NATURE CONSERVATION ACT 1992 - SECT 48 Variation or replacement of conservation agreements

NATURE CONSERVATION ACT 1992 - SECT 48

48 Variation or replacement of conservation agreements

(1) The State and the landholders bound by a conservation agreement for a nature refuge or coordinated conservation area (the
"earlier agreement" ) may enter into another conservation agreement for the nature refuge or coordinated conservation area (the
"later agreement" ) that varies, or terminates and replaces, the earlier agreement.

(2) The earlier agreement may be varied, for example—

(a) in the case of a nature refuge—by removing, at the request of the landholder who entered into the agreement, a part of the nature refuge that, in the Minister’s opinion, is no longer needed for, or capable of being used to achieve, the declared management intent for the nature refuge; and

(b) in the case of a coordinated conservation area—by removing a part of the coordinated conservation area at the request of one of the landholders.

(3) Section 45 (2) to (5) applies to the later agreement.

(3A) For a later agreement for a coordinated conservation area, section 45 (2) to (5) applies to the later agreement as if a reference to the nature refuge were a reference to the coordinated conservation area.

(4) However, section 45 (2) does not apply in relation to a person whose rights will only be affected by the later agreement in the same way as by the earlier agreement.