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AGENDA
Planning & Environment
Committee Meeting
Tuesday, 11 April 2023
commencing at 9:30 AM
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Tom Wegener (Chair), Karen Finzel, Clare Stewart, Brian
Stockwell
“Noosa Shire – different by nature”
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Page 2
PLANNING & ENVIRONMENT COMMITTEE MEETING 11 APRIL 2023
1. ATTENDANCE & APOLOGIES
2. CONFIRMATION OF MINUTES
3. PRESENTATIONS
4. DEPUTATIONS
5. REPORTS FOR CONSIDERATION OF THE COMMITTEE
REVISED POLICY GUIDELINES- PRIVATE LAND CONSERVATION
5.1.
PARTNERSHIPS
5.2. SMALL BUSINESS FRIENDLY PROGRAM
MCU22/0209 APPLICATION FOR MATERIAL CHANGE OF USE FOR SHORT
5.3.
TERM ACCOMMODATION AT 515 COOROY NOOSA ROAD, TINBEERWAH
MCU22/0038.01 – MINOR CHANGE TO A DEVELOPMENT PERMIT
5.4. (COMMERCIAL BUSINESS TYPE 1 – OFFICE AND COMMERCIAL BUSINESS
TYPE 2 - MEDICAL) AT 28 EENIE CREEK ROAD, NOOSAVILLE
PLANNING & ENVIRONMENT COURT APPEAL NO. BD2147 OF 2022 –
5.5. APPLICATION FOR A DUAL OCCUPANCY AT 6 MARGIT CRESCENT, SUNRISE
BEACH
6. REPORTS FOR NOTING BY THE COMMITTEE
PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY –
6.1.
FEBRUARY 2023
7. CLOSED SESSION
8. MEETING CLOSURE
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PLANNING & ENVIRONMENT COMMITTEE MEETING 11 APRIL 2023
5.1 REVISED POLICY GUIDELINES- PRIVATE LAND CONSERVATION PARTNERSHIPS
Author Acting Principal Environment Officer, Dave Burrows
Environmental Services Department
Index 21.35 Voluntary Conservation Agreements and Covenants
Attachments 1. Current and proposed
funding amounts to existing VCA properties – in
accordance with Section 254J
2. Revised Policy Guidelines - Private Land Conservation Partnerships -
track changes
3. Policy Guideline - Private Land Conservation Partnerships Final with
attachments
EXECUTIVE SUMMARY
This report provides an update on the current status of the Land for Wildlife (LfW) and Voluntary
Conservation Agreement (VCA) programs and requests amendments to the Policy Guideline –
Private Land Conservation Partnerships. The purpose of the amendments are to increase the level
of landowner engagement in the VCA program and ensure the incentives provided to VCA clients
are equitable. The report also proposes a new third private landowner engagement program called
a Split Zoning Conservation Program targeted at smaller properties that do not qualify for a VCA.
RECOMMENDATION
That Noosa Council (Council) note the report by the Conservation Partnerships Officer to the
Planning & Environment Committee Meeting dated 11 April 2023 and
A. Approve the amendments as outlined in the attached updated Private Land Conservation
Partnerships Policy Guideline; and
B. Request staff to address program resourcing as part of the 2023-24 budget process.
REPORT
The purpose of this report is to provide an update to Council on outcomes achieved with
Conservation Partnerships program delivery and seek Council endorsement for amendments to the
Policy Guideline – Private Land Conservation Partnerships.
This guideline provides direction to Council staff in delivering conservation programs to private
landowners in Noosa Shire. These programs contribute towards the Environment Strategy target of
50% of land in Noosa Shire managed for conservation by 2030. There is currently 36.6% of the shire
under conservation protection (Figure 1) and 40.8% of the shire's land being managed for its
environmental values, this figure includes Land for Wildlife as at 2021. Approximately 50% of
remnant vegetation within the shire exists on private property, including some vegetation types which
are poorly represented in existing protected areas. Council recognises that private land conservation
is well placed to make a significant contribution to conservation as part of a broader strategic
objective to protect and enhance biodiversity within Noosa Shire, as well as providing social and
wellbeing benefits to landowners and economic benefits to local communities. It is more cost
effective to work with willing landowners than purchasing land with associated acquisition and
maintenance costs. A comparison of these costs based on Sunshine Coast Council data between
2009 and 2013 is presented in Table 1 below.
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PLANNING & ENVIRONMENT COMMITTEE MEETING 11 APRIL 2023
Figure 1. Protected areas in Noosa Shire (Source QSpatial)
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PLANNING & ENVIRONMENT COMMITTEE MEETING 11 APRIL 2023
Table 1. Comparison of land acquisition and VCA costs (SCC data 2009 - 2013)
Land acquisition Cost per hectare VCA Cost per hectare
Purchase $20,000 Establishment $580
Annual Maintenance$500 Annual maintenance $190
Total $20,500 Total $670
An overview of the programs offered through Private Land Conservation Partnerships and proposed
changes are detailed below.
Land for Wildlife (LfW) program update
The LfW program engages with owners of rural and rural residential properties to protect and
improve biodiversity values and waterway health through assisted natural regeneration, invasive
species management, revegetation, and sustainable land use. The program assists with rebuilding
wildlife corridor linkages in strategic locations such as between core protected areas, enabling
movement of fauna and flora species.
LfW is a voluntary program that does not have any legal binding on the property. Council has been
part of the LfW South East Queensland (SEQ) network since 1998, alongside 12 other SEQ
Councils. The LfW SEQ Terms of Reference document (within the policy guideline) outlines
arrangements for SEQ Councils to deliver the LFW program. The SEQ LfW program is co-ordinated
by a full-time position overseen by a steering committee comprising officers from the 13 SEQ
Councils. A host Council undertakes administrative tasks on behalf of the SEQ Councils, this role is
currently provided by Sunshine Coast Regional Council, and from June 30th 2023, Brisbane City
Council will be the host Council for the next three years.
All 13 SEQ Councils contribute funds to support regional co-ordination, maintenance and upgrades
of the regional LfW database, newsletter production, and periodic member surveys. The funding
level is based on the number of LfW members in each Council. Noosa Council’s contribution for the
2022-23 financial year is $14,400.
Noosa Shire has seen strong growth in the program over the last 4 years, as of March 2023 there
are 411 LfW members collectively managing 435 properties covering 5227 hectares of the Shire
(Figure 2). Figure 3 indicates program growth since inception in 1998.
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PLANNING & ENVIRONMENT COMMITTEE MEETING 11 APRIL 2023
Figure 2. Land for Wildlife properties in Noosa Shire (purple shading)
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PLANNING & ENVIRONMENT COMMITTEE MEETING 11 APRIL 2023
Figure 3. LfW annual program growth since 1998
Council offers the following services to LfW members:
• An initial site visit, property assessment, follow up property report, and provision of a sign (for
fully registered properties) and resource material to new members.
• Quarterly newsletter.
• Land for Wildlife events such as workshops and field days.
• Property revisits and ongoing advice as requested by members.
• An incentives program providing (subject to available resources) free native tube stock,
training/assistance with environmental weed management, equipment loans such as fauna
cameras, weed management tools, and resource books.
There have been significant environmental outcomes achieved through provision of incentives to
LfW members as indicated in Table 2 which summarises key metrics from the previous 3 financial
years.
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PLANNING & ENVIRONMENT COMMITTEE MEETING 11 APRIL 2023
Table 2. LfW incentive outcomes for previous three financial years
Incentive 2019/2020 2020/2021 2021/2022 Totals
outcome
Tube stock 6,560 12,090 10,265 28,915
planted
Area of land 8.1 11.8 14.1 34
planted (ha)
Area managed for 26 9.3 13.7 49
weeds (ha)
Landowner labour 1,220 2,320 3,017 6,560
(hrs)
Landowner $27,740 $56,700 $36,930 $121,370
materials
Landowner co-contribution (labour costed at $46.62 per hour and materials) amounted to $427,200
over the three years, every dollar invested by Council has been matched by members contributing
$1.80.
A Land for Wildlife member survey was conducted across SEQ in 2022. Key findings are:
• LfW membership is important to landowners perceived improvements in native vegetation,
as members report improved knowledge of weed control, erosion and sediment control, and
wildlife identification as a result of LfW program participation.
• Connectivity between LfW properties and protected areas is important, as 58% of members
with properties adjoining protected areas reported better perceived ecological conditions on
their property.
• The greatest changes in members perceptions of their knowledge between joining the
program and their current knowledge was seen in management of weeds and revegetation.
• The intrinsic value of the LfW program to the community includes enhancing perceptions of
the overall quality of life for members, improved health and wellbeing, improved sense of
purpose, improved health and fitness, time spent with family and friends, and appreciation of
local Council.
• Within SEQ, the LfW program is estimated to contribute to the local economy directly
between $10m and $23m per annum, based upon the investment in the program from the
local councils plus the estimated cash invested by the members, and indirectly, through
knock on effect impacts of between $20m to $70m per annum.
• Each $1 invested by Local Governments in the LfW SEQ program has been matched by a
range of between $5 and $16 of investment by the membership.
The survey allowed for members to submit comments on the value of the program. Below are some
representative quotes:
• “Being new to the area less than 12 months ago I have gained invaluable support and advise
from the program. I would have not known where to start without them”
• “I think it is a great scheme”
• “I have always appreciated the generous and helpful assistance and guidance of both Land
for Wildlife and Landcare.”
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PLANNING & ENVIRONMENT COMMITTEE MEETING 11 APRIL 2023
• “Love the great communications, knowledgeable people, useful programs, partnerships and
benefits from LfW. Though understand Covid has been a hinderance -- hope to see more
workshops, expos, open properties, and social events.”
• “Excellent program. The LfW scheme where 2 x experienced bush care workers work
alongside landholders for a day is fantastic. I think it may only be in Noosa Shire.”
• “LfW program has increased our confidence, skill level and improved our knowledge.”
• “I love our local LfW programme.”
The success of the LfW program will continue into the future as more landowners recognise the
contribution they can make to long term environmental improvements in Noosa Shire. No changes
are proposed to delivery of the LfW program under the amended policy guideline other than noting
that additional resourcing will be required soon to address increasing service demand.
Voluntary Conservation Agreements (VCA).
The VCA Program is a higher-level voluntary agreement between Council and eligible landowners
that permanently protects a nominated conservation area on the landowner’s property. Under the
program, Council provides financial incentives to assist the landowner to manage their conservation
area. Landowners expressing interest in a VCA invariably commence as LfW members. It is a big
commitment for a landowner to place a 3rd party interest on their property title, with issues arising
such as perceived loss of property value and control over management of their property. As such
the VCA program attracts landowners who have a genuine and altruistic desire to protect the
environmental values on their property into the future, but who also require assistance to help
manage their conservation area.
There are currently 23 active VCAs covering 392 hectares in the Shire (Figure 4).
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PLANNING & ENVIRONMENT COMMITTEE MEETING 11 APRIL 2023
Figure 4. Current VCA properties (pink shading)
How a VCA works
A VCA is made up of three components, these are:
• The statutory protection mechanism which places legally binding protection on title over the
nominated area of the property.
• The agreement which outlines the roles and responsibilities of the landowner and Council.
The agreement template is attached to the guideline document.
• The Environmental Management Plan which describes the values on the property and
management actions required.
There are two statutory protection mechanisms Council offers under the VCA program. These are
(in order of level of protection):
Nature Refuge
A Nature Refuge gazetted under the Nature Conservation Act 1992 can be placed over all or part of
a property and runs with the title, binding successive owners. A Nature Refuge offers the highest
level of protection however is subject to Queensland Government requirements such as size of the
conservation area and exceptional biodiversity values. Compliance action in the event of a breach
of the Nature Refuge conditions is the responsibility of the Queensland Government. Where the
property meets eligibility criteria for a Nature Refuge this is Council’s preferred protection mechanism
as it does not require a survey plan which can be expensive. Council staff work with the State
Government to progress Nature Refuge dedication over eligible properties, and work with existing
Nature Refuge landowners to place a VCA over their property.
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PLANNING & ENVIRONMENT COMMITTEE MEETING 11 APRIL 2023
Conservation Covenant
Under the Land Act 1994, a conservation covenant is registered over the nominated conservation
area on the property and runs with the title, binding successive owners. The conservation covenant
is a legal agreement between the property owner (the covenantor) and Council (the covenantee)
and requires development of a survey plan, and preparation and lodgement of covenant documents
with Titles Qld. Compliance action in the event of breaches of conservation covenant conditions is
the responsibility of Council as the covenantee. Establishment costs for a conservation covenant
currently average $8,000 (mainly surveying and Titles Qld lodgement costs) plus Council officer time.
Program background
The VCA program commenced in Noosa during the period when it was amalgamated as part of
Sunshine Coast Council. During this time 20 VCAs were entered into with Noosa landowners. After
de-amalgamation the VCA program was continued with contractual commitments to the existing 20
VCA landowners honoured, but two major changes were made to the policy guideline for any new
VCA properties:
1. The agreement (and associated annual incentive funding) was amended to expire after 5
years (but the protective mechanism remains on title).
2. Rate refunds to eligible VCA properties were removed.
This has acted as a disincentive for landowners interested in a VCA, with only 9 new VCA properties
registered since de-amalgamation. It has also created inequity with the varying levels of support
offered to VCA landowners depending on when they joined.
Proposed amendments
Agreement term
The amended Policy Guideline reinstates the agreement (and associated annual incentive funding)
in perpetuity (noting that the agreement terminates when the land changes ownership or if both
parties agree to terminate the agreement). Council will seek to engage the new landholder in a new
agreement if it is considered necessary to continue works as identified in the associated Environment
Management Plan.
Rate refunds
The amended Policy Guideline reinstates rate refunds to eligible VCA landowners to restore equity
in program delivery (see page 7 of the attached Policy Guideline for detail of how this is
governed). Any rate refunds that landowners may be entitled to will come out of the existing annual
funding allocation for that specific VCA property.
Financial incentives
The amended Policy Guideline increases the annual funding amounts for VCA properties to account
for CPI increases since the last report to Council in 2020. Currently it is as follows:
• Minimum amount of $1,630 per annum for conservation areas up to 5 hectares in size.
• For conservation areas over 5 hectares an additional $108 will be available for every extra
hectare, up to a maximum total of $5,425 each year.
• Costs cannot be claimed for unexpended VCA funds from previous financial years.
Proposed increases are:
• Minimum amount of $2,000 per annum for conservation areas up to 5 hectares in size.
• For conservation areas over 5 hectares an additional $200 will be available for every extra
hectare, up to a maximum total of $6,000 each year.
• Costs cannot be claimed for unexpended VCA funds from previous financial years.
This takes the annual incentive expenditure on the current 23 VCA properties from $59,597 to
$76,026, an increase of $16,429. A breakdown of the current and proposed funding on each of the
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PLANNING & ENVIRONMENT COMMITTEE MEETING 11 APRIL 2023
23 existing properties is presented in Attachment 1 (confidential).
If additional VCA properties in future years are registered extra funding will be requested via budget
bids during the budget preparation cycle.
Split Zoning Conservation Program
The guideline introduces a third landowner engagement program entitled the Split Zoning
Conservation Program. This is noted in the current Policy Guideline as part of the VCA program but
is now proposed under the amended Policy Guideline as a separate program.
Council can split zone a property to place the nominated conservation area on a property under
Environmental Management and Conservation zoning, which is then protected under provisions of
the Noosa Plan. This rezoning doesn’t show on the property title.
Split zoning is appropriate for those properties that do not meet the eligibility criteria for a
Conservation Covenant or Nature Refuge in terms of size (less than 5 hectares) or high biodiversity
values. As with a VCA, the process is voluntary and is purely driven by a landowner’s aspiration to
protect and restore the native vegetation on their property. The process is that the landowner signs
a letter nominating an area of their property to be rezoned as Environmental Management and
Conservation zone and marks up the nominated area on a map of the property.
The balance of the property outside the conservation zone remains in its original zoning (usually
rural or rural residential). To formalise this zoning change under the Noosa Plan, Council submits
planning scheme amendments to the State from time to time. Compliance action in the event of
breaches of the Noosa Plan provisions is the responsibility of Council. There is a long lead time
between a landowner nominating the property for split zoning to final gazettal as planning scheme
amendments are done as a batch every three to four years.
It is proposed that Council will provide support to landowners who have nominated and had their
properties rezoned as Environmental Management and Conservation Zone under the Noosa Plan.
This will be via a three-year agreement providing a financial incentive capped at $1,500 per annum
to be used to improve the ecological condition of the rezoned area (such as environmental weed
management, revegetation). These works will be identified under an abridged environmental
management plan and agreement. The landowner must demonstrate a commitment to maintaining
the works past the three-year funding window by proactively managing their property for nature
conservation, e.g., invasive weed management, maintaining tree plantings. Council will undertake a
site inspection and assess the condition of the property as part of the agreement.
Previous Council Consideration
Ordinary Meeting Minutes 16 January 2020, Item 8, page 4.
That Council note the report by the Conservation Partnerships Officer to the General Committee
Meeting dated 13 January 2020 and
A. Approve amendments to the Environment Levy Policy as provided at Attachment 1;
B. Approve amendments to the Policy Guideline - Private Land Conservation Partnerships as
provided at Attachment 2, with the following changes:
1. wording of the fifth dot point under the heading Support for Land for Wildlife to read “An
incentives program which may consist of other initiatives consistent with the intent of the Land for
Wildlife Program such as free native tubestock, training/assistance with environmental weed
management, equipment loans such as fauna cameras, nest boxes, resource books, and open
property days.” and;
2 reinstating the details of the Binding Covenant Example (in Appendix 2) and the VCA Example
(in Appendix 3) and authorise the CEO to make the necessary changes to the Guideline to reflect
those details being retained in Appendix 2 and 3; and
C. Write to the Queensland Government Minister for Environment and the Great Barrier Reef,
Science, and the Arts expressing support for the Nature Refuge program and requesting that the
program be adequately resourced.
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PLANNING & ENVIRONMENT COMMITTEE MEETING 11 APRIL 2023
Finance
All program activities are funded out of the Environment Levy. Under this proposal, annual incentive
payments for the existing 23 VCA properties will increase from $$59,597 to 76,026., an increase of
$16,429.
Any rate refunds that landowners may be entitled to will come out of the existing annual funding
allocation for that specific VCA property so there is no additional expenditure required.
The proposed split zoning program will be resourced using existing staff. In the current round of
planning scheme amendments 7 properties are flagged for gazettal under the Noosa Plan as split
zoned to Environmental Management and Conservation Zone. Under the proposed incentive
funding, this will cost $10,500 annual funding for three years, to be funded out of the Environment
levy.
In summary the proposed amendments (if fully adopted) will cost up to $26,930 per annum over and
above the current budget allocation from the Environment Levy.
Risk & Opportunities
There is some increased cost to Council to meet the growing demand from landowners wishing to
engage in these programs and to deliver additional financial incentives as outlined above. However
as demonstrated in the report it is more cost effective to work with private landowners compared to
Council purchasing and managing land. In addition, evidence from the previous three financial years
Land for Wildlife incentive program and the recent survey shows that there is a significant return on
Council investment through landowner labour and provision of materials. It should also be noted that
LfW and VCA program resourcing goes directly into on -ground activities which support local
hinterland businesses through contract services and provision of materials such as tube stock.
These proposed amendments to the Private Land Conservation Policy Guideline represent an
opportunity for Council to expand its private land conservation program and address the Environment
Strategy target of 50% of land in Noosa Shire managed for conservation by 2030.
Consultation
External Consultation - Community & Stakeholder
Land for Wildlife member survey 2022 results.
Internal Consultation
Departments/Sections Consulted:
Environmental Services
Financial Services
Property
Environment Levy Working Group
Mayor Community Services Corporate Services
Councillors Director Director
Community Development X Financial Services
Chief Executive Officer Community Facilities Fleet
Executive Support Libraries & Galleries ICT
Local Laws Procurement
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PLANNING & ENVIRONMENT COMMITTEE MEETING 11 APRIL 2023
Waste & Environmental Health Property
Revenue Services
Executive Services Environment & Sustainable Development Infrastructure Services
Director X Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture X Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
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ATTACHMENT 2 Policy Guideline
PRIVATE LAND CONSERVATION
PARTNERSHIPS
Corporate Plan Reference: Theme 1: The Noosa Environment – Our environment is
protected, enhanced and valued by the community.
Endorsed by Council 16 January 2020
Guideline Owner and Department: Director Environment & Sustainable Development
GUIDELINE BACKGROUND
The purpose of this guideline is to provide direction to Noosa Council (Council) staff on the implementation of
the Voluntary Conservation Agreement (VCA), Land for Wildlife (LfW) and Split Zoning Conservation
Programs. These programs help support conservation efforts by landowners to protect and enhance
biodiversity in Noosa Shire on private land.
GUIDELINE BACKGROUND
The purpose of this guideline is to provide direction to Council staff on the implementation of the Voluntary
Conservation Agreement (VCA) and Land for Wildlife (LfW) Programs. These programs help support
conservation efforts by landholders to protect and enhance biodiversity in Noosa Shire on private land.
POLICY GUIDELINE
This guideline applies to VCAs, LfW and Split Zoning Conservation Programs on private land within Noosa
Shire as part of the wider biodiversity network consisting of core protected areas, biodiversity corridors and the
bushland reserve network.
Although Noosa Shire has large areas under conservation protection, a significant amount of vegetation and
habitat exists on private land. Council recognises that private land conservation is well placed to make a
significant contribution to the broader strategic objective to protect and enhance biodiversity and connectivity
across Noosa Shire, as well as provide benefits to landowners and communities.
There are three programs Council offers to private landowners to support them in their conservation aspirations
described below.
POLICY GUIDELINE
This Guideline applies to voluntary conservation initiatives on private land within Noosa Shire as part of the
wider biodiversity network consisting of core protected areas, biodiversity corridors and the bushland reserve
network.
Although Noosa Shire has large areas under conservation protection, a significant amount of vegetation and
habitat exists on private lands. Noosa Council recognises that private land conservation is well placed to make a
significant contribution to conservation as part of a broader strategic objective to protect and enhance biodiversity
and connectivity across Noosa Shire, as well as provide benefits to landholders and communities.
