REVISED POLICY GUIDELINES- PRIVATE LAND CONSERVATION PARTNERSHIPS · Policy Guideline - Private Land Conservation Partnerships Final with attachments

POLICY GUIDELINE – Private Land Conservation Partnerships


    2. Conservation Covenant
Further details are provided below:
Nature Refuge
A Nature Refuge gazetted under the Nature Conservation Act 1992 can be placed over all or part of
a property and runs with the title, binding successive owners. A Nature Refuge offers the highest
level of protection however is subject to Queensland Government requirements such as size of the
conservation area and exceptional biodiversity values. Compliance action in the event of a breach of
the Nature Refuge conditions is the responsibility of the Queensland Government. Where the
property meets eligibility criteria for a Nature Refuge this is Council’s preferred protection mechanism
as it does not require a survey plan which can be expensive. Council staff work with the State
Government to progress Nature Refuge dedication over eligible properties.
Conservation Covenant
Under the Land Act 1994, a conservation covenant is registered over the nominated conservation
area on the property and runs with the title, binding successive owners. The conservation covenant
(Appendix 4) is a legal agreement between the property owner (the covenantor) and Council (the
covenantee) and requires development of a survey plan, and preparation and lodgement of covenant
documents with Titles Qld. Compliance action in the event of breaches of conservation covenant
conditions is the responsibility of Council as the covenantee.
VCA – written agreement
The agreement (Appendix 5) and associated documentation is developed in consultation with the
landholder. The VCA terminates when land changes ownership or if both parties agree to terminate
the agreement. If ownership of the property changes, Council may seek to engage the new
landholder in a new VCA agreement if it is considered necessary to continue works as identified in
the associated Environment Management Plan.
Areas on VCA properties outside the conservation area can continue to be used for other purposes
(e.g. grazing, orchards, open space, future buildings). A VCA does not grant any public right of
access to the land. Landowners are encouraged to seek independent legal and financial advice prior
to placing statutory conservation protection over their land and entering into a VCA.
Due to the associated start-up costs incurred by Council during the VCA establishment process, a
letter of agreement to proceed must be signed by the landholder. This states that if the landowner
changes their mind about proceeding with the agreement, they will reimburse Council for any
reasonable costs outlaid up to the time the landowner notifies Council of their withdrawal from the
VCA process. Any third-party interest holders on the property title (such as a lending institution) must
provide consent for the VCA to proceed.
Environment Management Plan (EMP)
An EMP is developed for the conservation area. This EMP covers a description of the conservation
area and its environmental values, threatening processes (e.g., invasive species), and management
actions required. An EMP template is provided in Appendix 6.
Support for VCAs
Establishment costs
Council will outlay costs to establish Nature Refuge or Conservation Covenant over the nominated
section of the property. Costs include developing a survey plan of the covenant area, Nature Refuge
establishment tasks, Titles Queensland property searches, document preparation and lodgement
fees, as well as Council officer time.
Financial Incentive
The annual incentive to implement the EMP will be capped as follows:
• Minimum amount of $2,000 per annum for conservation areas up to 5 hectares in size.
• For conservation areas over 5 hectares an additional $200 will be available for every extra
   hectare, up to a maximum total of $6,000 each year.

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