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

POLICY GUIDELINE – Private Land Conservation Partnerships


(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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