Council Policy
ENVIRONMENT LEVY
Corporate Plan Reference:
Looking after community assets
Endorsed by Council:
15 January 2015
Policy Author:
Director Planning & Infrastructure
POLICY PURPOSE
The purpose of the Environment Levy (“the Levy”) is to raise funds to conserve and/or improve
biodiversity in the Noosa Shire. This policy outlines the environmental and administrative principles
that will provide direction for the allocation of Environment Levy funds by Council.
The head of power for the Levy comes from Section 94 of the Local Government Act 2009 that gives
Council the ability to impose a separate charge on all rateable land in the shire. In doing so, Council
can only use funds raised via a separate charge for the specific purpose identified in the revenue
statement adopted each year as part of Council’s annual budget process.
In that context, this policy provides guidance and further details about how the Council will manage
the Levy and its implementation.
Key aims of the Levy are to:
•
Protect environmentally significant land through acquisition;
•
Support the Voluntary Conservation Agreement program where such involvement adds to the
protection/enhancement of biodiversity in the Noosa Shire and/or promotes or enhances
biodiversity and wildlife corridors; and
•
Allow for the provision of funding to the Noosa Biosphere Reserve Trust so that Noosa
Biosphere Reserve Foundation Ltd may undertake projects that are in keeping with the
purpose of the Levy.
POLICY SCOPE
This policy applies to all programs, activities or incentives that are directly or indirectly funded or
supported, wholly or partly, by the Levy.
Council will review the amount of the Levy each year as part of the preparation of the annual budget
and adoption of the annual revenue statement.
The Levy will be supported by an Environment Levy Guideline to guide staff in operational matters
relating to the implementation of the Environment Levy Policy.
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POLICY STATEMENT
The allocation of Levy revenue will be limited to the following three primary output categories:
1.
Acquisition of Environmentally Significant Land
The acquisition of environmentally significant land shall be part of a wider strategy for landscape
protection and preservation/enhancement of biodiversity in the Noosa Shire. One or more of the
following approaches may result in land purchases:

Landholders contacting Council with an offer to sell;

Council contacting owners of high priority parcels of land with offers to purchase;

Purchasing land that’s already for sale on the open market;

Seeking expressions of interest from owners interested in selling their land.
Determining which properties might be purchased shall be achieved by compiling a Preferred
Acquisition List. Council will establish an Environment Levy Working Group to develop and review
the list in consideration of the following priorities:
Biodiversity Attributes
The land will preserve or enhance biodiversity in the Noosa Shire and the land has biodiversity
attributes that warrant high-level protection.
Regional Ecosystem (RE) Attributes
The land will make a significant contribution to the resilience of regional and locally significant
ecosystems, particularly where those ecosystems are considered to be at risk.
Connectivity
The land will add to an identified or potential wildlife corridor consistent with a longer-term strategic
land conservation strategy. The land may thus fall within Council’s identified Strategic Biodiversity
Corridors.
Consolidation
The land will consolidate and build on existing areas managed for nature conservation consistent
with a longer term strategic land conservation strategy.
Species Protection
The land contains plant and/or animal species that are identified as being Endangered, Vulnerable or
Near Threatened under the Queensland Nature Conservation Act, 1992 and the Nature Conservation
(Wildlife) Regulations 2006, or identified as locally significant species.
Threat Level
The land is identified as meeting some or all of the above criteria and is not adequately protected
under statutory mechanisms and is under threat of inappropriate development or other inappropriate
land use.
Value for Money
The land represents good value for money.
Environmental offsetting and rehabilitation potential
The land may be vegetated or already cleared or partly cleared, and located within a strategic
biodiversity corridor, and is suitable for purchase for environment offset opportunities.
Priority properties will undergo detailed assessments before being recommended for purchase.
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2.
Support for Voluntary Conservation Agreements
The Voluntary Conservation Agreement (VCA) program is a high level protective mechanism that
supports private landholders wishing to conserve their property’s environmental values in perpetuity
by registering a covenant on title over some or all of the property.
A conservation covenant is the legal mechanism used to permanently protect the portion of the
property covered by the VCA. It is registered under the Queensland Land Title Act 1994.
Conservation covenants place conditions on the title that run with the land and are binding on future
owners.
Through its support for VCAs, Council may choose to work with landholders to protect biodiversity
beyond the confines of state and Council owned land. Thus partnerships may be generated between
landholders and Council to conserve natural values on privately owned land. Council will provide
incentives to VCA landholders for environmental works as per an agreed Environment Management
Plan and/or imposition of an environmental covenant on the land title. It is noted that VCAs, by
significantly expanding the overall conservation estate, can represent excellent value for dollar
spend.
Similar to the Acquisition of Environmentally Significant Land program, potential VCA properties will
be assessed on their biodiversity attributes, regional ecosystem attributes, connectivity,
consolidation, species protection, and rehabilitation opportunities. VCAs that are proposed for land
that is identified on Council’s Preferred Acquisition List will receive the highest priority. VCAs that
contribute to Strategic Biodiversity Corridors will also be considered favourably.
Where land acquisition may not be an option for a particular parcel of land, the VCA program may be
a suitable alternative for the landholder.
Council will establish an Environment Levy Working Group to make annual recommendations to
Council regarding new and ongoing support for individual Voluntary Conservation Agreements.
3.
Contributions to the Noosa Biosphere Reserve Trust
The principal purposes contained in the Trust Deed for the Noosa Biosphere Reserve Trust are:
(i)
advancing the protection and enhancement of a significant aspect of the natural environment,
being the natural ecosystems and biodiversity of the Noosa Biosphere Reserve; and
(ii)
advancing research, education and information about a significant aspect of the natural
environment, being the Noosa Biosphere Reserve.
As Trustee of the Noosa Biosphere Reserve Trust, the Noosa Biosphere Reserve Foundation Ltd
may utilise funds held in the Trust to achieve the purposes of the Trust.
The purposes of the Noosa Biosphere Reserve Trust are in keeping with the overarching purposes of
this policy. Council may thus choose to allocate a proportion of the Levy funds to Noosa Biosphere
Reserve Trust to fund projects that are directed towards protecting and advancing the natural
environment.
The Levy amount to be contributed to the Noosa Biosphere Reserve Trust will be determined by
Council as part of the annual budget process.
It is expected that projects approved by Noosa Biosphere Reserve Foundation Ltd that utilise Levy
contributions will be for projects that conserve and/or improve biodiversity in the Noosa Shire and
which have tangible and measurable outcomes.
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USE OF REVENUE

