Victorian Consolidated Legislation

Conservation, Forests and Lands Act 1987 - SECT 70

Content of agreements

70. Content of agreements



(1) An agreement may contain any of the following terms-

   (a)  restricting the use of the land;

   (b)  requiring the land owner to refrain from activity, or activity of a
        specified kind, that would adversely affect the land or imposing
        conditions upon which any such activity takes place;

   (c)  requiring the land owner to carry out, or requiring the Secretary to
        carry out, specified works for the management, use, development,
        preservation or conservation of flora and fauna upon the land;

   (d)  requiring the land owner to permit the Secretary to inspect the land;



   (e)  requiring the land owner to indemnify the Secretary in respect of, or
        contribute towards, the cost incurred by the Secretary in carrying out
        works in respect of the land;

   (f)  specifying the manner in which a grant, loan or other assistance
        provided by the Secretary must be applied by the land owner;

   (g)  requiring the land owner to repay any amount paid to the land owner by
        the Secretary on terms and conditions (including terms and conditions
        as to interest) specified in the agreement;

   (h)  requiring the land owner to pay to the Secretary an amount specified
        in the agreement if on the land owner's part there is a breach of a
        kind specified in the agreement;

        (i)    requiring that the land owner allow public access to and across
               the land of the land owner;

   (j)  requiring the land owner to obtain insurance to indemnify the
        Secretary against specified activities in relation to the land of the
        land owner, to insure against liabilities and actions in tort in
        relation to the land of the land owner and to obtain other forms of
        insurance or assurance that are specified in the agreement;

   (k)  requiring that the Secretary provide the land owner with advice,
        financial or other assistance including compensation for loss of
        income arising out of the performance of the agreement;

   (l)  requiring that the whole or part of the land of the land owner be a
        flora or fauna sanctuary;

   (m)  requiring the Secretary to pay to the land owner an amount
        representing the whole or a part of any rates paid or payable in
        respect of the land;

   (ma) providing that in the case of an agreement with the Trust for Nature
        (Victoria), the land to which the agreement applies is to be managed
        as if it were Crown land, and for the application to that land of any
        Act, subordinate instrument or other law relating to Crown land3;



   (n)  providing for any other matter (whether like or unlike any of the
        foregoing) relating to the management, use, development, preservation
        or conservation of the land or that are necessary to be provided for
        to give effect to the objects or purposes of a relevant law.

(2) An agreement entered into with the Trust for Nature (Victoria) under
section 69(1) does not authorise the doing of anything which would not be
consistent with any trust, condition, covenant or other restriction relating
to the use of that land4.