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REVISED POLICY GUIDELINES- PRIVATE LAND CONSERVATION PARTNERSHIPS · report

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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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