Nightcap Community Management Statement

Collective strength comes through clarity of shared purpose, sustained through an organizational structure that is explicit while having supportive mechanisms to ensure its sustainability. That is, it is backed up by social pressure for individuals to participate and to carry out their agreed tasks, with clear lines of responsibility and areas of authority. It is a choice to join, or to leave, but within that there needs to be real community boundaries that limit the scope of diversity.

Premise.

The principles for the use of NCV are to create an interconnected community of like-minded individuals; where knowledge and resources are shared.

A culture that honours and integrates with the heritage of the land.

A healthy, safe environment, fostering mutual respect.

Supporting the bio-diversity of the land and interconnection with the Minjungbul Tribe by respecting their “caring for country” basis of existence on the land based upon their lore, and encouragingwildlife cohabitation.

Our objective is to allocate resources so as to positively support access for social interaction, the ability to create sustainable food production, and other meaningful activities that can be of economic and social value for the community. Being mindful that some potential uses of the land, if not planned appropriately could impact other uses and users negatively, all requests to commence any activity are to be led by a requirementto seek approval, prior to commencement, in accord with theCommunity Management Statement.(CMS)

The purpose of the CMS is to clearly define the expectations for all those living and working in our purposeful, harmonious and resilient village. 

For the purpose of interpretation of the CMS, the following applies.

Community member shall be a holder of a lot, or occupier/resident of a lot.

Manager shall be an appointee of the Community Committee (CC). The CC MUST include a male and a female from the Originals and all decisions thereof must be in step with the principal of“Do No Harm”

COMMUNITY SPACES have been set aside in recognition of the numerous Minjungbul Tribes’sacred places, where access is limited to specific people and times as per the schedule (to be provided). Other areas are set aside for their specific environmental, social and or spiritualvalue, the ecosystems that combine to make NCV so special and unique.

Fostering best use in terms of biodiversity and connection with the land requires that all members of the community and their invitees do no damage.

The lots contained in the Titles Plan and the common property contained therein shall at all times beused, managed and controlled so as to support the principles stated above.

No use or activity upon any lot or upon the common property shall be performed or conducted contrary to the following stated principles.

(1) The flora and fauna are to be observed and enjoyed at all times and in such manner as will preserve the environment with full recognition of the environmental sensitivity of the area and encouragement to original species above exotic ones.

(2) A community member shall co-operate with the overall property policy and design in relation to general landscape, forestry, agriculture and aquaculture.

(3) No community member shall do or permit to be done or omitted, any act that might obstruct or tend to disrupt access to the common property or the surrounding area by any persons that are Shareholders/land holders or their guests.

(4) A resident must obtain permission of the Manager(where necessary in consultation with local Fire Fighting authorities and the Tribe)for the lighting of fires on his or her lot or the common property.

(5) A resident shall not upon a lot or the common property create any noise and/or behaviour likely tointerfere with the peaceful enjoyment of the resident of another lot or any person lawfully using common property.

(6) A resident shall take all reasonable steps to ensure that his or her invitees behave in a manner not likely to interfere with the peaceful enjoyment of the residents of another lot or of any person lawfully using common property, nor to cause or contribute to any breach of these by-laws.

(7) A resident shall not invite a person who has been barred from entering the Estate onto the Estate. (the Estate being the whole of the land area the subject of the development).

(8) A resident shall take all reasonable steps to ensure that his or her children or children of invitees behave in a manner not likely to interfere with the peaceful enjoyment of the resident of another lot or of any person lawfully using the common property, nor to cause or contribute to any breach of these by-laws.

(9) A resident shall endeavour to avoid parking or standing any motor vehicle or other vehicle upon common property in such a manner as to impede or prevent ready access to the Land by other members. Nor shall any person drive or cause to be driven a motor vehicle within or upon the common property at a speed in excess of 50 kilometres per hour.

(10) Any motor or other vehicle driven upon a lot or common area shall comply with the Traffic Act or other statute in that it must be in a roadworthy condition, the driver to be duly licensedand have the vehicle duly registeredor be the holder of an exception for the proposes of the use of a motorized vehicle upon the Estate.

(11) No resident shall deposit or throw upon the common property any rubbish, dirt, dust or other material likely to interfere with the peaceful enjoyment of the resident of another lot or of any person lawfully using common property.The community member shall obtain permission of the Manager for the use of an undesirable chemical as provided in the list of such chemicals provided by the Corporation from time to time.

(12) A resident shall use his or herbest endeavour to respect and preserve now, and at all times in the future, the principles for use or activity over a lot or common property. Any act or omission done or omitted to be done in contravention of the principles in this statement shall constitute a breach of these by-laws.

(13) A resident shall obtain permission of the Manager before cutting down, lopping, ring barking or otherwise damaging, destroying or removing from the Land any native flora or any tree.

(14) In accordance with the principles of use, a resident may, with the consent of the committee keep certain domestic animals or fowl on a lot or the common property.To that end, the keeping of cats and dogs is not encouraged, however Assistance dogs are permitted; residents must ensure that the provisions of this by-law are strictly adhered to by both a resident, and any invitees to a lot or common property.