The apportionment of Environment Levy funds across the three programs of Acquisition of
Environmentally Significant Land, Support for Voluntary Conservation Agreements and
Contributions to Noosa Biosphere Trust will be subject to Council’s annual budget review and
program priorities.

All revenue including any revenue raised through approved Levy business activities is to be
accounted for separately from Council’s general revenue and shall not at any time be available
for expenditure as general revenue.

The Levy can be used for leveraging grants and partnership opportunities from the state and
federal governments and other agencies, provided there is no impediment to achieving the
agreed outcomes of Levy funding.

Financial management of Levy revenue must be in accordance with relevant legislation and
Council policies.
FUNDING PRINCIPLES
Management of EL funds shall be subject to the following principles.
1.
Acquisition of Environmentally Significant Land
a)
Funds can be expended on acquisition of environmentally significant lands. These funds can
be used for:
(i)
(ii)
Assessment of land under consideration for purchase through the Levy.
The purchase costs of acquiring parcels of land including any associated consultancy,
legal fees, transfer fees and background assessments.
(iii)
Engaging third parties to act on Council’s behalf in the negotiation and acquisition of
priority properties.
(iv)
The immediate establishment costs associated with acquired parcels of land including but
not limited to management planning, fencing, weed management and fire management.
b)
Council may seek to maximise opportunities for purchasing lands utilising external funding
where appropriate.
c)
The Levy revenue may not be used to acquire land for parks where the primary purpose is
recreation.
d)
Any acquisition and disposal of land will be carried out in accordance with the Local
Government Act 2009.
e)
Initiatives able to be undertaken after the land is acquired with Levy funds include but are not
limited to:
(i)
The excision and sale of portions of acquired land that are deemed unsuitable for the
purpose of the Levy and the considered future use will not adversely impact upon the
identified values of the balance area.
(ii)
On-selling an acquired site to a purchaser who undertakes a statutory covenant (or other
statutory mechanism) that is registered on the land title (in accordance with the Land Title
Act 1994) and expressly protects and manages the conservation values of the property.
The agistment, hiring, leasing, renting or selling any part, portion or product derived from
acquired land including any built structures and any agricultural or natural resources
generated within, on or under the property provided that these activities do not conflict
with the ecological and waterway protection and management of the property and is
consistent with other principles contained in this Policy.
(iii)
f)
Recurrent land management operational costs related to Council owned land should not be
funded from the Levy.
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2.
Funding for Voluntary Conservation Agreements
a)
b)
c)
Costs of surveying the covenant.
Costs associated with developing the agreement.
A potential rate contribution when all outcomes of the Environment Management Plan are met.
3.
Funding of Noosa Biosphere Reserve Trust
Levy funds may be allocated to Noosa Biosphere Reserve Trust for dissemination by Noosa
Biosphere Reserve Foundation Ltd in accordance with the purposes of the Trust Deed.
The amount of money allocated from the Levy to Noosa Biosphere Reserve Trust will be determined
during annual budget deliberations. Information provided by Noosa Biosphere Reserve Foundation
Ltd to Noosa Council may be used to help make this determination.
ENVIRONMENT LEVY GUIDELINES
Specific provisions for implementing Acquisition of Environmentally Significant Land and Support for
Voluntary Conservation Agreements will be detailed in the Environment Levy Guidelines.
