sec.48Variation or replacement of conservation agreements

### sec.48 Variation or replacement of conservation agreements The State and the landholders bound by a conservation agreement for a nature refuge or coordinated conservation area (the earlier agreement ) may enter into another conservation agreement for the nature refuge or coordinated conservation area (the later agreement ) that varies, or terminates and replaces, the earlier agreement. The earlier agreement may be varied, for example— in the case of a nature refuge—by removing, at the request of the landholder who entered into the agreement, a part of the nature refuge that, in the Minister’s opinion, is no longer needed for, or capable of being used to achieve, the declared management intent for the nature refuge; and in the case of a coordinated conservation area—by removing a part of the coordinated conservation area at the request of one of the landholders. Section 45 (2) to (5) applies to the later agreement. For a later agreement for a coordinated conservation area, section 45 (2) to (5) applies to the later agreement as if a reference to the nature refuge were a reference to the coordinated conservation area. However, section 45 (2) does not apply in relation to a person whose rights will only be affected by the later agreement in the same way as by the earlier agreement. s 48 amd 2008 No. 52 s 92 ; 2013 No. 55 s 46 (sec.48-ssec.1) The State and the landholders bound by a conservation agreement for a nature refuge or coordinated conservation area (the earlier agreement ) may enter into another conservation agreement for the nature refuge or coordinated conservation area (the later agreement ) that varies, or terminates and replaces, the earlier agreement. (sec.48-ssec.2) The earlier agreement may be varied, for example— in the case of a nature refuge—by removing, at the request of the landholder who entered into the agreement, a part of the nature refuge that, in the Minister’s opinion, is no longer needed for, or capable of being used to achieve, the declared management intent for the nature refuge; and in the case of a coordinated conservation area—by removing a part of the coordinated conservation area at the request of one of the landholders. (sec.48-ssec.3) Section 45 (2) to (5) applies to the later agreement. (sec.48-ssec.3A) For a later agreement for a coordinated conservation area, section 45 (2) to (5) applies to the later agreement as if a reference to the nature refuge were a reference to the coordinated conservation area. (sec.48-ssec.4) However, section 45 (2) does not apply in relation to a person whose rights will only be affected by the later agreement in the same way as by the earlier agreement. - (a) in the case of a nature refuge—by removing, at the request of the landholder who entered into the agreement, a part of the nature refuge that, in the Minister’s opinion, is no longer needed for, or capable of being used to achieve, the declared management intent for the nature refuge; and - (b) in the case of a coordinated conservation area—by removing a part of the coordinated conservation area at the request of one of the landholders.