Meeting papers

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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