Treaty of Corporation and Establishment of the Ecological County (Sanctuary) of New Eurabba
BETWEEN the
Grand Duchy of Flandrensis (Groothertogdom Flandrensis)
and
Urabba Parks Proprietary Limited
Hereinafter referred to as “parties”
Compilation No. 1 of the terms of the Treaty in force on 4 September 2023
1. Name
This Treaty is the Treaty on Corporation and Establishment of the Ecological County (Sanctuary) of New Eurabba.
2. Commencement
This Treaty comes into effect on a day appointed by Urabba Parks Proprietary Limited.
3. Definitions
In this Treaty:
County means the Flandrensian Ecological County of New Eurabba.
party means one of the parties to this Treaty.
4. Acknowledgement of Traditional Owners
The Wiradjuri people are recognised as the Traditional Owners of the County.
5. Establishment of County
1. The New Eurabba region of Urabba Parks Proprietary Limited shall be established as the Flandrensian Ecological County of New Eurabba.
2. The County shall be an ecological sanctuary under article 1.4 of the Constitution of Grand Duchy of Flandrensis.
3. Urabba Parks Proprietary Limited consents to land it principally occupies in the County to be declared as an ecological sanctuary of the Grand Duchy of Flandrensis.
4. The County is established for environmental charity use only and no member of Urabba Parks Proprietary Limited shall have the right of occupancy.
6. Legislative powers and obligations of Urabba Parks
1. Urabba Parks Proprietary Limited shall consult with the Grand Duchy of Flandrensis on any legislative proposal that affects the County.
2. Urabba Parks Proprietary Limited shall have regard to its obligations under this Treaty in assessing the reasonableness of an amendment to its Constitution or any act having similar status.
3. No law or act is invalid merely by failure to consult or consider under this article.
7. Status within the Empire of Imvrassia
1. The Grand Duchy of Flandrensis acknowledges Urabba Parks Proprietary Limited as an autonomous Hegemony within the Empire of Imvrassia, a micronational partner of the Grand Duchy of Flandrensis.
2. The Grand Duchy of Flandrensis will not interfere in any constitutional or micronational affairs as mentioned in section 51 of the Constitution of Urabba Parks Proprietary Limited.
8. Exiting the arrangement
This Treaty shall be revoked if:
(a) there ceases to be any area subject to the laws of the County;
(b) if either party is dissolved or enters external administration; or
(c) 30 days after a party sends a show cause notice under this subarticle to the other party, unless the notice is withdrawn;
and upon revocation of this Treaty the parties shall stop recognising the area forming the County as an ecological sanctuary of the Grand Duchy of Flandrensis and Urabba Parks Proprietary Limited shall stop using the identity of the Grand Duchy of Flandrensis in relation to any of its activities, unless otherwise authorised by the Grand Duchy of Flandrensis.
9. Post-Treaty obligations
Following the revocation of this Treaty, a party shall not use the confidential information produced, used or transferred under this Treaty unless also agreed by the other party.
10. No partnership
Nothing in this Treaty shall be construed as forming a partnership enterprise between the parties.
Treaty history
Revoked: Article 3 (definitions of County and Urabba Street Reserve), Schedule I.
Amended: Title, Subarticles 5.1, 5.3, 5.4, 6.1, 6.2, 8.1, Article 9, Article 10
Added: Subarticle 6.2
Explanatory Memorandum
Urabba Parks's treaty-making power is exercisable by the Manager‑General by virtue of Chapter II of the Constitution which provides, among other things, that the executive power of Urabba Parks is vested in the Enactor and is exercisable by the Manager‑General. The treaty-making power includes the power to conclude treaties with micronations, which are self-declared states. Urabba Parks does not regard micronations as states and therefore treats such entities as non-state jurisdictions. The Minute recommends that Urabba Parks sign an bilateral treaty with the Grand Duchy of Flandrensis entitled the “Treaty on Corporation and Establishment of the Ecological County (Sanctuary) of New Eurabba” (the Treaty). This Treaty will provide for the establishment of Urabbaparcensian lands within the New Eurabba region as an ecological sanctuary under article 1.4 of the Constitution of Grand Duchy of Flandrensis known as the “Flandrensian Ecological County of New Eurabba” (the County). The County will be established as a territory of Urabba Parks. Although the Treaty contains some nominal restrictions in relation to the amendment of the Constitution of Urabba Parks, and its legislative power in relation to the County, it must also be noted that the Treaty is revocable upon 30 days show cause notice sent from one party to another without cost. The arrangement provided for in this Treaty will allow for the promotion of Urabba Street Reserve to a worldwide audience in a way of which is compatible with the status of Urabba Parks as a registered charity and a Hegemony of the Empire of Imvrassia.
The Grand Duchy of Flandrensis was established on 4 September 2008 by Niels Vermeersch (known as Nicholas de Mersch d'Oyenberghe) (born 23 February 1988), Grand Duke. Having its principal territorial "claims‟ in parts of Antarctica, the Grand Duchy wishes to establish a network of citizen-operated ecological sanctuaries.
