REVISED POLICY GUIDELINES- PRIVATE LAND CONSERVATION PARTNERSHIPS · Revised Policy Guidelines - Private Land Conservation Partnerships - track changes

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The Land for Wildlife (LfW) program started in Victoria in 1981 with the aim of supporting private landholders to
deliver natural resource outcomes. The State of Victoria remains the head of power to the program with all
participating bodies holding a Memorandum of Understanding (MoU) with the State. Noosa Council has been
part of the LfWSEQ collaboration since 1998, alongside 10 other SEQ Council’s. The agreement articulates
specified program standards and obligations to maintain the integrity of the LfW brand.
With over 50% of biodiversity values contained on private land in SEQ, LfW plays an integral role in partnering
with private landholders to conserve the biodiversity and natural amenity of the region. The LfW program aligns
with regional, state and federal objectives, with the program being embedded in many SEQ Council policies and
strategies, such as pest management and biodiversity. The program engages with the community to improve
catchment and waterway health through erosion and sediment control, revegetation and remnant vegetation
protection through the integration of wildlife habitat with agricultural and other land uses. It creates wildlife
corridor linkages in strategic locations and between core protected areas, enabling genetic interchange needed
to avoid inbreeding in isolated populations.
The LFW SEQ Terms of Reference document (Appendix 1) outlines arrangements for SEQ Councils to deliver
the LFW program. The SEQ LfW program is coordinated by a full-time position overseen by a steering
committee comprising the 13 councils. A host Council undertakes administrative tasks on behalf of the SEQ
Councils, this role is currently provided by Sunshine Coast Regional Council (SCC), and from June 30th 2023
Brisbane City Council will be the host Council for the next 3 years. All SEQ Councils contribute funds to support
regional co-ordination, maintenance of the regional LfW database, newsletter production, and periodic member
surveys. The funding level is based on the number of members in each Council. Noosa Council’s contribution for
the 2022-23 financial year is $14,400. There are currently 5,378 properties registered in the Land for Wildlife
program in SEQ, covering 76,000 hectares of retained habitat.
In the Noosa Shire, the LfW Program is delivered as part of Council’s Private Land Conservation Partnerships
program and is consistent with the Corporate Plan, Environment Strategy, and the Conservation Land
Guideline.
LfW is a voluntary conservation program that creates partnerships with eligible landholders. Council Officers
undertake property assessments and provide advice and engagement on the management of properties for its
conservation values. The LfW Program is delivered as part of Council’s Private Land Conservation
Partnerships and is consistent with the Conservation Land Guideline.


Eligibility
Landowners that are eligible for the LfW program must:
   • Have a minimum of 1 hectare of conservation area on their property considered ‘retained habitat’ or
      ‘habitat under restoration’ as defined in the LfW SEQ Guideline (Appendix 2).
    •    Have a commitment to manage their property for nature conservation.
Eligibility
Residents that are eligible for the LfW program include:
•    Landholders that have a minimum of 1 hectare of conservation area on their property considered ‘retained
     habitat’ or ‘habitat under restoration’ as defined in the Land for Wildlife Queensland Guideline.
•       Landholders demonstrating their intention and commitment to manage their property to maintain and
        enhance native flora and fauna in a way that attempts to integrate nature conservation with other land
        management objectives.
Support for LfW
Council will provide support for new and existing LfW members subject to available resources and consisting
of:
    • An initial site visit, property assessment, follow up property report, and provision of a sign (for fully
        registered properties) and resource materials for new members.
    • Quarterly newsletter delivered electronically where possible.
    • LfW events such as workshops and field days.
    • Property revisits and ongoing advice as requested by existing members.
    • An incentives program (subject to available resources) including (but not limited to) free native tube
        stock, training/assistance with environmental weed management, equipment loans for items such as
        fauna cameras, weed management tools, and resource books.
Support for Land for Wildlife

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Council will provide support for new and existing Land for Wildlife members subject to available resources
consisting of:
    • An initial site visit, property assessment, report, and provision of a sign and resource material to new
        members.
    • Quarterly newsletter.
    • Delivery of Land for Wildlife events such as workshops and field days.
    • Property revisits as requested by existing members.
    • An incentives program which may consist of other initiatives consistent with the intent of the Land for
        Wildlife program such as free native tubestock, training/assistance with environmental weed
        management, equipment loans such as fauna cameras, nest boxes, resource books, and open
        property days
VOLUNTARY CONSERVATION AGREEMENT (VCA) PROGRAM
The VCA Program is a higher-level voluntary agreement between Council and eligible landowners that
permanently protects a nominated conservation area on the landowner’s property.
Delivery of the VCA program is guided by Council’s Environment Levy Policy. Operating procedures for
establishing a VCA are outlined in Appendix 7.
Eligibility
Freehold properties in Noosa Shire that are eligible for the VCA program include:
    1. Land parcels of high biodiversity values, significant size (minimum of 5 hectares) and located next to or
       within Core Protected Areas (Appendix 3); or
    2. Land parcels that occur within biodiversity corridors between Core Protected Areas; and
    3. Properties whose owners have demonstrated a commitment to achieving conservation outcomes; and
    4. Other land that has unique environmental significance such as containing an endangered ecosystem, old
       growth forest, or listed plant and animal species; and
    5. Existing Nature Refuge properties.
All applications for VCAs will be assessed and prioritised by the Environment Levy Working Group (ELWG)
according to available resources.
VOLUNTARY CONSERVATION AGREEMENT (VCA) PROGRAM
The VCA Program is a voluntary agreement between Council and eligible landholders to permanently protect a
nominated conservation area within their property. Through this agreement, Council may provide a range of
financial incentives to assist the landholder with this process.
The head of power to deliver the VCA program rests with the Environment Levy Policy. The Conservation
Land Guideline provides a mapping methodology that identifies Council strategic approach and priority land
parcels of interest.
Eligibility
Residents that are eligible for the VCA program include:
•     Landholders with land parcels of high biodiversity values, of significant size and located next to or within
      Core Protected Areas; or
•     Landholders with land parcels that occur within biodiversity corridors between Core Protected Areas (See
      Map Appendix 1); and
•     Landholders who have demonstrated a commitment to achieving conservation outcomes, and are
      confident that by partnering with Council in the VCA program they will protect and enhance the
      conservation area as guided by an Environment Management Plan.
In certain circumstances, landholders with land outside these areas and criteria may be considered for VCA if the
land has a unique environmental significance, for example the land retains the last remaining stand of an
endangered ecosystem or species.
All applications for VCAs will be assessed and prioritised by the Environment Levy Working Group according to
available resources. The Environment Levy Policy criteria, Voluntary Conservation Agreement assessment
matrix, and Conservation Land Guideline will be used to assess and prioritise applications.

