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Town Planning Report for a Development Application | Version 2 | 22 June 2021
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CURRENT TITLE SEARCH
DEPARTMENT OF RESOURCES, QUEENSLAND
Request No: 36384564
Search Date: 22/02/2021 12:04 Title Reference: 51044094
Date Created: 22/06/2016
Previous Title: 13530193
REGISTERED OWNER
Dealing No: 717517462 16/09/2016
MACMARTIN INVESTMENTS PTY LTD A.C.N. 613 605 968
TRUSTEE
UNDER INSTRUMENT 717517462
ESTATE AND LAND
Estate in Fee Simple
LOT 4 SURVEY PLAN 284446
Local Government: NOOSA
COMMUNITY MANAGEMENT STATEMENT 48689
EASEMENTS, ENCUMBRANCES AND INTERESTS
1. Rights and interests reserved to the Crown by
Deed of Grant No. 13530193 (ALLOT 73 SEC 3)
2. MORTGAGE No 717517463 16/09/2016 at 09:44
COMMONWEALTH BANK OF AUSTRALIA A.B.N. 48 123 123 124
ADMINISTRATIVE ADVICES - NIL
UNREGISTERED DEALINGS - NIL
Caution - Charges do not necessarily appear in order of priority
** End of Current Title Search **
COPYRIGHT THE STATE OF QUEENSLAND (DEPARTMENT OF RESOURCES) [2021]
Requested By: D-ENQ GLOBALX
Page 1/1
Page 3
CURRENT TITLE SEARCH
NATURAL RESOURCES, MINES AND ENERGY, QUEENSLAND
Request No: 36164355
Search Date: 01/02/2021 10:34 Title Reference: 51044090
Date Created: 22/06/2016
Previous Title: 13530193
REGISTERED OWNER
Dealing No: 717273502 26/05/2016
BODY CORPORATE FOR MARTIN PLACE AT PEREGIAN COMMUNITY
TITLES SCHEME 48689
ANDREW MARTIN
PO BOX 205
PEREGIAN BEACH QLD 4573
LAND DESCRIPTION
COMMON PROPERTY OF MARTIN PLACE AT PEREGIAN COMMUNITY TITLES SCHEME 48689
COMMUNITY MANAGEMENT STATEMENT 48689
Local Government: NOOSA
EASEMENTS, ENCUMBRANCES AND INTERESTS
1. Rights and interests reserved to the Crown by
Deed of Grant No. 13530193 (ALLOT 73 SEC 3)
2. REQUEST FOR FIRST CMS No 717273477 26/05/2016 at 09:06
COMMUNITY MANAGEMENT STATEMENT 48689
COMMERCIAL MODULE
ADMINISTRATIVE ADVICES - NIL
UNREGISTERED DEALINGS - NIL
Caution - Charges do not necessarily appear in order of priority
** End of Current Title Search **
COPYRIGHT THE STATE OF QUEENSLAND (NATURAL RESOURCES, MINES AND ENERGY) [2021]
Requested By: D-ENQ GLOBALX
Page 1/1
Page 4
717517462 V1 REGISTERED Recorded Date 16/09/2016 09:44 Page 1 of 29
\ 000
QUEENSLAND LAND REGISTRY TRANSFER FORM 4 Version 5
. ‘ Pp
Land Title Act 1994, Land Act 1994 and Water Act 2000 Client No. 1665675 Biles Act 2001 e1of1
LDeating Number "| Transaction No, 5H) 2-4 5. bo 8 23
717517462 |. ; ICE USE ONLY Duty Paid $..9,.902..Q. Clexempt
EF 235 $1,000.00 his torm is authorised by legislation and is UTI. eeessscsecsees sosaneseeses
16/09/2016 09:44:56 |hable records. For more information see LO)
Date: 31/4 /'G Signed AA. of,
1. Interest being transferred (if shares show as a fraction) Lodger (Name, address, E-mail & phone number) Lodger
Code
OloT
Fee Simple
Note: A Form 24 - Property Information (Transfer) must be attached to this Form
where interest being transferred is “fee simple” (Land Title Act 1994), “State
leasehold" (Land Act 1994) or “Water Allocation” (Water Act 2000)
2. Lot on Plan Description Title Reference
Lot 4 on SP 284446 51044094
3. Transferor
Lynette Marilyn Wildman and Narelle Emily Gates as Trustee under instrument 708105883
4, Consideration
$425,000.00
5. Transferee Given names Surname/Company name and number (include tenancy if more than one)
MacMartin Investments Pty Ltd
ACN 613 605 968 As Trustee
6. Transfer/Execution The Transferor transfers to the Transferee the estate and interest described in item 4 for the
consideration and in the case of monetary consideration acknowledges receipt thereof. The Transferor declares that the information
contained in items 3 to 6 on the attached Form 24 is true and correct. The Transferee states the information contained in items 1, 2, 4
to 6 on the attached Form 24 is true and correct. Where a solicitor signs on behalf of the Transferee the information in items 1, 2, 4 to
6 on Form 24 is based on information supplied by the Transferee.
fitheir obligations under section 162 of the Land Title Act 1994.
NOTE: Witnessing officer must be awal
a
Separate executions afe,
9S /08 sacle... KA Ch tol. ceecstetetteceetenee
Fy xecution Date Transferor's Signature
Ne
Vv si
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ation) Scution Date
CS
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| name & qualific
sferor's Signature
< pee ge” A
s LSE ANS ‘
bceeeeees loci iectie titties R24fOR (BOib’
Witnessing Officer (signature, full name & qualification) Execution Date | MacMartin Investments Pty Ltd ACN 613 605 968
Sole Director
. / /
Witnessing Officer (signature, full name & qualification) Execution Date
(Witnessing officer must be in accordance with Schedule 1 —- *Note: A Solicitor is required to print full name if signing on behalf
of the Land Title Act 1994 eg Legal Practitioner, JP, C Dec} of the Transferee and no witness is required in this instance
© The State of Queensland (Natural Resources, Mines and Energy} 2021
Page 5
page! of Discretionary Trust Deed establishing the Martin Investment Trust 2 Tecoma Close : Maddocks Peregian Beach QLD 4573 Level 6 | Tel: 0424509401 140 William Street [email protected] Melbourne VIC 3000 : . : . Tel: 1300 307 343 _—_ (ci- Cleardocs) . : [email protected] , www.maddocks.com.au
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rot 28 page 2 he~ ¢- if the company has only 1 director, that director. 4 The Discretionary Trust Deed will include execution clauses which are determined according to your answers to certain questions on the Cleardocs site. 5 If you are uncertain about the requirements for executing legal documents, then please see our FAQ on this on www.cleardocs.com. Follow the links to ‘Resources’, then ‘Frequently asked legal questions’, then ‘signing and witnessing documents’. If the FAQ does not resolve your queries, then call the Cleardocs helpline on 1300 307 343 and Cleardocs will put you in touch with a lawyer from Maddocks. Settlor to pay 6 The settlor must pay the settled sum as specified in the Discretionary Trust deed to the trustee and the trustee must issue the settlor a receipt for the sum paid. Pay stamp duty 7 The originat and all counterparts of the Discretionary Trust deed should be lodged for , assessment of stamp duty with the revenue office of the State or Tefritory in which the Discretionary Trust was established. If the trust is established in Tasmania it must be self-assessed for stamp duty and lodged with the Tasmanian State Revenue Office if the trust holds no dutiable property, or sent to the Tasmanian State Revenue Office for : assessment if the trust does hold dutiable property. The applicableamount of stamp duty must be paid. The amount varies according to the State or Territory. , Copies of the Discretionary Trust deed 8 The trustee should keep the original executed version of the Discretionary Trust deed. Apply for an Australian Business Number (known as an 'ABN') 9 An application must be made to the Australian Taxation Office for an Australian Business Number. , Trustee to comply with its responsibilities 10 At all times, the trustee is to make sure that it carries out its duties in relation to the Trust in accordance with the provisions of the Discretionary Trust deed. In this regard, the trustee should ensure that it reviews and is familiar with the terms of the Discretionary Trust deed. Any questions? \f you have any questions: about your documents or about establishing your Discretionary Trust, please contact your accountant or Brereton Kay on 0424509401: or about fegal issues, contact the law firm Maddocks on (03) 9288 0555 and ask for the Cleardocs helpline. : All the legal information contained in this document is provided by our lawyers at Maddocks.
