sec.45Conservation agreements for nature refuges

### sec.45 Conservation agreements for nature refuges If the Minister and landholders concerned agree on— a proposal that an area should be a nature refuge; and the management intent for the nature refuge; and the terms of a proposed conservation agreement for the nature refuge to be made between the State and the landholders; the Minister must, for the State, enter into the conservation agreement. However, if the rights of any of the following persons will be materially affected by the conservation agreement, the Minister must not enter into it without that person’s written consent— if land in the area is subject to a lease, mining interest, geothermal tenure or GHG authority—the lessee, interest holder or authority holder; if land in the area is subject to an encumbrance—the person entitled to the benefit of the encumbrance. The conservation agreement must be consistent with the management principles for a nature refuge. The conservation agreement may contain terms that are binding on— the State; and a landholder and the landholder’s successors in title. Without limiting subsection (4) , the conservation agreement may contain terms— requiring the State to provide financial or other assistance; or requiring the State to provide technical advice; or requiring the State to carry out specified activities; or allowing a landholder to carry out specified activities; or prohibiting a specified use of land in the nature refuge; or restricting the use or management of land in the nature refuge; or requiring a landholder to refrain from, or not to permit, specified activities; or requiring a landholder to carry out specified activities; or requiring a landholder to permit or restrict access to the nature refuge by specified persons; or specifying the way in which amounts provided to a landholder under the agreement are to be applied by the landholder; or requiring a landholder to repay amounts paid under the agreement if the landholder contravenes the agreement or the agreement is terminated under section 47 (2) ; or providing for any other matter relating to the conservation of the nature refuge, including the implementation of any management plan for the nature refuge. s 45 amd 1994 No. 42 s 2 sch ; 2005 No. 53 s 132 ; 2009 No. 3 s 520 ; 2011 No. 26 s 189 sch ; 2010 No. 31 s 585 sch 2 pt 4 ; 2013 No. 55 s 43 (sec.45-ssec.1) If the Minister and landholders concerned agree on— a proposal that an area should be a nature refuge; and the management intent for the nature refuge; and the terms of a proposed conservation agreement for the nature refuge to be made between the State and the landholders; the Minister must, for the State, enter into the conservation agreement. (sec.45-ssec.2) However, if the rights of any of the following persons will be materially affected by the conservation agreement, the Minister must not enter into it without that person’s written consent— if land in the area is subject to a lease, mining interest, geothermal tenure or GHG authority—the lessee, interest holder or authority holder; if land in the area is subject to an encumbrance—the person entitled to the benefit of the encumbrance. (sec.45-ssec.3) The conservation agreement must be consistent with the management principles for a nature refuge. (sec.45-ssec.4) The conservation agreement may contain terms that are binding on— the State; and a landholder and the landholder’s successors in title. (sec.45-ssec.5) Without limiting subsection (4) , the conservation agreement may contain terms— requiring the State to provide financial or other assistance; or requiring the State to provide technical advice; or requiring the State to carry out specified activities; or allowing a landholder to carry out specified activities; or prohibiting a specified use of land in the nature refuge; or restricting the use or management of land in the nature refuge; or requiring a landholder to refrain from, or not to permit, specified activities; or requiring a landholder to carry out specified activities; or requiring a landholder to permit or restrict access to the nature refuge by specified persons; or specifying the way in which amounts provided to a landholder under the agreement are to be applied by the landholder; or requiring a landholder to repay amounts paid under the agreement if the landholder contravenes the agreement or the agreement is terminated under section 47 (2) ; or providing for any other matter relating to the conservation of the nature refuge, including the implementation of any management plan for the nature refuge. - (a) a proposal that an area should be a nature refuge; and - (b) the management intent for the nature refuge; and - (c) the terms of a proposed conservation agreement for the nature refuge to be made between the State and the landholders; - (a) if land in the area is subject to a lease, mining interest, geothermal tenure or GHG authority—the lessee, interest holder or authority holder; - (b) if land in the area is subject to an encumbrance—the person entitled to the benefit of the encumbrance. - (a) the State; and - (b) a landholder and the landholder’s successors in title. - (a) requiring the State to provide financial or other assistance; or - (b) requiring the State to provide technical advice; or - (c) requiring the State to carry out specified activities; or - (d) allowing a landholder to carry out specified activities; or - (e) prohibiting a specified use of land in the nature refuge; or - (f) restricting the use or management of land in the nature refuge; or - (g) requiring a landholder to refrain from, or not to permit, specified activities; or - (h) requiring a landholder to carry out specified activities; or - (i) requiring a landholder to permit or restrict access to the nature refuge by specified persons; or - (j) specifying the way in which amounts provided to a landholder under the agreement are to be applied by the landholder; or - (k) requiring a landholder to repay amounts paid under the agreement if the landholder contravenes the agreement or the agreement is terminated under section 47 (2) ; or - (l) providing for any other matter relating to the conservation of the nature refuge, including the implementation of any management plan for the nature refuge.