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Administrative and legal requirements
A VCA requires three elements detailed below:
   1. Statutory conservation mechanism.
   2. VCA – written agreement.
   3. Environmental Management Plan (EMP).
Statutory conservation mechanisms
Council offers two statutory conservation mechanisms under the VCA program. These are (in order of level of
protection):
   1. Nature Refuge; and
   2. Conservation Covenant
Further details are provided below:
Nature Refuge
A Nature Refuge gazetted under the Nature Conservation Act 1992 can be placed over all or part of a property
and runs with the title, binding successive owners. A Nature Refuge offers the highest level of protection
however is subject to Queensland Government requirements such as size of the conservation area and
exceptional biodiversity values. Compliance action in the event of a breach of the Nature Refuge conditions is
the responsibility of the Queensland Government. Where the property meets eligibility criteria for a Nature
Refuge this is Council’s preferred protection mechanism as it does not require a survey plan which can be
expensive. Council staff work with the State Government to progress Nature Refuge dedication over eligible
properties.
Conservation Covenant
Under the Land Act 1994, a conservation covenant is registered over the nominated conservation area on the
property and runs with the title, binding successive owners. The conservation covenant (Appendix 4) is a legal
agreement between the property owner (the covenantor) and Council (the covenantee) and requires
development of a survey plan, and preparation and lodgement of covenant documents with Titles Qld.
Compliance action in the event of breaches of conservation covenant conditions is the responsibility of Council
as the covenantee.
VCA – written agreement
The agreement (Appendix 5) and associated documentation is developed in consultation with the landholder.
The VCA terminates when land changes ownership or if both parties agree to terminate the agreement. If
ownership of the property changes, Council may seek to engage the new landholder in a new VCA agreement if
it is considered necessary to continue works as identified in the associated Environment Management Plan.
Areas on VCA properties outside the conservation area can continue to be used for other purposes (e.g. grazing,
orchards, open space, future buildings). A VCA does not grant any public right of access to the land. Landowners
are encouraged to seek independent legal and financial advice prior to placing statutory conservation protection
over their land and entering into a VCA.
Due to the associated start-up costs incurred by Council during the VCA establishment process, a letter of
agreement to proceed must be signed by the landholder. This states that if the landowner changes their mind
about proceeding with the agreement, they will reimburse Council for any reasonable costs outlaid up to the time
the landowner notifies Council of their withdrawal from the VCA process. Any third-party interest holders on the
property title (such as a lending institution) must provide consent for the VCA to proceed.
Environment Management Plan (EMP)
An EMP is developed for the conservation area. This EMP covers a description of the conservation area and its
environmental values, threatening processes (e.g., invasive species), and management actions required. An
EMP template is provided in Appendix 6.
Administrative and Legal Requirements
The Voluntary Conservation Agreement (VCA)
A Voluntary Conservation Agreement is a legal document that outlines the terms agreed to between the
landholder and Council relevant to the conservation area that is under statutory protection (see example
agreement Appendix 3).
The VCA includes details of:

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•     Statutory Conservation Protection
•     Environmental Management Plan
•     Financial incentives
The following applies to the VCA:
•     The agreement is developed in consultation with the landholder.
•     The maximum term of the VCA is 5 years.
•     The VCA can be extended past 5 years if agreed by both parties and there are compelling reasons to
      continue environmental works on a review of the associated Environment Management Plan (e.g. an
      extreme event such as fire or flood that has damaged restoration works or works critical to the survival of a
      threatened species).
•     The VCA terminates when land changes ownership or when the term of the Environment Management
      Plan is complete. If ownership of the property changes, Council may seek to engage the new landholder in
      a new VCA agreement if it is necessary to continue works as identified in the associated Environment
      Management Plan.
•    Areas on VCA properties outside the conservation area can continue to be used for other purposes (e.g.
    grazing, orchards, open space, future house site).
•   A VCA does not grant any public right of access to the land.


