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s 116

Amendment or cancellation of biodiversity conservation agreement

In force
Part 7Biodiversity conservation agreements

116 Amendment or cancellation of biodiversity conservation agreement

(1)

In this section —

other party to the agreement includes any person who is bound by the agreement under section 118.

(2)

The Minister may amend a biodiversity conservation agreement with the consent in writing of the other party to the agreement.

(3)

Before amending a biodiversity conservation agreement that relates to Crown land, the Minister must obtain the concurrence of the Minister responsible for the administration of the Land Administration Act 1997.

(4)

The Minister may, by written notice given to the other party to the agreement, cancel a biodiversity conservation agreement if, in the opinion of the Minister, the agreement —

(a)

is no longer needed to achieve a purpose for which it was entered into; or

(b)

is no longer capable of being used to achieve a purpose for which it was entered into.

(5)

If a biodiversity conservation agreement is cancelled under subsection (4), the other party to the agreement is not entitled to any compensation for loss resulting from the cancellation.

(6)

A biodiversity conservation agreement must not exclude, modify or restrict the operation of this section and to the extent that it purports to do so it is of no effect.

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