A covenant protects the conservation values of your land beyond your lifetime by registering an agreement between you and the department on the land title of your property. This agreement sets down appropriate management practices, so that future landowners respect the conservation values that you want to protect.

No. A covenant is an agreement between you and the department, and you play an important role in deciding the conditions of the covenant. You continue to own and manage your land in a manner which will not degrade its conservation values. In reality, a covenant allows you to protect your land long after you cease to own it.

Most covenants are designed to last in perpetuity, although a fixed-term covenant can be negotiated in certain circumstances. 

It is possible to release or vary the terms of the covenant where both the landowner and the department agree. This decision is not taken lightly.  Both parties would need to provide very good reasons to vary the covenant. Should agreement not be reached, the issue can be resolved on application to a judge or court.

The department pays for the costs of establishing voluntary Nature Conservation Covenants. These costs usually include staff time to prepare and negotiate the documents, checking the covenant with other agencies, checking the covenant with the State Solicitor's Office, and lodgement of the covenant for registration on title at Landgate. 

Where the covenant is required as a condition of subdivision or other development approval, the costs for placing the covenant (in the order of $5000 - $7000) are recovered from the landowner.

Landowners entering into conservation covenants may also be eligible for both income tax concession and special treatment of capital gain tax. Certain criteria must be met to obtain these deductions and landowners should seek advice from the Australian Taxation Office and their tax agent.

Yes, if you allow for it in your covenant. The covenant can provide for a building envelope to contain a single dwelling, gardens, and the usual outbuildings, if these are to be located within the covenant area. Such development will be located through mutual agreement so as to minimise the impact on the conservation values of the land, and its future management.

Yes, certainly. Some landowners allow for up to two dogs in their covenant. Where a house is located within the covenanted area, cats may be prohibited unless contained within an appropriate enclosure. 

Normally the placement of the covenant on title has little effect on land values, since land-use generally remains unaltered. However, where a covenant is placed in an area that could otherwise have been developed, there is some possibility of a reduction in valuation. If this occurs, the land may be eligible for a reduction in rates. 

Generally, conservation covenants are appropriate for bushland that has high conservation value, and has the potential to persist into the future with minimal management. To decide this, the following factors are considered:

• The size (generally a minimum of 10 hectares)
• Shape and intactness
• The condition of the vegetation
• The nature conservation and biodiversity values
• Connectivity to other important bushland or conservation areas

Please note that your bushland does not necessarily have to meet each of these criteria, and that each site will be assessed on its own merits. 

It depends on what you want. A covenant can cover a whole property, or it can just be for a single patch of bush. In some cases there may be different zones for a property with different restrictions for each zone. The covenant can be flexible provided that nature conservation is not compromised.

You, as the landowner, are responsible for land management. The department can provide advice on most aspects of land management, including flora and fauna management and weed and vermin control. As part of the covenant process, the department will work with you to develop management guidelines for your property, and help with ongoing management and monitoring advice.

Yes, if it is agreed that it can be allowed for in your covenant so as not to cause a loss of conservation value. Conditions applying to the use of machinery and animals for management are usually included in the mutually agreed management guidelines prepared for your land, and will address issues such as preventing disease and degradation. In any allowed management practice, the overall conservation values of the covenanted land must be maintained.

Once a covenant has been registered on a property's title, an application can be made to the Valuer General's Office to revalue the property. If the value of the property varies as a result of the covenant, then an application can be made by the landowner to the relevant local government authority for a rate variation at that local government authority's discretion. Note, in some peri-urban situations, the covenant may in fact result in an increased valuation due to a desirability for lifestyle blocks of conservation value.

Because a covenant is an agreement between you and the department, it does not directly involve your neighbours. Any effects on neighbours are generally positive since covenanted land is usually well managed to control weeds and vermin and maintain landscape protection. However, should an issue arise where certain activities on an adjoining property may threaten the natural values of the covenanted land (for example, stock or blown rubbish), the department can act as an advocate on your behalf to have these activities rectified.

The covenant is registered on the land title, and hence any prospective purchaser of the land should be aware of its existence and implications. Consequently, covenants generally attract sympathetic purchasers. The department will advise all new landowners of the terms of your covenant as soon as any actual or impending change of property ownership becomes known. Additionally, covenant staff can talk to prospective owners prior to sale to explain the covenant and management responsibilities.

A covenant does not provide immunity from mining legislation nor other legislation such as that applying to bushfire control. However, public authorities generally have regard to covenants when developments are proposed, and, in some cases, they have provided special assistance to covenantors. The department may act as an advocate on behalf of the landowner, and will object to, or seek to modify, development proposals that are likely to damage the conservation values of the land.

The department has a long-term interest in helping you with maintaining the conservation values of your land. The department achieves this by providing management advice, contact, advocacy and enforcement as a last resort.