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2018-06-27 Special Meeting Agenda

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SPECIAL MEETING AGENDA   27 JUNE 2018




                         Page 29 of 65

SPECIAL MEETING AGENDA                                                                27 JUNE 2018

                      where such funds are to be applied to rehabilitation works on the
                      subject land.    Where such funds are received and applied to
                      rehabilitation works on the subject land, the Council and NPA will
                      agree that their proportional financial contribution to the rehabilitation
                      works can be reduced based on those third party funds. For the sake
                      of clarity, the purpose of this clause is to recognise that both Council
                      and   NPA   expect   that grant  funds   from   both  government   or
                      philanthropic sources for rehabilitation of the HQP Licence Area may
                      be available thereby reducing the overall cost of for the rehabilitation
                      works on the subject land and that as such, their total contribution
                      towards the rehabilitation works will be able to be reduced on a
                      proportional basis. Any such variations will be made in writing and
                      agreed to by both parties.
        3.3    The Rehabilitation Contribution is to be paid in cleared funds by NPA to
               Council in annual tranches calculated in accordance with Clause 3.2 (c) up to
               a maximum capped amount as follows:
               (a)    $125,000.00 exclusive of GST on the first anniversary of the date of
                      gazettal of protected area tenure over the HQP Licence Area/s.
               (b)    $125,000.00 exclusive of GST on the second anniversary ofthe date
                      of gazettal of protected area tenure over the HQP Licence Area/s.
               (c)    $125,000.00 exclusive of GST on the third anniversary of the date of
                      gazettal of protected area tenure over the HQP Licence Area/s.
               (d)    $125,000.00 exclusive of GST»on the fourth anniversary of the of
                      gazettal of protected area tenure over.the HQP Licence Area/s.
               (e)    $125,000.00 exclusive of GST on the fifth anniversary of the date of
                      gazettal of protected area tenure over the HQP Licence Area/s.
               (f)    Council must.provide NPA with a tax invoice a minimum of 30 days
                      beforethe due date forthe amount of each tranche of the NPA Project
                      Rehabilitation Contribution.
        3.4    Notwithstanding the provisions of Clause 3.3, should the date of gazettal of
               protected area tenure over HQP Licence Areas occur prior to the final NPA
               Project Contribution being paid, the NPA Project Rehabilitation Contribution
               payments will commence 12 months after receipt by Council of the final NPA
               Project Contribution.
       4.      USE OF NPA FUNDING BY COUNCIL
        4.1    Council must use the NPA Project Rehabilitation Funding (which may include
               associated project management and land use management costs within the
               project area) towards funding the rehabilitation of parts of the HQP Licence
               Area.

        4.2    It is recognised that subject to agreement by all parties to the State Funding
               Deed, that deed provides an option for Council to offer to pay a financial
               contribution towards the cost of rehabilitation of harvested and fallow areas
               within the HQP Licence Area and allow transition of the HQP Licence area
               direct to National Park in lieu of a protected area tenure under the NCA with
               Council as trustee. In the event that this occurs, the requirements in relation
               to the Project Rehabilitation Contribution to Council will not apply and the

                                                                                      Page 29 of 65
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