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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 306

Content of conservation agreements

  (1)   Without limiting section   305, a conservation agreement may provide, for example, for all or any of the following:

  (a)   activities that promote the protection and conservation of all or any of the following:

  (i)   biodiversity;

  (ii)   the world heritage values of a declared World Heritage property;

  (iii)   the National Heritage values of a National Heritage place;

  (iv)   the Commonwealth Heritage values of a Commonwealth Heritage place;

  (v)   the ecological character of a declared Ramsar wetland;

  (vi)   the environment, in respect of the impact of a nuclear action;

  (vii)   the environment in a Commonwealth marine area;

  (viia)   a water resource, in respect of the impact of an action involving unconventional gas development or large coal mining development;

  (viii)   the environment on Commonwealth land;

  (b)   controlling or prohibiting, in any place covered by the agreement, actions or processes that might adversely affect:

  (i)   the species, ecological communities, habitats or potential habitats covered by the agreement; or

  (ii)   the world heritage values of a declared World Heritage property; or

  (iii)   the National Heritage values of a National Heritage place; or

  (iv)   the Commonwealth Heritage values of a Commonwealth Heritage place; or

  (v)   the ecological character of a declared Ramsar wetland; or

  (vi)   the environment, in respect of the impact of a nuclear action; or

  (vii)   the environment in a Commonwealth marine area; or

  (viia)   a water resource, in respect of the impact of an action involving unconventional gas development or large coal mining development; or

  (viii)   the environment on Commonwealth land;

  (c)   requiring a person bound by the agreement not to obstruct access by a person authorised under the agreement to places covered by the agreement for the purpose of monitoring compliance with the agreement;

  (d)   requiring a person bound by the agreement to give such an authorised person information requested by the authorised person that is in the first - mentioned person's control and is relevant to compliance with the agreement;

  (e)   requiring the Commonwealth to provide financial, technical or other assistance to a person bound by the agreement;

  (g)   the commencement and duration of the agreement.

  (2)   Without limiting section   305 or subsection   (1) of this section, a conservation agreement entered into with the owner of a place may provide, for example, for all or any of the following:

  (a)   requiring the owner to carry out specified activities, or to do specified things, that promote the conservation of all or any of the following:

  (i)   biodiversity;

  (ii)   the world heritage values of a declared World Heritage property;

  (iii)   the National Heritage values of a National Heritage place;

  (iv)   the Commonwealth Heritage values of a Commonwealth Heritage place;

  (v)   the ecological character of a declared Ramsar wetland;

  (vi)   the environment, in respect of the impact of a nuclear action;

  (vii)   the environment in a Commonwealth marine area;

  (viia)   a water resource, in respect of the impact of an action involving unconventional gas development or large coal mining development;

  (viii)   the environment on Commonwealth land;

  (b)   restricting the use of the place, or requiring the owner to refrain from, control or refuse to permit, actions or processes that may adversely affect:

  (i)   the species, ecological communities, habitats or potential habitats covered by the agreement; or

  (ii)   the world heritage values of a declared World Heritage property; or

  (iii)   the National Heritage values of a National Heritage place; or

  (iv)   the Commonwealth Heritage values of a Commonwealth Heritage place; or

  (v)   the ecological character of a declared Ramsar wetland; or

  (vi)   the environment, in respect of the impact of a nuclear action; or

  (vii)   the environment in a Commonwealth marine area; or

  (viia)   a water resource, in respect of the impact of an action involving unconventional gas development or large coal mining development; or

  (viii)   the environment on Commonwealth land;

  (c)   requiring the owner to permit access to the place by specified persons;

  (d)   requiring the owner to contribute towards costs incurred in implementing the agreement;

  (e)   specifying the manner in which any money paid to the owner under the agreement is to be applied by the owner;

  (f)   requiring the owner to repay to the Commonwealth any money paid to the owner under the agreement if the owner commits a specified breach of the agreement or in other specified circumstances;

  (g)   providing for any other matter relating to the conservation or enhancement of the place, including the preparation and implementation of a plan of management for the place.


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