Below are a list of Frequently asked Questions and Answers.
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Trust for Nature manages a unique Revolving Fund to purchase significant native habitats. Bush properties are purchased by Trust for Nature and then on-sold with a conservation covenant on the title to a caring new owner. The money raised from the sale is used to purchase further properties for conservation. In this way the fund revolves in perpetuity. Trust for Nature's successful Revolving Fund is the model now being adopted by other states in Australia. Bequests and major donations that are given for land purchases have ensured the fund is a sustainable and easily managed tool for preserving some of our most precious habitat.
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Trust for Nature's Conservation Covenant program permanently protects private land of high conservation value and monitors these areas over time. The Stewardship Program works alongside the Conservation Covenant program. Once a covenant is registered on a property's title, a Trust for Nature representative meets with the landholder on-site to discuss future land management of their covenant.
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Visits maintain links with covenantors and help provide ongoing information on land management. They monitor the overall health of the remnant vegetation, document any changes to the covenanted area, identify any threats and assist landowners to address these trends.
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Trust for Nature aims to visit each covenant at least once every three years. Some covenants require more frequent visits. When a covenant changes ownership, Trust for Nature will visit the property to meet the new owner and help explain the terms of the covenant and links with Trust for Nature.
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Trust for Nature receives some Federal Government funding for its Stewardship Program but relies on the general public's generous donations to continue this important service. Please consider a donation to Trust for Nature's Stewardship Program Fund today.
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A Conservation Covenant is a permanent, legally-binding agreement placed on a property's title to ensure bushland on the property is protected forever. The agreement is voluntary, negotiated between Trust for Nature and each individual landholder. Trust for Nature achieved its first Conservation Covenant in 1987. Trust for Nature now has more than 1000 Conservation Covenants, protecting more than 44,000 hectares across Victoria.
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Trust for Nature covenants land of high-conservation significance. The property may form part of an important wildlife corridor, or act as a buffer to a neighbouring State or National Park. The Trust for Nature Board of Trustees consider each covenant and take into account factors such as the diversity of native flora and fauna, the presence of rare and endangered species, the size and shape of the area, weed infestation and the management required to maintain the ecological integrity of the site.
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Once established and through its deed a covenant lasts in perpetuity. Covenants are placed on a property's title so remain regardless of any change in property ownership. Only in extreme and highly unusual circumstances will a Conservation Covenant be removed.
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Trust for Nature will only consider changes to the terms of a Conservation Covenant if the changes improve the land's conservation values or do not threaten these features. As part of Trust for Nature's Stewardship Program, management plans are developed for covenanted land that is reviewed on average every three years.
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Currently, the legal costs of an individual's Conservation Covenant are born by Trust for Nature. Commercial Conservation Covenants are negotiated on a case-by-case basis. Landholders can also access a range of services through Trust for Nature to help develop the covenant such as rate rebates or fencing incentives. If the covenant decreases the value of the property, the landholoder may be eligible for a tax deduction. If this is the case a valuation must be carried out by the Australian Valuation Office.
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It varies. Rating authorities may re-value or re-zone the property if a Conservation Covenant has been placed on the title. If the value or zoning of your property varies due to the covenant, then the applied rates may vary. Land taxes may also be affected if the land is no longer zoned for primary production. Before entering into the covenant, a landholer should check with their local council. Some municipalities offer general property or water rate reductions for covenanted properties.
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It depends. In some instances a Conservation Covenant has no effect on the value of a property since land use is generally unaltered. In some areas, covenanting may lead to an increase in the value of the land because of the superior land management practices that often result. If the estimated market value of the land decreases by more than $5000 a a result of the covenant, the landholder might be eligible for an income tax deduction. This deduction can be apportioned over five years. More information is available from Trust for Nature and the Australian Taxation Office.
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Covenants are voluntary so the landholder continues to own and manage their land. Trust for Nature provides expert management advice through the Stewardship Program. This advice includes flora and fauna management and weed and pest animal control. Trust for Nature's Stewardship Program can also direct landholders to grants and incentives to help manage their properties.
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The terms of a Conservation Covenant require the landholder to inform Trust for Nature if the property is sold, but appreciates prior warning of their intention to sell. Buyers need to be made aware of the covenant during the sale process to ensure they make an informed decision. Once the land has been sold, Trust for Nature will contact the new owners to familiarise them with the terms of the covenant. Ongoing visits from Trust for Nature ensures the land continues to be appropriately conserved in perpetuity.
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If a landholder has a mortgage or other encumbrance over the property, they should first talk to their bank or mortgage provider. Some banks may not allow a covenant on a property while it is mortgaged. Generally, this only happens if the estimated value of the property is expected to fall significantly. Evidence that similar properties have not fallen in value as a result of a covenant may help in negotiations with a bank.
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Trust for Nature has developed a policy for Conservation Covenant breaches, but does everything in its power to avoid any changes to the deed of covenant or legal action. If a breach has occurred the matter is usually resolved through negotiation and mutually agreed actions.
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Every covenant is unique. Some Conservation Covenants cover the whole of the property, some only part of a property. But all covenanted properties have an area of protected land where remnant vegetation is protected by stringent conditions. Other covenants may also have an area of modified land or farmland which have fewer restrictions. Most covenants have a domestic area for a dwelling and related outbuildings.
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Yes, in most cases. Covenants can allow for a dog or poultry. Cats are usually prohibited because they stray at night and kill native wildlife. Exisiting cats are allowed to remain until they die, provided they are kept indoors at night.
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Yes. Fire prevention is necessary to protect assets. Trust for Nature provides advice and is happy to work with landholders and CFA representatives to balance conservation needs with protection from bushfires. Trust for Nature recommends landowners to become acquainted with fire danger ratings that will be broadcast over the fire danger period. We advocate that responses by landowners are consistent with the advice provided by CFA (refer to CFA website). For information relating to vegetation management around homes please seek the advice of your regional manager. Click on the 'Contact Us' page.
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Most Conservation Covenants require that stock be completely excluded and fenced out from natural areas. But some exceptions can be made. For example, grazing may be used as a land management tool for grassland communities or in farming areas there may be provisions for short term access for shelter during severe weather alerts.