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Memorandum of Understanding Between Council (ABN 8107150240) of 76 McBride Avenue, Wonthaggi Vic 3995, and Cardinia Shire Council (ABN 3220906807) of Siding Avenue, Officer Vic 3809, and Casey City Council (ABN 43320295742) of Magid Drive, Narre Warren Vic 3805, and Frankston City Council (ABN 49454768065) of cnr Young and Davey Streets, Frankston Vic 3199, and Shire Council (ABN 53159890143) of Besgrove Street, Rosebud Vic 3939. (together “the Councils”) And Mornington Peninsula and Western Port Biosphere Reserve Foundation Ltd (ABN 15 107 484 408) (“the Biosphere Foundation”)

Background The Mornington Peninsula and Western Port Biosphere Reserve (the Biosphere Reserve) was nominated as a result of a community initiative and was designated under UNESCO’s Man and the Biosphere Program in November 2002. This designation recognises the area’s exceptional ecological values on the fringe of an expanding city. The Biosphere Reserve includes the whole of Mornington Peninsula Shire, parts of Bass Coast Shire, Cardinia Shire, and City of Frankston and the unincorporated areas of and Western Port. The Mornington Peninsula and Western Port Biosphere Foundation Ltd (the Biosphere Foundation) was formed in 2003 with a charter to guide the management of the Biosphere Reserve and the observance of international obligations implement the requirements of the UNESCO’s Man and The Biosphere program The Foundation works with its community, partners and stakeholders to create a sustainable future for the region - environmentally, socially, and economically. In line with its Constitution, the

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Biosphere Foundation achieves this through research, education, community engagement and on- ground conservation efforts. In accordance with the principles of the UNESCO Man and the Biosphere Program, the Biosphere Reserve is intended to fulfil three complementary functions: o conservation function—to preserve genetic resources, species, ecosystems and landscapes o development function—to foster sustainable economic and human development o logistic support function—to support demonstration projects, environmental education and training, and research and monitoring related to local, national and global issues of conservation and sustainable development. As defined in the Local Government Act, the role of councils covers many activities that influence and impact the local environment. This includes acting as s the local planning authority, manager of reserves, foreshores, parks and open space, as well as the operator of community infrastructure. Local government responds to local community needs and has the unique opportunity to be leaders by building community awareness and encouraging sustainable behaviour through education and promoting change in the way we use and care for the environment. The Councils understand that to protect the environment and encourage sustainable development, we need to work closely with our partners and community. Shared goals of the organisations include: • Protection of the natural resource base of the Biosphere Reserve; • Promotion and implementation of activities that protect biodiversity and encourage sustainable land use and development, eco-tourism, sustainable agriculture, conservation, education, research and community involvement; and • Support for the adoption of environmental best management practices to reverse land and water quality decline through action, knowledge and skills.

Purpose of the Memorandum of Understanding The Biosphere Foundation and the Councils share the view that the partnership is mutually beneficial ensuring continuity and integration of programs and projects, and improving the potential to achieve the sustainability objectives of each organisation. The key objective of this Memorandum of Understanding (MoU) is to recognise the commitment of the parties to work collaboratively to achieve the common goals and objectives in the Biosphere Foundation Charter and respective council plans. This MoU describes the relationships, responsibilities and funding commitment that support the collaborative working arrangements between the Biosphere Foundation and the Councils.

Scope The Biosphere Foundation and the Councils understand: • That this MOU provides a formal mutually beneficial framework to work collaboratively;

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• That nothing in this MOU is intended to replace or override any existing arrangements between the Biosphere Foundation and the respective councils. The intention of this MOU is to further strengthen the relationship between the parties; • It is not the intention that this MOU will create a legal relationship between the Biosphere Foundation and the respective councils. Nothing in this agreement will be construed or implied to constitute a contractual arrangement, joint venture association, partnership, principal and agent association or any other relationship of which one party may be liable for the acts or omissions of the other; • That nothing in this MOU is intended to restrict the Biosphere Foundation and the respective councils in discharging their responsibilities to their respective stakeholders, and • That the Biosphere Foundation and each of the respective councils will nominate a Councillor delegate and a council officer as the principal contacts for discussion in relation to the activities under the MOU.