LAND FOR WILDLIFE PROGRAM
LAND FOR WILDLIFE PROGRAM (LfW)
With over 50% of biodiversity values contained on private land in SEQ, LfW plays an integral role in partnering
with private landowners to conserve the biodiversity and natural amenity of the region. The LfW program aligns
with regional, state, and federal objectives, with the program being embedded in many SEQ Council policies and
strategies, such as pest management and biodiversity. The program engages with the community to improve
catchment and waterway health through erosion and sediment control, revegetation, and remnant vegetation
protection through the integration of wildlife habitat with agricultural and other land uses. It assists with rebuilding
wildlife corridor linkages in strategic locations and between core protected areas, enabling movement of fauna
and flora species. The LfW program started in Victoria in 1981 with the aim of supporting private landowners to
deliver natural resource outcomes. The State of Victoria remains the head of power to the program with all
participating bodies holding a Memorandum of Understanding (MoU) with the State. Council has been part of the
LfW South East Queensland (SEQ) program since 1998, alongside 12 other SEQ Council’s.
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The Land for Wildlife (LfW) program started in Victoria in 1981 with the aim of supporting private landholders to
deliver natural resource outcomes. The State of Victoria remains the head of power to the program with all
participating bodies holding a Memorandum of Understanding (MoU) with the State. Noosa Council has been
part of the LfWSEQ collaboration since 1998, alongside 10 other SEQ Council’s. The agreement articulates
specified program standards and obligations to maintain the integrity of the LfW brand.
With over 50% of biodiversity values contained on private land in SEQ, LfW plays an integral role in partnering
with private landholders to conserve the biodiversity and natural amenity of the region. The LfW program aligns
with regional, state and federal objectives, with the program being embedded in many SEQ Council policies and
strategies, such as pest management and biodiversity. The program engages with the community to improve
catchment and waterway health through erosion and sediment control, revegetation and remnant vegetation
protection through the integration of wildlife habitat with agricultural and other land uses. It creates wildlife
corridor linkages in strategic locations and between core protected areas, enabling genetic interchange needed
to avoid inbreeding in isolated populations.
The LFW SEQ Terms of Reference document (Appendix 1) outlines arrangements for SEQ Councils to deliver
the LFW program. The SEQ LfW program is coordinated by a full-time position overseen by a steering
committee comprising the 13 councils. A host Council undertakes administrative tasks on behalf of the SEQ
Councils, this role is currently provided by Sunshine Coast Regional Council (SCC), and from June 30th 2023
Brisbane City Council will be the host Council for the next 3 years. All SEQ Councils contribute funds to support
regional co-ordination, maintenance of the regional LfW database, newsletter production, and periodic member
surveys. The funding level is based on the number of members in each Council. Noosa Council’s contribution for
the 2022-23 financial year is $14,400. There are currently 5,378 properties registered in the Land for Wildlife
program in SEQ, covering 76,000 hectares of retained habitat.
In the Noosa Shire, the LfW Program is delivered as part of Council’s Private Land Conservation Partnerships
program and is consistent with the Corporate Plan, Environment Strategy, and the Conservation Land
Guideline.
LfW is a voluntary conservation program that creates partnerships with eligible landholders. Council Officers
undertake property assessments and provide advice and engagement on the management of properties for its
conservation values. The LfW Program is delivered as part of Council’s Private Land Conservation
Partnerships and is consistent with the Conservation Land Guideline.
Eligibility
Landowners that are eligible for the LfW program must:
• Have a minimum of 1 hectare of conservation area on their property considered ‘retained habitat’ or
‘habitat under restoration’ as defined in the LfW SEQ Guideline (Appendix 2).
• Have a commitment to manage their property for nature conservation.
Eligibility
Residents that are eligible for the LfW program include:
• Landholders that have a minimum of 1 hectare of conservation area on their property considered ‘retained
habitat’ or ‘habitat under restoration’ as defined in the Land for Wildlife Queensland Guideline.
• Landholders demonstrating their intention and commitment to manage their property to maintain and
enhance native flora and fauna in a way that attempts to integrate nature conservation with other land
management objectives.
Support for LfW
Council will provide support for new and existing LfW members subject to available resources and consisting
of:
• An initial site visit, property assessment, follow up property report, and provision of a sign (for fully
registered properties) and resource materials for new members.
• Quarterly newsletter delivered electronically where possible.
• LfW events such as workshops and field days.
• Property revisits and ongoing advice as requested by existing members.
• An incentives program (subject to available resources) including (but not limited to) free native tube
stock, training/assistance with environmental weed management, equipment loans for items such as
fauna cameras, weed management tools, and resource books.
Support for Land for Wildlife
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Council will provide support for new and existing Land for Wildlife members subject to available resources
consisting of:
• An initial site visit, property assessment, report, and provision of a sign and resource material to new
members.
• Quarterly newsletter.
• Delivery of Land for Wildlife events such as workshops and field days.
• Property revisits as requested by existing members.
• An incentives program which may consist of other initiatives consistent with the intent of the Land for
Wildlife program such as free native tubestock, training/assistance with environmental weed
management, equipment loans such as fauna cameras, nest boxes, resource books, and open
property days
VOLUNTARY CONSERVATION AGREEMENT (VCA) PROGRAM
The VCA Program is a higher-level voluntary agreement between Council and eligible landowners that
permanently protects a nominated conservation area on the landowner’s property.
Delivery of the VCA program is guided by Council’s Environment Levy Policy. Operating procedures for
establishing a VCA are outlined in Appendix 7.
Eligibility
Freehold properties in Noosa Shire that are eligible for the VCA program include:
1. Land parcels of high biodiversity values, significant size (minimum of 5 hectares) and located next to or
within Core Protected Areas (Appendix 3); or
2. Land parcels that occur within biodiversity corridors between Core Protected Areas; and
3. Properties whose owners have demonstrated a commitment to achieving conservation outcomes; and
4. Other land that has unique environmental significance such as containing an endangered ecosystem, old
growth forest, or listed plant and animal species; and
5. Existing Nature Refuge properties.
All applications for VCAs will be assessed and prioritised by the Environment Levy Working Group (ELWG)
according to available resources.
VOLUNTARY CONSERVATION AGREEMENT (VCA) PROGRAM
The VCA Program is a voluntary agreement between Council and eligible landholders to permanently protect a
nominated conservation area within their property. Through this agreement, Council may provide a range of
financial incentives to assist the landholder with this process.
The head of power to deliver the VCA program rests with the Environment Levy Policy. The Conservation
Land Guideline provides a mapping methodology that identifies Council strategic approach and priority land
parcels of interest.
Eligibility
Residents that are eligible for the VCA program include:
• Landholders with land parcels of high biodiversity values, of significant size and located next to or within
Core Protected Areas; or
• Landholders with land parcels that occur within biodiversity corridors between Core Protected Areas (See
Map Appendix 1); and
• Landholders who have demonstrated a commitment to achieving conservation outcomes, and are
confident that by partnering with Council in the VCA program they will protect and enhance the
conservation area as guided by an Environment Management Plan.
In certain circumstances, landholders with land outside these areas and criteria may be considered for VCA if the
land has a unique environmental significance, for example the land retains the last remaining stand of an
endangered ecosystem or species.
All applications for VCAs will be assessed and prioritised by the Environment Levy Working Group according to
available resources. The Environment Levy Policy criteria, Voluntary Conservation Agreement assessment
matrix, and Conservation Land Guideline will be used to assess and prioritise applications.
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Administrative and legal requirements
A VCA requires three elements detailed below:
1. Statutory conservation mechanism.
2. VCA – written agreement.
3. Environmental Management Plan (EMP).
Statutory conservation mechanisms
Council offers two statutory conservation mechanisms under the VCA program. These are (in order of level of
protection):
1. Nature Refuge; and
2. Conservation Covenant
Further details are provided below:
Nature Refuge
A Nature Refuge gazetted under the Nature Conservation Act 1992 can be placed over all or part of a property
and runs with the title, binding successive owners. A Nature Refuge offers the highest level of protection
however is subject to Queensland Government requirements such as size of the conservation area and
exceptional biodiversity values. Compliance action in the event of a breach of the Nature Refuge conditions is
the responsibility of the Queensland Government. Where the property meets eligibility criteria for a Nature
Refuge this is Council’s preferred protection mechanism as it does not require a survey plan which can be
expensive. Council staff work with the State Government to progress Nature Refuge dedication over eligible
properties.
Conservation Covenant
Under the Land Act 1994, a conservation covenant is registered over the nominated conservation area on the
property and runs with the title, binding successive owners. The conservation covenant (Appendix 4) is a legal
agreement between the property owner (the covenantor) and Council (the covenantee) and requires
development of a survey plan, and preparation and lodgement of covenant documents with Titles Qld.
Compliance action in the event of breaches of conservation covenant conditions is the responsibility of Council
as the covenantee.
VCA – written agreement
The agreement (Appendix 5) and associated documentation is developed in consultation with the landholder.
The VCA terminates when land changes ownership or if both parties agree to terminate the agreement. If
ownership of the property changes, Council may seek to engage the new landholder in a new VCA agreement if
it is considered necessary to continue works as identified in the associated Environment Management Plan.
Areas on VCA properties outside the conservation area can continue to be used for other purposes (e.g. grazing,
orchards, open space, future buildings). A VCA does not grant any public right of access to the land. Landowners
are encouraged to seek independent legal and financial advice prior to placing statutory conservation protection
over their land and entering into a VCA.
Due to the associated start-up costs incurred by Council during the VCA establishment process, a letter of
agreement to proceed must be signed by the landholder. This states that if the landowner changes their mind
about proceeding with the agreement, they will reimburse Council for any reasonable costs outlaid up to the time
the landowner notifies Council of their withdrawal from the VCA process. Any third-party interest holders on the
property title (such as a lending institution) must provide consent for the VCA to proceed.
Environment Management Plan (EMP)
An EMP is developed for the conservation area. This EMP covers a description of the conservation area and its
environmental values, threatening processes (e.g., invasive species), and management actions required. An
EMP template is provided in Appendix 6.
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:
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Page 19
• Statutory Conservation Protection
• Environmental Management Plan
• Financial incentives
The following applies to the VCA:
• 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).
• 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.
• Areas on VCA properties outside the conservation area can continue to be used for other purposes (e.g.
grazing, orchards, open space, future house site).
• A VCA does not grant any public right of access to the land.
Landholders are encouraged to seek independent legal and financial advice prior to placing statutory
conservation protection over their land and entering into a VCA. Due to the associated start-up costs incurred by
Council, before formalising a VCA, a letter of agreement to proceed will be provided to the landholder for signing.
Any third party interest holders on the property title (such as a mortgagee) must provide consent for the VCA to
proceed.
The Statutory Conservation Protection
Council offers three statutory conservation protection mechanisms under the VCA program. These are:
Conservation Covenant
Under the Land Act 1994, a conservation covenant is registered over the conservation area on the property and
runs with the title over successive owners. A conservation covenant requires development of a survey plan,
preparation of legal documents, and lodgement with the Titles Office. The conservation covenant is a legal
agreement between the property owner (the covenantor) and Council (the covenantee). Compliance action in
the event of breaches of the covenant conditions is the responsibility of Council.
Nature Refuge
A Nature Refuge gazetted under the Nature Conservation Act 1992 can be placed over all or part of a property
and runs with the title over successive owners. A Nature Refuge offers the highest level of protection however is
subject to Queensland Government requirements such as minimum size of the conservation area (greater than
10ha) and high biodiversity values. Compliance action in the event of breaches of the Nature Refuge conditions
is the responsibility of the Queensland Government.
Split Zoning
Council can also split zone a property to place the conservation area under Environmental Management and
Conservation zoning, which is then protected under provisions of the Noosa Planning Scheme. Split zoning a
property requires submitting a planning scheme amendment to the State, and is processed as a batch of
amendments on a regular basis. The balance of the property outside the conservation area remains in its original
zoning (usually rural). Compliance action in the event of breaches of the planning scheme provisions is the
responsibility of Council. Landowners whose properties do not meet the eligibility criteria for a VCA can request
that a nominated portion of their property be split zoned as Environmental Management and Conservation under
the Noosa Plan. In this circumstance there would be no formal VCA agreement with Council.
Environmental Management Plan
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Page 20
Council will develop an Environmental Management Plan (EMP) in consultation with the landholder. 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:
• a description of the conservation area and its environmental values;
• any threatening processes;
• management actions required;
• timeframes to deliver the EMP.
Support for VCAs
Establishment costs
Council will outlay costs to establish a Nature Refuge or Conservation Covenant over the nominated section of
the property. Costs include developing a survey plan of the covenant area, Nature Refuge establishment tasks,
Titles Queensland property searches, document preparation and lodgement fees, as well as Council officer time.
Financial Incentive
The annual incentive to implement the EMP will be capped as follows:
• Minimum amount of $2,000 per annum for conservation areas up to 5 hectares in size.
• For conservation areas over 5 hectares an additional $200 will be available for every extra hectare, up to a
maximum total of $6,000 each year.
• Costs cannot be claimed for unexpended VCA funds from previous financial years.
What funds can be used for under the EMP
The type of works or materials required will be identified in the agreed EMP. Examples include:
• Engagement of contractors for ecological restoration works and fencing or barbed wire fence removal.
• Engagement of contractors for invasive species control.
• Engagement of consultants for services such as ecological surveys or fire management planning and
approved works.
• Purchase of or reimbursement for materials such as herbicide and/or tools necessary to conduct
environmental restoration activities.
VCA properties may be eligible for grants and other funding from Council (LfW incentives), state and federal
governments.
VCA funds cannot be used for works that are a regulatory requirement such as a condition of development or
subject to compliance action by a regulatory authority.
Commissioning works
The EMP priorities will be discussed on-site annually with a Council officer, the landowner and contractor to
review works undertaken and identify upcoming works. Agreed works will be confirmed in writing by Council and
co-ordinated by the landholder and contractor. Once works have been completed to the satisfaction of Council
and the landholder, the contractor will be paid by Council. Regarding reimbursement of materials and tools the
landholder shall obtain a quote from the supplier and submit to Council for written approval prior to purchase.
The landowner then provides a tax invoice to Council for reimbursement of funds.
Rate refund
A component of the annual incentive can be negotiated with the landholder to go towards a refund of the
general rate amount. A rate refund will only be considered by Council when all management tasks specified
under the EMP have been substantially achieved, and only if the full rates payable on the property have been
paid by the landowner for past and current rating periods. The allowable amount going towards a rate refund
will be determined by the size of the conservation area expressed as a percentage of the total property size
(see below). For example, if 50% of the property is within the conservation area then the rate refund will be
50% of the general rate.
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Page 21
100
* the available rate rebate cannot exceed
90
the determined financial incentive
80
Rebate Eligibility
(% of general rate) 70
60
50
40
30
20
10
0
0 10 20 30 40 50 60 70 80 90 100
% of Total Property Area Com prising the Conservation Area
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.
Council may also offer existing VCA landowners the option of placing an additional layer of protection over the
property via split zoning the existing conservation area into Environmental Management and Conservation
zoning.
The agreed incentives will continue as per the individual landholder’s VCA with the annual incentive being
reviewed against CPI every 5 years. Incentives are paid annually following a property assessment by a Council
officer with any unallocated funds relating to a particular property expiring at the end of each financial year (i.e.
they are not carried forward). When a property changes hands, the statutory conservation protection remains,
and the VCA expires. An agreement between the new landholder and Council may be entered into depending on
VCA program priorities, and applications will be considered at the request of the new landholder.
New VCA’s:
Where an eligible landholder and Council enter into a new VCA which includes statutory protection and/or an
Environmental Management Plan for the conservation area, Council will provide the following resources:
Establishment costs
Council will outlay costs to establish a covenant, Nature Refuge or split zoning on the nominated section of the
property. Costs include developing a survey plan of the covenant area, Nature Refuge dedication costs, legal
fees, and Council officer time.
Financial Incentive
A financial incentive may be provided for the annual implementation of an Environmental Management Plan for
up to 5 years, with the annual incentive being reviewed against CPI every 5 years. These include:
• Costs to develop the Environmental Management Plan for the conservation area under statutory
protection.
• An annual incentive to implement the Environmental Management Plan will be capped as follows:
o Minimum available annual incentive of $1,630 per annum for Conservation Areas up to 5 hectares in
size.
o For conservation areas over 5 hectares an additional $108 will be available for every extra hectare,
up to a maximum total of $5425 each year.
o Ongoing financial support will not exceed 5 years unless specified in the EMP.
o Costs cannot be claimed for unexpended VCA funds from previous financial years.
What funds can be used for under the EMP
The type of works or materials required will be identified in the agreed EMP. Examples include:
• engagement of contractors for ecological restoration works and fencing;
• engagement of contractors for pest control;
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Page 22
• engagement of consultants for services such as ecological surveys or fire management planning and
approved works;
• purchase of materials such as herbicide and/or hand tools;
• purchase of wildlife apparatus such as nest boxes.
Funds cannot be used for the purchase of machinery such as chainsaws, mowers, brush-cutters or tractors.
VCA properties may be eligible for grants and other funding from state and federal governments such as
environmental or carbon offsets.
VCA funds cannot be used for works that are a regulatory requirement such as a condition of development or
subject to compliance action by a regulatory authority.
Commissioning works
The EMP priorities will be discussed on-site annually with a Council officer, the landholder and
contractor/consultant to agree and review works undertaken and identify upcoming works. Agreed works will be
confirmed in writing by Council and co-ordinated by the landholder and contractor/consultant. Once works have
been completed to the satisfaction of Council and the landholder, the contractor/consultant will be paid by
Council. Where the EMP provides an allowance for supply of materials, the landholder shall obtain a quote from
the supplier and provide to Council for written approval prior to funding being expended and provide a tax invoice
for reimbursement of funds. Once the 5 year term is complete, the landholder is eligible for an ongoing annual
property visit from a Council Officer upon request through the Land for Wildlife program. This may involve
discussions on further land conservation management and priorities.
ROLES AND RESPONSIBILITIES
The Environment Levy Working Group will make recommendations on which properties to enter into
agreements with.
The VCA Program will be managed by the Environment Services Branch.
SPLIT ZONING CONSERVATION PROGRAM
Council can split zone a property to place the nominated conservation area under Environmental Management
and Conservation zoning, which is then protected under provisions of the Noosa Plan, however this rezoning
doesn’t show on the property title. Split zoning is appropriate for those properties that do not meet the eligibility
criteria for a Conservation Covenant or Nature Refuge in terms of size (less than 5 hectares) or inherent
biodiversity values. As with a VCA, the process is voluntary and is purely driven by a landowner’s aspiration to
protect the native vegetation on their property. The process is that the landowner signs a letter nominating an
area of their property to be rezoned as Environmental Management and Conservation zone and marks up the
nominated area on a map of the property. The balance of the property outside the conservation zone remains in
its original zoning (usually rural or rural residential). To formalise this zoning change under the Noosa Plan,
Council submits planning scheme amendments to the State from time to time. Compliance action in the event of
breaches of the Noosa Plan provisions is the responsibility of Council.
Support for Split Zone Conservation properties
Council will provide support to landowners who have nominated and had their properties rezoned as
Environmental Management and Conservation Zone under the Noosa Plan as follows:
• A 3-year agreement providing a financial incentive capped at $1500 per annum to be used to improve the
ecological condition of the rezoned area (such as environmental weed management and revegetation).
These works will be identified under an EMP. The landowner must demonstrate a commitment to
maintaining the works past the 3-year funding window by proactively managing their property for nature
conservation, e.g. invasive weed management, maintaining tree plantings.
VCA AND SPLIT ZONING PROGRAM ROLES AND RESPONSIBILITIES
Council
Council will cover reasonable costs associated with the preparation, lodgement, and registration of documents
to give effect to the VCA or Split zoning. These may include:
• Surveying of the conservation area, and registration of the Conservation Covenant.
• Negotiation with the state government (including provision of field data) to facilitate a Nature Refuge
agreement.
• Developing split zoning landowner correspondence and mapping and undertaking periodic planning
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Page 23
scheme amendments.
Council will provide assistance to the landowner including technical advice relating to the planning and
ongoing management of the conservation area. Council will undertake or provide for works in the
conservation area as outlined in the EMP and Agreement.
Council will also make available to the landholder the determined annual financial incentive for each year of
the agreement. Financial incentives will be reviewed every 3 years to reflect CPI increases. A register of sites
subject to a VCA and Split Zoning will be maintained by Council.
The VCA program will be administered and implemented by the Conservation Partnerships Officer from the
Environmental Services Branch of Council.
Landowner
Landowners entering into a VCA or Split Zoning will:
• Comply with the relevant protective mechanism conditions.
• Undertake those works identified as being their responsibility in the agreement and EMP.
• Inform Council of their intention to sell their property and inform them when the sale has taken place.
DEFINITIONS
“Biodiversity” refers to the variety of all life forms - all the different plants, animals and micro-organisms, and
the ecosystems of which they are a part.
“Biodiversity Corridors” are broad tracts of vegetated, cleared and partly cleared land, extending across the
Noosa landscape that consolidate or connect core habitat, and can occur across private and/or public land.
“Conservation Land Guideline” is a mapping methodology to identify environmentally significant land for
potential acquisition or for private land conservation outcomes.
“Core Protected Areas” are large biodiverse areas that consist collectively of public land already under
conservation protection such as National Park, Bushland Reserves and Nature Refuges.
“Environment” refers to the use of the word to describe the natural (not man-made) environment of the
region and includes the natural ecological systems of air, water, soil and associated species of flora and fauna.
“Environment Levy” refers to a levy raised by Council (in accordance with section 94 of the Queensland
Local Government Act 2009), on all rateable properties within its jurisdiction, in order to meet the objectives in
this policy.
RELEVANT LEGISLATION
Noosa Council Environment Levy Policy 2018
Qld Environmental Offsets Policy 2022
Qld Land Act 1994
Qld Nature Conservation Act 1992
Qld Planning Act 2016
Qld Vegetation Management Act 1999
Version control:
Version Reason/ Trigger Change (Y/N) Endorsed/ Reviewed by Date
1.0 Create new Council 20/09/2018
2.0 Revision Y Council 16/01/2020
3.0 Revision
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Page 24
DEFINITIONS
“Biodiversity” refers to the variety of all life forms - all the different plants, animals and micro-organisms, and
the ecosystems of which they are a part.
“Conservation Land Guideline” is a mapping methodology to identify environmentally significant land for
potential acquisition or for private land conservation outcomes.
“Core Protected Areas” are large biodiverse areas that consist collectively of public land already under
conservation protection such as National Park, Bushland Reserves and Nature Refuges.
“Environment” refers to the use of the word to describe the natural (not man-made) environment of the
region and includes the natural ecological systems of air, water, soil and associated species of flora and fauna.
“Environment Levy” refers to a Levy raised by Noosa Council (in accordance with section 94 of the
Queensland Local Government Act 2009), on all rateable properties within its jurisdiction, in order to meet the
objectives in this policy.
“Biodiversity Corridors” are broad tracts of vegetated, cleared and partly cleared land, extending across the
Noosa landscape that consolidate or connect core habitat, and can occur across private and/or public land.
