17W Relationship between concessions and conservation management strategies and plans

(1)

Where a conservation management strategy or conservation management plan has been established for a conservation area and the strategy or plan provides for the issue of a concession, a concession shall not be granted in that case unless the concession and its granting is consistent with the strategy or plan.

(2)

Where—

(a)

there is no conservation management strategy or conservation management plan for a conservation area; or

(b)

the relevant conservation management strategy or conservation management plan does not make any provision for the activity to which the application relates in a conservation area,—

the Minister, after complying with the provisions of sections 17S, 17T, and 17U, may grant a concession.

(3)

The Minister may decline any application, whether or not it is in accordance with any relevant conservation management strategy or conservation management plan, if he or she considers that the effects of the activity are such that a review of the strategy or plan, or the preparation of a strategy or plan, is more appropriate.

(4)

On declining an application under subsection (3), the Minister, if requested by the applicant to do so and after consultation with the relevant Conservation Board, may initiate a review of the strategy or plan pursuant to section 17H or the preparation of a strategy or plan under this Act.

(5)

The Minister may require the applicant to pay all or part of the reasonable costs of such a review or the preparation of a strategy or plan.

(6)

Subsection (4) does not affect the power of the Director-General to initiate a review or an amendment to a strategy or plan under section 17H or section 17I.

(7)

It shall be a condition of every concession document that the concessionaire must act in accordance with every relevant conservation management strategy and conservation management plan for the time being in force, including any amendments to the strategy or plan, whether the strategy or plan or amendment was approved before or on or after the date on which the concession became effective; and that condition shall be deemed to be included in every concession document.

(8)

Any provision of a concession document that contravenes or allows expressly or by implication any action or default on the part of the concessionaire in contravention of the strategy or plan shall have no effect and any breach or contravention of the strategy or plan shall be deemed to be a breach or contravention of the concession and concession document.

Section 17W: inserted, on 1 July 1996, by section 7(1) of the Conservation Amendment Act 1996 (1996 No 1).