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

POLICY GUIDELINE – Private Land Conservation Partnerships




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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