Conservation Covenant Frequently Asked Questions

What is a Conservation Covenant?

A conservation covenant is an agreement between a landowner and the Trust, which protects and enhances the natural, cultural and/or scientific values of the land. The covenant is registered on the property and binds all future owners. Our conservation covenants derive from the National Trust of Australia (WA) Act 1964.

They have the force of statute, and should be distinguished from common law covenants. Unlike common law covenants and planning schemes that can be amended, conservation covenants are permanent.

Is a conservation covenant voluntary?

Entering into a National Trust conservation covenant is entirely voluntary. The Trust assumes all invitations are lodged with the intent that the protection and future of the Bushland is important to the landholder. All negotiations are conducted in this belief. The National Trust also reserves the right to decline an invitation.

How does a conservation covenant protect my land?

A conservation covenant permanently protects the conservation values of your land beyond your lifetime by registering a voluntary agreement between yourself and the National Trust of Australia (WA) on the titles to your property. This ensures that future owners respect the conservation values that you have worked so hard to protect.

What land can be covenanted?

Land possessing conservation significance can be covenanted with the National Trust of Australia (WA). Such land may have threatened plants or animals, or be one of the last remaining patches of bush in the area. The property may form part of an important wildlife corridor, or act as a buffer to protect a neighbouring National Park or reserve.

How does the National Trust decide which land is suitable for a covenant?

Factors taken into account when considering a natural area include: its degree of disturbance; the diversity of native flora and fauna; whether there are rare and endangered species; its value as a buffer or wildlife corridor; the size and shape of the area; the presence of weeds or vermin; and the management required to maintain the ecological integrity of the site.

Is my whole property covered by a covenant?

Each covenant is unique. Some covenants cover all of the property, some cover only part of the property. Where management requirements are complex, the property may be broken into zones that have different conditions. All covenanted properties have an area of "Bushland" where remnant vegetation is protected and the conditions are quite stringent. Others may have an area of "Modified Land" or "Farmland" which has fewer restrictions. Most covenants have a domestic area for a dwelling and related outbuildings.

How long does it last?

Forever. Covenants are placed on the titles of the property and remain in perpetuity. Very occasionally, covenants may be negotiated for a fixed period of time. Tax deductions are not available for fixed term covenants.

Can a covenant be removed?

Only in extreme and unusual circumstances. Covenants provide permanent protection of conservation values on private land. They can only be removed in one of three ways: 

•  Mutual agreement of the Trust and the landholders. This decision is not taken lightly and the owner would need to give very good reasons to prove to the National Trust why a covenant should be removed.
• By Supreme Court action
• By specific amendments to the relevant Town Planning schemes.

Can a covenant be changed?

The National Trust will consider changes to a covenant only if these don't pose a threat to the conservation values. If this is judged to be the case, then a covenant may be changed in one of two ways:

•  Letter of Approval Where a landholder proposes a short-term activity, the National Trust may provide permission through a “Letter of Approval.” For example, if a landholder wanted to use fallen timber for craft purposes and this was deemed unlikely to have a detrimental effect on the land, the National Trust may grant approval for this use. This approval would apply only to that owner. Exceptions made in a Letter of Approval are not carried over to future owners.
•  Amendment to a covenant If a landholder proposes a change, which is more permanent and not provided for in the covenant, such as altering the boundary of the domestic area or construction of extra buildings, the covenant, must be amended. This involves preparing a new covenant document, which requires considerable National Trust time and resources. In such cases, the landholder is expected to pay for the cost of preparing and registering a new covenant document.

What does a conservation covenant cost?

Nothing for owners entering into covenants voluntarily. The National Trust provides a range of services to help you develop and manage the covenant, including regular visits and management advice, at no cost to the owner. If an owner or developer is seeking a covenant in order to obtain special planning approvals, then full fees will be charged.

What are funds in the Stewardship Program used for?

