Threatened Species Conservation Act 1995 No 101
Division 8 Biodiversity certification agreements
126ZH Biodiversity certification agreements
(1) The Minister may enter into an agreement with a person in connection with biodiversity certification (including a proposal to confer, modify or extend biodiversity certification).(2) The agreement may make provision for any or all of the following:(a) requiring the person to make monetary contributions to the Minister for the purpose of improving biodiversity values,(b) requiring the person to dedicate land for conservation purposes,(c) requiring the person to carry out specified actions, or to refrain from carrying out specified actions, on land owned by the person for the purpose of improving biodiversity values,(d) providing for any other conservation measures that the person agrees to implement,(e) requiring the person to provide security for the performance of any of the person’s obligations in connection with biodiversity certification,(f) providing for the timing of the implementation of any of the person’s obligations in connection with biodiversity certification,(g) providing for monitoring, reporting and audit requirements,(h) providing for any other matter relating to biodiversity certification.(3) For the purposes of this Part, the agreement is a biodiversity certification agreement.(4) The Minister must not enter into a biodiversity certification agreement relating to Crown land (within the meaning of the Crown Lands Act 1989) except with the consent of the Minister administering that Act.
126ZI Duration of agreements
(1) A biodiversity certification agreement has effect from a day, or on the happening of an event, specified in the agreement.(2) A biodiversity certification agreement has effect indefinitely, or for the period specified in the agreement.
126ZJ Registered agreements run with land
(1) A biodiversity certification agreement that is registered by the Registrar-General under this section is binding on, and is enforceable against, the owner of the land from time to time as if each owner for the time being had entered into the agreement.(2) A biodiversity certification agreement can be registered by the Registrar-General under this section if the following persons agree to its registration:(a) if the agreement relates to land under the Real Property Act 1900—each person who has an estate or interest in the land registered under that Act,(b) if the agreement relates to land not under the Real Property Act 1900—each person who is seised or possessed of an estate or interest in the land.(3) On lodgment by a person of an application for registration in a form approved by the Registrar-General, the Registrar-General is to register a biodiversity certification agreement:(a) by making an entry in the relevant folio of the Register kept under the Real Property Act 1900 if the agreement relates to land under that Act, or(b) by registering the agreement in the General Register of Deeds if the agreement relates to land not under the Real Property Act 1900.(4) This section applies to any amendment or revocation of a biodiversity certification agreement in the same way as it applies to the agreement.(5) In this Part, a reference to a party to a biodiversity certification agreement includes any owner of land against whom the agreement is enforceable because of this section.
126ZK Enforcement of agreements
(1) The Minister, or a person acting with the written consent of the Minister, may bring proceedings in the Land and Environment Court for an order to remedy or restrain a contravention of a biodiversity certification agreement.(2) If the Court is satisfied that a contravention of the biodiversity certification agreement has been committed or will, unless restrained by order of the Court, be committed, it may make such order as it thinks fit to remedy or restrain the contravention.(3) In proceedings to remedy or restrain a contravention of a biodiversity certification agreement, a consent to institute the proceedings, purporting to have been signed by the Minister, is evidence of that consent without proof of the signature of the Minister.
126ZL Minister may order party to rectify contravention of agreement
(1) The Minister may, by order, require a party to a biodiversity certification agreement to carry out specified work or other actions on land owned by the person to rectify a contravention of the agreement.(2) The order is to specify the date by which the work or other actions must be carried out.(3) If the requirements of the order are not complied with by that date, the Minister:(a) may enter the land and cause the work or actions specified in the order to be carried out, and(b) may, by proceedings brought in any court of competent jurisdiction, recover as a debt from the person to whom the order was given the amount certified by the Minister as the reasonable cost of complying with those requirements.(4) This section does not prevent the Minister from seeking an award of damages against a party to a biodiversity certification agreement for a contravention of the biodiversity certification agreement.
126ZM Court cannot extinguish obligations
Section 89 of the Conveyancing Act 1919 does not authorise any court to modify or wholly or partially extinguish any restriction or obligation created by a biodiversity certification agreement except with the consent of the Minister.
126ZN Regulations—biodiversity certification agreements
The regulations may make provision for or with respect to biodiversity certification agreements, including the following:(a) the form of biodiversity certification agreements,(b) the subject-matter of biodiversity certification agreements,(c) the making, amendment and revocation of biodiversity certification agreements, including the giving of public notice and inspection by the public,(d) the public inspection of biodiversity certification agreements after they have been made.