Commitments The Councils will:  Jointly provide a minimum of $100,000 to the Biosphere Foundation for the 2017/18 financial year. This funding is to be used to assist in operations and leveraged as seed funding for grant opportunities. This funding is to be divided equally unless otherwise agreed between the five councils (i.e. $20,000 per council). Where a council exits the MoU, the combined council funding commitment will decrease proportionately eg 4 councils = $80,000;  Review future funding annually against each of the Key Performance Indicators (KPI’s) and identified measures in Annexure 1, aligning the Biosphere Reserve Strategic Plan with relevant council plan strategies (subject to future Council budgets, and indexed annually against the State Government imposed local government rate cap);  Actively participate in the bi-monthly Council Liaison Committee, meetings with one (1) council representative from the Committee to sit as a voting member on the Biosphere Foundation Board;  Contribute data to the annual report card produced by the Biosphere Foundation, sharing the story of the Western Port Biosphere, as a communication tool.

The Biosphere Foundation will:  Provide an annual report including a value statement demonstrating funds/projects leveraged from the Council’s contribution to the Biosphere Foundation, works undertaken to retain and build ongoing financial membership and social capital in the Biosphere Foundation activities, and demonstrating solvency;  Build collaboration and partnerships to facilitate projects and programs that are beneficial to the region;

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 Develop a communications and engagement strategy to promote and increase the brand profile of the Biosphere Reserve;  Develop a plan to attract and retain a broader financial membership base;  Actively seek external funding to deliver the Western Port Biosphere Strategic Plan 2016- 2020, implement the annual Business Plan and build capacity of the organisation;  Generate a return on investment through implementation of projects and programs that demonstrate value for the Biosphere Reserve and promotion of the region.  Provide a progress report annually against each of the Key Performance Indicators (KPI’s) and identified measures in Annexure 1, aligning the Biosphere Reserve Strategic Plan with relevant council plan strategies.

Ongoing works between both parties will include:  Acknowledgement of the partnership in relevant publications and social media platforms.  Appropriate use of the organisations logo, seeking permission when required.  Representatives of the Biosphere Foundation Board and the Councils, including Councillors and Chief Executive Officers (CEOs) will meet at least once a year or more frequently as agreed.  Conducting operations that exhibit good stewardship of the environment and contribute towards sustainability.  Measure and monitoring on-ground works and projects annually to report against each of the Key Performance Indicators (KPI’s) and identified measures in Attachment 1, aligning the Biosphere Reserve Strategic Plan with relevant council plan strategies.

Information sharing The parties must, and must ensure that their officers, agents, employees and contractors:  treat as confidential all Confidential Information to which it has access or which is disclosed to it for any purpose;  only use the Confidential Information for the purposes described herein;  not allow any other person access to the Confidential Information;  not copy or reproduce the Confidential Information (in whole or in part) without the approval of the owning party (except as may be reasonably necessary for the purposes of this MOU); and  immediately notify the owning party where the recipient is aware of a breach of this clause. Confidential Information means information that is by its nature, confidential, or which a party ought reasonably to know is confidential, or a party has designated as confidential.

Modification and termination This MoU may be amended if mutually agreed upon. Such changes shall form a written addendum to the MoU, signed by both parties. The MoU addendum will become effective when signed by all parties.

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The MoU can be reviewed at the request of a council or the Biosphere Foundation. The MoU may be terminated by any party providing thirty (30) days written notice to the other parties. Terminating members are not eligible for a refund of membership.

Dispute Resolution Where required:  The Councils agree to notify each other in writing, via email or letter of any problems or issues as they arise, and agree to consult in good faith to determine any unresolved disputes in order to achieve the objectives of this MoU.  The bi-monthly Council Liaison Committee meeting is the forum where disputes are to be discussed and resolved between the Councils. Additional meetings may be convened where required.  When the dispute involves the Biosphere Foundation, the Council Representative from the Council Liaison Committee will lead the discussions on behalf of the Councils with the Biosphere Foundation.  All parties agree to meet within a reasonable timeframe where a dispute has arisen with a view to resolving it.  When a dispute cannot be resolved to the satisfaction of all parties and within a reasonable time, an independent mediator may be appointed by agreement, to assist reaching an agreement to resolve the dispute.  Should mediation fail to result in a resolution within a 10 day timeframe, and should all parties hold reasonable opinion that this MoU was significantly breached, the Councils and/or the Biosphere Foundation may then decide to terminate this Agreement. Any decision to terminate this Agreement will then be conveyed in writing. Commencement and Review The Memorandum of Understanding will commence on the date signed and remain valid until 30 June 2021. A formal review of the MoU will be conducted prior to its expiration. Executed by the parties on July 2017, for and on behalf of:

