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2022-10-24 General Committee Meeting Agenda

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GENERAL COMMITTEE MEETING AGENDA   24 OCTOBER 2022




                                      Page 50 of 113

GENERAL COMMITTEE MEETING AGENDA                                                                        24 OCTOBER 2022

                 Review of Noosa Oyster Ecosystem Restoration Project
                 Key Issues Report — Noosa Shire Council                                                                                      Confidential and subject to legal privilege
                                                                                                                                                                        18 October 2022
                 1       Overall Finding                                                                 2.4     Currency of this Report
                 Our (Norton Rose Fulbright Australia}, review found that the process adopted by         This Report is dated 18 October 2022 and reflects the findings from the review we
                 Council was generally consistent with its applicable policies and statutory             have conducted as at 5.00pm (Brisbane time} on that date in respect of the Project.
                 requirements and identified no major (red flag) issues. Vve identified a small          Unless specifically requested by Council, this Report will not be updated after that
                 number of areas of improvement and recommendations for Council's consideration          time in connection with any matter in or which affects the Report. Please contact
                 which are outlined in the Key Findings of this Report.                                  us if there is any aspect of the Report you would like us to update or expand on
                                                                                                         Risk categories.
                 2       How was this Report prepared?                                                   We have placed each of our key findings in one of the following 3 risk categories:
                 2.1     Overall Finding
                 22      Who was this Report prepared for?
                 Ve have prepared this Report atthe request of Noosa Shire Council (Council) in                    ap                                ;                ;      :
                 connection with the procurement review for the Noosa River Oyster Ecosystem              SCpacoheieee             cerepgetepel ve. fraer a    re crece     ie
                 Restoration Project (Project) and the Alliance and Funding Agreement dated 25            action                   the short or medium       require any action inthe
                 July 2019 between The Nature Conservancy Limited ABN 83 243 328 398 (TNC)                                        term is recommended       short term
                 and Council (Agreement).
                 Reliance on this Report is limited ta Council (see section 2.19 of Schedule 2}, and     25      Scope and limitations
                 to the assumptions and limitations detailed in this Report.
                                oo                                                                       This Report should be read in light of the scope of our review set outin Schedule 2
                 2.3     Materiality Criteria                                                            and the reliance information, limitations, qualifications and assumptions set out in
                                                                                                         this Report. In particular, it should be noted that our scope was not equivalent to a
                 This Report has been prepared on an “exceptions only" basis. It does not seek to        legal due diligence process and our observations are based solely on the
                 provide an exhaustive review of all issues arising out of the Project or the Review     information listed in Annexure A.
                 Materials. Instead, it highlights issues that, in our opinion, Council oughtto
                 consider and address in similar projects, including in respect of the application of    Dated:   18 October 2022
                 Council grants.
                 Our review has considered the following two phases:                                       OS
                 1.  Phase One: Project initiation (process undertaken by Council to engage TNC                                    :
                     and enter into the Agreement); and
                 2.  Phase Two: Project delivery.                                                        Ren Niemann, Partner
                 In respect of the above, we note a third phase of the Projectis current being           Caeanionbe hates Hattoritass:-Eulbright austoala
                 carried out, being the finalisation of the Project. As this phase is in progress, it is
                 beyond the scope of our review for the purposes of this Report.

                 AP AC #302981 652-3                                                                3                                                     © Norton Rose Fulbright Australia

                                                                                                              Page 50 of 113
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