sec.41Entering into a cooperative management agreement

sec.41 Entering into a cooperative management agreement

This section applies if the authority has negotiated under section 40 (2) with a person or a group of persons mentioned in section 40 (1) (a) . The authority and the person, or group of persons, may enter into a cooperative management agreement for this section under which— the person or group agrees to contribute in some way to achieving the primary goal, including, for example, in either or both of the following ways— by rehabilitating, or improving the presentation of, particular land in the area; by not carrying out an activity on particular land in the area the person or group could otherwise lawfully carry out under this plan; and the authority agrees— to give a stated consideration to the person or group; or that the person or group may carry out an activity the person or group could not otherwise lawfully carry out under this plan. Without limiting subsection (2) , if the exercise of the person’s or group’s rights concerning land in the area could adversely affect the world heritage values and integrity of the land, the agreement may provide for changing the way this plan applies to the person or group. The agreement may also provide for other matters necessary or convenient to give effect to the matters mentioned in subsection (2) or (3) , including, for example, the consequences of the person contravening the agreement. The authority may enter into the agreement only if it considers the agreement would contribute to achieving the primary goal. Before entering the agreement, the authority may ask the person for an environmental impact assessment or other information relevant to deciding whether to enter the agreement. As well as the authority and the person mentioned in subsection (1) , other persons may be parties to the agreement including, for example, the land-holder and any native title holder for the land the subject of the agreement. The agreement must state that it is an agreement to which section 43 applies. To remove any doubt, it is declared that the authority may enter the agreement whether or not there is an approved determination of native title under which the person has a right or interest to carry out an activity in the area. s 41 amd 2020 SL No. 176 s 29 (sec.41-ssec.1) This section applies if the authority has negotiated under section 40 (2) with a person or a group of persons mentioned in section 40 (1) (a) . (sec.41-ssec.2) The authority and the person, or group of persons, may enter into a cooperative management agreement for this section under which— the person or group agrees to contribute in some way to achieving the primary goal, including, for example, in either or both of the following ways— by rehabilitating, or improving the presentation of, particular land in the area; by not carrying out an activity on particular land in the area the person or group could otherwise lawfully carry out under this plan; and the authority agrees— to give a stated consideration to the person or group; or that the person or group may carry out an activity the person or group could not otherwise lawfully carry out under this plan. (sec.41-ssec.3) Without limiting subsection (2) , if the exercise of the person’s or group’s rights concerning land in the area could adversely affect the world heritage values and integrity of the land, the agreement may provide for changing the way this plan applies to the person or group. (sec.41-ssec.4) The agreement may also provide for other matters necessary or convenient to give effect to the matters mentioned in subsection (2) or (3) , including, for example, the consequences of the person contravening the agreement. (sec.41-ssec.5) The authority may enter into the agreement only if it considers the agreement would contribute to achieving the primary goal. (sec.41-ssec.6) Before entering the agreement, the authority may ask the person for an environmental impact assessment or other information relevant to deciding whether to enter the agreement. (sec.41-ssec.7) As well as the authority and the person mentioned in subsection (1) , other persons may be parties to the agreement including, for example, the land-holder and any native title holder for the land the subject of the agreement. (sec.41-ssec.8) The agreement must state that it is an agreement to which section 43 applies. (sec.41-ssec.9) To remove any doubt, it is declared that the authority may enter the agreement whether or not there is an approved determination of native title under which the person has a right or interest to carry out an activity in the area.