AustLII Tasmanian Consolidated Acts

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NATURE CONSERVATION ACT 2002 - SECT 34

Division 2 - Conservation covenants generally Minister may enter into conservation covenants

(1)  The Minister on behalf of the Crown may enter into a conservation covenant with a landowner if the Minister considers it necessary or desirable to do so for a conservation purpose.
(2)  A conservation covenant may contain such covenants and other provisions as the Minister and the landowner agree.
(3)  Without limiting the generality of subsection (2) , a conservation covenant may contain –
(a) provisions relating to the payment of compensation or the provision of financial or other assistance to the landowner; and
(b) provisions relating to the repayment of money or, if applicable, the waiver of entitlements to statutory compensation.
(4)  A conservation covenant in respect of reserved land in the class of private sanctuary or private nature reserve may not contain a provision which is –
(a) inconsistent with the management objectives for that class of reserved land; or
(b) contrary to, or inconsistent with, a management plan in force in respect of that reserved land.
(5)  A conservation covenant may be a restrictive covenant or a positive covenant.
(6)  A conservation covenant –
(a) runs with the servient land as if it were a covenant to which section 102(2) of the Land Titles Act 1980 applies; and
(b) is enforceable between the parties to it, and any person deriving title under any such party, as if the covenant were entered into by a fee simple owner of land for the benefit of adjacent land held by the Crown in fee simple that was capable of being benefited by the covenant and as if that adjacent land continued to be so held by the Crown.



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