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2015-03-03 Planning & Organisation Agenda

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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA   3 MARCH 2015




                                                   Page 118 of 147

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                                         3 MARCH 2015

                          i)       $40,000 (excluding GST) — payable to NBRF Ltd for start-up operational
                                   expenses.
                           ii)     $250,000 (excluding GST) — payable to the NBRF Public Trust for projects that
                                   meet the Trust objects.
                           iii)    $80,000 (excluding GST) — payable to NBRF Public Trust for economic projects
                                   with an environmental benefit.
                     c)    In the following 3 financial years (2015-16 through to 2017-18) the funding for each
                           year will be negotiated on an annual basis following negotiations between the NBRF
                           Public Trust and Council. Such negotiations will include the NBRF presenting its funding
                           requirements as per Clause 5.1 b) and in the context of Council’s annual budget process
                           and overall funding constraints.
                     d)    On or about 1 July 2018, Council will consider entering into a new funding agreement to
                           extend the period of funding, subject to its annual budget considerations and
                           performance outcomes relative to this Deed.
                     e)    Subject to Council resolving from yearto year to make available from its budget
                           sufficient funds for the NBRF and Public Trust, and subject to compliance by NBRF with
                           this Deed, the Council will pay Funding for NBRF operations and projects having regard
                           to any ongoing commitments as provided for in clause 4.2 of this Deed.
                    f)     Payments will be made in quarterly instalments in advance upon a receipt of a valid tax
                           invoice from NBRF dated on or after the first day ofthe quarter.
                     g)    Council shall pay the funding to NBRF by.electronic transfer to a bank account (or
                           accounts) as notified in writing to Council by NBRF, with such bank account/s being in
                           the name.of NBRF and such account/s being solelyunder the control of NBRF.

               4.2   Extended Financial Commitments
               Before NBRF commits to any purchase,contract, undertaking or activity that has financial
               commitments beyond the period of approved funding and for which purchase, contract, undertaking
               or activity NBRF will require Council funding, NBRF must apply for and obtain approval from
               Council’s Chief Executive Officer or his or her delegate prior to NBRF making the commitment.

               4.3   Right to.Suspend Funding
               Without limiting the Council’s rights, if Council is satisfied:
                    a)     NBRF does not have the capacity to manage the funding; or
                     b)    NBRF does not have the capacity to perform the programs in line with the objects of the
                           Public Trust; or
                    c)     Council is unable to provide the funding due to any legal impediment,

                     then the Council may at its sole discretion:

                    d)     Suspend payment of the funding or an instalment of the funding (whether in whole or
                           in part) of the NBRF program; and/or
                     e)    Direct NBFR to cease spending the Funding.

               Funding Deed — Noosa Biosphere Reserve Foundation Ltd & Noosa Council                     Page 6

                                                                                                        Page 118 of 147
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