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n 3 of 28 page Table of contents OVErVIOW.......scsessesssscsesssssssvenssssesssavsacesstensutseesenseurosatsessntassussssonsssatscsossesedersaeaceusucasteceserssensesetetsstseee 1 A ' Trust for beneficiary under legal disability Establishment of a discretionary trust .. Beneficiaries of the trust Trustee may nominate additional beneficiaries 2... cc cccesccsescescsesssesessescsesvsseeseavescacaseees 2 Trustee may delete a class of eligible beneficiaries Interest of named beneficiaries and members of classes of beneficiaries . Distributions under the trust Until vesting day, the trustee has absolute discretion to distribute income to beneficiaries. Trustee's right to determine nature of income... Trustee's right to accumulate income Failure to exercise discretion Trustee's right to advance part of the trust fund Trustee's right to distribute from a class of income... Trustee may determine what is income and what is capital Allocation of income or capital of a category. Allocation of expenses occ Distributed income and capital remain in categories Method of distribution Decisions to be in writing. Distribution to a guardian in case of legal disability Distribution to a nominee.. Distribution to charity........ Details of trust for beneficiary under a legal disability .. Trustee is discharged by distribution Ending of the trust Before vesting day, the trustee may decide to whom to distribute trust fund on that day .....6 Failure to exercise discretion : The trustee’s powers ............ Overriding general powers ve SPeCIFIC POWETS .....eseecssscecseessecseesucsesesnessunsstssstsesscessssssesussuscssucesecsueesissnevenseatnennessucseveaneesres 6 Trustee may delegate an exercise of power etc. Trustee may appoint a manager Trustee may register assets in the name Of a NOMINEE... cecccscssessecevessesceceeerecnessecsessess 9 Authority to act on the trustee's behalf. Powers to be exercised at the trustee’s absolute discretion .. Advice Limitations on benefiting under deed .. Settlor not to benefit from this trust Liability, indemnity etc Liability of the trustee indemnity to the trustee...
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Indemnity in addition to any indemnity at law... No indemnity from beneficiaries Trustee not bound to take proceedings against another trustee .. Trustee may insist on protection ... Remuneration... cee Administration expenses Appointment, retirement etc of trustee and appOiNtOr ...........sscccessseecssssessvsssseseersesserss 11 Trustee of the trust Retirement of the trustee. Removal of trustee Appointment of trustee Termination of appointment of trustee.. Transfer of assets Appointor may appoint appointor oe ccecesssesscsesscsesscsssecsssvsrssususatessansevscsessusuesscacsuces Appointor may remove appcintor in certain circumstances Appointor may appoint replacement by will Appointor on insolvency or if power not exercised Variation and termination of the trust. Trustee may vary this deed . Variation not to cause vesting after vesting day.... Variation not to allow benefit to trustee Time variation takes effect .. Altering termination date Retained amounts Power to postpone sale Miscellaneous............. Decisions by the trustee Statements and accounts.... Financial statements ........... Access to accounts and books Auditor . Currency conversion . Trustee may value assets and liabilities No partnership etc. Notices oo... Time notice is given Waiver Other rights preserved.. Severance More than one appointor .. More than one trustee ...... Joint and several obligations References to laws. Counterparts Jurisdiction DeFIMITIONS ..........scsessscesssseonssssancseeveesssescsesssusnescsessesesseaeeossatensaesessvscsscsscssssenneceseustscestsassessuenssssacensees 17
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page ot #8 We Overview By executing this deed, the settlor creates a discretionary trust. The trustee of the trust is given power to invest the trust fund at the trustee’s absolute discretion. The trustee is given extensive powers to distribute the income and capital of the trust among a wide range of beneficiaries. Those powers are also to be exercised at the trustee’s absolute discretion. The beneficiaries are either named in the Schedule or are members of classes of persons described in the Schedule. The trustee has power to add beneficiaries and to remove beneficiaries. No beneficiary has any entitlement to any part of the trust fund under the trust deed. The settlor cannot benefit under the trust. Some of the trustee's powers can only be exercised with the consent of the appointor, if an appointor is named in the Schedule. The appointor has power to remove a trustee and appoint a new one.
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pnoy. 1 2B A The trust Establishment of a discretionary trust 1 The settlor named in the Schedule, Brereton John Kay, has paid the Settled Sum specified in the Schedule to the trustee named in the Schedule, Macmartin investments Pty Ltd, ACN 613 605 968 to establish the Martin investment Trust. Macmartin investments Pty Ltd, ACN 613 605 968 has agreed to be the initial trustee of the trust. The trustee is to act in accordance with this deed. The trust is to commence on the day this deed is executed and is to end on the ‘vesting day’. Beneficiaries of the trust 2 The beneficiaries of the trust are: * the persons named in the Schedule as beneficiaries; and e the persons who are members of any of the classes of eligible beneficiaries specified in the Schedule. Trustee may nominate additional beneficiaries 3 The trustee may at any time nominate one or more persons (except the settlor) as an additional class of eligible beneficiaries under this deed. The trustee may do so by signing a statement to that effect. However, the trustee must not do so without the consent of the appointor. Trustee may delete a class of eligible beneficiaries 4 The trustee may at any time, with the consent of the appointor, delete a class of eligible beneficiaries from the Schedule to this deed. The trustee may do so by signing a statement to that effect. _ Interest of named beneficiaries and members of classes of beneficiaries 5 A named beneficiary or a member of a class of eligible beneficiaries has no interest in any part of the trust fund or any of its income. Nor, as a group, do all the named beneficiaries and members of all the classes of eligible beneficiaries. B Distributions under the trust Until vesting day, the trustee has absolute discretion to distribute income to beneficiaries 6: . Until the vesting day, the trustee has an absolute discretion to decide to distribute any part of the income of the trust fund for a financial year, in any proportions the trustee decides, to any one or more persons who are named in the Schedule as beneficiaries or who are members of any of the classes of eligible beneficiaries described in the Schedule. The trustee has an absolute discretion to exclude a named beneficiary or a member of a class of beneficiaries.
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p
Trustee's right to determine nature of income
7 The trustee may, instead of relying on the definition of ‘income of the trust fund’ set out in
this deed, decide at any time prior to 30 June ina financial year to adopt, for that financial
year, another definition of ‘income of the trust fund’. The trustee's power to make such a
decision under this clause 7 is unconfined and not merely-administrative.
Trustee’s right to accumulate income
8 The trustee may decide to accumulate any income of the trust fund for any period that is
allowed by the law governing this deed. When that decision is made, the relevant income
(less any tax payable on it) becomes capital of the trust fund and the trustee ceases to
have any power to distribute it under clause 6.
Failure to exercise discretion
9 If the trustee fails to exercise the trustee’s discretion under clause 6 or 8 on or prior to
30 June in a financial year, the income in respect of which the discretion has not been
exercised will be held by the trustee in trust successively for the persons described below
and in accordance with the following rules:
9.1 The named beneficiaries who are alive on 30 June of that financial year. If
there are more than one, then in equal shares.
9.2 if there are no named beneficiaries alive on 30 June of that financiai year, the
next of kin of the named beneficiaries in the share that the relevant named
beneficiary would have received had all the named beneficiaries been alive on
30 June of that financial year. if a named beneficiary has more than one next of
kin, then each named beneficiary's share is held in trust for the next of kin in
equal shares.
9.3 {f there is no next of kin, the income is to be treated as. having been
accumulated.
Trustee’s right to advance part of the trust fund
10 The trustee may, at any time before the vesting day, distribute any part of the trust fund
(except a part already held on trust for a person under clause 18) to a named beneficiary
or a member of a class of eligible beneficiaries, either immediately and absolutely or to be
used for the maintenance, education, advancement or benefit of that person in any
manner the trustee decides. The amount ceases to be part of the trust fund that the
trustee can distribute or advance before the vesting day.
Trustee’s right to distribute from a class of income
1 The trustee may, at any time before 30 June in a financial year, decide that a distribution
of income for that year is to be made solely from income that the trustee regards as a
particular class of income.
Trustee may determine what is income and what is capital
12 In determining the income of the trust for a financial year, the trustee may decide
whether, and to what extent, a receipt or outgoing is on account of income or capital. The
got B
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(oo trustee’s power to make such a decision under this clause 12 is unconfined and not merely administrative. The trustee’s decision is final. Allocation of income or capital of a category 13 The trustee may decide that income of a financial year, or capital which is distributed or accumulated under this deed, is the whole or part of the income or capital of a category. The trustee’s power to make such a decision under this clause 13 is unconfined and not merely administrative. The resuit is that all or part of that income or capital is specifically or separately allocated and identified in a distribution or accumulation. Allocation of expenses 14 The trustee may decide to allocate expenses and outgoings, at the trustee’s discretion, to income or capital of any one or more categories. The trustee's power to make such a decision under this clause 14 is unconfined and not merely administrative, and inctudes allocating the expenses and outgoings in one or more of the following ways: * against income which is not income of a category; ‘* against income of a category to which a tax credit, rebate or exemption does not attach; ¢ against other income. Distributed income and capital remain in categories 15 Income or capital to which a beneficiary becomes entitled and which can be identified as being of a category remains of that category after the beneficiary becomes entitled to it, and after it is passed to or received by the beneficiary. Method of distribution 16 ’ The trustee may distribute an amount to a beneficiary under this deed in any one or more of the following ways: with the beneficiary's consent, by placing the amount to the credit of the beneficiary in a 24 hour call account; e by drawing a cheque for the amount payable to the beneficiary or paying the amount into a bank account in the name of beneficiary; ¢ — by paying the amount by cheque or in cash to a third person as directed by the beneficiary; e by Satisfying any amount owed by the beneficiary to a third person; e by applying any part of the amount towards satisfaction of money owing by the beneficiary to the trustee on any account or owing to any other person; ¢ _ by transferring any of the assets of the fund in specie to the beneficiary; e by setting the amount aside in a separate account in the books of the trust in the name of the beneficiary, in which case the amount shail be held on a separate trust for such beneficiary or if so determined in writing by the trustee, as an amount owed to the beneficiary as an interest free debt at call.
