2017-10-13 Special Meeting

SPECIAL MEETING AGENDA   13 OCTOBER 2017




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SPECIAL MEETING AGENDA                                                                       13 OCTOBER 2017

                  2.2   The terms of reference for the joint transition committee are as set out in Schedule 2.
            3.    STATUS OF THE MOU
                  3.1   The parties acknowledge that the provisions of this MOU are not legally binding (except
                        for clause 7, ‘Confidential Information’).  Final policy decisions and legislative
                        enactments remain the responsibility of the respective departments of the State and the
                        Council and final contractual decisions remain the responsibility of each party.
                  3.2   Nothing contained in this MOU will fetter, act as an estoppel or as an agreement about
                        the exercise of discretion or the making of a decision.or subordinate legislation under
                        any law.
            4.    TIMEFRAME, MODIFICATION AND TERMINATION
                  4.1   This MOU commences on the date the last party signs this,MOU and will be operative
                        for a period of seven (7) years from that date, unless otherwise.varied by the parties or
                        terminated  or   until superseded    by   the  State/HQP    Agreement    and _ the
                        State/Council/NPA Agreement both being entered into.
                  4.2   Any variation of this MOU must bein writing and signed by all parties.
            5.    |PROPOSED OBLIGATIONS OF THE PARTIES
                  5.1   Subject to.all the parties reaching agreement the parties confirm their intentions to enter
                        into (as the Case may be) an agreement between the State (acting through DAF) and
                        HQP (State/HQP Agreement), and the agreement between the State (acting the E&HP),
                        Council and. NPA (State/Council/NRA Agreement).
                  5.2   The terms of the State/ HQP Agreement are intended to include:
                        5.2.14. Commercial arrangements which will be negotiated between the State and
                                HQP without involvement by either Council or NPA and which when agreed
                                willbe privy only to the State and HQP; and
                        5.2.2   Arrangements for the surrender by HQP of the plantation licence rights in the
                                PLA and other operational arrangements dealing with ongoing logging and
                                thinning, access and rehabilitation and related matters, and Council and NPA
                                will be entitled to be heard in negotiations between the State and HQP in
                                respect of those matters, and details of the final agreement in respect of those
                                matters will be formally disclosed to Council and NPA as part of the
                                State/Council/NPA Agreement given Council's and NPA's interests in those
                                matters as part funders of the payment to be made to HQP by the State.

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