EDO-NQ FACTSHEET SERIES

Similar documents
Changes to the SFIA Program:

Neds Corner Station. What is a Conservation Covenant?

BUSINESS PROPERTY LEASES

Neds Corner Station. What is a Conservation Covenant?

15 July Ms E Young Team Leader Protected Area Establishment Department of Environment and Natural Resources Adelaide

Dental Buyer s Guide

Valuation Report. Property Address. Prepared by. Surveyors Name Trafford Surveyors Ltd. On behalf of: Clients Name

Innisfree Housing Association Pet Policy

Body Corporate: A quick guide to community living in Queensland

ILM Approved Factsheet on Section 117 Charities Act 2011 August 2012

Briefing Note: Residential Possession Proceedings

A Mobile Homes & Caravan Parks Factsheet for You

PRIVATE CLIENT DEPARTMENT DECLARATION OF TRUST FACT SHEET

This fact sheet covers:

Factsheet 2. Good practice and factors for consideration in England and Wales

Informal/conditional Auction Terms and Conditions

Auction Benefits... Page 5 Private Treaty Benefits... Page 5 What is your property worth?...page 5 - Pricing Guidelines

Registration of fishing rights

FACT SHEET: Tenure requirements for Major Customer Connections

Manufactured Home Parks. Buying a manufactured home and moving into a manufactured home park

Connecting you to lawyers around the world. Buying Property in France. Your FREE guide

Vesting of Roads and Reserves Policy

Proposals for Best Practice

Chapter VIII. Conservation Easements: Valuing Property Subject to a Qualified Conservation Contribution

Leasehold Management

Deed of Agreement for Lease [in relation to Connection Contract Contestable ASP/1 Connection]

Online Bidding Terms & Conditions

Easements, Covenants and Profits à Prendre Executive Summary

Easy Legals Avoiding the costly mistakes most people make when buying a property including buyer s checklist

Conservation Options for Private Landowners

Introductory Tenancies Your Questions Answered

ESTATES ADMINISTRATION

Certificate of Title. Lender's reference (from letter of instruction) The Borrower(s)

Auckland Council Rates Remission and Postponement Policy Consultation Submission

Consumer Code for Home Builders

ELECTRONIC CONVEYANCING IN ESTATE SITUATIONS. by Bonnie Yagar, Pallett Valo LLP

A Conveyancer s Lot Post P&P Property and Dreamvar

Common mistakes people make when moving house ( and how to avoid them)

LEVEL 3 - UNIT 4 LAND LAW SUGGESTED ANSWERS JANUARY 2017

Guide to your lease. An overview of your lease, its purpose and a glossary of its technical terms.

Tenancy Policy. 1 Introduction. 12 September Executive Management Team Approval Date: Review date: September 2018

REPLIES TO DEVELOPMENT LAND ENQUIRIES. 1.1 When the sellers purchased the property they were told:-

Briefing Note. Private Rented Sector Housing: Regulation and Landlords Responsibilities

FACTSHEET. Stamp Duty Land Tax.

How TDS deals with disputes relating to non-assured Shorthold Tenancies

we apply for the necessary searches you make your mortgage application (if applicable)

(UNECE) John Manthorpel

Making Land Work: Easements, Covenants and Profits à Prendre Executive Summary

Rent to Buy Scheme (RTBS) Information Brochure 4 School Road, Strontian, PH36 4JA

REGISTERED PLANS AND TAX FREE SAVINGS ACCOUNTS. Mortgage/Hypothec Investment Details

INSTRUCTIONS TO SOLICITORS

YOUR GUIDE TO SHARED OWNERSHIP. A guide to Shared Ownership

Leases of land and/or buildings to sailing clubs generally fall within the provisions of Part II of the Landlord and Tenant Act 1954.

The Basic Commercial Real Estate Transaction From Start to Finish

LAND REGISTRY DEEDS CUSTOMER INFORMATION GUIDE

Bennett Carroll Solicitors provides this material as a guide only.