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| Pay loot® An amount paid by cheque is to be paid either personally or by post to the beneficiary's registered address, Decisions to be in writing 17 A decision by the trustee concerning distributions under the trust is to be evidenced in writing. The trustee must keep the evidenced decision with the papers relating to the trust, and must record its effect in the trust's books. Distribution to a guardian in case of legal disability 18 If a person who is entitled to a distribution of income or capital under this deed is under a legal disability, the trustee must either: * make the payment to that person’s parent, guardian or legal personal representative; or « hold the relevant amount in trust for that person alone on the same basis in alt other respects as the trustee holds the trust fund. ' ’ Distribution to a nominee 419 At the request of a person who is entitled to a distribution of income or capital under this deed and who is not under a legal disability, the trustee may pay the amount to a person nominated by that person. Distribution to charity 20 A distribution to a charity is to be made to the Secretary or Treasurer of that charity. Trust for beneficiary under legal disability 21 The trustee may hold any amount which is distributable under this deed on trust for a beneficiary who is under a legal disability. The trustee may do so until the beneficiary ceases to be under a legal disability. The assets and income of that trust are nat part of the assets or income of this trust. Details of trust for beneficiary under a legal disability 22 The trust for a beneficiary under a legal disability is subject to the following rules: ¢ ‘The trustee may make a distribution towards the maintenance, education or benefit of the beneficiary and may make a distribution to a trustee or guardian of that beneficiary, without being responsible for what that person does with the distribution. - e Ifthe beneficiary dies before ceasing to be under a legal disability, the trustee must hold the assets of that trust on trust for the benefi iciary's personal legal representative. Trustee is discharged by distribution 23 If the trustee makes a distribution in accordance with this deed and in a manner consistent with clause 16, then that action on the part of the trustee discharges the trustee’s liability. The trustee is not responsible for what is done with the distribution.
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c pave Hot 2B Ending of the trust Before vesting day, the trustee may decide to whom to distribute trust fund on that day 24 Before the vesting day, the trustee has an absolute discretion to decide to distribute the trust fund and any unapplied and undistributed income from it, in any proportions the trustee decides, to any one or more persons who are named in the Schedule as beneficiaries or who are members of any of the classes of eligible beneficiaries described in the Schedule. The trustee has an absolute discretion to exclude a named beneficiary or a member of a class of beneficiaries. Failure to exercise discretion 25 D If the trustee fails to exercise the trustee’s discretion in relation to the whole of trust fund and any unapplied and undistributed income before the vesting day, the amounts in respect of which the discretion has not been exercised will be held by the trustee in trust successively for the persons described below and the trustee must, as soon as possible, _ distribute those amounts in accordance with the following rules: 25.1 The trustee must distribute the amount to the named beneficiaries who are alive on the vesting day. If there are more than one, the amount must be paid to them as tenants in common. 25.2 If there is no named beneficiary alive on the vesting day, the trustee must _ distribute to the next of kin of the named beneficiaries the share that the relevant named beneficiary would have received had all the named beneficiaries been alive on the vesting day. 25.3 if there is no next of kin, the trustee must distribute the amount to such of the entities listed in section 30-315(2) of the Income Tax Assessment Act 1997 (Cwlth) at the date of this deed, as are existing on the vesting day in equal shares as tenants in common. The trustee’s powers Overriding general powers 26 The trustee has all the powers in relation to the assets of the trust that it is possible to give a trustee, including all the powers that an individual would have as the legal and beneficial owner of the assets. Specific powers 27 The following specific powers are included in the trustee's overriding general powers and do not in any way restrict the general powers contained in clause 26: e to invest the assets of the trust and vary such investment at any time, and to enter into and pay for those investments; * to advance or lend money to any person, with or without any security being provided; e .to borrow and raise money from any person; ¢ to purchase, acquire, sell, transfer, dispose of or deal in any shares, stocks,
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pare (2 $28 (eo debentures, notes, bonds, mortgages, options, warrants or other form of interest in or securities of a government authority or company, and any other contractual or other rights or obligations over or in respect of those securities; to enter into any derivatives contract, or purchase, sell or deal in any derivatives product, and otherwise to do and perform all things so as to operate, use or deal ~ with facilities of any stock or futures exchange, either directly or through any broker or agent in any market anywhere in the world; to provide any guarantee or indemnity for payment of money or for the performance of any person's contractual obligations; to mortgage, pledge, charge or otherwise provide the assets of the trust as security for any borrowing, raising, facility, guarantee, indemnity, Jease or other contractual obligation; to purchase, acquire, sell, transfer, hire, lease, dispose of, manage, divide, encumber or otherwise deal with any real or personal property; \ to sell, transfer, hire, tease, dispose of, manage, divide or otherwise deal with any assets of the trust; to purchase, acquire, vary, sell, transfer or dispose of any deferred property or rights, or any life, life endowment, term or other policy, and to make any relevant payment or pay any premium from the assets of the trust; to pay out of the assets of the trust any costs, charges, taxes, duties or expenses of the trust including those which are: . incidental to the management of the assets of the trust; . incidental to, or incurred in the exercise of, any power, authority or discretion of the trustee; : . incurred because of the death of a trustee, the settlor, appointor or any beneficiary; to exercise all rights and perform all duties associated with the trustee holding ! shares, stock or debentures in any company; to establish, purchase, acquire, promote or conduct any company, business, profit-making undertaking or scheme, either in the trustee's own Capacity or in its capacity as trustee (or both), and either solely or with any person and to selt, transfer, dispose of or wind up any such company, business, undertaking or scheme; to employ any person (including beneficiaries but not the settlor) to carry on any business of the trust or to do anything in connection with matters required to be done under this deed, and to remunerate that person (and make arrangements as to that person's superannuation); to appropriate, wholly or partly, any asset of the trust in satisfaction of any interest a person may have in the assets of the trust or any benefit which the trustee determines to pay to or apply for the benefit of, a beneficiary; to value, or engage a person to value, in whole or in part, the assets or any
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asset of the trust; to open and operate bank accounts in the usual way, to draw, make, accept, endorse, discount, execute, issue or otherwise deal with all forms of negotiable or transferable instruments and to enter into any bill facilities or other form of banking facilities; to give receipts for money received; to deposit any securities, deeds or other documents with any bank; to underwrite shares, securities or other obligations; to grant options in respect of any of the assets of the trust; to become a director, or appoint any person as a director, of any company an interest in which forms part of the assets of the trust, and to be independently paid an amount appropriate for such a position; subject to the relevant provisions of this deed, to appoint new trustees in relation to all or any part of the fund on any terms the trustee sees fit: to receive any real or personal property by gift or by will as additions to the assets of the trust; to grant, cancel or redeem an annuity; to divide the assets in their own particular form, without first realising those assets, between the trust fund and any other trusts established under this deed; to exercise a power or discretion even though the trustee or a director, member, associate or relative of the trustee has or may have a direct or indirect interest in the method or result of exercising the power or discretion, or may benefit directly or indirectly from its exercise, provided that such power or discretion is exercised in good faith and for a proper purpose; to take any action to protect the assets of the trust; to enter into, manage and vary any arrangement relating to currency exchange, interest rates, interest rate caps, collars, floors or swaps, any currency forward rate agreement and any other financial risk management agreement; to mix the trust fund with any other money, funds or property, including without : limitation, other trusts’ money, funds or property and may join with any other person or the trustee in its personal capacity or as trustee or any other trust fund or both of them in making common investments; in addition to the power set out in clause 28, to appoint in writing an attorney or attorneys and delegate the exercise of all or any of the powers or discretionary authorities hereby conferred on the trustee and execute any powers of attorney or other instruments necessary to effect such purpose; to make any election required or permitted at law; subject to the provisions of this deed, to exercise all or any of these powers: . as the trustee sees fit;
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. either alone or jointly with any person including a trustee for any other trust or the trustee in its personal capacity or as trustee of any other trust fund and to assume joint or several liability in respect of any joint exercise of these powers; and o_ in relation to the assets of the trust, as if the trustee was the beneficial owner of those assets. In this clause, the term ‘any person’ is taken to include the trustee in his or her personal capacity, the trustee as trustee of another trust, any director, member, associate or relative of the trustee and any company, business or partnership in which the trustee is a director, member, partner or otherwise involved. Trustee may delegate an exercise of power etc 28 The trustee may appoint @ person to exercise any power or discretion of the trustee under this deed. Trustee may appoint a manager 29 The trustee is not required to act personally, but may appoint a person to manage any part of the trust on the trustee's behalf. Trustee may register assets in the name of a nominee 30 The trustee may register the assets in the name of a nominee. The trustee retains all the trustee’s powers in relation to assets registered in the nominee's name. Authority to act on the trustee’s behalf 31 If the trustee authorises another person to exercise a power or discretion of the trustee, the trustee may include in the authority provisions to protect persons dealing with the authorised person. The trustee remains liable for the acts and omissions of the authorised person. Powers to be exercised at the trustee’s absolute discretion 32 Advice 33 The trustee has an absolute discretion whether to exercise a power under this deed, and how a power is to be exercised. Neither a beneficiary nor any other person may challenge an exercise of a power or a failure to exercise it, or require a reason for its exercise or non-exercise. The trustee may rely on advice from a qualified lawyer in relation to interpreting and applying this deed, and anything to be done or not done under it. The trustee may rely on advice or information supplied by any other person in relation to any matter that the trustee believes in good faith is within their competence.
