2015-04-28 Planning and Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                   28 APRIL 2015


b.   An obligation on NBRF to preserve the Council’s Intellectual Property, and in
     particular, to require the usage of the ® symbol and support any certification mark
     application. If NBRF choose to implement a certification process, it would mean they
     would do the work to compile the application, but Council would need to be the formal
     applicant.
c.   An ability to sub-licence, with a requirement that any sub-licences granted by NBRF
     must be notified to Council prior to execution and must include clauses that the
     Council may reasonably require to preserve the Council’s Intellectual Property.
d.   NBRF will be required to provide a clause in their licence to third parties negating the
     option for any extension of Council’s licence if NBRF is terminated for any reason.
e.   A cap of 3 years for any term of licence granted by NBRF to other parties (but may
     include an option to extend subject to specific provisions).
f.   A survival clause so that the clauses relating to Intellectual Property continue after the
     term of the Funding Deed.

Previous Council Consideration

Ordinary Meeting 12 March – page 10 (in part):

A.   Agree to enter into a funding deed with the Noosa Biosphere Reserve Foundation Ltd
     as provided in Attachment 1 to the report to Planning & Organisation Committee dated
     3 March 2015 with the following changes:

     1.    Clause 4.1 Payments

           Amend clause 4.1 b) ii) to read “$250,000 (excluding GST) – payable to the
           NBRF Public Trust from the Environment Levy for projects that conserve and/or
           improve biodiversity in the Noosa Shire and have tangible and measurable
           outcomes”.

           Amend clause 4.1 b) iii) to read “$80,000 (excluding GST) – payable to the
           NBRF Public Trust for economic projects consistent with the purposes of the
           Trust.

     2.    Clause 6.2 Repayment of Funding

           Amend as outlined in the further report to General Committee dated 9March
           2015.

B.   Authorise the Chief Executive Officer to make minor alterations to the Deed, as may
     be necessary, and enter into a formal agreement with the Foundation.

Finance & Risk

The risks associated with the use and potential loss of the Intellectual Property of the Noosa
Biosphere® are now more adequately covered, including clearly provisions in the event that
NBRF fold for any reason.

After the initial payment for 2014-15 financial year, the agreement requires the NBRF to
lodge its budget requirements each year. Requests for funding will be considered in the
context of the board’s performance and Council’s budgetary position at that time.

As per the report to Council dated 12 March, 2015 funds have been provided is the 2014-15
budget for this purpose.


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