Can A Heritage Agreement Over Land Be Removed?

Hi.

I am hoping someone might have experience or ideas about an unusual situation that we find ourselves in.

We have bought a property with approximately 3 acres to the rear that has a heritage agreement over the vegetation.

This property is in a suburban urban hills setting, where subdivision is allowed.  We are currently in the process of subdividing a block of 1200 square metres to the side of our property, which abuts the agreement land at the rear.

Apparently a previous owner approached the government minister to 'request' the heritage listing, as a way of reducing

their rates bill. It basically means you cannot do anything with the land at all, and it actually creates quite a fire hazard for ourselves and adjacent properties as no undergrowth is cleared. The agreement also states that any breach will mean

we must pay back all the rates to the time of the original agreement, some 18 years ago.

Ideally we would like to be able to subdivide and sell one acre that runs behind two adjacent properties that sit on blocks

originally part of this property.  That would leave our house with scrub land behind it.  To do this we'd need to remove the

heritage agreement, but I have been told this doesn't occur very often!

We have plenty of room alongside the original house to create a wide driveway to access the rear land, which if subdividable, would probably have to stay around 4,400 squ. metres due to the bush and slope.  We did wonder about trying to strike a deal with The Department of Environment, Water & Natural Resources, whereby we would donate two

acres to them, if they would allow us to subdivide another.  Alternatively, they could wish to buy it from us.  Any thoughts would be appreciated!