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pay \Sot # E Limitations on benefiting under deed Settlor not to benefit from this trust 34 The settlor is not entitled to any benefit under this trust. A person claiming under or in right of the settior is not entitled to any benefit under this trust unless he or she is a named beneficiary. F Liability, indemnity etc Liability of the trustee 35 The trustee is not liable to the beneficiaries in respect of any loss unless it arises from fraud, gross negligence or breach of trust on the part of the trustee. Indemnity to the trustee 36 The trustee is entitled to an indemnity out of the assets of the trust in respect of any liability incurred in connection with acting as trustee of the trust. This does not apply if the liability arose from fraud, gross negligence or breach of trust on the part of the trustee. Indemnity in addition to any indemnity at law 37 The indemnity in the previous clause is in addition to any indemnities the trustee is entitled to by law. No indemnity from beneficiaries 38 A beneficiary is under no obligation whatever to personally indemnify the trustee or a creditor of the trust or any sub-trust established under this deed in relation to any liability, loss, damage or expense either incurred or suffered in connection with the trust. The trustee is unable to exercise against a beneficiary any right by way of subrogation or indemnity. Trustee not bound to take proceedings against another trustee 39 A trustee is not bound to take legal proceedings against a co-trustee for an alleged breach of trust. Trustee may insist on protection 40 The trustee is entitled not to enter into an agreement, execute a document or assume liability of any type in connection with the trust unless it includes a provision limiting the trustee’s liability to the extent of the trustee’s right to an indemnity from the assets of the trust. Remuneration 41. __ The trustee is entitled to reasonable remuneration for acting as trustee. The remuneration may be in the form of fees, salary, commission or other remuneration. It may be paid out of capital or income of the trust. 10
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42 G pay. [bo B Qe ‘Administration expenses The trustee must pay all the expenses and costs of administering the trust out of the income or capital of the trust. If the trustee is engaged in a profession, the trustee may charge usual professional charges for any professional work done for the trust by the trustee or a professional, partner or employee. Appointment, retirement etc of trustee and appointor Trustee of the trust 43 The initial trustee of the trust is named in the Schedule. Retirement of the trustee - 44 A trustee may retire as trustee of the trust by giving the appointor sufficient Notice to enable the appointor to appoint a replacement. However, unless there is a remaining trustee, the retirement is only effective when a new trustee has been appointed. \ Removal of trustee 45 The appointor may remove a trustee at any time by signing a statement to that effect. Appointment of trustee 46 The appointor may appoint an additional or replacement trustee at any time by a written statement to that effect. If there is no appointor, the first named beneficiary who is still alive may exercise this power. 47 The appointment provisions of this deed apply to the exclusion of any statutory appointment provisions. Registration of any deed which changes the trustee is not required to give effect to a change of trustee or to vest the trust's assets in a new trustee. Termination of appointment of trustee 48 The appointment of a trustee terminates automatically if any of the following occurs: + the trustee is found to be of unsound-mind, or the trustee or his or her estate becomes liable to be dealt with in any way under a law dealing with mental health; e the trustee becomes bankrupt or makes an arrangement or composition with his or her creditors; » the trustee enters into compulsory or voluntary liquidation (except for the purposes of amalgamation or reconstruction), or has an administrator, receiver, Official manager, or receiver and manager appointed to any part of its assets. Transfer of assets 49 On retirement or removal of a trustee, or automatic termination of a trustee’s appointment, the trustee must immediately do each of the following at the trust's expense: ¢ hand over the books, accounts, documents and property of the trust to the new 11
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pay ab (er trustee; « do everything necessary to vest the assets of the trust in the new trustee; e do everything reasonably required by the new trustee to hand over to the new trustee possession and control of any assets in the hands of third parties; e do everything reasonably required by the new trustee to inform the new trustee of the full state of affairs of the trust. Appointor may appoint appointor 50 The appointor may appoint a person as an additional or replacement appointor. The -appointor may do so by deed. Appointor may remove appointor in certain circumstances 51 Where an appointor has appointed an additional appointor (second appointor) pursuant to the power set out in clause 50, that appointor may remove the second appointor at any time. That appointor may do so by deed. Appointor may appoint replacement by will 52 The appointor may appoint a person as a replacement by will. The will is effective for this purpose unless the appointor has revoked the power to appoint an appointor prior to the appointor's death. Appointor on insolvency or if power not exercised 53 If a sole individual appointor: ¢ dies and has not appointed a replacement by deed or by will and has not revoked the power to appoint an appointor, then the named beneficiaries or the surviving named beneficiary becomes appointor on the appointor's death; or « becomes mentally or physically incapable of fulfilling the role of appointor, the appointor's legal personal representative becomes appointor for so long as that incapacity continues. If a sole company appointor enters into compulsory or voluntary liquidation (except for the purposes of amalgamation or reconstruction), or has an administrator, receiver, controller or receiver and manager appointed to any part of its assets, then the named beneficiaries or the surviving named beneficiary becomes appointor. In either case, if there is no surviving named beneficiary, then: e ifthe appointor is the sole individual appointor, that person's lega! personal representative becomes appointor; or ° ifthe appointor is the sole company appointor, there will be no replacement appointor. 12
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pay jaa B (We H Variation and termination of the trust Trustee may vary this deed 54 ___The trustee may vary this deed at any time before the vesting day, even to the extent of revoking all the trusts it establishes, but only with the consent of the appointor. The trustee must do so by executing another deed. That deed may reserve this power of variation. : Variation not to cause vesting after vesting day 55 The trustee may not vary this deed in a way that causes any part of the trust fund to vest after the vesting day. Variation not to allow benefit to trustee 56 The trustee may not vary clauses 34 or 38. Time variation takes effect : ' 57 A variation takes effect on the date specified in the deed. If no date is specified, it takes effect on the date of the deed: ~ ~ Altering termination date 58 _ The trust terminates 80 years after the date of this deed. It terminates at an earlier date if the trustee, with the appointor’s consent, decides that in the interests of beneficiaries it should terminate at a specified earlier date. -Retained amounts 59 The trustee must hold any retained amounts on trust for the beneficiaries in accordance with their entitlements at the time of termination of this deed. Power to postpone sale 60 The trustee may postpone the realisation of any asset for any period the trustee thinks desirable. I Miscellaneous Decisions by the trustee 61 The trustee may exercise a power or discretion by a resolution of the trustee or of its director. The exercise of the power or discretion must be evidenced. Statements and accounts 62. The trustee must establish and maintain proper books of account which accurately reflect all receipts and outgoings of the trust. The trustee may separately record all income and capital of different categories or classes referred to in this deed. 13
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fa Financial statements 63 The trustee must ensure that financial statements are prepared as at the end of each financial year by an appropriately qualified accountant, unless determined otherwise by the trustee. The statements are to include a profit and loss account and a balance sheet. if the trustee uses an accountant, then they are to be certified by that accountant to be a true and proper statement of the affairs of the trust in accordance with generally accepted accounting principles. To the extent appropriate to the trust's circumstances, they must set out: « the income of the trust; e the capital of the trust; * costs and disbursements and other outgoings paid or payable out of the trust and chargeable against income; * capital expenditure and liabilities chargeable to capital: « investments and money comprised in the trust; * amounts held in the accumulated income account; * amounts distributed to beneficiaries; * provisions and charges properly referable to the derivation of income. Access to accounts and books 64 A beneficiary is entitled to inspect the books and accounts of the trust on giving the trustee reasonable notice. Auditor 65 On the appointor’s request, the trustee must appoint an auditor to act as auditor of the accounts of the trust. Currency conversion 66 _ Hit is necessary to.convert an amount from one currency to another, the trustee must decide when it is to take place and the basis on which it is to be done. Trustee may value assets and liabilities 67 The trustee may at any time value the assets and liabilities of the trust. In doing so, the trustee is not to be regarded as having a valuer’s knowledge or any expertise in valuing assets. The trustee may determine what valuation methods and policies to apply. The valuation of an asset must be a market valuation unless the trustee decides that there is no market for an asset or that the market value does not represent its fair value. No partnership etc 68 This deed does not create the relationship of partners, or of principal and agent, between : the trustee and the beneficiaries. It does not create the relationship of partners between the beneficiaries. 14
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Notices 69 pay. lo Aw Q~ A notice or other communication that is required to be given or made or that may be _ given or made to the trustee is only given or made if it is in writing and delivered personally or sent to the address or fax number set out in the Schedule, or a replacement address or fax number notified to beneficiaries by the trustee. A notice or other communication that is required to be given or that may be given to a beneficiary is only given if it is in writing and delivered personally or sent to the beneficiary's registered address or fax number last notified in writing to the trustee. Time notice is given 70 Waiver 71 A notice or other communication is given or made: « when itis delivered personally; * when it should have been delivered in the ordinary course of the post (3 days within Australia; 10 days outside); * when the sender receives an acknowledgement or transmission report from the sender's fax that the notice or other communication was sent in full. A notice or other communication that is given or made after normal business hours is given or made at 9:00 am on the next business day (recipient's business days and time). The trustee or a beneficiary only waives a right or the performance of a duty by specifically waiving it in writing. Nothing else suffices. Other rights preserved | 72 This deed does not affect any other rights the trustee or a beneficiary may have apart | from the deed. Severance © 73 This deed is to be interpreted so as to avoid any illegality. If any clause is nonetheless illegal, it is to be severed from the deed to the extent of the illegality. More than one appointor 74 If there is more than one appointor at any time, the powers exercisable by the appointor are only exercisable by the appointors jointly. More than one trustee 78 If there is more than one trustee at any time, the powers and discretions exercisable by the trustee are only exercisable unanimously or by a majority of the trustees: Joint and several obligations 76 The obligations imposed on persons under this deed are imposed jointly and severally. 15.
