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Contents (1995 - 101)
Threatened Species Conservation Act 1995 No 101
Repealed version for 18 August 2017 to 24 August 2017 (accessed 24 November 2017 at 23:57)
Part 7A Division 2 Section 127F
127F   General provisions relating to biobanking agreements
(1)  The Minister must not enter into a biobanking agreement relating to land unless:
(a)  all the owners of the land are parties to the agreement or have consented in writing to the agreement, and
(b)  where the land (not being land referred to in subsection (5)) is subject to a residential tenancy agreement or other lease, the tenant or the lessee has consented in writing to the biobanking agreement, and
(c)  where the land is subject to a mortgage or charge, the mortgagee or chargee has consented in writing to the agreement, and
(d)  where the land is subject to a covenant, the Minister has consulted with the person entitled to the benefit of the covenant about the terms of the agreement, and
(e)  where the land is the subject of a mining lease or mineral claim under the Mining Act 1992 or a production lease under the Petroleum (Onshore) Act 1991, the holder of the lease or claim has consented in writing to the agreement, and
(f)  where the land is the subject of any mining authority or petroleum title not referred to in paragraph (e), the Minister has consulted with the holder of the mining authority or petroleum title about the terms of the agreement, and
(g)  where the land is owned by a Local Aboriginal Land Council, the New South Wales Aboriginal Land Council has consented in writing to the agreement.
Note.
 Subsection (1) (e) applies in respect of any mining lease under the Mining Act 1992 that is granted over the land. This may include a mining lease granted over the subsoil of the land or over parts of the subsoil of the land.
(2)  The Minister may enter into a biobanking agreement relating to land that is Crown lands or lands of the Crown:
(a)  with a public authority (not being a Public Service agency) that owns or has the control and management of the land, or
(b)  if the land is under the control and management of a Public Service agency, with the responsible Minister.
(3)  If a biobanking agreement is entered into under subsection (2) by a public authority that, or responsible Minister who, is not the owner of the land concerned:
(a)  the agreement is taken to have been entered into on behalf of the owner of the land, and
(b)  a reference in this Part to the owner of the land (however expressed) includes, while a public authority has the control and management of the land, a reference to the public authority that has that control and management and, if the public authority is a Public Service agency, the responsible Minister.
(4)  The Minister must not enter into a biobanking agreement relating to Crown-timber lands within the meaning of the Forestry Act 2012 except with the consent of the Minister administering that Act.
(5)  The Minister must not enter into a biobanking agreement for Crown land (within the meaning of the Crown Lands Act 1989), or Crown land dedicated for a public purpose under that Act, except with the consent of the Minister administering that Act.
(6)  In this section, a reference to a person entitled to the benefit of a covenant includes, in the case of a covenant imposed under section 88D or 88E of the Conveyancing Act 1919, a reference to a prescribed authority (within the meaning of those sections) or a person entitled to exercise, on behalf of the Crown, the functions of a prescribed authority under those sections.