Meeting papers

         Voluntary Conservation Agreements

A voluntary conservation agreement is made up of 3 parts. These are:

   1. The protective mechanism (Nature Refuge or Covenant. This is registered on title and
      affords permanent protection to the land (over successive property owners).
   2. The conservation agreement. This is between the current landowner and Council, stipulates
      the roles and responsibilities of either party, the annual funding level, and dispute resolution
      procedures. The agreement expires when the property is sold (but the protective
      mechanism remains)
   3. The environmental management plan. This outlines the environmental values on the land,
      the threats to those values, and how those threats will be mitigated to improve the
      environmental values. It guides the annual funding expenditure.

Establishment process

   •   The landowner expresses interest in establishing a VCA on his/her property.
   •   Council undertakes an initial desktop assessment to determine if the property meets the
       criteria for a VCA (minimum 5 hectares, contains remnant vegetation, has high biodiversity
       values, adjoins existing reserves or large tracts of bushland).
   •    If the property is large and likely to meet eligibility requirements for a Nature Refuge
       contact the State Government at [email protected] to ascertain whether the
       State are interested.
   •   If the property is too small for a covenant (less than 5 hectares) but still has environmental
       values consider rezoning to Environmental Management and Conservation under the split
       zoning conservation program.
   •   An initial meeting with the landowner to discuss the program is held. Walk the property to
       get a sense of the environmental values present. If the landowner is still interested, outline
       the options available and give the landowner the covenant form 31 and agreement template
       and a property map to identify the area they wish to protect. Advise the landowner to seek
       independent legal advice before placing a covenant/nature refuge/ rezoning over their
       property.
   •   If the landowner wishes to proceed after reviewing the documents and obtaining
       independent legal advice they sign the attached agreement to proceed form.
   •   If the State and landowner are willing to commence negotiations to place a Nature Refuge
       over the property put the 2 parties in touch with each other to liaise directly. Council can
       assist by providing field assessment data (flora list, evnt species on site, etc).
   •   For a conservation covenant Council determines whether the property has an existing
       mortgage or other third party interest registered on title by doing a title search here
       https://www.titlesqld.com.au/title-searches/
   •    If there is a third party interest on title (such as a mortgage) they must provide initial
       written consent and sign the form 18 General Consent when the covenant document is
       ready. If they don’t provide written consent don’t proceed with the covenant. This will
       sometimes happen with banks especially if they have a large equity in the property.
   •   Once Council have received the signed agreement to proceed form, third party consent (if
       relevant) and a map of the proposed conservation area supplied by the landowner, a
       surveyor is asked to quote on provision of a covenant survey plan. Raise a purchase order
       with the surveyor.
   •   The covenant boundary is walked with the landowner and surveyor.




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