The Stewardship Program Fund provides the National Trust with the resources to regularly visit all covenants and observe their condition. Currently, the first two years of stewardship are phone contact, the third year is a property visit and stewardship report, the 4th and 5th years are phone contact and the 6th year is a property visit and review/rewriting of the Management Plan. Of course covenantors are free to contact the Trust at any time.

Who is responsible for managing a covenanted area?

You continue to own and manage your land. All covenants include a requirement for a management plan for the covenanted area. The National Trust can provide advice on most aspects of land management including flora and fauna management and weed and vermin control. Many areas in good condition will require minimal management. The National Trust can also help to prepare a management plan for your property as well as help source funds to assist its implementation. The National Trust is also able to direct landholders to various grants and agencies that offer financial subsidies and assistance for landholders to help protect remnant vegetation.

Does a covenant affect the value of my property?

Normally covenanting has no effect upon land values since land use generally remains unaltered. Overseas experience suggests that covenanting may lead to a slight increase in land value because of the superior land management practices that often result. It depends on the particular circumstances of the property, and anyone concerned with the potential impact should consult a qualified land valuer. In some circumstances, where there is a reduction in land value, there may be incentives available through tax deductions or reduced rates. For more information please see the Australian Taxation Office website.

Will a covenant affect my rates?

Rating authorities are required to revalue the property once a covenant has been registered. If the value of the property varies due to the covenant then the rates will vary in proportion. Some municipalities do offer general property or water rate reductions. You should check with your local council.

What happens if I want to sell the property?

Covenants almost always attract sympathetic purchasers. Legally you need to inform any purchasers of the covenant on the Title. Also, the terms of the covenant require you to inform the National Trust when you are selling your land. We will then contact the new owners and familiarise them with the Covenanting Program. Furthermore, through our stewardship program, our field officers will revisit the land to establish the stewardship relationship with the new owners.

What happens if someone breaches a covenant?

If the covenant is breached, the National Trust will make every effort to work with the owners to sort the issue out amicably. Legal enforcement will be applied if necessary. For this reason it is important that you read and understand the covenant before you purchase a covenanted property.

Can I build on covenanted land?

Yes, if you allow for it in your covenant. Most covenantors provide for a single dwelling with the usual outbuildings. It's all a matter of what you want.

Can I keep a pet?

Yes. It needs to be provided for within the covenant, so check to make sure that the wording of this section reflects your needs. Most covenants require dogs to be supervised and on a lead within the covenanted area. Cats are usually prohibited because they stray at night and kill native wildlife. Existing cats are allowed to remain until they die, provided they are kept indoors at night.

Can I use machinery and animals for management?

Yes, providing their impact is kept to a minimum. This is usually addressed in the management plan.

Can I plant anything I wish?

Most covenants only allow planting of indigenous species in bushland areas where there is natural vegetation. It is strongly recommended that you avoid planting species known to be bushland weeds in your garden.

Can I undertake fire prevention work?

Yes. Fire prevention is necessary for the protection of assets. The National Trust provides advice and is happy to work with landholders and local firefighters to balance conservation needs with protection from wildfires.

Does it affect my neighbours?

Because a covenant is an agreement between you and the Trust, it does not involve your neighbours. Any effects on neighbours are positive since covenanted land is usually well managed to control weeds and vermin.

Can I put stock in the covenanted area?

Most covenants require that stock be completely excluded and fenced out from natural areas. However, sometimes exceptions are made either in the covenant or a letter of variation - for example, grazing may be used as a management tool for grassland communities, or in farming areas there may be provisions for short-term access for shelter during severe weather alerts. It depends on the sensitivity of the vegetation and the intensity and duration of grazing.

Can a covenant stop mining on my land?

A covenant is an agreement between the landowner and the Trust, and therefore does not provide immunity from the application of other government legislation. Owners of freehold land have a right of veto over mining activities on their land. However, this issue should be explored in depth. The Trust can provide you with booklets on your rights. The National Trust will object to development proposals that are likely to damage the conservation values of the land, but there is no guarantee this will prevent the development.

Our thanks to the Trust for Nature (Victoria)in the preparation of this document.