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

POLICY GUIDELINE – Private Land Conservation Partnerships



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.
                                                                                                     Page 16