Funding Agreement - Part A - Project Specific Terms and Conditions - Biodiversity Fund – Northern Australia Targeted Investment page 1

1.1 Components of this Agreement
This Agreement is comprised of:
(a) Part A – these Project specific terms and conditions, the execution page and any applicable map;
(b) Part B, Version 2.0 – the standard terms and conditions that apply to funding by the Department and which are available at www.environment.gov.au/cleanenergyfuture ; and
(c) Part C, Version 1.0 – Program specific terms and conditions that apply to the
Biodiversity Fund – Northern Australia Targeted Investment: 2013-2014 and which are available at www.environment.gov.au/cleanenergyfuture .
1.2 Defined terms
Unless the contrary intention is expressed, capitalised terms in this Part A are defined at the front of either Part B or Part C.
Item
No.
2.1
2.2
2.3
Description
Department details
Department
Representative
Recipient details
Clause reference
Details
1 Commonwealth of Australia as represented by the
Department of Sustainability, Environment, Water,
Population and Communities
ABN 34 190 894 983
1
1
Position: [ insert title ]
Phone: [ insert phone number ]
Fax: [ insert facsimile number ]
Email: [ insert email ]
[ Insert name of Recipient ]
[ Insert ABN of Recipient ]
2.4 Recipient
Representative
1
2.5 Site details 23
Name: [ insert name ]
Position: [ insert position ]
Phone: [ insert phone number ]
Fax: [ insert facsimile number ]
Email: [ insert email ]
The exact locations of Sites are as specified in the
Project MERI Plan.
Funding Agreement - Part A - Project Specific Terms and Conditions - Biodiversity Fund – Northern Australia Targeted Investment
LEX ID 187 page 2

Item
No.
2.6
2.7 Exclusion from a perpetual
Creative
Commons
Attribution
Licence (CC-BY
3.0)
11.2
2.8
2.9
Description
GST
Confidential
Information
Insurance
Clause reference
Details
7.3 and
7.5
Note: If you are not sure whether the Recipient is a Government Related Entity please contact the
Legal Section. If you are unsure if the Recipient is registered for GST, please contact the Finance
Section.
The Recipient is / is not [ delete one ] a Government
Related Entity.
The Recipient is / is not [ delete one ] registered for
GST.
13
16
Note: The Recipient is required to make all Project
Material (which includes Third Party Material) perpetually available under a Creative Commons
Attribution Licence (which allows third parties to distribute, amend etc provided the author is credited for the original creation), except for the
Project Material specified below. For example, if there are no exceptions to this requirement, select
Option 2 below and delete Option 1.
[ Option 1 ]
Clause 11.2(a) does not apply to the following Project
Material: [ insert description ].
[ Option 2 ]
None specified.
Department's Confidential Information: [ Department to insert any confidential information of the
Department, otherwise insert ‘Not applicable’.
]
Recipient's Confidential Information: [ insert any confidential information described by the
Recipient and that the Department agrees should be considered confidential , otherwise insert ‘Not applicable’.
]
As at the Commencement Date:
(a) to the extent required by Law, workers’ compensation insurance in respect of the
Recipient’s liability for any loss or claim by a person employed or otherwise engaged, or deemed to be employed or otherwise engaged, by the Recipient in connection with the Project; and
(b) public liability insurance covering legal liability
(including liability assumed under contract) for loss or damage to property or injury or death to persons arising out of or in connection with carrying out the Project for an insured amount
Funding Agreement - Part A - Project Specific Terms and Conditions - Biodiversity Fund – Northern Australia Targeted Investment
LEX ID 187 page 3