RELEVANT LEGISLATION
Noosa Council Environment Levy Policy 2018
Qld Environmental Offsets Policy 2014
Qld Land Act 1994
Qld Nature Conservation Act 1992
Qld Planning Act 2016
Qld Vegetation Management Act 1999
Version control:
Version Reason/ Trigger Change (Y/N) Endorsed/ Reviewed by Date
1.0 Create new Council 20/09/2018
2.0 Revision Y Council 16/01/2020
Page 24 of 201
Page 25
Appendix 1 - Core Protected Areas and Biodiversity Corridors
Page 25 of 201
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Appendix 2 –Binding Covenant Example document
QUEENSLAND TITLES REGISTRY COVENANT FORM 31 Version 3
Land Title Act 1994 and Land Act 1994 Page 1 of 5
Dealing Number Lodger (Name, address, E-mail & phone number) Lodger
Code
OFFICE USE ONLY
Privacy Statement
Collection of information from this form is authorised by legislation and is
used to maintain publicly searchable records. For more information see
the Department’s website.
1. Covenantor
2. Description ofCounty Parish Title Reference
Covenant / Lot on Plan
3. Covenantee
Noosa Shire Council
4. Description of Covenant (include reference to relevant section of legislation)
Pursuant to Section 97A(3)(b)(i) of the Land Title Act 1994
5. Execution
The Covenantor being the registered owner of the lot described in item 2 covenants with the Covenantee in respect of the covenant
described in item 4 and the attached schedule.
Witnessing officer must be aware of his/her obligations under section 162 of the Land Title Act 1994
signature
full name
qualification / /
1 Witnessing Officer Execution Date Covenantor's Signature
(Witnessing officer must be in accordance with Schedule 1
of Land Title Act 1994 eg Legal Practitioner, JP, C Dec)
signature
full name
qualification / /
2 Witnessing Officer Execution Date Covenantee's Signature
(Witnessing officer must be in accordance with Schedule 1
of Land Title Act 1994 eg Legal Practitioner, JP, C Dec)
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ATTACHMENT 2
THIS COVENANT IS TO BE USED ONLY IN CONJUNCTION WITH A CONSERVATION
AGREEMENT
1. Definitions
‘The Act’ means the Land Protection (Pest and Stock Route Management) Act 2002.
‘Authority’ means all authorities or instrumentalities (other than the Council) which have
jurisdiction over the
Conservation Works.
‘Conservation Area’ means the area or areas described in Item 2 of the Form 31 and includes any
estate or interest in on or over such land, the airspace above the surface of the land and the
subsoil of the land.
‘Conservation Agreement’ means any agreement in respect of the conservation of the Land or
any part thereof between the Council and the registered proprietor of the Land, as amended from
time to time in writing.
‘Conservation Works’ means the activities, if any, that the Covenantor is required to undertake
under this document, the Conservation Agreement or the EMP.
‘the Council’ means the Covenantee specified in Item 3 of the Form 31.
‘delegated officer’ means any officer delegated by the Council or its Chief Executive Officer with
authority to make decisions and give direction on behalf of the Council in relation to this covenant,
the EMP or the Conservation Agreement.
‘Development’ has the meaning given in the Sustainable Planning Act 2009.
‘Locally native vegetation’ means vegetation that occurs naturally on the Land or in close
proximity to the Land or in the Councils opinion would have once occurred in the local area of the
Land.
‘the Land’ means that land described as Lot << on SP<<, County of March, Parish of <<, known as
<<, Queensland in which the Conservation Area is located.
‘EMP’ means the environmental management plan (if any) agreed between the Covenantor and the
Council, in relation to the Covenant Area, as amended from time to time.
‘Notice’ means any certificate, demand or notice to be made, given or served by a party under this
document.
‘Pest Management Strategy’ means a strategy for the management of environmental pests
published by the
Council in accordance with the Act;
‘Planning Scheme’ means the Council’s planning scheme as it applies to the Land from time to
time;
‘vegetation’ means any tree, bush, fungi, algae or other terrestrial or aquatic thing including or
natural parts or materials naturally produced of by or from such vegetation, whether living or dead.
‘Vegetation Protection Local Law’ means any local laws made by the Council which provide for
the protection of native vegetation.
2. Purpose
Page 13
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POLICY GUIDELINE – Private Land Conservation Partnerships
The purpose of this covenant is to ensure that the Conservation Area is used to preserve the native
animals and plants thereon in accordance with Section 97A(3)(b)(i) of the Land Title Act 1994.
3. Covenantor’s Obligations
3.1. The Covenantor must, unless otherwise agreed in writing by the Council,
undertake the Conservation Works and observe and comply with the following conditions:
(a) comply with the Conservation Agreement and EMP;
(b) in addition to the Covenantor’s obligations to control Class 1 and 2 pest
declared under the Act, the Covenantor must also, unless specified otherwise in the EMP, make
reasonable endeavours to keep the Conservation Area free of any Class 3 pests declared under
the Act as well as any other environmental weeds listed in the Planning Scheme or any Pest
Management Strategy;
(c) not object to the Council declaring all or any part of the Conservation Area
to be a protected area under a Vegetation Protection Local Law;
(d) not by action or omission cause or allow any locally native vegetation in the
Conservation Area to be trimmed, pruned, lopped, cut down, moved, removed, harvested,
damaged or destroyed other than as specified in the EMP or in writing by a delegated officer;
(e) (unless required by law) not allow any fossicking, prospecting, exploration
or mining, extraction or production of gas, petroleum, minerals, soil, timber or other substances to
take place on the Covenant Area without the written consent of the Council. The Covenantor shall
notify the Council of any proposal to conduct any such activity and shall not approve such proposal
or allow any party to enter upon the Conservation Area for the purpose of such proposal, without
prior written permission of the Council;
(f) not carry out Development in the Conservation Area other than as specified
or approved in writing by a delegated officer;
(g) ensure that no fill, soil, rock, rubbish, ashes, garbage, waste or other
material foreign to the Conservation Area is deposited in the Conservation Area unless specified in
the EMP;
(h) not introduce any fauna, domestic animals or vegetation into the
Conservation Area which are not indigenous to Australia, unless specified in the EMP;
(i) not allow vehicles in the Conservation Area except vehicles used for the
purpose of undertaking Conservation Works in a manner agreed to in writing by a delegated officer
or vehicles used for emergency services;
(j) not carry out any act on or in respect of the Conservation Area which in the
Council’s reasonable opinion may have a detrimental impact on the Conservation Area.
3.2. Notwithstanding the conditions set out in Clause 3.1, if any living or dead
vegetation on the Conservation Area poses a risk to human safety, such vegetation may be cut
down or trimmed so as to remove the risk with the prior written consent of a delegated officer
stating that the Conservation Works specified in the notice are to be undertaken.
4. Performance of Conservation Works
4.1. The Covenantor shall:
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POLICY GUIDELINE – Private Land Conservation Partnerships
(a) apply for and obtain any necessary approvals for the undertaking of the
Conservation Works from any other Authority;
(b) not commence Conservation Works until it has obtained all appropriate
approvals.
4.2. The Conservation Works shall be undertaken in accordance with the requirements and to the
satisfaction of the
Council and any Authority.
4.3. In the event of non-compliance by the Covenantor with the Covenantor’s obligations, the
Council may, in its
absolute discretion:
(a) issue a written direction requiring the Covenantor to remedy the non-
compliance; and/or
(b) carry out any planting, replanting, rehabilitation or remedial work to restore
any vegetation harmed or damaged caused by the non-compliance to a state as near as is
practical to the state prior to such damage or harm.
4.4. Where the Council issues a written direction pursuant to Clause 4.3,
the Covenantor shall comply with the directions within 14 days or such other time period as may
be specified in the direction.
4.5. In the event that the Covenantor fails to comply with a written direction
within the time allowed in accordance with Clause 4.4, the Council or its agents may enter the
Land, perform the work required to rectify the non-compliance and recover from the Covenantor
the costs of performing that work as a debt.
5. Access and Inspection
The Council and its officers and contractors shall be entitled to enter upon the Land at all
reasonable times on reasonable notice to inspect the Conservation Works provided that in entering
upon the Land it causes as little disturbance to the Conservation Area and the Covenantor as is
possible in the circumstances. No such notice need be given by the Council in the event of an
emergency such as an imminent risk of substantial damage to the Conservation Works or
vegetation in the Covenant Area.
6. Notice of Intended Change in Ownership
Where the Covenantor intends to transfer title to the Land to another person, the Covenantor
must notify the Council in writing of the intended transfer and the name and address of the
proposed new owner of the Land at least 14 days prior to the change of ownership or control.
7. Settlement of Disputes
7.1 This clause shall apply to any dispute between the parties to this Covenant.
7.2 Any dispute as to the performance of this Covenant or arising out of this
Covenant that has not been resolved by agreement between the parties must be clearly identified
in a Dispute Notice served by one party on the other party.
7.3 Within five (5) days of the date of the Dispute Notice, the parties must meet
to discuss the dispute and its possible determination.
7.4 The parties may, within seven (7) days of meeting in accordance with
clause 7.3, agree to refer the dispute to mediation.
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7.5 If the parties agree to mediate in accordance with clause 7.4, then
the parties may either:
(a) appoint a mediator agreed by the parties; or
(b) where the parties fail to agree to the appointment of a mediator within
the period referred to in clause 7.4, either party may request for the President for the time being of
the Queensland Law Society Incorporated to nominate a mediator which the parties must then
appoint as the mediator.
7.6 The costs of any mediator appointed under clause 7.5 must be borne
equally by the parties.
7.7 If any dispute notified under clause 7.2 remains unresolved, then at any
time fourteen (14) days after the date of a Dispute Notice, and whether before or after reference of
a dispute to a mediator under clause 7.5, either party may institute proceedings In the appropriate
court for determination of the dispute.
7.8 The parties may mutually agree in writing to extend any time period
specified in this clause 7.
7.9 Clause 7 of this Covenant does not prevent the Covenantor or the Council
from obtaining any injunctive declaratory or other Interlocutory relief from a court, which may be
urgently required.
8. Services
8.1 A notice is sufficiently made, given, issued or served by a party if left at or
forwarded by prepaid post In an envelope addressed to the other party or any of them (where there
are more persons than one person comprising the other party} at the address of that party.
8.2 A notice if sent by prepaid post is deemed to have been made, given,
issued or served at the time when in the due course of the post it would be delivered at the
address to which it is directed whether or not it is actually received.
8.3 In proving service of a notice made, given or served by the Council it is only
necessary for the Council to certify to that effect under the hand of the Chief Executive Officer.
8.4 A notice given by a party must be:
(a) in writing;
(b) signed by the party, an officer of that party or the solicitor of that party; and
(c) a party receiving a notice is not obliged to enquire as to the authority of the
person signing the notice.
9. Covenant Runs with the Land
This Covenant burdens the Land and runs with the Land and binds the
successors in title to the Land and to any parcel into which the Land is reconfigured by any means.
10. No Effect on Rates and Charges and Compliance with Laws
For the avoidance of doubt, nothing in this Covenant:
(a) affects the liability of the Covenantor to pay all taxes, rates, charges and
levies lawfully imposed in respect of the Land; and
(b) imposes a liability on the Council to make a monetary payment to the
Covenantor in the form of compensation or otherwise.
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11. Registration
11.1 The Covenantor shall do everything necessary at the Covenantor's
expense to ensure that this Covenant is registered against the title to the Land within one month
after the execution of this Covenant by Council.
11.2 The Council shall do everything necessary (including executing any
documents) to give effect to this Covenant.
12. Waiver
12.1 No waiver by the Council of any breach by the Covenantor of any of the
provisions of this Covenant shall be implied against the Council or be otherwise effective unless it
is in writing under the hand of the Chief Executive Officer.
12.2 A single or partial exercise or waiver of a right relating to this document will
not prevent any other exercise of that right or any other right.
13. Laches and Delay
No laches or delay by the Council at any time or times in enforcing any of
its rights, powers and the like under this Covenant prejudice or affect those rights or powers.
14. Severence
If any provision of this Covenant cannot be given effect or full force and
effect by reason of statutory invalidity that provision shall be severed or read down but so as to
maintain and uphold so far as possible the remaining provisions of this covenant.
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Appendix 3 - Example Voluntary Conservation Agreement document
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 <<< the registered proprietor, in fee simple of the Property.
‘Property’ means the property known as <Address>, 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.
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.
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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. In the 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 to a maximum term of 5 years.
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 and the Covenant.
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.
8. Indemnity
The Owner shall indemnify the Council against all claims, demands, costs, interest penalties and
liabilities whatsoever arising out of or in connection with this agreement or its performance or
breach, not solely and directly attributable to any breach of the terms of this Agreement by the
Council.
9. Severability
If any provision of this Agreement is found to be invalid, the remainder of the Agreement continues
to apply.
10. Extent of prohibitions and restrictions
None of the prohibitions and restrictions specified in this Agreement will apply to the extent
necessary for reasonable protection of human life and property from wildfire or other threatening
events.
Each party shall pay their own legal costs of and incidental to the preparation of this agreement.
11. Service of notices
11.1. Notice to the Council will be deemed given:
by mail 14 days after deposit in the post to the address in Clause 11.2 with postage pre-paid.
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11.2. Address for service of the Council:
Chief Executive Officer
Noosa Council
PO Box 141
Tewantin
Qld 4565
11.3. Notice to the Owner under this agreement must be given at the address set
out in Clause 11.4 and will be deemed to be so given:
(a) 14 days after the deposit in the post of Notices to such address with
postage pre-paid; or
(b) when delivered by hand to such address.
Where reasonably possible, Council shall also confirm by telephone to the Owner that the Notices
have been sent.
11.4. Address for service of the Owner:
……………………………………….
12. Time
Time shall in all cases be of the essence of this agreement.
13. Review
Subject to the resources available to the Council, from time to time, the Council and the owner
shall jointly review the effectiveness of this Agreement and the EMP.
14. Delay
No delay by the Council at any time or times in enforcing any of its rights or powers under this
Agreement shall prejudice or affect those rights or powers.
15. Dispute
Any dispute between the parties will be subject to the dispute resolution procedure set out at
clause 7 of the Covenant.
16. Costs
Each party shall pay their own legal costs of and incidental to the preparation of this agreement.
Executed as an agreement.
SIGNED by ______________________
(CEO or Delegated Officer) for and on )
behalf of the NOOSA COUNCIL in the ) ……………………………………….
presence of: ) CEO or Delegated Officer
)
……………………………………………. )
Witness )
…………………………………………….
Name of Witness
EXECUTED by (Insert name) )
)
in the presence of: ) ………………………………………….
…………………………………………….
Witness
…………………………………………….
Name of Witness
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ATTACHMENT 3
Policy Guideline
PRIVATE LAND CONSERVATION
PARTNERSHIPS
Corporate Plan Reference: Theme 1: The Noosa Environment – Our environment is
protected, enhanced and valued by the community.
Endorsed by Council
Guideline Owner and Department: Director Environment & Sustainable Development
GUIDELINE BACKGROUND
The purpose of this guideline is to provide direction to Noosa Council (Council) staff on the
implementation of the Voluntary Conservation Agreement (VCA), Land for Wildlife (LfW) and Split
Zoning Conservation Programs. These programs help support conservation efforts by landowners
to protect and enhance biodiversity in Noosa Shire on private land.
POLICY GUIDELINE
This guideline applies to VCAs, LfW and Split Zoning Conservation Programs on private land
within Noosa Shire as part of the wider biodiversity network consisting of core protected areas,
biodiversity corridors and the bushland reserve network.
Although Noosa Shire has large areas under conservation protection, a significant amount of
vegetation and habitat exists on private land. Council recognises that private land conservation is
well placed to make a significant contribution to the broader strategic objective to protect and
enhance biodiversity and connectivity across Noosa Shire, as well as provide benefits to landowners
and communities.
There are three programs Council offers to private landowners to support them in their conservation
aspirations described below.
LAND FOR WILDLIFE PROGRAM (LfW)
With over 50% of biodiversity values contained on private land in SEQ, LfW plays an integral role in
partnering with private landowners to conserve the biodiversity and natural amenity of the region.
The LfW program aligns with regional, state, and federal objectives, with the program being
embedded in many SEQ Council policies and strategies, such as pest management and biodiversity.
The program engages with the community to improve catchment and waterway health through
erosion and sediment control, revegetation, and remnant vegetation protection through the
integration of wildlife habitat with agricultural and other land uses. It assists with rebuilding wildlife
corridor linkages in strategic locations and between core protected areas, enabling movement of
fauna and flora species. The LfW program started in Victoria in 1981 with the aim of supporting
private landowners to deliver natural resource outcomes. The State of Victoria remains the head of
power to the program with all participating bodies holding a Memorandum of Understanding (MoU)
with the State. Council has been part of the LfW South East Queensland (SEQ) program since 1998,
alongside 12 other SEQ Council’s.
The LFW SEQ Terms of Reference document (Appendix 1) outlines arrangements for SEQ Councils
to deliver the LFW program. The SEQ LfW program is coordinated by a full-time position overseen
by a steering committee comprising the 13 councils. A host Council undertakes administrative tasks
on behalf of the SEQ Councils, this role is currently provided by Sunshine Coast Regional Council
(SCC), and from June 30th 2023 Brisbane City Council will be the host Council for the next 3 years.
All SEQ Councils contribute funds to support regional co-ordination, maintenance of the regional LfW
database, newsletter production, and periodic member surveys. The funding level is based on the
number of members in each Council. Noosa Council’s contribution for the 2022-23 financial year is
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$14,400. There are currently 5,378 properties registered in the Land for Wildlife program in SEQ,
covering 76,000 hectares of retained habitat.
In the Noosa Shire, the LfW Program is delivered as part of Council’s Private Land Conservation
Partnerships program and is consistent with the Corporate Plan, Environment Strategy, and the
Conservation Land Guideline.
Eligibility
Landowners that are eligible for the LfW program must:
• Have a minimum of 1 hectare of conservation area on their property considered ‘retained
habitat’ or ‘habitat under restoration’ as defined in the LfW SEQ Guideline (Appendix 2).
• Have a commitment to manage their property for nature conservation.
Support for LfW
Council will provide support for new and existing LfW members subject to available resources and
consisting of:
• An initial site visit, property assessment, follow up property report, and provision of a sign
(for fully registered properties) and resource materials for new members.
• Quarterly newsletter delivered electronically where possible.
• LfW events such as workshops and field days.
• Property revisits and ongoing advice as requested by existing members.
• An incentives program (subject to available resources) including (but not limited to) free
native tube stock, training/assistance with environmental weed management, equipment
loans for items such as fauna cameras, weed management tools, and resource books.
VOLUNTARY CONSERVATION AGREEMENT (VCA) PROGRAM
The VCA Program is a higher-level voluntary agreement between Council and eligible landowners
that permanently protects a nominated conservation area on the landowner’s property.
Delivery of the VCA program is guided by Council’s Environment Levy Policy. Operating
procedures for establishing a VCA are outlined in Appendix 7.
Eligibility
Freehold properties in Noosa Shire that are eligible for the VCA program include:
1. Land parcels of high biodiversity values, significant size (minimum of 5 hectares) and
located next to or within Core Protected Areas (Appendix 3); or
2. Land parcels that occur within biodiversity corridors between Core Protected Areas; and
3. Properties whose owners have demonstrated a commitment to achieving conservation
outcomes; and
4. Other land that has unique environmental significance such as containing an endangered
ecosystem, old growth forest, or listed plant and animal species; and
5. Existing Nature Refuge properties.
All applications for VCAs will be assessed and prioritised by the Environment Levy Working Group
(ELWG) according to available resources.
Administrative and legal requirements
A VCA requires three elements detailed below:
1. Statutory conservation mechanism.
2. VCA – written agreement.
3. Environmental Management Plan (EMP).
Statutory conservation mechanisms
Council offers two statutory conservation mechanisms under the VCA program. These are (in order
of level of protection):
1. Nature Refuge; and
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2. Conservation Covenant
Further details are provided below:
Nature Refuge
A Nature Refuge gazetted under the Nature Conservation Act 1992 can be placed over all or part of
a property and runs with the title, binding successive owners. A Nature Refuge offers the highest
level of protection however is subject to Queensland Government requirements such as size of the
conservation area and exceptional biodiversity values. Compliance action in the event of a breach of
the Nature Refuge conditions is the responsibility of the Queensland Government. Where the
property meets eligibility criteria for a Nature Refuge this is Council’s preferred protection mechanism
as it does not require a survey plan which can be expensive. Council staff work with the State
Government to progress Nature Refuge dedication over eligible properties.
Conservation Covenant
Under the Land Act 1994, a conservation covenant is registered over the nominated conservation
area on the property and runs with the title, binding successive owners. The conservation covenant
(Appendix 4) is a legal agreement between the property owner (the covenantor) and Council (the
covenantee) and requires development of a survey plan, and preparation and lodgement of covenant
documents with Titles Qld. Compliance action in the event of breaches of conservation covenant
conditions is the responsibility of Council as the covenantee.
VCA – written agreement
The agreement (Appendix 5) and associated documentation is developed in consultation with the
landholder. The VCA terminates when land changes ownership or if both parties agree to terminate
the agreement. If ownership of the property changes, Council may seek to engage the new
landholder in a new VCA agreement if it is considered necessary to continue works as identified in
the associated Environment Management Plan.
Areas on VCA properties outside the conservation area can continue to be used for other purposes
(e.g. grazing, orchards, open space, future buildings). A VCA does not grant any public right of
access to the land. Landowners are encouraged to seek independent legal and financial advice prior
to placing statutory conservation protection over their land and entering into a VCA.
Due to the associated start-up costs incurred by Council during the VCA establishment process, a
letter of agreement to proceed must be signed by the landholder. This states that if the landowner
changes their mind about proceeding with the agreement, they will reimburse Council for any
reasonable costs outlaid up to the time the landowner notifies Council of their withdrawal from the
VCA process. Any third-party interest holders on the property title (such as a lending institution) must
provide consent for the VCA to proceed.
Environment Management Plan (EMP)
An EMP is developed for the conservation area. This EMP covers a description of the conservation
area and its environmental values, threatening processes (e.g., invasive species), and management
actions required. An EMP template is provided in Appendix 6.
Support for VCAs
Establishment costs
Council will outlay costs to establish Nature Refuge or Conservation Covenant over the nominated
section of the property. Costs include developing a survey plan of the covenant area, Nature Refuge
establishment tasks, Titles Queensland property searches, document preparation and lodgement
fees, as well as Council officer time.
