(a) all the owners of the land are parties to the
agreement, and
(b) where the land (not being Crown land) is subject to a
residential tenancy agreement or other lease, the tenant or the lessee has
consented in writing to the biodiversity stewardship agreement, and
(c) where
the land is subject to a mortgage or charge, the mortgagee or chargee has
consented in writing to the agreement, and
(d) where the land is subject to a
covenant, the Minister has consulted with the person entitled to the benefit
of the covenant about the terms of the agreement, and
(e) where the land is
the subject of a mining lease or mineral claim under the Mining Act 1992 or a
production lease under the Petroleum (Onshore) Act 1991 , the holder of the
lease or claim has consented in writing to the agreement, and
(a) the agreement is taken to have been entered into on
behalf of the owner of the land, and
(b) a reference in this Division to the
owner of the land (however expressed) includes, while a public authority has
the control and management of the land, a reference to the public authority
that has that control and management and, if the public authority is a Public
Service agency, the responsible Minister.
(4) The Minister must not enter
into a biodiversity stewardship agreement relating to Crown-timber lands
within the meaning of the Forestry Act 2012except with the consent of the
Minister administering that Act.