Landholders are encouraged to seek independent legal and financial advice prior to placing statutory
conservation protection over their land and entering into a VCA. Due to the associated start-up costs incurred by
Council, before formalising a VCA, a letter of agreement to proceed will be provided to the landholder for signing.
Any third party interest holders on the property title (such as a mortgagee) must provide consent for the VCA to
proceed.
The Statutory Conservation Protection
Council offers three statutory conservation protection mechanisms under the VCA program. These are:
Conservation Covenant
Under the Land Act 1994, a conservation covenant is registered over the conservation area on the property and
runs with the title over successive owners. A conservation covenant requires development of a survey plan,
preparation of legal documents, and lodgement with the Titles Office. The conservation covenant is a legal
agreement between the property owner (the covenantor) and Council (the covenantee). Compliance action in
the event of breaches of the covenant conditions is the responsibility of Council.
Nature Refuge
A Nature Refuge gazetted under the Nature Conservation Act 1992 can be placed over all or part of a property
and runs with the title over successive owners. A Nature Refuge offers the highest level of protection however is
subject to Queensland Government requirements such as minimum size of the conservation area (greater than
10ha) and high biodiversity values. Compliance action in the event of breaches of the Nature Refuge conditions
is the responsibility of the Queensland Government.


Split Zoning
Council can also split zone a property to place the conservation area under Environmental Management and
Conservation zoning, which is then protected under provisions of the Noosa Planning Scheme. Split zoning a
property requires submitting a planning scheme amendment to the State, and is processed as a batch of
amendments on a regular basis. The balance of the property outside the conservation area remains in its original
zoning (usually rural). Compliance action in the event of breaches of the planning scheme provisions is the
responsibility of Council. Landowners whose properties do not meet the eligibility criteria for a VCA can request
that a nominated portion of their property be split zoned as Environmental Management and Conservation under
the Noosa Plan. In this circumstance there would be no formal VCA agreement with Council.




Environmental Management Plan

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Council will develop an Environmental Management Plan (EMP) in consultation with the landholder. At the end of
the 5 year term and at the request of the landholder, the EMP may be reviewed to guide landholders with future
actions. The EMP will include:
•     a description of the conservation area and its environmental values;
•     any threatening processes;
•     management actions required;
•     timeframes to deliver the EMP.




Support for VCAs
Establishment costs
Council will outlay costs to establish a Nature Refuge or Conservation Covenant over the nominated section of
the property. Costs include developing a survey plan of the covenant area, Nature Refuge establishment tasks,
Titles Queensland property searches, document preparation and lodgement fees, as well as Council officer time.
Financial Incentive
The annual incentive to implement the EMP will be capped as follows:
• Minimum amount of $2,000 per annum for conservation areas up to 5 hectares in size.
• For conservation areas over 5 hectares an additional $200 will be available for every extra hectare, up to a
   maximum total of $6,000 each year.
• Costs cannot be claimed for unexpended VCA funds from previous financial years.
What funds can be used for under the EMP
The type of works or materials required will be identified in the agreed EMP. Examples include:
•     Engagement of contractors for ecological restoration works and fencing or barbed wire fence removal.
•     Engagement of contractors for invasive species control.
•     Engagement of consultants for services such as ecological surveys or fire management planning and
      approved works.
•     Purchase of or reimbursement for materials such as herbicide and/or tools necessary to conduct
      environmental restoration activities.
VCA properties may be eligible for grants and other funding from Council (LfW incentives), state and federal
governments.
VCA funds cannot be used for works that are a regulatory requirement such as a condition of development or
subject to compliance action by a regulatory authority.
Commissioning works
The EMP priorities will be discussed on-site annually with a Council officer, the landowner and contractor to
review works undertaken and identify upcoming works. Agreed works will be confirmed in writing by Council and
co-ordinated by the landholder and contractor. Once works have been completed to the satisfaction of Council
and the landholder, the contractor will be paid by Council. Regarding reimbursement of materials and tools the
landholder shall obtain a quote from the supplier and submit to Council for written approval prior to purchase.
The landowner then provides a tax invoice to Council for reimbursement of funds.
Rate refund
A component of the annual incentive can be negotiated with the landholder to go towards a refund of the
general rate amount. A rate refund will only be considered by Council when all management tasks specified
under the EMP have been substantially achieved, and only if the full rates payable on the property have been
paid by the landowner for past and current rating periods. The allowable amount going towards a rate refund
will be determined by the size of the conservation area expressed as a percentage of the total property size
(see below). For example, if 50% of the property is within the conservation area then the rate refund will be
50% of the general rate.

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                                                                          100




                              * the available rate rebate cannot exceed
                                                                          90




                                  the determined financial incentive
                                                                          80
         Rebate Eligibility
                                          (% of general rate)             70
                                                                          60
                                                                          50
                                                                          40
                                                                          30
                                                                          20
                                                                          10
                                                                           0
                                                                                0   10     20     30     40     50    60     70     80     90    100
                                                                                    % of Total Property Area Com prising the Conservation Area

