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 3 of 5
and Water Act 2000

"Native Vegetation Area” means the part of the Land depicted on the Survey Plan as being subject to the Covenant
described in Item 2 of the Form 31 Covenant.

“Native Vegetation” means the native trees, bushes, plants, shrubs, flowers, grasses, algae and fungi, but does not
include Declared and Undesirable Plants.

“Structure” includes any Building, wall, fence (other than a Dividing Fence), pillar, pipe, drain, conduit, post,
roadway or path or other structure or erection.

"Survey Plan" means Plan SP182845.
4. Covenantor's Obligations

4.1. The Covenantor covenants and agrees with the Covenantee that the Native Vegetation Area will be
protected, preserved and conserved by the Covenantor to the satisfaction of the Covenantee. Without
limiting the generality of the preceding, the Covenantor agrees that: -

(a) No living or dead vegetation now existing or hereafter existing in the Native Vegetation Area, will be
trimmed, pruned, cut down, damaged, destroyed, mowed, harvested, picked or removed from the
Native Vegetation Area unless approved by the Covenantee. However, in accordance with the Letter
of Undertaking dated September 28, 2006 provided by Energex Limited (“Energex”) to the Covenantor
(a copy of which is attached as "Annexure ‘A’”), the Covenantee acknowledges that Energex may be
required in situations of emergency to clear part of the Native Vegetation Area which is subject to
Energex's Easement for electricity services purposes without obtaining the Covenantee’s prior
approval subject to Energex causing as minimal disturbance as possible to the Native Vegetation
Area. In any event, the Covenantor will reinstate, repair and make good any damage caused to the
Native Vegetation Area (and any Native Vegetation) within a reasonable time;

(b) No fixtures or improvements including Buildings or other Structures other than Structures approved in
the Management Plan, the Master Plan (Map SBC (MP2 Plan)}) or Approved Plans or previously
approved by the Covenantee in writing will be erected in the Native Vegetation Area;

(c) No trail, path, access or other way (other than those approved in the Management Plan, the Master
Pian (Map SBC (MP2 Plan)) or Approved Plans or by the Covenantee) will be made !aid out or erected
in the Native Vegetation Area;

(d) No fill, soil, rock, rubbish. ash, garbage, waste or other material foreign to the Native Vegetation Area
will be deposited in or on the Native Vegetation Area other than mulch for the better growing of the
vegetation in the Native Vegetation Area;

(e) No other acts will be carried out in or in respect of the Native Vegetation Area which, in the opinion of
the Covenantee, acting reasonably, may have a detrimental impact on the Native Vegetation Area;

(f) The Covenantor will be responsible for the ongoing control and eradication of Declared or Undesirable
Plants on the land; and

(g) | The Covenantor will adhere to the Management Plan.

4.2. Notwithstanding clause 4.1(a), if any living or dead vegetation on the Land {including the Native Vegetation
Area) poses a risk to human safety: -

(a} The vegetation may be cut down or trimmed with the prior written consent of the Covenantee, which
will not be unreasonably withheld, so as to remove the risk; and

(b) Unless it would, in the Covenantee's reasonable opinion, constitute a fire hazard, the cut vegetation or
trimmings must be left on the Land so that natural regeneration processes may occur.

4.3. Notwithstanding clause 4.1, the Covenantor may undertake works in the Native Vegetation Area with the
prior written consent of the Covenantee, which is not to be unreasonably withheld.

L “4Q2 |