A number of different schemes have been introduced to help achieve broader environmental objectives in return for direct funding or tradeable credits.

Land management agreements include:

• the Biodiversity Offset Scheme
• covenants in support of carbon credits under various state and national schemes (for example, see the National Energy Regulator’s information on Australian carbon credit units)
• Local Land Services incentive funding
• land management (native vegetation) code (formerly property vegetation plans).

Minister’s consent

To enter into a land management agreement, you need the minister’s consent. You also need consent, in writing, if you’re applying for funding as part of any management contract.

The department can give this consent under delegated authority. It is essential you contact the department as early as possible to ensure it is supported and ongoing consultation in developing these land management agreements, throughout the scoping of the project and in any ongoing negotiations.

When are land management agreements appropriate on Crown reserves?

When entering into a land management agreement, which is a legally binding commitment, the key issues Crown land managers (CLMs) need to consider are:

Consistency with the principles of Crown land management under the objects of the Crown Lands Management Act 2016 (CLM Act)

The object of any proposed land management agreement (for example, habitat rehabilitation or conservation) must be consistent with the purpose/s of the reserve and any impact on the public’s use and enjoyment of the reserve.

Consistency with the reserve purpose and any relevant plan of management

Any existing plan of management needs to be taken into consideration and may need to be amended to enable a land management agreement to be established.

Impact on future land use options for the reserve

Entering into a land management agreement that is registered as a covenant on the title of the land, or as some other form of legally binding agreement, is an important decision with long-term implications for future use and management of the land.

Where a Crown reserve, or part of a reserve, is subject to a land management agreement, options for use of the land in the future may be limited. The term of the land management agreement will be a major factor, with current options usually ranging from 15 years to in-perpetuity (note that a legally-binding land management agreement in perpetuity will only be considered in exceptional circumstances). In some cases shorter arrangements may be an option.

Funding required for ongoing maintenance responsibilities under the land management agreement

In addition to impacts on land use, you also need to consider whether there is adequate funding for the scheme in the future after the initial payment or period of income generation.

Biodiversity Conservation Agreements