Part 3BConcessions
17XPower of Minister to impose and enforce conditions
In granting any concession, the Minister may impose such conditions as he or she considers appropriate for the activity, structure, or facility, including (but not limited to) conditions relating to or providing for—
- the activity itself, the carrying out of the activity, and the places where it may be carried out:
- the name and full address of every person or body to whom the concession is granted and who may carry out the activity:
- the payment of rent, fees, and royalties as provided in section 17Y:
- the payment of compensation for any adverse effects of the activity on the Crown's or public interest in the land concerned, unless such compensation has been provided for in the setting of rent:
- the provision by the concessionaire of bonds—
- to cover any costs incurred by the Minister in carrying out work that the concessionaire has failed to carry out and that was required by the concession document to be carried out; or
- to mitigate any adverse effects arising from but not authorised by the concession or not reasonably foreseen at the time the concession was granted:
- to cover any costs incurred by the Minister in carrying out work that the concessionaire has failed to carry out and that was required by the concession document to be carried out; or
- the waiver or reduction of any rent, compensation, or bond where—
- the concessionaire makes any contribution to the management of the lands or the public interest in those lands; or
- there is any other non-commercial public benefit from the activity; or
- any circumstances of the concession justify such waiver or reduction; or
- the costs of setting and collecting the rent exceed any rent which may be collected:
- the concessionaire makes any contribution to the management of the lands or the public interest in those lands; or
- the restoration of the site and the removal of any structure or facility at the expense of the concessionaire or the vesting in the Crown of any structure or facility at the end of the term of the concession:
- periodic reviews of the terms and conditions (including rents) of the concession:
- a covenant that on any transfer, sublease, sublicence, or assignment of a concession, the concessionaire shall remain liable throughout the term (including renewals) of the lease or licence or easement and shall procure from the transferee or sublessee or sublicensee or assignee a covenant to be bound by the conditions of the lease or licence or easement:
- the payment of any fees (including legal fees) in respect of the preparation of the concession document and its registration (where necessary), being fees payable in addition to any fees payable under sections 60A to 60D.
Notes
- Section 17X: inserted, on , by section 7(1) of the Conservation Amendment Act 1996 (1996 No 1).