2019-07-15 GC Agenda - Attachment 1 to Item 8 - Alliance and Funding Agreement - TNC and Noosa Council

ALLIANCE AND FUNDING AGREEMENT                  dated             day of                      2019


PARTIES:


Noosa Shire Council (ABN 97 969 214 121) of 9 Pelican St, Tewantin QLD 4565 (“Noosa Council”)


AND


The Nature Conservancy Limited A.C.N. 104 635 654 as Trustee for The Nature Conservancy
Australia Trust (ABN 83 243 328 398) having its principal office at Suite 2-01, The 60L Green
Building, 60 Leicester Street, Carlton, VIC 3053, Australia (“TNC”)


(each, a “Party” and collectively, the “Parties”).


BACKGROUND
A.    Noosa Council is a local government constituted for a public purpose under the Local
      Government Act 2009.
B.    Noosa Council’s objective is to work with the Noosa Shire community to shape Noosa Shire’s
      future and the vision is “Noosa Shire - Different by Nature”.
C.    TNC is an Australian Public Company limited by guarantee
D.    TNC’s mission is: “To conserve the lands and waters on which all life depends.”
E.    Both Parties wish to engage and work together to achieve the common goal of conserving,
      protecting and restoring marine and estuarine environments and ecosystems in the Noosa
      Shire, for the environmental, social, economic and cultural benefits they provide to the
      community of Noosa Shire and visitors.
F.    In particular, both Parties wish to engage in respect to:
      a.    shellfish reef restoration project; and
      b.    marine conservation activities,
      in the Noosa Council’s local government area, in accordance with the provisions of Schedule A
      - Project Description and Deliverables (collectively, the “Project”)


OPERATIVE PROVISIONS
1.    DEFINITIONS
               Agreement means this agreement including schedules.
               Background IP means Intellectual Property rights owned by or licensed to a Party
               as at the date of the Agreement, or acquired or developed by a Party during the term
               of the Agreement independently of the activities carried out under the Agreement,
               which that Party has the right to license to third parties and which are necessary or
               desirable for the performance of the services, the Deliverables or proper use of the
               goods.


Alliance and Funding Agreement                                                          Page 2 of 25