Meeting papers

•     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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