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References to laws 77 References to laws in this deed refer to those laws as amended, or, if repealed, any laws that supersede the repealed laws, if that is consistent with the overall purpose of this deed and does not lead to an anomaly. Counterparts 78 ’ This deed may be executed by executing identical documents. It comes into effect when all the identical documents have been executed. Jurisdiction 79 This deed is governed by the law of the jurisdiction specified in the schedule. Each party submits to the jurisdiction of the courts of that jurisdiction. No party may argue, on the basis of the doctrine of forum non-conveniens or any other basis, that the courts of that jurisdiction should not exercise jurisdiction.
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£28 faye tle Qo Definitions Appointor includes the initial appointor (the person or persons named as appointor in the Schedule); and a person appointed as appointor in accordance with this deed. Assets does not include distribution amounts that are immediately payable but are not yet paid, whether or not they have been transferred to a distribution account. Associate means what it means under the Corporations Act. Beneficiary means a beneficiary named in the Schedule, or a member of a class of eligible beneficiaries specified in the Schedule, or a person named as an additional beneficiary by the trustee in accordance with clause 3. Business day means Monday to Friday, except public holidays in the jurisdiction stated in the Schedule. Child includes an adoptive child. Class of eligible beneficiaries means a class stated in the Schedule (except a class the trustee has deleted under clause 4), and a class nominated by the trustee under clause 3. \ Clear days in relation to a period of notice, excludes the day the notice is given and the day it becomes effective. Financial year means the period from 1 July in a year to 30 June in the next year. It also means the lesser period ending on 30 June after the date of this deed; and the period from 1 July until the termination of the trust before 30 June of the next year. Income for a given financial year, excludes any income for that year that the trustee has decided to accumulate. Income of the trust fund means, subject to clause 7, the net income of the trust as defined in section 95(1) of the income Tax Assessment Act 1936 (Cth) (as amended). Law includes a requirement under a law, and the rules of a stock exchange or other body with whose rules the trustee must comply. New trustee includes any remaining trustee. Next of kin means a persons’ spouse or, if there is no spouse, those most closely related by blood in equal degree. Person includes an entity that is not a legal entity. Perpetuity period means a period of 80 years from the date of this deed. Spouse includes a person not legally married to a second person where that person is living with the second person as his or her spouse on a permanent and bona fide domestic basis. Tax means any type of tax, duty, charge, fee or other requirement imposed by a government or government agency or authority of any type. Trustee if there is more than one trustee at any time, then at that time ‘trustee’ means ‘trustees’. Trust fund includes any income that has been accumulated or that has not been distributed. Vesting day means the first to occur of: the expiration of the perpetuity period; or such earlier date that the trustee, with the consent of the appointor (if any) determines in writing. Writing inctudes writing in electronic form. 17
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Schedule Date of this deed Name of the trust Name of the settlor Address of the settlor Name and address of the trustee Named beneficiaries Classes of eligible beneficiaries 12 July 2016 Martin Investment Trust Brereton John Kay 8 Albatross Crt Peregian Beach, QLD, 4573 Macmartin investments Pty Ltd, ACN 613 605 968 216 David Low Way Peregian Beach QLD, 4573 Andrew Martin 216 David Low Way Peregian Beach QLD, 4573 means each of the following, but does not include the settlor, or any child or spouse of the settlor: The spouse of a named beneficiary; The parents of a named beneficiary; The children of the named beneficiaries; The grandchildren of the named beneficiaries; The brothers and sisters of the named beneficiaries; The nieces and nephews of the named beneficiaries; The uncles and aunts of the named beneficiaries and the children of those uncles and aunts; The spouses of any children of the named ‘ beneficiaries; The spouses of any grandchildren of the named beneficiaries; : The spouses of any brothers and sisters of the name beneficiaries; d 18
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Name of the appointor The law of the jurisdiction that governs this deed The settled sum The spouses of any nieces and nephews of the named beneficiaries; The legal personal representatives of the deceased estate of any of the above persons; Schools, universities, colleges and other educational bodies of any kind either within or outside Australia; Companies: e Of which any of the beneficiaries otherwise mentioned in this schedule is a shareholder or director, or e Inwhich at least one share is owned beneficially by any of the beneficiaries otherwise mentioned in this schedule The trustees of any trusts in which any of the beneficiaries otherwise mentioned in this schedule has any interest, including as trustee, including an interest that is only expectant or prospective; Partners in any partnership in which any of the ’ beneficiaries otherwise mentioned in this schedule is a partner; Charities the trustee nominates for this purpose; Other legal entities the trustee nominates for this Purpose. Andrew Edward Martin Queensland $10 19
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Execution Executed as a deed. | Dated: / g > 7 — Q/ O Executed by Macmartin investments Pty Ltd ACN 613605968, in its capacity as trustee, in accordance with section 127(1) of the ' Corporations Act 2001 (Cwth): Andrew Martin, sole director and sole company secretary Signature: ” Brereton Jdppay——SS—S Settlor of the trust creat, Va Witness signature: , : Witness name: NS tep her Ca re 20 sa ®
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Discretionary Trust Ancillary Documents
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peg HO gr Consent to act as Trustee Martin Investment Trust established by deed dated 12 July 2016. Macmartin investments Pty Ltd, ACN 613 605 968 consents to act as trustee of the Martin Investment Trust that is to be created by a deed dated 12 July 2016 between Brereton John Kay as settlor and Macmartin investments Pty Ltd as trustee. Date: [P = (26 sion <ELE Signed for Macmartin investments Pty Ltd, ACN 613 605 968 by Andrew Martin, secretary
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a
wf px 23
(ae
Minutes of a Meeting of Macmartin investments Pty Ltd ACN 613
605 968
Place 216 David Low Way Peregian Beach
Date 12 July 2016
Time 14:00
Persons present Andrew Martin
4 Andrew Martin took the chair with the meeting’s approval.
2 The meeting noted that the requirements for notice of the meeting had been satisfied and
that the directors had approved the holding of the meeting at the place, on the date and
at the time specified.
- 3 The meeting resolved that the company act as trustee of the Martin Investment Trust
that is to be created by a deed dated 12 July 2016 between the company as trustee and
Brereton John Kay as settlor.
4 . The meeting resolved that the company execute the trust deed by the trustee signing the
document in accordance with section 127(1) of the Corporations Act 2001.
5 The meeting resolved to establish a bank account to be used for the purposes of the
trust.
6 The meeting resolved that each director of the company be authorised separately to
operate the bank account and to sign, draw, accept, endorse or execute any cheque,
promissory note, bankers draft, bill of exchange or other negotiable instrument; and to
give a receipt for money paid into the account.
7 The chair closed the meeting.
Signed as a true record of the meetings
Date: - [G- 7 - ZOLG
Signed: LLL
Andrew Martin, Chair
This is to certify that this page and the preceding ar
pages is a true and complete copy of the original.
ene Date: x/ol b.
