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CONSERVATION AGREEMENT



between the


Minister for Sustainability, Environment, Water, Population and Communities

on behalf of the



COMMONWEALTH OF AUSTRALIA

and


MR SUCKCHAIN SINGH

and


MRS JOGINDER SINGH

pursuant to the



ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999

in relation to

Restoration, protection and conservation of riparian areas of Stony Creek and a tributary of Cedar Creek, known as Double Barrel Creek

located within the property at 12 Butler Road, Bingil Bay

in the

STATE OF QUEENSLAND

TABLE OF CLAUSES


CLAUSE

PAGE

Parties to the Agreement, location and purpose

4

1. Interpretation


6

  1. Commencement and Duration

9

  1. Obligations of the Specified Persons in respect of Protection and Conservation of the Southern Cassowary

9

  1. Notification of Change of Control

13

  1. Representations, warranties and certifications

13

  1. Assignment and Novation

13

  1. Dispute resolution

13

  1. Termination or variation of agreement

14

  1. Remediation Provisions

14

  1. Waiver

15

  1. Costs

15

  1. Notification of matters adversely affecting environmental values

15

  1. Notices

15

  1. Governing law and jurisdiction

16

Signatures to Agreement

17-19


SCHEDULES
Schedule 1: Imagery identifying the area of land to be subject to the Conservation Agreement including areas for restoration.
Schedule 2: A list of areas excluded from Restoration Areas/Restoration Works.
THIS CONSERVATION AGREEMENT is made on 30 day of April 2011.

PARTIES


This is an agreement between:

Parties





Minister




The Minister for Sustainability, Environment, Water, Population and Communities, on behalf of the Commonwealth of Australia
An Authorised Delegate of the Minister:

Ms Kimberley Dripps

Deputy Secretary

Department of Sustainability, Environment, Water, Population and Communities on behalf of the Commonwealth of Australia







ABN/ACN/ARBN

34 190 894 983




Address

Department of Sustainability, Environment, Water, Population and Communities

GPO Box 787

CANBERRA ACT 2601





Telephone

02 6274 2760




Fax

02 6274 1607




Attention

Assistant Secretary

Compliance and Enforcement Branch



Approvals and Wildlife Division

Specified Persons

Name

Mr Suckchain Singh and
Mrs Joginder Singh





Address

XXXXXXXXX
Or
XXXXXXXX




LOCATION


This Agreement relates to the restoration, protection and conservation of riparian areas along Stony Creek and a tributary of Cedar Creek, known as Double Barrel Creek, within the Property located at 12 Butler Road, Bingil Bay, Queensland. The Agreement applies to the Property and requires the rehabilitation works to be taken within the Conservation Area. The Conservation Area is detailed in the map at Schedule 1, being the riparian areas of a tributary of Cedar Creek, known as Double Barrel Creek, and Stony Creek within the Property, located within the purple boundary described as ‘Habitat Corridor Outline’, including those areas marked in blue (restoration area).

PURPOSE


  1. Subsection 307A of the EPBC Act provides that the Minister may, on behalf of the Commonwealth, enter into a conservation agreement with a person if the Minister considers that an action taken by a person has contravened or may have contravened a provision of Part 3. The Minister may enter into a conservation agreement with the person that provides for the protection and conservation of a matter referred to in section 305 by providing for the taking of measures to repair or mitigate damage to the matter protected by the provision of Part 3 (whether or not the damage may or will be, or has been, caused by the action).

  2. The purpose of this conservation agreement is (i) for the Minister to specify the area of land that will be rehabilitated, protected and conserved as a Conservation Area (ii) to ensure the ongoing protection and maintenance of this Conservation Area as Essential Cassowary Habitat to provide a movement corridor for the endangered Southern Cassowary (Casuarius casurarius johnsonii), which is the matter protected under Part 3 of the EPBC Act, and
    (iii) to repair or mitigate damage caused by clearing of essential cassowary habitat from the property.

  3. The specified provisions of this Agreement relate to the protection and conservation of biodiversity in the Australian jurisdiction referred to in section 305 of the EPBC Act and the repairing and mitigating of damage as further provided in subsection 307A of the EPBC Act.

  4. The Specified Persons are the title-holders of the Property.

  5. The Property is located to the south west of the Clump Mountain National Park. The Djiru National Park World Heritage Area abuts the Property to the south and west. The Property contains tributaries of Cedar Creek, including one known as Double Barrel Creek, and Stony Creek which together form part of the Muff Creek catchment. Remnant vegetation on the Property is identified as Essential Cassowary Habitat and the Property provides a corridor for cassowaries to move between the Djiru National Park World Heritage Area and the Clump Mountain National Park.


CIRCUMSTANCES
From June 2007 until June 2010 the Specified Persons, or an agent working on his or her behalf or direction, undertook clearing of native vegetation throughout the Property. This native vegetation clearance has resulted in the removal and disturbance of Essential Cassowary Habitat.
The property has been subject to impacts of Cyclones in the past, these impacts are not subject to this agreement.
During the period of such clearance from June 2007 until June 2010 the Specified Persons did not hold an approval to clear such native vegetation under Part 9 of the EPBC Act.
This clearing and disturbance has, or is likely to have, a significant impact on the Southern Cassowary (Casuarius casurarius johnsonii), listed as endangered under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).
Section 18(3) of the EPBC Act relevantly provides:
A person must not take an action that:

  1. has or will have a significant impact on a listed threatened species included in the endangered category; or

  2. is likely to have a significant impact on a listed threatened species included in the endangered category.


Civil penalty:

  1. for an individual – 5,000 penalty units;

  2. for a body corporate – 50,000 penalty units.





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