2021-09-13 General Committee Meeting Agenda

GENERAL COMMITTEE MEETING AGENDA                                               13 SEPTEMBER 2021


These negotiations have now successfully concluded with Council playing a facilitation role and this
part of the report will outline proposed changes required to existing contracts to give effect to those
negotiations.
The contractual impact of these new arrangements are as follows:-
     A new contract will be put in place between the State Government and Greenfleet that provides
      for Greenfleet to undertake a significant investment in the revegetation of the harvested areas
      (both the pine and hardwood areas) in exchange for the State assigning their carbon
      abatement rights in the land to Greenfleet. As outlined in my July 2020 report, the scale of
      Greenfleet’s investment in revegetation will be over $4M. Council is not a party to this
      agreement as it is the State that has the current land tenure and ownership of carbon rights.
      The State has been through an 18-month assessment and negotiation process with Greenfleet
      to achieve this outcome. It is quite complex from a contractual and tenure perspective but the
      State and Greenfleet have worked through this innovative approach very well and have
      effectively created a new template for dealing with these types of matters across Queensland.
     One of the conditions of the agreement between the State and Greenfleet is the requirement
      for Greenfleet to enter into an Indigenous Land Use Agreement (ILUA) with the Kabi Kabi
      claimant group (Council and the State are not parties to this ILUA). Greenfleet and Kabi Kabi
      have successfully negotiated that ILUA which has been signed by both Kabi Kabi and
      Greenfleet and was registered in the National Native Title Tribunal on 27 August 2021. This
      ILUA provides the Kabi Kabi with a range of opportunities including job opportunities via
      Landcare (with Landcare set to implement much of the planting on behalf of Greenfleet),
      engagement regarding indigenous cultural heritage assessments on site and a share of
      income that Greenfleet obtains from the sale of its carbon credits to corporate supporters.
     The original MOU entered into in 2017 will be replaced with an updated MOU to add the Kabi
      Kabi and Greenfleet as members of this project. This will include having the Kabi Kabi and
      Greenfleet as part of the ongoing Transition Committee which is a positive outcome. There
      are no other changes to the intent and purpose of the MOU. The updated MOU would be
      signed by all parties once the State, Greenfleet and the Kabi Kabi have finalised the
      documentation above.
     The agreement between the State, Council and NPA will also be updated. The only changes
      are:
           Neither Noosa Council nor NPA will now be required to undertake any remediation
            works. Under the previous arrangements, Council was obliged to fund $125,000 pa for
            5 years towards vegetation remediation on the pine areas starting in year 6 of the project.
            With the injection of the funds from Greenfleet, this will no longer be required saving
            Council $625,000 from future Environment Levy funding while at the same time,
            achieving a better environmental outcome
           The land tenure can go straight from Plantation Licence/State Forrest to National Park
            given that QPWS will accept the harvested lands as National Park given the increased
            investment in vegetation remediation and the better than expected natural regeneration
            underway. This removes any obligation for Council to take on trusteeship, maintenance
            and remediation work before the land becomes National Park.
           Instead of making a financial contribution towards remediation, Council will use “best
            endeavours” to identify any future opportunities to acquire more environmental land in
            the locality but there is no legal obligation for Council to do so. (Council has recently
            acquired land at Lake Flat Road, Boreen Point just to the north of this site).
     The agreement between Council and NPA will also be amended. It will remove NPA’s
      obligation to undertake remediation works. Under the previous arrangements, NPA, like
      Council, was planning to put $125,000 pa for 5 years towards vegetation remediation on the
      pine areas starting in year 6 of the project. That is no longer required by the State Government
      given the investment by Greenfleet. No other changes are required.

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