MCU14/0106 Appendix M - CT, Survey Plan, Easements and Covenants

 

* QUEENSLAND LAND REGISTRY SCHEDULE Form 20 version 2

" Land Title Act 1994, Land Act 1994 Page 2 of 5
and Water Act 2000

2

4

This is the Schedule referred to in the Form 31 Covenant dated the el day of October 2006.

1.

Purpose () aR
This Covenant is entered into between the Covenantor and Covenantee pursuant to sections 94A(3)(A\(i) and
97A(3){b) of the Land Title Act 1994 for the purpose of the cerserveter of the existing native vegetation in the lots
described in Item 2 of the Form 31 Covenant. Preses veto ac, .
Interpretation

The Covenantor and the Covenantee agree that the intent of this Covenant is to ensure that the Native Vegetation
on the Native Vegetation Area is maintained, and the Covenantor and the Covenantee agree that this Covenant is
to be interpreted, performed and applied accordingly.

Definitions

In this Covenant: -

“Approved Plans" means any plans approved by the Covenantee at the date of this Covenant or in the future
regarding the Land.

“Building” means a fixed structure that is either wholly or partly enclosed by walls and is roofed and includes any
part of a building. .

"“Covenantee” means the Council of the Shire of Noosa and its successors.

"Covenantee’s Agents” includes the Covenantee’s elected members and officials together with the Covenantee's
relevant agents. employees, contractors and subcontractors

"Covenantee's Right of Access” means the rights set out in Clause 5 of this Covenant.

“Covenantor" means the registered proprietor of the Land and its successors in title, transferees and assignees.
*Covenantor’s Obligations” means the obligations set out in Clause 4 of this Covenant.

“Declared and Undesirable Plants" means any vegetation declared by any legislation with jurisdiction in the State of
Queensland, and any species defined as undesirable by the Noosa Council through either a Planning Scheme
Policy or an adopted Pest Management Plan.

“Dividing Fences" has the same meaning as in the Dividing Fence Act 1953.

“Erect” includes erect, construct, make or place and also includes commencing or continuing the erection,
construction, making or placing

“Land” means the property described in Item 2 of the Covenant and any land created in lieu thereof by registration
of any plan and howsoever described.

"Management Plan” means all management plans approved by the Covenantee from time to time affecting the
Native Vegetation Area of the Land including but without limitation: -

{a) — Environmental Management Plan
(b) Site Rehabilitation Plan
{c) Stormwater Management Plan

(d) Bushfire Management Plan

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