Kylie Maree Cook
-"G.DEG 80814
Page 33
717273477 V1 REGISTERED Registration Date 22/06/2016 12:11 Page 1 of 10
QUEENSLAND TITLES REGISTRY
Land Title Act 1994, Land Act 1994 and Water Act 2000
NR 460
GENERAL REQUEST
717273477
$169.00
eo. 00
26/05/2016 09:06
FORM 14 version 4
Page 1 of 1
7
Duty Imprint
1. Nature of request
REQUEST TO RECORD FIRST COMMUNITY
MANAGEMENT STATEMENT FOR MARTIN PLACE
AT PEREGIAN COMMUNITY TITLES SCHEME
2. Lot on Plan Description
LOT 73 ON CP P9313
Lodger (Name, address, E-mail & phone number)
LYN, WJ/LOM AN
Po Box $7 PEREG LIN BEACH
Ovo 4573 .
ign @ 4h egienbeach . tom. av
O4lI7OfF aT -
Lodger
Code
Title Reference
13530193
3. Registered Proprietor/State Lessee
LYNETTE MARILYN WILDMAN AND NARELLE EMILY GATES AS TRUSTEE UNDER INSTRUMENT 708105883
4. Interest
NOT APPLICABLE
5. Applicant
LYNETTE MARILYN WILDMAN AND NARELLE EMILY GATES
AS TRUSTEE UNDER INSTRUMENT 708105883
6. Request
| hereby request that the first CMS deposited herewith be recorded as the CMS for Martin Place at Peregian Community
Titles Scheme and that McCormick Lawyers Suite 13, 1 Lanyana Way Noosa Heads Queensland 4567 be recorded as
the address for service of the body corporate for the scheme.
7. Execution by applicant
L
© The State of Queensland {Natural Resources, Mines and Energy} 2021
BG homme
Lynette Marilyn Wildman
Mela.
1415 16
“Kiarelle E Gates
Execution Date
Note: A Solicitor is required to print full name if signing on behalf of the Applicant
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QUEENSLAND TITLES REGISTRY FIRST/NEW COMMUNITY MANAGEMENT STATEMENT CMS version 3 Oadv Carmorate and Community Management Act 1997 Page 1 of 7 486 8 9 This statement incorporates and must include the following: Schedule A - Schedule of fot entitlements Schedule B - Explanation of development of scheme land Umice use viny Schedule C - By-laws CMS LABEL NUMBER Schedule D - Any other details Schedule E - Allocation of exclusive use areas 1. Name of community titles scheme 2. Regulation module Martin Place at Peregian Community Titles Schme Commercial Module 3. Name of body corporate Body Corporate for Martin Place at Peregian Community Titles Scheme 4. Scheme land Lot on Plan Description Title Reference Common Property for Martin 13530193 Place at Peregian Community Titles Scheme Lots 1 to 4 on SP284446 5. *Name and address of original owner 6. Reference to plan lodged with this statement Lynette Marilyn Wildman & Narelle Emily Gates as SP284446 Trustee under instrument 708105883 c/- McCormick Lawyers, Suite 13, 1 Lanyana Way, Noosa Heads Qld 4567 # first community management statement only 7. Locat Government community management statement notation Agu UeiS Aamotsey M OA. Veal, One. \sesseevsee. NOOSA Council name of Local Government name and designation 8. Execution by original owner/Consent of body corporate Execution Date *Execution *Original owner to execute for a first community management statement “Body corporate to execute for a new community management statement Privacy Statement Collection of information from this form is authorised by legislation and is used to maintain publicly searchable records. For more information see the Department's website. L _
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Title Reference 13530193 Martin Place at Peregian Community Titles Scheme Page 2 of 7 SCHEDULE A SCHEDULE OF LOT ENTITLEMENTS Lot on Plan Contribution Interest Lot 1 on SP 284446 1 1 Lot 2 on SP 284446 I 1 Lot 3 on SP 284446 1 1 Lot 4 on SP 284446 1 I a as [SCHEDULE B EXPLANATION OF THE DEVELOPMENT OF SCHEME LAND Not applicable. [SCHEDULE C BY-LAWS 1. Noise. The occupier of a fot must not create noise likely to interfere with the peaceful enjoyment of a person lawfully on another lot or common property. 2. Obstruction. The occupier of a lot must not obstruct lawful use of the common Property by someone else. 3. Damage to Gardens etc on Common Property. The occupier of a lot must not without the Body Corporate's written approval: 3.1 damage any lawn, garden, tree, shrub, plant or flower on the Common Property; or 3.2 use a part of the Common Property as a garden. An approval under this by-law must state the period for which it is given. However, the Body Corporate may cancel the approval by giving 7 days written notice to the occupier. 4. Damage to Common Property. The occupier of a lot must not mark, paint, drive nails or screws or other objects into, or otherwise damage or deface, any structure that forms part of the Common Property except with the written approval of the Body Corporate. However, this by-law does not prevent an occupier from installing a locking or safety device to protect the lot against intruders. or a screen to pre3vent entry of animals or insects., if the device or screen is soundly built and is consistent with the colour, style, materials of the Building. 5. Depositing of Rubbish on Common Property. The occupier of a lot must not leave rubbish or other materials on the Common Property in a way or place likely to interfere with the enjoyment of the common Property by someone else. 6. Instructions to Contractors. The occupier must not directly instruct any contractors or workmen employed by the Body Corporate unless authorised to do so. 7. Stormwater. All stormwater on site, except roof water, shall be discharged through an approved Gross Pollutant Trap (GPT) prior to being permitted to discharge into Councils drainage system. 8. Garbage Disposal. The occupier of a lot must: 8.1 unless the Body Corporate provides some other way of garbage disposal, keep a receptacle for garbage in a clean and dry condition and adequately covered on the lot, or on a part of the common property designated by the Body Corporate for the purpose; 8.2 comply with all local government laws about the disposal of garage;
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Title Reference 13530193 Martin Place at Peregian Community Titles Scheme 16. Page 3 of 7 8.3 ensure that the health, hygiene and comfort of the occupiers or other lots is not adversely affecte3d by the disposal of garbage; and 8.4 use the recycle bins or receptacles (if any) that may be provided by the body Corporate and separate, where necessary any garbage so that full use is made of such bins or receptacles. 9. Appearance of Lot. The occupier of a lot must not, without the Body Corporate’s written approval, make a change to the external appearance of the lot unless the change is minor and does not detract from the amenity of the lot and its surrounds. The occupier of a lot must not, without the Body Corporate’s written approval: 9.1 hang washing, bedding, or another cloth article of the article is visible from another lot or the Common Property, or from outside the Scheme Land; or 9.2 display a sign, advertisement, placard, banner, pamphlet or similar article if the article is visible from another lot or the common Property, or form outside the Scheme Land 10. Storage of Flammable Materials 10.1 The occupier of a lot must not, without the Body Corporates written approval, store a flammable substance on the Common Property. 10.2 The occupier of a lot must not, without the Body Corporate’s written approval, store a flammable substance on the lot unless the substance is used or intended for domestic purposes. 10.3 However, this by-law does not apply to the storage of fuel in the fuel tank of a vehicle, boat or internal combustion engine or a tank kept on a vehicle or boat in which the fuel is stored under the requirement of the law regulating the storage of flammable liquid. 11. Keeping of Animals The occupier of a lot must not, without the Committee of the body Corporate’s written approval, bring or keep an animal on the lot, or the common Property or permit an invitee to bring or keep an animal on the lot or the common Property. 12. Auction Sales. The occupier of a lot must not permit any auction sale to be conducted or to take place on the lot or on the Common Property without the Body Corporate’s written approval. 13. Right o Entry. 13.1 The occupier, upon receiving reasonable notice from the Body Corporate, must allow the Body Corporate or the Manager or any contractors, workmen or other persons authorised by them the right of access to the lot for the purpose of carrying out works or effecting repairs to nay utility infrastructure. 13.2 If in the reasonable opinion of the Body Corporate or the Manager there is a matter of sufficient emergency no such notice will be necessary. Such works or repairs shail be at the expense of the owner of the lot in the case where the need for such works or repairs is due to any act or default of the occupier or their guests, servants or agents. The Body Corporate or the Manger in exercising the powers under this by-law must ensure that its servants, agents and employees cause as little inconvenience to the occupier of the lot as is reasonable in the circumstances. 14. Use of Lots. 14.1 Subject to any by-law to the contrary, the occupier of a lot must not use their lot or permit the same to be used for any purpose that may cause nuisance or hazard or for any illegal or immoral purpose or for any other purpose that may endanger the safety or good reputation of persons residing within the Scheme Land. 14.2 The owner of a lot is liable for any increase in the premium for reinstatement insurance effected by the Body Corporate, which increase its attributable to the way in which a lot (or any associated occupation authority area or exclusive use area) is used by the owner or any occupier. 15. Infectious Diseases. In the event of any infectious diseases which may require notification by virtue of any stature, regulation or ordinance happening in any lot, the occupier of the lot must give written notice thereof and any other information which may be required relative thereto to the Body Corporate and shall pay to the Body Corporate the expenses incurred by the Body Corporate of disinfecting the lot and any part of the Common Property required to be disinfected and to replace any articles or things the destruction of which may be rendered necessary by such disease. Alterations to the Lot.