Paul Buckley, PSM Garry McQuillan

Chief Executive Officer Chief Executive Officer

Executed for and on behalf of the Executed for and on behalf of the Bass Coast Shire Council Cardinia Shire Council

ABN 81 071 510 240 ABN 32 210 906 807

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Mike Tyler Carl Cowie

Chief Executive Officer Chief Executive Officer

Executed for and on behalf of the Executed for and on behalf of the Casey City Council Mornington Peninsula Shire Council

ABN 43 320 295 742 ABN 53 159 890 43

Dennis Hovenden Duncan Malcolm

Chief Executive Officer Chair

Executed for and on behalf of the Executed for and on behalf of the Frankston City Council Mornington Peninsula and Western Port Biosphere Reserve Foundation Ltd

ABN 49 454 768 065 ABN 15 107 484 408

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ANNEXURE 1 Key Performance Indicators (KPI’s) and identified measures aligning the Biosphere Reserve Strategic Plan with relevant Council Plan strategies.

Strategic Goal 1. - Foster conservation at the interface between ecosystems and human activity

Council Plan Strategic Action Biosphere Priority Action Biosphere Target Actions (KPI)

• Preserve and improve our bushland and natural Develop the next stage of the Further Growing Connections projects environment by implementing weed management Growing Connections project. scoped, funded and commenced. strategies and programs and continuing activities on high conservation bushland reserves and roadsides (3.3.8 Increase in revegetation projects initiated by Cardinia). the Biosphere and commenced within • Manage agricultural land use by supporting farmers to strategic biolink areas. utilise sustainable farming practises (3.3.9 Cardinia). Increase in planting days where the • Ensure the ongoing protection and enhancement of Biosphere has partnered with Landcare, natural assets including open space, vegetation, waterways Coastal Actions and other community and ecological systems (5.5 Casey). groups (e.g. friends of groups). • Maintain 70% of the Mornington Peninsula as green wedge Delivery of priority actions in the Predator (Mornington Peninsula). Control Strategy. • In conjunction with the community and our partners protect, enhance and promote the conservation values of the Peninsula including protection of natural environment, wetlands and estuaries, native vegetation and habitat (Mornington Peninsula), threatened species, ecological Attachment communities and biolinks

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• Actively manage roadside vegetation and implement verge maintenance programs (Mornington Peninsula)Enhance our environment and landscape with vegetation and native wildlife protection initiatives (Bass Coast)

• Protect and improve biodiversity by increasing the area of Participating in the Facilitate community activities that deliver natural ecosystems across the Shire (3.3.7 Cardinia). and Western Port Catchment agreed outcomes and targets • Promote water catchment management practices that Management Authority’s improve the quality of our waterways (3.3.6 Cardinia). ‘Protecting the ecological • Develop a Biodiversity Conservation Plan (Mornington values of the Western Port Peninsula) Ramsar site’ project

Strategic Goal 2. - Promote social and economic development in harmony with the Biosphere

• Partner with our community to protect and enhance the Engaging the community 10 + interactive community sessions and unique character of our townships, open spaces and rural through participating in social events held. landscapes (Bass Coast). and cultural events. 10 + new positive partnerships established • Promote initiatives by the community and Council that with the community. connect and strengthen our communities (2.3.1 Cardinia).