Financial Incentive
The annual incentive to implement the EMP will be capped as follows:
• Minimum amount of $2,000 per annum for conservation areas up to 5 hectares in size.
• For conservation areas over 5 hectares an additional $200 will be available for every extra
hectare, up to a maximum total of $6,000 each year.
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• Costs cannot be claimed for unexpended VCA funds from previous financial years.
What funds can be used for under the EMP
The type of works or materials required will be identified in the agreed EMP. Examples include:
• Engagement of contractors for ecological restoration works and fencing or barbed wire fence
removal.
• Engagement of contractors for invasive species control.
• Engagement of consultants for services such as ecological surveys or fire management
planning and approved works.
• Purchase of or reimbursement for materials such as herbicide and/or tools necessary to
conduct environmental restoration activities.
VCA properties may be eligible for grants and other funding from Council (LfW incentives), state and
federal governments.
VCA funds cannot be used for works that are a regulatory requirement such as a condition of
development or subject to compliance action by a regulatory authority.
Commissioning works
The EMP priorities will be discussed on-site annually with a Council officer, the landowner and
contractor to review works undertaken and identify upcoming works. Agreed works will be confirmed
in writing by Council and co-ordinated by the landholder and contractor. Once works have been
completed to the satisfaction of Council and the landholder, the contractor will be paid by Council.
Regarding reimbursement of materials and tools the landholder shall obtain a quote from the supplier
and submit to Council for written approval prior to purchase. The landowner then provides a tax
invoice to Council for reimbursement of funds.
Rate refund
A component of the annual incentive can be negotiated with the landholder to go towards a refund
of the general rate amount. A rate refund will only be considered by Council when all management
tasks specified under the EMP have been substantially achieved, and only if the full rates payable
on the property have been paid by the landowner for past and current rating periods. The
allowable amount going towards a rate refund will be determined by the size of the conservation
area expressed as a percentage of the total property size (see below). For example, if 50% of the
property is within the conservation area then the rate refund will be 50% of the general rate.
100
* the available rate rebate cannot exceed
90
the determined financial incentive
80
70
Rebate Eligibility
(% of general rate)
60
50
40
30
20
10
0
0 10 20 30 40 50 60 70 80 90 100
% of Total Property Area Com prising the Conservation Area
SPLIT ZONING CONSERVATION PROGRAM
Council can split zone a property to place the nominated conservation area under Environmental
Management and Conservation zoning, which is then protected under provisions of the Noosa Plan,
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however this rezoning doesn’t show on the property title. Split zoning is appropriate for those
properties that do not meet the eligibility criteria for a Conservation Covenant or Nature Refuge in
terms of size (less than 5 hectares) or inherent biodiversity values. As with a VCA, the process is
voluntary and is purely driven by a landowner’s aspiration to protect the native vegetation on their
property. The process is that the landowner signs a letter nominating an area of their property to be
rezoned as Environmental Management and Conservation zone and marks up the nominated area
on a map of the property. The balance of the property outside the conservation zone remains in its
original zoning (usually rural or rural residential). To formalise this zoning change under the Noosa
Plan, Council submits planning scheme amendments to the State from time to time. Compliance
action in the event of breaches of the Noosa Plan provisions is the responsibility of Council.
Support for Split Zone Conservation properties
Council will provide support to landowners who have nominated and had their properties rezoned
as Environmental Management and Conservation Zone under the Noosa Plan as follows:
• A 3-year agreement providing a financial incentive capped at $1500 per annum to be used to
improve the ecological condition of the rezoned area (such as environmental weed
management and revegetation). These works will be identified under an EMP. The landowner
must demonstrate a commitment to maintaining the works past the 3-year funding window by
proactively managing their property for nature conservation, e.g. invasive weed management,
maintaining tree plantings.
VCA AND SPLIT ZONING PROGRAM ROLES AND RESPONSIBILITIES
Council
Council will cover reasonable costs associated with the preparation, lodgement, and registration of
documents to give effect to the VCA or Split zoning. These may include:
• Surveying of the conservation area, and registration of the Conservation Covenant.
• Negotiation with the state government (including provision of field data) to facilitate a Nature
Refuge agreement.
• Developing split zoning landowner correspondence and mapping and undertaking periodic
planning scheme amendments.
Council will provide assistance to the landowner including technical advice relating to the planning
and ongoing management of the conservation area. Council will undertake or provide for works in
the conservation area as outlined in the EMP and Agreement.
Council will also make available to the landholder the determined annual financial incentive for
each year of the agreement. Financial incentives will be reviewed every 3 years to reflect CPI
increases. A register of sites subject to a VCA and Split Zoning will be maintained by Council.
The VCA program will be administered and implemented by the Conservation Partnerships Officer
from the Environmental Services Branch of Council.
Landowner
Landowners entering into a VCA or Split Zoning will:
• Comply with the relevant protective mechanism conditions.
• Undertake those works identified as being their responsibility in the agreement and EMP.
• Inform Council of their intention to sell their property and inform them when the sale has
taken place.
DEFINITIONS
“Biodiversity” refers to the variety of all life forms - all the different plants, animals and micro-
organisms, and the ecosystems of which they are a part.
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“Biodiversity Corridors” are broad tracts of vegetated, cleared and partly cleared land, extending
across the Noosa landscape that consolidate or connect core habitat, and can occur across private
and/or public land.
“Conservation Land Guideline” is a mapping methodology to identify environmentally significant
land for potential acquisition or for private land conservation outcomes.
“Core Protected Areas” are large biodiverse areas that consist collectively of public land already
under conservation protection such as National Park, Bushland Reserves and Nature Refuges.
“Environment” refers to the use of the word to describe the natural (not man-made) environment
of the region and includes the natural ecological systems of air, water, soil and associated species
of flora and fauna.
“Environment Levy” refers to a levy raised by Council (in accordance with section 94 of the
Queensland Local Government Act 2009), on all rateable properties within its jurisdiction, in order
to meet the objectives in this policy.
RELEVANT LEGISLATION
Noosa Council Environment Levy Policy 2018
Qld Environmental Offsets Policy 2022
Qld Land Act 1994
Qld Nature Conservation Act 1992
Qld Planning Act 2016
Qld Vegetation Management Act 1999
Version control:
Version Reason/ Trigger Change (Y/N) Endorsed/ Reviewed by Date
1.0 Create new Council 20/09/2018
2.0 Revision Y Council 16/01/2020
3.0 Revision
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Appendix 1 – LfW SEQ Terms of Reference
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LfWSEQ Terms of Reference (ToR)
Final - with Representatives and Affiliate Councils updated as of 7 February 2022
_______________________________________________________________________________
1. Background & (a) The Land for Wildlife Scheme is a voluntary nature conservation initiative
Purpose of ToR designed to recognise and assist private landowners in conservation and
restoration of wildlife habitat. It began in Victoria in 1981 and has since
been adopted by most Australian states and territories.
(b) Since 1998, the Land for Wildlife Scheme has been delivered by Councils in
South East Queensland pursuant to the National Arrangement (and
predecessor agreements) as the Land for Wildlife South East Queensland
program or LfWSEQ.
(c) The ToR outlines the arrangements for the Core and Affiliate Councils to
deliver LfWSEQ.
(d) The ToR is applicable during the Period from 1 July 2020 to 30 June 2023
(inclusive).
2. Legal Status (a) The ToR is to be interpreted consistently with the National Arrangement.
(b) The ToR is a statement of understanding and is not legally binding. It is a
good faith arrangement between the Core and Affiliate Councils and to
establish and define a collaborative relationship.
(c) The ToR does not constitute the Core and Affiliate Councils or
Representatives as partners, joint venturers, fiduciaries, attorneys or agents
of each other.
3. Objectives The Objectives of the Core and Affiliate Councils which guide the LfWSEQ
Steering Committee are to work together and cooperate to:
• Deliver LfWSEQ.
• Comply with the National Arrangement.
• Implement and comply with the ToR and Guidelines.
• Foster cooperation throughout South East Queensland in delivery of
LfWSEQ.
• Establish and maintain high levels of quality for LfWSEQ products and
services.
• Undertake the Joint Activities.
• Investigate and implement long term arrangements for continuing to deliver
LfWSEQ.
4. Core Councils (a) For the Period, the Core Councils are: Brisbane City Council; City of Gold
Coast; Lockyer Valley Regional Council; Logan City Council; Ipswich City
Council; Moreton Bay Regional Council; Noosa Council; Redland City
Council; Scenic Rim Regional Council; Somerset Regional Council; and
Sunshine Coast Council.
(b) Each Core Council must use reasonable endeavours to:
• Comply with obligations pursuant to the National Arrangement, including
using the national Land for Wildlife logo, sign, design, trademark and
copyrights in compliance with the National Arrangement.
• Implement and comply with the ToR and Guidelines.
• Contribute to the implementation of the Objectives.
• Participate in the LfWSEQ Steering Committee and Subcommittee
meetings and activities.
• Encourage sharing of skills, knowledge, experience and information
across the Core and Affiliate Councils and with the LfWSEQ Regional
Coordinator at all organisational levels.
• Not commercialise or participate in any commercialisation of LfWSEQ
without the prior approval of the LfWSEQ Steering Committee.
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• Deliver LfWSEQ in its local government area, including undertaking the
Activities.
(c) Each Core Council will be entitled to vote on Steering Committee matters if:
• They are listed as a Core Council in clause 4(a).
• They have paid their Contribution to the Host Council as per clause 6(c).
• They do not hold a Conflicting Interest as per clause 8.9(b).
• They are not considered a Defaulting Council as per clause 9(a).
(d) Each Core Council has a right to participate pursuant to the ToR, including
that its Representative:
- Is entitled to be counted in establishing a quorum for a meeting.
- Is entitled to vote on any resolution.
- Is entitled to sign a circulating resolution.
- Is entitled to receive and participate in all communications.
5. Affiliate Councils (a) For the Period, the Affiliate Councils are Fraser Coast Regional Council and
Gympie Regional Council with Toowoomba Regional Council becoming an
Affiliate Council in February 2022.
(b) Each Affiliate Council must use reasonable endeavours to:
• Comply with obligations pursuant to the National Arrangement, including
using the national Land for Wildlife logo, sign, design, trademark and
copyrights in compliance with the National Arrangement.
• Implement and comply with the ToR and Guidelines.
• Contribute to the implementation of the Objectives.
• Participate in the LfWSEQ Steering Committee meetings and activities.
• Encourage sharing of skills, knowledge, experience and information
across the Core and Affiliate Councils and with the LfWSEQ Regional
Coordinator at all organisational levels.
• Not commercialise or participate in any commercialisation of LfWSEQ
without the prior approval of the LfWSEQ Steering Committee.
• Deliver LfWSEQ in its local government area, including undertaking the
Activities.
(c) Each Affiliate Council has a right to attend and participate in LfWSEQ
Steering Committee meetings, including that its Representative:
- Is entitled to receive and participate in all communications.
6. LfWSEQ Budget & (a) Prior to the commencement of each financial year, the LfWSEQ Steering
Contributions Committee will prepare and approve (by a unanimous resolution of all
Representatives appointed by the Core Councils and entitled to vote) a
LfWSEQ Budget for delivering the Joint Activities and otherwise
implementing the Objectives in the financial year.
(b) Based on the LfWSEQ Budget, the LfWSEQ Steering Committee will
calculate and approve (by a unanimous resolution of all Representatives
appointed by the Core Councils and entitled to vote) the Contribution of
each Core and Affiliate Council for the financial year.
(c) Each Core and Affiliate Council must pay its Contribution to the Host
Council for each financial year in full by no later than 30 September in the
relevant financial year.
(d) Contributions not expended in a financial year will be carried over as a
credit to the LfWSEQ Budget for the next financial year, not repaid or
credited to any Core or Affiliate Council.
7. Host Council (a) At the commencement of the Period, the Host Council is Sunshine Coast
Council.
(b) The Host Council will:
• Hold the Contributions.
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• Expend the Contributions only as approved by the LfWSEQ Steering
Committee in the LfWSEQ Budget or otherwise.
• Sign the National Arrangement as per clause 12.5 and maintain the
currency of the National Arrangement for the Period.
• Act as legal entity when required for any Joint Activity.
• When acting as legal entity:
- Do so in its own name and not as agent for the other Core or Affiliate
Councils. That is, the Host Council will have all the rights and
obligations connected with any arrangement that it enters into as a
legal entity. Its recourse to, or any other involvement with, the other
Core or Affiliate Councils and LfWSEQ will be limited to
reimbursement from Contributions as approved by the LfWSEQ
Steering Committee.
- Ensure any arrangements that it enters into as the Host Council is in
compliance with the LfWSEQ Budget, or otherwise LfWSEQ
Steering Committee approved, purpose.
- Be subject to the supervision and direction of the LfWSEQ Steering
Committee on matters relating to its role as Host Council. However,
the Host Council need not follow any direction that it considers might
be detrimental to its reputation or expose it to new or increased
liability or be against its policies.
(c) The Host Council can resign or be removed (in line with Clause 9(a)) by the
LfWSEQ Steering Committee (by a unanimous resolution of all
Representatives appointed by the Core Councils and entitled to vote). To
enable the resignation or removal, the LfWSEQ Steering Committee will
nominate a replacement legal entity (by a unanimous resolution of all
Representatives appointed by the Core Councils and entitled to vote) and the
Host Council will transition its outstanding arrangements to the nominee
promptly.
8. LfWSEQ Steering The LfWSEQ Steering Committee is continued pursuant to the ToR.
Committee
8.1 Role and The LfWSEQ Steering Committee’s roles and responsibilities include to:
Responsibilities • Supervise, and make all decisions concerning, all subject matter of the ToR.
• Prepare and approve the LfWSEQ Budget and Contributions as per clauses
6(a) and 6(b).
• Prepare and ensure currency of LfWSEQ documents including the ToR,
National Arrangement, Guidelines and Ten Year Strategic Plan.
• Be the primary body through which the Core and Affiliate Councils cooperate
and work together to implement the Objectives and share skills, knowledge,
experience and information across the Core and Affiliate Councils and with
the LfWSEQ Regional Coordinator.
• Monitor, evaluate and improve the implementation of the Objectives on a
continuing basis.
• Approve all Joint Activities.
• Approve the long term arrangements for continuing to deliver LfWSEQ.
• Approve and prioritise the work plan of the LfWSEQ Regional Coordinator.
The LfWSEQ Regional Coordinator will report to the Steering Committee.
• Approve any press releases, public statements or advertising regarding
LfWSEQ.
8.2 Representatives (a) Each Core and Affiliate Council and the LfWSEQ Regional Coordinator must
and Proxies nominate and maintain one individual Representative to the LfWSEQ
Steering Committee.
(b) All Representatives will be provided with fair and equal opportunity and
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reasonable timeframes to participate in the LfWSEQ Steering Committee.
(c) A Representative can appoint another individual as the Representative’s
Proxy to the LfWSEQ Steering Committee. A Proxy appointment can be for
any period or periods or can be a standing appointment.
(d) A Proxy has the same right as its appointing Representative to exercise the
Representative’s rights and powers as a Representative to the LfWSEQ
Steering Committee, including to attend, count in quorum, speak at, vote at,
and otherwise act in connection with, LfWSEQ Steering Committee meetings
and to sign circulating resolutions. However, a Proxy cannot appoint a further
proxy.
(e) A Proxy can only exercise their appointing Representative’s rights and
powers whilst their appointing Representative is not exercising those rights
and powers and during the period or periods (if any) specified in the Proxy’s
appointment.
(f) A Representative can appoint multiple Proxies for the same or different
periods or as a standing appointment. However, only one Proxy can exercise
the appointing Representative’s rights and powers at any time. The Proxy
entitled to exercise the rights and powers will be determined as follows:
• To the extent that multiple Proxies are appointed in one document, in
descending order of how the Proxies are named in the document.
• To the extent the multiple Proxies are appointed in multiple documents,
from the most recent to the oldest validity date of the documents as
Proxy appointments.
(g) Each Proxy is subject to the same limitations as their appointing
Representative. Each Core and Affiliate Council is responsible for its
Representative’s Proxies as if the Proxy was its Representative.
(h) A Proxy appointment is valid if:
• It states the names of the Representative and Proxy or Proxies.
• It states the appointment of the Proxy or Proxies including for what
period or periods the Proxy or each Proxy is appointed or that the
appointment is a standing appointment.
• It is signed by the Representative.
• It is received by the Steering Committee Secretary (or if there is no such
Secretary currently serving, all other Representatives) at least 24 hours
before the meeting at which it is intended to be used.
(i) A Proxy appointment is valid from the date that it is given to the LfWSEQ
Steering Committee Secretary (or if there is no such Secretary currently
acting, all other Representatives).
(j) Except as outlined above, the LfWSEQ Steering Committee is not required to
acknowledge or give effect to any purported instruction to, or limit on, a
Proxy.
(k) A list of Representatives and Proxies for each Core and Affiliate Council and
the LfWSEQ Regional Coordinator is shown in Schedule 1 of the ToR as at
the date of adoption of the ToR.
(l) The Representatives and Proxies for each Core and Affiliate Council and the
LfWSEQ Regional Coordinator (as per Schedule 1 of the ToR) will be
reviewed at the commencement of each financial year, determined as
follows:
• Written nominations for Representatives and Proxies for each Core and
Affiliate Council and the LfWSEQ Regional Coordinator, must be
received by the Secretary by 30 April in the financial year preceding the
financial year in which the positions are to take effect.
(m) Notwithstanding the above, a replacement Representative or Proxy may be
appointed during a financial year by notice in writing to the Secretary.
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8.3 Chairs (a) The LfWSEQ Steering Committee will have one Chair and one Deputy Chair.
(b) The Chair and Deputy Chair will each represent a Core Council.
(c) The Chair and Deputy Chair must not represent the Host Council.
(d) The Chair and Deputy Chair may be a Representative or a Representative’s
Proxy or another individual representing a Core Council.
(e) The Chair and Deputy Chair will be appointed by the LfWSEQ Steering
Committee at the commencement of each financial year, determined as
follows:
• The term of the Chair and Deputy will be for one financial year.
• The Chair and Deputy Chair can be re-elected as Chair or Deputy Chair
for a maximum of two successive financial years.
• Written nominations for Chair and Deputy Chair from a Core Council,
excluding the Host Council, must be received by the Secretary by 30
April in the financial year preceding the financial year in which the
positions are to take effect.
• Nominees for Chair and Deputy Chair must agree to their nomination.
• If more than one nomination for Chair and Deputy Chair are received, the
Steering Committee will elect a Chair and Deputy Chair by a vote by way
of poll at the last Steering Committee meeting of the financial year
preceding the financial year in which the positions are to take effect.
• If only one nomination for Chair and Deputy Chair are received, the
Steering Committee will elect a Chair and Deputy Chair by consensus or
simple majority resolution on a show of hands at the last Steering
Committee meeting of the financial year preceeding the financial year in
which the positions are to take effect.
• Appointment of the Chair and Deputy Chair will come into effect at first
Steering Committee meeting of the new financial year.
(f) Each meeting may be chaired by more than one person, determined as
follows:
• The Chair and Deputy Chair may agree to act as chair for different
sections of the meeting.
• If the Chair is absent from the meeting or refuses or is unable to act as
chair of the meeting, the Deputy Chair will chair the meeting.
• If both the Chair and Deputy Chair are absent from a meeting or refuse
or are unable to act as chair of the meeting:
- The Chair can nominate a Representative or Representative’s Proxy
from a Core Council, excluding the Host Council, to act as Chair for
the meeting.
- Failing that, the Deputy Chair can nominate a Representative or
Representative’s Proxy from a Core Council, excluding the Host
Council, to act as Deputy Chair for the meeting.
- Failing the above two options, the LfWSEQ Steering Committee can
appoint an acting chair for the meeting from the Representatives of
Core Councils, excluding the Host Council, at the meeting.
(g) The chair of a meeting does not have a casting vote.
8.4 Secretary (a) The LfWSEQ Steering Committee will have a Secretary.
(b) At the commencement of the Period, the LfWSEQ Regional Coordinator is
Secretary.
(c) The LfWSEQ Steering Committee can replace the Secretary at any time.
(d) The Secretary holds office for the duration and on the terms determined by
the LfWSEQ Steering Committee.
(e) If the Secretary is absent or unable or unwilling to act, the LfWSEQ Steering
Committee can appoint an acting Secretary.
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(f) The Secretary has a right to attend and participate in LfWSEQ Steering
Committee meetings (but not vote) unless otherwise agreed by the Steering
Committee.
8.5 Quorum (a) The LfWSEQ Steering Committee cannot conduct business or consider a
decision at a meeting without a quorum.
(b) A quorum for a meeting will exist when there is a Representative of more
than half of the Core Councils entitled to be counted in quorum for the
meeting present at the meeting.
(c) If a quorum is not present at the meeting within 30 minutes of the start time
of a meeting, the meeting will be adjourned to the time and place determined
by the Chair of the meeting.
8.6 Decision Making (a) The LfWSEQ Steering Committee will use reasonable endeavours to reach
decisions by consensus. However, any Representative can require a
decision to be put to a formal vote.
(b) All votes will be by a show of hands, unless any Representative requires a
secret ballot.
(c) The one Representative appointed by each Core Council will have one vote.
(d) All resolutions will be by simple majority of votes by Representatives of Core
Councils present at the meeting and entitled to vote on the resolution, unless
otherwise specified in the ToR.
(e) On resolutions by simple majority, if a majority cannot be achieved, the
matter will be referred to the Strategic Subcommittee for further
recommendation. Once the matter has been considered by the Strategic
Subcommittee, it will be referred back to the Steering Committee with
recommendations for reconsideration.
(f) A unanimous resolution of all Representatives appointed by the Core
Councils and entitled to vote on the resolution is required:
• To vary or depart from the ToR.
• To approve any commercialisation of LfWSEQ.
• To approve any expenditure in excess of available Contributions or which
is not provided for in the Budget.
• To approve long term arrangements for continuing to deliver LfWSEQ.
• To make any statement or incur any liability (other than for expenditure of
moneys in accordance with an approved LfWSEQ budget) that might
legally bind, adversely impact the reputation of, or otherwise expose
LfWSEQ, any Core or Affiliate Council, the LfWSEQ Regional
Coordinator, the LfWSEQ Steering Committee, any Subcommittee or any
Representative.
• As otherwise specified in the ToR.
8.7 Meetings (a) The LfWSEQ Steering Committee must meet at least once every 2 months.
(b) The Secretary will (or at any time there is no Secretary any Representative
can) call meetings in accordance with the following procedures:
• Meetings will rotate between each of the Core Councils.
• The Core Council for the local government area will nominate the time
and venue for, and host, its meeting.
