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

POLICY GUIDELINE – Private Land Conservation Partnerships


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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