• Implement the Municipal Public Health and Wellbeing Plan Achieving an improved public Develop a communications and engagement Mornington Peninsula). profile, strengthened strategy, including social media to promote • Increase focus on eco-tourism (Bass Coast). reputation and awareness for and increase the brand profile of the • Develop awareness and encourage involvement of the our Biosphere Foundation Biosphere Reserve. community in the preservation and improvement of the including education, training,

- Increased visibility and education, Attachment natural environment and local heritage sites (5.3 Casey). marketing and brand. and actively leverage the UNESCO

• Work with the Mornington Peninsula Regional Tourism Biosphere logo and brand. Board to promote the Mornington Peninsula as a premier 8 1

location for visitors to enjoy a diverse range of high- - 10+ new exposures of the logo in quality passive and active experiences (Mornington the public domain. Peninsula). - Detail marketing and branding • Enhance our visitor economy through preservation of our campaign work that has achieved natural environment (Bass Coast). promotion of UNESCO Biosphere. Meet at least once with the Commissioner for Environment Sustainability , CEO Phillip Island Nature Parks to promote awareness of the Biosphere Reserve and discuss collaborative opportunities.

• Plan for future growth areas and existing communities Understanding the social and Meet annually with representatives of the while respecting and maintaining our heritage (5.1 Casey). economic challenges for our Councils to draft a media release and short • Identify and protect sites and features of natural, built, communities to live resident survey to obtain feedback on social cultural and Aboriginal heritage (Mornington Peninsula). sustainably in our Biosphere. and economic challenges for our • Manage the balance between our natural environment, communities to live sustainably in our public access and use of our foreshores and waterways Biosphere (Bass Coast). • Protect our natural environment balanced with access for all to enjoy (Bass Coast). • Raise awareness of our environment’s impact on people’s health and wellbeing by integrating the concept of liveability across all Council business units and including liveability indicators within the municipal public health and

wellbeing plan (3.4.2 Cardinia). Attachment

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• Reduce potable water use across council operations and Understand the vulnerabilities Collate data from all member organisations advocate for recycled water options for the Shire of our Biosphere resources and complete the 2017/18 report card, (Mornington Peninsula). such as - water, food and including water, food and energy data. • Manage waste, water, biodiversity and energy use to energy. Deliver increased water stewardship achieve a clean, efficient and resilient city (5.4 Casey). program activities. Identify major developers in the Biosphere Reserve and engage to increase their environmental awareness of their activity, and adopt water stewardship principles.

Strategic Goal 3. – Cultivate alliances to advance informed sustainable decisions

• Advocate on behalf of the community to State Seek opportunities that enable Increase activities undertaken compared to Government, statutory authorities and other sectors to the Biosphere Foundation to 2016/17, and to whom, advocating for ensure Casey’s communities are planned with respect to lead discussion and influence protection of the Biosphere Reserve. the local habitats, vegetation and landscape values (5.6 policy direction concerning Meet at least twice with the state and Casey). the region. federal minister for the environment or • Develop and implement strategic and integrated coastal tourism advocating for the Biosphere policy, planning and management programs that adapt to Reserve and funding. the impact of climate change and community needs (Mornington Peninsula). Meet with each Council at least once per • Advocate for state and federal government support and year and provide a progress update on the assistance on coastal erosion (Bass Coast). Biosphere Foundation activity, including a Attachment value statement demonstrating

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funds/projects leveraged from the Council’s contribution to the Biosphere Foundation.

• Reduce the carbon footprint of the municipality (Bass Leverage opportunities to Collate data from all member organisations Coast). benchmark existing and and complete the 2017/18 report card, planned environmental, including carbon footprint data. ecological and energy efficiency projects.

Strategic Goal 4. – Strengthen our organisation to optimise our performance

• Source funding and deliver a range of initiatives that Developing a Biosphere Increased grant applications compared to promote health and wellbeing (1.4.1 Cardinia). fundraising program 2016/17, made to external bodies • Explore other alternatives for revenue opportunities (Bass (government and philanthropic), and Coast). percentage success. Increased approaches and meetings with state and federal government advocating for funding support for Biosphere Foundation, compared to 2016/17. Developing a Biosphere Foundation fundraising program. Develop a prospectus document to be used in meetings and marketing explaining the

benefits of membership to the Biosphere Attachment Foundation, and value of the Biosphere Reserve.

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Undertake benchmarking with other Biosphere organisations in to determine success factors and financial models.

Attachment

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