                                                                                                                                                       Support for VCA’s
Financial Incentives
Existing VCA’s:
Council will continue to honour existing VCA’s that were entered into with the Sunshine Coast Regional Council.
Council may also offer existing VCA landowners the option of placing an additional layer of protection over the
property via split zoning the existing conservation area into Environmental Management and Conservation
zoning.
The agreed incentives will continue as per the individual landholder’s VCA with the annual incentive being
reviewed against CPI every 5 years. Incentives are paid annually following a property assessment by a Council
officer with any unallocated funds relating to a particular property expiring at the end of each financial year (i.e.
they are not carried forward). When a property changes hands, the statutory conservation protection remains,
and the VCA expires. An agreement between the new landholder and Council may be entered into depending on
VCA program priorities, and applications will be considered at the request of the new landholder.
New VCA’s:
Where an eligible landholder and Council enter into a new VCA which includes statutory protection and/or an
Environmental Management Plan for the conservation area, Council will provide the following resources:
Establishment costs
Council will outlay costs to establish a covenant, Nature Refuge or split zoning on the nominated section of the
property. Costs include developing a survey plan of the covenant area, Nature Refuge dedication costs, legal
fees, and Council officer time.
Financial Incentive
A financial incentive may be provided for the annual implementation of an Environmental Management Plan for
up to 5 years, with the annual incentive being reviewed against CPI every 5 years. These include:
•     Costs to develop the Environmental Management Plan for the conservation area under statutory
      protection.
•     An annual incentive to implement the Environmental Management Plan will be capped as follows:
      o     Minimum available annual incentive of $1,630 per annum for Conservation Areas up to 5 hectares in
            size.
      o     For conservation areas over 5 hectares an additional $108 will be available for every extra hectare,
            up to a maximum total of $5425 each year.
      o     Ongoing financial support will not exceed 5 years unless specified in the EMP.
      o     Costs cannot be claimed for unexpended VCA funds from previous financial years.
What funds can be used for under the EMP
The type of works or materials required will be identified in the agreed EMP. Examples include:
•     engagement of contractors for ecological restoration works and fencing;
•     engagement of contractors for pest control;

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•     engagement of consultants for services such as ecological surveys or fire management planning and
      approved works;
•     purchase of materials such as herbicide and/or hand tools;
•     purchase of wildlife apparatus such as nest boxes.
Funds cannot be used for the purchase of machinery such as chainsaws, mowers, brush-cutters or tractors.
VCA properties may be eligible for grants and other funding from state and federal governments such as
environmental or carbon offsets.
VCA funds cannot be used for works that are a regulatory requirement such as a condition of development or
subject to compliance action by a regulatory authority.
Commissioning works
The EMP priorities will be discussed on-site annually with a Council officer, the landholder and
contractor/consultant to agree and review works undertaken and identify upcoming works. Agreed works will be
confirmed in writing by Council and co-ordinated by the landholder and contractor/consultant. Once works have
been completed to the satisfaction of Council and the landholder, the contractor/consultant will be paid by
Council. Where the EMP provides an allowance for supply of materials, the landholder shall obtain a quote from
the supplier and provide to Council for written approval prior to funding being expended and provide a tax invoice
for reimbursement of funds. Once the 5 year term is complete, the landholder is eligible for an ongoing annual
property visit from a Council Officer upon request through the Land for Wildlife program. This may involve
discussions on further land conservation management and priorities.
ROLES AND RESPONSIBILITIES
The Environment Levy Working Group will make recommendations on which properties to enter into
agreements with.
The VCA Program will be managed by the Environment Services Branch.


SPLIT ZONING CONSERVATION PROGRAM
Council can split zone a property to place the nominated conservation area under Environmental Management
and Conservation zoning, which is then protected under provisions of the Noosa Plan, however this rezoning
doesn’t show on the property title. Split zoning is appropriate for those properties that do not meet the eligibility
criteria for a Conservation Covenant or Nature Refuge in terms of size (less than 5 hectares) or inherent
biodiversity values. As with a VCA, the process is voluntary and is purely driven by a landowner’s aspiration to
protect the native vegetation on their property. The process is that the landowner signs a letter nominating an
area of their property to be rezoned as Environmental Management and Conservation zone and marks up the
nominated area on a map of the property. The balance of the property outside the conservation zone remains in
its original zoning (usually rural or rural residential). To formalise this zoning change under the Noosa Plan,
Council submits planning scheme amendments to the State from time to time. Compliance action in the event of
breaches of the Noosa Plan provisions is the responsibility of Council.
Support for Split Zone Conservation properties
Council will provide support to landowners who have nominated and had their properties rezoned as
Environmental Management and Conservation Zone under the Noosa Plan as follows:
•   A 3-year agreement providing a financial incentive capped at $1500 per annum to be used to improve the
    ecological condition of the rezoned area (such as environmental weed management and revegetation).
    These works will be identified under an EMP. The landowner must demonstrate a commitment to
    maintaining the works past the 3-year funding window by proactively managing their property for nature
    conservation, e.g. invasive weed management, maintaining tree plantings.
VCA AND SPLIT ZONING PROGRAM ROLES AND RESPONSIBILITIES
Council
Council will cover reasonable costs associated with the preparation, lodgement, and registration of documents
to give effect to the VCA or Split zoning. These may include:

•   Surveying of the conservation area, and registration of the Conservation Covenant.
•   Negotiation with the state government (including provision of field data) to facilitate a Nature Refuge
    agreement.
•   Developing split zoning landowner correspondence and mapping and undertaking periodic planning

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       scheme amendments.

Council will provide assistance to the landowner including technical advice relating to the planning and
ongoing management of the conservation area. Council will undertake or provide for works in the
conservation area as outlined in the EMP and Agreement.

Council will also make available to the landholder the determined annual financial incentive for each year of
the agreement. Financial incentives will be reviewed every 3 years to reflect CPI increases. A register of sites
subject to a VCA and Split Zoning will be maintained by Council.

The VCA program will be administered and implemented by the Conservation Partnerships Officer from the
Environmental Services Branch of Council.

Landowner
Landowners entering into a VCA or Split Zoning will:

       •   Comply with the relevant protective mechanism conditions.
       •   Undertake those works identified as being their responsibility in the agreement and EMP.
       •   Inform Council of their intention to sell their property and inform them when the sale has taken place.


