ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2023 - SECT 139 Amendment of s 41 (Preparation of plans by authority)

ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2023 - SECT 139

139 Amendment of s 41 (Preparation of plans by authority)

Section 41 —

insert—

(5) Also, a management plan may make provision for any matter relating to cooperative management agreements entered into, or proposed to be entered into, by the authority, for the purposes of the management plan.

(6) Without limiting subsection (5), a management plan may—

(a) impose requirements about—

(i) entering into a cooperative management agreement for the purposes of the management plan; or

(ii) the content of a cooperative management agreement entered into, or proposed to be entered into, for the purposes of the management plan; or

Example of a requirement for subparagraph (ii)—

a requirement that a cooperative management agreement states it is an agreement to which a particular provision of the management plan applies

(b) provide for a cooperative management agreement mentioned in paragraph (a) to apply in a way that is inconsistent with particular provisions of the management plan, including, in relation to the following—

(i) a party to the agreement;

(ii) land that is the subject of the agreement, including, for example, in relation to an activity that may be carried out on the land.

(7) To remove any doubt, it is declared that subsection (5) does not prevent the authority from entering into a cooperative management agreement other than for the purposes of a management plan.