Reimbursement of site establishment costs of owner or Minister by holder of mining or petroleum authority on termination or variation of biodiversity stewardship agreement (section 5.18(11))

Current

(1)

This clause applies when a biodiversity stewardship agreement—

(a)

is terminated by the Minister under section 5.18(1) of the Act, or by the owner under section 5.18(9) of the Act, as a result of the activities authorised by a mining or petroleum authority in respect of the biodiversity stewardship site, or

(b)

is varied by the Minister under section 5.18(1) of the Act as a result of the activities authorised by a mining or petroleum authority in respect of the biodiversity stewardship site (being a variation that, in the opinion of the Minister, will adversely affect any biodiversity values protected by or management actions under the biodiversity stewardship agreement).

(2)

The Minister may require the holder of the mining or petroleum authority to pay to the Minister the costs of the Minister and the owner of the land of establishing the biodiversity stewardship agreement.

(3)

Any money recovered by the Minister under this clause in connection with the costs of the owner of the land of establishing the biodiversity stewardship agreement is to be paid by the Minister to the owner.

(4)

Any money that is required to be paid to a person or body under this clause is recoverable by that person or body as a debt in a court of competent jurisdiction from the person or body required to make the payment.

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5.8 Reimbursement of site establishment costs of owner or Minister by holder of mining or petroleum authority on termination or variation of biodiversity stewardship agreement (section 5.18(11))