ATTCH 5 - IR Response - Covenants (Anderssen Lawyers) (1)

QUEENSLAND TITLES REGISTRY                                   SCHEDULE                                       FORM 20 Version 2
Land Title Act 1994, Land Act 1994 and Water Act 2000                                                           Page 7 of 8


                                                   Title Reference [Title Reference]


         (b)      on the third business day after posting (if sent by post); and

         (c)      by 4.00pm on the business day a facsimile is sent (if the facsimile is sent prior to 4:00pm according to
                  the transmission report of the sender), but otherwise on the next business day, unless the sender is
                  aware that the transmission is impaired.

12.4     Governing Law

         This easement is governed by the laws of Queensland.

12.5     Variation

         A variation of the easement will only take effect if it be in writing and is executed by both parties.

12.6     Joint Liability

         If a party consists of more than one person, the liability of those persons under the easement shall be on a joint
         and several basis.

13.      DICTIONARY

13.1     In the easement, unless inconsistent with the subject or context:

         (a)      "benefited land" means the land described in item 2 as the Dominant Tenement;

         (b)      "burdened land" means the land described in item 2 as the Servient Tenement;

         (c)      "equipment" means all pipes, drains, conduits, manholes, wires and other related equipment required
                  for services;

         (d)      "grantee" means the party specified in item 5 together with that party's personal representatives or
                  successors and assigns;

         (e)      “Grantee’s Authorised Users” means the Grantee’s employees, agents, contractors, invitees and other
                  persons authorised by the Grantee;

         (f)      "grantor" means the party specified in item 1 together with the party's personal representatives or
                  successors and assigns;

         (g)      “Grantor’s Authorised Users” means the Grantor’s employees, agents, contractors, invitees and other
                  persons authorised by the Grantor to enter upon, occupy or use the Servient Tenement.

         (h)      "item" means those items numbered 1 to 8 in the Form 9 easement;

         (i)      "maximum size" means maximum capacity according to the design and construction of the road built on
                  the burdened land from time to time;

         (j)      "purpose" means the purpose in clause 2 of this easement;

         (k)      "services" means the underground passage of water, sewerage, stormwater, electricity,
                  communications, data, utility services, rain water and other lawful drainage discharge;

         (l)      "vehicles" means any vehicle for the carriage of goods or persons and automobile machinery or plant
                  which does not exceed the maximum size.