10Wilderness protection agreements

#### 10 Wilderness protection agreements 10 Wilderness protection agreements > > (1) The Minister may enter into a wilderness protection agreement relating to land identified by the Director-General as wilderness: > > > > > (a) if the land is owned by, or (being land owned by the Crown) is under the control of, a statutory authority (not being a Government Department or Administrative Office)—with the statutory authority, or > > > > > (b) if the land is owned by the Crown and is under the control of a Government Department or Administrative Office—with the responsible Minister. > > > (2) The Minister shall not enter into a wilderness protection agreement relating to land or an agreement varying such an agreement unless: > > > > > (a) where the land is subject to a residential tenancy agreement or other lease, the tenant or the lessee has consented in writing to the agreement, and > > > > > (b) where the land is subject to a mortgage, charge or positive covenant, the mortgagee, chargee or person entitled to the benefit of the covenant has consented in writing to the agreement. > > > (2A) The Minister must not enter into a wilderness protection agreement relating to land owned by a Local Aboriginal Land Council unless the New South Wales Aboriginal Land Council has consented in writing to the agreement. > > > (3) A statutory authority or Minister responsible for a statutory authority may enter into a wilderness protection agreement, and may carry out any functions under the agreement, despite the provisions of any Act whether enacted before or after the commencement of this Act. > > > (4) A reference in this section to land owned by the Crown does not include a reference to land held under the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058) other than land so held by a statutory authority. > > **s 10:** Am 2009 No 58, Sch 2.7; 2017 No 17, Sch 4.110 \[1\].