Item
No.
Description
2.10 Address for notices
Clause reference
Details of $10 million per occurrence and not less than $20 million in aggregate.
[ Note: The insurance amounts above may be subject to some negotiation with individual
Recipients for certain high/low risk projects. A risk assessment is required for Projects over $10 million in value, and the required insured amount should be at or above the Project’s value.
]
20 Department:
Position: [ insert title ]
The Department of Sustainability, Environment,
Water, Population and Communities
Postal address: GPO Box 787, Canberra, ACT, 2601
Physical address: John Gorton Building, King Edward
Terrace, Parkes, ACT, 2600
Email: [ insert email ]
Recipient:
Name: [ insert name ]
Position: [ insert position ]
Postal address: [ insert postal address ]
Physical address: [ insert physical address ]
Fax: [ insert facsimile number ]
Email: [ insert email ]
3.1 Project title
[ Insert Project title as stated on the cover page.
]
3.2 Project ID
[ Insert a Project ID.
]
3.3 Project description
[ Insert a description of the Project including the intended impact of the project and how it relates to the Program Outcome. The impact occurs as a result of achieving the Project Outcomes.
]
3.4 Project Outcomes
[ Insert a description of the overall result that the Project is expected to deliver. E.g. “Establish and manage X hectares of mixed native species plantings at [insert location ]”. The Project Outcomes should be attainable (i.e. within the direct influence of the Recipient) and expressed in a measurable way.
]
Funding Agreement - Part A - Project Specific Terms and Conditions - Biodiversity Fund – Northern Australia Targeted Investment
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3.5 Project Activities
[ Insert a list and high level description of activities essential to the achievement of the Project Outcomes without which this Project would most likely not have been granted the Funds. These activities should be of such significance that non-delivery may result in the Department terminating this
Agreement or requiring the repayment of Funds.
]
3.6 Ongoing Project maintenance
[ Insert a description of any ongoing Project maintenance activities having regard to the Recipient’s application.
]
3.7 Additional requirements
[ Insert other requirements that apply specifically to this project and are not already covered elsewhere in Part A, Part B or Part C of this Agreement, such as requirements for Projects that will undertake construction or will involve working with vulnerable persons such as children or disadvantaged persons.
All insertions here must be reviewed and cleared by the Legal Section.
Otherwise state “None specified.” ]
The Project Period commences on the Commencement Date and ends no later than [ insert Project Period end date ].
5.1 Maximum amount of Funds
The maximum amount of approved Funds payable by the Department under this
Agreement will be $[ insert total Funds (ex GST) ] (exclusive of GST).
5.2 Payment
The Funds will, subject to clause 6.1, be paid within 30 days of each payment
Milestone date specified in the Milestone Schedule.
5.3 Annual allocation of Funds
Annual allocation of Funds (GST exclusive)
2013/14
Department
Funds
[ Insert amount ]
2014/15
[ Insert amount ]
2015/16
[ Insert amount ]
2016/17 2017/18
[ Insert amount ]
[ Insert amount ]
TOTAL (GST exclusive)
[ Insert amount ]
Funding Agreement - Part A - Project Specific Terms and Conditions - Biodiversity Fund – Northern Australia Targeted Investment
LEX ID 187 page 5

No. Milestone Milestone date (the Milestone must be completed on or before this date)
Commencement Date 1 Signing of Agreement by the Department
2 Delivery of draft Project
MERI Plan and Project
Budget to the Department
[ insert date ]
Instalment amount
(excluding GST)
[ Insert amount
(if any) ]
Not applicable
3 Approval of Project MERI
Plan and Project Budget by the Department
[ insert date ] [ Insert amount
(if any) ]
4 Delivery of the mid-year / end-of-year [ delete one ] progress report for the
[ insert financial year ] financial year to the
Department as specified in clause 36.4
[
[ Choose one of the two Options below and delete the other.
]
Not applicable
Option 1: for delivery of the mid-year progress report
1 February [ insert year ]
]
[ Note: Repeat this
Milestone TWICE every year: once for the midyear progress report and once for the end-of-year progress report ]
[ Option 2: for delivery of the end-of-year progress report ]
1 August [ insert year ]
5 Acceptance of the midyear / end-of-year [ delete one ] progress report for the [ insert financial year ] financial year by the
Department
[ Note: Repeat this
Milestone TWICE every year.
]
[ Choose one of the two Options below and delete the other.
]
[ Option 1: for acceptance of the mid-year progress report ]
[ Insert amount
(if any) ]
15 February [ insert year ]
[ Option 2: for acceptance of the end-of-year progress report ]
15 August [ insert year ]
6 Delivery of pre-end-offinancial-year project status notice as at 31 May
[ insert year ] to the
Department as specified in clause 36.3
15 June [ insert year ]
[ Note: Repeat this
Milestone ONCE every year.
]
Not applicable
Funding Agreement - Part A - Project Specific Terms and Conditions - Biodiversity Fund – Northern Australia Targeted Investment
LEX ID 187 page 6

No. Milestone Milestone date (the Milestone must be completed on or before this date)
7 Delivery of the financial report for the [ insert financial year ] financial year to the Department as specified in clause 36.5
[ Note: Repeat this
Milestone ONCE every year.
]
1 September [ insert year ]
Instalment amount
(excluding GST)
Not applicable
8 Acceptance of the financial report for the
[ insert financial year ] financial year by the
Department
[ Note: Repeat this
Milestone ONCE every year.
]
15 September [ insert year ] [ Insert amount
(if any) ]
9 Delivery of final report and financial report to the
Department as specified in clauses 36.4 and 36.5
Within 40 Business Days after the end of the Project Period or the earlier termination of this
Agreement
Not applicable
TOTAL (GST exclusive) [ Insert total amount identical to Item 5.1
]
(a) The total amount of the Recipient’s Contributions and / or Other Contributions is $[ insert amount ] (exclusive of GST) and must be paid in accordance with the Project Budget.
(b) The types and amounts of the Recipient's Contributions and the sources, types and amounts of the Other Contributions must be fully set out in the
Project Budget. [ Note: If there will not be a Project Budget, this information should be included here along with the due dates for each payment.
]
Funding Agreement - Part A - Project Specific Terms and Conditions - Biodiversity Fund – Northern Australia Targeted Investment
LEX ID 187 page 7

