(1) If the Minister and landholders concerned agree on—
(a) a proposal that
an area should be a nature refuge; and
(b) the management intent for the
nature refuge; and
(c) the terms of a proposed conservation agreement for the
nature refuge to be made between the State and the landholders;
the Minister
must, for the State, enter into the conservation agreement.
(2) However, if
the rights of any of the following persons will be materially affected by the
conservation agreement, the Minister must not enter into it without that
person’s written consent—
(a) if land in the area is subject to a lease,
mining interest, geothermal tenure or GHG authority—the lessee, interest
holder or authority holder;
(b) if land in the area is subject to an
encumbrance—the person entitled to the benefit of the encumbrance.
(3) The
conservation agreement must be consistent with the management principles for a
nature refuge.
(4) The conservation agreement may contain terms that are
binding on—
(a) the State; and
(b) a landholder and the landholder’s
successors in title.
(5) Without limiting subsection (4) , the conservation
agreement may contain terms—
(a) requiring the State to provide financial or
other assistance; or
(b) requiring the State to provide technical advice; or
(c) requiring the State to carry out specified activities; or
(d) allowing a
landholder to carry out specified activities; or
(e) prohibiting a specified
use of land in the nature refuge; or
(f) restricting the use or management of
land in the nature refuge; or
(g) requiring a landholder to refrain from, or
not to permit, specified activities; or
(h) requiring a landholder to carry
out specified activities; or
(i) requiring a landholder to permit or restrict
access to the nature refuge by specified persons; or
(j) specifying the way
in which amounts provided to a landholder under the agreement are to be
applied by the landholder; or
(k) requiring a landholder to repay amounts
paid under the agreement if the landholder contravenes the agreement or the
agreement is terminated under section 47(2) ; or
(l) providing for any other
matter relating to the conservation of the nature refuge, including the
implementation of any management plan for the nature refuge.
