2017-02-07 Planning and Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   7 FEBRUARY 2017




                                                    Page 119 of 125

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                              7 FEBRUARY 2017

                  9. Disputes

                      9.a    It is the intention of the Partners that any disputes that may arise under
                             this Memorandum of Understanding will be managed —

                            9.d.i      In the first instance, by the aggrieved Partner attempting to
                                       resolve the issue by cooperation, open communication,
                                       negotiation and compromise.

                            9.d.ii     In the second instance, the aggrieved Partner seeking the views
                                       of the Steering Committee, which at its discretion may make a
                                       non-binding recommendation to the Partners.

                            9.d. iii   In the third instance, the Chief Executive Officers (or delegated
                                       senior officers) of the Partners will meet to resolve the issue.

                  10. Termination

                      10.a   The Partners acknowledge the National Arrangement for the Land for
                             Wildlife program and accept that the Project Manager is committed to
                             delivering the Land for Wildlife program in South East Queensland in
                             accordance with the National Arrangement. Accordingly, the Participating
                             Local Government agrees that the Project Manager may at its absolute
                             discretion terminate this Memorandum of Understanding, cease
                             endorsement and funding support for the Land for Wildlife program in the
                             Local Government area and remove access and use of all authorised Land
                             for Wildlife trademark and copyright items from the Participating Local
                             Government if the Participating Local Government fails to undertake the
                             Roles and Responsibilities of this Memorandum of Understanding.

                      10.5   The Partners acknowledge that the Project Manager may be guided by the
                             views of the Steering Committee in exercising its discretionary rights to
                             terminate.

                      10.c   The Project Manager agrees that the Participating Local Government may at
                             its absolute discretion terminate this Memorandum of Understanding and
                             that, in so doing, the Participating Local Government will forfeit its
                             endorsement and funding support from the Land for Wildlife program and
                             will forfeit access and use of all authorised Land for Wildlife trademark and
                             copyright materials.

                      10.d   The Partners intend that any termination of this Memorandum of
                             Understanding under this Clause be in writing and be effected by giving 90
                             days written notice to the other Partner and to the Steering Committee.

                  Land for Wildlife Memorandum of Understanding —
                  Healthy Waterways and Catchments Limited and Noosa Council                  Page 10 of 16

                                                                                                 Page 119 of 125