NATURE CONSERVATION ACT 2002 - SECT 40 Covenants with affected owners
NATURE CONSERVATION ACT 2002 - SECT 40
Division 4 - Covenants arising from forest practices plan applications Covenants with affected owners
(1) The Minister on behalf of the Crown may enter into a conservation covenant with an affected owner who applies for compensation under this Division.(2) Divisions 2 and 5 have the same application to a conservation covenant entered into under this Division, and any variation or discharge of such a covenant, as they have to any other conservation covenant entered into under this Part.(3) If the Minister and an affected owner fail to agree on the provisions of a conservation covenant within 6 months of commencing negotiations on the covenant, the provisions are to be determined by an arbitrator in accordance with the Commercial Arbitration Act 2011 .(4) The determination of an arbitrator under subsection (3) is final and binding on the Minister and the affected owner.