[ Note: This Project Budget will be heavily tailored to each Project, and some
Projects may not require a Project Budget, depending on payment schedules.
The below example contains the minimum amount of information required by
Part C to be included in a Project Budget, if any.
]
8.1 Funds granted/contributed
Payer
Department
Recipient Contributions
Other Contributions from [ insert name of contributing entity or “No Other Contributions” ]
Amount (GST exclusive)
[ insert amount ]
[ insert amount, or “$0” ]
[ insert amount, or “$0” ]
TOTAL (GST exclusive) [ insert total ]
8.2 Planned expenditure
[ Note: Please list the expenditure items and amounts for each item. The total amount should add up to the sum of the Funds, Recipient Contributions, and any Other Contributions.
]
[
[
[
[
[
Use by date
[ insert date ] Monitoring and reporting insert date insert date insert date insert date etc.
]
]
]
]
]
[
[
[
[
Expenditure item activities
Project administration
Insert expenditure item
Insert expenditure item
Insert expenditure item etc.
]
]
]
]
Amount (GST exclusive)
[ insert amount approved by the
Department, or “$0” ]
[ insert amount approved by the
Department, or “$0” ]
[ insert amount used for this item , or “$0” ]
[ insert amount used for this item , or “$0” ]
[ insert amount used for this item , or “$0” ]
[ etc.
]
TOTAL (GST exclusive) [ insert total ]
8.3 Assets (if any)
Date approved by Department
Date of expected acquisition
[ insert date ]
Description of Asset
[ insert date ] [ Insert description, including technical specifications (if any) and other identifying information ]
Value
Up to [ insert maximum purchase price ]
Funding Agreement - Part A - Project Specific Terms and Conditions - Biodiversity Fund – Northern Australia Targeted Investment
LEX ID 187 page 8

Date approved by Department
Date of expected acquisition
[ etc.
] [ etc.
] [
Description of Asset etc.
]
Value
[ etc.
]
TOTAL (GST exclusive) [ insert total ]
Funding Agreement - Part A - Project Specific Terms and Conditions - Biodiversity Fund – Northern Australia Targeted Investment
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EXECUTED as an agreement
DEPARTMENT SIGNATURE BLOCK
SIGNED for and on behalf of the
Commonwealth of Australia as represented by the Department of
Sustainability, Environment, Water,
Population and Communities ABN 34
190 894 983 by a duly authorised representative
Name of authorised representative (print) Name of witness (print)
Signature of authorised representative
Date
Signature of witness
Date
RECIPIENT SIGNATURE BLOCK
Note: Select and complete the appropriate execution block for the legal entity you are contracting with from the list below and delete the rest. Each Agreement should be sent out to the successful applicant with the appropriate signature block already selected and all others deleted. Where an entity is signing as a trustee of a trust, contact the Legal Section for the appropriate execution clause.
[ For an individual ]
SIGNED by [ insert name of individual
(i.e. Joe Bloggs) ]
Signature in the presence of
Date
Signature of witness
Name of witness (print)
Date
Funding Agreement - Part A - Project Specific Terms and Conditions - Biodiversity Fund – Northern Australia Targeted Investment page 10

[ For a company with multiple directors ]
SIGNED by [ insert name of company and ABN (i.e. Smith Plantings Pty Ltd
ABN 12 123 123 123) ] in accordance with section 127 of the Corporations Act 2001
(Cth) by
Name of Director (print) Name of Director / Company Secretary (print)
Signature of Director Signature of Director / Company Secretary
Date Date
[ For a company with a sole director ]
SIGNED by [ insert name of company and ABN (i.e. Smith Plantings Pty Ltd
ABN 12 123 123 123) ] in accordance with section 127 of the Corporations Act 2001
(Cth) by
Name of Sole Director / Company
Secretary (print)
Name of witness (print)
Signature of witness Signature of Sole Director / Company
Secretary
Date Date
Funding Agreement - Part A - Project Specific Terms and Conditions - Biodiversity Fund – Northern Australia Targeted Investment
LEX ID 187 page 11

[ For a partnership or an association of more than several (i.e. 2-3) partners / members or an NRM organisation or state agency ]
SIGNED for and on behalf of [ insert name of entity and ABN (i.e. Smith and
Sons ABN 12 123 123 123) ] by a duly authorised representative who warrants that they have the authority to sign this
Agreement on behalf of [ insert name of entity (i.e. Smith and Sons) ] in the presence of:
Name of authorised representative (print) Name of witness (print)
Signature of authorised representative Signature of witness
Date Date
Funding Agreement - Part A - Project Specific Terms and Conditions - Biodiversity Fund – Northern Australia Targeted Investment
LEX ID 187 page 12

[ For a partnership of several (i.e. 2-3) individuals ]
SIGNED for and on behalf of [ insert name of partnership and ABN (i.e. Alan
J Smith and Mary J Smith ABN 12 123
123 123) ] by:
[ insert name of partner i.e. Alan J Smith ] in the presence of
Signature
Date
Signature of witness
Name of witness (print)
Date
[ insert name of partner i.e. Mary J Smith ] in the presence of
Signature Signature of witness
Date Name of witness (print)
Date
Funding Agreement - Part A - Project Specific Terms and Conditions - Biodiversity Fund – Northern Australia Targeted Investment
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