• The Secretary (or Representative as applicable) will circulate a meeting
notice at least 30 days prior to the meeting, and will circulate an agenda
for each meeting to all Representatives not less than 5 Business Days
before the meeting.
• The Secretary (or Representative as applicable) will seek input from all
Representatives in preparing the agenda and include any agenda item
requested by any Representative at least 5 Business Days before the
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meeting. Agenda items received after this time, can be included at the
discretion of the Chair of the meeting.
(c) If no Core Council is able to host a meeting, or if the Secretary (or if there is
no Secretary, any Representative) decides it is preferable, the Secretary will
(or at any time there is no Secretary any Representative):
• Call and hold a meeting by way of any technological means which allows
each Representative an opportunity to hear and be heard at the meeting.
If a meeting is held by these means, a Representative is deemed to have
been in attendance for the whole meeting (unless otherwise noted to the
Chair).
• progress non-voting meeting items via email, conferencing or other
electronic means in accordance with clause 8.8.
(d) The LfWSEQ Steering Committee or any Representative can invite to any
meeting any individual who is:
• An officer, employee, contractor or agent of a Core or Affiliate Council.
• Any other person provided that written notice of the person’s name and
reason for invitation is given to the Secretary and other Representatives
either via the agenda or not later than 2 Business Days after the agenda
is given to all Representatives.
(e) Any invitee participates in discussion at a meeting at the discretion of the
LfWSEQ Steering Committee and may be requested to depart for certain
parts of the meeting, as determined by the Chair.
(f) The Secretary will (or at any time there is no Secretary any Representative
can) prepare minutes of all meetings in accordance with the following
procedures:
• The Secretary (or Representative as applicable) will circulate draft
minutes of each meeting to all Representatives no later than 10 Business
Days after the meeting.
• Representatives can provide corrections or additions to the Secretary (or
Representative as applicable) not later than 5 Business Days after the
distribution date of the draft minutes. The Secretary (or Representative
as applicable) will incorporate the corrections and additions and
recirculate final minutes.
8.8 Circulating (a) The LfWSEQ Steering Committee can pass a resolution without a meeting
Resolutions being held if all Representatives (or their Proxies) appointed by the Core
Councils and entitled to vote on the resolution sign a document, or send an
email or communicate by other electronic means, stating that they are in
favour of the resolution as set out in the document.
(b) Separate copies of a document can be used for signing by Representatives if
the wording of the resolution and statement is identical in each copy. A
Representative can provide a copy of their signed document by email or
other electronic means.
(c) The resolution is passed when the last Representative signs.
8.9 Conflicts (a) Each Core and Affiliate Council and LfWSEQ Regional Coordinator will use
reasonable endeavours to procure that it and its Representative will act
consistently with the ToR and in furtherance of the Objectives when
participating in the LfWSEQ Steering Committee.
(b) This clause applies if a Core or Affiliate Council or the LfWSEQ Regional
Coordinator or their Representative has an interest or may benefit (whether
directly or indirectly) in any contract or arrangement to be entered into by, or
for, LfWSEQ, or any other matter before the Steering Committee (including
benefiting by exercising any voting or other discretionary right or power under
the ToR), other than its interest in, and benefit from, implementing the ToR
and furthering the Objectives. A Conflicting Interest includes a perceived
Conflicting Interest. Any such interest or benefit is a Conflicting Interest.
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(c) The Core or Affiliate Council or the LfWSEQ Regional Coordinator or their
Representative which has the Conflicting Interest is the "Conflicted Party".
The following procedures apply to manage any Conflicting Interest:
• Representatives - If the Conflicted Party is a Representative of a Council
or a Representative of the LfWSEQ Regional Coordinator, they must
disclose the Conflicting Interest to their appointing Core or Affiliate
Council or the LfWSEQ Regional Coordinator (as the case may be) as
soon as it becomes aware of the Conflicting Interest. The Core or Affiliate
Council or the LfWSEQ Regional Coordinator who receives notice of the
Conflicting Interest (as the case may be), must give written notice to
each other Representative, the Chair and the Deputy Chair, detailing the
Conflicting Interest as soon as it becomes aware of the Conflict Interest.
• Regional Coordinator - If the Conflicted Party is the LfWSEQ Regional
Coordinator, they must disclose the Conflicting Interest to each Core and
Affiliate Council Representative, the Chair and Deputy Chair as soon as
it becomes aware of the Conflicting Interest.
• Councils - If the Conflicted Party is a Council, they must give written
notice detailing the Conflicting Interest to each other Core and Affiliate
Council Representative, the Chair and Deputy Chair as soon as it
becomes aware of the Conflicting Interest. The notice is to be given by
the Conflicted Council’s Representative to each other Representative
and copied to the Secretary.
• The Conflicted Party (or where it is a Council or LfWSEQ Regional
Coordinator – their Representative):
- Is not entitled to be counted in establishing a quorum for a meeting
at which any resolution concerning the Conflicting Interest is to be
voted on.
- Is not entitled to vote on any resolution concerning the Conflicting
Interest.
- Is not entitled to sign a circulating resolution concerning the
Conflicting Interest.
- Is not to be present when the LfWSEQ Steering Committee
considers the Conflicting Interest.
- Is not entitled to take part in a decision of the LfWSEQ Steering
Committee regarding the Conflicting Interest.
- Is not to be present when the LfWSEQ Steering Committee is
considering whether to give a business direction to the Conflicting
Interest.
- Is not to take part in making the decision about giving the direction to
the Conflicting Interest.
• If the Conflicting Interest rests with a Conflicted Council or Conflicted
Representative, the Secretary shall record the declaration of the
Conflicting Interest and associated actions in the meeting minutes and in
the register of Conflicting Interests held by the Host Council.
• If the Conflicting Interest rests with the Conflicted Regional Coordinator,
the Chair or Deputy Chair or any other Core Council Representative
nominated by the Steering Committee will record the Conflicting Interests
and associated actions and will circulate these to all Core and Affiliate
Council Representatives no later than 10 Business Days after the
meeting, and shall record the declaration of the Conflicting Interesting in
the register of Conflicting Interests held by the Host Council.
• The LfWSEQ Steering Committee will ensure that any desirable
additional procedures are put in place to ensure confidentiality, good
governance and probity is maintained in respect of the Conflicting
Interest. The additional procedures can include excluding the Conflicted
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Party and its Representative from communications concerning the
Conflicting Interest.
(d) This clause constitutes notice that the Host Council has a Conflicting Interest
in relation to:
• Any variation to the ToR concerning the terms on which it acts as Host
Council.
• Any removal of it as Host Council.
• Any consideration by the LfWSEQ Steering Committee of its
performance of its role as Host Council.
The above outlined procedures for managing a Conflicting Interest apply
accordingly.
(e) The Core and Affiliate Councils acknowledge and agree that:
• LfWSEQ is only one of many activities undertaken by each Core and
Affiliate Council. Except as expressly provided in the ToR, nothing in the
ToR restricts a Core or Affiliate Council from undertaking any of its other
activities or doing so in any manner and without any obligation (including
of disclosure) to the other Core or Affiliate Councils concerning the other
activities.
• Except as expressly provided in the ToR, each Core and Affiliate Council
and its Representative can act in the Core or Affiliate Council’s discretion
and interests when exercising any voting or other discretionary rights and
powers under the ToR or otherwise in connection with LfWSEQ.
8.10 Subcommittees (a) The LfWSEQ Steering Committee can establish one or more
Subcommittees. Any Subcommittee formed or person or persons appointed
to the Subcommittee must, in the performance of the role delegated, conform
to any regulations that may from time to time be imposed by the Steering
Committee.
(b) Subcommittees are advisory only. They do not have delegated decision-
making authority from the LfWSEQ Steering Committee and do not have the
power to make decisions which bind the Steering Committee.
(c) At the commencement of the Period, the Strategic Subcommittee has been
established.
(d) Representatives of the Strategic Subcommittee can include:
• Any individual officers, employees, contractors or agents of a Core
Council.
• The LfWSEQ Regional Coordinator or its Representative.
(e) Representatives of other Subcommittees excluding the Strategic
Subcommittee can include:
• Representatives, including the LfWSEQ Regional Coordinator.
• Any individual officers, employees, contractors or agents of a Core or
Affiliate Council.
(f) A Subcommittee need not include an individual representing each Core or
Affiliate Council and can include multiple individuals from any Core or Affiliate
Council.
(g) In establishing a Subcommittee, the LfWSEQ Steering Committee must
determine its name, purpose and Subcommittee Representatives and can
determine any other requirements, such as activities, priorities, timeframes,
reporting and governance.
(h) A Subcommittee can determine its own activities, priorities, timeframes and
governance to the extent not determined by the LfWSEQ Steering
Committee.
(i) A Subcommittee may meet and adjourn as it thinks proper. The meetings
and proceedings of any Subcommittee are to be governed by the provisions
of these ToR for regulating the meetings and proceedings of the Steering
Committee so far as they are applicable.
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(j) The members of the Subcommittee may elect one of them as chairperson of
their meetings.
(k) The Steering Committee can remove or add any Subcommittee
Representative at any time.
(l) The LfWSEQ Steering Committee can abolish a Subcommittee at any time.
(m) Each Subcommittee must cause one of its members to take the minutes of
each Subcommittee meeting. After such minutes have been approved by the
Subcommittee to which they relate, the Subcommittee will cause them to be
presented to the Steering Committee at the next meeting of the Steering
Committee together with any recommendations to the Steering Committee.
9. Default & Dispute (a) If a Core or Affiliate Council:
• breaches any obligation pursuant to the ToR which cannot be remedied;
or
• breaches any obligation pursuant to the ToR which can be remedied and
the breach is not remedied within 30 days of provision by the Core or
Affiliate Council of a written notice from the LfWSEQ Steering Committee
specifying the breach and action required to remedy,
the LfWSEQ Steering Committee can (by unanimous resolution of all
Representatives appointed by the Core Councils and entitled to vote
excluding the Council in breach) exclude the defaulting Core or Affiliate
Council from any further participation pursuant to the ToR.
(b) If a defaulting Core or Affiliate Council is excluded from further participation,
any Contributions it has paid will not be refunded.
(c) Until a defaulting Core or Affiliate Council is excluded:
• It will be treated as having a Conflicting Interest concerning its breach, its
exclusion and other consequences of its breach.
• It will be treated as having a Conflicting Interest concerning any breach
by any other defaulting Core or Affiliate Council and exclusion or other
consequences of breach by the other defaulting Core or Affiliate Council.
• The procedures outlined in the ToR for managing a Conflicting Interest
apply accordingly.
(d) If the LfWSEQ Steering Committee becomes deadlocked on any decision,
the decision will be referred to appropriate senior managers of the Core
Councils for resolution.
(e) If any dispute arises between Core or Affiliate Councils concerning the ToR
or in connection with LfWSEQ, the dispute will be referred to appropiate
senior managers of the relevant Core and Affiliate Councils for resolution.
The Councils will use their best endeavours to resolve the dispute promptly
and in good faith.
(f) An appropiate senior manager of a Core or Affiliate Council is:
• Senior to its Representative.
• Familiar with LfWSEQ, but not involved in LfWSEQ day-to-day.
10. Expiry & Early (a) The ToR expires at 5pm on the last day of the Period, unless the LfWSEQ
Termination Steering Committee resolves to continue it for a further period.
(b) The ToR will automatically terminate on its replacement with a new
document or new documents establishing long term arrangements for
continuing to deliver LfWSEQ.
(c) The ToR can be terminated at any time by written agreement between the
Core Councils.
11. Confidentiality (a) Each Core and Affiliate Council acknowledges the utmost importance of
protecting the privacy of LfWSEQ members and their personal information,
including complying with the Privacy Act 1988 (Cth) and Information Privacy
Act 2009 (Qld) (collectively referred to as Privacy Legislation).
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(b) A Core or Affiliate Council must not use a member’s personal information
except for LfWSEQ purposes pursuant to the ToR or with the prior written
consent of the LfWSEQ member.
(c) Each Core and Affiliate Council will establish, maintain and comply with
procedures for collecting, managing and using member's personal
information which comply with Privacy Legislation. The Host Council will
ensure that the LfWSEQ Regional Coordinator’s engagement requires the
LfWSEQ Regional Coordinator to comply with the Host Councils’ procedures.
(d) A Core or Affiliate Council must not make public any information from which
a LfWSEQ member might be identified, including property data or maps,
without the prior written consent of the member. The Host Council will ensure
that the LfWSEQ Regional Coordinator’s engagement prohibits the LfWSEQ
Regional Coordinator making such information public without such consent.
(e) The Host Councils and Affiliate Councils covenant and agree that they will
not without the prior written approval of the other party disclose any
information whether recorded in writing or otherwise in respect of the matters
contemplated by or which may be created or supplied following the execution
of this ToR to the extent they relate to another party (Confidential
Information) or cause, suffer or permit the same to be disclosed to any
person other than its officers and employees who need to know for the
purposes of the party discharging its obligations under this ToR; or
(f) Use or allow the use of the Confidential Information for any purpose other
than that for which it is supplied. The obligations of the parties under this
clause survive termination of this ToR.
(g) The obligations of the parties under clause 11(f) shall not apply in respect of
Confidential Information where, the party is obliged by law to disclose the
information, expressly agreed by all parties in writing or the Confidential
Information comes into the public domain otherwise than by a breach of this
clause.
(h) The parties shall assume responsibility for the actions of its Representatives
who have access to the Confidential Information.
12. Definitions (a) Expressions defined or explained anywhere in this ToR have the same
meaning throughout.
(b) The definitions below apply throughout the ToR.
12.1 Activities (a) Activities are undertaken by each Core and Affiliate Council to deliver
LfWSEQ in its local government area and do not include Joint Activities.
(b) The minimum Activities that a Core or Affiliate Council must undertake are to:
• Respond to enquires concerning LfWSEQ.
• Register member properties in LfWSEQ.
• Respond to member communications.
• Distribute the LfWSEQ Newsletter to members at least quarterly.
• Maintain and manage its local government area data in the LfWSEQ
database, including to:
- Pay database subscription fees.
- Establish and maintain its LfWSEQ officer(s) database accounts.
- Provide access to its data to the LfWSEQ Regional Coordinator.
- Add a minimum of landholder and property data including: landholder
name and contact details (postal address, phone and email (if
supplied)); property address; property Lot and Plans; date of LfW
registration; hectares of retained habitat and habitat under
restoration (whichever is applicable).
- Update database information to keep landholder contact information
current and property LfW status (registered, working toward
registration or deregistered) current.
LfWSEQ Terms of Reference 2020-2023 - 11 -
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(c) Other activities that a Core or Affiliate Council can undertake using LfWSEQ
branding (whether alone or in conjunction with complementary programs)
include:
• Offering member incentives and grants.
• Events such as workshops and field days.
• Paper and digital publications.
12.2 Business Day A day on which banks are open for business, other than a Saturday, Sunday or
public holiday, in Brisbane.
12.3 Guidelines The set of documents entitled Land for Wildlife Queensland Guidelines including:
• Gu01 – Background to the Land for Wildlife Program.
• Gu02 – Office Procedures.
• Gu03 – Property Assessment.
• Gu04 – Regional Property Register.
• Gu05 – Notes.
• Gu06 – Training of Land for Wildlife Assessors.
• Gu07 – Community Owned Land.
• Gu08 – Groups.
• Gu09 – Financial Assistance and Incentives.
• Gu10 – Commercial Use of Land for Wildlife Logo.
12.4 Joint Activities Joint Activities include:
• Maintaining and managing the LfWSEQ database, including determining
database structure and functionality.
• Engaging and determining the work plan of the LfWSEQ Regional
Coordinator.
• Maintaining the LfWSEQ website and social media.
• Regional events such as workshops, field days, industry events and
conferences.
• Paper and digital publications such as the LfWSEQ newsletter and
LfWSEQ Notes.
• Program monitoring, evaluation and reporting.
• Strategic planning and implementation of LfWSEQ Ten Year Strategic
Plan 2020-2030.
• Maintain currency of LfWSEQ governance documents including but not
limited to National Arrangement, Land for Wildlife Guidelines, ToR and
the LfWSEQ Ten Year Strategic Plan 2020-2030.
12.5 National The Agreement to Coordinate the Land for Wildlife Scheme between the State of
Arrangement Victoria and the Host Council.
12.6 Ten Year The Land for Wildlife South East Queensland Strategic Collaboration of Local
Strategic Plan Governments Ten Year Plan 2020-2030.
LfWSEQ Terms of Reference 2020-2023 - 12 -
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Schedule 1: Representatives and Proxies (as of 7 February 2021)
Representative Proxy or Proxies
Core Council
Brisbane City Council Senior Coordinator Community 1. Program Officer- Community
Conservation Partnerships, Conservation Partnerships (currently
NEWS branch (currently Jenny Andrew Wills)
Staples) 2. Wildlife Conservation Partnerships
Officer 1 (currently Amanda Maggs)
3. Wildlife Conservation Partnerships
Officer 2 (currently Cody Hochen)
4. Wildlife Conservation Partnerships
Officer 3 (currently Tony Mlynarik)
5. Wildlife Conservation Partnerships
Officer 4 (currently Fflur Collier)
6. Wildlife Conservation Partnerships
Officer 5 (currently Susan Nolan)
City of Gold Coast Andrew Attewell / Supervising 1. Todd Burrows / Senior Conservation
Conservation Officer Officer
2. Adrian Cain / Senior Conservation
Officer
Ipswich City Council Stephani Macarthur / Team 1. Danielle Andlemac / Conservation
Leader (Environment & Partnerships Officer
Sustainability Education & 2. Ko Oishi / Conservation Partnerships
Awareness) Officer
Lockyer Valley Regional Martin Bennett nil
Council
Logan City Council Senior Environmental Services 1. Senior Environmental Services
Officer - Nick Swanson Officer - Bec Condon
2. Environmental Services Officer -
Peter Copping
3. Environmental Extension Officer -
Liam Gill
4. Environmental Services Officer -
Janine Jungfels
5. Environmental Services Officer –
Josh Hall
6. Environmental Services Officer -
Jennie Bacon
7. Environmental Services Coordinator
- Rachel Booth
8. Natural Environment & Sustainability
Program Leader - Trevor Kanapi
Moreton Bay Regional Glen Millar Adam Richardt
Council
Noosa Council Dave Burrows Peter Milne
Redland City Council Maree Manby / EEU010 Dominic Al-Mudaris/ EEU008
Scenic Rim Regional Josh Baker Catherine Madden
Council
Somerset Regional Darren McPherson / NRM nil
Council Officer
Sunshine Coast Council Kylie Gordon 1. Nick Clancy
2. Alan Wynn
3. Michael Reif
4. Steph Reif
5. De-Anne Attard
LfWSEQ Terms of Reference 2020-2023 - 13 -
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6. Danielle Outram
7. Denise Lindon
Affiliate Council
Fraser Coast Regional Jim Johnston nil
Council
Gympie Regional Council Paul Sprecher nil
Toowoomba Regional
Council
LfWSEQ Regional Coordinator
LfWSEQ Regional Deborah Metters / Regional nil
Coordinator Coordinator
LfWSEQ Terms of Reference 2020-2023 - 14 -
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POLICY GUIDELINE – Private Land Conservation Partnerships
Appendix 2 LfW SEQ Program Guidelines
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Land for Wildlife South East Queensland
Program Guidelines
Draft v5 – Distributed to Steering Committee on 7 April 2021
[v1- 26/8/20, v2- 7/10/20, v3- 19/1/21, v4- 4/3/21]
© Land for Wildlife South East Queensland Steering Committee
April 2021
www.lfwseq.com.au
13 Local Government logos
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Table of Contents
1. BACKGROUND ................................................................................................................................. 3
2. PURPOSE.......................................................................................................................................... 3
3. CONTEXT.......................................................................................................................................... 4
4. TRADEMARKS, COPYRIGHTS AND PRIVACY ..................................................................................... 5
4.1 Trademarks and Copyrights................................................................................................. 5
4.2 Commercial Use of Land for Wildlife Logo .......................................................................... 5
4.3 Confidentiality ..................................................................................................................... 6
4.4 Data Management............................................................................................................... 6
5. LFWSEQ MEMBERS.......................................................................................................................... 7
5.1 Membership Facts ............................................................................................................... 7
5.2 Membership Benefits .......................................................................................................... 7
6. LAND FOR WILDLIFE LIFECYCLE ....................................................................................................... 8
7. PROGRAM RESOURCES.................................................................................................................... 9
7.1 Prior To Assessment ............................................................................................................ 9
7.2 During Assessment .............................................................................................................. 9
7.3 After Assessment............................................................................................................... 10
7.4 Ongoing ............................................................................................................................. 10
8. ELIGIBILITY TYPE ............................................................................................................................ 12
8.1 Property Type .................................................................................................................... 12
8.2 Landholder Type ................................................................................................................ 12
8.3 Group Registrations ........................................................................................................... 12
9. ELIGIBILITY CRITERIA ..................................................................................................................... 14
9.1 Habitat Size ........................................................................................................................ 14
9.2 Habitat Type ...................................................................................................................... 14
9.3 Demonstrated Landholder Willingness ............................................................................. 15
9.4 Other Considerations ........................................................................................................ 15
Retained Habitat............................................................................................................................ 16
Habitat Under Restoration ............................................................................................................ 16
10. STATUS ...................................................................................................................................... 17
10.1 Registered.......................................................................................................................... 17
10.2 Working Toward Registration ........................................................................................... 18
10.3 De-registered ..................................................................................................................... 19
10.4 Change of Status................................................................................................................ 20
11. LFWSEQ LIFECYCLE (PROCESS MAP).......................................................................................... 21
STEP 1 - ENQUIRY .................................................................................................................................. 22
STEP 2 - ASSESSMENT............................................................................................................................ 24
STEP 3 - REGISTRATION ......................................................................................................................... 26
STEP 4 - MEMBERSHIP ........................................................................................................................... 28
STEP 5 – OWNERSHIP CHANGE / DE-REGISTRATION ............................................................................ 30
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1. BACKGROUND
Land for Wildlife (LfW) is a free, voluntary nature conservation program that encourages and
supports landholders to maintain and enhance wildlife habitat on their properties through
cooperation and advisory services. It also assists landholders to integrate nature conservation with
other land management objectives. LfW membership acts as recognition of a landholder’s
commitment to nature conservation.
