Common use of Activity Description Clause in Contracts

Activity Description. Where the Council makes a decision in relation to actions that may affect the Grey-headed Flying-fox and its habitat and the Council decides to apply the FFMP, it must: act in accordance with the FFMP; and impose the relevant mitigation standards described in the EPBC Act Flying-fox Guidelines. The Council and the Department will also pursue a range of actions at Batemans Bay, NSW, to support the conservation and recovery of the Grey‑headed Flying-fox, either independently or in collaboration. The Council must: deliver the following benefits by implementing the conservation management actions (however described) in the FFMP: enhanced habitat for biodiversity reduced impacts to flying-foxes regional conservation of flying-foxes and their ecosystem services reduced impacts to people living near a flying-fox camp improved public perception of flying-foxes consult with the Department on any proposed amendments to the Class of Actions identified in the FFMP and obtain the approval of the Minister before incorporating those amendments into the FFMP; undertake monitoring of the Grey-headed Flying-fox camp as set out in the FFMP; support quarterly surveys by NSW OEH of the Grey-headed Flying-fox for the National flying-fox monitoring program; and participate in research to improve knowledge of Grey-headed Flying-fox ecology. The Department will: finalise and publish the National Recovery Plan for the Grey-headed Flying-fox. Both Council and the Department must: develop and publish information to improve community understanding of, and capacity to manage the Grey-headed Flying-fox and its habitat. Council and the Department will pursue options for: supporting research into the ecology and management of the Grey-headed Flying-fox; and identifying and promoting the protection of key foraging and roosting habitats used by the Grey-headed Flying-fox. The Class of Actions is any action in relation to the management of Grey-headed Flying-fox and its Habitat: that is identified in the FFMP; and that is carried out in accordance with the mitigation standards described in Part 3 of the EPBC Act Flying-fox Guidelines. Note: If Council wishes to undertake actions that fall outside the Class of Actions described above, Council should consider the need to refer the actions to the Department for a decision under the EPBC Act. Pursuant to section 306A of the EPBC Act and subject to clause 4(a), the Minister declares that actions in the Class of Actions do not require approval under Part 9 of the EPBC Act for the purposes of sections 18 and 18A of the EPBC Act. A Review of the operation of this Agreement, including the Schedules, must be undertaken by the parties: if Council revises or amends the FFMP; when the National Recovery Plan for Grey-headed Flying-fox is finalised; and in any case-at least once every five years from the commencement of this Agreement. If a Review is to be undertaken the parties will agree in writing on: the terms of the Review; the scope of the Review; and the date by which the Review will be completed. A Review may be linked to a Report requested under clause 7.2. Failure to undertake the Review contemplated by clause 7.1(a) does not invalidate this Agreement. This clause does not limit the Minister’s powers to terminate or vary this Agreement under section 308 of the EPBC Act.

Activity Description. Where the Council makes a decision in relation to actions that may affect the Grey-headed Flying-fox and its habitat and the Council decides to apply the FFMPRFFMP, it must: act in accordance with the FFMPRFFMP; and impose the relevant mitigation standards described in the EPBC Act Flying-fox Guidelines. The Council and the Department will also pursue a range of actions at Batemans Bay, NSW, in the Sunshine Coast LGA to support the conservation and recovery of the Grey‑headed Flying-fox, either independently or in collaboration. The Council mustwill: deliver the following benefits by implementing the implement conservation management actions (however described) strategies detailed in the FFMPRFFMP, including: enhanced habitat for biodiversity reduced impacts identification, protection and enhancement of additional foraging habitat; provision of additional, low conflict roost opportunities; and undertaking works to flying-foxes regional conservation enhance key existing roost habitats. identify and where possible prevent future residential/flying fox land use conflict issues through the use of flying-foxes and their ecosystem services reduced impacts to people living near a flying-fox camp improved public perception of flying-foxes consult with the Department on any proposed amendments to the Class of Actions identified in the FFMP and obtain the approval of the Minister before incorporating those amendments into the FFMPplanning instruments such as development buffers; undertake monthly monitoring of the Grey-headed Flying-fox camp as set out in population and publish relevant information from those assessments for the FFMPpurposes of supporting research and greater understanding of Grey-headed Flying-fox ecology; support conduct quarterly surveys by NSW OEH of the Grey-headed Flying-fox for and its habitat and provide the findings to the National flying-fox monitoring program; and participate in research to improve knowledge of Grey-headed Flying-fox ecology. The Department will: develop, finalise and publish the National Recovery Plan recovery plan for the Grey-headed Flying-fox. Both Council and the Department mustwill: develop and publish information to improve community understanding of, and capacity to manage the Grey-headed Flying-fox and its habitat. Council and the Department will pursue options for: supporting research into the ecology and management of the Grey-headed Flying-fox; and identifying and promoting the protection of key foraging and roosting habitats used by the Grey-headed Flying-fox. The Class class of Actions actions is any action in relation to the management of Grey-headed Flying-fox and its Habitathabitat: that is identified in the FFMPRFFMP; and that is carried out in accordance with the mitigation standards described in Part 3 of the EPBC Act Flying-fox Guidelines. Note: If Council wishes to undertake actions that fall outside the Class of Actions described above, Council should consider the need to refer the actions to the Department for a decision under the EPBC Act. Pursuant to section 306A of the EPBC Act and subject to clause 4(a), the Minister declares that actions in the Class of Actions at clause 5.3 do not require approval under Part 9 of the EPBC Act for the purposes of sections 18 and 18A of the EPBC Act. A Review review of the operation of this Agreement, including the Schedules, must be undertaken by the parties: parties if Council revises or amends the FFMP; when the National Recovery Plan for Grey-headed Flying-fox is finalised; and in any case-RFFMP, or at least once every five years from the commencement of this Agreementthree years. If a Review is to be undertaken the parties will agree in writing on: the terms of the Review; the scope of the Review; and the date by which the Review will be completed. A Review may be linked to a Report requested under clause 7.2. Failure to undertake the Review contemplated by clause 7.1(a) does not invalidate this Agreement. This clause does not limit the Minister’s powers to terminate or vary this Agreement under section 308 of the EPBC Act.