[Simone Fisher]

Hi,
I’ve received an application for part exemption from rates due to the property being subject to a Conservation Agreement. I have a copy of the agreement which states that it is a Biobanking Agreement under the Threatened Species Conservation Act 1995. I’ve advised the ratepayer that as the agreement is not under the National Parks & Wildlife Act 1974 section 555(1)(b1) would not apply & therefore the property is not eligible for reduced rates.
He is adamant that the National Parks & Wildlife & the Threatened Species Conservation Acts are linked & the same exemptions apply to agreements under both Acts. Has anyone come across Biobanking agreements before & am I correct in rejecting his application?
Thank you for any help that you can give with this one.
Simone

[Mchelle Morris]

Hi Simone,
We have not had any biobanking agreements but we do have conservation agreements. In this instance, the agreement would be listed on the title. A title search may show if there is a restriction on the title to prevent future development or use. Does the agreement have any reference to rate exemption? It may be worth a call to the National Parks to determine the intention of the biobanking argeement.
regards

[Author]

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