Land for Wildlife was established in Victoria in 1981 and continues to be governed nationally by the
State of Victoria. The LfW program was established in South East Queensland (SEQ) in 1998 led by a
collaboration of Local Governments. Thirteen Local Governments continue to collaboratively govern
and deliver the Land for Wildlife South East Queensland (LfWSEQ) program. They have created a
professional, positive and respected network that works towards achieving shared nature
conservation goals. Regional frameworks, including an active Steering Committee, Terms of
Reference, Ten Year Plan 2020-2030 and the role of a Regional Coordinator, have been developed to
facilitate cooperation and efficiencies between councils to deliver high quality services to LfWSEQ
members and on-ground nature conservation outcomes.
LfW has developed into the most effective private land conservation program in SEQ. As of February
2021, there are over 5,000 LfW properties across SEQ containing over 70,000 hectares of land that is
being conserved or actively restored. An average of 232 new properties join the program annually
with last year (2020) recording the highest membership intake with 374 new LfWSEQ properties.
LfWSEQ members contribute significant resources into actively managing the natural assets on their
properties. They are highly satisfied with the program’s products and services and value the
partnerships created with their council LfW Officers. Overall, LfWSEQ makes a significant
contribution to the region’s environmental health and biodiversity conservation.
2. PURPOSE
The LfWSEQ Guidelines establish a set of common principles, definitions and processes by which the
13 Local Governments and the Regional Coordinator deliver the program. The LfWSEQ Guidelines:
• Ensure consistency in use of LfW terms.
• Create transparency in decision-making processes within and between councils and with
clients (landholders).
• Build efficiencies in processing new LfW members and maintaining an active and satisfied
membership base.
• Provide the basis by which externally facing guidelines or information (such as the LfWSEQ
website) is presented to the public and potential/existing LfW members.
• Provide a step-by-step operational document for new LfW officers.
• Provide an agreed central point of reference for clarification of LfWSEQ processes.
• Establish agreed minimum standards within and between councils, such as initial
communications with members, revisit schedules and grounds for De-registration.
• Establish agreed minimum standards of data entry into the regional database, which
contribute to agreed regional reporting and program measures of success.
• Establish agreed eligibility criteria for entry of properties into the program.
• Reflect the needs of differently resourced councils.
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3. CONTEXT
The LfWSEQ Guidelines sit within a broader governance framework for the LfWSEQ program
including the following key documents and structures:
• National Arrangement. The Arrangement to Coordinate the Land for Wildlife Scheme, signed
between the State of Victoria and the Host Council on behalf of the LfWSEQ Steering
Committee. This document transfers rights from the State of Victoria to the 13 Local
Governments of South East Queensland to use the LfW trademarked name.
• Ten Year Plan 2020-2030. The Land for Wildlife South East Queensland Strategic
Collaboration of Local Governments Ten Year Plan 2020-2030. This document identifies
strategic direction and regional opportunities.
• Terms of Reference. The LfWSEQ Terms of Reference outlines roles and responsibilities of
the Host Council, the 13 Local Governments, Regional Coordinator and Steering Committee.
This is the program’s key governance document.
• Steering Committee. A committee comprised of representatives from the 13 Local
Governments and the Regional Coordinator that work together to deliver LfWSEQ. The
Steering Committee is LfWSEQ’s governing body and decision-making entity.
• Host Council. As per the Terms of Reference, the Host Council is nominated by the Steering
Committee to hold funds on behalf of other Local Governments and manages external
contracts related to LfWSEQ regional coordination.
• LfW Landholder Agreement. An agreement every LfW members signs to join the program.
The LfWSEQ Guidelines (2021) supersede the Queensland Land for Wildlife Guidelines (2011).
Figure 1 below shows the framework of LfWSEQ governance documents including the LfWSEQ
Guidelines.
Figure 1: The document governance framework for LfWSEQ.
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4. TRADEMARKS, COPYRIGHTS AND PRIVACY
The 13 Local Governments acknowledge that the National Arrangement and the Terms of Reference
outline formal agreements relating to the protection of LfW trademarks, copyrights and the privacy
of LfWSEQ members’ data.
4.1 Trademarks and Copyrights
The name ‘Land for Wildlife’ is a registered trademark item owned by the State of Victoria. The Land
for Wildlife logo (including the image of the animal climbing the letter W) is a copyright protected
image owned by the State of Victoria, managed through the Victorian Department of Environment,
Land, Water and Planning. As signatories to the National Arrangement, the 13 Local Governments
are permitted to use LfW trademarked and copyrighted items in delivery and promotion of the LfW
program in accordance with the specifications of the National Arrangement. The LfW logo must be
used in a way that is complimentary to the LfW program and must reflect the high regard in which
the LfW program is held.
The National Arrangement specifies the permitted use and design details of the LfW logo and LfW
sign including the following National LfW Sign Design Standards:
• The shape is a diamond and provision for mounting the sign as a diamond is in the design.
• The background PMS is PMS 338 (Pantone colour system), or as close as possible.
• The text ‘Land for Wildlife’ is in the font (Plantin), size (point) and position shown below (and
scaled to full size), or as close as possible.
• The colour is black.
• The sign is bordered by a black line.
• Signs may have a feature which identifies the jurisdiction of their origin (usually this will be a
Local Government logo).
• Signs can be uniquely numbered. Most signs in SEQ have been consecutively numbered. Sign
numbering records are held with the Regional Coordinator and in the Shared Regional Folder
(a folder created in MS OneDrive in 2021, managed by the Regional Coordinator, and
populated with active and archived LfWSEQ key program files, shared with the 13 councils).
• Examples of copyrighted protected images:
4.2 Commercial Use of Land for Wildlife Logo
From time to time, a Local Government or the Regional Coordinator receives requests from LfW
members to use the LfW logo for commercial or non-commercial purposes to assist in the promotion
of goods and services related to their LfW property.
The LfWSEQ Steering Committee has agreed that all requests by LfW members or other parties to
use the LfW logo for commercial or non-commercial purposes will be directed to the State of
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Victoria. Local Governments do not hold the trademark rights to the LfW logo and therefore should
not be decision-makers on the use of the logo by third parties.
4.3 Confidentiality
The 13 Local Governments are bound by the Privacy Act (Cth) and the Information Privacy Act (Qld)
regarding the collection, management and use of LfWSEQ members’ personal information. As such,
the 13 Local Governments must not make public any information from which a LfWSEQ member
might be identified, including property data or maps, without prior written consent of the LfWSEQ
member/s.
4.4 Data Management
As parties to the Terms of Reference, the 13 Local Governments agree to enter data relating to
LfWSEQ members and their properties into a secure, online regional database (currently using
Enquire software). The regional database is a key tool for client management and regional reporting.
It records membership contact information, client engagement and property ecological assets and
threats. As per the Terms of Reference, the Host Council holds a contract with an external provider
for delivery of a LfWSEQ regional database. All Local Governments have secure access to data within
their council. The Regional Coordinator has access to data across the Local Governments to enable
compilation and analysis of regional statistics.
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5. LFWSEQ MEMBERS
LfWSEQ members are a diverse group of landholders managing over 5,000 properties across the SEQ
region. The Local Governments of SEQ understand their LfW members and adapt and tailor their
services to fit the needs of their members. LfWSEQ creates an important network of like-minded
landholders with a common interest.
LfW membership rests with the landholder, not the property, and expires upon sale of the property.
A LfW member can choose to leave the program at any time and for any reason. A council may also
De-register a LfW property for reasons outlined in Section 10.3.
Although LfW membership is voluntary, many LfWSEQ properties remain with the program through
successive owners.
5.1 Membership Facts
It is free to join the LfWSEQ program.
LfW membership is voluntary and non-binding. It does not encumber the title of the property, nor
does it bind future owners of the land.
Landholders with properties in the 13 Local Government regions of SEQ are welcome to join the
program if their property meets the Eligibility Criteria (Section 9).
LfWSEQ program membership does not:
• Alter the legal status of a property in any way.
• Convey the right of public access.
• Designate an official wildlife sanctuary.
• Prohibit hunting.
• Grant a Local Government officer access or authority over the property in addition to existing
local laws and regulations.
5.2 Membership Benefits
LfWSEQ members receive many benefits through their membership with the program. Foremost is a
visit to their property by a skilled council LfW Officer during which they are offered personalised,
professional advice on the natural assets, ecological threats and prioritised conservation
recommendations for their properties.
In addition, depending on Local Government resourcing, LfWSEQ may offer members:
• Property maps.
• Practical training and access to emerging technologies in the field.
• Field days, workshops and training on conservation land management.
• Resources such as LfWSEQ technical notes and citizen science tools.
• Incentives such as nest boxes, native plants, ecological restoration tools, fauna monitoring
cameras and field guides.
• Access to grants and other assistance for on-ground conservation work.
• Access to networks of like-minded landholders to exchange knowledge and skills.
• Access to information on Indigenous cultural heritage protection.
• Regular correspondence that is science-based and professional.
• Recognition of membership milestones and achievements.
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• Property revisits by council LfW Officers to assess conservation activities and refine priority
actions.
• Access to higher-level conservation agreements, such as voluntary conservation covenants.
• A LfW sign to Registered LfW properties.
6. LAND FOR WILDLIFE LIFECYCLE
To structure the processes by which Local Governments deliver LfWSEQ, a process map or lifecycle
has been created and sits within these Guidelines. The LfWSEQ Lifecycle is divided into five steps:
• Step 1 – Enquiry. The process by which a landholder initiates interest in the LfW program or a
council identifies a property that may be eligible to join.
• Step 2 – Assessment. The process by which a council determines if a property is eligible to
join the LfW program and, if so, the status of the LfW property.
• Step 3 – Registration. The process of adding a property to the LfW program and documenting
that within council and to the new LfW member.
• Step 4 – Membership. The process of regular correspondence with LfW members to support
the growth of their conservation skills, knowledge and confidence to deliver on-ground
conservation outcomes, and to ensure the property’s ongoing eligibility in the program.
• Step 5 – Ownership Change/De-registration. The process by which a landholder leaves the
LfW program, or a council identifies a property for De-registration.
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7. PROGRAM RESOURCES
Numerous resources have been created to assist Local Governments deliver LfWSEQ and to ensure
LfWSEQ members receive regular, relevant and practical support to undertake nature conservation
works on their properties. Some of these resources are shared across councils to assist consistency of
program delivery, ongoing evaluation and improvements to services. Resources can be broadly
categorised as those that support LfWSEQ members:
• Prior to assessment
• During assessment
• Immediately after assessment
• Ongoing.
7.1 Prior To Assessment
• Website. The LfWSEQ website (www.lfwseq.com.au) provides a suite of resources for
potential/current LfW members and the public. It provides a step-by-step guide on how to
apply for membership and outlines broad eligibility criteria. Several resources such as
newsletters, notes and strategic plans are available here.
• Brochures. Regional and council-specific brochures to promote LfW.
7.2 During Assessment
• Property Assessment Form. This form (in either a hard copy or modified electronic version) is
used by council LfW Officers to record landholder and property information and to show
landholders examples of criteria used to assess the habitat values of their property. It
includes the LfW Agreement, which is signed by the landholder during assessment, if their
property is deemed eligible to join the program.
• Property Maps. Maps are a key resource created by council LfW Officers to engage with
landholders and may convey landscape connectivity, mapped Regional Ecosystems and
geology. Maps can be used to help the landholder prioritise ecological threats and
conservation works across different parts (management zones) of their property.
• Technical Notes. This series of 31 LfWSEQ Notes outlines the key principles of private land
conservation, underpinned by science, and offers practical advice on the management of
ecological assets and reduction of ecological threats. LfWSEQ Notes are offered to
landholders during assessment and are used as prompts by council LfW Officers to discuss
conservation issues and to support the advice provided by council LfW Officers. These
LfWSEQ Notes have been developed by the LfWSEQ program and are relevant to
environmental issues of private properties in SEQ.
• LfW Signs. If a property is deemed Registered by the council LfW Officer, and the landholder
has signed the LfW Agreement, the council LfW Officer offers the landholder a LfW sign. The
landholder may choose to accept or not accept the sign. The LfW sign offers tangible
recognition of the landholder’s commitment and intent to manage their land for
conservation. Most LfWSEQ members choose to display their sign on their front entrance,
publicly promoting the LfW program and their involvement. The LfW sign should not be
affixed to a tree, but instead to a gate or fence. More than one LfW sign can be offered to
large LfW properties with multiple entrances and/or street frontages.
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7.3 After Assessment
Local Governments recognise that during an initial property assessment, new LfW members may
encounter unfamiliar terms and concepts regarding wildlife habitat, nature conservation and
ecological restoration. Council LfW Officers aim to present information to LfW members in
appropriate and meaningful ways and recognise that learning new information, skills and confidence
takes time. As such, it is valuable for Local Governments to follow-up an initial property assessment
with written material, broadly termed a ‘Welcome Pack’, that contains the following:
• Welcome Letter. This letter welcomes the landholder(s) to the LfW program and thanks them
for their contribution to nature conservation. It outlines the products and services that they
will receive by being a LfW member and the ways in which they can engage with their council
LfW Officer and the program.
• Signed LfW Agreement. This is a copy of the LfW Agreement that was signed by the
landholder and the council LfW Officer during assessment.
• Bushland Management Plan / Property Assessment Report. A key resource developed for
LfWSEQ members is a report based on the initial property assessment. This report reinforces
matters discussed verbally in the field during assessment and recognises that information
often needs to be presented in multiple ways for it to be adopted. It provides a written
reference point for landholders to review and absorb the variety of information over time.
The report varies in format and title between councils, but conveys:
- Key natural assets of the property (e.g. ecosystems, threatened species, habitat
trees, geological features).
- Key threats to natural assets (e.g. weeds, feral animals, bushfire and erosion).
- Prioritised land management recommendations to protect assets and reduce threats
across different parts (management zones) of their property.
• Requested/Relevant Resources. Council LfW Officers may provide resources to the new LfW
member such as weed fact sheets, additional property maps or threatened species
information relevant to the property or as requested by the landholder.
• Certificate. Some Local Governments continue the tradition of creating a Certificate of
Registration for new LfW members. Certificates may be signed by the Mayor or council
managers and offer recognition and thanks to LfW members. Certificates are optional.
7.4 Ongoing
To ensure successful nature conservation outcomes and membership satisfaction, ongoing
partnerships between LfWSEQ members and their council LfW Officer(s) is essential. Building trust,
respect and understanding takes time and these following resources/activities help this process.
• General Correspondence. Council LfW Officers provide regular contact and support to
LfWSEQ members through phone, email and in-person exchanges on a range of matters
including native plant identification, weed identification, weed control advice, wildlife
identification and habitat requirements, advice on conservation tools and
feedback/encouragement on conservation work undertaken. These types of informal
exchanges are essential for building trusted partnerships between councils and LfW
members and result in improved nature conservation outcomes. Councils aim to correspond
directly with every LfWSEQ member every 2 years.
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• Revisits. Revisits refer to when a council LfW Officer visits a LfW member on their property
after the initial assessment. Revisits may be for a specific reason (e.g. to drop off tools) or
may be a general visit to touch-base with the landholder. Revisits are especially helpful for
newly joined LfW members who are on a steep conservation learning curve. The level of
experience, skills, confidence and knowledge of the landholder largely dictates the demand
and usefulness of revisits. Revisits can be requested by a LfW member or offered to a LfW
member by council. Revisits help build partnerships, trust and community networks. Councils
aim to revisit every LfWSEQ property every 2-5 years.
Revisits provide a chance for council LfW Officers to confirm the property’s continued
eligibility in the LfW program, to assess the Habitat Size and to inform a Change of Status
(Section 10.4) or a De-registration (Section 10.3).
Revisit schedules are determined at an individual council scale and may consider:
- Length of time the property has been in the LfW program.
- Property size.
- Potential of the LfW property to have a higher-level conservation agreement, such as
a voluntary conservation covenant.
- Landholder knowledge, skills, confidence, life circumstances, and their interest in
having a revisit.
- Revisit requests and recognised needs within the LfW membership.
- Whether the property has received, or is eligible for, council incentives or grants.
- Alignment with council strategies, conservation priorities, policies and plans.
- Conservation values and threats on LfW properties.
- Council resourcing.
• Workshops. Most Local Governments offer workshops for LfW members covering a range of
natural resource management issues. Workshops and field days offer LfWSEQ members the
opportunity to network with other landholders, to meet experts and to see practical
demonstrations of conservation land management in person. Some councils offer informal
catch-ups of LfW members in a geographic area, creating space for LfW members to meet
other nearby LfW members and to share local conservation knowledge and practical tips.
Councils aim to offer at least one workshop to all LfWSEQ members annually.
• Incentives. Most Local Governments offer incentives to LfW members, such as fauna
monitoring cameras, native plants, weed management tools, herbicide, grants, contractor
assistance and fencing. All incentives are determined at a council scale based on available
resources, strategic priorities and membership needs. They are designed to assist
landholders with their conservation goals in alignment with their Bushland Management
Plan/Property Assessment Report.
• Newsletter. The LfWSEQ newsletter shares information relevant to landholders in SEQ and
includes property profiles, conservation science and land management tips. It is a highly
respected resource with strong readership from within and external to the LfWSEQ network.
Produced quarterly, it ensures regular contact with LfWSEQ members.
• Social Media. As of 2021, LfWSEQ uses one social media platform
(www.facebook.com/lfwseq) to share stories with LfWSEQ members and the public.
• Milestone Recognition. When a landholder has been a member of LfWSEQ for 20 years, the
relevant council sends a letter and/or sign/sticker in recognition to the landholder. This
recognises the duration of landholder involvement, not property engagement in the
program.
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8. ELIGIBILITY TYPE
LfW is a private land conservation program designed to assist landholders with the management of
their properties for nature conservation outcomes. To achieve nature conservation on a landscape
scale, many landholders need to be involved. Hence, the eligibility to join LfW is broad to encourage
a diversity of landholders and property types. LfWSEQ aims to balance a broad eligibility with
resilient resourcing to ensure that LfWSEQ members receive high-quality services well into the
future.
8.1 Property Type
Most LfWSEQ properties are private freehold properties owned and managed by individual
landholders. In addition to private freehold land, the LfW program can accept other property types
into the program including leasehold land, land owned/managed by body corporates and land with
exclusive-use native title.
Public (community-owned) lands that are owned and/or managed by government authorities may
also be eligible. Examples of these properties include, but are not limited to, schools, environmental
education centres, cemeteries, parks, defence training facilities, water reservoirs and road reserves.
Properties owned by a council can also be accepted into LfWSEQ if a community group is actively
managing the reserve, and the LfW registration acts as recognition of the community effort, rather
than a self-assessment process for a council. Through the registration of council land with LfW, the
program can provide support and recognition to community bushcare groups/members working on
council land for conservation purposes. The registration of council land with LfW is at the discretion
of the council in alignment with council policies and the Eligibility Criteria (Section 9).
Properties with commercial activities are also eligible to join LfW. Examples of these properties
include, but are not limited to, pastoral properties, dairy farms, agricultural farms, tourist resorts,
vineyards, golf courses and private educational facilities such as tertiary colleges.
8.2 Landholder Type
There are two broad types of LfWSEQ members:
• Individual Landholders - Owners of private land.
• Corporate Landholders - Authorised representatives that are responsible for the property,
such as a school principal, vineyard manager or golf course owner.
8.3 Group Registrations
In the past, the LfWSEQ program accepted applications from collectives of adjoining landholders to
form a LfW Group. These LfW Group Registrations spanned several landholders and several property
parcels. LfW Groups aimed to provide nature conservation advice and support to owners of small
properties that individually did not meet the LfWSEQ program’s Habitat Size Eligibility Criteria.
In 2021, the LfWSEQ Steering Committee agreed to no longer undertake LfW Group Registrations for
the following reasons:
• LfW Groups are usually driven by one key individual and when that individual leaves or sells
their property, the LfW Group struggles.
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• If one or more properties within a LfW Group sell and the new owners do not want to join
the LfW Group, the LfW Group may no longer meet the Habitat Size Eligibility Criteria and all
other group members will have to be De-registered.
• LfW Group Registrations are administratively cumbersome for councils and generally deliver
limited conservation outcomes despite high resourcing requirements.
• Many councils now offer small property conservation programs for such properties.
• Online resources are readily available to assist small property owners in conservation.
• The LfWSEQ program created a Ten Year Plan 2020-2030 to build its resilience over the
coming decade. The unprecedented increase in new LfW members in 2020, combined with
steadfast annual registration rates over the past decade, require councils to efficiently
allocate resources to support the current LfWSEQ membership while sustaining manageable
growth. Adding new LfW Groups is inconsistent with the program’s long-term strategy of
resilience and service excellence.
Local Governments remain committed to supporting existing LfW Groups. However, once key, or all,
members of a LfW Group sell their property or leave the LfWSEQ program for any other reason, the
LfW Group and all associated properties will be De-registered. The legacy of managing LfW Group
Registrations will remain within the LfWSEQ program for many years.
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9. ELIGIBILITY CRITERIA
Every LfW property is visited by a skilled council LfW Officer to assess its eligibility into the LfWSEQ
program. Four criteria are considered:
• Habitat Size
• Habitat Type
• Landholder Willingness
• Other Considerations
9.1 Habitat Size
Regardless of eligible property type, there is a minimum size of wildlife habitat required on a
property to be eligible for membership into LfWSEQ. Each Local Government sets its own criteria
depending on if the property is assessed to be Registered or Working Towards Registration (Section
10).
9.2 Habitat Type
Two types of wildlife habitat are referred to in LfWSEQ: Retained Habitat and Habitat Under
Restoration.
Both habitat types describe ecological habitats that provide resources for wildlife such as foraging,
breeding, sheltering and roosting resources. These habitats must be managed in a way that clearly
supports habitat for wildlife. Both habitat types can be comprised of habitats that are either
contiguous or fragmented, but they must occur on the one LfW property.
Entirely degraded lands or human infrastructure provide little, if any, ecological habitats for wildlife
and are therefore not eligible to join LfW. If a landholder has purchased an entirely degraded
property and wants to restore it ecologically, a council LfW Officer may visit and provide advice, but
the property is ineligible to join LfW. Over time, the property may become eligible to join LfW.
All Registered properties must contain a minimum amount (as determined by individual Local
Governments) of Retained Habitat.
All Working Towards Registration properties must contain a minimum amount (as determined by
individual Local Governments) of either Habitat Under Restoration and/or Retained Habitat.
Retained Habitat is, broadly, habitat in good condition that supports a diversity of wildlife. Generally,
Retained Habitat can be described using Regional Ecosystem definitions, but may also include good
quality human-modified or re-established ecosystems such as grasslands, dams and constructed
landscapes. Further definitions and examples are provided overleaf.
Habitat Under Restoration is, broadly, habitat in poor condition that is undergoing restoration, such
as assisted natural regeneration or revegetation, to improve its ecological condition. Habitat Under
Restoration provides some habitat for wildlife but it is not yet ecologically functional. Further
definitions and examples are provided overleaf.
