Conditions of authorisation
46 Conditions of authorisation
In this section —
authorisation means an authorisation given under section 45;
land of conservation value means land on which there are either or both of the following —
an occurrence of the relevant community;
relevant habitat;
relevant community, in relation to an authorisation, means the threatened ecological community to which the authorisation relates;
relevant habitat, in relation to an authorisation, means habitat listed as critical habitat under section 54(1) because it is critical to the survival of the threatened ecological community to which the authorisation relates.
The Minister may impose conditions on an authorisation.
Without limiting subsection (2) but subject to subsection (4), the Minister may impose a condition that requires the holder of the authorisation to do one or more of the following —
make a monetary contribution towards the purchase of land of conservation value;
transfer, lease or otherwise dispose of land of conservation value to a specified person (including the CEO);
exchange land of conservation value for other land;
enter into an agreement in respect of land of conservation value for the purpose of conserving and protecting the relevant community or relevant habitat;
take specified measures on land of conservation value for the purpose of conserving and protecting the relevant community or relevant habitat;
provide equipment, facilities, resources or services to assist in the conservation and protection of the relevant community or relevant habitat;
conduct or fund surveys, studies or research in relation to the relevant community or relevant habitat;
prepare and implement, or fund the preparation and implementation of, plans or schemes for the conservation or protection of the relevant community or relevant habitat;
do anything else that is prescribed for the purposes of this subsection.
The Minister must not impose a condition described in subsection (3) unless the Minister considers that the condition is necessary for the purpose of mitigating or offsetting the impact that activity carried out under the authorisation is likely to have on the total known occurrences of the relevant community in the State and on relevant habitat.
If a condition requires the transfer, lease or other disposal of land of conservation value to the CEO, it is a function of the CEO to acquire, hold, manage and otherwise deal with that land for the purpose of conserving and protecting the relevant community or relevant habitat.
An authorisation must set out any conditions imposed on it under this section.
This Act’s bill:Explanatory memorandumSecond reading speech
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