sec.49Compulsory declaration of nature refuge

### sec.49 Compulsory declaration of nature refuge If— the Minister and landholders concerned are unable to agree on— a proposal to declare a nature refuge; or the terms of a conservation agreement for the area concerned; and the Minister is of the opinion that the area is, or includes— an area of major interest; or a critical habitat; and should be declared a nature refuge; the Minister may give written notice to the landholders, and persons having an interest in the landholders’ land, advising that a recommendation may be made to the Governor in Council that the area be compulsorily declared as a nature refuge. The notice must specify— the proposed management intent for the area; and the reasons why the Minister has reached the opinion; and a day by which objections relating to the recommendation must be received by the Minister. After consideration of any objections properly received by the Minister, the Governor in Council may, by regulation, declare the area, or part of the area, as a nature refuge. The regulation must— describe the area for which the declaration is made; and specify the declared management intent for the area; and specify the covenant applying to the declaration; and specify such other particulars as are prescribed. s 49 amd 1994 No. 42 s 2 sch (sec.49-ssec.1) If— the Minister and landholders concerned are unable to agree on— a proposal to declare a nature refuge; or the terms of a conservation agreement for the area concerned; and the Minister is of the opinion that the area is, or includes— an area of major interest; or a critical habitat; and should be declared a nature refuge; the Minister may give written notice to the landholders, and persons having an interest in the landholders’ land, advising that a recommendation may be made to the Governor in Council that the area be compulsorily declared as a nature refuge. (sec.49-ssec.2) The notice must specify— the proposed management intent for the area; and the reasons why the Minister has reached the opinion; and a day by which objections relating to the recommendation must be received by the Minister. (sec.49-ssec.3) After consideration of any objections properly received by the Minister, the Governor in Council may, by regulation, declare the area, or part of the area, as a nature refuge. (sec.49-ssec.4) The regulation must— describe the area for which the declaration is made; and specify the declared management intent for the area; and specify the covenant applying to the declaration; and specify such other particulars as are prescribed. - (a) the Minister and landholders concerned are unable to agree on— (i) a proposal to declare a nature refuge; or (ii) the terms of a conservation agreement for the area concerned; and - (i) a proposal to declare a nature refuge; or - (ii) the terms of a conservation agreement for the area concerned; and - (b) the Minister is of the opinion that the area is, or includes— (i) an area of major interest; or (ii) a critical habitat; and should be declared a nature refuge; - (i) an area of major interest; or - (ii) a critical habitat; - (i) a proposal to declare a nature refuge; or - (ii) the terms of a conservation agreement for the area concerned; and - (i) an area of major interest; or - (ii) a critical habitat; - (a) the proposed management intent for the area; and - (b) the reasons why the Minister has reached the opinion; and - (c) a day by which objections relating to the recommendation must be received by the Minister. - (a) describe the area for which the declaration is made; and - (b) specify the declared management intent for the area; and - (c) specify the covenant applying to the declaration; and - (d) specify such other particulars as are prescribed.