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Outline of the
Forest Property Agreement
- The agreement formed is a Forest Property Agreement as defined in Section 5 of the Forestry Rights Act 1996 (Vic). Agreements will be executed as a deed.
- All executed Forest Property Agreements are to be recorded on the title Register.
- Consent will be sought from all holders of encumbrances when executing the agreement.
- The term of the agreement is 20 years plus or minus four, or until the completion of two harvests.
- The obligations under this agreement bind grantor and successors in title for the whole term.
- The Grantor is the land owner (and employees, agents, contractors etc) and has agreed to allow the grantee to grow, maintain, harvest, extract and remove trees on the land.
- The grantee (includes GPFL its employees, agents, contractors etc) has requested to grow, maintain, harvest, extract and remove trees on the land and is the owner of the trees.
- The grantee is given the right to enter the land to carry out works for planting, maintaining or harvesting the trees.
- The grantee owns all the timber products and has the right to harvest the trees at any time.
- Fees are to be paid in advance on the 2nd January each year for the period starting on the 1st January until the 31st December. The first years fee will be paid on the commencement date for the period until the 31st December.
- Fees will be reviewed each year on the anniversary of the commencement date. Fees will be reviewed and adjusted in line with changes to CPI to a maximum to 6% increase in fees and a minimum of no change in fee.
- The Grantee may terminate the agreement by serving notice if the area of tree crop falls below 10 Ha, the Australian Government refuses to grant or renew wood chip export licenses, it becomes uneconomical for the Grantee to maintain or harvest the trees or if the Landholder breaches any provisions.
- Generally if the Grantee terminates the agreement early or reduces the area of the tree crop, then the Grantee shall restore access roads within the tree crop area and ensure that all debris from harvesting is within the tree crop area.
- In some instances where the Grantee terminates the agreement early or reduces the area of the tree crop, the landholder may give a "Re-establishment Notice" to the Grantee requiring that the land is restored ready for the landholder to re-establish pasture, or the landholder may assume ownership of the trees free from the agreement.
- The Landholder may terminate the agreement if the Grantee breaches the provisions of this agreement.
- At the conclusion of the agreement, access roads to, and within the plantation are restored, but the tree stumps are left in the ground. This is to enable GPFL to renegotiate a further agreement, or allow the landholder to grow a further crop themselves from the stumps as a coppice.
Grantee obligations:
 | Clearing the area (vegetation, buildings etc)
 | Construction of drainage works, bridges, road works etc
 | Site preparatory works (ripping, mounding etc)
 | Controlling insects, rabbits, other vermin and growth of weeds and other plants
 | Supplying and applying fertilisers
 | Re-survey and reassessment of tree crop area
 | Removing and extracting of timber products
 | Growing the second crop
 | Constructing and maintaining firebreaks as required by the Country Fire Authority
 | Preventing access by trespassers
 | Taking steps for the good order and maintenance of the trees
 | Restore access roads and confine debris from harvesting to within the tree crop area following the expiry of the agreement
 | Insurance of trees
 | Own costs of preparing and executing the agreement
 | All stamp duty of this agreement and on any document executed to give effect to this agreement
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Landowners (grantor) obligations:
 | Ensure that the land has no public rights of way or easements, requirements, litigations or other proceedings
 | Ensure that the land is not subject to any order, notice, report, offence, prosecution, proceeding, fine, audit requirement or other demand under the Environment Protection Act, 1970
 | Ensure the land is not polluted or an environmental hazard or does not represent a public health risk
 | Obtain written consent of the Grantee before selling, transferring, mortgaging or otherwise encumbering possession of the land during the term of the agreement. Consent shall not be unreasonable withheld
 | Cost of erecting fencing
 | Maintenance of new and existing fencing
 | Own costs of preparing and executing the agreement
 | Payment of rates and charges payable in respect to that land (including land tax, municipal rates, sewerage and water rates etc)
 | Ensure that stock are excluded from the land (unless a permit for grazing is obtained from the Grantee)
 | Keep the Grantee informed of any matter which is known to them that may threaten or cause damage to the trees
 | Allow the grantee to have free vehicular access to the land and trees
 | Allow the grantee access to water for plantation weed and insect control, firebreak grass control and seedling watering prior to planting
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