(15) A resident shall not use his or her lot for any purpose that may be illegal or injurious to the reputation of the village.

(16) No chemicals or poisons containing 25T or 24D or anything similar or any derivative or compounds shall be sprayed, used, stored or otherwise kept on the land.This includes, but is not limited to, such chemicals as DDT, Round-up etc.

(17) A residents shall abide by the Community policy, which may issue from time to time, a request regarding the eradication of noxious weeds and minimisation of fire risks.

(18) All construction and excavation must obtain approval prior to commencement. The requirements of Council and Australian Building Codes must be followed, and safety cannotbe dismissed and or disregarded. In addition,certain covenants about what is deemed ‘acceptable’ to blend with the eco-friendly environment we are creating will be made very clear. The objective, as we move onto this pristine environment, is that no one looks out upon someone else’s mess.

In recognition of the above principles, and in particular by-law (16), no building approval will be given to any plan for/or construction and/or alterations specifically requiring the application of those chemicals referred to in by-law (16). Where there has been a deemed contravention of by-law (16), the Committee at the defaulting owner’s cost, is to conduct the appropriate testing of the site to assess the damage caused and recommend the appropriate action to be taken by the owner at fault with respect to same.All remediation costs are to be borne by the offender.

As already alluded to, safety is not negotiable. Best practices must be utilised at all timesin respect of sanitation, construction and the like.NCV will have an appointed member to assist in this regard, so we would encourage you to make the most of their experience in these critical areas.

Each owner shall ensure that on the construction of a dwelling, a rainwater tank for the supply of potable water is installed.

(19) In recognition of the above principles and for the protection of the interests of all residents, each resident shall submit for approval bythe Committee,detailed proposals for the conduct of any business from any lot within the village title plan.

(20) The community meeting places are available for the benefit of residents. Usage for external events must beapproved by the committee and demonstrate benefit to the residentsand or the Minjungbul Tribe.

(21) An Owner has the right to make their property available for others to enjoy(EG: public gatherings, etc..), provided that they do so via the Community Manager.

DEALING WITH COMMUNITY BREACHES

The reasonable determination of the Manager as to whether or not there has been a breach of the provisions of the above by-laws, shall be respected by all residents of all lots. Any dispute not resolved shall be referred to the Community Committee whose decisions shall be binding on the residents of all lots.

CHANGING COMMUNITY MANAGEMENT STATEMENT BY-LAWS

The community corporation can change existing by-laws or create new ones for the better enjoyment or management of the villageas and when necessary or needed.

The community corporation must decide by special resolution at a general meeting to make or change the CMS.

In respect of any such change, a vote greater than 30% against the amendment defeats the proposed amendment.

CONFLICT RESOLUTION AND ARBITRATION PROCESSES

Friendly, non-violent and respectful conduct should be a given. How differences of opinion are dealt with is paramount for the functioning of a harmoniouscommunity.

If differences can’t beresolved between the parties involved, then the path of mediation will be to use the services of an Agreed Mediator/Arbitrator to ensure that conflicts are given the best chance to be resolved.Where appropriate, a Minjungbul Tribal Elder will also attend.

DEALING WITH BY-LAW BREACHES

If a community member is said or seento be in breach of a by-law, the breach willbe discussed by the Committee. If it isthe reasonable determinationof the Committeethat a by-law has been breached, by a majority vote of the Committee, then for the purposes of these Bi-laws, such is deemed to be a “breach”.

Once a Breach has been determined by the Committee to have occurred, then the Committeewill delegate their responsibility for issuing of notices to comply, etc, to the Community Manager. A Noticewill then be issued by the Manager and a time for compliance given prior toany further action can be taken to enforce the by-laws.

The Manager will, in the first instance, contact the Community Member to advise of the Breach, and seek to or demand that they stop the conductor remedy the circumstance that generated/caused the Breach.

If the breach continues, the Manager can serve a ‘Notice to Comply with a By-Law’ to the person who is breaching it. This notice advises the community member of the breach and asks for the conduct to cease immediatelyand where appropriate that remedial action be taken to remedy the Breach and its’ effects.The notice can be by way of aletter or email, and must include the details of the by-law that has allegedly been breached, the date of the determination of the Breach and a time period for compliance.

Penalties and Fines

The Community Corporation may apply to the NSW Civil and Administrative Tribunal if a Noticeto comply has been issued and the conductcontinues. If the Tribunal is satisfied that there has been a breach of a By-Law and the Notice was given validly, they can issue a penalty of up to $1,100.

If the Tribunal has already fined the member (owner of occupier) within the last 12 months for a beach of the same by-law, thepenalty imposed by the Tribunal can double to a maximum of $2,200. In this case, the Manager does not have to issue another Notice to comply before applying to the Tribunal to impose the fine.

All matters are to be adjudged in accord with the Minjungul Tribes’ Lore of “Do no harm to Earth, Environment or others.”