BIODIVERSITY CONSERVATION ACT 2016 - SECT 13.15 Civil proceedings for enforcement of private land conservation agreements

BIODIVERSITY CONSERVATION ACT 2016 - SECT 13.15

13.15 Civil proceedings for enforcement of private land conservation agreements

(1) Any person may bring proceedings in the Land and Environment Court for an order to remedy or restrain a breach of a biodiversity stewardship agreement.

(2) The Minister, or a person acting with the written consent of the Minister, may bring proceedings in the Land and Environment Court for an order to remedy or restrain a breach of any private land conservation agreement.

(3) If the Court is satisfied that a breach has been committed or that a breach will, unless restrained by order of the Court, be committed, it may make such orders as it thinks fit to remedy or restrain the breach.

(4) Without limiting the powers of the Court under this section, the Court may--

(a) in the case of proceedings brought by the Minister--award damages against the owner of the land subject to the private land conservation agreement for a breach of the agreement that arose from an intentional, reckless or negligent act or omission by or on behalf of the owner or a previous owner of the land (being an act or omission of which the owner had notice) including a failure by the owner or previous owner to prevent another person from causing a breach of the agreement, and

(b) in any case involving a biodiversity stewardship agreement--direct the owner of the biodiversity stewardship site to retire biodiversity credits of a specified number and class (if applicable) within a period specified in the order.

Note : Division 6 of Part 6 enables a person who is required under this section to retire biodiversity credits to make a payment instead to the Biodiversity Conservation Fund of the value of the credits in accordance with the offsets payment calculator.

(5) In assessing damages for breach of a private land conservation agreement by an owner or previous owner, the Court may have regard to--

(a) any detriment to the public interest arising from the breach, and

(b) any financial or other benefit that the owner or previous owner gained or sought to gain by committing the breach, and

(c) any other matter that it considers relevant.

(6) Section 89 of the Conveyancing Act 1919 does not authorise any court to modify or wholly or partially extinguish any restriction or obligation created by a private land conservation agreement except with the consent of the Minister.