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
           3.2.  The covenant shall be in the form annexed hereto in schedule 1.
           3.3.  The management of the Conservation Area is to be undertaken in accordance with this
                 Agreement by the Owner.
           3.4.  The EMP has been, or will be, prepared by the Council in consultation with the Owner within
                 12 months of the date hereof.
           3.5.  The Council and the Owner may agree to change the EMP. Once both parties have executed
                 the changed EMP, the changed EMP becomes part of this agreement in place of the
                 previous EMP.
           3.6.  If the Owner and the Council do not agree on the terms of the EMP or upon any change
                 which may be proposed to the EMP, either party may refer the dispute to the Expert whose
                 decision in the matter shall be final.
           3.7.  Inthe event that the parties do not agree upon the appointment of an expert either party may
                 after giving the other party 7 days’ notice refer the matter to the President of the Queensland
                 Law Society or nominee who shall appoint the Expert. The cost of appointing the Expert will
                 be shared equally by the Council and the Owner.
           4.    What Council will do
           Once the EMP is entered into by the Council and the Owner, the Council will incur expenses
           and/or reimburse the Owner for the Owner’s expenses associated with the implementation of the
           EMP (provided that the management tasks attributable to the Owner under the EMP have been
           performed to the satisfaction of the Council) up to the sum of $................... for each year that this
           agreement remains in force
           4.1.  Nothing in this agreement affects the obligations of the Owner to pay all rates, taxes, charges
                 and levies lawfully imposed in respect of the Property.
           4.2.  The Council will pay any registration and surveying costs in relation to this Agreement.
           4.3.  The Council may give the Owner such other assistance to manage the Conservation Area as
                 is provided for in the EMP.
           5.    Adjacent Land
                 The Owner shall not do or permit any other person to do, anything on that part of the
                 Property adjacent to the Conservation Area which may adversely affect the Conservation
                 Area or any plants or animals thereon.
           6.    Recovery of money
                 The Council reserves the right to recover from the Owner any money paid by the Council
                 under Clause 4 in the event that such monies have not been spent for the purposes set out
                 in this Agreement and in the EMP.
           7.    Effect on Easement (insert where relevant)
           7.1.  In the event that all or any part of the Conservation Area is also subject to a registered
                 easement, this agreement does not prevent use of the easement in accordance with the
                 existing terms of that easement.
           7.2.  The Owner shall not grant any new easements affecting all or any part of the Conservation
                 Area and shall agree not to amend the terms of any existing easements affecting all or any
                 part of the Conservation Area, unless the written consent of the Council is first obtained. The
                 Council shall not unreasonably withhold its consent to any such easement or amendment if
                 the terms thereof give due respect to the potential impact they may have on the native
                 vegetation in the Conservation Area.

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