2018-09-11 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   11 SEPTEMBER 2018




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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                            11 SEPTEMBER 2018

           POLICY GUIDELINE -— Private Landholder Conservation Partnerships
           Administrative and Legal Requirements
           The Voluntary Conservation Agreement (VCA)
           A Voluntary Conservation Agreement is a legal document that outlines the terms agreed to
           between the landholder and Council relevant to the conservation area that is under statutory
           protection (see example agreement Appendix 3).
           The VCA includes details of:
           °     Statutory Conservation Protection
           °     Environmental Management Plan
           °     Financial incentives
           The following applies to the VCA:
           e     The agreement is developed in consultation with the landholder.
           °     The maximum term of the VCA is 5 years.
           °     The VCA can be extended past 5 years if agreed by both parties and there are compelling
                 reasons to continue environmental works on a review of the associated Environment
                 Management Plan (e.g. an extreme event such as fire or flood that has damaged restoration
                 works or works critical to the survival of a threatened species).
           e     The VCA terminates when land changes ownership or when the term of the Environment
                 Management Plan is complete. If ownership of the property changes, Council may seek to
                 engage the new landholder in a new VCA agreement if it is necessary to continue works as
                 identified in the associated Environment Management Plan.
           Landholders are encouraged to seek independent legal and financial advice prior to placing statutory
           conservation protection over their land and entering into an agreement. Due to the associated start-
           up costs incurred by Council, before formalising a Voluntary Conservation Agreement, a letter of
           agreement to proceed will be provided to the landholder for signing.
           The Statutory Conservation Protection
           There are a number of statutory conservation protection mechanisms landholders can utilise to
           protect their conservation area into perpetuity.
           Under the Land Act 1994, a binding covenant (see example Appendix 2) is registered through the
           titles office and the covenant runs with the title if the property if sold to a new owner. Similarly, a
           Nature Refuge declared under the Nature Conservation Act 1992 can be placed over all or part of a
           property and conservation protection runs with the title.
           Environmental Management Plan
           Council will develop an Environmental Management Plan (EMP) in consultation with the landholder
           which can be reviewed with the landholder on annual basis. At the end of the 5 year term and at the
           request of the landholder, the EMP may be reviewed to guide landholders with future actions. The
           EMP will include:
           °     description of the conservation area and environmental values
           e     any threatening processes
           °     management actions required
           °     timeframes to deliver the EMP.
           Support for VCA’s
           Financial Incentives
           Existing VCA’s:
           Council will continue to honour existing VCA’s that were entered into with the Sunshine Coast
           Regional Council. The agreed incentives will continue as per the individual landholder’s Voluntary
           Conservation Agreement and will be indexed by CPI annually to ensure the value of the incentive
           does not reduce in real terms over time. Incentives are paid annually following a property
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