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CEMA Agreement 2005
Co-operative Environmental Management Agreement
Between The Minister for Environment and Conservation (“Minister”) and James Darling and Lesley Forwood (“The Partners”)
Intent
The parties intend this Memorandum to be a framework for co-operative environmental management between adjoining landowners, recognising biological boundaries across the landscape, to improve effectiveness and efficiency for the benefit of conservation on public and private land.
1. Background:
1.1 Gum Lagoon Conservation Park (“the Park”) is a conservation park constituted under the National Parks and Wildlife Act 1972. The Park is under the control and administration of the Minister and under the management of the Director, National Parks and Wildlife. Department for Environment and Heritage (“the Director”) under that Act.
1.2 Duck Island is mostly surrounded by the Park. Duck Island is owned by James Darling and managed by James Darling and Lesley Forwood trading as Duck Island Partners.
1.3 The Minister, together with the Director as the manager of the Park and James Darling as the owner and the Partners as managers of Duck Island have obligations and mutual interest in the management of the Park and of Duck Island and in undertaking works programs in relation to a number of matters affecting their respective rights, interests and obligations.
Those matters (“matters of common interest”) include:
1.3.1 The conservation, enhancement and management of wetlands and surface water flows on land in the vicinity of the boundaries between the Park and Duck Island including the construction and maintenance of levies, drains and other infrastructure agreed between the parties;
1.3.2 The conservation and management of native vegetation near or across the common boundaries of the Park and Duck Island;
1.3.3 The conservation and management of native wildlife and habitats, including threatened and/or overabundant species, in the Park and Duck Island;
1.3.4 The control of pest plants and animals;
1.3.5 The construction and maintenance of fencing between the Park and Duck Island, including where appropriate;
a) the location of fences along lines that relfect the ecology and the use of land in the vicinity of the common boundaries of the Park and Duck Island rather than the cadastral boundaries;
b) selection of fencing appropriate to ecological and environmental management; and
c) such fences are to be treated as if boundary fences for the purpose of determining responsibility for initial construction and maintenance.
1.3.6 The establishment and maintenance of firebreaks and other works or measures to prevent the outbreak of fires or the spreading of fires on the Park and Duck Island including measures for the abatement of fire risks and for the suppression of fires where appropriate on ecological or practical boundaries rather than cadastral boundaries;
1.3.7 The use of fire for the protection or management of biodiversity on the Park and Duck Island, recognising ecological community boundaries;
1.3.8 The identification, protection and management of items or places of Aboriginal heritage significance or sites of historical interest;
1.3.9 Works or measures to prevent public access to Duck Island and to control access to the Park by the public through appropriate entry points and signage;
1.3.10 The undertaking of or the encouragement of research or monitoring programs in relations to matters affecting the common interests or respective obligations of the parties in the management or the enhancement or conservation of the biodiversity of the Park and Duck Island.
1.3.11 Any other activity, occurrence or condition agreed to by the parties that affects either the Park or Duck Island that will or may have a significant effect on the ecology, biodiversity, productive use or management of the other.
1.4 The parties wish to establish a framework for a co-operative approach to the matters of common interest and have chosen to enter into this Co-operative Environmental management Agreement for that purpose. With the exception of the obligations set out in
- clause 2.5, to meet at least once a year, and to negotiate in good faith: and
- clause 2.7 in relation to confidentiality;
the parties do not intend that this document should constitute a legally binding agreement between them and recognise that any legal obligations imposed by this agreement on either party are subject to the limitations of the National Parks and Wildlife Act 1972 as set out in clause 2.2 of this agreement, in any event it is recognised that participation is expressly limited to the works and activities agreed to.
2. Head of Agreement
2.1 The Minister and the Partners agree to observe the following general principles in their dealings with each other in relation to the matters of common interest.
2.1.1 That they will undertake consultation in relation to planning and decision-making;
2.1.2 That they will use their best endeavours to reach agreed programs for works and systems of management that are cost effective, including arrangements for the sharing of labour and other inputs on an equitable basis or for the ordering of activities or, works that can be more effectively and efficiently carried out in a co-ordinated manner in relation to Duck Island and the Park;
2.1.3 That they will seek to promote goodwill and co-operation between them;
2.1.4 That they will have regard to land uses and eco-systems in the management of adjacent areas of the Park and of Duck Island to the extent that they extend across the cadastral boundaries between those areas.
2.2 The Partners acknowledge that the Minister in relation to the Park:
2.2.1 Must have regard to the objectives set out in section 37 of the Act:
2.2.2 Must carry out the provisions of the plan of management for the Park adopted for the time being under section40 of that Act and must not undertake any operation in relation to the Park unless those operations are in accordance with that plan of management; and
2.2.3 Has only the powers and functions in relation to the Park that are relevant to the management of the Park or constitute matters incidental thereto.
2.3 The Minister acknowledges the productive land use and management practices of the Partners and the need where feasible not to compromise their practices and accreditations.
2.4 The Minister and the partners must from time to time nominate persons as the Minister’s and the Partner’s on ground managers (OGMs). From time to time the Minister and the Partners may replace the persons so nominated with other nominees. The first OGMs to be specified in Appendix 1 to this Memorandum. Each party will notify the other of any change of the party’s OGM as soon as practicable. The role of the OGM of a party is to act as the “first point of contact” for the other party and to be responsible for the day to day consultation between the parties and implementation of programs or other arrangements entered into by the parties. Each party may nominate more than one preson to act as its OGM at any time, or nominate a person or persons to act where the nominated OGM or OGMs is or are unavailable.
2.5 The parties agree that they or their authorised representatives will meet at least once in each calendar year (in the month of June unless the parties agree otherwise), using best endeavours to agree a works program in relation to matters of common interest including:
2.5.1 Reviewing any works programs or other agreed activities undertaken by them or either of them in relation to any matters of common interest during the preceding year;
2.5.2 Determining works programs or other activities to be undertaken by them or either of them in relation to matters of common interest in the future;
2.5.3 Reviewing any management plans and identifying any need to amend the same in accordance with the provisions of the NPW Act 1972 and Country Fires Act 1989;
2.5.4 Determining access and access protocols for NPWSA staff to access areas of Duck Island to undertake management as agreed;
2.5.5 Negotiating specific arrangements for the carrying out of works or other activities relevant to any of the matters of common interest;
2.5.6 Discussing any matters of common interest generally.
2.6 The parties agree to make themselves or their authorised representatives available to meet and will meet on such other occasions as may be necessary or desirable to negotiate any of the matters set out in clause 1.3. Each party must give the other reasonable notice of that party’s desire to convene such a meeting.
2.7 Where a party imparts information to the other on the basis that the information is confidential, the party to which the information is disclosed must not:
2.7.1 Use that information for any purpose other than the purpose of performing that party’s obligations under this agreement or under as specific agreement between the parties in relation to a matter of common interest, or for any purpose to which the party imparting the information consents: or
2.7.2 Disclose that information except where the disclosure is:
2.7.2.1 to the party’s professional advisers;
2.7.2.2 required by law or necessary for the performance of the Minister’s duties under law;
2.7.2.3 necessary to perform the party’s obligations under this agreement or under any specific agreement between the parties in relation to a matter of common interest; or
2.7.2.4 subject to the consent of the other party.
2.8 This agreement can be terminated by either party after 3 months notice in writing.
Signed on 2nd November 2005 by:
The Minister for Environment and Conservation – John Hill
James Darling
Lesley Forwood
Appendix 1
Directors on ground Manager – Brian Robins
Partners on ground Manager – James Darling
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