Native Vegetation Act 1991

An owner of land that is subject to a heritage agreement may apply to the Council for financial or other assistance in—

managing the land, native vegetation on the land or any animals living on or visiting the land;

preserving or enhancing native vegetation on the land;

establishing native vegetation on the land;

undertaking research in relation to the preservation, enhancement or management of native vegetation on the land or of animals living on or visiting the land.

An owner of land in relation to which a proposal has been approved by the Council under Division

2 may apply to the Council for financial assistance in establishing native vegetation on the land in accordance with the proposal.

An application must be in a form approved by the Council and must set out the applicant's proposals for the application of the assistance requested by the applicant.

The applicant's proposals must be based on guidelines adopted by the

Council under this Part.

The

Council may grant an application for assistance subject to such conditions as it thinks fit including, in the case of an application under subsection (1), the execution of an agreement varying the heritage agreement in a manner approved by the Council.

Money payable by way of financial assistance under this section must be paid from the Fund.

Where, in the opinion of the Council, a person to whom the Council has granted financial assistance under this section—

contravenes or fails to comply with a condition attached to the grant of the assistance; or

fails, within a reasonable time, to apply the amount granted for the purpose for which it was granted, the

Council may serve written notice on that person demanding repayment of the amount granted or such lesser amount as is specified in the notice.

An amount demanded by the Council under subsection (6) is a debt due by the person from whom it is demanded to the Council and upon recovery must be paid by the Council into the Fund.

A court that is considering a claim for payment of a debt referred to in subsection (7) may refuse to order payment of all or part of the amount claimed if, in its opinion, the person to whom the financial assistance was granted has applied it in accordance with the conditions on which it was granted or in accordance with what he or she genuinely believed to be the conditions on which it was granted.