Queensland Consolidated Acts

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NATURE CONSERVATION ACT 1992 - SECT 45

45 Conservation agreements

(1) If the Minister and landholders concerned agree on--

(a) a proposal that an area should be a protected area; and
(b) the class of the protected area; and
(c) the management intent for the area;
(d) the terms of a proposed conservation agreement for the area 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 or GHG authority--the lessee, interest holder or GHG 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 the class of area.

(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 area; or
(f) restricting the use or management of land in the area; 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 area 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 area, including the implementation of the management plan for the protected area.


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