Section 306 — Environment Protection and Biodiversity Conservation Act 1999: Content of conservation agreements

(1) Without limiting section 305, a conservation agreement may provide, for example, for all or any of the following: (a) activities that promote the protection and conservation of all or any of the following: (i) biodiversity; (ii) the world heritage values of a declared World Heritage property; (iii) the National Heritage values of a National Heritage place; (iv) the Commonwealth Heritage values of a Commonwealth Heritage place; (v) the ecological character of a declared Ramsar wetland; (vi) the environment, in respect of the impact of a nuclear action; (vii) the environment in a Commonwealth marine area; (viia) a water resource, in respect of the impact of an action involving unconventional gas development or large coal mining development; (viii) the environment on Commonwealth land; (b) controlling or prohibiting, in any place covered by the agreement, actions or processes that might adversely affect: (i) the species, ecological communities, habitats or potential habitats covered by the agreement; or (ii) the world heritage values of a declared World Heritage property; or (iii) the National Heritage values of a National Heritage place; or (iv) the Commonwealth Heritage values of a Commonwealth Heritage place; or (v) the ecological character of a declared Ramsar wetland; or (vi) the environment, in respect of the impact of a nuclear action; or (vii) the environment in a Commonwealth marine area; or (viia) a water resource, in respect of the impact of an action involving unconventional gas development or large coal mining development; or (viii) the environment on Commonwealth land; (c) requiring a person bound by the agreement not to obstruct access by a person authorised under the agreement to places covered by the agreement for the purpose of monitoring compliance with the agreement; (d) requiring a person bound by the agreement to give such an authorised person information requested by the authorised person that is in the first-mentioned person’s control and is relevant to compliance with the agreement; (e) requiring the Commonwealth to provide financial, technical or other assistance to a person bound by the agreement; (g) the commencement and duration of the agreement. (2) Without limiting section 305 or subsection (1) of this section, a conservation agreement entered into with the owner of a place may provide, for example, for all or any of the following: (a) requiring the owner to carry out specified activities, or to do specified things, that promote the conservation of all or any of the following: (i) biodiversity; (ii) the world heritage values of a declared World Heritage property; (iii) the National Heritage values of a National Heritage place; (iv) the Commonwealth Heritage values of a Commonwealth Heritage place; (v) the ecological character of a declared Ramsar wetland; (vi) the environment, in respect of the impact of a nuclear action; (vii) the environment in a Commonwealth marine area; (viia) a water resource, in respect of the impact of an action involving unconventional gas development or large coal mining development; (viii) the environment on Commonwealth land; (b) restricting the use of the place, or requiring the owner to refrain from, control or refuse to permit, actions or processes that may adversely affect: (i) the species, ecological communities, habitats or potential habitats covered by the agreement; or (ii) the world heritage values of a declared World Heritage property; or (iii) the National Heritage values of a National Heritage place; or (iv) the Commonwealth Heritage values of a Commonwealth Heritage place; or (v) the ecological character of a declared Ramsar wetland; or (vi) the environment, in respect of the impact of a nuclear action; or (vii) the environment in a Commonwealth marine area; or (viia) a water resource, in respect of the impact of an action involving unconventional gas development or large coal mining development; or (viii) the environment on Commonwealth land; (c) requiring the owner to permit access to the place by specified persons; (d) requiring the owner to contribute towards costs incurred in implementing the agreement; (e) specifying the manner in which any money paid to the owner under the agreement is to be applied by the owner; (f) requiring the owner to repay to the Commonwealth any money paid to the owner under the agreement if the owner commits a specified breach of the agreement or in other specified circumstances; (g) providing for any other matter relating to the conservation or enhancement of the place, including the preparation and implementation of a plan of management for the place.