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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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