DEFINITIONS
“Biodiversity” refers to the variety of all life forms - all the different plants, animals and micro-organisms, and
the ecosystems of which they are a part.
“Biodiversity Corridors” are broad tracts of vegetated, cleared and partly cleared land, extending across the
Noosa landscape that consolidate or connect core habitat, and can occur across private and/or public land.
“Conservation Land Guideline” is a mapping methodology to identify environmentally significant land for
potential acquisition or for private land conservation outcomes.
“Core Protected Areas” are large biodiverse areas that consist collectively of public land already under
conservation protection such as National Park, Bushland Reserves and Nature Refuges.
“Environment” refers to the use of the word to describe the natural (not man-made) environment of the
region and includes the natural ecological systems of air, water, soil and associated species of flora and fauna.
“Environment Levy” refers to a levy raised by Council (in accordance with section 94 of the Queensland
Local Government Act 2009), on all rateable properties within its jurisdiction, in order to meet the objectives in
this policy.

RELEVANT LEGISLATION
Noosa Council Environment Levy Policy 2018
Qld Environmental Offsets Policy 2022
Qld Land Act 1994
Qld Nature Conservation Act 1992
Qld Planning Act 2016
Qld Vegetation Management Act 1999

Version control:
 Version        Reason/ Trigger                   Change (Y/N)   Endorsed/ Reviewed by       Date

 1.0            Create new                                       Council                     20/09/2018

 2.0            Revision                          Y              Council                     16/01/2020

 3.0            Revision

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DEFINITIONS
“Biodiversity” refers to the variety of all life forms - all the different plants, animals and micro-organisms, and
the ecosystems of which they are a part.
“Conservation Land Guideline” is a mapping methodology to identify environmentally significant land for
potential acquisition or for private land conservation outcomes.
“Core Protected Areas” are large biodiverse areas that consist collectively of public land already under
conservation protection such as National Park, Bushland Reserves and Nature Refuges.
“Environment” refers to the use of the word to describe the natural (not man-made) environment of the
region and includes the natural ecological systems of air, water, soil and associated species of flora and fauna.
“Environment Levy” refers to a Levy raised by Noosa Council (in accordance with section 94 of the
Queensland Local Government Act 2009), on all rateable properties within its jurisdiction, in order to meet the
objectives in this policy.
“Biodiversity Corridors” are broad tracts of vegetated, cleared and partly cleared land, extending across the
Noosa landscape that consolidate or connect core habitat, and can occur across private and/or public land.
RELEVANT LEGISLATION

Noosa Council Environment Levy Policy 2018
Qld Environmental Offsets Policy 2014
Qld Land Act 1994
Qld Nature Conservation Act 1992
Qld Planning Act 2016
Qld Vegetation Management Act 1999

Version control:
 Version       Reason/ Trigger                 Change (Y/N)   Endorsed/ Reviewed by        Date

 1.0           Create new                                     Council                      20/09/2018

 2.0           Revision                        Y              Council                      16/01/2020

Page 11

Appendix 1 - Core Protected Areas and Biodiversity Corridors

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Page 12

Appendix 2 –Binding Covenant Example document

QUEENSLAND TITLES REGISTRY               COVENANT FORM 31 Version 3
Land Title Act 1994 and Land Act 1994               Page 1 of 5
  Dealing Number                                                                     Lodger (Name, address, E-mail & phone number) Lodger
                                                                                                                                   Code
                             OFFICE USE ONLY
 Privacy Statement
 Collection of information from this form is authorised by legislation and is
 used to maintain publicly searchable records. For more information see
 the Department’s website.
 1.                               Covenantor




 2.                   Description                           ofCounty                           Parish                     Title Reference
 Covenant / Lot on Plan

 3.                               Covenantee
 Noosa Shire Council



 4.                    Description of Covenant (include reference to relevant section of legislation)
 Pursuant to Section 97A(3)(b)(i) of the Land Title Act 1994




 5.                               Execution
 The Covenantor being the registered owner of the lot described in item 2 covenants with the Covenantee in respect of the covenant
 described in item 4 and the attached schedule.


 Witnessing officer must be aware of his/her obligations under section 162 of the Land Title Act 1994


                                  signature

                                  full name

                               qualification    /    /
 1                             Witnessing Officer       Execution Date                   Covenantor's Signature
 (Witnessing           officer            must         be         in                         accordance           with      Schedule        1
 of Land Title Act 1994 eg Legal Practitioner, JP, C Dec)


                                  signature

                                  full name

                                  qualification   /          /
 2                                Witnessing Officer              Execution Date         Covenantee's Signature
 (Witnessing             officer            must                 be             in            accordance          with       Schedule       1
 of Land Title Act 1994 eg Legal Practitioner, JP, C Dec)

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                                                                                  ATTACHMENT 2
THIS COVENANT IS TO BE USED ONLY IN CONJUNCTION WITH A CONSERVATION
AGREEMENT

1.    Definitions

‘The Act’ means the Land Protection (Pest and Stock Route Management) Act 2002.

‘Authority’ means all authorities or instrumentalities (other than the Council) which have
jurisdiction over the
Conservation Works.

‘Conservation Area’ means the area or areas described in Item 2 of the Form 31 and includes any
estate or interest in on or over such land, the airspace above the surface of the land and the
subsoil of the land.

‘Conservation Agreement’ means any agreement in respect of the conservation of the Land or
any part thereof between the Council and the registered proprietor of the Land, as amended from
time to time in writing.

‘Conservation Works’ means the activities, if any, that the Covenantor is required to undertake
under this document, the Conservation Agreement or the EMP.

‘the Council’ means the Covenantee specified in Item 3 of the Form 31.

‘delegated officer’ means any officer delegated by the Council or its Chief Executive Officer with
authority to make decisions and give direction on behalf of the Council in relation to this covenant,
the EMP or the Conservation Agreement.

