Source to sea - Terms and Conditions
For landowners receiving Halo Project Source to Sea habitat restoration assistance
The following terms and conditions apply to restoration projects funded and resourced by the Halo Project Source to Sea:
Definitions
The Landscape Connections Trust (LCT) is a Dunedin-based conservation trust established in 2011. The LCT’s primary role is to support the planning, administration, fundraising, development and implementation of a variety of environmental projects.
The Halo Project is LCT’s primary environmental project. Source to Sea is one component of the Halo Project aiming to restore forest habitat, wetlands and waterways.
‘Assistance’ refers to any funds or resources used by the Halo Project to deliver Source to Sea habitat restoration work.
‘Landowner’ refers to the recipient of Source to Sea assistance. The individual or group accepting the agreement, terms and conditions must be the designated land manager or the landowner.
Funding allocation and decision making
All site selection and cost-sharing/ co-funding contribution decisions will be made using the Halo Project prioritisation process, site ranking tool and co-funding model.
Due to the limited pool of money available, LCT reserves the right to cap the amount of assistance allocated to any one property or landowner.
The co-funding/cost-sharing ratio for sites may range between 90:10 and 40:60 (LCT:Landowner)
LCT has a benchmark rate for fencing. Some fencing operations may be more expensive. This may affect the co-funding ratios and will be subject to negotiation.
Protection
The Landowner will not harvest or clear fell plantings.
The Landowner will be encouraged to apply for formal protection of high value sites (covenant). The Halo Project will support this process where possible.
The Landowner shall not permit stock to graze the restored area. It is acknowledged, however, that the Landowner may permit stock to temporarily pass through a passage way crossing part of the area if such a passage way is adequately fenced.
Access
The Landowner will give access to staff of the Halo Project for three years for the purpose of fencing, planting, monitoring, and maintaining the restoration site. In all cases the applicant will be notified in advance of a proposed visit to arrange a suitable time for access.
Halo Project staff have the right to visit any project for inspection prior to making any payments to contractors or to the Landowner, or for promotional purposes where assistance has been given. In all cases the applicant will be notified in advance of a proposed visit to arrange a suitable time for access.
Halo Project staff reserves the right to undertake, engage or give authority to a third party to undertake a review or audit of the spending of the funding and the delivery of the activity or project that relates to the funding. The Landowner agrees to cooperate with any such review and provide access to persons, places and information as requested.
Costs
All figures outlined in the restoration plans and landowner agreements are exclusive of GST.
Any repairs to fencing beyond the 3 year maintenance period for planting will be at the cost of the Landowner.
Fencing, planting, maintenance and monitoring costs will be estimated for each restoration site. Components of the restoration plans will be identified for payment by A) The Halo Project and B) Landowner.
To allow reasonable assessment of Landowner contributions made, Landowners must provide evidence of their contributions. Copies of original invoices and/or receipts for all purchases, and logs of labour are to be provided, with the applicant’s contributions clearly identified.
The value of in-kind labour will be calculated using a rate of $24/hour.
The Landowner will keep a record of all hours spent on in-kind labour and resources and will supply this to The Halo Project staff on request.
Landowners will help to ensure that resources are used in the most cost-effective manner to derive the maximum benefit from the funded activity or project and to enable the total pool of funding available to be distributed as widely as possible across different Landowners.
LCT will pay contractor costs and associated invoices directly. Landowner contributions to contractor costs will be presented as invoices between LCT and the landowner. Any invoices are payable by 20th of the following month, when submitted by the 30th of the month preceding.
50% of agreed landowner contribution for fencing costs will be invoiced to the landowner on the day that fencing operations begin. The remaining 50% will be invoiced on fencing completion. Any invoices are payable by 20th of the following month, when submitted by the 30th of the month preceding.
Payment schedules for the landowner contribution for planting, monitoring and maintenance costs will be developed with each landowner and will be detailed in the landowner agreement.
Acknowledgement
The Halo Project may supply an interpretive sign to be erected at a visible area to acknowledge the contributions made by the Halo Project and their funders for the duration of the maintenance/ monitoring schedule.
The Halo Project staff may supply a small plaque to be permanently installed at the restoration site to acknowledge the contribution made by The Halo Project.
The Halo Project staff will discuss with Landowners before using their names, photos and other details in any publications, financial reports or marketing/ communication activities about the restoration project.
If requested, Landowners must publicly acknowledge the funding provided by the Halo Project in any financial statements or reports and where possible, in any publicity material.
Scope
The purpose of The Halo Project assistance is to support ‘on the ground’ activities directly benefitting habitat restoration, education thereof and advocacy.
The individual or group accepting the agreement and terms and conditions must be the designated land manager, or the landowner.
The Halo Project contributions are for funding tangible goods and services e.g. plants, fertiliser, plant shelters, carpet squares or similar, herbicide for weed management, PPE, labour, transport and fencing costs.
Landowner contributions can be cash or in-kind and can include tangible goods or actions within the restoration plan e.g. weed management, removal of old fence lines, planting, maintaining plants or transport.
Any fencing activities completed by the fencing contractor, for the Landowner, and not specifically written into the restoration plan by The Halo Project, will not be paid for by The Halo Project.
Restoration plans must be signed by both parties prior to work starting. The Halo Project contributions will only be paid for costs that are outlined in the agreed restoration plan.
Variations/ Termination
Variations to the estimated budget will be discussed and agreed to by all parties. Changes to any cost will be split in accordance with the cost ratio stated within the signed Restoration Plan. For example, if the two parties (The Halo Project and Landowner) have agreed on a 70:30 cost split, and the fencing cost decreases or justifiably increases in price from the estimate, then the cost difference will be split between the Landowner and The Halo Project in accordance with the agreed cost-split.
A failure by the Landowner to follow any of the terms and conditions set out in the agreement may result in the Landowner being subject to claims from LCT for repayment for funding and resources. Debt collection services may be used.
Additional conditions specific to individual agreements may be imposed at the discretion of The Halo Project staff.
The Halo Project and Landowners must notify and agree with each other prior to any variation to the agreed use of the assistance or change to the restoration plan.
The Landowner agrees to notify The Halo Project staff immediately if for any reason it is not possible to complete the project.
If in the sole discretion of The Halo Project a variation is not deemed appropriate, or a funded activity or project cannot be completed, The Halo Project staff shall notify the Landowner and the Landowner may be required to return a portion or all funding to LCT as required.
Health and Safety
Landowners and The Halo Project staff shall comply with all relevant legislation in the delivery of funded activities, including the Health and Safety at Work Act 2015. The Halo Project staff may request Landowners provide information to show that all relevant legislation has been followed including appropriate health and safety plans.