[Ian Clayton]

Hi Emma,

I haven’t had this situation (yet), but have tried to follow the legislation.

Local Government Act – Sec 555 (1)(b1) – … land that is the subject of a conservation agreement (within the meaning of the National Parks and Wildlife Act 1974 ),

Biodiversity Conservation (Savings and Transitional) Regulation 2017 – Clause 17(3) – After the commencement of the new Act, a conservation agreement cannot be entered into under section 69B of the National Parks and Wildlife Act 1974 ……

Biodiversity Conservation (Savings and Transitional) Regulation 2017 – Clause 18(1)(c) – (1) A reference in any Act or statutory or other instrument, or in any contract or agreement— (c) to a conservation agreement under section 69B of the National Parks and Wildlife Act 1974 of a kind referred to in clause 17 (2) is to be read as a reference to a conservation agreement under Division 3 of Part 5 of the new Act.

Biodiversity Conservation Act – Division 3 of Part 5, Sections 5.20 to 5.26.

The provisions of this division seems to allow agreements to be funded, and are not required to be in perpetuity. Unfortunately, if the agreement is made under this division, exemption from rates may well to apply.

The changes to the exemption provisions that are yet to commence could see certain conservation agreements remain rateable under the environmental category, subject to the making of regulations defining the agreement types. This seems to be the most difficult amendment for OLG to work through so there’s no indication when this might happen. Existing agreements would remain under the current provisions (ie non-rateable) due to the savings provisions in the amendment act.

Hope this helps.

Thanks,
Ian