Areas of Retained Habitat and Habitat Under Restoration are mutually exclusive, that is habitat on a
LfW property cannot be both Retained Habitat and Habitat Under Restoration.
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9.3 Demonstrated Landholder Willingness
Regardless of eligible landholder type, the landholder must be able to demonstrate a willingness to:
• Manage and/or restore the property for nature conservation.
• Expend effort to provide significant wildlife habitat.
• Clearly pursue the maintenance and enhancement of wildlife habitat.
The landholder must also be willing, or has demonstrated their willingness, to integrate nature
conservation with other land management activities such as grazing, horticulture or education on
mixed land-use properties.
9.4 Other Considerations
In addition to the abovementioned criteria, a council LfW Officer may consider a range of factors in
their determination including:
• Local ecosystems and habitat condition
• Historical land use
• Connectivity of the property with other bushland areas
• Broader conservation potential for neighbouring properties and beyond
• Strategic location for program visibility or community education
• Opportunities to positively promote voluntary nature conservation
• Local best-practice land management
• Local rural industries
• Local Government programs, policies and plans
• Local community values and landholder networks.
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Retained Habitat
• Any habitat that, in the opinion of the council LfW Officer, is significant to wildlife conservation.
• Can include remnant or regrowth habitats that can be described using Regional Ecosystem
definitions.
• Can include human-modified or re-established ecosystems such as grasslands, dams and constructed
landscapes that are managed primarily for nature conservation and provide habitat for wildlife but
cannot be categorised as a Regional Ecosystem.
• Contains plant species consistent with the Regional Ecosystem definition.
• Contains vegetation layers such as groundcovers, vines, grasses, trees and shrubs consistent with the
Regional Ecosystem definition.
• If threats such as weeds, pest animals and soil erosion are present, they are manageable.
• Provides habitat resources for a diversity of wildlife.
• In the opinion of the council LfW Officer, the habitat’s ecological condition is good and is either
stable or improving.
Examples:
- Open forest with a mature eucalypt canopy, a diversity of native understorey plants, fallen
timber, fenced off from grazing for several years and describable as a Regional Ecosystem.
- A dam with good water quality and aquatic and/or surrounding vegetation that provides
significant habitat for aquatic and terrestrial wildlife including waterbirds.
- A regenerating rainforest that has formed a canopy and has developed good leaf litter
layers and attracts rainforest wildlife.
Habitat Under Restoration
• Any habitat that, in the opinion of the council LfW Officer, does not meet the definition of
Retained Habitat, and is undergoing restoration including assisted natural regeneration,
revegetation or fencing to exclude stock.
• Can include regrowth or re-established habitat.
• May or may not be describable using Regional Ecosystem definitions.
• Contains significant threats such as weeds, pest animals, erosion, development or fragmentation.
• Provides habitat resources for some wildlife.
• In the opinion of the council LfW Officer, the habitat’s ecological condition is either poor, declining
or slowly improving and requires active management to bring it back to a stable or healthy state.
Examples:
- Bare/degraded land where the landholder has commenced restoration to transition the area to
native vegetation.
- A native tree plantation comprised of non-invasive native species that is not going to be
harvested but lacks an understorey and provision of diverse wildlife habitat, and the landholder
is committed to improving the ecological condition of this area.
- Native vegetation community that is not yet ecologically functional (lacks a native
understorey and/or key species representative of the Regional Ecosystem), and the
landholder is committed to improving the ecological condition of this area.
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10. STATUS
There are three different status types for all properties in the LfWSEQ program:
• Registered
• Working Towards Registration
• De-registered
A LfW property has only one status at any point in time. A LfW property’s status may change over
time, see Section 10.4 – Change of Status.
Registered and Working Towards Registration properties receive full access to LfW services and
products, with two exceptions: only Registered properties are offered a LfW sign and/or a LfW
Certificate.
10.1 Registered
• Must have a minimum of 1 hectare of Retained Habitat
(City of Gold Coast, Fraser Coast Regional Council, Gympie Regional Council, Ipswich City
Council, Lockyer Valley Regional Council, Moreton Bay Regional Council, Noosa Council,
Redland City Council, Scenic Rim Regional Council, Somerset Regional Council and Sunshine
Coast Council).
• Must have a minimum property size of 1 hectare plus minimum of 0.5 hectares of Retained
Habitat (Logan City Council).
• Must have a minimum of 0.5 hectares of Retained Habitat (Brisbane City Council).
Examples of Registered properties include:
- Rural or peri-urban properties with patches of bushland that are in good ecological
condition (the ecosystem is functioning/stable and is a representation of the Regional
Ecosystem).
- A property with human-modified ecosystems, such as grasslands, constructed
landscapes and dams that are managed primarily for nature conservation and provide
significant habitat for wildlife but cannot be categorised as a Regional Ecosystem.
- A strategically located property that provides modest natural habitat but offers
significant community conservation benefits and has strong landholder commitment to
nature conservation.
- A native tree plantation (with species consistent with the Regional Ecosystem) that is
not going to be harvested and shows ecosystem functions such as an understorey and
provision of diverse wildlife habitat.
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10.2 Working Toward Registration
• Must have a minimum of 1 hectare of Habitat Under Restoration &/or Retained Habitat
(City of Gold Coast, Fraser Coast Regional Council, Gympie Regional Council, Ipswich City
Council, Lockyer Valley Regional Council, Moreton Bay Regional Council, Noosa Council,
Redland City Council, Scenic Rim Regional Council, Somerset Regional Council and Sunshine
Coast Council).
• Must have a minimum property size of 1 hectare plus minimum of 0.5 hectares of Habitat
Under Restoration &/or Retained Habitat (Logan City Council).
• Must have a minimum of 0.5 hectares of Habitat Under Restoration &/or Retained Habitat
(Brisbane City Council).
• All properties assessed to be Working Towards Registration must have the capacity to
become Registered over time. It is the role of the council LfW Officer to advise the
landholder on manageable, practical steps (a ‘roadmap’) that they can take to improve the
ecological conditions of the property over time to warrant the status of Registered.
• Examples of properties that meet the minimum size requirements but would not be eligible
for Working Towards Registration include:
- A rural property or former grazing paddock with scattered paddock trees whereby the
landholder is committed to a regular mowing regime preventing native understorey
recruitment.
- A property with extensive ornamental plants around the house, which are encroaching
into bushland areas, and the landholder is unwilling to control these garden plants.
Examples of Working Towards Registration properties include:
- A former grazing property with degraded paddocks and/or neglected pasture whereby
the landholder has demonstrated a change of land use from grazing to conservation,
and the land is undergoing a transition to native vegetation.
- A property with native vegetation but the ecosystem is not yet functional (lacks a native
understorey and/or key species representative of the original Regional Ecosystem), and
the landholder is committed to improving the ecological condition of this area.
- A property with a native tree plantation, which is not going to be harvested but lacks an
understorey and provision of diverse wildlife habitat, whereby the landholder intents to
restore the area back to the original Regional Ecosystem as much as possible.
- A newly purchased property where the owners are interested and keen in conservation,
and there is Retained Habitat that meets the minimum size requirements, but the
owners have not yet demonstrated a willingness to, or have not had time to
demonstrate, conservation land management.
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10.3 De-registered
De-registration is the process by which a LfWSEQ property is removed from the program. The owners
of a De-registered property cease receiving LfWSEQ services and may be removed from LfWSEQ
communications, such as receiving newsletters, workshop invitations and grant opportunities. De-
registered properties and their associated hectares of Retained Habitat and Habitat Under
Restoration are no longer counted in active program statistics or reporting.
LfWSEQ membership sits with the property owner, not the property, so LfWSEQ membership
depends on the current owner having a signed LfW Agreement with their Local Government.
Reasons for De-registration include:
• Changes to property ownership such as property sale or transfer of ownership.
• The owner asks to leave the program.
• Death of the landholder.
• Changes to the size of the property, such as a sub-division, which means that the property no
longer meets the Eligibility Criteria of Habitat Size.
• Changes to the condition of the habitat on the property, such as vegetation clearance, which
means that the property no longer meets the Eligibility Criteria of Habitat Type.
• The relevant Local Government may choose to De-register a property if:
- The owner fails to uphold the LfW Agreement.
- The owner is uncontactable after multiple attempts over an extended period of time
as reasonably determined by the relevant Local Government.
- The owner undertakes land management activities contrary to the principles of the
LfWSEQ program, such as illegal native vegetation clearing or arson.
- Activities on the property may bring the LfWSEQ program into disrepute such as piles
of rubbish or excessive invasive weeds.
- It is deemed unsafe for council LfW Officers to visit the property.
- It is deemed necessary by the Local Government in accordance with Local
Government policies, plans, strategies or legislation.
Many LfWSEQ properties have undergone one or several change of ownerships, with some or all
successive owners joining LfWSEQ. Even if a property has been in the LfWSEQ in the past, each new
owner is treated as a new enquiry and initial assessment. The LfW Agreement needs to be signed
with the current owner to continue LfW membership.
Local Governments recognise that LfW membership is voluntary and LfW members may cease being
active LfW members for numerous reasons. Councils may choose to suspend correspondence or
incentives to LfW members for a period of time if a LfW member needs to step back from their
involvement in the LfW program for whatever reason.
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10.4 Change of Status
A LfW property’s status may change over time. For example, a property might move from Working
Towards Registration to Registered if the habitat on the property improves in condition or increases
in size over time.
Although uncommon, a LfW property may change status from Registered to Working Towards
Registration such as if a property is sub-divided, developed or undergoes a major land use change
whereby the habitat on the property diminishes in condition or decreases in size.
A property may change status from either Registered or Working Towards Registration to De-
registered based on the reasons articulated in Section 10.3.
A property may change status from De-registered to either Registered or Working Towards
Registration if the owner decides to re-engage with the LfW program or a new owner purchases the
property and wishes to join LfW. Such a property would be considered an initial assessment and the
LfW Lifecycle of the property would start at Step 1.
It is the goal that all new Working Towards Registration properties, over time, can and will become
Registered. Councils can assist this transition through:
• Articulating practical and manageable conservation tasks (a ‘roadmap’) that the landholder
can undertake over time. This advice will be provided at the council LfW Officer’s discretion
and may take into account the property’s ecological condition, the landholder’s ability, skills,
resources, and a reasonable timeframe for ecological change.
• Offering regular property revisits depending on the landholder’s circumstances.
• Offering incentives or grants to support on-ground conservation works.
At the discretion of the council LfW Officer, a Working Towards Registration property will move to
Registered status if it meets the Eligibility Criteria for Registered. This status change can only occur
in response to a property Revisit (Section 7.4).
Local Governments recognise that there are Working Towards Registration properties within the
LfWSEQ program that joined the program years ago and will never meet the Eligibility Criteria for a
Registered property. These legacy Working Towards Registration properties will be De-registered
from the LfWSEQ program when a change of ownership occurs.
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11. LFWSEQ LIFECYCLE (PROCESS MAP)
Assessment Registration Membership Ownership Change/
Enquiry
De-registration
•Initial Enquiry •Assess •Enquire Input •General •Indicators
• Desktop Check •Signed LfW Correspondence •Change of
•Determine
• Pre-Assessment Agreement •Revisits Ownership
•LfW Agreement
• Create Property Signed •Welcome •Change of Status •De-registration
Maps Letter/ Email •Workshops & •Enquire Input
•Resources
Provided •Property Form/ Training
Report/Plan •Incentives
•LfW Sign
Provided •Follow Up •Recognition
Resources •Newsletter &
Social Media
•Enquire Input
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STEP 1 - ENQUIRY
• Initial Enquiry
Enquiry • Desktop Check
• Pre-Assessment
• Create Property Maps
Initial Enquiry
• Whether proactive (e.g. council identifies property as priority through planning scheme) or
reactive (e.g. landholder calls/emails council about LfWSEQ program), enquiry is initiated
and discussed between council LfW Officer and landholder.
• Option to record number of enquiries and how landholder found out about program into
council system (if applicable).
Desktop Check
• Use Enquire database to check for previous assessment of property.
• Use GIS/mapping, council planning scheme, etc., to get base understanding of property type
and size (Eligibility Criteria), conservation values, connectivity.
• Determine if assessment should proceed (i.e. not previously assessed) and looks to likely to
meet Eligibility Criteria.
Pre-Assessment
• Arrange time and date with landholder for assessment and complete WH&S checklist with
them prior to assessment (e.g. site access, phone coverage, covid-19, dogs).
• Suggest landholder familiarise with information on LfWSEQ website if haven’t already (e.g.
LfWSEQ program intent, Eligibility Criteria, past newsletters, other resources).
• Council LfW Officer can refer to relevant sections of this Guideline and other related
resources (at regional or council level) to assist with assessment preparation.
• Organise materials/resources (Property Assessment Form, LfWSEQ newsletters and Notes,
LfW sign, council booklets, etc) to take to assessment.
Create Property Maps
• Develop and print property maps to give to the landholder during assessment.
• Property maps can be created to show various features such as landscape connectivity,
Regional Ecosystems, pre-clearing vegetation, geological features, contours or erosion risk.
• A landscape scale map shows the ecological context of the property and nearby ecosystems.
• A detailed fine-scale property map can be used by the council LfW Officer to mark out
property features and different management zones.
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STEP 1 – ENQUIRY
TIER 1 – MUST DO
Action ✓ Discuss enquiry with landholder.
✓ Schedule property assessment date and time.
✓ Complete WH&S checklist.
✓ Organise materials/resources (Property Assessment Form,
newsletters, LfWSEQ Notes, LfW sign) to take to assessment.
✓ Generate property map.
Output/Resource for ➢ Property map
Landholder
Enquire - Check Enquire for prior LfW registration of the property
TIER 2 – Optional
Action ✓ Direct landholder to LfWSEQ website for background program
information/understanding pre-assessment.
✓ If enquiry does not result in scheduling a property assessment (i.e.
the property is deemed ineligible or the landholder is not
interested based on initial discussions, record enquiry in council
system. This captures data on enquiries only.
Output/Resource for ➢ Multiple property maps, such as landscape context, Regional
Landholder Ecosystems and fine-scale property map for marking out
management zones.
Enquire - N/A
Regional Resource to • LfWSEQ Website
Support Step 1 – • Enquire Regional Database
Enquiry
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STEP 2 - ASSESSMENT
• Assess
Assessment • Determine
• LfW Agreement Signed
• Resources Provided
• LfW Sign Provided (if applicable)
Assess
• Undertake site WH&S risk assessment/hazard analysis (e.g. conditions on day, ease of
access around property, landholder mobility, etc) and tailor visit accordingly.
• Use property map (previously developed and printed) to guide site visit and landholder
discussions regarding ecological values, ecosystems, management zones, etc.
• During site visit assess property against Eligibility Criteria.
• Record notes during site visit on Property Assessment Form.
Determine
• Determine if Eligibility Criteria have been met.
• If Eligibility Criteria have been met, determine:
- Status – Registered or Working Towards Registration
- Habitat Size and Type - Retained Habitat or Habitat Under Restoration
• Capture above determinations while on site.
LfW Agreement Signed
• If Eligibility Criteria met, inform the landholder that their property is either Registered or
Working Towards Registration.
• Together, sign and date the LfW Agreement.
• If Eligibility Criteria have not been met, inform that the landholder that their property is not
eligible to join LfW. If applicable, offer practical suggestions on what the landholder may
need to do to make their property eligible.
Resources Provided
• Provide landholder with property maps and any notes from the site visit.
• Provide landholder with other relevant LfWSEQ resources at hand (e.g. LfWSEQ Notes, most
recent newsletter, other relevant resources/fact sheets, e.g. weeds, threatened species,
Regional Ecosystems).
LfW Sign Provided (if applicable)
• If LfW Agreement signed for a Registered property, offer the landholder LfW sign(s) and
guidance as to where/how to install. Landholder can choose not to receive or display sign.
• Multiple LfW signs can be given to properties with multiple entrances.
• Working Towards Registration properties do not receive LfW signs.
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STEP 2 – ASSESSMENT
TIER 1 – MUST DO
Action ✓ Undertake site WH&S risk assessment/hazard analysis before
commencing property assessment, including determining
landholder’s capacity to accompany the council LfW Officer(s) on
assessment.
✓ Use property map(s) to guide visit.
✓ Assess against Eligibility Criteria and, if eligible, determine Status
(Registered or Working Towards Registration)
✓ Assess Habitat Type (Retained Habitat or Habitat Under
Restoration) and determine habitat size during visit.
✓ If eligible, execute LfW Agreement with landholder.
✓ If LfW Status of property is determined as Registered, offer
landholder LfW sign(s).
✓ Provide landholder with LfWSEQ resources/materials.
Output/Resource for ➢ If Registered, LfW sign(s) with verbal advice on how to install
Landholder ➢ LfWSEQ Notes
➢ Property map(s)
Enquire - N/A
TIER 2 – Optional
Action ✓ Fill in LfW Property Assessment Form.
Output/Resource for ➢ Recent LfWSEQ newsletters
Landholder ➢ Relevant council resources/fact sheets (weeds, threatened
species, Regional Ecosystems etc.)
Enquire - N/A
Regional Resource to • LfW Property Assessment Form
Support Step 2 – • LfW Agreement
Assessment • LfW Sign
• LfWSEQ Notes
• LfWSEQ newsletter (print and online)
• Enquire Regional Database
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STEP 3 - REGISTRATION
• Enquire Input
Registration • Signed LfW Agreement
• Welcome Letter/Email
• Property Form/Report/Plan
• Follow Up Resources
Enquire Input
• If a property has been determined as Registered or Working Towards Registration, the
following data (as a minimum) must be entered into Enquire:
- property details: lot/plan; property size; habitat hectares (Retained Habitat or
Habitat Under Restoration); LfW status (Registered or Working Towards
Registration); date of assessment, name of council LfW Officer, and
- landholder details: name; phone; email; property and postal address. Create CRM in
Enquire using ‘green shirt’ type (Individual) for Individual members or ‘black shirt’
type (Sole Trader/Contractor) for Corporate members.
Welcome Pack
Council LfW Officer to provide a Welcome Pack to the new LfW member that contains:
• Welcome Letter/Email. Use a council template to write a welcome letter/email.
• Signed LfW Agreement. Scanned/photocopied copy of the signed LfW Agreement.
• Property Form/Report/Plan. Choose one of the following:
- Scan/photocopy completed Property Assessment Form.
- Use Enquire to generate Property Assessment Report.
- Use a council template to generate a report for the landholder reaffirming points
discussed during the property assessment such as the property’s natural assets,
threats and management recommendations. Such reports vary in title between
councils and may be called either Property Reports, Property Assessment Reports,
Bushland Management Plans or Property Management Plans.
• Follow Up Resources (optional). Additional resources discussed during the property
assessment or as requested by the landholder such as:
- Species lists.
- Fact sheets on weeds, threatened species or Regional Ecosystems.
- New map(s) created by council that show areas of Retained Habitat &/or Habitat
Under Restoration and any management zones determined during assessment.
• Certificate of Registration (optional).
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STEP 3 – REGISTRATION
TIER 1 – MUST DO
Action ✓ Copy/scan signed LfW Agreement.
✓ Write welcome letter/email.
✓ Provide one of the following:
- copy/scan of LfW Property Assessment Form, or
- generate an Enquire Property Assessment Report, or
- council property report/plan.
✓ Send &/or email landholder all of the above as a ‘Welcome Pack’.
Output/Resource for ➢ Welcome Pack, including:
Landholder - signed LfW Agreement
- welcome letter/email, and
- either a copy of the Property Assessment Form, Enquire
Property Assessment Report or a council report/plan.
Enquire - Record at least minimum data (detailed previous page)
- If emailing landholder Welcome Pack, use “FileIt” (put
[email protected] in the BCC field) to send files to Enquire
TIER 2 – Optional
Action ✓ Generate Certificate (Registered properties only) and add to
Welcome Pack.
✓ Obtain follow up resources and add to Welcome Pack, e.g. weed
fact sheets, additional maps requested, native plant fact sheets,
Regional Ecosystem fact sheets, threatened species information,
species list (native plants, wildlife, weeds) for property.
✓ Generate other property maps showing areas of Retained Habitat
or Habitat Under Restoration and management zones.
Output/Resource for ➢ Certificate of Registration
Landholder ➢ Any follow up landholder resources
Enquire - Upload scanned copy of LfW Agreement to Enquire.
- Generate Property Assessment Report (if required).
- Record all relevant landholder and property data including habitat
comments (values, threats and recommendations), species,
incentives, other agreements.
Regional Resource to • Enquire Regional Database
Support Step 3 – • Enquire Property Assessment Report
Registration • Enquire User Manual
• Shared Regional Folder:
o Welcome letters
o Council property reports/plan
o Certificate of Registration
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STEP 4 - MEMBERSHIP
• General Correspondence
Membership • Revisits
• Change of Status
• Workshops & Training
• Incentives
• Recognition
• Newsletters & Social Media
General Correspondence
• Correspond with every LfWSEQ member quarterly through the distribution of either a
printed or electronic copy of the LfWSEQ newsletter.
• Aim to correspond directly with every LfWSEQ member every 2 years. This may be in the
form of a property revisit, workshop attendance, receipt of an incentive, event, phone call or
attempted phone call. Correspondence schedules to be determined at a council scale based
on allocated resources, strategic priorities and membership demands.
• Option to use Enquire functionality “Filelt” (put [email protected] in the BCC field) to
record phone and email correspondence.
Revisits
• Aim to revisit every LfWSEQ property every 2-5 years.
• Revisit schedules to be determined at a council scale as per Section 7.4.
• Record all revisits in Enquire.
• Revisits provide chance to confirm continued eligibility, habitat hectares and can inform a
Change of Status (below) or De-registration (see Step 5).
Change of Status
• A Revisit allows a council LfW Officer to assess the property against the Eligibility Criteria to
determine correct status. A Change of Status may be required (Section 10.4).
Workshops & Training
• Aim to offer at least one workshop to all LfW members annually.
• Discuss workshops, training and providers at Steering Committee meetings.
• Option to record workshop attendance in Enquire.
Incentives
• Depending on council resources, landholder incentives may include grants and/or contractor
assistance, books, herbicide, weed management tools, nest boxes and native plants.
Newsletter & Social Media
• Aim that each council contributes one story per year to the quarterly newsletter.
• Aim that each council contributes one piece of content for social media per year.
Recognition
• Upon a landholder (not property) reaching 20 years as a member of LfWSEQ, the relevant
council sends a letter and/or sign/sticker in recognition to the landholder.
