41ARestrictions on entitlement to compensation

### 41A Restrictions on entitlement to compensation > [*\[Section 41A Inserted by No. 36 of 2006, s. 7, Applied:30 Apr 2007\]*](/view/html/inforce/2007-04-30/act-2006-036#GS7@EN) > > > (1)  A landowner is not entitled to compensation pursuant to [section 41](#GS41@EN) unless the Minister is satisfied that – > > > > > > (a) the relevant conservation determination has the effect of requiring the landowner to exercise a higher duty of care for the conservation of natural and cultural values on the relevant land than is required under the Forest Practices Code as in force on the date of the determination; and > > > > > > > (b) the landowner is not entitled to any, or adequate, financial consideration from other sources (including voluntary, public or private, conservation funds) for the financial loss referred to in that section. > > > (2)  Also, without limiting the generality of [subsection (1)](#GS41A@Gs1@EN) , a landowner is not entitled to compensation pursuant to [section 41](#GS41@EN) in so far as the relevant conservation determination prevents the complete or partial clearance and conversion of a threatened native vegetation community unless the Minister is satisfied that – > > > > > > (a) at the date of the determination, the proposed clearance and conversion was not prohibited under – > > > > > > > > > > (i) a law of the State other than this Act or the [Forest Practices Act 1985](/view/html/inforce/2026-04-12/act-1985-048) ; or > > > > > > > > > > > (ii) a law of the Commonwealth; and > > > > > > > (b) for at least 2 years before the date of the determination, the landowner was actively managing the relevant land with the reasonable intention of undertaking the proposed clearance and conversion; and > > > > > > > (c) the landowner has undertaken to manage the threatened native vegetation community under a conservation covenant or management agreement.