Poplar and Willow space planting

• I/We, the undersigned, apply to the Environment Canterbury for a grant from SCAR for space planting poles.
• I/We, the undersigned understand that in signing this agreement, Environment Canterbury will hold information to support and record the works funded by the SCAR programme about the property within this application, with the primary function of reporting to MPI.
• I/We agree to complete the works and contribute costs (based on total actual cost) as described within this agreement to the satisfaction of Environment Canterbury by the specified date. If the works are not completed to the satisfaction of Environment Canterbury by this date, I/We agree to pay Environment Canterbury the full price of the poles supplied.
• I/We declare that the property information provided in this agreement is correct and complete and accept Environment Canterbury's terms and conditions of this agreement as specified in the Terms and Conditions of this agreement.
• I/We agree that this document (Soil Conservation and Revegetation Space Planting Agreement Form and the Terms and Conditions), shall form a good faith agreement between the Applicant and Canterbury Regional Council.

The contribution is subject to a number of conditions set out below. The conditions reflect common-sense management of space planting poles, as well as the protection of the land and water resource.

It is expected that works completed through the SCAR programme which qualify for grant rate assistance are cared for by the landowner to the best of their ability. This is a general presumption that parties will deal with each other honestly, fairly, and in good faith, so works completed with grant rate assistance have sustained environmental benefit.

It is mutually agreed that caring for grant-rate assisted works will include;

• to exclude stock (cattle) from the treated block for an appropriate length of time (12-18months) to ensure the success of the pole planting
• if stock gains access into a planted area it is expected that they are removed upon discovery; the replacement of stock-damaged poles will not be receiving further grants for replacement
• other works that qualified for grant assistance are expected to be maintained and if damaged repaired.

If the Landowner intends to sell the property it is expected that the landowner will inform us and the purchaser of our involvement in the property enabling the establishment of a new relationship. Our services are provided to the best of our ability. However natural events may occur, which cause damage to farm works. We may be able to advise on remedial treatments but cannot guarantee that all farm works will be resilient to natural events.

Monitoring

There is an agreement for our staff to periodically check on the progress and success of the block(s) being funded by SCAR up to 10 years after the area was treated. Ongoing monitoring will help improve our erosion control programmes over the long-term.

This will include and not be limited to, identifying successful pole varieties and planting methods. The Landowner agrees to co-operate with any reasonable request from Environment Canterbury which relates to such ongoing monitoring.

Please include the following details on all invoices or purchase orders:

• Address all invoices to Environment Canterbury
• Farm Name
• Purchase Order No.
• Payment to
• GST no. if you are GST-registered
• Bank account number

Post to: Environment Canterbury, PO Box 345, Christchurch 8140, Attn: Meredith Macdonald or email to Meredith. macdonald@ecan.govt.nz and cc Environment Canterbury contact

Please note: Invoices will be sent out once all the poles for the year have been delivered. The costs within this application are based on the number of poles delivered to be planted in erosion-prone hill areas. Costs of delivery are based on last year’s costs and may vary depending on the final delivery cost. All efforts are made to make the delivery costs reasonable. Costs in excess of the agreed amount will only be reimbursed if given prior written approval by Environment Canterbury. We are only able to pay GST if a GST invoice is supplied.

In the case of a purchase order being provided. Please ensure a purchase order number is included on all invoices related to the project named above. Please be advised that any invoice which does not include a purchase order number will be returned.

Our terms of trade are payment on the 20th of the month following the invoice date.

Trustee Limitation of Liability

Where this agreement is executed by an independent trustee it is not executed by that trustee in any personal capacity. It is agreed by the parties to this agreement that the liability of any independent trustee under this agreement is limited to the net assets of that trust in that trustee’s hands from time to time. A trustee shall not be an independent trustee of a trust where it is a beneficiary of that trust.