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° Title Reference 13530193 Martin Place at Peregian Community Titles Scheme 17. 18. 19. 20. 21. 22. Page 4 of 7 The occupier of a lot must not, without the written approval of the Body Corporate:- 16.1 effect a structural alteration to the interior of the lot; or 16.2 paint, repaint or carry out work to or alter the exterior of the lot or to the Common Property. Before deciding whether to give approval, the Body Corporate may require plans and specifications of the proposed work, alteration, improvement or structure and such other particulars and information as the Body Corporate may require. Any work, alteration, improvement or structure carried out or erected in breach of this by-law may be removed by the Body Corporate. External Appearance and Window Coverings. Despite any other by-law to the contrary, the occupier of a lot is prohibited from closing in balconies or terraces (which must remain unenclosed with no shutters, glazing, louvres or similar permanent structures) and must not erect any structures or change any existing structure on the outside of the lot or the Building except in accordance with any approval from the local government or any other authority having jurisdiction in respect of such matters. An occupier of a lot must not hang, install, remove or replace any window covering (including, without limitation, a curtain, curtain backing, blind, shutter or tinting) unless the colour and design have been approved in writing by the Body Corporate. In giving such approval, the Body Corporate shall ensure so far as practicable that all window coverings used in all lots present are uniform appearance when viewed from Common Property or any other lot. Maintenance of Lots. Except where it is the responsibility of the Body Corporate under the Act, the Regulation Module or these by-laws, each owner shall be responsible for the maintenance of their lot and must ensure that the lot is so kept and maintained as not to be offensive in appearance to other lot occupiers through the accumulation of excess rubbish or otherwise. All lots must be maintained to prevent the excessive growth of grass and other vegetation making lots unsightly, increasing fire risks or contributing to the spread of noxious weeds to other lots. This maintenance obligation extends to a lot owner maintaining a grease/oil arrestor pits/gross pollutant trap that may have been installed in a lot for the benefit of that lot owner. The owners of the subject lots shall: 18.1 inspect the grease/oil arrestor pits/gross pollutant traps on a weekly basis an after each storm event and 18.2 enter into an ongoing maintenance contract with a Registered Contractor to clean and maintain the grease/oil arrestor pits/gross pollutant traps on a regular three monthly cycle and on a “On Call” basis in the case of an emergency. Replacement of Glass. Windows must be kept clean and promptly replaced by and at the cost of the occupier of the lot with fresh glass of the same kind and weight as at present if broken or cracked. This by-law shall not prohibit an owner from making a claim on any applicable Body Corporate insurance. Taps. The occupier of a lot must not waste water and shall see that all water taps in the lot are promptly turned off after use. Should the lot be unoccupied for a period of more than a month, then the stopcock or such other similar device on the hot water system must be turned off. Utility Infrastructure. The utility infrastructure must not be used for any purpose other than that for which they were constructed and no sweepings or rubbish or any other unsuitable substance shall be deposited therein. Any damage or blockage resulting to any utility infrastructure for misuse or negligence shall be borne by the owner whether the same is caused by the lot owner or those of his servants, agents, licensees or invitees. Behaviour of Invitees. 22.1 The occupier of a lot must take reasonable steps to ensure that the occupier’s invitees do not behave in a manner likely to interfere with the peaceful enjoyment of another lot or the Common Property. 22.2 The occupier of a lot is liable to compensate the Body Corporate in respect of all damage to the Common Property or damage to Body Corporate asses caused by the occupier or their servants, agents, licensees or invitees. 22.3 The owner of a lot which is the subject of a lease, tenancy or licence must take reasonable steps, including any action available under any such lease, tenancy or licence, to ensure that any lessee, tenant or licensee or other occupier of the lot or their invitees comply with these by-laws. 22.4 The duties and obligations imposed by these by-laws on an occupier but also by the guests, servants, employees, agents, children, invitees and licensees of such occupier.
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e Title Reference 13530193 Martin Place at Peregian Community Titles Scheme Page 5 of 7 23. 24. 25. 26. 27 28. 22.5 Where the Body Corporate expends money to make good damage caused by a breach of the Act, the Regulation Module or of these by-laws by any occupier or a lot or the guests, servants, employees, agents, children, invitees or licenses of the occupier of a lot or any of them, the Body Corporate is entitled to recover the amount so expended as a debt in any action in any Court of competent jurisdiction from the owner of the lot at a time when the breach occurred. Notice of Defect. The occupier of a lot must give the Body Corporate or the Manger prompt notice of any accident to or defect in the utility infrastructure on the Common Property which comes to his knowtedge and the Body Corporate has authority by its agents or servants in the circumstances having regard to the urgency involved to examine or make such repairs or renovations as it may deem necessary for the safety and preservation of the Building and the Scheme Land as often as may be necessary. Owner not to litter. The occupier must not throw or allow to fall or permit or suffer to be thrown or to fall any paper, rubbish, refuse, cigarette butt or other substance or article whatsoever out of the windows or doors or down or from any staircases, skylights, balconies, the roof or in passageways of the Building. Any damage or costs for cleaning or repair caused by such breach must be borne by the occupier concerned. Display Unit. While the original owner remains an owner of any lot, it and its officers, servants and/or agents are entitled to use any lot or lots of which it remains an owner as a display unit and shall be entitled to allow prospective purchaser to inspect any such unit/s and for such purposes shalt be entitled to use such signs, advertising or display material in or about the lot/s and Common Property as it thinks fit, such signs to be attractive and tasteful having regard to the general appearance of the Scheme Land but such signs shall not at any time be more in terms of number and size than is reasonable necessary. Exclusive Use Areas. 26.1 Not Applicable Body Corporate Empowered to Enter into Agreements. Without limit any powers, authorities, duties and functions conferred or imposed by or under the Act or elsewhere under these by-laws the Body Corporate is empowered to enter into with such person or corporation as the Body Corporate in its absolute discretion may decide one or more of the following agreements. 27.1 an agreement for the caretaking, management and/or maintenance of the Common Property and the letting of lots on behalf of owners and occupiers. 27.2 an agreement for the appointment of a body corporate manager for the performance of, among other things, certain duties and obligations of the body Corporate (so far as it is lawful to do so); 27.3 an agreement for the purpose of better seeing to the proper functioning, operation and management of the Building and the Common Property or for the purpose of ensuring the proper performance of the powers, duties and functions of the Body Corporate (including agreement with service contractors); or 27.4 an agreement for the supply of services (including utility services) to the Building and incorporating cost sharing arrangements including, without limitation, an agreement for the provision and installation of satellite sharing arrangements including, without limitation, an agreement for the provision and installation of satellite dishes and other telecommunications facilities within the Scheme Land or on the Building: any such agreement shall be upon such terms and conditions as the Body Corporate may decide in its absolute discretion. Bulk Supply of Utility Services. The Body Corporate may in its absolute discretion supply or engage another person to supply a utility service to the Scheme Land and in such case the following will apply: 28.1 the Body Corporate has the power to enter into a contract or agreement for the purchase of a utility service on the most economical basis for the whole of the Scheme Land from the relevant authority or service provider; 28.2 the Body Corporate has the power to sell a utility service to each owner or occupier in the Scheme Land provided however that in respect of an electricity supply, the Body Corporate’s charge must not exceed the lowest available tariff to the relevant owner or occupier for the supply of the electricity direct from the relevant electricity authority;