‘Development’ has the meaning given in the Sustainable Planning Act 2009.

‘Locally native vegetation’ means vegetation that occurs naturally on the Land or in close
proximity to the Land or in the Councils opinion would have once occurred in the local area of the
Land.

‘the Land’ means that land described as Lot << on SP<<, County of March, Parish of <<, known as
<<, Queensland in which the Conservation Area is located.

‘EMP’ means the environmental management plan (if any) agreed between the Covenantor and the
Council, in relation to the Covenant Area, as amended from time to time.

‘Notice’ means any certificate, demand or notice to be made, given or served by a party under this
document.

‘Pest Management Strategy’ means a strategy for the management of environmental pests
published by the
Council in accordance with the Act;

‘Planning Scheme’ means the Council’s planning scheme as it applies to the Land from time to
time;

‘vegetation’ means any tree, bush, fungi, algae or other terrestrial or aquatic thing including or
natural parts or materials naturally produced of by or from such vegetation, whether living or dead.

‘Vegetation Protection Local Law’ means any local laws made by the Council which provide for
the protection of native vegetation.

2.    Purpose

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The purpose of this covenant is to ensure that the Conservation Area is used to preserve the native
animals and plants thereon in accordance with Section 97A(3)(b)(i) of the Land Title Act 1994.

3.     Covenantor’s Obligations

3.1.                 The Covenantor must, unless otherwise agreed in writing by the Council,
undertake the Conservation Works and observe and comply with the following conditions:

(a)                        comply with the Conservation Agreement and EMP;


(b)                   in addition to the Covenantor’s obligations to control Class 1 and 2 pest
declared under the Act, the Covenantor must also, unless specified otherwise in the EMP, make
reasonable endeavours to keep the Conservation Area free of any Class 3 pests declared under
the Act as well as any other environmental weeds listed in the Planning Scheme or any Pest
Management Strategy;

(c)                    not object to the Council declaring all or any part of the Conservation Area
to be a protected area under a Vegetation Protection Local Law;

(d)                  not by action or omission cause or allow any locally native vegetation in the
Conservation Area to be trimmed, pruned, lopped, cut down, moved, removed, harvested,
damaged or destroyed other than as specified in the EMP or in writing by a delegated officer;

(e)                     (unless required by law) not allow any fossicking, prospecting, exploration
or mining, extraction or production of gas, petroleum, minerals, soil, timber or other substances to
take place on the Covenant Area without the written consent of the Council. The Covenantor shall
notify the Council of any proposal to conduct any such activity and shall not approve such proposal
or allow any party to enter upon the Conservation Area for the purpose of such proposal, without
prior written permission of the Council;

(f)                     not carry out Development in the Conservation Area other than as specified
or approved in writing by a delegated officer;

(g)                     ensure that no fill, soil, rock, rubbish, ashes, garbage, waste or other
material foreign to the Conservation Area is deposited in the Conservation Area unless specified in
the EMP;

(h)                  not introduce any fauna, domestic animals or vegetation into the
Conservation Area which are not indigenous to Australia, unless specified in the EMP;

(i)                    not allow vehicles in the Conservation Area except vehicles used for the
purpose of undertaking Conservation Works in a manner agreed to in writing by a delegated officer
or vehicles used for emergency services;

(j)                   not carry out any act on or in respect of the Conservation Area which in the
Council’s reasonable opinion may have a detrimental impact on the Conservation Area.

3.2.                    Notwithstanding the conditions set out in Clause 3.1, if any living or dead
vegetation on the Conservation Area poses a risk to human safety, such vegetation may be cut
down or trimmed so as to remove the risk with the prior written consent of a delegated officer
stating that the Conservation Works specified in the notice are to be undertaken.

4.     Performance of Conservation Works

4.1.   The Covenantor shall:

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(a)                   apply for and obtain any necessary approvals for the undertaking of the
Conservation Works from any other Authority;

(b)                        not commence Conservation Works until it has obtained all appropriate
approvals.

4.2. The Conservation Works shall be undertaken in accordance with the requirements and to the
satisfaction of the
Council and any Authority.

4.3.   In the event of non-compliance by the Covenantor with the Covenantor’s obligations, the
Council may, in its
absolute discretion:

(a)                      issue a written direction requiring the Covenantor to remedy the non-
compliance; and/or
(b)                      carry out any planting, replanting, rehabilitation or remedial work to restore
any vegetation harmed or damaged caused by the non-compliance to a state as near as is
practical to the state prior to such damage or harm.

4.4.                     Where the Council issues a written direction pursuant to Clause 4.3,
the Covenantor shall comply with the directions within 14 days or such other time period as may
be specified in the direction.

4.5.                    In the event that the Covenantor fails to comply with a written direction
within the time allowed in accordance with Clause 4.4, the Council or its agents may enter the
Land, perform the work required to rectify the non-compliance and recover from the Covenantor
the costs of performing that work as a debt.

5.     Access and Inspection

The Council and its officers and contractors shall be entitled to enter upon the Land at all
reasonable times on reasonable notice to inspect the Conservation Works provided that in entering
upon the Land it causes as little disturbance to the Conservation Area and the Covenantor as is
possible in the circumstances. No such notice need be given by the Council in the event of an
emergency such as an imminent risk of substantial damage to the Conservation Works or
vegetation in the Covenant Area.

6.     Notice of Intended Change in Ownership

Where the Covenantor intends to transfer title to the Land to another person, the Covenantor
must notify the Council in writing of the intended transfer and the name and address of the
proposed new owner of the Land at least 14 days prior to the change of ownership or control.

