2015-04-28 Planning and Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA    28 APRIL 2015




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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                                           28 APRIL 2015

                   d)  Undertake reporting to UNESCO Man and the Biosphere Program as required by UNESCO
                       and provide a copy to the Council.
                   e)  If required by Council, provide ad-hoc reports within 30 days of such request, or such lesser
                       period, setting out:
                               i) Any significant developments in or concerning the NBRF program;
                               ii) Any significant delays or difficulties encountered in performing the NBRF
                                  program in accordance with this Deed; and
               NBRF must permit the Council or its agent or representative to have access to NBRF’s records
               relating to funding provided by Council and must cooperate with any audit or information request
               carried out or requested by Council.
               For avoidance of doubt, the above paragraphs survive the expiration or earlier termination of this
               Deed, except for paragraph d).

               6     MANAGEMENT OF FUNDING

               6.1   Use of Funding
                   a)  NBRF must only expend the funding:
                           i)  For undertaking the NBRF program and purposes that are necessarily related to the
                           program, for which the funding was provided; and
                           ii) Otherwise in accordance with the’terms and conditions of this Deed.
                   b)  NBRF must not use the funding, any interestvacquired with the funds, any assets or the
                       existence of this Deed as any form of security for any.purpose, unless the Council has given
                       its prior written approval.

               6.2   Repayment of Funding
                   a)  If NBRF fails to remedya failure to comply with this Deed in a substantial respect within 30
                       days, or such longer period.as the Councilstipulates, after receiving notice requiring it to do
                       so, NBRF is liable, on demand from Council to repay to the Council the whole of the funding
                       provided for the NBRF program (or the amount of Funding paid as the case may be) for any
                       year inwhich the failure to comply onthe failure to remedy occurred;
                   b)  If NBRF fails to fulfil a term of this Deed, or part of it, on the NBRF program, NBRF is, subject
                       to paragraph d) of this clause, liable to repay to the Council the amount of unspent money
                       and the Council may recover that money from NBRF as a debt due to the Council; and
                   c)  If NBRF fails to spend the funding, or part of it, on the NBRF program, NBRF is, subject to
                       paragraph d) of this clause, liable to repay to the Council the amount of unspent money and
                       the Council may recover that money from NBRF as a debt due to the Council.
                   d)  If at the end of the Term, some of the funding has not been spent or committed to
                       legitimate contingency and reserves, that amount must be repaid to the Council (and the
                       amount may be recovered as a debt due to the Council), unless the Council provides written
                       permission for all, or some of the amount to be spent in some other manner that Council
                       directs.

               Funding Deed — Noosa Biosphere Reserve Foundation Ltd & Noosa Council                      Page 9

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