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v Title Reférence 13530193 Martin Place at Peregian Community Titles Scheme Page 6 of 7 29. 30. 31. 28.3 28.4 28.5 28.6 28.7 28.8 29.9 29.10 Security 29.1 29.2 each owner or occupier must purchase and use the relevant utility service direct from the Body Corporate and must not purchase the utility service from any other source; the Body Corporate is not required to supply to any owner or occupier a utility service beyond the requirements which the relevant authority or service provider could supply at any particular time; the Body Corporate may charge for the utility service (including for the installation of and the costs associated with, utility infrastructure for the utility service) but only to the extent necessary for teimbursing the Body Corporate for supplying the utility service; the Body Corporate may render accounts to each owner or occupier and such accounts are payable to the Body Corporate within fourteen (14) days of the delivery of such an account; in respect of an account which has been rendered pursuant to this by-law, an owner or occupier is liable, jointly and severally with any person who is label to pay that account when that owner or occupier became the owner or occupier of the lot; in the event that an account for the supply of a utility service is not paid by its due date for payment, then the Body Corporate is entitled to disconnect the supply of the utility service to the relevant lot and/or recover the amount of the unpaid account (whether or not a formal demand has been made) as a liquidated debt due to it in any court of competent jurisdiction. the Body Corporate is not responsible or liable for any failure of the supply of a utility service doe to breakdowns, repairs, maintenance, strikes, accidents or causes or any class or description. the Body Corporate may, from time to time, determine a security deposit to be paid by each owner or occupier who is connected to the supply of a utility service as a guarantee against non-payment of accounts for the supply of the utility service. All security equipment (if any) installed on Common Property and used in connection with the provision of security for the Scheme land must with the exception of that equipment installed upon any lot by an owner, be and remain the property of the Body Corporate. All security equipment (with the exception of that equipment installed upon any lot by an owner, which shall be maintained at the cost of the owner) the property of the Body Corporate must be repaired and maintained at the cost of the Body Corporate. In no circumstances will the Body Corporate be responsible to an owner (and the owner shail not be entitled to make any claim for compensation or damages) in the event of a failure of all or any of the security systems put in place by the Body Corporate to operate in a manner in whey they are intended. Where the failure to operate arises from a malfunction of the security equipment in a lot, then the occupier must allow the Body Corporate or the Manager and their respective servants, agents or contractors to enter upon the lot (upon reasonable notice except in the case of an emergency, in which case no such notice shall be required) and attend to the repair (which term shall include replacement where required) or maintenance of the security equipment. The costs of the repair or maintenance of the security equipment within a lot must be at the cost of the owner of a lot. Recovery of Costs. The owner must pay on demand the whole of the Body Corporate Costs (including solicitor and own client costs), which amount shall be deemed to be a liquidated debt due, in recovering all and any levies or moneys duly levied upon such owner by the Body Corporate pursuant t the Act or the Regulation Module. Where the Body Corporate expends money to make good damage caused by a breach of the Act, the Regulation Module or these by-laws by any owner or the tenant, guests, servants, employees, agents, children, invitees or licensees of the owner or any of them the Body Corporate is entitled to recover the amount so expended as a debt in any action in any Court of competent jurisdiction from the owner of the lot at the same time when the breach occurred. Interpretation. in these by-laws, except where inconsistent with the context, the following terms have the following meanings: 31.1 “the Act “means the Body Corporate and Community Management Act 1997 and includes ail related regulations and the Regulation Module; 31.2 “the Body Corporate” means the body corporate identified in item 3 of this Community management Statement; 31.3 “the Building” means the building containing the lots and includes, where the context permits or requires, any other buildings or improvements on the Scheme Land; 31.4 “the Manager” means a person or corporation who has been engaged and/or authorised by the Body Corporate to supply management, caretaking and/or letting services for the benefit of the Common Property or lots included in the Community Titles Scheme; 31.5 “Common Property” means all land contained in the Community Titles Scheme that is not included within a lot; 31.6 “Community Management Statement’ means the management statement to which these by-laws are annexed;
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‘ ae * "Title Reference 31.7 31.8 31.9 31.10 31.11 31.12 31.13 13530193 Martin Place at Peregian Community Titles Scheme Page 7 of 7 “Community Titles Scheme” means the community titles scheme identified in Item 1 of this Community Management Statement; “lot” means a lot in the Community Title Scheme; “original owner” means Lynette Marilyn Wildman and Narelle Emily Gates as trustee or any successor or assign of any development lot or any mortgagee of that part or any nominee from time to time of any of them; “Regulation Module” means the regulation module identified in Item 2 of this Community Management Statement; “Scheme Land” means the scheme land identified in the Item 4 of this Community Management Statement and includes, when the context permits or requires, all improvements thereon. “utility infrastructure" means cables, wires, pipes, sewers, drains, ducts, plant and equipment by which lots or Common Property are supplied with utility services; “utility service” means: (a) water reticulation or supply; (b) gas reticulation or supply; (c) electricity supply; (d) air-conditioning; (e) a telephone service; (f) a cable or satellite TV service; (g) | acomputer data or television service; (h) a sewer system; (i) drainage; a) a system for the removal or disposal of garbage or waste; (k) a ventilation or air extraction system; or ()) another system or service designed to improve the amenity, or enhance the enjoyment of lots or Common Property. | SCHEDULE D OTHER DETAILS REQUIRED/PERMITTED TO BE INCLUDED Service Location Diagrams Lots on Plan or Common Property Statutory Easement Service Location Diagram Common Property Support, shelter and services Attached services plan ‘A’ Lot | on SP 284446 Support, shelter and services Lot 2 on SP 284446 Support, shelter and services Lot 3 on SP 284446 Support, shelter and services Lot 4 on SP 284446 Support, shelter and services SCHEDULE E DESCRIPTION OF LOTS ALLOCATED EXCLUSIVE USE AREAS OF COMMON PROPERTY Not Applicable martin.cms
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7 SERVICES PLAN LEGEND _ T—— Telstra —w w— Water Stormwater Elect Sewer Building é LEVEL A Scale 1:125 — Lengths are in Metres. Sot bk tt § © YH 2 3 4 HB B F 8 staf el “ LA =e MARTOO CONSULTING PTY. LTD. ABN 86 120 929 7075 P. F - hereby certify that the details shown on thls N OF SERVICES sae sketch plan ore correct. Lave martoo Consulting es tee SHEET OF Pay Date For Lots | —4 & Common Property on SP284446 \ + ucben designers + surveyors Director ke Codestral Surveyor MS NAME Martin Place at Peregian Sermon skeet one P.D Bor) date aia SLD-01813-01—A fers 19545-33224 1:725 | ALLOT73SEC3 recor ea
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QUEENSLAND TITLES REGISTRY SCHEDULE FORM 20 version 2 Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 2 of [Total] [ 13530193 ~] Title Reference fritie Référence] Statement about alteration or minor correction to Land Registry Form Form being aitered or corrected: Name of authorised person or solicitor: feree Metr V Name of authorised person’s firm or employer (legal practice, commercial! lender or settlement agency): item/s being altered or corrected: = a EM F 7 inlecve Ay TRUSTED ONDER INSTOGM ET 7O8 i035 LE 3 Details of alteration or minor correction: Party represented (where signed by solicitor): Authorised person’s or Solicitor’s Signature Name of authorised person or solicitor: Name of authorised person’s firm or employer (legal practice, commercial lender or settlement agency): item/s being altered or corrected: Details of alteration or minor correction: Party represented (where signed by solicitor): Authorised person’s or Solicitors Signature
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SP284446 V1 REGISTERED Recorded Date 26/05/2016 09:10 Page 1 of 3 Not To Scale
Sheet] of
Land Title Act 1994; Land Act 1994 SURVEY PLAN
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State copyright reserved.
MARTOO CONSULTING PTY. LTD. ABN &6 120 928 707 0 | ! ! |
hereby certify that the land comprised in this plan was surveyed by
the corporation, by Rick Nathan Lynch, Surveying Graduate,
under the supervision of Gregory Francis Martoo, Cadastral Surveyor
for whose work the cg
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and that fe Ghid“sqeh SSeS ed on 15/12/2015
Cancelling Lot 73 on P9313
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Copyright protects the plan/s being ordered by you. Unauthorised reproduction or amendments are not permitted.
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other SecA ttt Land Title Act (994; Land Act 1994 Form 21A Version | ADDITIONAL SHEET Common Property COMMON PROPERTY Sheet] of 67 m2 74 m2 Common Property LEVEL A LEVEL B Common Property Common Property . Yerandah ommon T em 3 Property 4 ~ 74 m2 L108 m2 (Total) L101 m2 Common Property Scale 1:150 — Lengths are in Metres. Loti | L \ ! ! ! i ! | ! J 4 6 8 10 l2 |4 16 18 20 22 , \ . é L50|mm \ ! p_!00}mm_ l 1 L150 [mm State copyright reserved. SP284446 Insert Plan Number
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I Lond Title Act 1994; Land Act [994 Form 21B Version | WARNING : Folded or Mutilated Plans will not be accepted. Plans may be rolled. Information may not be placed in the outer margins. Sheet] of 3 | 3 Registered 717273502 $694.00 26/05/2016 09:10 NR 400 NT Ly Womans Po Bex S7 FERECIANS Bese Ove 4x73 O4IZ7TO802T- (Include address, phone number, reference, and Lodger Code) S.Lodgedby forex Maerim on BEHACE cE \. Certificate of Registered Owners or Lessees. 6. Existing Created I/We hyve TIE. Maen. WN. AL OMAN... AND Title Reference} Lot Plan New Lots Road | Secondary Interests a 4 y R MARELLE... Ely. GATES... AS... ROSIE... 13530193 | 73 P9313 1-4&¢P _ _ UNQER.... INSTRUMENT... TORIOSBIZ... (Names in full) * as Registered Owners of this land agree to this plan and dedicate the Public Use Land as shown hereon in accordance with Section 50 of the Land Title Act 1994. * Sign #* Rule out whichever is inapplicable 2, Planning Body Approval * GympreRegionetésenc! NoosA Council . hereby approves this plan in accordance with the: % SOSTAINABLE PLANNING ACT Zio Develpnert Apron! Dele I8/b oct 9. Building Format Plans only. I certify that : * As far as it is practical to determine, no part of the building shown on this plan encroaches onto adjoining lots or road: Lian. arab / Ggastral Surveyor /Director™ Date Dated this...... 2 eee 7 th . day of... MAY 20, * delete words not required 10. Lodgement Fees : MAL Lewis |—~ 4 &CP Allot 73 of SEC 3 ee ie # Survey Deposit $... AuThotsed OFFICE # Lots Orig Lodgement $... 7.OrigGrant Allocation. sf New Titles $s. % Insert the name of the Local Government. _% Insert Integrated Planning Act 1997 or Photocopy $.. # Insert designation of signatory or delegation Local Government (Planning & Environment) Act 1990 | & Passed & Endorsed : Postage ¢ 3. Plans with Community Management Statement: | 4 References : By: TOTAL $ CMS Number: +6689 Dept File: | Date: N Martin Pl t P . Local Govt : PS Ib 0o2o Signed : It Insert ame : arin race at reregian Surveyor : 01813 Designation: Cadastral Surveyor Number SP284446