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NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 69D Duration and variation of agreements

NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 69D

Duration and variation of agreements

69D Duration and variation of agreements

(1) A conservation agreement shall have effect from a day, or on the happening of an event, specified in the agreement.
(2) An agreement may be varied by a subsequent agreement between all parties to the agreement.
(3) An agreement shall have effect until it is terminated by consent of all parties to the agreement or in any such other manner or in such circumstances as may be set out in the agreement.
(4) An agreement may be varied or terminated by the Minister, by order published in the Gazette, without the consent of the owner of the conservation area, if the Minister is of the opinion that the area is no longer needed for, or is no longer capable of being used to achieve, any purpose for which the agreement was entered into.
(5) A copy of the order shall be laid before each House of Parliament within the prescribed time after publication of the order.
(5A) The Minister is not to vary or terminate an agreement under subsection (4) unless--
(a) written notice of the Minister's intention to vary or terminate the agreement has been given to the owner of the conservation area stating that the owner may make submissions to the Minister within the period specified in the notice (being a period of not less than 28 days), and
(b) the Minister has considered any submissions made by the owner of the conservation area, being submissions made within that specified period.
(6) If an agreement is varied by the Minister under subsection (4), the owner of the conservation area may, by written notice given to the Minister, terminate the agreement.
(7) The owner of a conservation area is not entitled to any compensation as a result of any variation or termination of an agreement by the Minister under subsection (4).