Document ID: chunk:federal_register_of_legislation:C2024C00598:clause:1_305:p3
Version: federal_register_of_legislation:C2024C00598
Segment Type: clause
Provision Reference: sch 1 cl 305 (pt 3/3)
Character Range: 869109–871205

net benefit to the conservation of the environment on that land.
 (2A) Subparagraph (2)(d)(ii) does not apply to a naval nuclear propulsion plant related to use in a conventionally‑armed, nuclear‑powered submarine.
 (3) For the purposes of subsection (2), in deciding whether a proposed agreement will result in a net benefit to the conservation as mentioned in paragraph (2)(a), (b), (c), (e) or (f), the Minister must have regard to the matters (if any) prescribed by the regulations.
 (3A) If:
 (a) the Minister is considering whether to enter into a proposed conservation agreement that is wholly or partly for the protection and conservation of biodiversity; and
 (b) the agreement would or could affect a particular listed threatened species or listed threatened ecological community;
the Minister must, in deciding whether to enter into the agreement, have regard to any approved conservation advice for the species or community.
 (4) A conservation agreement must not cover all or part of a Commonwealth reserve.
 (5) Under subsection (1), the Minister may enter into a conservation agreement covering land with one of the following persons who has a usage right relating to the land:
 (a) an indigenous person;
 (b) a body corporate wholly owned by indigenous persons;
 (c) a body corporate established by or under an Act for the purposes of holding for the benefit of indigenous persons land vested in it by or under that Act;
 (d) the trustee of a trust that holds land for the benefit of indigenous persons.
This does not limit subsection (1).
 (6) The Minister must take account of the following when entering into a conservation agreement that is wholly or partly for the protection and conservation of biodiversity as described in subsection (5):
 (a) paragraph (j) of Article 8 of the Biodiversity Convention;
 (b) paragraph (c) of Article 10 of the Biodiversity Convention;
 (c) paragraph 4 of Article 18 of the Biodiversity Convention;
 (d) objective 1.8.2 of the National Strategy for the Conservation of Australia's Biological Diversity, published by the Commonwealth in 1996.