Biodiversity Conservation Regulation 2017

This clause applies when a conservation agreement—

is terminated by the Biodiversity Conservation Trust at the direction of the Minister under section 5.23(7) of the Act as a result of the activities authorised by a mining or petroleum authority in respect of the land, or

is varied by the Biodiversity Conservation Trust at the direction of the Minister under section 5.23(7) of the Act as a result of the activities authorised by a mining or petroleum authority in respect of the land (being a variation that, in the opinion of the Minister, will adversely affect any biodiversity values protected by or management actions under the conservation agreement).

The Biodiversity Conservation Trust may require the owner of the land to repay any amounts paid to the owner under the conservation agreement that have not been spent or committed at the time the agreement is terminated.

If the conservation agreement was registered on title before the mining or petroleum authority was granted (or if the mining authority is not a mining lease or mineral claim under the Mining Act 1992 or not a production lease under the Petroleum (Onshore) Act 1991), the Minister may require the holder of the mining or petroleum authority to pay to the Minister—

the costs of the Minister, the Biodiversity Conservation Trust and the owner of the land of establishing the conservation agreement, and

any amount that the Biodiversity Conservation Trust has paid to the owner of the land (or previous owners of the land) in connection with the conservation agreement that the Trust is not entitled to recover from the owner of the land.

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

Any money recovered by the Minister under this clause in connection with the costs of the Biodiversity Conservation Trust of establishing the conservation agreement, or with the amounts that have been paid by the Trust to the owner of the land, is to be paid by the Minister to the Trust.

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.

A termination or variation of a conservation agreement by the Biodiversity Conservation Trust at the direction of the Minister under section 5.23(7) of the Act is to be made by notification in the public register of private land conservation agreements under Part 9 of the Act.