The declaration of an ecological sanctuary as provided in the Treaty will allow for the promotion of the charitable environmental objects of Urabba Parks. The Emperor of Imvrassia has consented to the Treaty being made. It is noted that while Mr Vermeersch is a director of a not-for-profit organisation in Belgium, vzw Groothertogdom Flandrensis, the Treaty will be signed by Mr Vermeersch under his micronational name Nicholas de Mersch d'Oyenberghe as the Grand Duke of Flandrensis. The fact that the grand duke will be signing in his micronational identity and not as director of the charity is not relevant as the Treaty is not intended to be binding under either Australian or Belgian law. This is because the parties are considered "sovereign‟ entities for the purposes of intermicronational law, and the parties are bound by honour. Notes on the articles of the Treaty are attached. The Minute recommends that approval be given in the form proposed. Notes on articles
1. Name
1. This article provides that the name of the Treaty is the Treaty on Corporation and Establishment of the Ecological County (Sanctuary) of New Eurabba.
2. Commencement
2. This article provides for the Treaty to commence on a day appointed by Urabba Parks, allowing for its coming into force to be made by Proclamation.
3. Definitions
3. This article defines County means the Flandrensian Ecological County of New Eurabba, while party means one of the parties to this Treaty.
4. Acknowledgement of Traditional Owners
4. This article recognises the Wiradjuri people as the Traditional Owners of the County. This acknowledgement is consistent with the practices of other environmental organisations, in recognition of the role of Indigenous people in caring for the environment.
5. Establishment of County
5. Subarticle 1 establishes the Flandrensian Ecological County of New Eurabba as a region of Urabba Parks. The Corporate Parliament will establish New Eurabba as a region of Urabba Parks under section 121 of the Constitution. 6. Subarticle 2 provides the County shall be an ecological sanctuary under article 1.4 of the Constitution of Grand Duchy of Flandrensis. This designation allows for Flandrensian citizens to establish territories affiliated with the Grand Duchy of Flandrensis. 7. Subarticle 3 provides for the consent of Urabba Parks to the declaration of land "principally occupied by Urabba Parks" (in line with the territorial definition of Urabba Parks as provided in the Urabba Parks Proprietary Limited Constitution Statute 2021 of the Founder) as the area of the ecological sanctuary. 8. Subarticle 4 provides the County is established for environmental charity use only and no member shall have the right of occupancy. This is to confirm that the County lands are not to be used for private, non-charitable purposes such as a family home or holiday house, even if the properties are zoned residential.
6. Legislative powers and obligations of Urabba Parks
9. Subarticle 1 provides that Urabba Parks shall consult with the Grand Duchy of Flandrensis when legislating for New Eurabba. This is to ensure that the Grand Duchy is across the developments taking place in the County. 10. Subarticle 2 provides the Constitution of Urabba Parks may only be altered if the change is reasonable having regard to its obligations under this Treaty. This article is only intended to prevent the undermining of the Treaty by way of constitutional amendment, but is not intended to limit the power of alteration (provided the amendment does not impinge on laws made to bring this Treaty into force). 11. Subarticle 3 provides for the validity of laws despite any failure to consult or consider, providing certainty as to the legislative power of Urabba Parks in New Eurabba.
7. Status within the Empire of Imvrassia
11. Subarticle 1 provides the Grand Duchy of Flandrensis acknowledges Urabba Parks as an autonomous Hegemony within the Empire of Imvrassia, a micronational partner of the Grand Duchy of Flandrensis. This is to 12. Subarticle 2 provides that Grand Duchy of Flandrensis will not interfere in any constitutional or micronational affairs as mentioned in section 51 of the Constitution of Urabba Parks. This reflects the fact that matters relating to the Corporate Government or other jurisdictional divisions are not affected by this Treaty.
8. Existing the arrangement
13. Subarticle 1 provides that this Treaty shall be revoked if the area forming the County is no longer principally occupied by Urabba Parks Proprietary Limited for its environmental charity purpose, or if either party is dissolved or enters external administration (such as liquidation). This reflects the fact that this Treaty applies to New Eurabba specifically. 14. Subarticle 2 provides that the Treaty shall revoke 30 days after a party to this Treaty sends a show cause notice under this subarticle to another party, unless the notice is withdrawn. This provides a simple mechanism by which the arrangement may be concluded if either party does not believe it is in the best interests to continue, and also provides a notice period to allow for any transition (changing websites, etc). 15. Subarticle 3 provides that upon revocation of this Treaty the parties shall stop recognising the area forming the County as a ecological sanctuary of the Grand Duchy of Flandrensis and Urabba Parks Proprietary Limited shall stop using the identity of the Grand Duchy of Flandrensis in relation to any of its activities, unless otherwise authorised by the Grand Duchy of Flandrensis. The use of national symbols in relation to the County is a major component of the arrangement envisioned by this Treaty.
9. Post-Treaty obligations
16. This article provides that following the revocation of this Treaty, the party shall not use the confidential information declared as such for the purposes of this article unless also agreed by the other party. Along with the use of national symbols, sharing of confidential information will major component of the arrangement.
10. No partnership
17. This article provides that nothing in this Treaty shall be construed as forming a partnership enterprise. This clarifies the intention of the parties in this arrangement that a party is not liable for the acts of the other, even in relation to this Treaty.