2018-09-11 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   11 SEPTEMBER 2018




                                                        Page 81 of 95

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                           11 SEPTEMBER 2018

           POLICY GUIDELINE — Private Landholder Conservation Partnerships
           Appendix 3 - VCA Example

                             VOLUNTARY CONSERVATION AGREEMENT

                           Dated the                  day of                           20

           BETWEEN:      << of <<

           AND:          Noosa Shire Council of 9 Pelican Street Tewantin in the State of Queensland

           BACKGROUND
           A. | The Council and the Owner acknowledge the importance of the conservation of nature in
                 Noosa Shire.
           B.    |The Council and Owner further acknowledge that the participation of private landowners is
                 essential to the protection of biological diversity, including native flora and fauna and their
                 habitats.
           C.    The Council seeks to facilitate the protection of environmentally significant areas on private
                 properties within the region, and is prepared to support property owners to achieve this.
           D.    The Owner wishes to make a contribution to biodiversity conservation in Noosa Shire by
                 entering into a formal arrangement with the Council for the protection of the conservation
                 values of the Owner’s Property.
           E.    This Agreement is in relation to the management of the Conservation Area.
           THE PARTIES AGREE AS FOLLOWS
           1.    Definitions
                 ‘Council’ means Noosa Shire Council.
                 ‘Covenant’ means the covenant pursuant to Section 97A(3)(b)(i) of the Land Title Act 1994
                 entered into by the Council and the Owner on or about the date of this agreement which is to
                 be registered on the title to the Property.
                 ‘EMP’ means the Environmental Management Plan for the Conservation Area entered into
                 by the Council and the Owner in accordance with this agreement as amended from time to
                 time.
                 ‘Expert’ means the person who the parties appoint for the purposes of clauses 3.6 & 3.7.
                 ‘Conservation Area’ means that part of the Property which is subject to the Covenant.
                 ‘Owner’ means K<< the registered proprietor, in fee simple of the Property.
                 ‘Property’ means the property known as            , Queensland being Lot <<< on Plan <<<
                 in the County of <<< Parish of <<< Title Reference   <<<.
           2.    Agreement binds registered proprietor
           2.1.  The Owner’s obligations only bind the Owner while the Owner is recorded as the registered
                 proprietor of the Property.
           2.2.  Nothing in this Agreement renders the Owner liable for any breach of this Agreement
                 occurring when the Owner is no longer the registered proprietor of the Property.
           3. | Environmental Management Plan (EMP) and Covenant
           3.1.  This Agreement includes the EMP and the Covenant.
                                                                                                    Page 8

                                                                                                    Page 81 of 95