New South Wales Consolidated Acts

NATURE CONSERVATION TRUST ACT 2001 - SECT 30

30 Making of agreement

(1) The Trust may enter into a Trust agreement with any landholder for the purpose of managing the land to which the agreement relates so as to protect the natural heritage (and any cultural heritage associated with the natural heritage) of that land.

(2) A Trust agreement may relate to more than one parcel of land and more than one landholder may be a party to the agreement.

(3) However, the Trust must not enter into a Trust agreement in relation to any land unless:

(a) each landholder of the land, and

(b) if the land is subject to a mortgage, charge or positive covenant-the mortgagee, chargee or person entitled to the benefit of the covenant, and

(c) if the land is the subject of a Crown lease-the lessor,

has consented in writing to the agreement.

(4) A Trust agreement entered into in contravention of this section is of no effect.

(5) Despite subsection (3), if a landholder whose consent to a Trust agreement is required under that subsection cannot, after diligent inquiry (within the meaning of section 31), be found or identified, the agreement may be entered into without the consent of that landholder.