With regard to Acquisition of Environmentally Significant Land, the Guidelines will include details
about identification of Strategic Biodiversity Corridors, identification of at-risk Regional Ecosystems
and Species, methodology for developing the Preferred Acquisition List, assessment criteria for land
being considered for purchase, review of the effectiveness of the land acquisition program, and
mechanisms for reporting on the Acquisition program.
With regard to Support for Voluntary Conservation Agreements, the Guidelines will include eligibility
criteria, minimum and maximum financial incentives based on the size and suitability of the land
under covenant, components of the Environmental Management Plan including fire management
planning, and processes for developing a VCA with a landholder.
ENVIRONMENT LEVY WORKING GROUP
The Environment Levy Working Group will make recommendations to Council on the spending of
Environment Levy funds. The Committee will consist of:
Principal Environment Officer
Senior Environment Officer (Planning)
Natural Areas Operations Coordinator
Coordinator Property and Land Management
Principal Strategic Planner (Land Use)
One Councillor appointed by Council
DEFINITIONS
“Biodiversity” refers to the variety of all life forms - all the different plants, animals and microorganisms, and the ecosystems of which they are a part.
“Environment” refers to the use of the word to describe the natural (not man-made) environment of
the region and includes the natural ecological systems of air, water, soil and associated species of
flora and fauna.
“Environment Levy” ” refers to a Levy raised by Noosa Council (in accordance with section 94 of the
Queensland Local Government Act 2009), on all rateable properties within its jurisdiction, in order to
meet the objectives in this policy.
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“Regional Ecosystem” refers to distinct vegetation communities associated with specific landforms
and soil types as identified by the Queensland Herbarium.
“Wildlife Corridor” refers to a link of wildlife habitat, generally native vegetation, which connects
core areas of wildlife habitat to allow for the safe movement of fauna species and sustains wildlife
populations.
"Noosa Biosphere Reserve Trust" refers to the entity governed by the Noosa Biosphere Reserve
Trust deed, with Noosa Biosphere Reserve Foundation Ltd as its sole Trustee.
"Noosa Biosphere Reserve Foundation Ltd" refers to the company limited by guarantee governed
by the Constitution of Noosa Biosphere Reserve Foundation Ltd.
“Strategic Biodiversity Corridors” are broad tracts of vegetated, cleared and partly cleared land,
extending across the Noosa landscape that consolidate or connect core habitat, and can occur
across private and/or public land.
FURTHER INFORMATION REGARDING VOLUNTARY CONSERVATION AGREEMENTS

Areas on subject land can remain exempt from the Voluntary Conservation Agreement and can
be used for other purposes (e.g. grazing, orchards, open space).

A VCA does not grant any public right of access to the land.

A VCA is entirely voluntary.

A VCA takes account of the needs and circumstances of the landholder.

VCAs provide significant incentives for the landholder to contribute to biodiversity in the Noosa
Shire.

Properties that have conservation covenants may be available for grants and other funding
from state and federal governments.
RELATED POLICIES AND LEGISLATION

Local Government Act 2009.

Existing Biodiversity Strategies and Pest Management Plans.

Biodiversity Overlay and associated provisions-The Noosa Plan planning scheme for Noosa
Shire

Qld Environmental Offsets Policy 2014

Vegetation Management Act 1999

Nature Conservation Act 1992

Land Act 1994
Version control:
Version
Reason/ Trigger
1.0
New Policy
Change (Y/N)
Endorsed/ Reviewed by
Date
Noosa Council
15 January 2015
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