7.                         Settlement of Disputes

7.1                        This clause shall apply to any dispute between the parties to this Covenant.

7.2                    Any dispute as to the performance of this Covenant or arising out of this
Covenant that has not been resolved by agreement between the parties must be clearly identified
in a Dispute Notice served by one party on the other party.

7.3                     Within five (5) days of the date of the Dispute Notice, the parties must meet
to discuss the dispute and its possible determination.

7.4                     The parties may, within seven (7) days of meeting in accordance with
clause 7.3, agree to refer the dispute to mediation.

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7.5                            If the parties agree to mediate in accordance with clause 7.4, then
the parties may either:
(a)                      appoint a mediator agreed by the parties; or
(b)                            where the parties fail to agree to the appointment of a mediator within
the period referred to in clause 7.4, either party may request for the President for the time being of
the Queensland Law Society Incorporated to nominate a mediator which the parties must then
appoint as the mediator.

7.6                     The costs of any mediator appointed under clause 7.5 must be borne
equally by the parties.

7.7                     If any dispute notified under clause 7.2 remains unresolved, then at any
time fourteen (14) days after the date of a Dispute Notice, and whether before or after reference of
a dispute to a mediator under clause 7.5, either party may institute proceedings In the appropriate
court for determination of the dispute.

7.8                      The parties may mutually agree in writing to extend any time period
specified in this clause 7.

7.9                    Clause 7 of this Covenant does not prevent the Covenantor or the Council
from obtaining any injunctive declaratory or other Interlocutory relief from a court, which may be
urgently required.

8.                         Services

8.1                   A notice is sufficiently made, given, issued or served by a party if left at or
forwarded by prepaid post In an envelope addressed to the other party or any of them (where there
are more persons than one person comprising the other party} at the address of that party.

8.2                      A notice if sent by prepaid post is deemed to have been made, given,
issued or served at the time when in the due course of the post it would be delivered at the
address to which it is directed whether or not it is actually received.

8.3                   In proving service of a notice made, given or served by the Council it is only
necessary for the Council to certify to that effect under the hand of the Chief Executive Officer.

8.4                        A notice given by a party must be:
(a)                        in writing;
(b)                        signed by the party, an officer of that party or the solicitor of that party; and

(c)                    a party receiving a notice is not obliged to enquire as to the authority of the
person signing the notice.

9.                         Covenant Runs with the Land

                         This Covenant burdens the Land and runs with the Land and binds the
successors in title to the Land and to any parcel into which the Land is reconfigured by any means.

10.                        No Effect on Rates and Charges and Compliance with Laws

                           For the avoidance of doubt, nothing in this Covenant:

(a)                    affects the liability of the Covenantor to pay all taxes, rates, charges and
levies lawfully imposed in respect of the Land; and

(b)                   imposes a liability on the Council to make a monetary payment to the
Covenantor in the form of compensation or otherwise.
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11.                        Registration

11.1                     The Covenantor shall do everything necessary at the Covenantor's
expense to ensure that this Covenant is registered against the title to the Land within one month
after the execution of this Covenant by Council.

11.2                   The Council shall do everything necessary (including executing any
documents) to give effect to this Covenant.

12.                        Waiver

12.1                     No waiver by the Council of any breach by the Covenantor of any of the
provisions of this Covenant shall be implied against the Council or be otherwise effective unless it
is in writing under the hand of the Chief Executive Officer.

12.2                   A single or partial exercise or waiver of a right relating to this document will
not prevent any other exercise of that right or any other right.

13.                        Laches and Delay


                         No laches or delay by the Council at any time or times in enforcing any of
its rights, powers and the like under this Covenant prejudice or affect those rights or powers.

14.                        Severence

                       If any provision of this Covenant cannot be given effect or full force and
effect by reason of statutory invalidity that provision shall be severed or read down but so as to
maintain and uphold so far as possible the remaining provisions of this covenant.




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Appendix 3 - Example Voluntary Conservation Agreement document



VOLUNTARY CONSERVATION AGREEMENT

Dated the                        day of                         20


BETWEEN:                   << of <<



AND:                              Noosa Shire Council of 9 Pelican Street Tewantin in the State of
Queensland

BACKGROUND
A.                      The Council and the Owner acknowledge the importance of the
conservation of nature in Noosa Shire.
B.                      The Council and Owner further acknowledge that the participation of private
landowners is essential to the protection of biological diversity, including native flora and fauna and
their habitats.
C.                      The Council seeks to facilitate the protection of environmentally significant
areas on private properties within the region, and is prepared to support property owners to
achieve this.
D.                      The Owner wishes to make a contribution to biodiversity conservation in
Noosa Shire by entering into a formal arrangement with the Council for the protection of the
conservation values of the Owner’s Property.
E.                      This Agreement is in relation to the management of the Conservation Area.
THE PARTIES AGREE AS FOLLOWS
1.                        Definitions
‘Council’ means Noosa Shire Council.
‘Covenant’ means the covenant pursuant to Section 97A(3)(b)(i) of the Land Title Act 1994
entered into by the Council and the Owner on or about the date of this agreement which is to be
registered on the title to the Property.
‘EMP’ means the Environmental Management Plan for the Conservation Area entered into by the
Council and the Owner in accordance with this agreement as amended from time to time.
‘Expert’ means the person who the parties appoint for the purposes of clauses 3.6 & 3.7.
‘Conservation Area’ means that part of the Property which is subject to the Covenant.
‘Owner’ means <<< the registered proprietor, in fee simple of the Property.
‘Property’ means the property known as <Address>, Queensland being Lot <<< on Plan <<< in
the County of <<< Parish of <<< Title Reference <<<.
2.                        Agreement binds registered proprietor
2.1.                      The Owner’s obligations only bind the Owner while the Owner is recorded
as the registered proprietor of the Property.
2.2.                      Nothing in this Agreement renders the Owner liable for any breach of this
Agreement occurring when the Owner is no longer the registered proprietor of the Property.
3.                        Environmental Management Plan (EMP) and Covenant
3.1.                      This Agreement includes the EMP and the Covenant.
3.2.                      The covenant shall be in the form annexed hereto in schedule 1.
3.3.                      The management of the Conservation Area is to be undertaken in
accordance with this Agreement by the Owner.

