obtaining the approval of the Council. 23A—Effect of heritage agreement (1) A heritage agreement may contain any provision for the preservation or enhancement of native vegetation. (2) A heritage agreement may, for example— (a) restrict the use of land to which it applies; (b) require specified work or work of a specified kind to be carried out in accordance with specified standards on the land; (c) restrict the nature of work that may be carried out on the land; (d) provide for the management of the land, native vegetation on the land or any animals living on or visiting the land in accordance with a particular management plan or in accordance with management plans to be agreed from time to time between the Minister and the owner; (e) provide for remission of rates or taxes in respect of the land; (f) 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 heritage agreement and noting by the Registrar-General of the fact that it has come into force; (g) provide for the Minister to pay to the owner of the land an amount as an incentive to enter into the heritage agreement. (3) A term of a heritage agreement providing for the remission of rates or taxes has effect despite any law to the contrary. (4) 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. (5) Any money required by the Minister to meet his or her obligations under a heritage agreement entered into under this section must be paid to the Minister from the Fund. 23B—Registration of heritage agreements (1) The Council must keep a register of heritage agreements entered into under this Act and must include in the register any agreement varying or terminating a heritage agreement. (2) The register must be kept available for public inspection at the office of the Council during ordinary office hours. (3) When the Minister enters into a heritage agreement, or an agreement varying or terminating a heritage agreement, the Registrar-General must, on application by the Minister or another party to the agreement, note the agreement against the relevant instrument of title or, in the case of land not under the Real Property Act 1886, against the land (and, subject to an appropriate application under this subsection, must ensure that the note is not removed once made).