Deed of Agreement for Easement [in relation to Connection Contract Contestable ASP/1 Connection]

1 Adopting the Code. The Consumer Code Requirements and good practice Guidance. 1.1 Adopting the Code. 1.2 Making the Code available

Guide for pastoral leaseholders. November 2010

POLICY: SUCCESSION. 1.0 Introduction. 2.0 Policy Statement. 3.0 Objectives. 4.0 Background Legislation

Manufactured Home Parks. Buying a manufactured home and moving into a manufactured home park

am Statement of Claim

CONTAMINATED LAND IN WESTERN AUSTRALIA

nolans BUYING WITH US

Landlord Licensing in the Private Rented Sector

Fact Sheet. Application for replacement Certificate of Title

A Guide To Fully Managed Property Investments (0)

A guide for first time buyers

A Guide to Lease Extensions for the Barbican Estate

GUIDE TO SEVERANCE AND JOINT TENANCY

CONTENTS. 3. Unit entitlements 6 General unit entitlements 6 Special unit entitlements 6 Changing unit entitlements 7

Joint Tenancies Policy

Treaty Claims Settlement Acts General Guideline

Voluntary Right to Buy and Portability Policy

Consumer Code Requirements and Good Practice Guidance for Home Builders

BOUNDARIES & SQUATTER S RIGHTS

FORM OSR D2.7 Version 4 Effective 8 July 2011

The ECOLOGICAL GIFTS PROGRAM. Retaining the Right to Use Land Donated as an Ecological Gift

BANKRUPTCY IN THE CHAIN OF TITLE

National Rental Affordability Scheme. NRAS and Mistakes to AVOID!

AGOVERNMENT SERVICES. Buying & Owning a Condominium. Tipsheet Contents. Condominium Property Act

GreenSquare Tenancy Policy

We do not require sight of the tenancy agreement. However you must provide us with the following if requested:

Guide to buying property in. england and Wales

HomePurchasePlan. Banking you can believe in ENGLAND & WALES PRODUCT INFORMATION

PROPERTY MANAGEMENT EXCELLENCE PRIVATE TRAINING MENU

TOWNSHIP OF LANARK HIGHLANDS POLICY FOR THE STOPPING UP, CLOSURE AND SALE OF ROADS POLICY STATEMENT

ASSET TRANSFER REQUESTS Community Empowerment (Scotland) Act 2015 Guidance Notes

Acquiring Real Estate in the UK: A brief overview

LEGAL PITFALLS OF RIGHT OF WAY : DELAYS IN ACQUISITION. Darby F. Venza, ROW Attorney

Auction Legal Pack Relating To 43 Grantley Street, Grantham, Lincolnshire NG31 6BW

Guide to buying property in. england and Wales

Leasehold Property - Lease Extensions

Security over Collateral. CANADA BRITISH COLUMBIA Farris, Vaughan, Wills & Murphy LLP

Instructions: Script:

ADVICE NOTE BUYING AND SELLING YOUR FLAT. A summary of the typical events when buying and selling a leasehold flat

Your guide to selling a home

Land Conservation Agreements Project Guidance

Riverstone Landowners Voluntary Contributions Agreement (VCA)

Papers The Digital Economy Act : What surveyors need to know about changes to the law on telecommunications equipment

Transcription:

EDO-NQ FACTSHEET SERIES LEGAL MECHANISMS FOR CONSERVATION ON PRIVATELY OWNED LAND Private Mechanisms Factsheet #1: Overview of Legal Mechanisms for Private Private Mechanisms #1 Overview of Legal Mechanisms for Private

Table of Contents 1. What are legal mechanisms for private conservation? 3 2. Why use a legal mechanism to promote conservation on your land? 3. How can a legal mechanism be used to protect the environment when the land passes to someone else? 4. How can a legal mechanism be used to obtain incentives for conservation? 3 4 4 5. What are the alternatives to legal mechanisms? 4 6. What are the relative advantages and disadvantages of the legal mechanisms? 5 7. Further information 5 8. Useful contacts 5 Private Mechanisms #1 Overview of Legal Mechanisms for Private

Legal Mechanisms for on Privately Held Land Overview of Legal Mechanisms for Private This factsheet is intended as a plain English guide to a particular area of law. It is not legal advice and is not intended as a comprehensive examination of the legislation. Whilst all care has been taken in its preparation, it is not a substitute for legal advice as legal details have been omitted to provide a brief overview of this area of the law. If you require legal advice relating to your particular circumstances you should contact the EDO or your solicitor. 1. What are legal mechanisms for private conservation? There are a number of legal options available for promoting conservation of native plants and animals on privately held land. These usually take the form of an agreement between a landowner and a government body. Some are binding on future owners (they are registered over the title) and some are not. Each type of legal mechanism comes with its own advantages and disadvantages, and each must be considered for their suitability in any one particular situation. This factsheet series aims to provide an overview of each of these options as a starting point for anyone interested in using them on their land. There are six factsheets in this series: 1. Overview of Legal Mechanisms for Private 2. Nature Refuges and Coordinated Areas 3. Statutory Covenants 4. Voluntary Declarations under the Vegetation Management Act 1999 5. Agreements and Profit á Prendre Agreements 6. Comparative Table of Legal Private Mechanisms This first factsheet Overview of Legal Mechanisms for Private - aims to provide a brief introduction of these legal mechanisms and how they can be used to promote conservation on private land. 2. Why use a legal mechanism to promote conservation on your land? There are two main reasons why someone may wish to use a legal option for promoting conservation on their land: 1. to ensure conservation of the land will continue after the land is sold or passes to someone else; and 2. to obtain incentives for pursuing conservation outcomes such as environmental management advice, financial assistance or tax concessions. Private Mechanisms #1 Overview of Legal Mechanisms for Private