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STEP 4 – MEMBERSHIP
TIER 1 – MUST DO
Action ✓ Send landholder quarterly LfWSEQ newsletter (hardcopy or
electronic)
✓ Aim to correspond directly with every LfWSEQ member every 2
years.
✓ Aim to revisit every LfWSEQ property every 2-5 years.
✓ Send landholder recognition of 20-year membership milestone.
Output/Resource for ➢ LfWSEQ newsletter
Landholder ➢ 20-year recognition letter and sign
Enquire - Record all revisits
TIER 2 – Optional
Action ✓ Undertake additional revisits, workshops, training
✓ Offer incentives
✓ Generate recognition letter/email and/or certificate at 10-year
membership milestone
✓ Obtain permission to do landholder story at membership
milestone, gather information, photos, etc
Output/Resource for ➢ Additional incentives
Landholder ➢ Recognition letter/email and/or certificate at 10-year milestone
➢ Their story in the LfWSEQ newsletter or on social media
Enquire - Record additional revisits, workshops, training
- Record additional incentives provided
- Scan and upload copy of recognition certificate
Regional Resource to • LfWSEQ newsletter (print and online)
Support Step 4 – • LfWSEQ social media
Membership • 20-year recognition sign/sticker
• Enquire Regional Database
• Shared Regional Folder:
o Recognition letter of 20-year membership milestone
29
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Page 87
STEP 5 – OWNERSHIP CHANGE / DE-REGISTRATION
Ownership Change/ • Indicators
• Change of Ownership
De-registration • De-registration
• Enquire Input
Indicators of Change of Ownership or De-registration of Property
• Information gained from general correspondence with members.
• Information gained during a property Revisit.
• Internal council flag (e.g. mapping or rates notice) that a LfW property has sold.
• Quarterly newsletter or other correspondence returned to sender.
• Community report or complaint about activities on LfW properties.
Change of Ownership
• If council wants the property to remain in LfWSEQ program, contact new landholder and
invite them to join LfWSEQ.
• If council decides that the property does not meet current Eligibility Criteria the following
De-registration steps would be enacted.
De-registration
• Council may decide to De-register a LfW property due to the following circumstances:
o Property is sold or ownership is transferred.
o Landholder asks to leave the program.
o Death of the landholder.
o Property size changes and no longer meets the Eligibility Criteria.
o Habitat condition changes and no longer meets the Eligibility Criteria.
o Landholder fails to uphold LfW Agreement.
o Landholder is uncontactable after multiple attempts over an extended
timeframe as reasonably determined by the relevant council.
o Landholder undertakes land management contrary to LfWSEQ principles, as per
the LfWSEQ Technical Notes (section 7.2).
o Activities on the property may bring the LfWSEQ program into disrepute.
o It is deemed unsafe for council officers to visit the property.
• Letter notifying/formalising De-registration sent to the landholder.
• Collect LfW sign (depending on access may need landholder permission). Council may need
to involve a Local Government Compliance Officer to retrieve the LfW sign.
Enquire Input
• Record any change of ownership or De-registration (including reason for De-registration) in
Enquire.
30
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Page 88
STEP 5 – OWNERSHIP CHANGE / DE-REGISTRATION
TIER 1 – MUST DO
Action ✓ If change of ownership and council wants the property to
remain in LfWSEQ, invite new landholder to join and
recommence at Step 1 of LfWSEQ Lifecycle.
✓ Depending on the reason for De-registration, council may chose
to issue a letter/email to the landholder notifying them of the
De-registration.
✓ If property is to no longer remain with the LfWSEQ program,
organise collection/return of LfW sign.
Output/Resource for ➢ Invitation letter/email (if applicable)
Landholder ➢ De-registration letter/email (if applicable)
Enquire - Record all change of ownership and De-registrations.
- Record reason for De-registration in the Comments field.
TIER 2 – Optional
Action ✓ N/A
Output/Resource for ➢ N/A
Landholder
Enquire - N/A
Regional Resource to • Shared Regional Folder:
Support Step 5 – o Invitation letter to new landholder
Ownership Change/ o De-registration letter to landholder
De-registration • Enquire Regional Database
31
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Page 89
ACTIONS FOR REGIONAL COORDINATOR AFTER GUIDELINES APPROVED
Update eligibility criteria on website.
Draw links to Reporting Framework – e.g. number of trees provided as an incentive.
Support councils to deliver 20 year recognition letters/signs.
Alignment of Guidelines with Property Assessment Form.
32
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Page 90
POLICY GUIDELINE – Private Land Conservation Partnerships
Appendix 3 Noosa Shire Core Protected Areas and Biodiversity Corridors
Page 9
Page 90 of 201
Page 91
G
GYYM
MPP II E
E R
REEG
G II O
ONNA
A LL
Coral Sea
S
SUUN
NSSH
H II N
NEE C
COOA
ASS TT R
REEG
G II O
ONNA
A LL
Protected Areas in Noosa Shire
Protected Area - Nature Conservation Act 1992
Protected Area - Forestry Act 1959
Other State Land
Other Nature Refuge
Council managed and owned Bushland Reserve
Voluntary Conservation Agreement (VCA)
0 2.5
Projection: Transverse Mercator
5
Km
Coordinate System: GDA 1994 MGA Zone 56
±
1:126 000
15/03/2023
Size: A4 CorpofServ
Page 91 201 GIS
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POLICY GUIDELINE – Private Land Conservation Partnerships
Appendix 4 –Binding Covenant Example document
Page 10
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Page 93
QUEENSLAND TITLES REGISTRY COVENANT FORM 31 Version 3
Land Title Act 1994 and Land Act 1994 Page 1 of 5
Dealing Number Lodger (Name, address, E-mail & phone number) Lodger
Code
OFFICE USE ONLY
Privacy Statement
Collection of information from this form is authorised by legislation and is
used to maintain publicly searchable records. For more information see
the Department’s website.
1. Covenantor
2. Description of Covenant / Lot on Plan County Parish Title Reference
3. Covenantee
Noosa Shire Council
4. Description of Covenant (include reference to relevant section of legislation)
Pursuant to Section 97A(3)(b)(i) of the Land Title Act 1994
5. Execution
The Covenantor being the registered owner of the lot described in item 2 covenants with the Covenantee in respect of the covenant
described in item 4 and the attached schedule.
Witnessing officer must be aware of his/her obligations under section 162 of the Land Title Act 1994
.............................................................................. signature
.............................................................................. full name
.............................................................................. qualification / / .....................................................................
Witnessing Officer Execution Date Covenantor's Signature
(Witnessing officer must be in accordance with Schedule 1
of Land Title Act 1994 eg Legal Practitioner, JP, C Dec)
.............................................................................. signature
.............................................................................. full name
.............................................................................. qualification / / .....................................................................
Witnessing Officer Execution Date Covenantee's Signature
(Witnessing officer must be in accordance with Schedule 1
of Land Title Act 1994 eg Legal Practitioner, JP, C Dec)
Page 93 of 201
Page 94
QUEENSLAND LAND REGISTRY SCHEDULE Form 20 Version 2
Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 2 of 5
Title Reference [ ]
THIS COVENANT IS TO BE USED ONLY IN CONJUNCTION WITH A CONSERVATION AGREEMENT
1. Definitions
‘The Act’ means the Biosecurity Act 2014.
‘Authority’ means all authorities or instrumentalities (other than the Council) which have jurisdiction over the
Conservation Works.
‘Conservation Area’ means the area or areas described in Item 2 of the Form 31 and includes any estate or
interest in on or over such land, the airspace above the surface of the land and the subsoil of the land.
‘Conservation Agreement’ means any agreement in respect of the conservation of the Land or any part thereof
between the Council and the registered proprietor of the Land, as amended from time to time in writing.
‘Conservation Works’ means the activities, if any, that the Covenantor is required to undertake under this
document, the Conservation Agreement or the EMP.
‘the Council’ means the Covenantee specified in Item 3 of the Form 31.
‘Delegated Officer’ means any officer delegated by the Council or its Chief Executive Officer with authority to
make decisions and give direction on behalf of the Council in relation to this covenant, the EMP or the Conservation
Agreement.
‘Development’ has the meaning given in the Sustainable Planning Act 2009.
‘Locally native vegetation’ means vegetation that occurs naturally on the Land or in close proximity to the Land
or in the Councils opinion would have once occurred in the local area of the Land.
‘the Land’ means that land described as Lot << on SP<<, County of March, Parish of <<, known as <<,
Queensland in which the Conservation Area is located.
‘EMP’ means the environmental management plan (if any) agreed between the Covenantor and the Council, in
relation to the Covenant Area, as amended from time to time.
‘Notice’ means any certificate, demand or notice to be made, given or served by a party under this document.
‘Biosecurity Plan’ means a strategy for the management of environmental pests published by the
Council in accordance with the Act;
‘Planning Scheme’ means the Council’s planning scheme as it applies to the Land from time to time;
‘Vegetation’ means any tree, bush, fungi, algae or other terrestrial or aquatic thing including or natural parts or
materials naturally produced of by or from such vegetation, whether living or dead.
‘Vegetation Protection Local Law’ means any local laws made by the Council which provide for the protection
of native vegetation.
2. Purpose
The purpose of this covenant is to ensure that the Conservation Area is used to preserve the native animals and
plants thereon in accordance with Section 97A(3)(b)(i) of the Land Title Act 1994.
3. Covenantor’s Obligations
3.1. The Covenantor must, unless otherwise agreed in writing by the Council, undertake the Conservation W orks and
observe and comply with the following conditions:
(a) comply with the Conservation Agreement and EMP;
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QUEENSLAND LAND REGISTRY SCHEDULE Form 20 Version 2
Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 3 of 5
Title Reference [ ]
(b) in addition to the Covenantor’s obligations to manage schedule 1 and 2 listed species declared under the
Act, the Covenantor must also, unless specified otherwise in the EMP, make reasonable endeavours to
keep the Conservation Area free of any non-scheduled invasive species listed in the Biosecurity Plan;
(c) not object to the Council declaring all or any part of the Conservation Area to be a protected area under a
Vegetation Protection Local Law or Planning Scheme;
(d) not by action or omission cause or allow any locally native vegetation in the Conservation Area to be
trimmed, pruned, lopped, cut down, moved, removed, harvested, damaged or destroyed other than as
specified in the EMP or in writing by a delegated officer;
(e) (unless required by law) not allow any fossicking, prospecting, exploration or mining, extraction or
production of gas, petroleum, minerals, soil, timber or other substances to take place on the Covenant Area
without the written consent of the Council. The Covenantor shall notify the Council of any proposal to
conduct any such activity and shall not approve such proposal or allow any party to enter upon the
Conservation Area for the purpose of such proposal, without prior written permission of the Council;
(f) not carry out Development in the Conservation Area other than as specified or approved in writing by a
delegated officer;
(g) ensure that no fill, soil, rock, rubbish, ashes, garbage, waste or other material foreign to the Conservation
Area is deposited in the Conservation Area unless specified in the EMP;
(h) not introduce any fauna, domestic animals or vegetation into the Conservation Area which are not
indigenous to Australia, unless specified in the EMP;
(i) not allow vehicles in the Conservation Area except vehicles used for the purpose of undertaking
Conservation W orks in a manner agreed to in writing by a delegated officer or vehicles used for emergency
services;
(j) not carry out any act on or in respect of the Conservation Area which in the Council’s reasonable opinion
may have a detrimental impact on the Conservation Area.
3.2. Notwithstanding the conditions set out in Clause 3.1, if any living or dead vegetation on the Conservation Area
poses a risk to human safety, such vegetation may be cut down or trimmed so as to remove the risk with the prior
written consent of a delegated officer stating that the works specified in the notice are to be undertaken.
4. Performance of Conservation Works
4.1. The Covenantor shall:
(a) apply for and obtain any necessary approvals for the undertaking of the Conservation W orks from any other
Authority;
(b) not commence Conservation W orks until it has obtained all appropriate approvals.
4.2. The Conservation Works shall be undertaken in accordance with the requirements and to the satisfaction of the
Council and any Authority.
4.3. In the event of non-compliance by the Covenantor with the Covenantor’s obligations, the Council may, in its
absolute discretion:
(a) issue a written direction requiring the Covenantor to remedy the non-compliance; and/or
(b) carry out any planting, replanting, rehabilitation or remedial work to restore any vegetation harmed or
damaged caused by the non-compliance to a state as near as is practical to the state prior to such damage
or harm.
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Page 96
QUEENSLAND LAND REGISTRY SCHEDULE Form 20 Version 2
Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 1 of 5
Title Reference [ ]
4.4. Where the Council issues a written direction pursuant to Clause 4.3, the Covenantor shall comply with
the directions within 14 days or such other time period as may be specified in the direction.
4.5. In the event that the Covenantor fails to comply with a written direction within the time allowed in accordance
with Clause 4.4, the Council or its agents may enter the Land, perform the work required to rectify the non-
compliance and recover from the Covenantor the costs of performing that work as a debt.
5. Access and Inspection
The Council and its officers and contractors shall be entitled to enter upon the Land at all reasonable times on
reasonable notice to inspect the Conservation W orks provided that in entering upon the Land it causes as little
disturbance to the Conservation Area and the Covenantor as is possible in the circumstances. No such notice
need be given by the Council in the event of an emergency such as an imminent risk of substantial damage to
the Conservation Works or vegetation in the Covenant Area.
6. Notice of Intended Change in Ownership
Where the Covenantor intends to transfer title to the Land to another person, the Covenantor must notify the
Council in writing of the intended transfer and the name and address of the proposed new owner of the Land
at least 14 days prior to the change of ownership or control.
7. Settlement of Disputes
7.1 This clause shall apply to any dispute between the parties to this Covenant.
7.2 Any dispute as to the performance of this Covenant or arising out of this Covenant that has not been resolved
by agreement between the parties must be clearly identified in a Dispute Notice served by one party on the other
party.
7.3 Within five (5) days of the date of the Dispute Notice, the parties must meet to discuss the dispute and its
possible determination.
7.4 The parties may, within seven (7) days of meeting in accordance with clause 7.3, agree to refer the dispute to
mediation.
7.5 If the parties agree to mediate in accordance with clause 7.4, then the parties may either:
(a) appoint a mediator agreed by the parties; or
(b) where the parties fail to agree to the appointment of a mediator within the period referred to in clause 7.4,
either party may request for the President for the time being of the Queensland Law Society Incorporated
to nominate a mediator which the parties must then appoint as the mediator.
7.6 The costs of any mediator appointed under clause 7.5 must be borne equally by the parties.
7.7 If any dispute notified under clause 7.2 remains unresolved, then at any time fourteen (14) days after the date
of a Dispute Notice, and whether before or after reference of a dispute to a mediator under clause 7.5, either
party may institute proceedings In the appropriate court for determination of the dispute.
7.8 The parties may mutually agree in writing to extend any time period specified in this clause 7.
7.9 Clause 7 of this Covenant does not prevent the Covenantor or the Council from obtaining any injunctive
declaratory or other Interlocutory relief from a court, which may be urgently required.
8. Services
8.1 A notice is sufficiently made, given, issued or served by a party if left at or forwarded by prepaid post in an
envelope addressed to the other party or any of them (where there are more persons than one person comprising
the other party} at the address of that party.
8.2 A notice if sent by prepaid post is deemed to have been made, given, issued or served at the time when in the
due course of the post it would be delivered at the address to which it is directed whether or not it is actually
received.
8.3 In proving service of a notice made, given or served by the Council it is only necessary for the Council to certify
to that effect under the hand of the Chief Executive Officer.
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Page 97
QUEENSLAND LAND REGISTRY SCHEDULE Form 20 Version 2
Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 2 of 5
Title Reference [ ]
8.4 A notice given by a party must be:
(a) in writing;
(b) signed by the party, an officer of that party or the solicitor of that party; and
(c) a party receiving a notice is not obliged to enquire as to the authority of the person signing the notice.
9. Covenant Runs with the Land
This Covenant burdens the Land and runs with the Land and binds the successors in title to the Land and to
any parcel into which the Land is reconfigured by any means.
10. No Effect on Rates and Charges and Compliance with Laws
For the avoidance of doubt, nothing in this Covenant:
(a) affects the liability of the Covenantor to pay all taxes, rates, charges and levies lawfully imposed in respect
of the Land; and
(b) imposes a liability on the Council to make a monetary payment to the Covenantor in the form of
compensation or otherwise.
11. Registration
11.1 The Council shall do everything necessary (including executing any documents) to give effect to this Covenant.
12. Waiver
12.1 No waiver by the Council of any breach by the Covenantor of any of the provisions of this Covenant shall be
implied against the Council or be otherwise effective unless it is in writing under the hand of the Chief Executive
Officer.
12.2 A single or partial exercise or waiver of a right relating to this document will not prevent any other exercise of
that right or any other right.
13. Laches and Delay
No laches or delay by the Council at any time or times in enforcing any of its rights, powers and the like under
this Covenant prejudice or affect those rights or powers.
14. Severence
If any provision of this Covenant cannot be given effect or full force and effect by reason of statutory invalidity
that provision shall be severed or read down but so as to maintain and uphold so far as possible the remaining
provisions of this covenant.
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Page 98
POLICY GUIDELINE – Private Land Conservation Partnerships
Appendix 5 - Example Voluntary Conservation Agreement document
Page 11
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Page 99
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 <<< the registered proprietor, in fee simple of the Property.
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Page 100
Voluntary Conservation Agreement
‘Property’ means the property known as <Address>, 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.
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. In the 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
4.1. 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 less any
amount rebated to the Owner under Clause 4.2 in the relevant year.
4.2. The Owner may, upon written notice to the Council, choose to receive a cash rebate
from the Council of an amount equal to <<<% of the general rate charged by the
Council with respect to the Property for any rating period commencing after the date of
this Agreement (to a maximum of the sum specified in Clause 4.1 less any amount
expended or reimbursed by the Council under Clause 4.1 during the relevant period),
but only if:
(a) all rates payable with respect to the Land have been paid up to date; and
(b) the management tasks attributable to the Owner under the EMP have been
performed to the satisfaction of the Council.
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Page 101
Voluntary Conservation Agreement
4.3. 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.
4.4. The Council will pay any registration and surveying costs in relation to this Agreement.
4.5. 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.
8. Indemnity
The Owner shall indemnify the Council against all claims, demands, costs, interest
penalties and liabilities whatsoever arising out of or in connection with this agreement
or its performance or breach, not solely and directly attributable to any breach of the
terms of this Agreement by the Council.
9. Severability
If any provision of this Agreement is found to be invalid, the remainder of the
Agreement continues to apply.
10. Extent of prohibitions and restrictions
None of the prohibitions and restrictions specified in this Agreement will apply to the
extent necessary for reasonable protection of human life and property from wildfire or
other threatening events.
Each party shall pay their own legal costs of and incidental to the preparation of this
agreement.
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Page 102
Voluntary Conservation Agreement
11. Service of notices
11.1. Notice to the Council will be deemed given:
by mail 14 days after deposit in the post to the address in Clause 11.2 with postage
pre-paid.
11.2. Address for service of the Council:
Chief Executive Officer
Noosa Council
PO Box 141
Tewantin
Qld 4565
11.3. Notice to the Owner under this agreement must be given at the address set out in
Clause 11.4 and will be deemed to be so given:
(a) 14 days after the deposit in the post of Notices to such address with postage pre-
paid; or
(b) when delivered by hand to such address.
Where reasonably possible, Council shall also confirm by telephone to the Owner that
the Notices have been sent.
11.4. Address for service of the Owner:
……………………………………….
12. Time
Time shall in all cases be of the essence of this agreement.
13. Review
Subject to the resources available to the Council, from time to time, the Council and
the owner shall jointly review the effectiveness of this Agreement and the EMP.
14. Delay
No delay by the Council at any time or times in enforcing any of its rights or powers
under this Agreement shall prejudice or affect those rights or powers.
15. Dispute
Any dispute between the parties will be subject to the dispute resolution procedure set
out at clause 7 of the Covenant.
16. Costs
Each party shall pay their own legal costs of and incidental to the preparation of this
agreement.
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Page 103
Voluntary Conservation Agreement
Executed as an agreement.
SIGNED by ______________________
(Mayor/authorised councillor, delegated )
officer) for and on behalf of the NOOSA ) ……………………………………….
COUNCIL in the presence of: ) Mayor/authorised councillor,
) delegated officer
)
……………………………………………. )
Witness
…………………………………………….
Name of Witness
EXECUTED by (Insert name) )
)
in the presence of: ) ………………………………………….
…………………………………………….
Witness
…………………………………………….
Name of Witness
Page
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Page 104
POLICY GUIDELINE – Private Land Conservation Partnerships
Appendix 6 – Environmental Management Plan template
Page 12
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Page 105
Environmental Management Plan for Voluntary
Conservation Area at
As of / /2022 this is the agreed Environmental Management Plan for the
conservation area on being Lot.
Signed
……………………………………………….
Signed ………………………………………..
Delegated Officer
Noosa Shire Council
Background & Introduction
, the owners of Lot, and Noosa Council have negotiated a Voluntary
Conservation Agreement. This agreement covers a covenant registered on
title over a section of the property and a rezoning from rural residential to
environmental management and conservation. The Covenant, Conservation
Agreement and this Environmental Management Plan (EMP) will not cover the
total area of the property, referring only to the land described as the
‘Conservation Area’ as depicted on Map 1.
This EMP has been developed co-operatively by the landowners and
Council’s Conservation Partnerships Officer. It outlines agreed management
objectives for the Conservation Area. The intent of this management plan is to
impart a level of flexibility, providing a ‘tailor made’ Conservation Agreement
for the landowners. This EMP outlines a level of detail that is not covered by
the agreement and covenants.. The Council will provide financial and
technical support for the term of the agreement to assist in the implementation
of this EMP.
Nature conservation is the primary land use on the property.
1
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Page 106
The total property area is hectares and the conservation area portion has an
area of hectares. The property has been assessed against eligibility criteria
outlined in the Council’s policy on Voluntary Conservation Agreements and
meets the following criteria: -
• Occurrence of Regional ecosystems;
• Part of a wildlife corridor connecting.
• Known habitat for the
• Known Koala habitat.
• Presence of, a threatened ecological community under the Commonwealth
Environment Protection and Biodiversity Conservation Act.
Map 1 – Covenant location within the property
Description of the Conservation Area
Landform & Geology
Landform on the property is.
The surface geology is.
Map 2 – Contours and elevation
2
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Page 107
Land Use History
An aerial photograph from 1953 indicates that the property was.
1953 aerial (indicative property boundary shown in red)
By 1974.
1974 aerial photo (indicative property boundaries only)
By 1991.
1991 aerial photo (indicative property boundaries)
3
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The text continues on page 108.