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NATIVE VEGETATION ACT 1991 - SECT 25B

NATIVE VEGETATION ACT 1991 - SECT 25B

25B—Assignment of credit

        (1)         Subject to this section, a person credited under section 25A with having achieved an environmental benefit (the "assignor") may, with the written approval of the Council, assign the whole or part of the credit to another person or body (the "assignee").

        (2)         An application for approval under subsection (1)—

            (a)         must be made in a manner and form determined by the Council; and

            (b)         must be accompanied by such information as the Council may reasonably require; and

            (c)         must be accompanied by the prescribed fee.

        (3)         The Council must not give its approval under subsection (1) unless the assignor has complied with any requirement of the Council to do 1 or more of the following:

            (a)         enter into a heritage agreement in respect of the native vegetation that is the subject of the credit to be assigned;

            (b)         enter into a management agreement under section 25D in respect of the native vegetation that is the subject of the credit to be assigned.

        (4)         Before giving its approval under subsection (1), the Council must have regard to any Regional Biodiversity Plan or Plans approved by the Minister that apply within any region relevant to the application.

        (5)         An approval may be conditional or unconditional.

        (6)         A condition of an approval is binding on, and enforceable against—

            (a)         the assignor; and

            (b)         all owners and occupiers, and subsequent owners and occupiers, of the land on which the native vegetation that is the subject of the assigned credit is growing or situated.

        (7)         The Council may, by notice in writing, vary or revoke a condition of an approval.

        (8)         An approval remains in force for the period specified by the Council in the approval, or for such longer period as the Council may fix on application by the assignor or assignee.

        (9)         The Council must inform the Registrar-General in writing of all conditions imposed under this section that relate to land and must provide the Registrar-General with such further information as the Registrar-General requires to comply with subsection (10).

        (10)         The Registrar-General must note the conditions against the relevant instrument of title for the land or, in the case of land not under the Real Property Act 1886 , against the land.

        (11)         The Registrar-General must, on the application of the Council after the variation or revocation of a condition under this section, vary or cancel a note under subsection (10) (but must otherwise ensure that the note is not removed once made).

        (12)         For the purposes of this Act—

            (a)         credit assigned under this section will be taken to be credit of the assignee;

            (b)         an assignment of credit that contravenes this section is, unless the Council determines otherwise, void and of no effect.