ENVIRONMENT PROTECTION ACT 1993 - SECT 59

ENVIRONMENT PROTECTION ACT 1993 - SECT 59

59—Environment performance agreements

        (1)         Subject to this section, the Authority may enter into an environment performance agreement with any other person or persons (including a Minister or public authority).

        (2)         An environment performance agreement entered into under this section—

            (a)         must be in writing and duly executed by the parties to the agreement; and

            (b)         may contain terms providing for any matter that the Authority considers appropriate for securing the objects of this Act, including terms—

                  (i)         binding a party other than the Authority to undertake programmes of any kind directed towards protection, restoration or enhancement of the environment; or

                  (ii)         binding the Authority to provide financial or other assistance of any kind to the other party or parties or any of them; or

                  (iii)         providing a party other than the Authority with remission of rates or taxes.

        (3)         The Authority may not enter into an environment performance agreement under this section except with the prior approval of the Minister.

        (4)         An environment performance agreement may not—

            (a)         make provision for remission of any rates or taxes payable to the Crown except with the prior approval of the Treasurer; or

            (b)         make provision for remission of any rates or taxes payable to a council except with the prior approval of the council,

but any provision for remission of rates or taxes made by an environment performance agreement in accordance with this section will have effect according to its terms and notwithstanding the provisions of any other Act.

        (5)         Subject to this section, an environment performance agreement may not have effect to relieve a party to the agreement from any duty under this or any other Act, and any obligations imposed under such an agreement have effect in addition to and not in derogation of the requirements imposed by or under this or any other Act.

        (6)         Subject to subsection (5), an environment performance agreement entered into under this section has effect as a contract binding on the parties to the agreement.