NATIVE VEGETATION ACT 1991 - SECT 25C

NATIVE VEGETATION ACT 1991 - SECT 25C

25C—Achievement of environmental benefit by accredited third party provider

        (1)         Subject to this section, a requirement under this Act that an environmental benefit be achieved by a person (the "proponent") may, with the written approval of the Council, be satisfied by means of the achievement of the environmental benefit by an accredited third party provider.

        (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 accredited third party provider—

            (a)         has entered into a management agreement under section 25D in respect of the native vegetation comprising the environmental benefit; and

            (b)         has complied with any other requirements prescribed by the regulations for the purposes of this section.

        (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 accredited third party provider; and

            (b)         all owners and occupiers, and subsequent owners and occupiers, of the land on which the native vegetation comprising the environmental benefit 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 proponent or provider.

        (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)         In this section—

"accredited third party provider" means a person or body accredited for the purposes of this section in accordance with the regulations.