### 40 Covenants with affected owners > > (1) The Minister on behalf of the Crown may enter into a conservation covenant with an affected owner who applies for compensation under this Division. > > > (2) [Divisions 2](#HP5@HD2@EN) and [5](#HP5@HD5@EN) have the same application to a conservation covenant entered into under this Division, and any variation or discharge of such a covenant, as they have to any other conservation covenant entered into under this Part. > > > (3) [*\[Section 40 Subsection (3) amended by No. 9 of 2011, Sched. 1, Applied:01 Oct 2012\]*](/view/html/inforce/2012-10-01/act-2011-009#JS1@Ja9@GC2@EN) If the Minister and an affected owner fail to agree on the provisions of a conservation covenant within 6 months of commencing negotiations on the covenant, the provisions are to be determined by an arbitrator in accordance with the [Commercial Arbitration Act 2011](/view/html/inforce/2026-04-12/act-2011-013) . > > > (4) The determination of an arbitrator under [subsection (3)](#GS40@Gs3@EN) is final and binding on the Minister and the affected owner.

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