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3.4.                     The EMP has been, or will be, prepared by the Council in consultation with
the Owner within 12 months of the date hereof.
3.5.                     The Council and the Owner may agree to change the EMP. Once both
parties have executed the changed EMP, the changed EMP becomes part of this agreement in
place of the previous EMP.
3.6.                     If the Owner and the Council do not agree on the terms of the EMP or upon
any change which may be proposed to the EMP, either party may refer the dispute to the Expert
whose decision in the matter shall be final.
3.7.                     In the event that the parties do not agree upon the appointment of an
expert either party may after giving the other party 7 days’ notice refer the matter to the President
of the Queensland Law Society or nominee who shall appoint the Expert. The cost of appointing
the Expert will be shared equally by the Council and the Owner.
4.                       What Council will do
Once the EMP is entered into by the Council and the Owner, the Council will incur expenses
and/or reimburse the Owner for the Owner’s expenses associated with the implementation of the
EMP (provided that the management tasks attributable to the Owner under the EMP have been
performed to the satisfaction of the Council) up to the sum of $………………. for each year that this
agreement remains in force to a maximum term of 5 years.
4.1.                     Nothing in this agreement affects the obligations of the Owner to pay all
rates, taxes, charges and levies lawfully imposed in respect of the Property.
4.2.                     The Council will pay any registration and surveying costs in relation to this
Agreement and the Covenant.
4.3.                     The Council may give the Owner such other assistance to manage the
Conservation Area as is provided for in the EMP.
5.                       Adjacent Land
The Owner shall not do or permit any other person to do, anything on that part of the Property
adjacent to the Conservation Area which may adversely affect the Conservation Area or any plants
or animals thereon.
6.                       Recovery of money
The Council reserves the right to recover from the Owner any money paid by the Council under
Clause 4 in the event that such monies have not been spent for the purposes set out in this
Agreement and in the EMP.
7.                       Effect on Easement (insert where relevant)
7.1.                     In the event that all or any part of the Conservation Area is also subject to a
registered easement, this agreement does not prevent use of the easement in accordance with the
existing terms of that easement.
7.2.                     The Owner shall not grant any new easements affecting all or any part of
the Conservation Area and shall agree not to amend the terms of any existing easements affecting
all or any part of the Conservation Area, unless the written consent of the Council is first obtained.
The Council shall not unreasonably withhold its consent to any such easement or amendment if
the terms thereof give due respect to the potential impact they may have on the native vegetation
in the Conservation Area.
8.                       Indemnity
The Owner shall indemnify the Council against all claims, demands, costs, interest penalties and
liabilities whatsoever arising out of or in connection with this agreement or its performance or
breach, not solely and directly attributable to any breach of the terms of this Agreement by the
Council.
9.                       Severability
If any provision of this Agreement is found to be invalid, the remainder of the Agreement continues
to apply.
10.                      Extent of prohibitions and restrictions
None of the prohibitions and restrictions specified in this Agreement will apply to the extent
necessary for reasonable protection of human life and property from wildfire or other threatening
events.
Each party shall pay their own legal costs of and incidental to the preparation of this agreement.
11.                      Service of notices
11.1.                    Notice to the Council will be deemed given:
by mail 14 days after deposit in the post to the address in Clause 11.2 with postage pre-paid.
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11.2.                     Address for service of the Council:
Chief Executive Officer
Noosa Council
PO Box 141
Tewantin
Qld 4565
11.3.                     Notice to the Owner under this agreement must be given at the address set
out in Clause 11.4 and will be deemed to be so given:
(a)                       14 days after the deposit in the post of Notices to such address with
postage pre-paid; or
(b)                       when delivered by hand to such address.
Where reasonably possible, Council shall also confirm by telephone to the Owner that the Notices
have been sent.
11.4.                     Address for service of the Owner:
……………………………………….
12.                       Time
Time shall in all cases be of the essence of this agreement.
13.                       Review
Subject to the resources available to the Council, from time to time, the Council and the owner
shall jointly review the effectiveness of this Agreement and the EMP.
14.                       Delay
No delay by the Council at any time or times in enforcing any of its rights or powers under this
Agreement shall prejudice or affect those rights or powers.
15.                       Dispute
Any dispute between the parties will be subject to the dispute resolution procedure set out at
clause 7 of the Covenant.
16.                       Costs
Each party shall pay their own legal costs of and incidental to the preparation of this agreement.
Executed as an agreement.
SIGNED by ______________________
(CEO or Delegated Officer) for and on )
behalf of the NOOSA COUNCIL in the )                   ……………………………………….
presence of:                          )                CEO or Delegated Officer
                                      )
…………………………………………….                    )
Witness                               )

…………………………………………….
Name of Witness


EXECUTED by (Insert name)                         )
                                                  )
in the presence of:                               ) ………………………………………….

…………………………………………….
Witness

…………………………………………….
Name of Witness




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