3. How can a legal mechanism be used to protect the environment when the land passes to someone else? Legal mechanisms such as nature refuges, statutory covenants, voluntary declarations and profit á prendre agreements all create a way for an agreement regarding environmental conservation to be attached to the land title through registration in the land registry. All agreements that are registered on the land title are said to bind with the land, and come with the title when they are sold and bought in the future. Purchasers looking to buy a property must first inspect the land title on the land registry. The agreements described above will show up on any title search, and the purchaser would be aware of them before buying the land (if they are prudent and did a proper search of the land title). When the purchaser buys land which has one of these agreements registered on the title (whether they are aware of the agreement or not), they are effectively buying into these agreements as well and will be bound by them. Not all agreements can be registered on the land title. An agreement can only be registered on the land title if the legislation providing for the agreement allows it. Agreements that are not registered will not automatically apply to any new owners of the land who were not party to the original agreement. 4. How can a legal mechanism be used to obtain incentives for conservation? Private conservation initiatives are often looked favourably on by government and so some government bodies offer incentives for entering into these legal mechanisms. For example, nature refuges come with the possibility of receiving financial assistance for environmental management programs from Queensland s Environmental Protection Agency ( EPA ). Some local councils also provide rates relief incentives for entering into conservation covenants. To find out more detail on possible incentives landowners should contact the relevant government bodies who administer the mechanisms directly, or speak to their own solicitor. 5. What are the alternatives to legal mechanisms? There are a number of voluntary conservation programs which can be used to promote conservation on private land. One of the most well known is Land for Wildlife, which is a voluntary program that offers environmental management advice and a network of other landowners similarly interested in conservation. The following are the main differences between voluntary programs such as Land for Wildlife and the legal mechanisms covered in this factsheet series: 1. voluntary programs have no binding legal obligations, but are based on a voluntary obligation to conserve the environment to remain in the program Private Mechanisms #1 Overview of Legal Mechanisms for Private

2. voluntary programs will not come with many of the additional incentives provided by the legal mechanisms 3. voluntary programs will not ensure the conservation practices continue on the land when it is sold to a new owner. Voluntary programs are usually used by those landowners who do not wish to enter into binding legal agreements and have no plans to sell the property. However, voluntary programs such as Land for Wildlife can also be used in conjunction with the legal mechanisms and doing so may result in better environmental outcomes on a property. 6. What are the relative advantages and disadvantages of the legal mechanisms? There is no one perfect mechanism that will always be useful in every situation. Each mechanism comes with its own advantages and disadvantages. We have produced a comparative table of the advantages and disadvantages of these legal mechanisms for easy reference (factsheet 6 in this series), but we also recommend that you see each individual factsheet in our series for fuller explanations of these advantages and disadvantages. 7. Further information If you have any further questions or concerns about any of these matters, then please contact us on the details below. While we have limited resources, often we can give you quick advice over the phone or direct you to someone who may help on a free or reduced rate basis. Stay in contact with your local Environmental Defenders Office. We try to run as many community workshops on as many useful legal issues as we can. 8. Useful Contacts EDO-NQ Suite 1, Level 1 96-98 Lake Street CAIRNS QLD 4870 Ph : 07 4031 4766; Fax: 07 4041 4535 Email: edonq@edo.org.au EDO (Qld) 30 Hardgrave Road, WEST END QLD 4101 Ph: 07 3211-4466; Fax: 07 3211-4655 Email: edoqld@edo.org.au To become a member of the Environmental Defenders Office of Northern Queensland, or for more information about factsheets and legal advice, please contact us at edonq@edo.org.au or on 07 4031 4766. Our web address is www.edo.org.au/edonq Private Mechanisms #1 Overview of Legal Mechanisms for Private