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2014-05-26 General Committee Agenda

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GENERAL COMMITTEE MEETING AGENDA                                                     26 MAY 2014


Noosa Biosphere Reserve Management Model

The proposed Noosa Biosphere Reserve Management Model was based on three tiers i.e.
strategy/coordination/doing. During the consultation period, there was a general understanding
and support for the concept of three tiers but there was feedback on specific issues within some
of the tiers and also comment on the need for more connectivity between the different tiers.

This section of the report will provide Council with details of each of the three proposed tiers
based on feedback during the consultation process.

A.     Strategy level

In its original proposal, the Working Group proposed a company to act as the oversight/strategy
driver of the Noosa Biosphere Reserve Project. There was considerable feedback on a number
of elements of this proposal including:

    Consideration of a trust instead of a company;
    The need to be able to attract funding to this level;
    Concerns about restrictions on who could be selected as a company director;
    Queries about whether or not Sector Board representatives should automatically qualify as
     directors of the company; and
    Queries about who ultimately “owns” the company.

Based on this feedback, the Working Group undertook further research into whether a trust
model would be more suitable compared to a company model. The CEO obtained specialist
legal advice in relation to a trust model and how that would work in practice.

The Working Group proposes a change to the suggested company model based on feedback
and legal advice. The model for the strategy tier is proposed as follows:

    The establishment of a trust (to be called the Noosa Biosphere Reserve Trust or similar)
     which would have roles such as-
     o setting strategic direction;
     o management of the brand and intellectual property;
     o attracting external funding;
     o facilitating research;
     o assessing and reporting on progress; and
     o distributing funding to the co-ordination level.

    The terms of the trust would be established and incorporated into a trust deed which would
     bind the trustee. It is important to clearly articulate the purpose of the trust as once
     established, it is difficult to change trust terms.

    The trust would seek registration as both a tax-exempt trust and also as a deductible gift
     recipient (DGR). A DGR trust is able to receive donations which provide the donor with a tax
     benefit. Depending on technical advice it might be necessary to establish two trusts to
     achieve this outcome but for all practical purposes, it would operate as the one trust entity.

    A trust would better suit the intent of the UNESCO Biosphere i.e. intellectual property,
     strategic direction etc is being undertaken in trust on behalf of the Noosa community.




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